Q & A
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 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.
Q: How is fatigue managed when operating with minimum crewing under MO504?
A: Where the master and crew are operating under minimum crewing, they are required to be given at least 10 hours rest in each 24-hour period.
In this situation, ensuring they have at least 10 hours rest would form part of your fatigue risk management plan.
Where you can't provide a minimum of 10 hours rest* under minimum crewing, you would need to undertake an appropriate crewing determination.
*Rest means when a person is free of all duties and functions, except in an emergency.
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: How are emergency service volunteers supposed to manage their hours of work/rest? We often go to an emergency after our day job and in the evenings.
A: Emergency service volunteer organisations need to consider how best to manage the risks of fatigue through a plan, in the same way as other operators.
It is crucial that volunteers provide accurate information on their current fatigue levels to the vessel owner/shift supervisor.
This could include information on:
- how well they slept the night before
- how long they have been awake
- what they have been doing and for how long (manual/mental work etc)
- their general health and wellbeing.
Vessel owners/shift supervisors should then consider this under their fatigue plan and policies, when determining if a volunteer is fit for tasks/functions.
Q: What does AMSA classify as 'work' and 'rest'?
A: 'Rest' means a period of time when a person is free of all duties and functions, except in the case of an emergency.
The term ‘work’ is not defined in the national law or the model WHS laws. It is reasonable to take the ordinary meaning of the word to mean any work, whether for reward or otherwise.
Q: Why doesn't AMSA align the minimum rest hours in the domestic maritime industry with international standards? Specifically, 10-hour minimum break in each 24-hour period?
A: Currently, MO504 requires masters and crew to have at least 10-hours rest in each 24-hour period, when a vessel is operating with minimum crewing.
In 2024, AMSA consulted with industry on a proposal to expand this rest requirement to all masters and crew working on DCVs, including when a vessel is operating above minimum crewing levels.
The feedback that AMSA received on the proposal was mixed. There was strong support from some sectors and strong opposition from others. Those that opposed said that a prescriptive approach to rest would be impractical for some sectors. They said they needed operational flexibility and the ability to respond quickly to safety concerns.
Fatigue management provides for a broader consideration of risks. In addition to the hours of work and rest, operators must consider:
- environmental factors
- night work
- suitability of the sleeping environment (if relevant).
A fatigue risk management approach is a better outcome for such a diverse industry, rather than a one-size-fits-all approach.
Q: Will AMSA be inspecting our plans and monitoring compliance?
A: The fatigue risk management plan forms part of your SMS. During an inspection you may be asked to provide a copy of your plan for review.
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.