2010-05-01 00:00:27 - Houston, Texas Maritime Lawyer Brian Beckcom suggests five ways to improve offshore safety in the aftermath of the explosion and sinking of the Deepwater Horizon offshore oil rig.

The media has turned a sharp focus on offshore oil rig safety following the Transocean Deepwater Horizon explosion in the Gulf of Mexico last week and the loss of eleven oil rig workers, as well as countless other injuries and massive property and environmental damages. The government is currently focusing on offshore safety as well, recently ordering a comprehensive safety review of all offshore drilling operations.

This focus is long overdue. As an attorney who represents offshore employees on offshore oil rigs, platforms, jack up rigs, boats, and basically everything that floats, I have seen first hand more safety issues than I can count.

Although offshore workeres are injured or killed in many different kinds of accidents, there are certain patterns

to maritime accidents that tend to repeat themselves over and over.

I offer the following five suggestions for improving offshore safety during this time when this important issue is receiving well-deserved attention:

1. Reward workers for reporting safety violations, not just for going "X" number of days without an accident or near miss.

Many companies reward employees if the rig, platform, boat or other type of vessel has gone a certain amount of time without a "Lost Time Accident." Oddly enough, this can create the wrong incentive for reporting safety violations. If an offshore worker's boss is going to receive a safety bonus after 365 days of no "Lost Time Accidents," and on Day 360 the worker witnesses a safety violation that causes an injury, the worker will be extremely reluctant to report it considering that his or her boss's safety bonus will be affected.

2. Create an agency specifically dedicated to offshore worker safety, or make it crystal clear which federal agency is in charge of worker safety.

Anyone who works offshore will tell you that there is no federal regulatory body specifically in charge of offshore worker safety. The Minerals Management Service, Coast Guard and OSHA all have a role in employee safety, but as the saying goes, "when everyone is in charge, no one is in charge."

The government should clarify exactly which agency is in charge of offshore worker safety, or, create an agency dedicated to offshore employee safety.

3. Make accident statistics public.

I cannot tell you how many offshore workers I have represented in cases where the company says no one else has suffered similar injuries, only to find out later that multiple injuries on the vessel have gone unreported. In fact, I currently represent a client in a case where two similar injury incidents went unreported. Fortunately, we found some ex-employees to tell us the truth about the accident statistics.

Offshore companies should be required to report accident statistics publicly.

4. Pass a law prohibiting offshore companies from "blackballing" employees who are injured or who report safety violations.

One of the most common issues I see again and again is offshore workers who fear reporting accidents or safety violations because they feel they will be "blackballed" by the industry. The offshore industry is rather small in comparison to other industries, and way too many employees are scared to death of losing their job and not being able to find employment offshore if they report accidents, pursue legal claims, or report safety violations.

Current law prohibits companies from firing employees for reporting safety violations, but these laws are weak. These laws should be broadened and strengthened.

5. Raise the daily maintenance rate for injured offshore employees.

Many people would be shocked to learn that if a worker is injured offshore, and falls under the protections of the Jones Act, he or she is entitled to "maintenance" (i.e., a daily or weekly payment from the company while recuperating), but that the maintenance rate is usually only $15 - $45 dollars per day.

An offshore employee who is making $50,000 dollars or more annually who gets hurt takes a huge financial hit if he or she reports an injury and seeks medical treatment, in light of the prospect of earning essentially minimum wage through maintenance payments.

Offshore workers are understandably reluctant to take such a massive cut in pay if they are injured. Sometimes, this results in the employees returning to work before they are physically capable of working safely. An employee who is physically unable to perform what is often very demanding physical labor puts himself and his co-workers at risk of further injury.

I suggest mandating a substantial and long overdue increase in the daily maintenance rate, which has been basically the same rate for decades.

About Vujasinovic & Beckcom, PLLC:

Our law firm represents injured offshore workers around the globe and is dedicated to providing information and guidance to the offshore community concerning legal and safety issues.

For more information:

www.MaritimeAccidentAttorney.com
www.TheMaritimeLawyer.com