Maritime Safety

Published on: January 16, 2018

Mooring Line Safety and Maintenance

The recent death of a worker on the Duwamish Waterway in South Seattle is a grave reminder of the importance of mooring line safety. John Henry Volkmann IV was trying to tie a gravel barge at the dock of a concrete plant on East Marginal Way South, when the mooring line he was working with broke. Mr. Volkmann was struck and fell into the water. Fire crews immediately responded and recovered Mr. Volkmann from the water, but he was in critical condition. He died at the scene.

When a mooring line parts or breaks, it is like a giant rubber band breaking, and as we know from past cases and incidents, the results can be debilitating or deadly to those working with the line. This training video created by the US Navy may be dated, but it shows viewers just how dangerous a broken mooring line can be to nearby crew members.

According to a Risk Alert bulletin published by Steamship Mutual Loss Prevention, mooring lines require care, maintenance, and inspection. Steamship Mutual urges members to put a planned maintenance system in place to assure safety. Below are just a few recommendations for vessel owners:

Published on: January 16, 2018

MRSA at Sea and Maritime Trades

by Joseph Stacey

When we hear or see the term MRSA, we think of outbreaks in hospitals and nursing homes. But MRSA can be a problem anyplace people work and live in close quarters. According to the CDC, one in three people carries staph bacteria. It lives on the skin and in the nose. The CDC also reports that approximately one in 50 people carry MRSA. In the United States, cases of MRSA are responsible for about 90,000 serious infections and over 18,000 deaths per year. Infections should not be ignored, as they can spread quickly to cause pneumonia, bloodstream infections, sepsis, and in very serious cases, loss of limbs or death.

What is MRSA?

MRSA is short for methicillin-resistant Staphylococcus Aureus, or any strain of staph bacteria that has become resistant to antibiotics. The very same class of antibiotics that were once used to treat these infections are no longer effective due to the mutation of the bacteria.

Published on: December 12, 2017

Substance Abuse, Opioids, and Addiction at Sea

by Joseph Stacey

A new bill is on the way to the Maine State Legislature, and if Representative Mick Devin can get approval next year, a new task force of healthcare professionals and community leaders will work on one of the state of Maine’s greatest maritime issues; opioid drug abuse and addiction.

As the Centers for Disease Control and Prevention (CDC) collect more data, it is reported that approximately 60,000 Americans died in 2016 from opioid overdose, almost a 100% increase over 2015, with 33,000 confirmed deaths. Nearly half of those involved prescription opioids. The same report concludes that among the deaths that involved Fentanyl, the Northeast states of Maine, Massachusetts, New Hampshire, and Rhode Island were among the highest in the nation. While there are currently no statistics by occupation, this is an issue that often hits the fishing industry hard.

The opioid crisis is especially complicated for people who work at sea. The work is physically demanding. Long hours of physical labor can cause severe pain, and injuries that are not allowed time to heal may become chronic. Fishermen are often at sea for weeks at a time or work in very remote locations away from healthcare. When healthcare is available, and opioids prescribed, the medication often runs out while workers are at sea. If pain is still present, workers may seek to utilize other options.

Published on: November 21, 2017

Vessel Stability Reports and Safety

by Joseph Stacey

The overall safety of the commercial fishing industry is becoming safer every year. Those are the findings in a report issued by NIOSH in July of 2017. However, experts agree that an area that needs improvement concerns outdated stability reports. The US Coast Guard requires all fishing and crabbing vessels to carry a stability report which has been prepared by a Naval Architect. Problems arise when these reports are out of date.

According to A Best Practices Guide to Vessel Stability published by the US Coast Guard, vessel stability is defined as “the ability of a fishing vessel to return to its upright position after being heeled over by any combination of wind, waves, or forces from fishing operations.” If a vessel is “unstable”, it does not have sufficient ability to counter these external forces, therefore it is susceptible to capsizing.

The two variables in the stability equation are buoyancy and gravity. Buoyancy is the force acting to push the vessel up in the water, making the vessel float. In stability analysis, the total buoyancy forces are distributed over the part of the hull below the water, and the buoyancy of a vessel is a fixed variable as it is based on the architecture of the vessel. Gravity is the force acting to pull the vessel down in the water. The total weight of the vessel includes all gear, fuel, catch, ice, bait, etc. These weights are distributed throughout the hull, and mathematically combined into a single point called the center of gravity. Because weight is constantly being added and subtracted from a vessel, gravity is not a fixed variable; it is constantly in flux.

Published on: November 7, 2017

Gangways, Boarding, and Disembarking Injuries

by Joseph Stacey

We have all heard that working in the commercial fishing industry is the most dangerous type of work in the nation. Commercial fishing has long topped the Bureau of Labor Statistics’ list of jobs with the most injuries and fatalities. However, many accidents happen before boats leave the dock or upon returning from sea. This is because many vessels are not seaworthy, and seaworthiness begins with safe access to ladders, walkways, gangways, and gangplanks. Gangway related injuries and fatalities are so common that The Shipowners’ Protection Limited, a mutual insurance organization, has published a report titled Gangways, which can be read in full here.

Under Maritime Law, a vessel is considered unseaworthy when a vessel is poorly kept or poorly maintained. In some cases, ship owners may fail to supply proper means for the crew to pass from ship to shore. A seaworthy vessel must have well-maintained equipment that is in working order. Workers must be properly prepared and trained, and routes for boarding, disembarking, and loading a vessel must be hazard-free. Jumping on or from the vessel is not an option. Even if the vessel is less than a foot from the dock, the ship owner is required to provide a safe passage for workers to and from the dock. When evaluating a case, a lawyer will consider the nature of an injury as well as the seaworthiness of the vessel.

Maritime work is dangerous by its very nature. However, that does not mean that workers must accept a high level of risk. There are many federal and industry safety standards that apply to boarding and disembarking a vessel, including Coast Guard regulations and OSHA regulations. If these safety standards are ignored, there can be liability on the part of the vessel owner. For example, using a gangway to board a vessel does carry some amount of risk. But that risk is mitigated when safety precautions and guidelines are followed. If, however, safety is ignored, then the act of using the gangway carries unacceptable risk. This is considered negligence and unseaworthiness. Workers MUST have a safe and well-maintained way of getting aboard and disembarking a vessel.

Published on: June 6, 2017

Named for Heroes: New and Improved Coast Guard Cutters Coming to Astoria and Ketchikan

by Joseph Stacey

Astoria is set to receive two new lifesaving Sentinel-class cutters. One has already been deployed in Ketchikan, the USCGC John McCormick. These are part of a Coast Guard plan to commission 58 new Sentinel-class Fast Response Cutters, replacing aging Island-class cutters.

The new cutters are 154 ft. long (compared to the 110 ft. Island-class) and feature technology updates, such as weapons systems upgrades, small boat stern launch capabilities (to achieve safer and more efficient operations), and a five knot speed increase over the Island-class vessel. Command, control, communications, and intelligence systems have been updated with state of the art technology. The Sentinel-class cutter can reach speeds in excess of 28 knots, and the new small boats can reach speeds of 40 knots.

The new Sentinel-class vessels are to be named after enlisted Coast Guard servicemen and women who distinguished themselves in the line of duty. The first deployed cutter of its class, the USCGC Bernard C. Webber, is named for the Coxswain of the 36-foot wooden Coast Guard Motor Lifeboat CG 36500, which pulled one of the most daring rescues in Coast Guard history. Webber and his crew faced 60-foot seas to rescue 32 crewmen from the SS Pendleton in February, 1952.

Published on: March 9, 2017

Victory for Maritime Workers: Supreme Court of Washington Rules that Injured Fisherman and Seamen May Claim Punitive Damages

by Joseph Stacey

On March 9, 2017, in a landmark case handled by Stacey and Jacobsen, PLLC, the Washington State Supreme Court ruled unanimously that punitive damages may be awarded to injured fishermen and seamen when the case involves a general maritime unseaworthiness claim. Where an employer recklessly provides a vessel or equipment that is not reasonably fit, the employee may bring a separate additional claim of punitive damages. This ruling is a precedent setting victory for maritime workers throughout the nation. No other State Supreme Court has yet ruled on this issue. We are very pleased that employees now have an additional weapon in their arsenal to obtain justice and, at the same time, hopefully curtail dangerous conduct of shipowners.

Allan Tabingo was a deckhand aboard F/V AMERICAN TRIUMPH when the accident occurred. After fish are brought aboard the vessel, a hatch is opened on the deck so that deckhands can shovel the fish through the hatch for processing. To move the last of the fish from the deck into the hatch, a deckhand must get down on all-fours and push the remaining fish through the hatch using their hands. Tabingo was on his knees gathering the fish when another deckhand began closing the hatch. The deckhand realized that Allan Tabingo’s hand was in danger, and tried to stop the hatch from closing. The handle on the hydraulic control valve was broken and repeatedly popped out of the valve. The hatch closed on Tabingo’s hand, severing two of his fingers. The vessel operator had been aware of the broken control handle for two years prior to the incident, yet failed to repair it. In fact, the crew tied one end of a piece of line around the handle and the other end to the ship’s rail so that when the handled popped out, it would not fall overboard. Alan Tabingo suffered the amputation of two fingers and the loss of his livelihood.

Tabingo filed suit in King County Superior Court against the vessel operator, American Seafoods. He asserted Jones Act negligence and general maritime law unseaworthiness claims. The punitive damages claim was based on the precedent setting 2009 Supreme Court of the United States ruling in Atlantic Sounding v. Townsend. The trial judge decided that punitive damages did not apply and dismissed Tabingo’s claim. Tabingo appealed to the State of Washington Supreme Court.

Published on: January 24, 2017

Washington Supreme Court to Decide If Injured Seamen May Recover Punitive Damages for a General Maritime “Vessel Unseaworthiness” Claim

by Joseph Stacey

Allan Tabingo was injured at sea due to defective machinery on his employer’s fishing vessel. A hydraulic lever controlling a fish hatch had been defective for two years. When the hatch operator tried to activate the hydraulic lever to stop the hatch from closing, the handle on the lever popped out of the valve. The hatch could not be stopped. The result was a traumatic hand injury and the loss of a father’s livelihood. The accident could have been prevented had American Seafoods simply repaired the handle when it was found to be defective two years earlier.

On January 17, 2017, lawyers in the case of Allan Tabingo vs. American Triumph LLC argued in the Washington State Supreme Court the question of whether an injured seaman may recover punitive damages when injured on an unseaworthy vessel? You can view the arguments here. Originally denied at the trial court, this case was chosen for a fast track (“interlocutory”) appeal and sent to the Washington State Supreme Court due to the importance of this issue for injured fishermen and seamen.

The Jones Act and Maritime Law already provide for Compensatory Damages. An injured seaman may recover a monetary amount necessary to replace what was lost due to his/her injury. Compensatory Damages usually cover:

Published on: December 27, 2016

Coast Guard Continues Investigation of Alaska Juris Sinking

by Joseph Stacey

Two weeks of Coast Guard hearings and testimonies this past month are slowly revealing the mystery behind the July 26^th sinking of the Alaska JURIS that forced 46 crewmembers to abandon ship in the Bering Sea. Chief Engineer aboard the JURIS, Eddie Hernandez, was a key witness for Coast Guard attempts to reveal operations of the vessel’s owner, Fishing Company of Alaska. The company teams with a Japanese fish buyer, Anyo Fisheries, and continues to operate three factory trawlers whose crews process and freeze catch.

This is not the first time that Fishing Company of Alaska has been at the center of a major Coast Guard inquiry. In fact, many issues that surfaced during the Alaska JURIS hearings paralleled the 2008 sinking of FCA’s Alaska Ranger. In both instances, there were reported gaps in a Coast Guard inspection program, chronic vessel maintenance issues, and safety conflicts between a U.S. crew and Japanese workers.

Although the report on the Alaska JURIS is not expected for months, the hearings offered a look at conditions and operations aboard the vessel. Crewmember Carl Lee Jones revealed in testimony problems surrounding rusting pipes, run down crew quarters, and Japanese crew members who refused to participate in safety drills.

Published on: October 31, 2016

Whatcom County Man Dies in Scuba Diving Accident

by Joseph Stacey

Hank William Hoskins Sr. of Whatcom County died on October 26, 2016, after a scuba diving accident at Gooseberry Point near Sucia Island.

According to Bellingham Fire Department Assistant Chief Bill Hewett, the diver’s oxygen supply was cut off due to an apparent equipment malfunction at approximately 4 p.m.

It was reported by the boat crew that Mr. Hoskins, who was diving for sea urchins, had been underwater for about 5 minutes before being pulled aboard. He was rushed by boat about 10 miles east of Sucia Island to Gooseberry Point, where aid crews helped bring him ashore. Mr. Hoskins could not be revived. He was 40 years old.