events, i.e. the peo ple at the sharp end of the system, were found responsible. The
underlying principle of this safety management regime was that the threat of punishment
should influence companies and individual behaviour to the extent that safety gained a
higher priority. Although the maritime safety management regime has principally evolved
away from this early stage of development, the culture of punishment is still to be found in
the aftermath of accidents as well as in many maritime regulations. For example, the US
Oil Pollution Act (OPA 90) gives shipowners full economic liability for oil spills in US
coastal waters.
What may be described as the second stage of development regarding the maritime
safety management regime involves the regulation of safety by prescription, i.e. the
prescriptive regime in which the maritime industry is given sets of rules and regulations to
be obeyed. For example, the provisions of ILLC 1966 (the International Convention on
Load Lines), SOLAS 1974 (the International Convention for Safety of Life at Sea),
MARPOL 73/78 (the International Convention for the Prevention of Pollution from
Ships), COLREG 1972 (the Convention on the Internationa l Regulations for Preventing
Collisions at Sea) and STCW 78/95 (the Standards for Training, Certification and
Watchkeeping for Seafarers) provide the basis for the prescriptive (or external) regulatory
framework for international shipping. The prescribing party is normally a country
government or its legislative bodies, or an international organization in which a number of
countries participate (e.g. the IMO). The prescr ibed rules and regula tions have normally
been based on past experiences and very rarely have proactive rules been included. The
prescriptive regime affects and is employed in all parts of a vessel’s life-cycle, i.e. design,
construction, operation, modification/refurbishment, and decommissioning.
The second stage of development is an advance on the first stage (the culture of
punishment) because it is designed to attack known points of danger before actual harm
occurs. This leads to a culture of compliance with prescriptive rules. However, more
recently there has been a growing belief that the application of prescriptive rules is not
enough: rules and regulations provide the means to achieve safety, but this should not be
an end in itself.
The third and most advanced stage in the evolution of t he maritime safety
management regime is the creation of a so-called culture of self-regulation of safety,
where regulation goes beyond the setting of externally imposed compliance criteria as
in the second stage. The culture of self-regulation concentrates on internal management
and organization for safety, and encourages individual industries and companies to
establish targets for safety performance. Self-regulation also emphasizes the need for every
company and individual to be responsible for the actions taken to improve safety, rather
than seeing them imposed from external prescriptive parties. This requires the develop-
ment of company-specific and, in the case of shipping, vessel-specific safety management
systems (SMS ). It can be concluded that in the culture of self-regulation, safety is
organized by those who are directly affected by the implications of failure.
As mentioned earlier, the regulation of safety in the shipping industry has, historically,
been characterized by a culture of punishment and a culture of external compliance.
IMO’s adoption of the International Safety Management (ISM) Code, which is made
mandatory in all member states, is an important step towards the creation of a culture of
15.1 INTRODUC T ION 467