A federal whistleblower investigation has decided that the Maersk Group’s U.S.-flag operation, Maersk Line Limited, suspended and terminated a seaman illegally after he had reported quite a few security considerations about an organization vessel to the U.S. Coast Guard.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) decided Maersk Line’s termination of the seaman violated the federal Seaman’s Protection Act. the act supplies that seafarers might report considerations on to the USCG and are usually not required to observe any firm coverage that requires workers to report first to the corporate. The regulation protects the rights of seafarers aboard a U.S.-registered vessel, or any vessel owned by a U.S. citizen to report security considerations or violations of maritime legal guidelines and to cooperate with federal officers at any time.
OSHA ordered that Maersk Line reinstate the seaman and pay $457,759 in again wages, curiosity, compensatory damages and $250,000 in punitive damages. The firm should additionally revise its coverage to not prohibit seamen from contacting the USCG or different federal, state or native regulatory companies earlier than first notifying the corporate.
“Federal law protects a seaman’s right to report safety concerns to federal regulatory agencies, a fact every maritime industry employer and vessel owner must know,” stated OSHA Regional Administrator Eric S. Harbin in Dallas. “Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences. The order underscores our commitment to enforcing whistleblower rights that protect seamen.”
Investigators discovered the seaman reported quite a lot of security considerations about containership Safmarine Mafadi to the U.S. Coast Guard in December 2020. The security considerations included the next:
- Gear used to launch lifeboats didn’t work correctly and wanted restore and substitute.
- On a number of events, a ship’s trainee was alone and unsupervised whereas on ship’s watch, together with throughout one incident when a gasoline and oil spill occurred that took the crew two days to wash, and will have created an environmental spill.
- Crew members possessing and presumably consuming alcohol onboard.
- Two leaks within the starboard tunnel, discovered throughout an inspection, and the bilge system brought about flooding in cargo holds and wanted want of restore.
- Rusted, corroded and damaged deck sockets wanted restore and substitute.
OSHA says that Maersk responded by suspending the seaman in December 2020 after which terminating him in March 2021, for making the grievance with out notifying the corporate first.
“The U.S. Coast Guard is committed to partnering with OSHA in protecting whistleblowers and to vigorously enforce the Seaman’s Protection Act. We encourage everyone within the maritime domain to support and abide by these protections,” stated USCG Assistant Commandant for Prevention Policy Rear Admiral Wayne Arguin. “An open and transparent safety culture within the maritime industry is vital to protecting the lives of mariners and the public. Together, we can make the maritime workplace safe for everyone.”
Read OSHA’s findings within the whistleblower investigation HERE
