A federal whistleblower investigation has determined that Maersk Line Limited suspended and terminated a seaman illegally after the seaman reported numerous safety concerns about a company vessel to the US Coast Guard.
The US Department of Labor’s Occupational Safety and Health Administration (OSHA) determined 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, according to the US law, which protects the rights of seamen aboard a US-registered vessel, or any vessel owned by a US citizen to report safety concerns or violations of maritime laws and to cooperate with federal officials at any time.
OSHA ordered Maersk Line Limited to reinstate the seaman and pay US$457,759 in back wages, interest, compensatory damages and US$250,000 in punitive damages.
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.
“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,” said OSHA Regional Administrator Eric S. Harbin in Dallas.
He added, “Failure to recognise 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.”
“The US 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,” commented Rear Admiral and Assistant Commandant for Prevention Policy for the US Coast Guard Wayne Arguin.
Headquartered in Norfolk, Virginia, Maersk Line Limited operates the largest US flag fleet in commercial service and employs approximately 700 US mariners. The company is the largest subsidiary of A.P. Moeller-Maersk.
