Maersk’s US subsidiary was ordered to reinstate a former employee who had been fired for formally complaining to the US Coast Guard about the safety standards of a ship on which he had served as chief mate the Safmarine Mafadi, now Maersk Tennesse.
The sailor had drawn up a precise list of the problems on board the container ship. This included equipment used to release lifeboats not working properly, rusted, corroded and broken deck sockets, water leaks in the starboard tunnel and in the bilge system. He had also reported that crew members possessed and possibly consumed alcohol on board.
According to Maersk Line limited, the dismissal was motivated by the seafarer’s misconduct, guilty of formally airing his concerns without first notifying the shipping company.
Two years after the termination of employment in March 2021, the US Occupational Safety and Health Administration (OSHA) ruled that Maersk had violated the Federal Seaman’s Protection Act, the law that grants sailors on US-registered or US citizen-owned vessels the right to report critical issues and problems of any kind to the Coast Guard.
In short, according to OSHA, the chief mate was not obliged to follow any company policy requiring employees to report to the company first.
That is why the worker was ordered to be reinstated. Not only that, Virginia-based Maersk Line will also have to compensate the seafarer and pay $457,759 in back pay and compensatory damages plus another $250,000 for punitive damages.
OSHA Regional Administrator Eric S. Harbin said that “Federal law protects a seafarer’s right to report safety concerns to federal regulatory agencies, a fact that every maritime industry employer and vessel owner needs to know.” He stressed that “failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences. The order underscores our commitment to enforcing whistleblower rights that protect seamen.”
With its headquarters in Norfolk, Virginia, Maersk Line Limited operates the most substantial US-flagged fleet in commercial service and employs approximately 700 US seafarers. The company is A.P. Moeller-Maersk’s largest subsidiary.
OSHA enforces the whistleblower provisions of the Seaman’s Protection Act and over 20 other statutes that protect employees who report violations of various occupational safety and health laws.
Translation by Giles Foster