News & Analysis as of

Shipyard Industry

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

Plotting the Course for Maritime and Infrastructure Federal Action

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update attempts to navigate the mixed messages of recent government actions including (i) Customs and Border Protection’s letter ruling modification...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

OSHA Requests Information on Shipyard Safety Rules Covering Falls

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration is considering updating its safety standards covering falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment and has issued a Request for...more

OSHA’s Final Rule on Crystalline Silica Standards

by Littler on

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure...more

Federal Claims Court Holds that Government’s Actual Knowledge of Contractor’s Delay and Acceleration Excuses Technical...

by Pepper Hamilton LLP on

Nova Group/Tutor-Saliba v. United States, 125 Fed. Cl. 469 (Fed. Cl. Mar 16, 2016) - The United States Naval Facilities Engineering Command (the “Navy”) contracted with the joint venture of Nova Group and Tutor-Saliva...more

OSHA Promulgates New Rule on Respirable Silica Particles

by Williams Mullen on

Workers who inhale very small crystalline silica particles are at increased risk of developing serious — and often deadly — silica-related diseases. These tiny particles (known as “respirable” particles) can penetrate deep...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

by Foley & Lardner LLP on

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and...more

Shipping 2014: United States

by K&L Gates LLP on

When does title in the ship pass from the shipbuilder to the shipowner? Can the parties agree to change when title will pass? Unless otherwise agreed by the parties, title to the vessel passes when the shipbuilder...more

FAR Amended to Clarify Contractor Responsibilities Pursuant to the Defense Base Act

by PilieroMazza PLLC on

The Department of Defense, the General Services Administration and NASA issued a final rule on May 30, 2014, which amended the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to...more

Congressional Questions on LNG Exports Could Impact the Jones Act

by Cozen O'Connor on

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves...more

District Court Extends Fifth Circuit’s Naquin Decision to Barge Cleaning/Repair Employee

by Baker Donelson on

As previously reported (regarding the Naquin decision), the Fifth Circuit recently expanded the scope of Jones Act seaman status to include a shipyard worker who spent 70% of his time working aboard vessels (usually moored to...more

28 U.S.C. §1333 - The Shirt of Nessus that May Bring Down Hercules?

by Baker Donelson on

As detailed in numerous prior posts (most recently regarding the Coronel decision), a series of decisions allowing removal of general maritime law (GML) claims by seamen, even when combined with otherwise statutorily...more

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore...more

Land-Based Jones Act Seaman Status, Emotional Damages, And The “Zone Of Danger”

Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more

Fifth Circuit Expands Coverage of Jones Act, Rules That Shipyard Employee Injured in Shore-Based Crane Incident is a Seaman

by Baker Donelson on

In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more

Chinese Shipyard Successfully Resists A Multi-Million Dollar Claim In London Arbitration Proceedings

by DLA Piper on

PRIMERA MARITIME (HELLAS) LIMITED AND OTHERS V JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER [2013] EWHC 3066 (COMM) - SNAPSHOT - The English Commercial Court's recent decision in Primera Maritime (Hellas)...more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

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