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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Unseaworthiness and The Jones Act

Many attorneys are unfamiliar with the Standards for Training, Certification, and Watchkeeping developed by a branch of the United Nations and adopted as part of U.S. law. The Code is a set of safety statutes, the violation of which can result in triggering section 53 of FELA, which in incorporated into the Jones Act, and eliminating comparitive negligence against a seaman.

One of the STCW requirements is that ship's watchstanding personel receive at least 10 hours of rest in each 24 hour period. People who went to sea in the 1970's and 1980's remember times when many officers would have balked at such requirements. It was during cargo operations when we made our best overtime because the work was constant for up to 2-3 days at a stretch.

However, if an officer doesn't get that amount of rest, and an accident occurs, it is likely that violation of the statute will be claimed to be a contributing factor.

Plaintiff's counsel need to be aware of these requirements contained in paragraph 1 of Section A-VIII/1of the STCW.