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:
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