The company that chartered the cargo ship that destroyed the Francis Scott Key Bridge in Baltimore was recently sanctioned by regulators for blocking its employees from directly reporting safety concerns to the US Coast Guard ā in violation of a seaman whistleblower protection law, according to regulatory filings reviewed by the Lever.
Eight months before a Maersk Line Limitedāchartered cargo ship crashed into the Baltimore bridge, likely killingĀ six people and injuring others, the Labor DepartmentĀ sanctionedĀ the shipping conglomerate for retaliating against an employee who reported unsafe working conditions aboard a Maersk-operated boat. In its order, the department found that Maersk had āa policy that requires employees to first report their concerns to [Maersk] . . . prior to reporting it to the [Coast Guard] or other authorities.ā
Federal regulators at the Occupational Safety and Health Administration, which operates under the Labor Department, called the policy ārepugnantā and a āreprehensible and an egregious violation of the rights of employees,ā which āchills them from contacting the [Coast Guard] or other authorities without contacting the company first.ā
Maerskās reporting policy was approved by company executives, federal regulators found in their investigation into the incident.
ā[Maerskās] Vice President of Labor Relations, admits that this Reporting Policy requires seamen to report safety concerns to the company and allow it time to abate the conditions before reporting to the [Coast Guard] or other regulatory agencies,ā Labor Department investigators said in theirĀ report.
During their investigation into Maersk, federal officials said there was āreasonable cause to believeā that the companyās policy violated theĀ Seamanās Protection Act, which protects maritime workers who speak out about unsafe working conditions. Officials ordered the company to reinstate the employee and pay overĀ $700,000Ā in damagesĀ and back wages. They also demanded that MaerskĀ reviseĀ its policyĀ to allow seamen to contact the Coast Guard about safety concerns before notifying the company.
The fired employee was a chief mate on the Safmarine Mafadi, a Maersk-operated vessel, who also served as a relief captain when needed. The seaman reported unrepaired leaks, unpermitted alcohol consumption onboard, inoperable lifeboats, faulty emergency fire suppression equipment, and other issues.
Before he was fired, the employee was disciplined for not properly maintaining the logbook and failing to properly follow orders. The fired employee told federal regulators that he believed these disciplinary actions were āretaliation for reporting alcohol consumption on board the vessel.ā
Maersk did not respond toĀ LeverĀ questions about the Labor Departmentās findings and its previous policy on workplace safety reporting ahead of publication.
In a comment to other news outlets, MaerskĀ stated: āWe are horrified by what has happened in Baltimore, and our thoughts are with all of those affected. We can confirm that the container vessel āDALIā, operated by charter vessel company Synergy Group, is time chartered by Maersk and is carrying Maersk customersā cargo. No Maersk crew and personnel were onboard the vessel. We are closely following the investigations conducted by authorities and Synergy, and we will do our utmost to keep our customers informed.ā
Whistleblower Protection
The Seamanās Protection Act was enacted in 1984 to protect maritime workers who reported statutory violations to the Coast Guard from company retaliation. These employees had beenĀ left outĀ of other whistleblower lawsĀ at the time. In 2010, the legislation was amended to also safeguard employees who refused to perform certain duties due toĀ fears ofĀ personal injury.
Enforced by the Occupational Safety and Health Administration, companies that violate the Seamanās Protection Act can be subject toĀ hundreds of thousands of dollars inĀ fines. The Coast Guard alsoĀ encourages employeesĀ to āreport any hazardous condition before it results in a costly mishap.ā
Despite the law explicitly protecting maritime employees from workplace abuses including whistleblower retaliation, experts say there have been relatively few whistleblower complaints. In 2017,Ā aĀ caseĀ involving the Seamanās Protection Act made it to the Supreme Court seeking to protect a New York harbor worker, a āpersistent safety advocate,ā who had been fired after reporting dangerous conditions, though the court declined to hear the case.
Many maritime employers have a similar policy that prevents employees from directly contacting the Coast Guard or other regulatory agencies, according to Eric Rhine, a lawyer specializing in maritime injuries, aviation accident claims, and other issues at the Spagnoletti Law Firm.
In a blog post, Rhine highlighted aĀ previous whistleblowerĀ retaliation caseĀ that found it was āāstandard business practiceā for employers to prohibit any direct contact by employees with government regulatory bodies.ā
Rhine also highlighted that maritime employees, who faceĀ manyĀ work hazards, have a right to report unsafe conditions aboard their vessels to federal regulators.
āSometimes accidents occur when they could have been avoided if proper and reasonable care was taken by those responsible for safe working conditions,ā Rhine wrote. āThese accidents can leave employees with lasting impairment that prevents them from ever working again. Of course, even worse, they can be deadly.ā
Total Collapse
The vessel that crashed into the Baltimore bridge,Ā Dali, was chartered by Maersk and operated by Synergy Marine Group, a ship management company based in Singapore. The ship had a crew of twenty-twoĀ foreign workersĀ from India. The boat is owned by Grace Ocean Private and was headed to Sri Lanka.
Maersk, which is headquartered in Copenhagen, is one of the worldās largest shipping companies, reporting more than $51 billion in revenue in 2023. The company operates in 130 countries and employs one hundred thousand workers, according to its annual report. As of December 2023, Maersk owned 310 ships and was chartering 362, which they say is one of the worldās largest container shipping fleets.
Since 2021, Maersk has spentĀ $2.7 millionĀ lobbyingĀ Congress and federal regulators on workers compensation, as well as port congestion and infrastructure issues, among other concerns, regulatory filings show.
Since last summer, Maersk has been battling the International Longshoremenās Association ā a labor union that represents sixty-five thousand maritime workers, including Maersk employees ā over labor unrest at a port in Alabama.
In August 2023, APM Terminals,Ā aĀ divisionĀ of Maersk, sued the union, claiming that workers at its Mobile, Alabama port were on strike illegally during an active contract. The court case is ongoing, and documents filed by the union in March allege that the company illegally suspended six workers for āraising a concern about a safety issue at the job site.ā
As of publication time, rescuersĀ haveĀ suspendedĀ the searchĀ for six missing construction workers who were working on the Baltimore bridge at the time of the collapse. The workers are presumed dead, officials said. One bodyĀ wasĀ reportedlyĀ recovered from the river on Tuesday.
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