Maersk American Division Ordered by OSHA to Reinstate Officer Fired for Reporting Ship Deficiencies

The US Occupational Safety and Health Administration (OSHA) has directed the Maersk American Division to reinstate an officer who was dismissed by the company for reporting deficiencies on the ship “MAERSK TENNESSEE” to the US Coast Guard.

The officer, serving as the chief mate, had a dispute with the ship’s captain on December 29, 2020, regarding alleged drinking on board. Subsequently, the chief mate reported several issues aboard the ship (then known as the Safmarine Mafadi) to the US Coast Guard. These issues included the ship’s lifeboat block and releasing gear being inoperable, crew members possessing or consuming alcohol on board, a broken emergency pump, flooding caused by the cargo hold bilge system, and trainees standing watch without supervision.

Following a Coast Guard inspection, which identified further problems like a leak in the fire main in the starboard tunnel, lifeboat blocks requiring replacement, and a cracked safety rail, the chief mate was suspended and later fired three months later for not following the company policy of discussing issues with the Ship Superintendent first.

OSHA ruled that Maersk’s policy and decision to terminate the officer were in violation of the US Seaman Protection Act, which allows merchant mariners to report problems on a US-flagged vessel directly to the US Coast Guard without adhering to the ship’s chain of command.

As a result, Maersk has been ordered to reinstate the officer and promote him to the rank of master. They must also pay him $460,000 in back pay, interest, and compensatory damages, as well as cover attorney’s fees. In addition, OSHA has imposed $250,000 in punitive damages to counteract the effects of Maersk’s illegal policy and has ordered the company to reverse the policy.

Maersk intends to appeal the decision. They stated that the report made by the officer was in bad faith and that the Coast Guard had cleared the ship after the inspection.