Labor Department finalizes rule for recreational vessel workers

More maritime workers are now excluded from coverage under the Longshore and Harbor Workers' Compensation Act. Regulations pertaining to workers in the recreational vessel industry take effect Jan. 30.

The new regulations officially implement amendments to the LHWCA contained in the American Recovery and Reinvestment Act of 2009. The amendment expanded the group of recreational vessel repairers and those who dismantle those vessels for repair who are excluded from coverage.

Prior to the amendment, workers who built, repaired, or dismantled any recreational vessel under 65 feet in length were excluded from Longshore Act coverage, if they were covered by a state's workers' comp law. The amendment eliminated the length limitation to exclude workers repairing or dismantling any recreational vessel -- regardless of length -- as long as they are covered by a state's workers' comp law.

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Coverage is limited to injuries occurring on the navigable waters of the U.S. or any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining areas customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel.

The LHWCA provides employment injury and occupational disease protection to approximately 500,000 workers. The benefits are paid directly by an authorized self-insured employer or through an authorized insurance carrier. In particular circumstances, benefits are funded through a special fund administered directly by the Division of Longshore Compensation.

Read more at the WorkersComp Forum homepage.

January 19, 2012

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