Answers to questions we've received from industry about the changes to safety management systems. 

On this page:

• Simplified SMS
• Fatigue management
• Drug and alcohol policy
• Operational and emergency procedures
• Master and designated person
• Assembly station
• Vessel stability

Simplified SMS

Q: Why is the option for a simplified SMS limited to vessels less than 7.5m? Why have vessels slightly larger than 7.5m not been considered?  

A: The simplified SMS arrangements have been limited to vessels less than 7.5m to more closely align with the existing eligibility criteria in Division 2 (General) of Exemption 03 – Maritime Safety (Certificates of operation) 2020.   

AMSA considers vessels that are less than 7.5m in length and that meet the simplified SMS eligibility criteria to be less complex. As a result, we determined that this vessel length cut-off would be appropriate from a risk perspective and to ensure that the simplified SMS approach delivers acceptable safety outcomes.    

We will monitor the performance of the simplified SMS approach, examine whether the eligibility criteria is fit for purpose, and balance safety and burden on industry. We may consider whether larger vessels should be eligible for simplified SMS arrangements at in the future.  

Q: I have a vessel that is eligible for a simplified SMS and have an SMS in place that covers the requirements in the current MO504. Will I need to transition to a simplified SMS?  

A: If you currently have an SMS in place that complies with the requirements in MO504, you will not be required to transition to a simplified SMS. However, you will still need to implement the new SMS requirements that apply to simplified SMS vessels such as the fatigue risk management and drug and alcohol policy.    

Q: As an operator of a vessel that is already in operation and that meets the eligibility criteria to have a simplified SMS, can I start using the simplified requirements now?  

A: Vessel operators must continue to comply with the existing requirements until the changes come into effect on 1 June 2025.

You can, however, include the new requirements, such as managing the risks of drug and alcohol use, into your SMS at any time before the changes apply.  

Q: Do the changes apply to vessels that don’t require a certificate of operation?  

A: Certain kinds of vessels and operations are exempt from the requirement to hold a certificate of operation under Exemption 03 (Certificates of operation). However, these vessels must have and comply with an SMS that addresses the operation requirements in MO504. 

Fatigue management

Q: Do I need to manage the risks of fatigue if I only operate the vessel for a few hours a day?  

A: The requirement for the management of fatigue applies to all Class 1, 2 and 3 DCVs, including all operation types and voyage lengths.  

The level of detail required will be determined by the vessel’s risk assessment and depend on the nature and complexity of the operation.  

If a vessel only operates for a few hours a day, the fatigue risk assessment may be a short, simple plan outlining:

• why the risk of fatigue is low for your operation
• what you currently do to manage the risk of fatigue, for example educate your crew on the need to get restorative sleep at home
• why further controls are not necessary.  

The risk of fatigue may exist whether a vessel is operated for a short or long period of time. The requirement to risk-assess fatigue will ensure that a process is in place for all operations to identify and manage the risks.  

Q: Do I need to consult with the master and crew when developing my fatigue plan?  

A: The plan is a component of the vessel’s risk assessment and must be developed and reviewed in consultation with the master and crew.  How you engage with masters and crew will depend on a number of factors such as the size of your operation and workforce, multiple vessel locations and the diversity of operations you undertake.

Safe Work Australia have developed a Code of practice: WHS consultation, cooperation and coordination to provide practical guidance on how to effectively consult with workers. 

Drug and alcohol policy

Q: I already have a drug and alcohol policy. Do I need to do anything?

A: If you already have a drug and alcohol policy in place to meet your workplace health and safety (WHS) obligations, check that:

• a copy is included in the vessel’s SMS
• you have inducted all your existing crew/staff on the policy
• you are inducting all new crew/staff when they join the vessel/business, and
• you regularly train your crew/staff on the reasons for having the policy.
   

Q: Will AMSA require a minimum number of drug and alcohol tests to be conducted and recorded each year?  

A: You won't be required to conduct and record a minimum number of tests. 

Vessel owners and operators have the flexibility to assess the specific risks to their operation. Owners will be able to decide what controls – through testing or otherwise - need to be implemented to ensure a vessel is not being operated while a master or crew member is impaired.
 

Q: How can I find out about the possible side effects of medication that my crew are taking?  

A: If a crew member is prescribed a new medicine, their pharmacist should provide them with a Consumer Medicine Information (CMI) leaflet. For further information, visit the Healthdirect Australia website or consult your local health care professional.  

Operational and emergency procedures

Q: What do you mean by dangerous goods? 

A: For the purposes of Marine Order 504, dangerous goods mean those packaged dangerous goods that fall within the application of clause 4 of the National Code of Practice for the Storage and Handling of Workplace Dangerous Goods (NOHSC: 2017 (2001)). 

Q: How does AMSA define cargo?

A: For the purposes of Marine Order 504, cargo of a vessel does not include ballast for the vessel or goods intended for consumption or use on the vessel. 

Q: Can a vessel that has never been authorised to carry dangerous goods begin to carry them?

A: The carriage of dangerous goods has implications for a vessel’s certification. Under Marine Order 503 (Certificates of survey) the carriage of dangerous goods is both a modifier (increasing the survey frequency) and a transitional vessel trigger. As such, an existing vessel that starts carrying dangerous goods will become transitional. This will require compliance with the applicable sections of NSCV Section C4 – Fire safety concerning the carriage of dangerous goods.

New vessels will also be subject to the requirements of NSCV C4 for the carriage of dangerous goods.

An application for initial survey will be required prior to the vessel commencing operations with dangerous goods. For details of the dangerous goods carriage requirements refer to NSCV C4.

Master and designated person

Q: Do the requirements for the master’s responsibility and authority statement apply to vessels operating under a simplified SMS? 

A: Yes. However, if the owner is also the master there is no requirement to include a responsibility and authority statement in the SMS.

Q: Do the requirements for the designated person responsibility statement apply to vessels operating under a simplified SMS? 

A: Yes. However, if the owner is also the designated person there is no requirement to include a responsibility and authority statement in the SMS.

Assembly station

Q: Do vessels operating under simplified SMS need to include an assembly station? 

A: Vessels that meet the eligibility criteria for a simplified SMS will not be required to include an assembly station in the vessel's emergency plan. However, owners are encouraged to include one where it is practical based on the vessel’s layout, characteristics and risk assessment.

Vessel stability

Q. How do I record the modifications?

A: You can record modifications in a way that suits your operation. This may be in your logbook or somewhere else.  Whatever form the record takes, it must be up-to-date and able to be accessed easily by your master and crew, or a marine inspector if they request it.