Feds found shipping firm tied to bridge collision retaliated against whistleblower

The Department of Labor in July of 2023 sanctioned a shipping company linked to the vessel that collided with the Francis Scott Key Bridge in Baltimore this week for retaliating against a whistleblower who warned of safety issues on another ship.

Early Tuesday morning, around 1:30 a.m., the container ship Dali collided with the bridge, resulting in its instant collapse. The ship lost power prior to the collision, though the cause of the wreck is still under investigation.

The ship, operated by Synergy Group, was time-chartered by Maersk and carrying Maersk cargo, though no personnel from the company were aboard. Maersk Line Limited, of which Maersk is the parent firm, came under scrutiny from the DOL's Occupational Safety and Health Administration (OSHA) for illegally firing a seaman who had reported safety issues to the Coast Guard in 2020.

The sailor, who served aboard the Safmarine Mafadi, had reported a litany of safety issues, including leaks in the starboard tunnel, rusted deck sockets, malfunctioning lifeboat release mechanisms, unsupervised trainees, and crewmembers potentially drinking about the ship. 

The OSHA ordered his reinstatement and directed that Maersk pay $457,759 in back wages and damages, as well as a further $250,000.

"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. Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences. The order underscores our commitment to enforcing whistleblower rights that protect seamen," OSHA Regional Administrator Eric S. Harbin said at the time.

MLL disputed the OSHA findings, is appealing the case, and issued the following statement:

Maersk Line, Limited (MLL) disagrees with, and is disappointed by the Regional Administrator’s opinion in this case and fully intends to appeal this flawed decision.  MLL is proud of its safety culture and its highest priority remains the safety and security of our mariners and shoreside colleagues.  MLL cooperated fully with the U.S. Coast Guard in its investigation of these same events and the U.S. Coast Guard’s official report “[i]dentified no evidence that the vessel/crew was not taking appropriate actions to address any safety or equipment concerns.” The U.S. Coast Guard’s report further concluded that it discovered no evidence of violations of law or regulation.    The U.S. Coast Guard’s report was in addition to an arbitrator’s decision who considered the same allegations made by this individual which found that the individual’s “sole motivation” was not safety but an “effort to thwart” a disciplinary action against him, concluding, “I find there was no need for urgent action on December 29, and Grievant knew it…In this light, Grievant’s complaints to the Coast Guard were neither reasonable nor in good faith.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.