US Department of Labor proposes rule on workers who repair recreational vessels

WASHINGTON — The U.S. Department of Labor today announced a notice of proposed rulemaking implementing changes in the Longshore and Harbor Workers' Compensation Act as mandated by the American Recovery and Reinvestment Act of 2009.

Previously, the Longshore Act excluded several specific groups of workers from coverage when those workers were subject to a state workers' compensation program. Workers repairing recreational vessels fewer than 65 feet in length were one of the excluded groups, but workers who repaired recreational vessels 65 feet or longer were protected by the Longshore Act.

Language in the American Recovery and Reinvestment Act of 2009 changed this exclusion so that the Longshore Act now excludes all workers who repair recreational vessels or dismantle them for repair, regardless of the length of the vessel on which they work. The proposed regulation defines terms such as "recreational vessel" and addresses whether workers who perform tasks in addition to those within the excluded categories are otherwise covered under the Longshore Act. Written comments regarding the proposed regulation can be submitted to the Labor Department until Oct. 18, 2010.

To read the notice of proposed rulemaking or submit a comment, go to the federal e-rulemaking portal at http://www.regulations.gov or by visiting http://www.dol.gov/owcp/dlhwc.