Muhammad Ellatakany ®   07-Jun-2023 16:33

Designated Person Ashore - How Do They Perceive Their Role in the Organization and to Which Extent Are They Legally Exposed in Case of an Accident?


Year: 2014
Language: english
Author: JOURNAL OF MARITIME RESEARCH
Genre: Practical guide
Format: PDF
Quality: OCR with errors
Pages count: 10
Description: This paper focuses on how the Designated Persons Ashore (DPAs) perceive their role in the shipping
organization in relation to the International Safety Management Code (ISM) requirements and to which
extent they are legally exposed in case of an accident. The ISM Code expects continuous improvement
in safety on board. The DPA is responsible for determining the e ectiveness of the safety management
system within the company and onboard the ship. This paper seeks to enlighten the DPA’s role in the
organization and the interpretation of the responsibility in relation to the ISM Code after an accident.
The research questions are: (1) How do the DPAs perceive their position in the Company? ; (2) Can
DPAs be legally exposed in case of an accident? ; (3) Can DPAs be charged with negligence?; and
(4) Do DPAs need a special insurance? The method used is interviews with four DPAs working for
shipping companies and two other experts in this field. In addition to this, e-mail exchange with other
professional bodies, discussions with active DPAs and study of relevant literature. The results of the
analysis show the absence of recent debate in this field and little attention from the accident reports.
Further, one weakness of the ISM Code seems to be that it does not clearly define what is “top management”
and therefore does not make clear demands on how high up in the system to DPA should report.
This paper shows that to succeed in this role as a DPA he/she is dependent of a good cooperation with
other departments in the organization and full support from top management.

Contents

This paper focuses on how the Designated Persons Ashore (DPAs) perceive their role in the shipping
organization in relation to the International Safety Management Code (ISM) requirements and to which
extent they are legally exposed in case of an accident. The ISM Code expects continuous improvement
in safety on board. The DPA is responsible for determining the e ectiveness of the safety management
system within the company and onboard the ship. This paper seeks to enlighten the DPA’s role in the
organization and the interpretation of the responsibility in relation to the ISM Code after an accident.
The research questions are: (1) How do the DPAs perceive their position in the Company? ; (2) Can
DPAs be legally exposed in case of an accident? ; (3) Can DPAs be charged with negligence?; and
(4) Do DPAs need a special insurance? The method used is interviews with four DPAs working for
shipping companies and two other experts in this field. In addition to this, e-mail exchange with other
professional bodies, discussions with active DPAs and study of relevant literature. The results of the
analysis show the absence of recent debate in this field and little attention from the accident reports.
Further, one weakness of the ISM Code seems to be that it does not clearly define what is “top management”
and therefore does not make clear demands on how high up in the system to DPA should report.
This paper shows that to succeed in this role as a DPA he/she is dependent of a good cooperation with
other departments in the organization and full support from top management.

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