46 U.S.C. § 11101 — Accommodations for seamen
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 753 words · no verdicts yet
This section sets minimum accommodations, washing facilities, hospital space, and onboard reporting information for certain United States merchant vessels. It imposes a civil penalty for noncompliance.
(a) On a United States merchant vessel* built after March 4, 1915, except the listed yacht, pilot-vessel, and tonnage exceptions: (1) each crew place must provide at least 120 cubic feet and 16 square feet per seaman or apprentice; (2) each seaman must have a separate berth, with no more than one above another; (3) the place and berth must be secure, lighted, drained, heated, ventilated, weather-protected, and as far as practicable protected from cargo or bilge-water odors; (4) crew space must be free of nonpersonal goods or stores during the voyage; and (5) each berthing area must display company policies against sexual assault, harassment, retaliation, and drug and alcohol use, and reporting procedures and resources, including Coast Guard contacts, company procedures, outside hotlines and counseling, surveillance-video retention information, and regulatory items. (b) A vessel ordinarily traveling more than 3 days between ports with at least 12 seamen must have a separate hospital compartment with one bunk per 12 seamen, up to 6. (c) A Mississippi River or tributary steam vessel must, with the Secretary’s direction and approval, provide an appropriate heated, protected crew sleeping room meeting applicable requirements. (d) A vessel built after that date with more than 10 deck seamen must have a clean, lighted, heated, ventilated washing place and one washing outfit per 2 watch seamen. More than 10 fireroom or engineroom seamen require a separate space for one-sixth at once, hot and cold water, and enough basins, sinks, and showers. Washing spaces must display crime-reporting information and the listed company policies. (e) Forecastles must be fumigated at regulatory intervals and have at least 2 exits, one usable in emergencies. (f) The listed owner, charterer, operator, agent, master, or licensed individual owes a civil penalty of $50 to $500 for noncompliance.
On a merchant vessel of the United States* the construction of which began after March 4, 1915 (except a yacht, pilot vessel*, or vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title)—
each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel;
each seaman shall have a separate berth and not more than one berth shall be placed one above another;
the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water;
crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage; and
each crew berthing area shall be equipped with information regarding—
vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and
procedures and resources to report crimes, including sexual assault and sexual harassment, including information—
on the telephone number, website address, and email address for reporting allegations of sexual assault and sexual harassment to the Coast Guard;
on vessel owner or company procedures to report violations of company policy and access resources;
on resources provided by outside organizations such as sexual assault hotlines and counseling;
on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and
additional items specified in regulations issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating.
In addition to the requirements of subsection (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days’ duration between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The compartment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required).
A steam vessel of the United States operating on the Mississippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck.
A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one lighted, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accommodate at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage.
Forecastles shall be fumigated at intervals provided by regulations prescribed by the Secretary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emergencies.
The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577; Pub. L. 99–36, § 1(a)(6), May 15, 1985, 99 Stat. 67; Pub. L. 104–324, title VII, § 740, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 117–263, div. K, title CXVI, § 11604, Dec. 23, 2022, 136 Stat. 4148.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 577
- 1985Amended · Pub. L. 99-36 · 99 Stat. 67
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3942
- 2022Amended · Pub. L. 117-263 · 136 Stat. 4148
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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