APPLES & ORANGES
You can start formulating your plan
by determining the plan components
that your operation requires. For larg-
er vessels, the requirement for achiev-
ing ISM Safety Management System
Certifi cation provides an excellent
blueprint for formalizing your safety
program. For tow boats and barge
operators, the American Waterways
Operators’ (AWO) Responsible Car-
rier Program provides an easy to im-
plement safety management plan that
has already been tailored for your seg-
ment of the industry. If you are not
up to speed with the applicable laws,
regulations and recommended prac-
tices, you may want to start the pro-
cess by meeting with your attorneys
or a safety management consultant to
determine where to start.
The requirements for ISM cer-
tifi cation and compliance with the
AWO’s Responsible Carrier Program
are similar and require appropriate
management, policies, vessel equip-
ment, adequate crew and an audit of
the program to determine its effec-
tiveness. According to the ISM Code,
each certifi ed Safety Management
System must include: a commitment
from management, a comprehensive
policy manual, a comprehensive pro-
cedures manual, audit procedures, a
dedicated employee who serves as an
ombudsman between the vessel crew
and the offi ce staff, a system for iden-
tifying problems with implementa-
tion and regular management reviews.
Once you have started the process
of implementing the safety culture
and a workable plan, you are on the
road to improving your safety record.
At that point, effective implementa-
tion will be achieved by continued
leadership and the effective manage-
ment of the plan.
The worst safety mistake that you
can make is to have a safety plan and
then choose not to implement it or
worse, just ignore it. In the event
that an accident occurs, the claim-
ant’s attorney will request all of the
documents related to your safety plan.
Having to admit that you didn’t have
a safety plan is a painful event, but
producing a plan that was ignored by
either management or the crew may
prove to be worse and expose your
company to an excessive judgment.
It is important to note that the
development of a safety culture and
the formulation and implementation
of an effective plan takes signifi cant
time and resources. This is a project
that will absorb signifi cant resources
without showing an immediate re-
sult. However, if you stick with your
program and continue to communi-
cate and manage the plan effectively,
it will pay signifi cant dividends for
your organization over the long term.
These long term benefi ts include an
improved safety record, more satisfi ed
employees, operational savings due to
less downtime and an improved bot-
tom line due to reduced insurance
and claim expenses.Mr. DeMarcay is a partner in the
law fi rm of Fowler Rodriguez Valdes-
Fauli. His areas of practice include
Commercial Litigation, Admiralty,
Personal Injury, Transportation,
Real Estate, Construction and
Corporate Law. Prior to attending
law school, Mr. DeMarcay served
on the Washington based legislative
staff of Congressman Jimmy Hayes.
On the WEB: http://www.frvf-law.com