論ISM與海難事故人因間之糾葛

A Discourse Deliberating the Entanglement between ISM and HOFs

為避免海難事故的發生，國際海事組織（IMO）無不盡其所能，從提升船舶硬體設備，到加強當值人員訓練，最後發現人為因素才是事故的關鍵因素，故而祭出強制的船舶安全管理（ISM）與港口國管制（PSC）等硬性措施，企盼能有效地降低事故的發生。故，本文將就PSC與ISM的緣起、沿革及發展等，以時間的脈絡為經，事故人因的覺醒為緯，有系統地論述人為因素，在這兩者間所扮演的角色，以及IMO為何會對此議題如此重視；並輔以筆者關於ISM之理解與執行經驗，論述落實ISM與面對PSC之若干實務層面議題之看法與建議。最後，再從主管機關與國內法規方面，以及船公司與船隊等兩面向，提出懇切的建言。希冀，能透過以ISM為體，PSC為形，STCW為用的策略，達成IMO為降低人為因素，防止海上事故，確保人命安全及環境保護的目標。

To avoid the occurrence of maritime casualties, the International Maritime Organization (IMO) had exhausted all the efforts, including upgrading the ship’s hardware and equipment to strengthening the training intensity of seafarers on duty, to improve maritime safety. However, the IMO eventually found that Human and Organizational Factors (HOFs) are the key factors involved in accident(s). Therefore, tough measures such as the mandatory International Safety Management (ISM) mechanism and Port State Control (PSC) inspections are introduced to effectively reduce the occurrence of accidents. Thus, this article intends to elaborate the origin, evolution and development of PSC and ISM in a systematic manner, which includes the development of these two relevant regulated measures, and the role the human factors contributed in an accident, and why the IMO has perceived HOFs as an important issue in regard to maritime safety. In addition, according to authors' understanding and industrial experience, practical suggestions to implement ISM and comply with PSC regulations are proposed. From the perspective of the competent authorities enforcing domestic regulations, and the shipping company’s fleet management viewpoints, constructive advices are proposed. It is hoping that the impacts of human factors contribute to the maritime casualty can be effectively reduce through the synergy of deploying ISM, PSC, and STCW regulations. Hence, the goals, including preventing marine casualties, ensuring the safety of human life, and environmental protection set by the IMO can be ultimately achieved.