Just as the FRSA protects rail workers who report safety hazards, the Seaman’s Protection Act (SPA) protects mariners who report safety issues directly to the U.S. Coast Guard. But the American division of the Maersk international shipping conglomerate prohibits seaman from reporting safety concerns to the U.S. Coast Guard without first reporting internally. In
Seaman's Protection Act
A Landmark Seaman’s Protection Act Development
Just as the FRSA does on the railroad, the Seaman’s Protection Act (SPA) protects workers in the maritime shipping industry who report safety hazards. But there are only a handful of SPA whistleblower cases. Why the dearth of such cases?
The answer lies in the culture of the maritime industry, and in particular carrier policies…
Recent Seaman Protection Act Whistleblower Developments
A $1.15 Million SPA Whistleblower Settlement
It took four long years, but a full measure of justice has come to my client Captain John Loftus. John was the Captain of a 850 foot long container ship who took safety seriously. After his employer ignored his internal reports of unsafe conditions, John went outside to the American Bureau of Shipping and Coast Guard, who forced Horizon Lines to correct the conditions. Horizon then found a pretext to fire John from his Master position. Both the Administrative Law trial Judge and the Administrative Review Board appeals judges ruled in his favor, ordering over $1.15 million in back pay, emotional distress, punitive damages, attorney’s fees and costs. John refused to compromise, ultimately forcing the Company to pay the full $1.15 million, with no confidentiality. So hats off to John for insisting on clearing his reputation while being made whole.Continue Reading Recent Seaman Protection Act Whistleblower Developments
ARB Affirms $1 Million Seaman’s Protection Case
While railroaders and truckers generate the most cases, seamen and merchant mariners also are protected from retaliation when they blow the whistle on safety issues. The Seaman’s Protection Act prohibits retaliation against any seaman who reports a work related injury or who reports to the U.S. Coast Guard or American Bureau of Shipping “that a violation of a maritime safety law or regulation has occurred.” In 2013 Captain John Loftus brought a landmark SPA case against Horizon Lines and Matson Alaska when they fired him after he reported numerous safety violations to the USCG and ABS.
Continue Reading ARB Affirms $1 Million Seaman’s Protection Case
Landmark Seaman’s Protection Act Retaliation Award
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