Vessel safety is a major concern in the boating industry. Maritime workers, as well as their employers, need to be informed of safety rules under maritime law that must be followed while navigating a vessel on the open water.
The United States Coast Guard (USCG) may become involved if a vessel is in violation of safety regulations, though the Occupational Safety and Health Administration (OSHA) may also have authority in some cases.
So who’s responsible for enforcing safety regulations aboard a particular vessel, the Coast Guard or OSHA? The Coast Guard’s maritime law enforcement pertains to cases involving inspected vessels, whereas OSHA may become involved in cases involving uninspected vessels. An inspected vessel is simply one that is subject to inspection by the Coast Guard.
For example, passenger vessels carrying six or fewer passengers may not be subject to inspection, while those carrying more than six passengers may be subject to inspection.
Besides passenger vehicles with more than six people onboard, other inspected vessels may include:
OSHA, meanwhile, may apply to shipyard workers, longshore workers, and those working in a marine terminal.
Workers aboard inspected vessels may still contact OSHA, though the agency will refer the complaint to the Coast Guard. However, a Memorandum of Understanding between the OSHA and USCG establishes that while OSHA may not enforce the OSH Act on inspected vessels, it may handle cases of employer retaliation who exercise their rights as workers.
An employee may contact the closest Coast Guard facility to report a violation or suspected violation. For example, the employee may fill out a USCG Employee Hazard Report. This requires a description of the hazard, as well as in formation regarding the equipment or material in question that is posing the hazard. It even allows the employee to provide recommendations to correct the hazard.
The Coast Guard may then investigate the complaint and provide a report regarding whether evidence substantiates it. If so, a Notice of Violation may be sent to the employer informing it of the nature of the violation. The Coast Guard’s maritime law enforcement also involves instruction to correct the hazard. The Notice of Violation may also outline penalties due because of the hazard.
Of course, OSHA may be contacted if the case involves:
Further, workers on inspected vessels who wish to file a complaint regarding employer retaliation may contact OSHA.
Those injured on a commercial vessel or who suspect a possible safety violation should reach out to the USCG or OSHA and file a complaint. In either case, a consultation with a maritime attorney in New Orleans is a good idea. At the Young Firm, we will fight for the rights of our injured clients. Contact us today at 
866-703-2590 FREE to set up a consultation. Be sure to check out our free publications:Employee’s Guide to Maritime Injury Law and 6 Secrets Your Company May Not Tell You When You Get Injured Offshore.
