Subchapter M – Designated Person Responsibilities

 

By July 2020, 50% of a company’s fleet must have a valid COI per 46 CFR 136.202. Companies with only one existing towing vessel must obtain a COI. As the deadline looms near companies are choosing between the TSMS option and the Coast Guard option for implementation of the Subchapter M requirements.

46 CFR 138.220 requires within the management organization ashore a person designated as “responsible for ensuring the TSMS is implemented and continuously functions throughout management and the fleet. They must also designate the shoreside person(s) responsible for ensuring that the vessels are properly maintained and in operable condition, including those responsible for emergency assistance to each towing vessel.”

The Designated person as defined above plays a critical role in the success of the system (TSMS). The overall success of Subchapter M lies in all personnel buying into the system such that a safety culture is created where awareness of potential risks and risks lead to reporting of the same for action before a non-conformity occurs. Where there is not fear of reporting near-misses, incidents and non-conformities.

The designated person (DP) plays an important role in creating this safety and “just” culture. The DP Is also responsible for providing the vessel with the needed resources to ensure that the TSMS can be effectively implemented. This could include competent mariners, spares, consumables etc. While they need not do this themselves they need to provide the oversight and monitor the vessels through audits and reviews to ensure that the policy is being well-implemented.

The DP is also responsible for ensuring adequate maintenance of the vessels. This can be accessed via regular visits to the vessel or by evidencing of maintenance records electronically if available as part of a preventative maintenance plan. The DP is also the person that the vessel can reach out to at any time for emergency assistance when needed. The DP supported by the management and resources ashore must have available a plan that can be implemented. Good practice involves determining what are the major risks to the vessel, operations and the marine environment and then developing contingency plans for identified risks/emergencies. It is also best practice to test these response scenarios through drills and exercises. This is in addition to the drills required by Subchapter M 46 CFR 140.420.

The ISM code has been in force since the mid-90’s and while the operations at sea and on inland waters are different there is a lot to learn for DPs from the experiences and challenges of DPs in the role they have played under the ISM Code. Subchapter M is here to stay, it is here to ensure a safer marine environment for all and the DPs are going to play a crucial role in the success of this.