Maersk Line ordered to pay $700,000 to sacked whistleblower

Maersk’s American unit has been ordered to pay over $700,000 to a former employee who was fired after complaining about vessel safety to the US Coast Guard.

In December 2020, a chief mate aboard the 4,154 Twenty-foot Equivalent Unit (TEU) Safmarine Mafadi, now Maersk Tennessee, reported a list of concerns about the ship’s condition.

Following the vessel’s inspection, Virginia-based Maersk Line suspended the seafarer and then terminated his employment in March 2021 for making the complaint without notifying the company first.

A federal whistleblower investigation by the US Occupational Safety and Health Administration (OSHA),  should Maersk’s termination of the seaman violated the federal Seaman’s Protection Act and ordered Maersk Line to reinstate the seaman and pay $457,759 in back wages, interest, compensatory damages and $250,000 in punitive damages.

According to US law, seaman aboard a US-registered vessel or any vessel owned by a US citizen may report concerns directly to the coast guard and are not required to follow any company policy that requires employees to report first to the company.

“Federal law protects a seaman’s right to report safety concerns to federal regulatory agencies, a fact every maritime industry employer and vessel owner must know,” said OSHA regional administrator, Eric S. Harbin.

“Failure to recognise these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences. The order underscores our commitment to enforcing whistleblower rights that protect seamen.”

Maersk Line, which operates the largest US flag fleet in commercial service and employs around 700 US seafarers, has also been ordered to revise its policy to not prohibit seamen from contacting the coast guard or other federal, state or local regulatory agencies before first notifying the company.