by David J. Farrell, Jr.
Much was written about achieving compliance with the International Safety Management Code (“ISM Code”) by 1 July 1998. Since that date has come and gone, what’s the likely impact for Members operating in USA waters?
First and foremost, it can be expected that widespread ISM Code compliance will result in safer ship operations and pollution prevention. But what about other consequences?
In the land of litigation, it is clear that ISM Code records will be relevant in almost any claim involving the Member. In Coast Guard casualty investigations and USA legal proceedings, all the paper documents and computer files related to (1) the Safety Management Manual, (2) the reporting of accidents and non-conformities, and (3) probably even internal audits and management reviews will become legal evidence.
Careful writing is therefore imperative: in the hands of smart opposing attorneys, ISM Code records will be as important as log entries.
