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MAREX Captain Mitchell S. Stoller
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ISM Code and Safety Management Expert Witness

The International Safety Management Code requires shipping companies to write down how they keep their ships and crews safe, and then to follow it. In litigation, that paperwork becomes evidence. A safety management system that looks complete in a binder can tell a very different story once you compare it with the logs, the audits, and what the crew says happened.

Captain Stoller has spoken on the ISM Code and risk assessment to the American Association for Justice and at admiralty law conferences. He reviews safety management systems for what they promised and what they delivered.

Issues Captain Stoller evaluates

  • Whether the SMS met the objectives of 33 CFR Part 96 and SOLAS Chapter IX
  • Risk assessment and job hazard procedures
  • The designated person ashore and the company's response to reports
  • Internal audits, nonconformities, and corrective action
  • Master's review and the master's authority under the SMS
  • Training and drills required by the SMS
  • Near-miss and accident reporting
  • Towing safety management systems under Subchapter M

Why his background fits

He worked inside a major fleet's safety system as an officer and master, and later helped revise operations and bridge management manuals for a tanker company as a consultant.

Documents to gather

The full SMS manual, audit reports, nonconformity reports and closeouts, master's reviews, DPA communications, drill records, safety meeting minutes.

Common questions

Does the ISM Code apply to every vessel?

No. It applies to certain vessels by size and service. Towing vessels under Subchapter M have their own safety management option.

Is a missing audit a violation by itself?

It depends on what the SMS and the regulations required. The pattern of audits and follow-up usually matters more than one gap.

What is the most common SMS failure in injury cases?

A procedure exists on paper, but nobody trained the crew on it or checked that it was followed.

Related posts

The ISM Code in Litigation

Failure to Train: What the Records Show

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