Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32SEPTEMBER 2016 • FOGHORN 21 LEGISLATIVEREPORT Navigating your risks, day and night. As the owner of a passenger vessel you face tough decisions every day, from hiring qualified crew to making sure your vessel is in prime condition. At Aon, we spend day and night thinking about your maritime risks so buying insurance doesn’t have to be another tough decision. We work with you to develop creative approaches and customized solutions that deliver more efficiencies, improved profitability and greater value. For more information, please call 1.800.730.7053 or visit passengervessel.com/member-resources.html#insurance Risk. Reinsurance. Human Resources. Navigating your Aon Risk Solutions Marine one another. That Memorandum of Understanding remains in force to this day. It states, “The Coast Guard is the dominant federal agency with the statutory authority to prescribe and enforce standards or regulations affecting the occupational safety and health of seaman aboard inspected vessels…. Based on OSHA’s interpre- tation of section 4(b)(1) of the OSH Act, and as a result of the Coast Guard’s exercise of its authority, described above, OSHA has concluded that it may not enforce the OSH Act with respect to the working conditions of seamen aboard inspected vessels.” OSHA’s internal guidance to its own employees buttresses this position. OSHA Instruction Directive Number CPL 02-01-047 states, “The U.S. Coast Guard exercises full authority over the safety and health of seamen … aboard vessels which are required to be inspected and certificated by the U.S. Coast Guard (i.e., inspected vessels).” In summary, OSHA has no jurisdic- tion over workplace safety of seamen on an inspected vessel, because the Coast Guard has exercised its regu- latory authority. Since the term “seamen” with respect to an inspected passenger vessel is construed broadly to encompass any worker that is a part of the crew complement and that serves the purpose of the vessel, it covers the navigational crew members and workers such as wait staff, chefs, tour narrators, naturalists, and gaming staff. In very limited instances, persons who are not seamen (i.e., vessel repair workers) may be temporarily employed on board while the vessel is navigating, and in such unusual circumstances, OSHAdoes have workplace regulatory authority over such workers. Arguably, an OSHA inspector does have the right to board a Coast Guard-inspected passenger vessel and examine workplace safety conditions. The OSH Act states that a representa- tive of OSHA “upon presenting ap- propriate credentials to the [vessel owner or operator], is authorized (1) to enter without delay and at reason- able times any [workplace] and (2) to inspect and investigate during regular working hours and at other reason- able times, and within reasonable limits and in a reasonable manner, any such place of employment ... and to question privately any such employer, owner, operator, agent, or employee.” However, the inspector cannot issue a notice of violation; if he or she has concerns about anything that is found, those concerns must be transmitted to the Coast Guard for possible enforce- ment action. As for shipyard employees, the situation is completely different. OSHA has full authority to regulate workplace safety for shipyard workers. The agency has been quite active in the area, has issued specific workplace safety standards, and has issued citations for violations on multiple occasions. n Part 2 of “OSHA and You” will appear in the October 2016 issue of FOGHORN.