OSHA Regulations for Maritime Professions
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OSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.
OSHA regulations for maritime professions cover shipyard employment, marine terminals and longshoring. Regulations exist pertaining to equipment, working surfaces, hanging cargo, and more. Inspections may be conducted to ensure compliance. The U.S. Coast Guard, meanwhile, enforces standards and regulations that affect the safety and health of workers aboard vessels inspected by the Coast Guard.
OSHA Regulations Pertaining to the Maritime Industry
OSHA regulations for maritime professions are outlined according to the specific area or career so that they apply correctly.
For instance, as far as longshoring is concerned, OSHA has regulations regarding:
• certification of gear used for cargo handling;
• certification of the gangways;
• certification of working surfaces;
• the opening and closing of hatches;
• access to running water;
• access to drinking water;
• access to soap; and
• access to towels.
Regulations pertaining to shipyard employment involve ventilation and protection of workers while welding, cutting or heating materials; safety of working surfaces, ladders, access to the vessel and cargo spaces; as well as general working conditions similar to those mentioned above.
Marine terminal regulations also deal with cargo deal, personal protection equipment used by the workers, standards regarding the facilities themselves pertaining to elevators, exits, platforms, manlifts, ladders, and more.
There is some overlap regarding the regulations pertaining to each of the marine professions, as the rules and regulations are intended to keep workers safe and healthy in an environment in which heavy machinery is used and other hazards may regularly present themselves. Generally, employers must provide proper safety equipment and ensure workers are provided a safe environment.
Enforcement of Maritime Safety Rules
One of the ways the industry is regulated is through inspections. Generally this occurs when there have been complaints filed regarding dangerous conditions or someone has been killed. Additionally, if multiple workers are seriously injured, OSHA could investigate.
The U.S. Coast Guard, meanwhile, may be responsible for enforcing rules pertaining to worker safety on certain vessels. This pertains to vessels that may be inspected by the Coast Guard such as certain commercial vessels, such as cruise ships that carry passengers.
Uninspected vessels such as fishing vessels and towing vessels may be subject to enforcement by OSHA.
Recovery if Injured Because of Safety Violation
When maritime workers are injured, they are covered by laws that may allow for the recovery of damages. The Jones Act and the Longshore and Harbor Workers' Compensation Act provide options for injured workers to recover damages from an employer.
Medical expense and lost wages are among the damages that may be recoverable in a claim under these acts. Under the Jones Act, a lawsuit may be filed against an employer whose negligence causes the worker's injuries. This may allow further recovery of damages the worker suffers as a result of the accident.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
OSHA Regulations Pertaining to the Maritime Industry
OSHA regulations for maritime professions are outlined according to the specific area or career so that they apply correctly.
For instance, as far as longshoring is concerned, OSHA has regulations regarding:
• certification of gear used for cargo handling;
• certification of the gangways;
• certification of working surfaces;
• the opening and closing of hatches;
• access to running water;
• access to drinking water;
• access to soap; and
• access to towels.
Regulations pertaining to shipyard employment involve ventilation and protection of workers while welding, cutting or heating materials; safety of working surfaces, ladders, access to the vessel and cargo spaces; as well as general working conditions similar to those mentioned above.
Marine terminal regulations also deal with cargo deal, personal protection equipment used by the workers, standards regarding the facilities themselves pertaining to elevators, exits, platforms, manlifts, ladders, and more.
There is some overlap regarding the regulations pertaining to each of the marine professions, as the rules and regulations are intended to keep workers safe and healthy in an environment in which heavy machinery is used and other hazards may regularly present themselves. Generally, employers must provide proper safety equipment and ensure workers are provided a safe environment.
Enforcement of Maritime Safety Rules
One of the ways the industry is regulated is through inspections. Generally this occurs when there have been complaints filed regarding dangerous conditions or someone has been killed. Additionally, if multiple workers are seriously injured, OSHA could investigate.
The U.S. Coast Guard, meanwhile, may be responsible for enforcing rules pertaining to worker safety on certain vessels. This pertains to vessels that may be inspected by the Coast Guard such as certain commercial vessels, such as cruise ships that carry passengers.
Uninspected vessels such as fishing vessels and towing vessels may be subject to enforcement by OSHA.
Recovery if Injured Because of Safety Violation
When maritime workers are injured, they are covered by laws that may allow for the recovery of damages. The Jones Act and the Longshore and Harbor Workers' Compensation Act provide options for injured workers to recover damages from an employer.
Medical expense and lost wages are among the damages that may be recoverable in a claim under these acts. Under the Jones Act, a lawsuit may be filed against an employer whose negligence causes the worker's injuries. This may allow further recovery of damages the worker suffers as a result of the accident.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
