The LHWCA provides workers (or their survivors in the case of death) compensation for injuries related to maritime employment on the navigable waters of the United States or adjoining areas.
Before 2009, the LHWCA excluded workers who repaired or dismantled recreational vessels fewer than 65 feet in length from coverage if they were covered by a state workers’ compensation program. The American Recovery and Reinvestment Act of 2009 expanded this exclusion by eliminating the 65-foot limitation. Now, workers who repair recreational vessels of any length or dismantle them for repair are excluded from LHWCA coverage if they are covered under a state workers’ compensation law.
The final rule generally uses the U.S. Coast Guard’s standards for defining a recreational vessel. However, it adds two provisions the Labor Department intends to make it easier to apply these standards in the LHWCA context. First, a manufacturer or builder may determine whether a vessel is recreational within the meaning of the regulation based on the vessel’s design rather than on its end use. Second, noncommercial vessels that are recreational by design and owned or chartered by the federal or a state government fall within the recreational vessel definition.
Read the final rule here.
Other Resources
If you found this update of interest, you also may be interested in reviewing some of the other updates and publications authored by Ms. Stamer available including:
- Portion of Health Care Costs Paid By Government Programs Rose As Employer Provided & Other Private Health Care Coverage Declined In 2010
- Manufacturer’s Excessive I-9 Documentation Triggers Discrimination Liability
- Comment Deadline 1/31 On HHS Plan To Let States Define ACA “Essential Benefits” That Concerns Many
- Stamer Dallas Bar Journal Article Cautions Employers Must Take Holistic Approach To Address Worker Misclassification Risks
- Employers Urged To Strengthen Worker Classification Defenses As Obama Administration Targets Employers Misclassifying Workers
- 2/27 Deadline For Employers To Comment On DOL Proposed Rule Changes Extending Minimum Wage & Overtime Rules To More Home Caregiver Workers
- NLRB Changes Certification Election Case Procedures
- NLRB Delays Deadline For Employee Labor Rights Poster Requirement To April 30
- New Labor Department Retaliation Guidance Reminder Of Retailiation Risks
- HR Key Player In Managing Countrywide & Other US Discrimination Exposures
- Senator Tells IRS To Fix Proposed Health Care Exchange Premium Tax Credit Regulations
- Labor Department Proposes Changing Minimum Wage & Overtime Rules For Home Caregivers, Keeps Heat On Health Care Employers
- IRS Urges Preparers to Renew PTINs for 2012
- OFCCP Proposed Increased Disability Hiring Targets, Other Tougher Government Contractor Rules another Sign Of Rising Employment Discrimination Risks
- New Guidance On Fiduciary Duties In Handling ACA Group Health Plan Premium Rebates Highlight Advisability Of Tightening Funding Terms & Fund Handling Practices To Manage Fiduciary Risks
- Mental Health Parity Guidance On Mental Health & Substance Abuse Copays, Utilization Management Limits Released
- Insurer Fights Back To HHS Characterization of its Premium Increases As “Excessive”
- Mental Health Parity Guidance On Mental Health & Substance Abuse Copays, Utilization Management Limits Released
- Group Health Plans & Insurer To Get More Time To Meet Affordable Care Act Summary of Benefits and Coverage Requirements
- CMS Final Medicare Rule Imposes Many Conditions On Access To Medicare Claims Data To Evaluate Providers & Suppliers
- OSHA Updates Safety Resources To Prevent Construction, Other “Top 10″ Exposures
- EBSA Releases Collection of New M-1 and Other Guidance Impacting Multiple Employer Welfare Plans
- New Obama Administration Affirmative Action Guidance Highlights Organization’s Need To Tighten Nondiscrimination Practices
- Incentives To Get Employee Into Wellness Education Requires Legal Risk Management
- HR Key Player In Managing Rising Risk of Disability, Other Discrimination Suits Under Obama Administration Justice Department
- HHS Chides Insurer For “Excessive” Premium Increases After Affordable Care Act Rate Audit
- Big Penalty for Lender Shows Risks of Violating Military Service or Vets Rights
- OCR 1st HIPAA Privacy, Security & Breach Notification Compliance Audits Begin
- Employers Face New Labor-Management Exposures Under Activist National Labor Relations Board
- Unions Gaining New Power From National Labor Relations Board’s New Activism
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