Marine link
 

Jones Act Seaman

Diver Down!!! An Exception to the General Test for Seaman Status?

By James P. Nader & Joseph A. Poblick Once again we take that familiar voyage know as "determining seaman status." No matter how familiar the voyage there are always changes in the currents which guide your path. Seaman status is important because only a seaman may receive maintenance and cure, and pursue a claim for Jones Act negligence or unseaworthiness. The basic requirements for seaman status are well established in maritime law. In order to qualify as a seaman under the Jones Act, a person's employment duties must contribute to the mission of the vessel and be connected to an identifiable group of vessels in navigation. The United States Supreme Court has held that seaman status should be determined by the specific facts of each case. The totality of the circumstances surrounding the employee's employment must be considered in determining whether his duties had sufficient relation to the mission of the vessel and exposure to the perils of the sea. Additionally, it is typically the jury who has the responsibility to determine seaman status, and only in rare circumstances is that responsibility left up to the judge. Because juries typically decide the question of seaman status, who qualifies, it is often difficult to predict. The "diver's exception" is an example of the expansion of workers that qualify for Jones Act status


Ship Owner May Sue Injured Seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner may assert a negligence and indemnity claim against its seaman-employee for property damage allegedly caused by the seaman’s negligence. In the instant case, plaintiff mate was injured when his ship collided with another ship. Plaintiff was on watch and in command of the ship at the time and allegedly left the wheelhouse in congested waters to attend to personal business


Moored Cleaning Barge is Vessel for Purposes of Jones Act

Over a vigorous dissent, the U.S. Court of Appeals for the Eighth Circuit ruled that a moored cleaning barge is a vessel for purposes of the Jones Act. In the instant case, plaintiff barge cleaner was injured while being ferried from shore to his work site on a moored cleaning barge. The barge was secured in position in the Missouri River by spud poles embedded in the river bottom. The barge was relocated on occasion by being towed


Ruling on Permanently Moored Dockside Casino

The U.S. Court of Appeals for the Seventh Circuit ruled that, for purposes of the Jones Act, a permanently moored dockside casino is not a vessel in navigation and its employees are not seamen entitled to protection under the Act. In the instant case, the casino vessel was documented and inspected by the U.S. Coast Guard, but only got underway once each year for engine and maneuvering tests. The court held that the vessel was not engaged in the transportation of passengers or cargo and was


Settling With An Unrepresented Seaman Making The Settlement Stick

Unfortunately, personal injury claims brought by seamen against vessel owners are part of everyday life in running a boat company.  As such, vessel owners have become very sophisticated in the management of these claims.  As the cost of litigating these matters is very high, often, the claim's handler will attempt to settle a seaman's personal injury claim prior to his retention of counsel and filing suit.  In most cases, this is a win-win for both the employee and the company


U.S. Navy Opposes Repeal of Jones Act

The news that the U.S. Navy and the U.S. Navy League support the Jones Act and oppose its repeal was applauded by Maritime Cabotage Task Force (MCTF), the national coalition representing the U.S.-flag fleet engaged in domestic waterborne commerce. Both organizations dedicated to the defense of the United States have reaffirmed their support for the law, which is directly responsible for half a million U.S. jobs and vital to national security. 


OMSA - Jones Act Compliance Manager

The national trade association that is the voice for the U.S. flag workboat industry has taken the unusual step of hiring an experienced investigator to collect evidence on foreign vessels that violate the U.S. law known as the Jones Act. The Offshore Marine Service Association (OMSA) has created a new position – Manager of Jones Act Compliance – to ensure compliance with the laws requiring that vessels involved in domestic transportation be owned by Americans


Obama Supports the Jones Act

A campaign pledge of support for the Jones Act has earned President Barack Obama the cover spot on the 2008 Annual Report of the Maritime Cabotage Task Force, a Washington, D.C.-based coalition promoting the domestic U.S.- Flag fleet. In August 2008, then candidate Obama declared “America needs a strong and vibrant U.S.-flag Merchant Marine … That is why you … can continue to count on me to support the Jones Act….”


Grill Retires, Maritime Cabotage Task Force

Grill_web.jpg

The Maritime Cabotage Task Force (MCTF) is thanking its retiring Chairman, Philip M. Grill, for his 14 years of leadership of the labor/management coalition that promotes the Jones Act and other U.S. maritime cabotage laws in Washington. Grill, who is retiring as Vice President – Government Relations for Matson Navigation Company, Inc., on July 31, has chaired MCTF since its founding in September 1995. Under his leadership


Nat’l Commission Says: Jones Act No Hinderance to Spill Clean Up

The January 11, 2011 report from the non-partisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling confirmed the Jones Act did not prevent foreign vessels from assisting with the clean-up effort during the Deep Water Horizon oil spill in the Gulf of Mexico last year.  “Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling” was prepared by the independent entity at the request of President Barack Obama.  


IMCA Supports CBP's Jones Act Decision

Allen Leatt (Photo: IMCA)

The International Marine Contractors Association (IMCA) welcomed withdrawal of the Customs and Border Protection (CBP) notice to revoke and modify rulings relating to offshore vessels under the Jones Act.   Allen Leatt, Chief Executive of IMCA, explained


APT’s Palmetto State Passes Sea Trials

Photo: NASSCO

The Palmetto State, the eighth and final tanker to be constructed at General Dynamics NASSCO as part of a dual-customer program, has recently returned from its first run at sea. The Palmetto State and her sister ships are the most fuel-efficient tankers to service the Jones Act trade


Keppel Posts Lower Q2 Profit, Warns on Rig Outlook

Q2 profit S$161 million versus S$205 million year ago; O&M division net order book at S$3.4 billion.   Singaporean conglomerate Keppel Corp posted a 21 percent drop in its quarterly profit and warned it did not expect a speedy recovery in the offshore and marine market.  


US-built Liquefied Gas Barge Delivered

Photo: Vigor

Harvest, an ABS-classed articulated tug barge (ATB) purpose-built to transport liquefied anhydrous ammonia, has been delivered to a subsidiary of Savage Companies by U.S. shipbuilder Vigor.    Harvest is the first complex liquefied ammonia transport barge built in the U.S. since 1982.


IMCA Reiterates CBP Proposal Opinion

Allen Leatt, CEO International Marine Contractors Association (IMCA)

IMCA stands behind its opinion that CBP implementation of its proposal will severely damage business in the US Gulf of Mexico.   Quote from Allen Leatt, CEO, The International Marine Contractors Association (IMCA) in response to report at marinelink


Warship Open Day in Cairns

HMAS Parramatta fires its 5 inch gun onto Lancelin Range as part of a naval gunfire support serial during Exercise Ocean Explorer 17. Photo: Royal Australian Navy

 The people of Cairns will have a rare opportunity to tour HMAS Parramatta comes alongside Trinity Wharf and opens its gangway to the public on Monday, 17 April, says a press release of Royal Australian Navy.   One of the sailors who will be on board to show people around is former


Australian Naval Apprentices Excel

NUSHIP Hobart conducts sea trials in the Gulf St Vincent off the coast of Adelaide South Australia. Photo: Royal Australian Navy

 Royal Australian Navy apprentices have been working directly with industry in Adelaide, building on their initial trade training, and at the same time becoming part the next phase of naval warfare from the ground up.   The Air Warfare Destroyer Alliance shipyard has provided a hand-on


Op/Ed: CBP’S Lawful Jones Act Revocation

© currahee_shutter / Adobe Stock

In 2009, the U.S. offshore marine sector received a long over-due indication that the U.S. Customs and Border Patrol (CBP) was preparing to close loopholes and enforce U.S. law in accordance with the Jones Act. This happened when the agency unhesitatingly issued its first revocation of more than


East Coast Refiners Mull Texas Oil as North Dakota Alternative

Crude Oil moving via rail in the U.S. heartland (CREDIT: Dagmar Etkin)

U.S. East Coast refiners are looking to buy increasing volumes of domestic crude oil from the Gulf Coast, two sources said, the latest twist in a trade flow upheaval in the wake of the opening of the Dakota Access pipeline.   Major U.S


Jones Act MPSV Harvey Sub-Sea Delivered

Harvey Sub-Sea (Photo: Harvey Gulf International Marine)

Harvey Gulf International Marine has announced the delivery of the first of two, large capacity multipurpose support vessels (MPSV) scheduled for 2017 deliveries, enhancing the domestic Jones Act Fleet. This first vessel, the M/V Harvey Sub-Sea


Alaskan Jones Act Tanker to Retire

Alaskan Frontier (Photo: Alaska Tanker Company)

Jones Act tanker used to transport oil from Alaska's North Slope to retire: operator   The Alaskan Frontier, a Suezmax tanker typically used to transport Alaskan North Slope crude to West Coast refineries, is scheduled to retire, according to vessel operator Alaska Tanker Company.  


Gulf of Mexico is Ground Zero for the Jones Act

(Photo: OMSA)

A vastly modernized U.S. offshore support fleet awaits the opportunity to perform Jones Act work in the U.S. Gulf of Mexico. Foreign operators, already here, predict disaster if a cabotage rule change takes effect.   A change proposed by the US Customs and Border Protection (CBP) in its


Mariners, Shipbuilders Call on President to Put U.S. National & Economic Security First

Aaron Smith: President & CEO, OMSA

Profoundly damaging announcement by U.S. Customs and Border Protection (CBP) puts foreign companies first and American companies and workers last.   The Offshore Marine Service Association (OMSA) today responded to an announcement by U.S


Pasha Hawaii Taps Keppel Fels to Build LNG-Fueled Boxships

A rendering of one of Pashas planned LNG fueled containerships. (CREDIT: Pasha)

Delivery of First Vessel Planned for Early 2020.   Honolulu-based Pasha Hawaii today announced that the company has selected Keppel AmFELS in Brownsville, TX, a subsidiary of Keppel Offshore & Marine (Keppel O&M) for the construction of two new Liquefied Natural Gas (LNG) fueled


UK Chamber Shipping Upbeat after US abandoning Jones Act Amendments

Photo: UK Chamber of Shipping

 US authorities have abandoned plans to tighten Jones Act coastal shipping rules – and it’s all thanks to the coordinated efforts of international government administrations, US energy firms and shipping bodies, in which the UK Chamber played its part.  






 
rss feeds | archive | privacy | history | articles | contributors | top news | contact us | about us | copyright