PaintSquare.com
Follow us on Twitter Follow us on LinkedIn Like us on Facebook Follow us on Instagram Visit the TPC Store
Search the site

 

Advertisement

PaintSquare


Coatings Industry News

Main News Page


New Rule to Protect Ship Whistleblowers

Wednesday, February 20, 2013

More items for Health & Safety

Comment | More

Shipboard painters, blasters and other workers will soon have new federal protection from retaliation over complaints about their working conditions, under interim final rules issued by the Occupational Safety and Health Administration.

The interim rule, issued Feb. 6, establishes procedures for "whistleblower complaints" filed under the Seaman's Protection Act, which protects seamen from retaliation for engaging in protected activity, including providing information to the government about an alleged violation of maritime safety laws or regulations.

Shipbreaking - OSHA
Photos: OSHA

The Seaman's Protection Act applies to "any individual engaged or employed in any capacity on board a vessel owned by a citizen of the United States." The term extends to former employees and job applicants.

The rule defines a "seaman" as "any individual engaged or employed in any capacity on board a vessel owned by a citizen of the United States. The term includes an individual formerly performing the work described above or an applicant for such work."

Seaman's Protection

Congress amended the Seaman’s Protection Act on Oct. 15, 2010, by enacting Section 611 of the Coast Guard Authorization Act of 2010.

The changes included transferring the administration of the act's whistleblower protections from the federal courts  to OSHA. Congress also expanded the activities protected under the act and aligned the procedures and burdens of proof with those provided in Section 31105 of the Surface Transportation Assistance Act.

OSHA already enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes protecting employees who report violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, motor vehicle safety, health care reform, corporate securities, food safety and consumer financial reform regulations.

OSHA Whistleblower Logo

OSHA already enforces whistleblower provisions for workers in the pipeline, nuclear, railroad, public transportation and other industries.

Comments Invited

OSHA is requesting public comment on the interim final rule.

The rule establishes procedures and time frames for handling retaliation complaints, including:

  • Procedures and time frames for filing complaints with OSHA, investigations;
  • Appeals of OSHA determinations to an administrative law judge for a hearing;
  • Review of ALJ decisions by the Administrative Review Board; and
  • Judicial review of the secretary of labor’s final decision.

Individuals may submit comments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. Submissions may also be sent via facsimile or mail. See the Federal Register notice for details.

Comments are due April 8, 2013.

   

Tagged categories: Abrasive blasting; Health and safety; Marine Coatings; OSHA; Painting Contractor; Shipyards; Workers

Comment from Tom Schwerdt, (2/20/2013, 9:31 AM)

Hm, is the seaman definition a big loophole? Commercial vessels are not typically owned by a "citizen" - they are owned by corporations, and not uncommonly offshore shell companies.


Comment from Jerry LeCompte, (2/20/2013, 9:32 AM)

Is this another lawyer's portal to the courts?


Comment Join the Conversation:

Sign in to our community to add your comments.

Advertisements
 
Clemco Industries Corp.
 
Maximum Dust Suppression Systems Start at $14,950
 
The system comprises proven technology and equipment with user-friendly flexibility in mind. See it in action.
 

 
Detail Masters
 
Overspray Removal
 
We offer professional, turnkey service and unparalleled quality!
Our process can save hundreds— even thousands of dollars. It's fast, environmentally safe and 100% guaranteed.
 

 
Industrial Vacuum Equipment Corp.
 
Hurricane Vacuums
& Dust Collectors
 
Vacuum and dust collector hose, filters and related accessories.
IndustrialVacuum.com
 

 
SABRE Autonomous Solutions
 
Introducing the ALPHA1 Blasting Robot
 
Once installed and commissioned – simply
SCAN PLAN BLAST.
 

 
Atlantic Design, Inc.
 
CLICK HERE
 
to see what we did to this dust collector! ADI can increase the efficiency and life of your equipment! Any brand, for less than new! 866.Call.ADI
 

 
Bullard
 
Upgrade with the Bullard GenVX
 
Click here to learn how you can get a GenVX Helmet and Win.
 

 
Novatek Corporation
 
Novatek Corporation, Dustless Coatings Removal
 
Strip, clean and profile all dust free! Comply with new lead standards. Contact today: (866) 563-7800
 

 
Abrasives Inc.
 
Discover the MAGIC.
 
Black Magic® coal slag. It’s consistent, cleaner, cuts better, less dust. Get it where you need it, when you need it. Abrasives Inc. info@abrasivesinc.com
 

 
Absolute Equipment/Grand Rental Station
 
TIER 4 EQUIPMENT
 
We have Tier 4 Equipment including Air Compressors & Generators for Sale & Rent! Your job may now require Tier-4. www.absoluteequip.com or Call 412-931-6655.
 

 
Blastox/The TDJ Group, Inc.
 
Blastox® - One Step Lead Abatement
 
Sandblast additive delivered to jobsite pre-blended to eliminate hazardous abrasive wastes. Why mix, meter or apply at the job-site? Blast with ease and
Let your painters paint!
1(800)-252-7869
 

 
 
 

Technology Publishing Co., 2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951

TEL 1-412-431-8300  • FAX  1-412-431-5428  •  EMAIL webmaster@paintsquare.com


The Technology Publishing Network

Durability + Design PaintSquare the Journal of Protective Coatings & Linings Paint BidTracker

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us