Legally, ferry boat employees are generally different from
shoreside employees. That’s because under the law, a person
who works on a ferry can considered a seaman. Later, we’ll cover
the elements of a test that determines if a maritime employee is a
seaman. Being a seaman means being entitled to rights under
the Jones Act, a U.S. maritime law that governs the rights of
maritime employees injured in the course of their jobs. The term
“seaman” includes women and men alike…it has no gender
significance.
The Jones Act is not the only maritime law governing the legal
rights of commercial seamen. Depending on their job
description, some ferry boat crews may need to be familiar with
regulations under the U.S. Coast Guard for reporting marine
incidents, oil spill response, alcohol testing and other
emergencies. They may also need to be aware of environmental
regulations, although these may be addressed in a ferry company’
s standard operating procedures for personnel.
In 1920, Congress wanted to protect American maritime workers
with the Jones Act. Such protection was already enjoyed by
railroad workers. Congress felt that the hazards of maritime work
required protection under admiralty and maritime law. They felt
that the seaman was more helpless than a person who worked
on shore because a seaman often livws aboard a ship that was
owned and operated by someone else, all in a setting that was
dangerous. A commercial mariner faces traditional perils of the
sea in terms of storms, waves, ice in addition to the hazards of
the vessel. These included injury from high pressure steam,
slipping and falling, being struck by unsecured objects, and
falling overboard.
In addition, a commercial seaman was far from home and family.
Although work on a ferry boat does not generally involve long
overnight stints, working as a ferry crew can introduce hazards
that are unique to shipboard work. By the way, some ferry jobs
can involve overnight journeys…look at some of the ferries that
operate in Europe in places like the Baltic Sea. What they
describe as a ferry looks more like a medium sized ocean going
vessel. Ferry usually brings to mind an image of something
relatively small, shallow drafted and not generally intended for
operation in heavy seas offshore.
So even though ferry workers may work in protected sounds and
lakes, they face ordinary maritime hazards of falling overboard,
injury in securing vessel to dolphins and piers, high-temperature
engine rooms, odd hours and seagoing watch standing protocol.
Ferry jobs are hard work. Ferries work year-round in some
waters. Maritime workers aboard these ferries face extremes of
temperature in summer and winter months. The Jones Act
recognizes the unique physical hazards of maritime employment.
The Jones Act also covers toxic hazards that can arise aboard
older vessels. These can include hazards from toxic substances
such as asbestos, silica compounds, hazardous solvents used
for engine cleaning duties. Some solvents can present health
hazards if used in confined spaces without ventilation. Asbestos
exposure should not be an issue in new vessels built from the
keel up with non-asbestos pipe insulation and packing materials.
Although U.S. shipyards use substitute materials, there are older
vessels out there that could possibly contain asbestos. If an older
vessels contain asbestos components installed before the
discontinuation of asbestos products, workers need to be aware
of the prevention of respiratory damage and disease. When it
comes to asbestos hazards (such as asbestosis, mesothelioma,
lung cancer or other respiratory disease from asbestos
exposure), there are certain procedures that need to be followed
in removing it. Although an injured seaman’s legal rights might
be thought of in terms of slipping on a greasy ladder in the engine
room, seamen exposed to asbestos, benzene, silica, xylene,
beryllium or other substances are covered under the Jones Act.
Under the Jones Act, commercial mariners, including crews
aboard containerships, tugboats, commercial fishing vessels are
entitled to certain legal rights that arise because of an employer’s
negligence. Commercial seamen are also entitled to rights
stemming from a vessel being unseaworthy. Unseaworthiness
means the vessel was not reasonably fit for its intended use.
Covered injuries include physical injuries from falls, being struck
by objects, or being exposed to hazardous substances or
solvents.
If they are covered under the Jones Act, a seaman is entitled to
lost wages, medical expenses, pain, suffering and mental
anguish. Maritime law uses the words maintenance and cure for
reimbursement of living expenses and medical expenses. This
includes hospital expenses, doctors, nurses and other medical
expenses.
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. § 2319
shoreside employees. That’s because under the law, a person
who works on a ferry can considered a seaman. Later, we’ll cover
the elements of a test that determines if a maritime employee is a
seaman. Being a seaman means being entitled to rights under
the Jones Act, a U.S. maritime law that governs the rights of
maritime employees injured in the course of their jobs. The term
“seaman” includes women and men alike…it has no gender
significance.
The Jones Act is not the only maritime law governing the legal
rights of commercial seamen. Depending on their job
description, some ferry boat crews may need to be familiar with
regulations under the U.S. Coast Guard for reporting marine
incidents, oil spill response, alcohol testing and other
emergencies. They may also need to be aware of environmental
regulations, although these may be addressed in a ferry company’
s standard operating procedures for personnel.
In 1920, Congress wanted to protect American maritime workers
with the Jones Act. Such protection was already enjoyed by
railroad workers. Congress felt that the hazards of maritime work
required protection under admiralty and maritime law. They felt
that the seaman was more helpless than a person who worked
on shore because a seaman often livws aboard a ship that was
owned and operated by someone else, all in a setting that was
dangerous. A commercial mariner faces traditional perils of the
sea in terms of storms, waves, ice in addition to the hazards of
the vessel. These included injury from high pressure steam,
slipping and falling, being struck by unsecured objects, and
falling overboard.
In addition, a commercial seaman was far from home and family.
Although work on a ferry boat does not generally involve long
overnight stints, working as a ferry crew can introduce hazards
that are unique to shipboard work. By the way, some ferry jobs
can involve overnight journeys…look at some of the ferries that
operate in Europe in places like the Baltic Sea. What they
describe as a ferry looks more like a medium sized ocean going
vessel. Ferry usually brings to mind an image of something
relatively small, shallow drafted and not generally intended for
operation in heavy seas offshore.
So even though ferry workers may work in protected sounds and
lakes, they face ordinary maritime hazards of falling overboard,
injury in securing vessel to dolphins and piers, high-temperature
engine rooms, odd hours and seagoing watch standing protocol.
Ferry jobs are hard work. Ferries work year-round in some
waters. Maritime workers aboard these ferries face extremes of
temperature in summer and winter months. The Jones Act
recognizes the unique physical hazards of maritime employment.
The Jones Act also covers toxic hazards that can arise aboard
older vessels. These can include hazards from toxic substances
such as asbestos, silica compounds, hazardous solvents used
for engine cleaning duties. Some solvents can present health
hazards if used in confined spaces without ventilation. Asbestos
exposure should not be an issue in new vessels built from the
keel up with non-asbestos pipe insulation and packing materials.
Although U.S. shipyards use substitute materials, there are older
vessels out there that could possibly contain asbestos. If an older
vessels contain asbestos components installed before the
discontinuation of asbestos products, workers need to be aware
of the prevention of respiratory damage and disease. When it
comes to asbestos hazards (such as asbestosis, mesothelioma,
lung cancer or other respiratory disease from asbestos
exposure), there are certain procedures that need to be followed
in removing it. Although an injured seaman’s legal rights might
be thought of in terms of slipping on a greasy ladder in the engine
room, seamen exposed to asbestos, benzene, silica, xylene,
beryllium or other substances are covered under the Jones Act.
Under the Jones Act, commercial mariners, including crews
aboard containerships, tugboats, commercial fishing vessels are
entitled to certain legal rights that arise because of an employer’s
negligence. Commercial seamen are also entitled to rights
stemming from a vessel being unseaworthy. Unseaworthiness
means the vessel was not reasonably fit for its intended use.
Covered injuries include physical injuries from falls, being struck
by objects, or being exposed to hazardous substances or
solvents.
If they are covered under the Jones Act, a seaman is entitled to
lost wages, medical expenses, pain, suffering and mental
anguish. Maritime law uses the words maintenance and cure for
reimbursement of living expenses and medical expenses. This
includes hospital expenses, doctors, nurses and other medical
expenses.
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. § 2319
| U.S. Department of Labor - These are contact numbers for Dept of Labor Offices that maintain regional employment, unemployment, wage information (cont'd) MONTANA - Helena, MT - (406) 444-2430 NEBRASKA - Lincoln, NE - (402) 471-9964 NEVADA - Carson City, NV - (775) 684-0387 NEW HAMPSHIRE - Concord, NH - (603) 228-4123 NEW JERSEY - Trenton, NJ 08625 - (609) 292-0099 NEW MEXICO - Albuquerque, NM - (505) 222-4683 NEW YORK - Albany, NY - (518) 457-6369 NORTH CAROLINA - Raleigh, NC - (919) 733-2936 NORTH DAKOTA - Bismarck, ND - (701) 328-2868 OHIO - Columbus, OH - (614) 752-9494 OKLAHOMA - Oklahoma City, OK - (405) 557-7265 OREGON - Salem, OR - (503) 947-1212 PENNSYLVANIA - Harrisburg, PA - (717) 787-3266 PUERTO RICO Hato Rey, PR - (787) 754-5340 RHODE ISLAND - Cranston, RI - (401) 462-8767 SOUTH CAROLINA - Columbia, SC - (803) 737-2660 SOUTH DAKOTA - Aberdeen, SD - (605) 626-2314 TENNESSEE - Nashville, TN - (615) 741-2284 TEXAS - Austin, TX - (512) 491-4802 UTAH - Salt Lake City, UT - (801) 526-9401 VERMONT - Montpelier, VT - (802) 828-4153 VIRGIN ISLANDS, Charlotte Amalie, VI 340 776-3700 VIRGINIA - Richmond, VA - (804) 786-7496 WASHINGTON - Lacey, WA - (360) 438-4804 WEST VIRGINIA - Charleston, WV - (304) 558-2660 WISCONSIN - Madison, WI - (608) 267-2393 WYOMING - Casper, WY - (307) 473-3807 |
| U.S. Department of Labor - These are contact numbers for Dept of Labor Offices that maintain regional employment, unemployment, wage information. ALABAMA - Montgomery, AL - (334) 242-8859 ALASKA - Juneau, AK - (907) 465-4518 ARIZONA - Phoenix, AZ - (602) 542-3871 ARKANSAS - Little Rock, AR - (501) 682-4500 CALIFORNIA - Sacramento, CA - (916) 262-2160 COLORADO - Denver, CO - (303) 318-8898 CONNECTICUT, Wethersfield,CT, (860) 263-6255 DELAWARE - Wilmington, DE - (302) 761-8052 DISTRICT OF COLUMBIA - (202) 671-1633 FLORIDA - Tallahassee, FL - (850) 488-1048 GEORGIA - Atlanta, GA - (404) 232-3875 GUAM - Tamuning, GU - (671) 475-7062 HAWAII - Honolulu, HI - (808) 586-8842 IDAHO - Boise, ID - (800) 772-2553 ILLINOIS - Chicago, IL - (312) 793-2316 INDIANA - Indianapolis, IN - (317) 232-7460 IOWA - Des Moines, IA - (515) 281-0255 KANSAS - Topeka, KS - (785) 296-5058 LOUISIANA - Baton Rouge, LA - (225) 342-3141 MAINE - Augusta, ME - (207) 287-2271 MARYLAND - Baltimore, MD - (410) 767-2250 MASSACHUSETTS - Boston, MA - (617) 626-6556 MICHIGAN - Detroit, MI - (313) 456-3090 MINNESOTA - St. Paul, MN - (651) 282-2714 MISSISSIPPI - Jackson, MS - (601) 321-6261 MISSOURI - Jefferson City, MO - (573) 751-3609 |
| legal rights of ferry workers |
| Legal rights of maritime workers - Jones Act - Injured Mariner - Legal Test for Seamen Status - When is an employee a seaman and when are they not a seaman - Jones Act for ferry workers - Exposure to Toxic and Hazardous Substances |
| When you visit ferry operator sites, the typical job postings may include: Captain or "Master”, under these US Coast Guard license qualifications: ▪ 100 Ton Master ▪ 200 Ton Master ▪ 500 Ton Master ▪ 1600 Ton Master sometimes seeking endorsements and STCW 95. Mate , under this United States Coast Guard license: ▪ 100 Ton Mate ▪ 200 Ton Mate ▪ 500 Ton Mate ▪ 1600 Ton Mate sometimes seeking endorsements and STCW 95. Able Bodied Seaman, or Able Seaman or AB Deckhand May require STCW 95. Chief Engineer , need to hold this Coast Guard license: ▪ Chief Engineer Limited ▪ Chief Engineer Unlimited Designated Duty Engineer under USCG license: ▪ Designated Duty Engineer Some companies call their position Marine Engineer QMED Utility Worker Electrician Marine Mechanic Green Trainee or Trainee Ferry Operators also seek Ticket Reservationists, a/k/a Reservation Agents Customer Service Traffic Operations Personnel Parking Lot Personnel Security Personnel Companies may require STCW, MMD (merchant marine document, or Z Card) Where a larger ferry company operates its own shipyard or maintenance facility, they may seek the following: Welder Marine Electrician Pipe Fitter Carpenter Electronics Technician Painter Administrative Accounting Personnel Laborer |
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| In today's legal system, the commercial mariner needs to be aware of so much. There is so much to keep up with in the areas of seamanship, navigation, engineering practices, Coast Guard regs, environmental compliance and more. There is also a great deal to be accountable for as well. What happens when a ferry sets sail in adverse weather conditions. If something happens, will there be liability for the decision to cast off. Read a court decision dealing with such a scenario, click passenger vessel encounters rough seas. |