The Coast Guard enforces safety laws on the high seas, and its duties include protecting seaman on merchant vessels, regulating cargo weights, mounting rescue efforts, documenting vessels and protecting the environment. Death at sea and injury at sea create circumstances that are hard for traditional law enforcement agencies to investigate, but the U.S. Coast Guard has broad powers to inspect hazardous cargoes, ship safety systems, conformance to regulations and other relevant matters. Coast Guard Duties The Coast Guard is one of the five branches of U.S. Armed Services and is the oldest maritime agency. The U.S. Coast Guard has an expanded role in keeping the nation's waters and ports secure. Duties include the following:
- Immigration control and interdiction
- Coastal security to thwart terrorist attacks
- Rescue and search operations
- Facilitating maritime navigation
- Enforcing fishing laws
- Setting safety standards and enforcing them
- Interdiction of illegal drugs
- Preventing and curtailing chemical spills
- Protecting fish stock from foreign fishers
- Taking part in military operations
- Breaking ice with specialized ships
Understanding Safety at Sea Conventions Any ship that carries goods, merchandise, liquid cargoes or freight on behalf of an agent is required to follow the Safety Convention. Ships that are not propelled by mechanical means, recreational vessels that are not actively engaged in trade and fishing vessels are exempted from the Safety Convention, but foreign ships operating in U.S. waters must follow U.S. rules and regulations and those laws that are applicable in each state where ships operate.
- U.S. Coast Guard marine inspectors may stop any ship if they believe safety hazards exist.
- Inspectors can visit ships for routine inspections at reasonable times.
- Vessels deemed unsafe or unfit are detained or given warnings.
- The Coast Guard also conducts boardings when asked to do so by other law enforcement agencies.
- Inspectors generally avoid delaying or detaining vessels if possible.
- Vessels carrying cargoes need to apply for a Load Line Certificate and keep the certificate on board during shipping.
- Coast Guard enforcers can levy civil penalties for failing to follow safety guidelines, produce documentation, adhere to load limits and for other maritime issues. Inspectors can make legal arrests for some violations of law.
Minimum Safety Requirements for Commercial Vessels Commercial vessels need to provide adequate safety protections for the seamen who work on them. Safety issues also involve the waterways, ports and property that could suffer damages from vessel operations. Safety requirements include the following protections:
- Ships must contain suitable navigation equipment.
- Fire protection and firefighting equipment must be kept in good repair.
- Certain storage methods and insulation are required for flammable materials.
- Working ventilation systems are required in areas that produce potentiality explosive or poisonous gases.
- Lifeboats and rafts must be able to accommodate all passengers.
- First aid and communications equipment must be kept aboard in good working order.
- Other equipment might be required for certain cargoes and crews.
The Jones Act The Jones Act, which was adopted by Congress in 1920, allows seamen and sailors to make claims and receive compensation for any injury at sea, or their heirs can file for damages in death at sea cases. National security depends on having a willing merchant marine and dynamic water commerce, so protecting seamen's rights is critical for keeping a work force that is willing to work at sea and risk the dangers of these jobs.
- Seamen can make claims due to negligence by ship owners, captains or fellow crew members.
- Ships that are unsafe or unseaworthy and cause injuries are grounds for filing claims under the Jones Act.
- A Jones Act maritime attorney can help seamen get compensation for injuries at sea or in port when related to their ship's business.
- Cases can be filed in federal or state courts.
Safety considerations on the open waterways are very important to commerce, national security and transportation. Vessel documentation helps to ensure safety and compliance with U.S. laws and regulations, and the Coast Guard performs multiple duties that directly affect security, commerce and adherence to U.S. laws. The Coast Guard not only keeps waterways open and safe but also ensures that ships follow strict safety procedures and keep safety equipment in good repair.
