Chapter 5 / MASTER’S RESPONSIBILITY AND AUTHORITY
Chapter 5
MASTER’S RESPONSIBILITY AND AUTHORITY
Procedures described in the SMSM do not absolve the Master from his responsibilities and duties according to the applicable legislation.
Function / MASTERQualifications / -Possession of all required by STCW certificates for the type of vessel and its trading patterns (see minimum requirements as per Table 2 of Ch.6).
-Proficient in English language.
-Administrative experience in handling the ship's accounting, reporting and shipboard planning.
-Good working knowledge of Charter Parties and good communication skills with Charterers.
Objectives / The safe and efficient management of the vessel in compliance with International and National Rules and Regulations and Company’s Health, Safety,Quality and Environmental protection Policies and SMS procedures.
Responsibilities / The Company has clearly defined the Master’s responsibility with regard to:
-Implementingits policies.
-Verifying that specified requirements are observed.
The Company shall ensure that the Master is:
-Properly qualified for command.
-Fully conversant with the SMS prior to taking command.
-Given the necessary support so that his duties can be safely performed.
The Master is responsible to: / -For implementing
-Crew, for the safety of their lives as well as for healthand welfare
-Charterers, for the prompt fulfillment of their lawful instructions.
-Cargo owners, for the safe and timely delivery of their cargo without loss or damage and without incidents, which may cause them concern in negative publicity, damage to their business interests or reputation.
-Owners and managers/operators of his vessel for its safe, efficient and economic operation, safeguarding their interests.
-Third parties, for avoiding damage to their property, livelihood or lives due to an unsafe operation of hisvessel.
General / With the aid of the ship management team the Master continually monitors all aspects of his ship’s operations to ensure that they are conducted in accordance with the Company’s requirements. Any problems identified, which cannot be rectified on board, are brought to the attention of the Company.In this respect the Master is responsible for:
-Promoting the concept of safety and environmental excellence through out the vessel’s organization and motivating the crew for the implementation of the Company’s Policies.
-Ensuring that health, safety, quality and pollution prevention requirements, as defined in the SMS are communicated to the ship’s Officers and crew and are complied with.
-Ensuring that all ship’s operations are carried out with due regard to the safety of personnel, ship and cargo. In the event of any conflict between the demands of safety and any other operational or commercial factors, safety will always take priority.
-Ensuring that all ship’s operations are carried out with due regard to the protection of the environment. In the event of any conflict between the demands of environmental protection and any other operational or commercial factors, subject only to the safety of life, environmental protection will always take priority.
-Ensuring the compliance of the vessel with National Law, International Conventions and the requirements of visited ports and countries and performing all necessary actions, in accordance with the relevant regulations and vessel’s operational needs.
-Ensuring that the vessel is always in a safe and seaworthy state for sea.
-Maintaining on board all records required by applicable international conventions, treaties, statutes and regulations and any additional documents or records required under the SMS.
-Implementing, promoting and ensuring compliance with safe working practices, conditions, hygiene rules and regulations onboard.
-Ensuring that charterers’ requirements are properly met.
-Being responsible for the well-beingand training of all crew members.
-Preparing ship-specific safety instructions based upon the principles and practices laid down in the SMS.
-Organising the shipboard operations in such a way that the possibilities of accidents are reduced to a minimum.
-Ensuring that any work which involves special risks or which requires mutual understanding by a number of persons working together is executed and supervised only by competent personnel.
-Ensuring that ship’s personnel are assigned work in such a manner that it is suited to their age, state of health and skill.
-Ensuring that the necessary instructions and notices concerning the safety and health of crew are posted in prominent, suitable locations and are brought to the crew’s attention.
-Ensuring that all required drills are carried out realistically, effectively and conscientiously.
-Organising and monitoring the maintenance of the vessel’s decks, accommodation spaces and deck/cargo handling equipment.
-Monitoring and controlling the use and disposition of stores.
-Ensuring that the vessel’s Certificates are in force and notifying the Company when surveys are required.
-Ensuring that Cargo operations are safely effected and that the vessel’s strength and stability is always maintained.
-Ensuring that the ship’s Officers have valid STCW certificates.
-Keeping the Company informed on his vessel’s crewing requirements.
-Ensuring that the Company’spolicies, procedures, Circulars, etc. are read and always followed.
-Ensuring that regulations regarding garbage disposal are followed, fully co-operated by the Chief Officer.
-Ensuring that communications onboard and ship to shore are maintained according to the SMS.
-Ensuring that all required safety equipment, life saving appliances and firefighting equipment are availableand in good working order.
-Ensuring that the Officer assigned with the duty of life saving and launching appliances maintenance is competent, properly qualified and trained.
-Keeping his watch, if applicable, and ensuring the safe navigation of the vessel while at sea as well as its safe mooring while in port.
-Appointing the vessel’s Safety Officer, Medical Officer and GO.
-Promoting crew familiarization and training,as per the SMS requirements.
-Evaluating the training needs of his associates and providing the appropriate training, ensuring their awareness on safe working practices and on the need of the ship to operate in an environmental friendly manner.
-Keeping harmonious relationships with all Officers and crewandinstructing them, as necessary.
-Monitoring the performance and effectiveness of the Bridge team members.
-Ensuring that the SMS documentation onboard is controlled and removing the superseded documents from areas of work.
-Providing first aid when required.
-Ensuring that working conditions onboard are safe.
-Signing appropriate work permits.
-Conducting/participating in Risk Assessments and Job Hazard Analyses.
-Initiating, when required, incident investigations and issuing relevant reports.
-Ensuring that meetings on health, quality, environmental protection and safety issues are carried out according to the Company’s requirements and chairing the ship’s Safety and Environmental Committee meetings.
Basic functions / -The operation of the vessel with the highest level of safety in accordance with the Company’s stated principles, policies and objectives.
-Being the link between the ship and the Company’s organization ashore.
-Defining the functional capability of the SMS on board.
-Overriding usual procedures in case the safety of the ship is at risk and requesting assistance at his discretion with no prior approval.
-Being the spot manager of emergency situations.
Crew motivation for implementing SMS policies / The Master:
-Leads by example and is the spiritual comforter of his crew.
-Demonstrates his commitment to safety and environmental excellence.
-Implements fully the Company’s Policies.
-Deals with all crew problems.
-Explains the Company’s Policies to the crew and monitors their implementation on board.
-Describes the personal advantages to each crew member resulting from the implementation of the SMS and theCompany’sPolicies.
-Clarifies each crew member’s position in the SMS.
-Informs the crew regularly through meetings and notices.
-Creates incentives for the crew’s motivation.
Master’s Instructions / The Master is responsible for issuing/approving:
-Standing, night, voyageand watchkeeping orders in a clear and easily understood manner and ensuring that these are properly implemented.
-Loading, Unloading and Ballasting Plan.
-Additional maintenance instructions.
-The agenda of the ship’sSafety (and Environmental) Committee meeting in consultation with the Safety Officer.
Monitoring the implementation of the SMS / Regarding the monitoring of the SMS implementation onboard, the Master has the same authorities that the DPA has for the shore-based organisation. He is responsible for ensuring that all ship’s operations are carried out in accordance with the requirements of the SMS, Company’s Circulars and ship specific instructions. Moreover the Master is responsible for:
-Checking all relevant records on board.
-Initiating scheduled/unscheduled meetings of the ship’s Safety Committee.
-Appraising and co-ordinating on-board training.
-Ensuring that all documentation that is designated as “controlled” is up to date and issued as per the Company’s procedures.
-Participating in all internal and external audits.
-Keeping the rest/work hours schedule, as appropriate.
-Reporting to the ship’s Superintendent and the DPA all defects, incidents, non-conformities, etc. and any matters that deviate from the requirements of the SMS or have implications for safe operations or pollution riskand informing the responsible ship’s department head accordingly.
-Performing the Master’s reviews of the SMS at defined intervals or as he deems appropriate, and reporting the conclusions to the DPA.
The Master shall ensure that prompt reports are made to the DPAand, when required, to theappropriate authorities of any non-compliant condition with respect to the SMS. In this respect hewill ensure that every crewmember receives the necessary training to ensure compliance with the SMS and that the proper training records are maintained.
Voyage preparation / Prior to sailing, the Master must ascertain that the ship is seaworthy in all respects, is suitably equipped and manned and that there are on board sufficient stores, provisions, bunkers and water, all with reasonable allowances for safety for the intended voyage. He must also ascertain that there are sufficient updated charts and navigational publications for the contemplated voyage and that a passage plan has been prepared and reviewed.
Voyage instructions / The Company or the Charterers can issue instructions directly to the Masters in respect of the following functions:
-Voyage orders relating to loading and discharging ports and terminals.
-Voyage orders in respect of cargo and fuel quantities and stowage.
-Purchase and supply of bunkers.
-Voyage scheduling.
-Cargo spacepreparation and custody transfer procedures.
-Voyage communications and reporting requirements.
-Agency appointments.
-Suitability of ports, terminals and berths for the ship.
-Voyage performance analysis.
-Other matters relating to the trading of the ship.
This data is accessible to all Company’s staff, thereby permitting superintendents and management to monitor these activities and communications.The Master shallreview all such instructions in order to ensure that the ship can safely comply with them. If there are any doubts as to the ability of the ship to safely comply in any respect with such instructions, the Master shall advise both the Charterer and the Company. The matter is then discussed, as appropriate, between the parties to resolve the situation.
Voyage and cargo data, as outlined below, is tabulated and transmitted on the completion of each voyage:
-Cargo orders.
-Grades, quantities and stowage of cargo carried.
-Port and voyage operating data.
-Ship position.
-ETA data.
Navigational responsibility / He is responsible for the safe navigation of the ship, in accordance with the principles of good seamanship, the requirements of the SMS, the relevant Company’s instructions and as required by the law. He is required to maintain proficiency in traditional and electronic navigation skills, including those which he normally delegates to other Officers.He must ensure that an atmosphere conducive to the free exchange of information is maintained with regard to the bridge team. When personally conning the ship, he must, in order to obtain the optimum assistance from the bridge team, keep the other team members appraised of his intended manoeuvres, as fully as thecircumstances permit.
The Master must ensure that the OOBWs are thoroughly familiar with the applicable COLREGS and must require that the ship is navigated in strict compliance with these regulations. He must also ensure that regular maintenance of navigational equipment is carried out, in accordance with the manufacturer’s manuals and the PMS. Furthermore, he must ensure that a file of navigating warning messages is maintained and regularly updated in accordance with the latest Notices to Marines.
The Master must carry out Navigational audits/reviews every 4 months and submit his reports to the Company.
Presence on bridge / The Master must be on the bridge at the following times:
-Whenever called by the OOBW.
-In periods of restricted visibility.
-When there is a heavy traffic in the vicinity of the ship.
-While navigating in restricted waters.
-When entering or leaving port, docking, undocking or shifting the ship.
-When the track of the ship passes in the vicinity of shoals, outlying rocks or other hazards to navigation.
-During heavy weather conditions and at any other times when conditions are judged to be a threat to the safety of the ship, personnel or cargo; and
-When making landfall.
Economical operation / He is responsible for and must give close attention to the economical operation of the ship. He should ensure that stores, equipment and provisions are not used wastefully and that excessive inventories are not maintained on board.
Discipline / The Master has overriding authority over all persons on board the ship and he is responsible for ensuring discipline. He must require that his orders are carried out and any neglect or refusal to do so must be met with the appropriate disciplinary action, properly administered and documented.
The Master may rely on the Company for support in the lawful and proper execution of his duties and the maintenance of discipline. He has the authority to dismiss any Officer or rating from the ship. This power must be used judiciously, only for proper cause and in accordance with the general industry disciplinary procedures. Causes for dismissal can vary from infringement of regulations to consistently substandard performance.
Correspondence, records and reports / The Master is responsible for the accuracy and timely submission of correspondence, records, reports and documents required by the Company or by government agencies in the conduct of the ship’s affairs.
Maintenance / Technical / Regarding technical matters, the Master’s responsibilities include the following:
-To carry out regular inspections on board and prepare condition reports, with the full co-operation of the C/O and the C/E.
-To supervise the yard activities during dry-docking and ensure the vessel's safety during repairs, always assisted by the C/O and C/E.
-To verify and sign together with the C/E and the Company's Superintendent the work done list, on completion of dry-docking repairs.
Inspections / The Master is responsible for organizing and processing all necessary inspections in time.Circumstances permitting, he should make a daily inspection of the ship. These inspections should be scheduled so that mess rooms and the galley are visited daily, and the storerooms, refrigerated stores, communal washrooms and living quarters weekly. At defined intervals he must make a complete inspection of the ship, accompanied by the Senior Officers.
Should specific job orders arise from such inspections, immediate corrective/preventive actions have to be taken. Inspection results necessitating further actions must be discussed in the ship’s Safety meetings and properly addressed.
Labour organisations / He must not interfere with the employees in their right to organise or refrain from organising for the purpose of lawful collective bargaining. He must not make any statements either written or verbal which would by promise or threat, seek to influence or coerce individuals in respect of their membership in any labour organisation. He shall not be deemed to interfere with the freedom of expression or the right of individuals to become members or to refrain from becoming members in any lawful labour organisation in which they have an interest or to participate in its activities.
Health, welfare and sanitation / The Master must give close attention to matters affecting the health and welfare of the crew and shall conform to the he Flag State and Company’s regulations and standards, using good judgement in accordance with the accepted seafaring practice. It is his responsibility to ensure that illness and injury cases receive prompt and appropriate medical attention. The Master must ensure that the ship is kept in a clean and hygiene condition at all times.