The Importance of
Adhering to Safety Regulations to Minimize OFFSHORE OIL Company Liability
Oil rig workers face
a variety of hazardous conditions on a daily basis, which is evident in the
amount of related accidents that have taken place in the last several years. There are more than 4,000 oil rig platforms in
the Gulf of Mexico alone—25% of which are physically manned by workers—so there
are a great number of people along the southern coast that are employed in this
field. Because of the constant work that
needs to be done to maintain these rigs, however, there is a very good chance
that a worker may be faced with an injury at some point or another. One simple misstep could have catastrophic
results, so it is crucial that the proper safety regulations are implemented
and followed at all times.
Although human error
cannot be blamed for the countless accidents that have taken place on offshore
rigs, it can be attributed to an astounding number of the 3,300 accidents that took
place between 2001 and 2014. All
offshore workers maintain rights under the Merchant Marine Act of 1920, which
is more commonly referred to as the Jones Act. This is a "United States federal statute
that regulates maritime commerce in U.S. waters and between U.S. ports,"
and allows for all offshore seaman to make claims and collect from their
employers for the negligence of a supervising authority or a fellow worker.
This means that if
an employer fails to adhere to the safety regulations that have been put into
place and a worker is subsequently injured, they may be subjected to a civil
lawsuit. Often times, an oil rig worker
will be unable to return to their job in the wake of a serious injury, so they
may have no other choice but to pursue an appropriate amount of compensation
from the responsible party. Whether they
were burned in an explosion or they were hit or crushed by an unsecured object,
a victim may be able to pursue damages that workers' compensation benefits
won't provide.
Under the Jones Act, passed by Congress in 1920 as part of a
broader maritime law, goods transported between U.S. ports must be carried by
ships built in the U.S. and operated by U.S. crews. The Jones Act protects American’s national
and economic security. In part, it does so by helping maintain a pool of
well-trained, loyal, U.S.-citizen mariners who sail aboard all types of
American-flag ships, including military support vessels.
Foreign maritime workers injured in American ports or on
American flagged ships have the same rights as American workers. If you are a foreign worker injured on an
American port, you may be eligible for compensation under the Longshoreman
Compensation Act. The LCA is a workers'
compensation policy enforced by the federal government.
Types of Oil Rig Safety Regulations
Because of the
enormous risks that an oil rig worker faces on a day-to-day basis, it is
important for everyone in the field to understand what safety regulations must
be implemented and followed. Although
most employees across the country are subjected to the regulations of the U.S.
Occupational Safety and Health Administration (OSHA), it is a little different
when working offshore. Seamen that are
working on oil rigs must instead abide by the regulations that have been set
out by the Bureau of Ocean Energy Management, Regulation and Enforcement. These standards were developed to protect
workers that are susceptible to a whole new set of hazards when working out on
the water, including regulations like:
·
Maintenance
must be done regularly on all equipment to ensure proper working condition
·
Workers
must receive training on how to implement proper safety techniques
·
Oil rig
owners must provide free medical care to all employees
·
Equipment
should be stored in a secure area that does not pose a risk of falling
·
Weekly
"musters," or emergency exercises, should be carried out to prepare
workers for real life accidents
·
Workers
must have access to the General Platform Alarm (GPA) and/or emergency contact
numbers
Qualifying as a “Seaman”
Not everyone who works on or near the water will meet the
criteria of the Jones Act. The law expressly states that it only applies to
“seamen,” but unfortunately, it does not provide a functional definition of the
term. Thus, maritime attorneys look to the text of court decisions to figure
out if a particular crew member will qualify.
Federal courts have interpreted the term seaman to mean an
individual who is assigned to a vessel or fleet that operates in navigable
waters, meaning waterways capable of being used for interstate or foreign
commerce. The individual must perform work that is related to the vessel’s
purpose. As long as it furthers the mission of the vessel, the relative
importance of the individual’s job description is not important.
Seaman status under the Jones Act also requires that an
employee spend a significant amount of time upon the vessel. One federal court
has stated that an employee must spend no less than 30% of his or her time
onboard to qualify. While this 30% figure is useful as a rule of thumb, it is
by no means determinative. Employees who are unsure if they qualify as seamen
should consult a maritime attorney for advice on their particular
circumstances.
Claims for Negligence
The most important benefit for those who qualify under the
Jones Act is the ability to bring a negligence lawsuit against their employer. By contrast, most land-based employment is
covered by workers compensation, which allows injured employees to recover a
limited amount of damages, without examining the issue of fault. This may provide a degree of certainty, but
without the chance to prove negligence, seamen would be unable to hold their
employers fully accountable.
Negligence occurs when an employer or coworker takes
unreasonable risks and a seaman is injured as a result. The wrongfulness of the
conduct is highly relevant, and helps determine how much money the seaman will
receive. These lawsuits not only compensate the victim, they deter employers from
ignoring the safety of their workers.
Once an injured seaman has established negligence, he or she
can ask the jury to award several types of damages. These fall into two
categories, economic and non-economic. Economic damages compensate for things
like past and future medical expenses, lost wages, and loss of earning
capacity. Non-economic damages are meant to pay for pain and suffering, and to
punish the employer in cases involving egregious conduct.
Liability for Unseaworthy Vessels
Sometimes the substandard condition of a vessel is to blame
for a seaman’s injury, rather than the direct actions of the employer or
someone else onboard. In these situations, the “unseaworthiness” doctrine
applies. The owner or entity in control of a vessel has a legal duty to ensure
it is in safe working order, properly equipped, and operated by a competent
crew. If any of these responsibilities are not met, and a seaman gets hurt, the
owner will be liable in tort. This means the victim can recover the same types
of damages available in a negligence lawsuit.
Right to Maintenance and Cure
The doctrine of maintenance and cure differs from the other
methods of obtaining compensation, primarily because it does not take the
conduct of the employer or ship owner into account. In this respect,
maintenance and cure resembles onshore workers compensation. All the seaman
must prove is that the injury or sickness is work-related.
A claim for maintenance and cure is easier for a seaman to
prove, but the recoverable damages are far less extensive. Seamen must be paid
a daily allowance to cover living expenses while they heal. Payment for medical
expenses is also included, and must continue until the seaman reaches maximum
medical improvement. It is important to note that these benefits, while modest,
can be collected in addition to any recovery for negligence or unseaworthiness
liability.