FAILURE TO MAINTAIN PROPER SAFETY EQUIPMENT
The Jones Act places very strict regulations and laws on the condition of a vessel and its safety equipment. A maritime employer must provide and maintain safe work environments for seamen. Almost any unsafe condition on a vessel can lead to liability under the Jones Act.
It is the responsibility of a seaman’s employer to insure safe working conditions. Adequate safety, training, and security measures must be in place to prevent accident.
Improving the Safety of Offshore Drilling
The Bureau of Safety and Environmental Enforcement (BSEE) oversee offshore oil regulation. The regulations include standards for offshore drilling and production operations. Safety equipment, safety practices, environmental safeguards, and management oversight of operations and contractors. Companies have to maintain a Safety and Environmental Management System (SEMS). Workplace Safety Rule.
THE DOCTRINE OF UNSEAWORTHINESS
A vessel owner has a duty to provide and maintain a seaworthy vessel. The Doctrine of Unseaworthiness is a part of General Maritime Law. It imposes the duty upon a shipowner to provide a seaworthy vessel. “Unseaworthiness” refers to a vessel or ship that cannot perform its intended functions.
A shipowner’s duty is maintaining a ship’s equipment in proper operating condition. The failure of a piece of equipment is enough to establish unseaworthiness.
Unseaworthiness does not necessarily mean that the vessel cannot sail. It is unseaworthy if it does not provide safe and suitable work environment or equipment.
The statute of limitations for the Longshore and Harbor Workers’ Compensation Act (LHWCA) is short. Please call the Law Offices of L.CLAYTON BURGESS today to discuss your claim.
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