Late last year, Congress passed a bill known as H.R. 4996 – or, in real people terms, the Ocean Shipping Reform Act of 2021.
As described by the House, this bill is designed to support the growth and development of U.S. exports, and revises existing provisions related to ocean shipping policies around existing fees, punitive actions between carriers, and other aspects of the shipping industry.
The act was largely aimed at attempting to reduce the current ongoing congestion at ports all throughout the United States as a result of the ongoing shipping crisis, as well as minimizing supply chain disruptions and attempting to get a lid on ever-increasing freight costs.
While all this sounds great on paper, most maritime workers find themselves asking the same question – what does this have to do with me and my employment?
How the Ocean Shipping Reform Act Affects Workers
A lot of the changes brought about by the Ocean Shipping Reform Act are aimed at a higher level involving pricing, contracts, and the like. Much of it is intended to fight monopolies, avoid unreasonable fees or unfair terms of service, and help smaller shipping companies get their own foothold in the ever-changing world of exports.
At a smaller level, there’s been a lot of talk around an area of the Act that requires ocean carriers to adhere to “minimum service standards that meet the public interest”, largely referring to the need for vessels carrying goods in US waters to embark and deploy their cargo in a timely manner.
Sounds like a good idea these days, right? This, however, may be the area of the act that will have the largest impact on the everyday maritime worker like yourself.
These ‘minimum standards’ will require a lot more manpower than many shipping companies will have access to, which is a bit of a double-edged sword. We’re all well aware of the ongoing labor crisis affecting many American industries right now, and the shipping business has been no exception. The idea of meeting minimum shipping, handling, and processing standards is going to necessitate an increase of staffing levels across the board, potentially opening more opportunities for maritime workers to be able to meet this demand both on the water and at ports.
That said, this is where the Jones Act may come into play. As has been discussed before, the idea of unseaworthiness goes beyond the physical condition of the vessel in question, and can include the need for a well-rested, well-trained, and correctly-staffed crew to manage the various duties of the vessel itself. Even something as seemingly minor as a fatigued crew can create unsafe working conditions aboard a cargo ship, and the Jones Act aims to protect workers from these hazardous environments.
As a result, as staffing levels increase, the risk for injury and accident may increase unless care is taken to ensure all new crewmembers are properly trained on their duties, and equally well-equipped with whatever they need to ensure the work is done safely and correctly. Vessels who try to cut corners on training or equipment may find themselves in violation of the Jones Act, and any crewmembers injured as a result of these circumstances may find themselves having a case against the shipowner.
So as the Ocean Shipping Reform Act rolls on and the effects are better felt, you may find yourself with some new crewmates on the vessels you work on – but just as the Reform Act aims to level the playing field among shipping companies, the Jones Act aims to keep these workers safe, no matter how long they’ve been in the industry.
If you or a loved one have been injured working on a vessel during the shipping crisis, contact the maritime attorneys of O’Bryan Law today by using our contact form.
