Exploration and oil drilling on offshore drilling rigs could cause serious injuries or even death. As an engineer who graduated from an academy for merchant marines in the United States, obtained three U.S. Coast Guard licenses and worked on oil drilling rigs for six years, an attorney who is board certified, Keith Brais with the law firm of Brais Law Firm is uniquely placed to aid oil rig platform workers who, due to an accident sustain severe personal injuries or die. Contact an experienced lawyer for offshore accidents through Brais Law Firm to discuss a personal claim for injury or death resulting caused by crew boat or offshore accidents.
We assist offshore workers across the nation.
There is no need to look at the recent explosion that occurred in the Gulf of Mexico to confirm the dangers of offshore activities. The rig obviously is called one of the Transocean Deepwater Horizon. British Petroleum (BP) leased the rig as well as the land that was being drilling. Halliburton is the company chosen to construct cement plugs. These kinds of accidents typically happen due to damaged or worn-out equipment, inadequate safety precautions, and inadequate or improper education.
The majority of the time, safety is compromised to cut costs. The main players are the company leasing the equipment, in this instance, BP along with its “company man” against an owner, in this case, Transocean, as well as the “Rig Supervisor,” “Tool Pusher,” or “Driller.” Any company that leases a rig for many thousands each day would like the well to be drilled and tested swiftly. However an owner of a rig isn’t too concerned about “speed.” In the end, the operator of the rig is, at the very least, receiving an amount of money each day that the rig is at work and in operation. This is where the issue lies.
Very few lawyers do not are more aware of the risks associated with operating offshore, than Keith Brais. Keith Brais worked aboard offshore drilling rigs between 1981 and 1987. He was engineer-in-training, roughneck rough neck and hand in addition to an assistant driller (the person in charge of the second row of the drill floor’s operations). During his education the MMSS-OCS TI was obtained well control, surface Stack and Subsea Stack, Blow-Out Prevention (“BOP”) Course and Level Certificate for Driller Level Certificate. He was employed in the Mediterranean and off in the West Coast of Africa, as well as throughout the Gulf of Mexico on all known kinds of drilling rigs. Keith Brais’ experience includes the direct work on Cameron blowout prevention devices, tripping pipes, running casings lower as well as raising BOPs in sub-sea cement plugs being set, and various other aspects of exploration and drilling for oil.
Federal Law that governs Offshore Operation
The law that governs offshore operations is known as the Outer Continental Shelf Lands Act (OCSLA or OCS Lands Act). According to the OCS Lands Act federal agencies control every stage in the exploration, development,, and development of gas and oil. The Act stipulates the following “the obligation of the owner of an oil or gas lease … to
ensure that all workplaces are inside the leasing area … to be in accordance with occupational health and safety guidelines as well … completely free of known hazards for employees;
ensure that all operations are … to ensure compliance with the regulations designed to safeguard people … in the area of the Continental Shelf.”
Anyone in the United States who is injured due to the failure by an employer to follow any rules, regulations, orders or permit granted … can be able to bring a lawsuit to recover damages. The lawful application of admiralty jurisdiction for workers involved in offshore operations is contingent upon three factors:
- The kind of structure or craft involved (whether or whether it is a “vessel”);
- The situation of the person who has been injured (seaman or maritime worker or a different class) as well as
- The platform’s location when it was the cause of the accident (whether it falls within or outside the boundaries of the jurisdiction of the state).
- A review of the above facts will help to determine the questions of authority and control under federal law on one hand and coastal states on the other hand.
OSC Lands Act
The most important factor to consider is whether the incident was sustained on an offshore platform that is fixed versus floating structure. If the incident occurred on an offshore platform fixed and OSC Lands Act applies. OSC Lands Act makes the law of the neighboring state (to the extent that it is not in conflict with Federal Law) applicable as “surrogate” federal Law and the employee will probably not be permitted to file the typical claims of a seaman. This isn’t the case, however in the event that the worker is independent with an unrelated vessel. In contrast when an injury happens on the floating drilling platform, and is deemed to be an “vessel,” then the injured crew member could be considered to be a Jones Act seaman entitled to make the typical seaman lawsuit against his employer and the operator of the rig.
It is true that the OCS Lands Act provides for a matter of federal jurisdiction, however state courts are subject to concurrent jurisdiction, and therefore they can be filed in state courts subject to removal before federal judges. Based on the circumstances of the situation it is possible that an OCSLA incident could also be a matter of admiralty jurisdiction.
If the situs test within the OCS Lands Act are satisfied then the following step will be to decide if state law can be considered to be “surrogated” by federal law in accordance with the section 1333(a)(2). The three-prong test is:
- The issue must arise from the subject matter which is covered by OCSLA;
- Federal maritime law should not use its own force.
- State law cannot be in contradiction in any way with Federal Law.
It is also possible to apply the Longs shore Act can also apply in two scenarios which involve the possibility of an OCS claim. The first is that there is the possibility that Long shore Act can apply on its own terms, without the assistance of OCS Lands Act. OCS Lands Act if the worker meets the normal requirements for status and the tests for situs of the Longs shore Act. In addition, workers can be eligible to receive Long shore Act benefits under the OCS Lands Act under section 1333(b) of the OCS Lands Act.
Additionally, there are those who work who work on fixed platforms within the territorial waters of the state. These workers are not eligible as per the OCS Lands Act and must or seek state laws or in some situations, attempt to be eligible to receive benefits from the Long shore Act.
Contact an experienced Offshore Legal Advocate to assist you with the many complexities Of Offshore Rig Accidents
The above illustrates the complexity that arise when representing a worker injured in an accident involving an offshore rig. The above doesn’t mention any additional claims that might be available to third parties.
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