Despite all the recent attempts to repeal it and the constant outcry from certain politicians and media outlets regarding its “negative” impact on the maritime industry, the Jones Act remains the cornerstone of American shipping, fishing, and boating industries.
In fact, the industry is so reliant on the Jones Act and Jones Act lawyers as a source of worker and business protection for any Americans involved in the maritime trade business that there have been calls in recent years for the US Office of Customs and Border Protection (CBP) to increase their enforcement of the Jones Act along coastal waters, particularly off the shores of California and in the Gulf of Mexico where oil rig workers and the shipping industry have the highest concentration of business. These demands for further enforcement were made in part to help better regulate the transport of equipment to oil rigs and platforms and to ensure that more American maritime workers are used to transport international cargo through American waterways.
In response to these calls for stricter enforcement, the CBP recently announced the creation of the Jones Act Division of Enforcement, referred to by the more colorful acronym of JADE. JADE will specialize in monitoring any shipping vessel in American waters to ensure their transactions, employment records, and shipping methods match the standards set forth by the Jones Act and to enforce compliance when necessary.
So what does this mean for American maritime workers? Employers will have to be more vigilant and honest when it comes to declaring cargo and shipping routes. More American vessels and workers will also be used in these shipping transactions to ensure compliance with Jones Act standards and regulations regarding the usage of American vessels and American-made goods during transport. It also opens the door for potential whistleblowers who are aware of violations to more easily report them, as JADE will be opening an “e-allegation portal” on the CBP website for the submission of suspected violations.
And while JADE doesn’t expressly state they’ll be monitoring for potential safety or wellness violations, it isn’t a big stretch to think that increased Jones Act enforcement may lead to improved maritime working conditions. Considering the wide range of injuries covered by the Jones Act, the new increase in compliance may lead to an increase in Jones Act claims by workers who know their rights, or by similar organizations who monitor for further Jones Act compliance even above and beyond the current laws.
However it shakes out, one thing is for sure – despite all the gnashing of teeth, the Jones Act isn’t going anywhere as a piece of legislature, and will serve a the backbone for the work of maritime lawyers and oil rig injury attorneys for years to come.
