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Division of Longshore and Harbor Workers' Compensation (DLHWC)

 

The Recreational Vessel Exclusion under the Longshore and Harbor Workers' Compensation Act

The Department of Labor announces regulations to implement amendments to the Longshore & Harbor Workers' Compensation Act contained in the American Recovery and Reinvestment Act of 2009. These changes impact the recreational vessel industry in important ways.

SUMMARY

Congress included an amendment to the Longshore and Harbor Workers' Compensation Act (LHWCA) in the American Recovery and Reinvestment Act of 2009 (ARRA). That amendment expanded the already existing group of recreational-vessel repairers, and employees who dismantle those vessels for repair, that are excluded from LHWCA coverage. The regulations implement the amendment by clarifying the definition of "recreational vessel", and specifying when the amendment applies.

On December 30, 2011, the U.S. Department of Labor published in the Federal Register new regulations implementing the 2009 amendment to the LHWCA. The effective date of these regulations is January 30, 2012.

IMPORTANT REFERENCE MATERIALS - INFORMATION

Federal Register publication

Frequently Asked Questions (FAQS)

May 2012 - The New Longshore Recreational Vessel Regulation, How It Affects You (pdf version): Discussion topics include Recreational Vessel Exclusion before and after the 2009 Amendment; the Definition of Recreational Vessel; A Decision Tree for Employers; Effective Date of the Exclusion. Presented by Miranda Chiu, Director, DLHWC, at the National Marine Manufacturers Association Webinar "Get the Facts on the New Longshore Recreational Vessel Regulation".

Industry Notice No-137 (December 30, 2011 - Recreational Vessel Regulation)

News Release - US Labor Department announces final rule defining recreational vessels under Longshore and Harbor Workers' Compensation Act