Question 1

An internal audit at your company identifies an access and egress hazard at a specific terminal. The finding is later marked as closed. What does MAIB's investigation into Millgarth say you should verify before accepting that closure?

Accepted Answer

That the corrective action was actually completed and its effectiveness confirmed, not just that the finding was administratively marked closed MAIB found an internal Svitzer audit had already identified access and egress issues at Tranmere, but the non-conformity was closed without the corrective action being verified as completed — exactly the gap Rec 2019/121 addresses.

Question 2

Under the ISM Code and as reinforced in Gard's guidance to Members, the Master's overriding authority to make decisions for the safety of the ship and protection of the environment can be overruled by a commercial instruction from the company, such as a charterer's order to sail on schedule.

Accepted Answer

False False. Gard's guidance to Members consistently stresses that the ISM Code (element 5) gives the Master overriding authority and responsibility for safety and pollution prevention decisions — and that companies must ensure this authority is not undermined by commercial pressure. A charterer's or owner's commercial instruction never overrides the Master's safety judgement; Masters who feel pressured are advised to record their decision and reasoning and report it to the company and, where relevant, to their P&I correspondent.

Question 3

A crew member identifies that a piece of safety equipment does not match what is listed on the safety equipment plan. What is the correct way to handle this under the SMS?

Accepted Answer

Raise it as a non-conformity/observation through the SMS reporting process so it is recorded, investigated, corrected, and — if it reflects a wider issue — used to improve procedures or the safety equipment plan itself The ISM Code requires a system for reporting non-conformities, accidents and hazardous occurrences so they can be analysed and corrective/preventive action taken — quietly fixing an issue without recording it loses this opportunity for systemic improvement.