The Lowdown on MSMSR: 9 Key Takeaways for Stakeholders, Maritime Operators

Since we have been discussing the new MSMSR for a while now, here's a condensed guide to help stakeholders and maritime operators navigate the requirements more effectively while ensuring compliance and enhancing maritime safety. The lowdown can also be used by any marine enthusiast out there who wants to understand what all the flurry is about!

1. Purpose of the Document: Who is the Mandate For?

The document, developed by Transport Canada’s Marine Safety and Security (TCMSS), outlines how stakeholders should comply with the Marine Safety Management System Regulations (MSMSR). It details regulatory requirements and the necessary steps for Authorized Representatives (ARs) or Ship Managers operating the Canadian waters.

2. Overview of MSMSR Requirements: Fundamentally, this is what it talks about

- Vessels of all classes are mandated to implement and maintain a well-documented Safety Management System (SMS).

- Identify a Ship Manager responsible for shore-based and on-board operations.

- Adhere to regulations applicable to vessel Classes 1 to 5, while noting certain exemptions (for instance, human-powered vessels, fishing vessels under 24.4 m and 150 GT).

- Obtain Canadian Maritime Documents (CMDs) harmonized in validity with those under the Vessel Safety Certificate Regulations (VSCR).

- Ensure proper documentation on board, including a DOC, IDOC, or CDOC and an up-to-date SMS manual for all classes. MSMSR requires you to keep documents related to your SMS for a minimum period of five years.

3. But... What exactly is an SMS?

"Safety management systems are comprehensive sets of procedures, objectives, and responsibilities designed to manage safety elements in the workplace. They are intended to serve as a mechanism to lessen accidents and help reduce human error, as well as prepare for, and respond to, emergencies."

Precisely, a Safety Management System (SMS) is an organized framework that ensures safe ship operations through accountability, policies, and procedures. It includes regular audits to assess safety measures, identifies and manages risks, and provides a safe work environment for employees. The objective is simple — to prevent injuries or loss of life, avoid damage to property and the environment, and enhance the safety management skills of shipboard and shore-based personnel, including emergency preparedness.

4. Scope of an SMS: What is it supposed to do?

As inked by the new MSMSR, an SMS must cover all vessel operations, including preparations for lay-ups and maintenance. For seasonal vessels, procedures for lay-up and reactivation must be encompassed. It must also define the ship manager’s role, safety policies, resource allocation, communication lines, and detailed emergency response protocols.

5. Transitional Periods: How much time do all classes have to get an SMS on board?

Transitional periods are specific to each vessel and begin when the regulations come into force, ending on the vessel’s compliance date. Here's a table by TC with the transition years:

P.S. Class 1 vessels were already mandated to have an SMS so have no transitional period.

"For a Class 1 vessel, a valid CMD issued under the SMR is considered as issued under the MSMSR. Therefore, the compliance date for Class 1 vessels is the date the MSMSR comes into force."

6. Understanding the Implementation Timeline

Ship Managers have six months to fully implement the SMS after receiving the first CDOC or CSMC, after which the SMS is expected to be applied for all shore-based and on-board operations. For Class 5 vessels, the implementation starts upon registration.

"We recommend that the Ship Manager create an "Implementation Plan" detailing how the SMS will be implemented, including timelines for the roll-out and the roles and responsibilities of all involved," says TC.

7. What is a DOC?

"A valid DOC and SMC is evidence that on-shore and on-board operations are functioning as per the documented SMS of the company."

Once an SMS is reviewed and audited, a Document of Compliance (DOC) is issued, valid for five years, and endorsed annually upon successful audits. Whereas, a Safety Management Certificate (SMC) is similarly issued for vessels, verifying that both shore-based and on-board operations comply with the SMS.

8. Authority and Communication: Of crew responsibilities and roles

The SMS must clarify responsibilities, authority, and communication among all personnel involved in safety and pollution prevention. It should specify crew competencies and operational roles and delineate a master's responsibilities, establishing for all that the master has overriding authority and responsibility to make decisions around safety and pollution prevention.

9. Compliance Criteria all SMSes must follow

The regulations specify several critical procedures that SMS must incorporate, including:

- Instructions ensuring compliance with safety laws.

- Reporting procedures for marine occurrences and non-conformities.

- Emergency preparedness and response protocols.

- Regular maintenance and internal review of the SMS.

- Document control measures.

For further information and application forms, refer to Transport Canada's guidance on compliance with the MSMSR.