The Maritime Minute - 8/2/2011
August 02, 2011
LEXINGTON INSTITUTE SALUTES JONES ACT AS IMPORTANT TO NATIONAL SECURITY: The Jones Act is the “only” hundred-year-old law still critical to U.S. national security in the 21st century according to the Lexington Institute. A July 8 “Early Warning Blog” by Daniel Goure, Ph.D, declares the Jones Act “critical to the maintenance of a shipbuilding and repair industry, and associated skilled workforce to support the U.S. Navy.” He notes that without a flexible pool of skilled workers “the costs to the Navy of its repair and overhaul work would skyrocket.” Dr. Goure further stressed that the “Act’s requirement that vessels engaged in cabotage [the movement of cargo between two points in the United States] be U.S.-flagged and the crews be at least 75 percent U.S. citizens also supports both homeland security and environmental safety.” Click here to read more.
UTILIZATION RATE OF GREAT LAKES FLEET ON THE RISE: With two U.S.-flag Great Lakes freighters recently activated, the fleet now has more than 93 percent of its available carrying capacity in service. Iron ore for the steel industry remains the foundation of Great Lakes shipping. Through June, iron ore cargos moved in U.S.-flag “lakers” total 18.3 million tons, an increase of 7.6 percent compared to a year ago.
THREE AMP MEMBERS RECEIVE SAFETY AWARDS: Crowley Maritime Corporation, Keystone Shipping Co., and Liberty Maritime Corporation have been selected to receive prestigious safety awards from American Maritime Safety, Inc. Crowley will receive the Safe Working Practices Award. Keystone will be honored with the Responsible Carrier Award. Liberty will be presented the Quality Ship Management Award. The awards recognize these companies’ commitment to implementing innovative quality control and safety management systems that go beyond the compliance standards established by the U.S. Coast Guard.
STAMPS SALUTING U.S. MERCHANT MARINE AN HONOR WELL DESERVED: The U.S. Postal Service issued a quartet of stamps that depict ships that helped establish the U.S. Merchant Marine as a world leader in innovation and efficiency. The stamps feature a clipper ship, an auxiliary steamship, a Liberty ship and a containership. “This is a proud moment for everyone in the U.S. merchant marine,” said James Henry, President of the Transportation Institute and Chairman of the Board of American Maritime Partnership. “Ships have played a vital role in the development and protection of our nation. It was no accident that one of the first laws passed by Congress focused on fostering a U.S.-flag fleet. Since 1920, the Jones Act has been the foundation of the domestic U.S.-flag fleet and its requirement that cargo moving between U.S. ports be carried in vessels that are U.S.-owned, -built, and -crewed has produced an industry second to none.” Click here to read more.
American Maritime Partnership ("AMP") is the voice of the U.S. domestic maritime industry, a pillar of our nation‘s economic, national, and homeland security. More than 40,000 American vessels built in American shipyards and crewed by American mariners ply our waters 24/7, and this commerce sustains nearly 500,000 jobs, $29 billion in labor compensation, and more than $100 billion in annual economic output according to a study by PricewaterhouseCoopers for the Transportation Institute. So efficient are these vessels that they carry a quarter of the nation‘s cargo for only 2 percent of the national freight bill, and being American owned, built and crewed helps make America more secure.
OSHA Announces Measures to Improve Whistleblower Protection
August 01, 2011
WASHINGTON – In a continuing effort to improve the Whistleblower Protection Program, the U.S. Department of Labor’s Occupational Safety and Health Administration today announced that it is implementing additional measures to strengthen the program and is releasing an internal report detailing a recent top-to-bottom review of the program. OSHA enforces the whistleblower provisions of 21 statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.
“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels. “The new measures will significantly strengthen OSHA’s enforcement of the 21 whistleblower laws that Congress charged OSHA with administering.”
The Government Accountability Office audited OSHA’s whistleblower program in 2009 and 2010, highlighting challenges related to transparency and accountability, training for investigators and managers, and the internal communications and audit program. OSHA also conducted an internal review that examined national and regional program structures, operational procedures, investigative processes, budget, equipment and personnel issues.
“OSHA is committed to correcting the issues brought to light by the GAO report and our own review,” said Dr. Michaels.
The significant changes to the Whistleblower Protection Program announced by OSHA include:
Restructuring
OSHA’s Whistleblower Protection Program will report directly to the assistant secretary instead of being housed in the Directorate of Enforcement. In addition, changes in field structure are currently being pilot tested. Commencing with its fiscal 2012 budget, OSHA established a separate line item for the whistleblower program to better track and hold accountable its activities and accomplishments. These changes, in addition to the 25 new investigators added, should significantly improve the administration and stature of the program.
Training
OSHA will hold a national whistleblower training conference in September which will be attended by all whistleblower investigators from both federal and state plans, as well as by Labor Department solicitors who work on whistleblower cases. In addition, OSHA will offer several other investigator training events, and will strive to ensure that all investigators and supervisors who have not received the mandatory training courses will receive them by the end of the calendar year.
Program Policy
OSHA revised and will soon issue a new edition of the Whistleblower Investigations Manual that updates current procedures and includes information on the new laws enacted since the manual was last updated in 2003. This new manual will provide further guidance on the enforcement program to help ensure consistency and quality of investigations.
Internal Systems
The data collection system has been modified and the audit program is being strengthened and expanded to ensure that complaints are properly handled on a timely basis.
The whistleblower provision laws enacted by Congress prohibit employers from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by the Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available online at:
http://www.whistleblowers.gov.
The 21 whistleblower statues enforced by OSHA include: Section 11(c) of the Occupational Safety and Health Act; Asbestos Hazard Emergency Response Act; International Safe Container Act; Surface Transportation Assistance Act; Clean Air Act; Comprehensive Environmental Response, Compensation and Liability Act; Federal Water Pollution Control Act; Safe Drinking Water Act; Solid Waste Disposal Act; Toxic Substances Control Act; Energy Reorganization Act; Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; Corporate and Criminal Fraud Accountability Act, Title VIII of the Sarbanes-Oxley Act; Pipeline Safety Improvement Act; Federal Railroad Safety Act; National Transit Systems Security Act; Consumer Product Safety Improvement Act; Affordable Care Act; Consumer Financial Protection Act of 2010, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; Seaman’s Protection Act, as amended by Section 611 of the Coast Guard Authorization Act of 2010; and the Food and Drug Administration’s Food Safety Modernization Act.
replying to this message and delete it from your computer.
The Maritime Minute - 6/30/2011
June 30, 2011
AMERICAN SHIPBUILDING AND REPAIR INDUSTRY WELCOMES STRATEGIC PARTNERSHIP WITH MAJOR DEFENSE SHIPYARDS; INDUSTRY WILL NOW SPEAK WITH ONE VOICE: The Shipbuilders Council of America (SCA) – a founding member of AMP – announced last week that Huntington Ingalls Industries’ Newport News Shipbuilding and Ingalls Shipbuilding Divisions and General Dynamics’ Bath Iron Works (General Dynamics NASSCO is currently a member of the SCA) have joined its national trade association. The move enhances SCA’s ability to communicate the critical role that the shipbuilding and repair sectors play in bolstering economic, national and homeland security. “Today’s announcement is an important development for the effective representation of the shipyard industry in our nation’s capital. The integration of these major defense construction shipyards into the SCA will improve the industry’s ability to speak with one voice to Congress and the Administration about the critical need for a strong shipyard industrial base. We are excited about the strategic opportunities to advance the shared goals and interests of our diverse membership,” SCA President Matthew Paxton said. Coincidentally, SCA was founded in 1920, the year in which the Jones Act was enacted. Click here to read more.
PORT POTENTIAL HIGH IN RHODE ISLAND: The Providence Journal is urging Rhode Island state legislators to use the underutilized ports of Providence, Quonset/Davisville, and Aquidneck Island to attract maritime trade. “The state’s ports are an economic sector that Gov. Chafee very sensibly has termed a big opportunity for growth,” stated a June 17 editorial. “Rising fuel prices point to short-sea shipping – containerized cargo by barge from such larger ports as Halifax, New York and Charleston to smaller ports such as Providence and New Bedford, and then by rail or road to its final destinations – as an increasingly important alternative to trucking containers everywhere on congested highways.” The paper noted Charleston and Savannah are forging ahead with improvements to lure the biggest ships. “We should, too,” concludes the editorial. Click here to read more.
MEET A MEMBER: One element of the U.S. Merchant Marine not often recognized is the sector engaged in waterfront construction, pile driving and dredging. A leader in this field is Seattle’s Manson Construction. Started over a century ago in 1905 with a single floating pile driver, Manson remains family-owned and many of its employees are second, third or fourth generation workers who share the pride of a company with distinguished projects stretching from Alaska to New England, throughout the inland waterways and internationally. Its family-oriented leadership and generational knowledge shared among its leadership and operating staff is a hallmark of its success. One recent project demonstrating the merit of its achievement and commitment to the nation is its work in a joint venture with Flatiron Constructors, Inc. on the I-35W Bridge in Minneapolis. Readers may recall the old bridge suddenly collapsed on August 1, 2007, tragically killing 13 people and injuring 145. Manson, along with a key construction partner, were able to get this major artery, responsible for carrying 140,000 trips a day, completed on budget and three months ahead of schedule.
American Maritime Partnership ("AMP") is the voice of the U.S. domestic maritime industry, a pillar of our nation‘s economic, national, and homeland security. More than 40,000 American vessels built in American shipyards and crewed by American mariners ply our waters 24/7, and this commerce sustains nearly 500,000 jobs, $29 billion in labor compensation, and more than $100 billion in annual economic output according to a study by PricewaterhouseCoopers for the Transportation Institute. So efficient are these vessels that they carry a quarter of the nation‘s cargo for only 2 percent of the national freight bill, and being American owned, built and crewed helps make America more secure.
Coastal Development and Rising Sea Levels
June 28, 2011
The Environmental Protection Agency (EPA) posted a 179-page document entitled Rolling Easements. The document was prepared as part of the Climate Ready Estuaries Program. It explores the tension between coastal development and rising sea levels. (June 2011). Note: While the focus of the report is on beach property, such as hotels and vacation homes, some of the same issues apply to all coastal properties, including wharves, shipyards, and refineries.
© Dennis L. Bryant – June 2011
Redistribution permitted with attribution
Sea Level Rise Poses Threat to Hampton Roads
June 23, 2011
The Virginia Ship Repair Association received a comprehensive and sobering presentation on
Sea Level Rise and Innundation in Hampton Roads by Joe Bouchard, PhD,
Chair, Hampton Roads Partnership Innovation Task Force and former Commanding Officer, Naval Station Norfolk.
Dr. Bouchard is the Director of Government Sales at Cox Communications. He serves on the Commonwealth Security Panel, which advises the governor on homeland security and emergency preparedness, Chairs the Hampton Roads Partnership’s Innovation Task Force, which promotes technology-based economic development, serves on the Boards of the Hampton Roads Military and Federal Facilities Alliance, Virginia Maritime Association and Green Jobs Alliance, and on the Advisory Committee for the Maritime Institute at Old Dominion University.
In 2008 Dr. Bouchard served on the Governor’s Commission on Climate Change and chaired its Adaptation Working Group. While representing Virginia Beach in the Virginia House of Delegates in 2008-2009, he served on the Agriculture, Chesapeake and Natural Resources Committee, which is responsible for environmental policy. He also served on the Virginia Beach Alternative Energy Task Force in 2009-2010.
Dr. Bouchard graduated from the U.S. Naval Academy, earned a Master of Arts degree from the Naval Postgraduate School and a Doctor of Philosophy from Stanford University. He retired from the Navy in 2003 as a Captain after 27 years active duty service. He commanded a Navy destroyer and Naval Station Norfolk, which won multiple environmental awards under his command
OpSail and Navy to Celebrate War of 1812
June 23, 2011
U.S. Navy and OpSail will commemorate Bicentennial of War of 1812 and Star-Spangled Banner with
major events in 2012-2015
-- The Tall Ships of the world return to U.S. --
--“Our Flag Was Still There” theme marks festivities in seven ports and across the country –
Washington, D.C., (June 22, 2011) – U.S. Secretary of the Navy Ray Mabus and the chairman of Operation Sail, Inc., Jose Fuentes, today announced a seven-port public/private partnership for the bicentennial commemoration of the War of 1812 and the writing of The Star-Spangled Banner.
“From 2012 to 2015, the United States Navy and its partners, including Operation Sail, Inc., will commemorate the War of 1812 and the writing of our national anthem, the Star- Spangled banner,” Mabus said. “It is remarkable that 200 years ago, one of the first wars in our country's history was fought against nations who have become our closest allies.”
Mabus and Fuentes said that week-long events, including parades of sail, public visitation, spectacular air shows, international athletic competitions, and community relations activities will mark the occasions in New Orleans, New York City, Norfolk, Baltimore/Annapolis, and Boston/New London. Similar events will take place in Great Lakes ports and across the nation.
They made the announcement in a ceremony at the Smithsonian’s National Museum of American History, home of the restored Fort McHenry flag. The unifying theme for the events is drawn from the anthem itself: ‘Our Flag Was Still There’.
The Chief of Naval Operations has invited 120 countries to send appropriate combat ships as well as their national academy sail training tall ships to America, Mabus noted.
“Navy and Operation Sail have partnered in producing major patriotic events for more than 50 years, and we look forward to another majestic spectacle of tall ships and international navy ships next year,” Fuentes said.
OpSail, the Congressionally chartered non-profit producer of tall ship events, has partnered with the Navy for previous American milestones such as the 1976 bicentennial of American independence, the 1986 State of Liberty centennial, and Millennium in 2000.
“Bringing the tall ships of the world back to U.S. waters for the commemoration of this glorious American milestone excites the imagination,” Fuentes said. “Throughout 2012-2015, millions of people will witness these graceful and majestic sailing ships as they parade in together, and celebrate brotherhood of the sea, and of our freedoms.”
States, municipalities and civic organizations have formed host committees to organize the details of the week-long events in each port in concert with Navy officials and OpSail executives.
In 2012, a number of the Navy ships will continue into the Great Lakes for a series of high-profile port visits in cities along the Canadian and U.S. shorelines, Mabus said. Fleet Weeks, Navy Weeks and other annual events will use the commemoration as a teaching tool to impart important lessons about American heritage. As the commemorations extend into 2013, 2014 and 2015, numerous conferences, seminars, teaching moments and observances will take place in venues that were crucial to the outcome of the conflict.
“In each of the port cities, the navy ships and the tall sailing ships will be open for public visiting, and citizens will have the opportunity of interacting with the talented young sailors from around the world.” Mabus added.
Fuentes noted the economic impact of the activities planned: “OpSail events contribute to the economy of participating port cities through increased hotel bookings, restaurant reservations, sales and new infrastructure," he said, “and they attract significant national and international media coverage.”
Key dates for the Navy / OpSail ship visits include:
New Orleans, Louisiana, April 17-23
New York, New York, May 23-30 (Fleet Week)
Baltimore / Annapolis, Maryland, June 13-19
Boston, Massachusetts, June 30-July 6
New London, Connecticut (Tall Ships only), July 6-July 8
Milwaukee, Wisconsin, August 8-13
Chicago, Illinois, August 15-20
Toledo, Ohio, August 22-27
Cleveland, Ohio, August 27-September 4
Detroit, Michigan, September 5-10
Buffalo, New York, September 12-17
About the United States Navy
The U. S. Navy is the sea-service branch of the U. S. Armed Forces. The mission of the Navy is to maintain, train and equip combat-ready naval forces capable of winning wars, deterring aggression and maintaining freedom of the seas. The United States Navy - A Global Force For Good. For more information, please visit www.navy.mil and www.history.navy.mil
About Operation Sail, Inc.
Operation Sail, Inc. is a non-profit organization established in 1961 with the endorsement of President John F. Kennedy. Backed by a Joint Congressional Resolution, its mission is to advance sail training and promote goodwill among nations. OpSail has produced five international sailing events in 1964, 1976, 1986, 1992, and 2000, each tied to a landmark historical event and culminating in a traditional Parade of Sail in New York Harbor. For more information, please visit www.opsail.org.
OSHA Proposed Changes to Reporting
June 22, 2011
OSHA Proposed Rule Changes Reporting Timeframes for Fatalities, Amputations and In-Patient Hospitalizations
The new proposed reporting requirements revised OSHA’s current regulation that requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Reporting amputations is not required under the current regulation.
Other observations from the proposed rule include:
- OSHA estimates that the additional reporting burden to be an average of only 15 minutes per reported incident.
- In-patient hospitalization is defined as when a person is ``formally admitted'' to a hospital or clinic for at least one overnight stay.
- The proposed reporting requirements would apply only to work-related deaths, in-patient hospitalizations, and amputations occurring within 30 days of a work-related incident.
- A reportable amputation under the proposed rule would include those that occur at the workplace as well as those that occur in a hospital as a result of a work-related event.
Comments on the Proposed Rulemaking are due to OSHA on September 20, 2011.