Maersk Line Limited was found by OSHA to have illegally fired a whistleblower, and was ordered to reinstate the seaman and pay $457,759 in back wages, interest, compensatory damages, and $250,000 in punitive damages.
Particularly, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) determined that Maersk Line’s termination of the seaman violated the federal Seaman’s Protection Act. Seaman may report concerns directly to the USCG and are not required to follow any company policy that requires employees to report first to the company.
The law protects the rights of seamen aboard a U.S.-registered vessel, or any vessel owned by a U.S. citizen to report safety concerns or violations of maritime laws and to cooperate with federal officials at any time.
The company must also revise its policy to not prohibit seamen from contacting the USCG or other federal, state or local regulatory agencies before first notifying the company.
Investigators learned the seaman reported a variety of safety concerns about the vessel Safmarine Mafadi — a 50,000-ton, 958-foot container ship — to the U.S. Coast Guard in December 2020. The safety concerns included the following:
- Gear used to release lifeboats did not work properly and needed repair and replacement.
- On several occasions, a ship’s trainee was alone and unsupervised while on ship’s watch, including during one incident when a fuel and oil spill occurred that took the crew two days to clean, and could have created an environmental spill.
- Crew members possessing and possibly consuming alcohol onboard.
- Two leaks in the starboard tunnel, found during an inspection, and the bilge system caused flooding in cargo holds and needed need of repair.
- Rusted, corroded and broken deck sockets needed repair and replacement.
Maersk responded by suspending the seaman in December 2020 and then terminating them in March 2021, for making the complaint without notifying the company 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", said Rear Admiral and Assistant Commandant for Prevention Policy for the U.S. Coast Guard Wayne Arguin.
"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. Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences", said OSHA Regional Administrator Eric S. Harbin in Dallas.
Source: Safety4sea
