Know your rights…Admiralty Laws & Jones ACT???

[Oldschool]

This is an opinion poll/mental masturbation exercise in learning for all offshore guys to not just "think they know," but to actually learn and to know their rights.

Scenario:

You are assigned as a contract ROV hand through XYZ Agency (located within the US) aboard a non-United States Flagged Vessel. You are within U.S. Territorial Waters and the vessel is leased to a US based Client. You are subjected to physical assault/battery by a foreign national contract crew member and demand that the U.S. Coast Guard be hailed and summonded to your aid.

The Marine crew and Client refuse to hail the US Coast Guard per your demands…whatcha gonna do about that?

Yes, this recently happened within the G.O.M. and I’ll post some links to what your FACTUAL RIGHTS ARE after we get some input from members…

[James McLauchlan]

This will be interesting…….

[Rons_ROV_Links]

In fact it’s not up to the Client and marine crew to refuse, it’s up to the vessel’s Captain. The Captain is responsible for this kind of sh#t (he’s actually responsible for everything happening onboard).

The person should complain to the Captain, put everything on paper and hand this over to the Captain plus the agency (employer) he’s working for.

[James McLauchlan]

This does sound like a legal issue to me.

Before anyone send any email (or a printed copy) I would advise that they contact a lawyer ASAP in their country. They need to be familiar with maritime law. Ask them the best way to proceed.

It may be that the police will become involved and the vessel would have to head into port

Plus…. Write down the facts immediately, as you remember them – Date, times, names, vessel location etc.
This measure ensures that the facts remain clear and cannot be twisted later.

[turtle]

Rock on Oldschool…you da man!

[Gyrohead]

Questions for oldschool.

Would it have mattered if the alleged attacker was not a foreigner?
What about company policy regarding fighting onboard? Shouldn’t both parties have been sent ashore?

From the little info that you gave it just seems strange that no one was prepared to doing anything. Surely there could’ve been another way out for the guy than calling in the Coast Guard. Can only assume that everyone wanted to hit this guy. Pls give some more info wrt this case as I’m sure it could affect everyone working offshore.

On a lighter note, he could’ve put a stop card in.

[ROVRatt]

Oldschool,

You don’t state what nationality the assaulted person is. In legal matters this may have a bearing on the case. More info please.

[Oldschool]

Would it have mattered if the alleged attacker was not a foreigner?

Excellent question! This is what I am trying to stir up with this thread…getting folks thinking about the details should anyone experience such an incident in their careers.

Answer = Yes & No. Yes, because the offender was allowed to flee U.S. Jurisdiction while the victim was held onboard solely for that purpose. By the letter of the law, this equates to kidnapping, conspiracy and aiding in unlawful flight from prosecution. NO, because anyone in U.S. Waters, regardless of Nationality and vessel origin falls under US Federal Jurisdiction and the tender mercies of the U.S. Coast Guard.

The Captain is responsible for this kind of sh#t (he’s actually responsible for everything happening onboard).

OUTSTANDING ANSWER! Yes, The Captain is responsible and accountable by US and International Law! The Captain and his employer are criminally and civilly liable.

[Oldschool]

What about company policy regarding fighting onboard? Shouldn’t both parties have been sent ashore?

From the little info that you gave it just seems strange that no one was prepared to doing anything. Surely there could’ve been another way out for the guy than calling in the Coast Guard. Can only assume that everyone wanted to hit this guy. Pls give some more info wrt this case as I’m sure it could affect everyone working offshore.

Which "company" policy??? There is the Marine Vessel Company, The Vessel Owner’s Company, The Leasing Client’s Company Policy and the Agencies’ Company Policies providing bodies on the project. By law, can a "contractor" be held or legally bound" to ANY policy not made publically available as a matter of "common knowledge" or any contractor lacking verbage with his/her contract subjecting them to such policy?

Surely there could’ve been another way out for the guy than calling in the Coast Guard. Can only assume that everyone wanted to hit this guy

In this circumstance, the "guy that got hit" was bashed for protecting one of his sub. engineers from another (and junior) supervisor. Fact is the offending supervisor has an established record of previously assaulting another P/T on a previous rotation and was allowed back on the project inspite of the "Compay Policy" stating all parties in a physical altercation must be removed from the project and not allowed to return.

Why, if someone attacks you unprovoked, would you not call the police or in this case, the US Coast Guard???!!! The "Old School" days are gone and No One has to contend with being keel hauled anymore…LOL! If almost every company requires that both parties involved within a fight be removed, then the victim of the altercation damn certain is entitled to have the proper authorities document/investigate the case so he/she can defend their reputation and collect lost wages due to no fault of their own.

[Oldschool]

Question:

Do you know if/when you "qualify" for protection under the "Jones Act?"

[turtle]

Do you know if/when you "qualify" for protection under the "Jones Act?"

Uhhh….on a vessel in US Territorial waters?

[Oldschool]

Sorry…wrong/incomplete answer…Guess again Turtle…

Who qualifies as a Jones Act seaman?
What vessels qualify as Jones Act vessels?
What rights of a seaman are protected under the Jones Act?

This is stuff that EVERY ROV HAND SHOULD KNOW in this day and age of multinationalism. It’s your arses…knowledge is power, ignorance is for "Career Needle-Gun Operators" 💡

[Scott Beveridge]

Questions for oldschool.

Would it have mattered if the alleged attacker was not a foreigner?
What about company policy regarding fighting onboard? Shouldn’t both parties have been sent ashore?

From the little info that you gave it just seems strange that no one was prepared to doing anything. Surely there could’ve been another way out for the guy than calling in the Coast Guard. Can only assume that everyone wanted to hit this guy. Pls give some more info wrt this case as I’m sure it could affect everyone working offshore.

On a lighter note, he could’ve put a stop card in.

I personally know the person who was attacked and has sent me a very detailed report on this matter. The report is not biased at all, completely factual information was offered.

In respect to the "foreign" national bit of this incident, I believe the OP’s purpose was just factual and not a finger pointing excersize.

The chain of command in the company’s regulations / rules appeared to be followed by the aggrieved party re: up the ladder including the captain who is indeed the overall authority in matters such as these.

Yes, the Coast guard should have been alerted as the perpatrator may have been very well not in his right mind which could have led to further or worse incidences. And by what the assaulted persons’ report indicated could have very well led to further violence by said person.

In short, it seems that a few laws were broken and the aggrieved party could take further legal actions against his employers, contractor, and perhaps, the vessels’ company.

Just to let all know, I, myself, am NOT well versed in maritime law but this incident begs the question of "What would I do if…?". As far as the Jones act is concerned, I do remember when the diver got injured and screwed… It effectively put Americans being hired ANYWHERE under the microscope… I actually had to sign a dispensation form several times during the lean days…. Perhaps we, as a group, should be more aware of our rights as an offshore "dog" and prevent getting kicked.

I wish the aggrieved person a proper resolution to that mess….

[Anonymous]

My understanding would be that if the Coast Guard would have been called, the assailant would have been arrested. Then the US Coast Guard would charge him with attempted murder. 5 years in club fed. Nationality doesn’t apply as he broke the law in US waters, so it follows US federal law. Offshore there are no doctors or hospitals..everything is hard metal onboard, and if you hit your head and fell overboard…well thats murder. Have to make it strict to keep all the rednecks and ex-cons from this kind of behavior all the time.

My guess is that if it was hushed up..its because they didn’t want the "foreign national" to do 5 years for being a dumbass.

[Ray Shields]

Who qualifies as a Jones Act seaman?
What vessels qualify as Jones Act vessels?
What rights of a seaman are protected under the Jones Act?

This is stuff that EVERY ROV HAND SHOULD KNOW in this day and age of multinationalism. It’s your arses…knowledge is power, ignorance is for "Career Needle-Gun Operators" 💡

Err, every ROV hand that works around USA waters you mean? I don’t believe it is a valid law anywhere but in America?

[Author]

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