The Mariner's Role in Collecting Evidence: In Light of ISM

Dr Phil ANDERSON, D Prof BA(Hons) FNI Master Mariner The reason for introducing a major revision to this essential loss prevention guide is the impact of the ISM Code. Although not directly concerned with commercial loss or damage, the Code requires companies to have in place a comprehensive safety management system (SMS). If the SMS is effective, accidents should be reduced and consequently there should be less injuries and damage. Taking pollution as an example the author argues that detailed records and good procedures are the best defense that mariners can have to the threat of criminal prosecution. The consequences of a pollution incident can be severe and mariners need to know, what evidence to collect, who to contact, what to do and how best to protect liability. In the foreword to the second edition Captain Eric Beetham President of The Nautical Institute at that time wrote "The industry expects that when claims are made they will be settled on the basis of the evidence presented. The need to provide this evidence is part of the mariner's professional role".