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July 25, 2024
Maersk Line Limited, operator of the largest U.S. flag commercial fleet, has settled with the U.S. Department of Labor, agreeing to change its safety reporting policies and compensate a seaman terminated for reporting safety concerns to the U.S. Coast Guard.
The settlement follows a whistleblower investigation by the department’s Occupational Safety and Health Administration (OSHA), which found Maersk’s policy violated federal law.
The settlement follows a three-day hearing in June, where Maersk challenged OSHA’s findings that the company had violated the seaman’s rights under the federal Seaman’s Protection Act by retaliating against them. OSHA found Maersk’s policy, which required employees to inform the company before contacting regulatory agencies, to be illegal.
The investigation began after the seaman reported safety concerns aboard the Safmarine Mafadi, a 50,000-ton, 958-foot container ship, to the U.S. Coast Guard in December 2020. The concerns included lifeboat equipment needing repair and replacement, crew members possibly consuming alcohol, improper supervision of cadet seamen, and a bilge system not preventing cargo holds from flooding.
“The Department of Labor will enforce workers’ protected rights as whistleblowers under federal law,” said Solicitor of Labor Seema Nanda. “No employer may violate whistleblower regulations or create policies that require employees to notify their employer before they report...
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