An Overview of the Maritime Ports and Waterways Safety Program
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The federal Ports and Waterways Safety Program establishes rules for safe operation of vessels. Violations may result in injury or death of a maritime worker.
The Ports and Waterways Safety Program also known as 33 USC Chapter 25 is a federal directive that outlines protocol for vessel traffic and operations in U.S. navigable waterways. Maritime and offshore companies are required to adhere to state and federal regulations developed under this program. Failure to do so may be grounds for an injury claim or lawsuit if it results in serious or fatal injury to an offshore employee. An injured maritime worker may be able to collect compensation to cover medical bills and lost wages in such a legal action.
How the Ports and Waterways Safety Program Prevents Injury
The program outlines maritime safety in American ports and U.S. navigable waterways by establishing protocols on safe navigation. These rules exist not only to protect people from injury, but also to preserve and protect the integrity of the marine environment, ports and property. These rules serve to:
provide safe traffic routes for navigable vessels;
designate permissible times of entry, movement and departure; and
place limits on the size and speed of vessels as well as draft limitations and operating conditions.
The rules outlined above give specified local, state and federal agencies the power to enact safety protocols based on:
the likelihood of hazard or risk and the degree of potential injury;
the characteristics of each type of navigable vessel and cargo;
the layout of ports and maritime waterways, including specificity of region, climate and other factors;
the potential for concurrent activities that may conflict with vessel traffic, including oil drilling, commercial or recreational fishing, and other endeavors;
environmental/ecological concerns;
the economic impact of vessel traffic and regulations; and
any existing traffic patterns, services and agreements.
Some of the other issues addressed in the Ports and Waterways Safety Program include the governments right to establish minimum safety requirements for equipment and cargo in order to protect workers in the event of fire, explosion or natural disaster.
The rules also give authorities the right to establish procedures for the safe handling (loading, unloading, storing, transporting) of any equipment or materials that pose a risk for fire or explosion. Examples include natural gas, oil and other potentially hazardous materials that a maritime worker may encounter on a regular basis.
Violating the Rules of the Ports and Waterways Safety Program
Ship captains, crew, vessel owners and maritime companies are legally obligated to adhere to state and federal laws established under the Ports and Waterways Safety Program. Those who fail to do so face civil and criminal penalties in addition to opening themselves up to liability in the case of injury, death or property damage on maritime waterways.
ABOUT THE AUTHOR: The Young Firm
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.
How the Ports and Waterways Safety Program Prevents Injury
The program outlines maritime safety in American ports and U.S. navigable waterways by establishing protocols on safe navigation. These rules exist not only to protect people from injury, but also to preserve and protect the integrity of the marine environment, ports and property. These rules serve to:
provide safe traffic routes for navigable vessels;
designate permissible times of entry, movement and departure; and
place limits on the size and speed of vessels as well as draft limitations and operating conditions.
The rules outlined above give specified local, state and federal agencies the power to enact safety protocols based on:
the likelihood of hazard or risk and the degree of potential injury;
the characteristics of each type of navigable vessel and cargo;
the layout of ports and maritime waterways, including specificity of region, climate and other factors;
the potential for concurrent activities that may conflict with vessel traffic, including oil drilling, commercial or recreational fishing, and other endeavors;
environmental/ecological concerns;
the economic impact of vessel traffic and regulations; and
any existing traffic patterns, services and agreements.
Some of the other issues addressed in the Ports and Waterways Safety Program include the governments right to establish minimum safety requirements for equipment and cargo in order to protect workers in the event of fire, explosion or natural disaster.
The rules also give authorities the right to establish procedures for the safe handling (loading, unloading, storing, transporting) of any equipment or materials that pose a risk for fire or explosion. Examples include natural gas, oil and other potentially hazardous materials that a maritime worker may encounter on a regular basis.
Violating the Rules of the Ports and Waterways Safety Program
Ship captains, crew, vessel owners and maritime companies are legally obligated to adhere to state and federal laws established under the Ports and Waterways Safety Program. Those who fail to do so face civil and criminal penalties in addition to opening themselves up to liability in the case of injury, death or property damage on maritime waterways.
ABOUT THE AUTHOR: The Young Firm
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.
