Legal Rights of Maritime Workers
In terms of hazards and difficult work environments, being below decks doesn't
necessarily mean a nicer work station than being exposed to the sea. Think of that
marine engineer in the confines of a ferry or yacht engine room. Standing watches in
confined machinery spaces that many people would like to leave after a quick visit, chief
engineers and assistant engineers go about monitoring their engine’s oil pressures,
cooling water outlet temperatures, fuel consumption…all while trying to ignore the
deafening roar of diesel engines around them. Not to mention the heat…. and the fuel
and oil vapors continually wafting in the air. That’s a nice place to be in rough seas, isn’t
it…trying to keep your balance on steel gratings and catwalks as the vessel rolls 15 - 20
degrees to port or starboard.
Even though the job of the commercial mariner is dangerous everywhere in the world,
an aspect of maritime employment that a job candidate must understand is that their
bundle of legal rights may depend upon the sovereign state of ship’s registry. If you work
on a U.S. flag vessel, your legal rights are governed by U.S. maritime law. It doesn’t
matter if your job is barge mate on the lower Mississippi River, chief engineer on a U.S.
flag container ship, or captain on a tugboat. You’re rights are governed by U.S. maritime
law.
Copyright 2006 - Copyright Warning
Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319Also see The Jones Act and
Seaman Status
The Legal Rights of Officers and Crews
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Maritime Jobs - Marine Jobs - Deckhands - Tankermen - Able Seaman - Maritime Jobs - Deck Engine - Employment in the Maritime Industry - Work on Ships - Yachts - Tugboats - Cruise Ships
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Some of the jobs offered by the maritime industry come with attractive salaries. As the
adage goes, "you don't get something for nothing." Many of these jobs are not without
their share of occupational hazards.
When our deckhand goes to work on a brutally cold February morning two hours before
the sun rises, he or she is the one who scrapes ice off the slippery deck of a barge....
not the doorman outside a nice office building. And a mis-step on that cold slippery
steel deck can mean a fall into 33 degree water in the middle of February.
If you want to think about occupational hazards, think of commercial fishing. It’s one of
the most dangerous industries in terms of injury and death. A crab fisherman on the
Bering Sea functioning on three hours of sleep can be slammed around like a bowling
pin if a beam wave hits that crab boat at a right angle and swamps the work area.
Bones can be fractured, fingers can be lost. These jobs are not easy money. They are
not “cush” jobs.
That doesn’t mean that when you board a
ship from a United States port to start your
employment, you are on a U.S. flag vessel.
Look at the cruise industry. Many of the
vessels are registered in the Bahamas,
Panama and other foreign flag states. If you
are on a non - U.S. flag vessel, your rights
will not be governed by U.S. maritime law.
When a person signs up to work on a cruise
ship, as with recruiters in the Phillipines or
Greece that provide cruise lines with source
of labor, the person may be required to sign
an agreement where they agree that an
arbitration in the Phillipines or other location
will be used to hear their case in the event of
an injury or wrongful death.