Longshore and Harbor Workers' Compensation Clarification Act of 2014

Floor Speech

Date: July 29, 2014
Location: Washington, DC

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Mr. WALBERG. Mr. Speaker, I rise today in support of H.R. 3896, the Longshore and Harbor Workers' Compensation Act of 2014, and yield myself as much time as I may consume.

The bill before us today provides an opportunity to correct a bureaucratic mistake by the Obama administration that is creating a great deal of confusion and anxiety among certain maritime employers, including a lot of small business owners.

For more than 85 years, the Longshore and Harbor Workers' Compensation Act has provided relief to maritime workers who sustain an injury or illness through work-related activity. Under current law, individuals who repair or dismantle recreational vessels, as well as those who build recreational vessels less than 65 feet long, are covered by an available State workers' compensation program, not the Federal Longshore Act.

It is a bit confusing, especially for maritime employers. In 2009, Congress tried to simplify the law by stipulating any maritime worker providing maintenance of recreational vessels is covered by a State workers' compensation program, regardless of the size of the vessel. Unfortunately, no good deed goes unpunished. The Obama administration issued regulations that further muddied the waters.

Now, employers are forced to engage in a complicated analysis to determine which employees are covered by which workers' comp program, Federal or State coverage. It is a mess that is forcing employers to spend even more time and money managing their workers' comp programs.

As the National Marine Manufacturers Association warns in a letter to Congress, the administration's regulatory approach has led to higher rates that could ``cause businesses to lay off employees or to decide to buy no insurance coverage for their employees at all.''

Members of Congress have raised concerns with the administration's implementation of the 2009 law and to no avail. So we are here once again, Mr. Speaker, clarifying what was already made clear in the hopes the Department of Labor will finally get it right.

H.R. 3896 amends the Longshore Act to define what a ``recreational vessel'' is in order to convey the true intent of the 2009 law. The bill cleans up any regulatory ambiguity and helps ensure maritime employers have access to affordable workers' compensation coverage for their employees.

With that, Mr. Speaker, I urge my colleagues to support H.R. 3896, and I reserve the balance of my time.

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