The Occupational Safety and Health Administration has published a final rule at that establishes procedures and time frames for handling retaliation complaints under the Seaman’s Protection Act (SPA). The Act protects seamen from retaliation for engaging in certain protected activity, such as providing information to the government about violations of maritime safety laws or regulations.
The final rule also establishes procedures and time frames for hearings before Department of Labor administrative law judges; review of those decisions by the Department of Labor Administrative Review Board: and judicial review of final decisions.
The rule also provides important interpretations of SPA. For example, it defines “seaman” as any person employed in any capacity on board a U.S.-flag vessel or any other vessel owned by a United States citizen. The final rule provides a more comprehensive definition of “citizen of the United States” than the interim final rule did, including, among other entities, corporations incorporated in the United Sates.
“Seamen should be free to exercise their rights under the law without fear of termination or other retaliation by their employers,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
“This final rule makes good on the promise to stand by those workers who have the courage to come forward when they believe their employers are violating maritime safety laws.”
OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes. These provisions protect employees from retaliation for reporting violations of various laws by their employers and for engaging in related activities. Additional information is available on OSHA’s Whistleblower Protection Programs webpage.
Seaman’s Protection Act
§2114. Protection of seaman against discrimination
(1) A person may not discharge or in any manner discriminate against a seaman because–
(A) the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred;
(B) the seaman has refused to perform duties ordered by the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public;
(C) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;
(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman;
(E) the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;
(F) the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or
(G) the seaman accurately reported hours of duty under this part.
(2) The circumstances causing a seaman’s apprehension of serious injury under paragraph (1)(B) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the seaman’s employer.
(3) To qualify for protection against the seaman’s employer under paragraph
(1)(B), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.
A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsection (b) of section 31105 of title 49. Such complaint shall be subject to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for review under subsection (c) of that section, and the requirement to bring a civil action under subsection (d) of that section.
Source: OSHA
