Maersk’s American unit has been ordered to pay over $700,000 to an ex- employee who was fired after complaining about vessel safety to the US Coast Guard.
In December 2022, a chief mate aboard the 4,154 teu Safmarine Mafadi, now Maersk Tennessee, reported a list of concerns about the ship’s condition.
Following the vessel’s inspection, Virginia-based Maersk Line, suspended the seafarer and then terminated his employment in March 2021, for making the complaint without notifying the company first.
A federal whistleblower investigation by the US Occupational Safety and Health Administration (OSHA) determined Maersk’s termination of the seaman violated the federal Seaman’s Protection Act and ordered the Maersk Line to reinstate the seaman and pay $457,759 in back wages, interest, compensatory damages and $250,000 in punitive damages.
According to US law, seaman aboard a US-registered vessel, or any vessel owned by a US citizen may report concerns directly to the coast guard and are not required to follow any company policy that requires employees to report first to the company.
“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. “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.”
Maersk Line, which operates the largest US flag fleet in commercial service and employs around 700 US seafarers has also been ordered to revise its policy to not prohibit seamen from contacting the coast guard or other federal, state or local regulatory agencies before first notifying the company.
This posting is an immensely newsworthy event following a violation of the US federal Seaman’s Protection Act by a major Shipping player that can generate a universal impact on the Maritime Industry’s overall Safety and the Seaworkers’ Occupational health, the Pillars of Sustainability of the sector.
The professional Seafarers onboard a Ship are undoubtedly the most comprehensive and reliable source of information on both the Crew’s health and safety of the working conditions onboard, as well as the instant condition of the Ship they operate, including her current or longer-term Safety vulnerabilities by the pending repair and maintenance issues that may affect the seaworthiness of the vessel. Conditions that no snap-shot Vetting questionnaires, or the time-restricted Condition Inspections, and definitely the periodical Class Surveys could possibly detect, or uncover.
The Maritime rule of law includes the International treaties governing navigation, the marine environment, shipping, and the labor practices at sea, including the MLC 2006 Convention, which sets out the international Seafarers’ rights at work, including employment terms, health and safety, living and working conditions. Any Opacity, Obscurity, Cloudiness, Ambiguity, or Secrecy on all the above matters should not be allowed by any Private Corporate Policies and Practices whatsoever.
