Define a Non-conformity (NC) and a Major Non-conformity (MNC) with examples according to the ISM Code, and explain the steps to be taken by the vessel's management when an MNC is identified.

Definition:

• A Non-conformity is any observed situation where objective evidence indicates that a specified requirement of the Safety Management System (SMS) or the ISM Code is not been fulfilled. It is a deviation/observation which, if left uncorrected and/or repeated, could affect the safety of the ship, personnel, or the environment. Examples: a life raft annual service is overdue; a fire extinguisher not serviced; a planned maintenance record not kept for the steering gear; a crew member not familiar with the emergency rules; a safety drill not conducted as scheduled.
• A Major Non-conformity (MNC) is an identifiable deviation that poses a serious threat to the safety of personnel or the ship or a serious risk to the environment and requires immediate corrective action; or a non-conformity that is not corrected; or (importantly) a clear and objective evidence showing a lack of effective and systematic implementation of the ISM Code/SMS - i.e. non-compliance that indicates the SMS is not working. Examples: the DOC or SMC being invalid/withdrawn (major certificate non-conformity); failure to implement critical safety/pollution procedures (e.g. no effective SOPEP training/response, engine room unsafe, cargo securing not verified); repeated serious incidents; lack of a functioning emergency procedure; falsified records; or the flag/RO finding that the mandatory functional requirements are not being met.

Steps the vessel's management should take when an MNC is identified:

1. Acknowledge and document the MNC (register it in the non-conformity report/log with details/evidence).
2. Take immediate corrective action to remove the serious threat (e.g. stop unsafe operations, isolate the hazard, establish it is safe) - this is the urgent priority.
3. Report the MNC to the company/DPA and, where required by the flag/RO (e.g. when an MNC is confirmed at SMC audit, the certificate may be withdrawn), inform the proper authorities and the external auditor.
4. Investigate the root cause/contributory factors of the MNC.
5. Implement corrective action to rectify the deficiency and preventive action to prevent recurrence; assign responsibilities and deadlines.
6. Verify the effectiveness of the corrective/preventive action by follow-up checks and re-audit.
7. Update the SMS if the non-conformity revealed a procedural weakness; communicate lessons to all ship staff.
8. Record everything (non-conformity report, corrective action, investigation) for the internal/external audit and continuously improve the SMS.