Sunday Read: Whistleblower Laws & the Key Bridge Collapse
The collapse of the Francis Scott Key Bridge in Baltimore, Maryland on March 26, 2024 deservingly received ample media coverage. The crash of a container ship in the Patapsco River caused a preventable loss of life and a major disruption to the global supply chain, among other economic and logistic hazards. This tragedy has also shined a light on the prior safety concerns at Maersk, the company that time-chartered the ship, and successful whistleblower retaliation claim against the shipping giant.
As information becomes increasingly available, prior and recent reports indicate that the accident was likely avoidable, harkening back to the shipping company’s breaches of whistleblower protection laws. This incident resonated even more strongly with the National Whistleblower Center (NWC), as our Georgetown office is located just an hour away from the crash site and our staff have driven over the bridge countless times.
In this Sunday Read, NWC will revisit coverage of the claims involving Maersk and the maritime industry; the laws that impact and protect whistleblowers at sea; and the legislative policies needed to prevent similar tragedies.
The Key Bridge Collapse
The tragedy in the Patapsco River occurred shortly after midnight on March 26, when the crew of the DALI, a ship from India leaving the Port of Baltimore for Sri Lanka, sent authorities a mayday call as it lost power.
Though local workers and police were able to prevent more cars from entering the Francis Scott Key Bridge (and thus, saving lives), the DALI slammed into a concrete column on the 1.5-mile structure. The impact caused the bridge’s collapse and eight workers fell into the river. Two workers survived; the bodies of two more workers were recovered and confirmed dead and as of March 29, four are missing and presumed to have died. This loss of life is heartbreaking.
The DALI involved in last week’s crash was operated by Synergy Group, and time-chartered by Maersk Line Limited at the time of the crash. That concept that a modern container ship, owned by Maersk — one of the world’s leading shipping and logistics companies — and staffed by 22 crewmembers could lose power raised many questions from the public and legal advocates. Namely, many wondered how the company could have not been aware of the major issues which surely preceded the tragic event.
Maersk’s Recent Checkered Past
Following the catastrophe, coverage of proceedings regarding the Maersk’s violations of whistleblower protection laws quickly resurfaced. As reported in 2023 by Whistleblower Network News (WNN), Maersk had already been trying to improve its reputation on the international stage, as it was sanctioned by the Department of Labor (DOL) in July 2023 for retaliating against a whistleblower who raised safety concerns about another vessel.
The DOL noted that the seaman reported several safety concerns about the Safmarine Mafadi — a 50,000-ton, 958-foot container ship — to the U.S. Coast Guard in December 2020. The safety concerns included poor supervision of trainees that led to fuel spills, leaks in the starboard tunnel and waste management system, and rusted and broken deck sockets.
Maersk responded by suspending the employee in December 2020 and then terminating him in March 2021, for making the complaint to the Coast Guard without notifying the company first.
The seaman filed a whistleblower lawsuit claiming retaliation and the DOL found that Maersk’s reporting policy and retaliation actions violated the federal Seaman’s Protection Act (SPA). DOL and the Occupational Safety and Health Administration (OSHA) ordered Maersk to reinstate the seaman and pay a combined $700,000 in back wages, interest, compensatory damages and in punitive damages.
The DOL also ordered Maersk to revise its policies which prohibited employees from notifying the company before blowing the whistle to the Coast Guard or other authorities.
“Federal law protects a seaman’s right to report safety concerns to federal regulatory agencies, a fact every maritime industry employer and vessel owner must know,” said OSHA Regional Administrator Eric S. Harbin in Dallas.
Maritime Whistleblower Protections in the Spotlight
OSHA enforces the whistleblower provisions of the SPA and more than 20 other statutes protecting employees who report violations of various workplace safety. This applies to various areas of the transportation industry, including maritime and shipping.
In part, the SPA orders that seamen may not be discharged or discriminated against because:
(A) the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred;
(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman.
NWC recently called for the investigation of the Francis Scott Key Bridge collapse. A thorough investigation by OSHA or another federal agency would determine whether Maersk failed to heed whistleblower concerns about the operation of the ship before this tragic accident. If so, it could penalize Maersk for any retaliation associated with such reports, add new sanctions, and prevent recent history from repeating.
April is National Supply Chain Integrity Month, and this federal campaign brings awareness to how critical these industries are to our infrastructure, as well as the world’s economy. Millions of dollars worth of cargo has been stopped, the cleanup has already required $60 million in federal aid and experts speculate that liability lawsuits could cost billions of dollars.
“The tragedy in Baltimore was could have been avoided, particularly if whistleblowers’ voices were previously silenced,” said NWC Executive Director Siri Nelson. “A thorough and transparent federal investigation is needed to provide the families of the victims with closure and to hold the appropriate parties accountable. Stronger enforcement of sanctions and whistleblower retaliation laws in the shipping industry are needed to ensure accidents like the one in Baltimore do not happen again.”
The Need for Coast Guard Policy Reforms
The risk of retaliation at sea is not a new issue, and the U.S. Coast Guard has abundant room for improvement. NWC called for the elimination of whistleblower retaliation and the recognition of whistleblowers, like retired Commander Kimberly Young-McLear, Ph.D., who exposed gross and unlawful misconduct at the Coast Guard.
The incident also underscored the need for reform in how our seas and oceans are navigated in an environmentally conscious way. NWC also restated the importance of the Act to Prevent Pollution from Ships (APPS). Enforced by the U.S. Coast Guard and the Environmental Protection Agency (EPA), APPS applies to U.S. commercial vessels, as well as non-U.S. commercial vessels operating in U.S. waters or ports of U.S. jurisdiction and makes it a crime to knowingly violate certain provisions of MARPOL and other oil pollution laws.
Dr. Fredric Whitehurst, FBI whistleblower, attorney, and NWC Board Member, noted: “When maritime industry management ignores valid concerns of mariners for the sake of profit margin, they invite disaster. A corporate structure that retaliates against whistleblowers is a hallmark signature of management’s complete lack of concerns for the safety and environmental pollution.
“Our experience with mariner whistleblowers reporting ocean pollution is that they are all terrified of retaliation both against themselves and their families.”
Practical Strategies for Whistleblowers
Though whistleblowers are brave, certain actions — such as going public — can also be incredibly risky. NWC advises whistleblowers to consult a lawyer before making moves on their own and to ensure that action is taken, financial rewards are made available where required, and whistleblowers are able to navigate retaliation with support.
Support NWC
NWC fights to bolster whistleblower programs and raise awareness about the value of whistleblowers. As a 501(c)(3) non-profit our work is made possible with the support of our generous donors. Please consider donating $100 today to help us continue to educate the public about whistleblower experiences and the role whistleblowers play in putting an end to fraud and money laundering. Donors of $100 or more will receive a copy of Rules for Whistleblowers: A Handbook for Doing What’s Right, written by NWC Chairman Stephen M. Kohn, Esq.
