Jones Act Legal Guide
One of the most important issues recognized under the Jones Act is the
safety of the seaman that it looks to protect. A number of regulations
and rules have been created over the years in order to standardize the
responsibilities of vessel owners in providing a safe and secure work
environment. Unfortunately, these laws and regulations have generally
come about due to serious injuries or deaths at sea caused by
negligence or unsafe work environments. Under the Jones Act, companies
must provide their employees with a safe place to work, proper
training, supervision of activities, and providing the appropriate
number of employees to safely perform the job. Providing “on the job
training” usually is not sufficient towards creating a safe work
environment. Proper training, documentation, and supervision can be
critical in guaranteeing the most effective safety standards.
Jones Act - An Overview and "How To" of the Claim's Process
When someone is injured aboard a vessel, the first question that needs to be answered is whether any laws or regulations were violated. There are basically two federal agencies that have jurisdiction in these violations, and both have been heavily responsible in the movement towards maritime safety. The first is OSHA (Occupational Safety and Health Administration). OSHA was created by Congress under the Occupational Safety and Health Act, signed into effect in 1970. OSHA’s mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing standards for workplace safety and health. OSHA covers all private sector workplaces, and permits states to develop regulations for their public environments. However, OSHA is limited to regulating within jurisdictions extending 3 miles from any coastline, and does not apply to apply to working conditions regulated by any other federal agency.
The second of these agencies responsible for regulating Maritime Law is the U.S. Coast Guard. The Coast Guard has been an extremely influential body in the movement towards a more safe maritime work environment. Coast Guard rules apply to domestic vessels under the Jones Act, and many times they are the investigative unit when injuries do occur. Coast Guard rules and regulations are vital to ensuring that vessels are properly equipped, supervised, and supply a safe work environment. Voluntary exams are offered by the Coast Guard’s at sea law enforcement program, where they check critical safety items and issue citations for deficiencies.
Even though there has been much development in the safety regulations aboard maritime vessels thanks to these two federal bodies, injuries and deaths still occur. There are simply too many vessels at sea, and too few resources available to inspect and enforce these regulations. The onus of safety then falls in the hands of the company or ship owner that employs maritime workers.
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Timothy Young is a founder of The Young Firm, a personal injury attorney specializing in Jones Act Law and Maritime Law. They are located in New Orleans, LA.