Navigating Troubled Waters: How the Safer Seas Act Protects Women in the Maritime Industry

In recent years, the maritime industry has faced significant challenges, especially for women joining the merchant fleet. The industry, long dominated by male presence, has unfortunately been a setting for sexual discrimination and assault. This grim reality necessitated a robust response, leading to the United States Coast Guard’s (USCG) implementation of the “Safer Seas Act” earlier this year.

The Safer Seas Act: A Beacon of Hope

Passed as a part of the National Defense Authorization Act for fiscal year 2023, the Safer Seas Act emerged in the wake of the Midshipman-X sexual assault scandal and other troubling revelations of sexual misconduct at sea. The legislation serves as a comprehensive approach to combating sexual assault and harassment, mandating significant changes in shipboard equipment and policies on commercial vessels.

Key Features of the Safer Seas Act

  1. Mandatory Incident Reporting and Safety Management Systems (SMS): The act requires immediate reporting of any harassment or assault incidents to the Coast Guard. It further mandates that vessel owners include specific reporting and documenting procedures for sexual misconduct in their SMS, as per 46 U.S.C. § 3203.
  2. Prevention Through Video Technology: To enhance accountability, the act stipulates the integration of audio/video surveillance in key areas, such as crew cabin hallways. This technology, governed under 46 U.S.C. § 4901 and § 11101, aims to prevent incidents and facilitate evidence gathering.
  3. Key Access, Control, and Logging: Addressing the need for privacy and security, the act requires vessels to implement master key control systems to prevent unauthorized access to crew quarters, as per 46 U.S.C. § 3106.

Impact and Importance

The Safer Seas Act is more than just legislation; it represents a paradigm shift in the maritime industry’s approach to the safety and well-being of female mariners. By enhancing reporting standards, incorporating technology for prevention, and ensuring privacy and security, the act aims to create a safer and more accountable environment at sea.

Empowering Mariners: The Role of the Individual

While the Safer Seas Act is a significant step forward, its effectiveness hinges on the awareness and cooperation of all mariners. Understanding the new requirements, actively participating in safety management, and embracing a culture of accountability are crucial for the act to truly make a difference.

The Safer Seas Act marks a pivotal moment in the maritime industry’s journey towards inclusivity and safety. It addresses long-standing issues of sexual misconduct, setting a new standard for the treatment and protection of women in the sector. As the maritime community navigates these changes, there is hope that the seas will indeed become safer for all who voyage upon them.

We at the Herd Law Firm are proud to fight for maritime workers and passengers in all types of claims. As Houston maritime attorneys, we never waver in our commitment to help these maritime workers and their families when they are injured.

Read more about the Safer Seas Act in the Coast Guard Bulletin here and here.

11/29/2023

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