How H.R. 2838 May Save Lives, Offshore Vessels Must be Nearby

December 1st, 2011

Louisiana offshore workers may be greatly impacted by the fate of H.R. 2838, a bill that reauthorizes the U.S. Coast Guard. On November 15, H.R. 2838 passed the house and is now being considered by the Senate. Tucked away in its pages is a chapter that implements new safety requirements for offshore vessels. The addition of Chapter 807 entitled “Standby Vessels” has generated a mixed response from Louisiana residents.

New Safety Requirements for Offshore Vessels

If the section on standby vessels passes the Senate, offshore operators will be required to employ a standby vessel no more than 3 nautical miles from a manned offshore facility engaged in drilling and no more than 12 nautical miles away from all active offshore facilities. In the event of an accident, these nearby vessels can quickly reach injured or adrift seamen. The high seas are dangerous and when workers must abandon their vessel, high seas and cold waters can lead to death if they are not rescued quickly.

Motivation Behind the Legislation

Louisiana Representative Jeff Landry (R – New Iberia) proposed the addition to the Coast Guard bill based on the circumstances of the 2010 Deepwater Horizon explosion. A nearby supply boat was able to rescue 115 workers from the water after the accident. Helicopters deployed in response to the accident took over an hour to arrive. Had the supply boat not been on scene, many more workers may have died at sea.

Rep. Landry promoted the measure by saying that it “will enhance the safety of our hard-working men and women working off our shores to extract the energy our nation needs.”

Pros and Cons

There are both pros and cons to this highly debated piece of legislation. Here are just a few of the main issues:

Pros

• Decrease in response time when offshore accidents occur
• Potential increase in survival of offshore workers
• Promotion of maritime industry by creating a demand for standby vessels

Cons

• Increase in regulatory costs
• Increase in costs to oil companies struggling after Gulf spill
• May translate to an increase in consumer costs

Louisiana Opinion Divided

An article about the possible new requirements was featured on NOLA.com and received both positive and negative responses from locals. One user invoked his previous experience working in the Gulf of Mexico in the 1970’s:

“…All the fields had at least one standby boat located in that field. They would not leave the field even when the winter storms hit. Only hurricanes would drive them out of the field and only once the workers were evacuated…But they were considered an unnecessary expense since they mostly sat on the anchor buoy 24/7. Sort of like having a belt or suspenders to hold up your pants – totally useless until your pants fall down. I don’t care what the driver is – this is good legislation.”

Another user disagreed with the given justification of the bill and the potential burden on consumers:

“This is a classic example of rent-seeking in action. One particular interest group sees an opportunity to increase their business through government regulation…. After all, who could possibly oppose ‘safety’? The natural result is that the regulatory burden keeps ratcheting higher and higher, with the ever-increasing costs to third parties (i.e consumers) the ultimate result.”

What Does this Mean for Offshore Workers?

Regardless of whether you agree or disagree with the approach of this bill, increasing the safety of maritime workers is a good thing. Offshore work is dangerous and far too often accidents happen that leave seamen at the mercy of the sea. This bill increases the responsibility of offshore companies to protect the interests and safety of their employees. Even without this bill, offshore companies have a legal responsibility to provide a safe working environment. Any injury obtained while on the job may qualify you for a substantial settlement under the Jones Act.

If you or someone you know has been injured or if you have lost a loved one due to a maritime accident contact our experienced maritime attorneys at Lamothe Lea Aertker, LLC today online or by phone at 877-249-6801 to find out if you are eligible for compensation. We offer a free consultation during which we will discuss your legal rights and options.

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