Maritime Safety Overview (2024) 

Our offshore injury attorneys know just how dangerous the maritime industry is and how important safety systems are to keep workers safe. 

In fact, the Centers for Disease Control and Prevention (CDC) reports that the maritime industry is six times (600%) more fatal than other U.S. industries, having a history of catastrophic offshore accidents. 

So, what is maritime safety? 

Maritime safety or marine safety, focuses on preventing loss to people, vessels, and cargo at sea. 

This is due in part to the unique risks that shipping and dock workers face. That is why maritime security and safety is critical for maritime workers and oversight boards were created. 

Maritime Safety Oversight (International) 

Much of the current safety measures for commercial vessels, fishing vessels and cruise ships, derive from centuries of maritime law, cobbled together from various countries and standards. 

Because shipping constitutes a major part of the world’s economy, it’s no surprise that the maritime industry put together some of the first comprehensive international standards in the  International Maritime Organization (IMO). 

Adopted in 1959, the IMO set out provisions regarding: 

• maritime traffic regulations,  

• handling procedures for dangerous cargo, 

• search and rescue codes, and 

• how to manage collisions in international waters.  

The IMO also maintains committees that focus on ship design and construction, ship systems and equipment, and training crew members on vessel safety measures. 

Specific aspects of IMO include: 

• Cargo Security and Storage Code: Describes regulations for securing containers, motor vehicles, and other large items safely on board 

• Collision Regulation (COLREG): Provides oversight for navigation protocols 

• International Aeronautical and Maritime Search and Rescue Manual (IAMSAR): Published in conjunction with the Civil Aviation Organization to outline search and rescue procedures during an emergency 

• International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW): Addresses training, certifications, medical requirements, and work/rest schedules for merchant ship crews  

• International Life-Saving Appliance (LSA) Code: Provides technical guidance on equipment and gear ships must carry to prevent injury and loss of life 

• MARPOL Code: Regulates levels of dangerous and polluting substances ships can emit into the ocean. 

IMO is based on the International Convention for the Safety of Life at Sea (SOLAS), which originated in 1914 in response to the Titanic disaster of 1912. 

Among other things, SOLAS describes merchant ship inspection schedules, crew training and certification requirements, and required life-saving equipment for ocean-going vessels. 

U.S. Laws Regulating Safety on Ships at Sea 

Along with the international conventions, the United States has two main laws that regulate maritime safety within its waters.  

These laws also provide guidance and relief for sailors and their families who seek compensation for injury or death that occur onboard. The two laws are the Death on the High Seas Act (DOHSA) and the Doctrine of Unseaworthiness. 

When a sailor dies at sea due to another party’s negligence, the decedent’s estate can file legal action to recover losses under DOHSA within three years.  

These losses may include loss of the deceased’s income, medical expenses, and loss of companionship.  

DOHSA applies to any vessel under U.S. jurisdiction where the death happened within three nautical miles of the coast. It also covers aviation deaths that occur more than 12 nautical miles out to sea from the U.S. coast. 

The Doctrine of Unseaworthiness is a ruling provided by the Ninth Circuit Court of the United States.  

It mandates that vessel owners owe a legal duty to their crews and passengers to maintain seaworthy vessels.  

The term “seaworthy” means the ship must have adequate parts and equipment for its intended purpose, along with appropriate safety gear. Seaworthy ships should also carry crews who are trained and competent for their work. 

Maritime Safety Also Applies to Passenger Vessels 

For those who enjoy pleasure boats in coastal waters, the U.S. Coast Guard enforces federal and state laws regarding recreational boating.  

Private boaters must obey regulations regarding alcohol use, safety equipment, and navigation rules. 

In their 2023 Recreational Boating Statistics report, the Coast Guard noted 3,844 boating accidents that resulted in 2,126 injuries and 564 deaths (75% by drowning). 

The Texas Water Safety Act applies to all waterways and lakes in the state, overseen by the Texas Parks and Wildlife Department (TPWD).  

The TPWD publishes a Water Safety Act Guide to inform anyone operating or traveling by boat about requirements for safety gear, alcohol consumption, and safe boating practices.

A boat driver caught boating while intoxicated may have their driver’s license revoked. 

Texas Boating Safety 

You do not need a separate license to operate a boat in Texas, but you must attend a boater’s education course if you were born after September 1, 1993. The TPWD also recommends equipping all boats with the following items: 

• life jackets 

• anchor with a line 

• At least two paddles 

• Bailing bucket 

• First aid kit 

• Flashlight with extra batteries 

• Knife 

• Motion sickness preventatives 

• Snorkeling mask 

• Very High Frequency (VHF) Marine Radio 

Nearly every accident on or near the water can be traced to human negligence or carelessness. When you or your family experiences injury or illness through the actions of another party, you need experienced guidance in understanding your legal options for a maritime injury claim. Contact our maritime accident lawyers to schedule a consultation and discuss your case today.