b' Cooperated with a safety investiga- gate the seamans claims. Coast GuardRemove any corporate requirementtion by the secretary or the NationalInspectors found some issues with thethat workers notify the company Transportation Safety Board ship but allowed the ship to sail.before contacting the Coast Guard Furnished information to the secre- ThewhistleblowerwasimmediatelyRefrain from retaliation against tary, the National Transportationsuspendedbytheshipscaptainandany seaman who contacts theSafety Board, or any other publicordered off the vessel. Three monthsCoast Guardofficial as to the facts relating to anylater,theseamanwasofficiallydis-marine casualty resulting in injurymissed for violating company policyProvide all supervisors with training or death to an individual or damagebyreportingsafetyviolationstotheon the revised policyto property occurring in connectionCoast Guard without first raising the with vessel transportation issues internally.Distribute OSHAs Seamans Protection Fact Sheet Filing Whis-Or accurately reported hours of dutytleblower Complaints under the OSHA can orderSeamans Protection Act (osha.gov) The law is administered by the Occu- to seamen aboard its U.S.-flagged pationalandSafetyAdministrationremedies for thevessels for the next two years(OSHA), a unit of the U.S. Depart- seaman, including ment of Labor. OSHA can investigateIn a statement, the U.S. Department a complaint alleging a violation of thereinstatementofLaborsaidthatitwillenforce SeamansProtectionAct.Ifitcon- of employmentworkersprotectedrightsaswhis-cludes that a violation has occurred,and payment oftleblowers under federal law. No em-OSHAcanorderremediesfortheployer may violate whistleblower reg-seaman,includingreinstatementofcompensatoryulations or create policies that require employmentandpaymentofbackdamages (includingemployeestonotifytheiremployer wages,paymentofcompensatorybefore they report concerns to federal damages (including attorney fees) andattorney fees) andregulatory agencies.punitive damages of up to $250,000.punitive damagesOSHAprovidesinformationaboutU.S.CoastGuardAssistantCom-whistleblowing complaints here.of up to $250,000.mandant for Prevention Policy Rear Admiral Wayne Arguin, added, This TherecentSeamansProtectionActcase is an important affirmation that casebetweenMaerskLine,LimitedMaersksaidinastatementthattheall mariners have the option to contact andtheU.S.DepartmentofLabor,marinerwasterminatedformulti- the U.S. Coast Guard directly for ad-originatedafterachiefmateaboardple reasons, including violation of itsdressing a safety concern.MaersksvesselSafmarineMafadireportingpolicy.However,OSHA reported safety violations aboard thefound that the employer had acted il- Although the Maersk case involved a ship to the Coast Guard. Accordinglegally under the Seamans Protectionhugeoceangoingship,theSeamans to the Department of Labor, the viola- Act by firing the mariner.ProtectionActcoversvesselworkers tions included lifeboat equipment inonallU.S.-flaggedvessels,including need of repair and replacement, crewMaerskappealedtherulingandpassengervesselsoperatedbyPVA membersonboardinpossessionofeventually reached a settlement withmembers. It is important to be familiar and possibly consuming alcohol, im- OSHA.Maerskneverdidadmittowith the laws provisions and to correct propersupervisionofcadetseamen,violations of the Seamans Protectionany policies, written or informal, that and a bilge system not preventing car- Act,butitdidreinstatethewhis- prohibit vessel workers from contact-go holds from flooding, tleblowerwithbackpayandpaiding the Coast Guard or other author-punitivedamagesinatotalamountities about alleged safety violations or TheCoastGuarddispatchedanin- over $700,000. Additionally, Maersksexualharassmentorsexualassault spection team the same day to investi- agreed to: without first notifying the employer.31 AUGUST 2024'