Many of our members are required to carry employee insurance under the Longshore and Harbor Workers’ Compensation Act (LHWCA). While the original intent of the law was to protect shore based workers injured while temporarily on navigable waters of the U.S. and repairing or servicing a vessel over 65 feet, it was expanded in 1972 to cover injuries occurring on piers and adjacent land used for loading and unloading ships. The interpretation became that all boatyards, marinas, repair technicians, and builders were required to purchase longshoremen’s insurance for basically all employees if working on vessels over 65 feet. This type of insurance could be three to four times higher than the normal state workmen’s compensation.

In addition, in 1997 the Dept. of Labor definition of length included swim platforms, bow pulpits, etc. At present, many boats repaired in yards and marinas, would be over 65 feet long so the employees would have to have the LHWCA coverage even if working on another boat in the yard of less length. While marinas and yards who only do maintenance and fueling are exempted, if any repair work is done the employee needs insurance under the LHWCA.

Under the initiative of the Marine Industries Association of south Florida, a coalition with NMMA, MRAA, MOAA, ABYC, and others has been formed and a Recreational Marine Employment Act of 2002 (RMEA) sponsored in Congress. We urge you contact your elected officials in support of this bill.