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Operational guide · SMS process

Managing a Non-Conformity (NC)

How a non-conformity is opened, classified and formally closed within the Safety Management System — the heart of the ISM Code's continuous improvement cycle.

ISM CodeNon-ConformitySMSaudit

Operational Explanation

The ISM Code defines a non-conformity, at paragraph 1.1.9, as «an observed situation where objective evidence indicates the non-fulfilment of a specified requirement». The decisive element is objective evidence: it is what separates a finding from an opinion, what makes an NC defensible or contestable on appeal, and what an auditor must be able to point to. A situation raised without it is not a non-conformity.

The Code defines NC (§1.1.9) and major NC (§1.1.10), not a separate definition of ‘minor NC’. As amended by MSC.273(85), a major includes an identifiable deviation posing a serious threat to personnel/ship or serious environmental risk requiring immediate corrective action, or lack of effective and systematic implementation of a Code requirement. Both conditions need not coexist. Severity assessment and enforcement decisions remain distinct.

NC management is the mechanism through which the ISM Code translates the principle of continuous improvement into daily practice: without an NC → root cause analysis → action → effectiveness verification cycle, the SMS remains a document rather than becoming a living system.

Regulatory Reference

ISM Code, Section 9 (Reports and Analysis of non-conformities, Accidents and Hazardous Occurrences): the Company must establish procedures for identifying, reporting and analysing non-conformities, as well as for taking corrective action.

Definitions and amended text: MSC.104(73) · MSC.273(85) · IMO ISM.

Section 9.2 requires procedures for implementing corrective action, including measures to prevent recurrence. “CAPA” here describes the Company’s process: the Code does not prescribe this acronym or one particular form or analysis method.

Scope of Application

NCs may arise from audits, crew reports, incidents, Near Misses and inspection findings. A single event can also demonstrate non-fulfilment of a requirement.

PSC records deficiencies and action codes; it does not conduct an ISM certification audit. Its evidence can nevertheless trigger an internal NC and SMS analysis immediately, without waiting for an RO audit. PSC rectification and work on the cause proceed in parallel: opening an NC does not replace the required action.

Procedure / How to Complete It

  1. Control the hazard immediately: stop or restrict the activity where necessary and adopt safe measures with applicable approvals.
  2. Record facts, requirement and objective evidence; assess severity and required notifications.
  3. Analyse causes and contributing factors; missing records alone do not establish the cause.
  4. Define actions, owner, deadlines and verification criteria; implement them and retain evidence.
  5. Verify effectiveness using proportionate evidence and timing. If insufficient, keep the NC open and revise the action.
  6. Record justified closure and review recurrences; comply with agreed conditions and deadlines for external NCs.

Diagram: from Non-Conformity to CAPA closure

NC and immediatesafety measures Root causeanalysis CAPA plannedand implemented Effectivenessverification NCclosed If the effectiveness verification fails, the NC remains open and the action is re-planned.

Practical Example

Learning example: three winch checks are not recorded. First establish whether maintenance was missed and whether the equipment is safe to use; a missing signature alone proves neither a fault nor that the check took place. The investigation documents causes and measures, including technical rectification where needed. Verification covers actual maintenance and records, not just three completed boxes.

What Typically Goes Wrong

Correcting a defect without addressing its causes can leave the SMS ineffective. Assess recurrence, implementation of actions and shipboard evidence. An internal NC does not by itself determine detention: the PSCO assesses the conditions found under applicable PSC procedures.

Common Mistakes Mistake Library

MistakeConsequenceHow to avoid it
NC closed without verifying the effectiveness of the actionThe root cause remains and the NC recurs (repeat NC)Set the effectiveness-verification date when the action is recorded as implemented, and keep the NC open — or in a declared “pending effectiveness verification” state — until that verification. If the SMS uses provisional closure, it must be named as such and distinguished from final closure
Analysis limited to the symptom, not the root causeCorrective action ineffective over timeUse structured techniques (5 Whys, Ishikawa) for major NCs
Recurring 'minor' NCs on the same topic never aggregatedA systemic pattern goes unnoticed until it becomes a major NC or a PSC deficiencyPeriodically review the NC register to identify recurring topics

What the PSCO Checks

A PSCO may compare shipboard deficiencies with relevant SMS reports and actions. Certification auditors verify the system within their mandate, including analysis, follow-up and closure of findings. Keep the two processes distinct and action evidence available; an up-to-date register alone does not prove effectiveness.

Operational Tips

Preparation checklist

Educational checklist. This summary supports learning and preparation only. It does not replace the vessel’s approved procedures, manuals, statutory documents, company SMS, or applicable official requirements. Completing it demonstrates neither compliance nor readiness for an inspection: it shows that a list has been read, not that the ship is in order. Always verify the current documents carried on board.

FAQ

What is the difference between an NC and a major NC?
An NC is objective evidence of an unmet requirement. A major follows amended §1.1.10: a serious threat requiring immediate action, or lack of effective and systematic implementation. ‘Minor’ is a procedural category, not a separate Code definition.
Can a PSC deficiency trigger an internal NC?
Yes, where its evidence shows an unmet requirement. An RO audit need not come first; the PSC action must still be carried out.
Does a major automatically mean detention?
No. It requires urgent treatment and may affect certificates; detention is a separate PSC decision based on conditions and applicable procedures.

Related Topics

Last substantive revision of this page: 15 September 2026 · page fingerprint 38eab73c4d67