PaintSquare.com


The First Word in Protective & Marine Coatings

A Product of Technology Publishing / PaintSquare
JPCL | PaintSquare News | Durability + Design | Paint BidTracker

Get Paint BidTracker's Bridge Painting Opportunities of 2015

Paint and 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.

Bullard

The Next Generation
of Blasting

• Lightest
• Coolest
• Most Comfortable
• Most Dependable


ABKaelin, LLC
Quality is our bottom line

Services include:
• Environmental, Health &
  Safety
• Contractor QP Certification
• Quality Assurance Programs
  and Auditing
• SSPC C3/C5 and other
  Training
• Coatings
• Design/Construction
See our website at abkaelin.com or contact us today abkaelin@comcast.com


Clemco Industries Corp.
Powerful Protection in a Small Package

Mounts inside blast helmet, alerts operator to dangerous breathing-air condition by audible, visual, and vibratory alarms. Easily calibrated, battery operated.


PaintSquare
SSPC 2014 Product Demos

Watch product demos by SSPC 2014 exhibitors. Check them out now!


Minerals Research & Recovery

HIGH PERFORMANCE ABRASIVES


“Made in the USA!”

Why recycle waste from other countries? Go FASTER, CLEANER, at 1/3 THE COST with MR&R “All-American” Sharpshot®HP!!

WATCH THE VIDEO


LS Industries
LS Blasters: Optimum Steel Cleaning Efficiency

Simplify surface prep with the precise shot control of LS Blasters. Our blast technology delivers optimum coverage and finish. 800-533-8008


Atlantic Design, Inc.
OUR INDUSTRY IS CHANGING!

We should know. We’re the ones leading the way. Cleverly simple. Clearly ADI. 866.Call.ADI

 
 
 
Technology Publishing

The Technology Publishing Network

The Journal of Protective Coatings & Linings (JPCL) PaintSquare
Durability + Design Paint BidTracker JPCL Europe

 
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
 

© Copyright 2000-2014, Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com