The U.S. Department of Labor has found that Maersk Line Limited (MLL), the US-flagged shipping arm of Danish conglomerate A.P. Moller-Maersk, violated whistleblower provisions of the Seaman’s Protection Act by suspending and later terminating a seamen who reported safety concerns to U.S. Coast Guard.
The Labor Department’s Occupational Safety and Health Administration (OSHA) has ordered MLL to reinstate the seaman and pay $457,759 in back wages, interest, compensatory damages, along with $250,000 in punitive damages.
The Seaman’s Protection Act allows seamen to report safety concerns or violations of maritime laws directly to the USCG and cooperate with federal officials at any time, regardless of company policy.
“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. “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.”
OSHA investigators learned the seaman reported safety concerns about MLL’s containership Safmarine Mafadi to the U.S. Coast Guard in December 2020, including issues with lifeboat gear, unsupervised trainees causing spills, leaks in the starboard tunnel causing flooding, and rusted and corroded deck sockets needing repair. The...
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