OSHA Determines Maersk Line Limited Violated Seaman’s Protection Act

OSHA Determines Maersk Line Limited Violated Seaman’s Protection Act

The Virginia-based company retaliated against a seaman who reported safety concerns.

  • By Robert Yaniz Jr.
  • Jul 24, 2023

The U.S. Department of Labor (DOL) has found one of the world’s largest marine cargo services companies in violation of the Seaman’s Protection Act.

In a release dated July 20, OSHA revealed findings of a whistleblower investigation, which determined Maersk Line Limited had retaliated against an employee. The worker had reported several safety concerns regarding one of the company’s vessels to the U.S. Coast Guard (USCG). These included improperly working lifeboat gear, leaks, flooding and rusted and broken deck sockets. He was suspended in December 2020 shortly thereafter and terminated in March 2021.

Maersk Line claims the employee was terminated because he failed to notify the company prior to reporting the safety concerns to authorities. However, this action is protected at any time under the Seaman’s Protection Act. The law states “a person may not discharge or in any manner discriminate” against employees who report potential violations of maritime safety law or other regulations “to the Coast Guard or other appropriate Federal agency or department.”

Following its investigation, OSHA directed Maersk Line to reinstate the employee and pay $457,759 in back wages, interest, compensatory damages and $250,000 in punitive damages. The company must also amend its policy to specifically allow seamen to contact the USCG or other relevant authorities prior to informing the company itself of potential violations.

“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,” OSHA Regional Administrator Eric S. Harbin in Dallas said in a statement. “Failure to recognize 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.”

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

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