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?

Abstract

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 effectiveness 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.