Question 1

After inspection, the PSCO states she has found deficiencies that may lead to detention. What categories of deficiency are "detainable" under Paris MOU?

Accepted Answer

DETAINABLE DEFICIENCIES — PARIS MOU: The Paris MOU defines a "detainable deficiency" as one that poses a CLEAR AND IMMINENT DANGER to safety, health, or the environment. Categories include: (1) ISM CODE: no ISM Certificate; ISM certificate expired; evidence that the ISM is not implemented — no drill records, no non-conformity reports, no audit records; (2) FIRE SAFETY: fire detection system inoperative; automatic fire dampers inoperative; fire main inoperative; CO2 system expired; lifeboat release mechanism seized; (3) NAVIGATION: primary navigation equipment inoperative (radar); no charts or grossly outdated charts; GMDSS equipment inoperative; (4) STRUCTURAL: vessel unseaworthy — hull damage, excessive corrosion compromising watertight integrity; (5) LIFESAVING APPLIANCES: insufficient lifeboats or lifejackets; lifeboat falls overdue; EPIRB expired or inoperative; immersion suits not available or defective; (6) MARPOL: IOPP certificate expired; no Oil Record Book or incomplete ORB; oil-water separator inoperative; (7) MLC: serious MLC violations — crew not paid, inadequate food/water, inadequate rest, serious accommodation deficiencies; (8) CERTIFICATION: officer certificates not valid for the role or expired; vessel undermanned below Safe Manning Document; (9) STCW: unable to demonstrate STCW competencies — crew cannot operate fire equipment, donning drills inadequate. NOTE: a single deficiency can cause detention if it is dangerous. Multiple minor deficiencies together may cumulatively justify detention. Paris MOU detention statistics: approximately 2-3% of vessels inspected are detained. Common deficiency categories include: fire safety/fire fighting equipment; safety in general; life-saving appliances; ISM. The CM's role before inspection: the best PSC preparation is a well-maintained vessel with proper documentation. The CM can reduce detention risk by: maintaining drill records; ensuring equipment is operational and tested; keeping certificates up to date; maintaining accurate ORBs; enforcing rest hours. CM role during inspection: the CM should accompany the PSCO on a walk-through and immediately address minor deficiencies that can be rectified during the inspection. If a fire extinguisher pin is missing — replace it during the inspection. This shows proactive compliance culture and may prevent a deficiency notice for the minor item. Master signing (option D): the master is asked to sign the inspection report to acknowledge RECEIPT of the inspection findings — not to "accept" the detention. Refusing to sign is noted on the report but does NOT void the detention. The PSCO has authority to detain under the port state's national law giving effect to the Paris MOU. Flag state reporting: deficiencies are reported to the flag state. Vessels with repeated deficiencies or detentions are targeted for more frequent inspection. The Paris MOU "black list" and "grey list" identify flag states with poor PSC performance records.

Question 2

A Paris MOU Port State Control Officer (PSCO) boards your vessel in Rotterdam. As Chief Mate, what does the initial inspection involve and what is your role?

Accepted Answer

PSC INITIAL INSPECTION — CM ROLE: The Paris MOU provides the framework for PSC inspections in European waters. INITIAL INSPECTION — THE PSCO CHECKS: (1) CERTIFICATES: validity of all relevant certificates: (a) Safety Management Certificate (SMC) and Document of Compliance (DOC); (b) SOLAS Safety Equipment Certificate; (c) SOLAS Safety Construction Certificate; (d) SOLAS Safety Radio Certificate; (e) Load Line Certificate (LL); (f) IOPP Certificate (MARPOL Annex I); (g) ISPS (International Ship and Port Facility Security Code) Certificate; (h) MLC Maritime Labour Certificate; (i) Classification Certificates; (j) Minimum Safe Manning Document; (k) Officer's Certificates of Competency; (2) CREW WELFARE: PSCO may interview crew privately about rest hours, wages, food, and access to complaint procedure (MLC inspection); (3) GENERAL CONDITION: visual inspection for obvious deficiencies — corrosion, unsafe equipment, damaged fire equipment, dirty accommodation; (4) ISM: request evidence of ISM implementation — drill records, internal audits, non-conformity reports. CM ROLE: (a) Accompany the PSCO on request; (b) Produce documents immediately — delay suggests non-compliance; (c) Answer questions truthfully and professionally; (d) Notify master of PSCO's findings as the inspection proceeds; (e) Do NOT coach crew on what to say — crew must speak freely to the PSCO. Paris MOU targeting system: uses a risk-based targeting system (Concentrated Inspection Campaigns and the Targeting Factor) to select which vessels to inspect. High-risk ships (older vessels, flags with poor performance records, companies with poor track records) are inspected more frequently. PSC authority: based on UNCLOS, SOLAS, and the MOU framework. Port state has the right to inspect foreign vessels in their ports to verify compliance with international conventions. The inspection right does NOT require cause — any commercial vessel in a Paris MOU port can be selected. The MLC private interview: PSCO may interview crew without the master or CM present. MLC Standard A5.2.1 specifically provides for this. If the CM were present, crew might be reluctant to report MLC violations. The CM must not interfere with MLC crew interviews. Certificate validity vs actual condition (option B): if certificates are valid but conditions are hazardous (fire system not functioning, crew not properly trained), the PSCO can issue deficiency notices and potentially detain the vessel for "clear grounds" — hazardous conditions regardless of paper compliance. Detention criteria: not just paper failures. A vessel CAN be detained for: overriding alarm silenced; inadequate fire drill records; crew unable to demonstrate use of fire equipment; structural deficiencies; significant rest hour violations.

Question 3

The PSCO specifically asks to see evidence of ISM implementation. As Chief Mate, what documents and records can you produce?

Accepted Answer

ISM EVIDENCE — CM DOCUMENTS: The ISM Code requires a functioning Safety Management System (SMS). Evidence that the PSCO will request: (1) CERTIFICATES: Safety Management Certificate (SMC) — issued to the vessel; Document of Compliance (DOC) — held by the company. Both must be valid; (2) COMPANY SMS MANUAL: the vessel should have the company's SMS on board — either in hard copy or electronic form. The manual describes all safety procedures; (3) DRILL RECORDS: evidence of regular drills — fire, abandon ship, MOB, confined space rescue, medical emergency. Regulations require drills at specific intervals (SOLAS monthly/quarterly). Records show date, type of drill, crew participating, lessons learned; (4) SAFETY COMMITTEE MEETING MINUTES: ISM requires regular safety meetings. Minutes show topics discussed, crew participation, actions arising; (5) NON-CONFORMITY REPORTS: the ISM system must include reporting of non-conformities. Absence of any reports may suggest the system is not being used. Too many unclosed reports may suggest the system is not rectifying issues; (6) RISK ASSESSMENTS: records of risk assessments completed for specific operations — enclosed space entry, hot work, working aloft; (7) INTERNAL AUDIT RECORDS: internal ISM audits by the company DPA. Results and close-out of findings; (8) NEAR-MISS REPORTS: records of hazardous occurrence reports and company responses; (9) MAINTENANCE RECORDS: evidence that planned maintenance is being carried out — defect lists, maintenance job cards; (10) MARPOL RECORDS: ORB, GRB (Garbage Record Book), logbook entries. ISM implementation vs certification (option B): the SMC certifies that the company's SMS was assessed at the time of audit. The PSCO needs to verify that the SMS is ACTUALLY BEING IMPLEMENTED — not just that a certificate exists. Paper ISM: a company that creates certificates and records without actually running drills or managing non-conformities is operating a "paper ISM." PSC inspections have detected paper ISM systems and detained vessels for it. The classic indicator: non-conformity reports that are all "closed" on the day they were opened with no follow-up actions — suggesting they were never genuinely investigated. PSCO access to ISM records (option C): the PSCO has specific authority under the ISM Code (SOLAS IX/6) to inspect ISM records. The ISM Code is a SOLAS instrument — the PSCO has full authority to review it. Refusing access to ISM records is itself a detainable deficiency. Drill records formality (option D): drill records under SOLAS (Regulation III/19 and regulation V/26) must be kept in the official log book. The log book is a statutory document. Additional drill records may be kept in the SMS system. The PSCO will check that: drills are conducted at the required intervals; all crew participate; records are signed. The CM owns the drill records for deck operations. The master must sign the log.