Oceanographic Research Workers

The term “oceanographic research vessel” is defined as a vessel which is determined by the Coast Guard to be “employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic research, including, but not limited to, such studies pertaining to the sea as seismic, gravity meter and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.”[16]  

Under the old Jones Act, prior to October 6, 2006, scientific personnel were defined as “persons who are aboard a vessel solely for the purpose of engaging in scientific research, instructing, or receiving instruction, in oceanography or limnology” and were specifically excluded from coverage under the Jones Act or General Maritime Law.  Under the terms of the exclusion, traditional seamen working onboard such vessels maintained their seaman status, but the scientific personnel were excluded from coverage.

Old Jones Act Exclusion

Under the accepted test for seaman status, including a substantial connection to a vessel or fleet of vessels in navigation and employment in a position that furthers the purpose of the vessel, scientific personnel would seem to meet the definition for coverage as Jones Act seamen.  However, they were specifically excluded from this coverage under the old Jones Act statute.   Under the terms of the old Jones Act, Title 46 App. §§ 441, et seq., scientific personnel working aboard oceanographic research vessels were not considered seamen for the purpose of coverage under the act or for entitlement to benefits under general maritime law. 

New Jones Act Inclusion

With the recodification of the act being signed into law on October 6, 2006 and the old Act being repealed, the exception for scientific personnel on research vessels is no longer included in the Jones Act and should, therefore, no longer be in effect.  The new statute, Title 46, §§ 2101, et seq., seems to eliminate the exception previously carved out for certain individuals onboard research vessels.  With this, oceanographic research workers should now be considered seamen for the benefit of coverage under the Jones Act and general maritime law.  This change places these workers in a better position for recovery in the event of injury or death while in service to the vessel. 

Ship owners may fight to regain the exclusion in the courts but it is unlikely that they will prevail because of the change in statute and other previously advanced legal arguments based upon the extension of the F.E.L.A. to seamen.  Injured scientific workers should immediately contact a Maritime lawyer or risk losing valuable legal rights.