Oceanographic Research Vessels

Old Jones Act Exclusion

Oceanographic research vessels, 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.

The term “oceanographic research vessel” was defined in the statute 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.”

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.” Therefore, under the terms of the exclusion, traditional seamen working onboard such vessels maintained their seaman status, and only the scientific personnel were excepted from coverage.

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With the recodification of the act being signed into law on October 6, 2006 and the old Act being repealed, the exception for scientific personnel on research vessels is no longer included in the Jones Act and is, therefore, no longer in effect. The new statute, Title 46, §§ 2101, et seq., eliminated the exception previously carved out for certain individuals onboard research vessels. With the change in the statute, these individuals may 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. Any scientific personnel injured on an oceanographic research vessel after October 6, 2006 is now covered by the Jones Act.

It is certain that ship owners will 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 Jones Act lawyer or risk losing valuable legal rights.

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