Enclosed Space Injuries on Commercial Fishing Vessels

Enclosed Space Injuries on Commercial Fishing Vessels: Safety, Regulations, and Seaman’s Rights

Commercial fishing is a vital part of the global economy, yet it remains one of the most dangerous industries. Among the many hazards that seamen face while working aboard these vessels, enclosed space accidents have been a persistent cause of injury and even fatalities. Enclosed spaces—such as tanks, holds, cargo areas, and other confined environments—pose unique risks due to limited ventilation, restricted access, and potential exposure to harmful substances. This page will explore the nature of enclosed space injuries on commercial fishing vessels, the safety rules that govern these spaces, and the legal rights of seamen injured in such environments.

What is an Enclosed Space on a Commercial Fishing Vessel?

An enclosed space on a commercial fishing vessel refers to any compartment or area where a person could become trapped or exposed to hazardous conditions. These areas are typically confined, with limited access for entry and exit. Examples include:

• Cargo holds: Large storage areas where fish, equipment, or supplies are stored.
• Tanks: Spaces used to hold fuel, water, or fish.
• Engine rooms: Confined spaces where machinery is stored, often requiring workers to perform maintenance or other tasks.
• Ballast tanks: Tanks that help stabilize the vessel, often requiring inspection or repairs.

The inherent risks of these spaces lie in their isolation from the rest of the vessel and the lack of proper ventilation, which can lead to the accumulation of toxic gases, such as carbon dioxide, hydrogen sulfide, or oxygen-deprived air. In addition, workers in these spaces are at risk of becoming trapped due to the narrow entry points, lack of escape routes, or equipment failure.

Risks and Causes of Enclosed Space Injuries

Enclosed space injuries can be severe, and fatalities are not uncommon. The leading causes of these injuries include:

1. Toxic Gas Exposure

The confined nature of enclosed spaces on commercial fishing vessels often leads to a buildup of harmful gases. These gases can displace oxygen in the air, leading to suffocation or poisoning. For instance, when fish holds are being cleaned, bacteria can break down organic matter, releasing gases like hydrogen sulfide. Even short exposure to such gases can be deadly.

2. Lack of Ventilation

Enclosed spaces are often poorly ventilated, and when the ventilation systems are inadequate or malfunction, workers may be exposed to hazardous fumes, chemicals, or a lack of breathable air. Poor air quality can lead to dizziness, unconsciousness, and even death if the worker does not receive proper oxygenation.

3. Entrapment or Structural Hazards

Workers who enter enclosed spaces may find themselves trapped by equipment, debris, or collapsing structures. The tight confines and lack of mobility in these spaces make it difficult to escape quickly in the event of an emergency. This increases the risk of serious injuries such as broken limbs, crushed body parts, or fatal asphyxiation.

4. Falls and Slips

Due to the narrow and sometimes slippery surfaces in enclosed spaces, workers may also suffer from falls or slips. The likelihood of injury is heightened if the worker is forced to move quickly or unexpectedly in tight quarters.

5. Lack of Safety Training and Inadequate Equipment

Many accidents in enclosed spaces occur because crew members lack proper safety training or do not have the right equipment. Insufficient training may lead to improper procedures being followed when entering or working in enclosed spaces, such as neglecting to use personal protective equipment (PPE) like respirators or harnesses. Additionally, a lack of proper monitoring systems to detect hazardous gases or environmental conditions exacerbates the risk.

Regulations and Safety Rules Governing Enclosed Spaces

Given the serious risks associated with working in enclosed spaces, numerous regulations and safety protocols have been established to protect workers. These rules aim to minimize the chances of injury or death and ensure that any workers who need to enter these spaces are adequately prepared and protected.

1. OSHA Regulations

The Occupational Safety and Health Administration (OSHA) is the primary agency in the United States that governs workplace safety, including on commercial fishing vessels. OSHA’s standards for confined spaces can be found under 29 CFR 1915 Subpart B, which covers the general safety and health regulations for shipyard employment. While these regulations are broad, some key requirements include:

• Pre-entry Permits: Workers must secure a permit before entering an enclosed space, which ensures that the space is safe to enter.
• Atmospheric Testing: The space must be tested for hazardous atmospheres, including toxic gases or insufficient oxygen levels, before and during entry.
• Ventilation: Proper ventilation must be ensured in the confined space to prevent the buildup of harmful gases and to provide fresh air for workers.
• Rescue Plans: Each enclosed space entry must have a designated rescue plan in case of an emergency. This includes ensuring that rescue teams are available and properly equipped.

2. International Maritime Organization (IMO) Guidelines

The International Maritime Organization (IMO), which sets global standards for the safety of ships and their crews, has issued specific guidelines for the safe operation of enclosed spaces in its International Safety Management (ISM) Code. These guidelines include:

• Training and Drills: Crews must be adequately trained in confined space entry procedures, including emergency response protocols. Regular drills must be conducted to prepare workers for hazardous situations.
• Safety Equipment: Safety equipment such as gas detectors, breathing apparatus, and communication devices must be available and regularly maintained.
• Designated Safety Officers: A qualified officer must oversee the safety procedures related to confined space entry and ensure that all regulations are followed.

3. U.S. Coast Guard (USCG) Regulations

The U.S. Coast Guard has its own set of standards that commercial fishing vessels must adhere to, particularly under the Marine Safety Manual (MSM). These guidelines are aligned with both OSHA and IMO regulations, focusing on ensuring that vessels comply with safety measures to protect workers during confined space operations. This includes the maintenance of safety equipment, crew certifications, and the creation of emergency response protocols.

Rights of Seamen Injured in Enclosed Spaces

When a seaman is injured or killed in an enclosed space accident, they are entitled to certain legal rights and protections. These rights are primarily governed by maritime law, including the Jones Act, Unseaworthiness Doctrine, and Maintenance and Cure provisions.

1. The Jones Act

The Jones Act is a federal law that allows injured seamen to seek compensation for injuries sustained in the course of their work. Under the Jones Act, a seaman has the right to file a personal injury lawsuit against their employer if the employer’s negligence contributed to the injury. For example, if the employer failed to maintain the enclosed space properly or did not provide adequate training, the seaman could be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability

2. The Unseaworthiness Doctrine

In addition to the Jones Act, the Unseaworthiness Doctrine holds that ship owners are responsible for maintaining their vessels in a seaworthy condition. If an enclosed space is poorly maintained or inadequately equipped, leading to an injury, the ship owner may be held liable for the injury, regardless of fault.

3. Maintenance and Cure

Under maritime law, injured seamen are entitled to maintenance and cure benefits, which cover their basic living expenses and medical treatment while they recover from their injury. These benefits continue until the seaman has reached maximum medical recovery.

Conclusion

Enclosed space injuries on commercial fishing vessels remain a significant risk despite advances in safety protocols and regulations. The dangers associated with these confined spaces are numerous, ranging from toxic gas exposure to the risk of entrapment. However, through adherence to strict safety regulations such as those set forth by OSHA, the IMO, and the USCG, the industry has made progress in mitigating these risks. Seamen who suffer injuries in enclosed spaces are protected by laws such as the Jones Act, the Unseaworthiness Doctrine, and Maintenance and Cure provisions, ensuring they receive compensation for their injuries.  If you or a loved one were injured while on a commercial fishing vessel, contact our experienced maritime lawyers for a free consultation.