maritime dry docking

What Is Dry Docking? Legal Considerations for Maritime Workers

Ship maintenance requires access to the underside of the vessel which is typically underwater. Dry docking provides this access in a shipyard or in the open ocean. The dry docking process is subject to several safety regulations. These rules and other legal protections give maritime workers legal remedies in the event of injury. 

Overview of Dry Docking 

Dry docking is a process to facilitate the repair or maintenance of ships. Maritime workers bring the ship out of the water to a dry dock facility using specific procedures and special equipment. They raise and secure the ship above the ground, allowing for work and inspection to happen on parts that are usually underwater. 

Importance of Dry Docking in Maritime Operations 

Dry dock operations are critical for the ongoing safety, reliability, and efficiency of marine vehicles. Federal regulations require that towing vessels have dry dock inspections at least once or twice in a period of five years, with no more than 36 months between examinations if the ship has an extended period of salt water exposure. 

Besides required inspections, dry docking is vital for routine maintenance and minor repairs. It allows for access to and visibility on the parts of the ship normally below the water line, including the propellers and hull. 

Types of Dry Docks 

Each type of dry dock uses a different process to safely remove the ship from the water and expose the bottom to facilitate maintenance. 

  • Graving docks are built into dry land at the shoreline. Workers flood the dock with water and guide the ship inside. They then close the dock’s gate and pump the water out. Graving docks are typically used for larger vessels.  
  • Floating docks are mobile units that can go to the site of a marine accident or emergency offshore repair. The ship goes into the U-shaped dock which is slightly underwater. Then ballast water is removed from the ship, allowing it to float and rise above the water line.
  • Marine railways or slipways are sloped platforms that go into the water. Workers pull the ship along the slipway track through the water and up onto the platform. Slipways facilitate minor repairs or routine maintenance on smaller vessels. 
  • Syncrolift docks or shiplifts use lifting cradles to raise the ship out of the water along with a platform from which workers perform repairs and maintenance.

Dry docking of any type comes with risks to worker safety. Graving docks especially have a particular set of hazards connected to the basin and the equipment used to raise the ship. 

The Dry Docking Process 

Before the dry docking period, shipyard personnel must plan the work. This involves assessment of the vessel condition and determining the maintenance scope. They estimate how long the dry docking will take and the number of people who must be on-site for inspection and repairs. The shipyard also has to know if the ship contains hazardous materials or sewage and prepare emergency facilities like fire hoses and water connections. 

This logistical analysis happens well in advance of the ship coming into dry dock. This involves extensive coordination between the shipowner and the shipyard. Both parties have to agree to safe access to the yard and prepare for changeovers in supplier and service personnel. Communication of safety standards and regulations happens at all stages.  

There are several steps involved in the graving dry dock process:

  • Preparation of the graving dock: Personnel set keel blocks in the dock. These support the ship’s keel, a structural part of the ship’s hull that gives it stability. The shipyard also sets lines and puts people in position to handle the ship.
  • Flooding of the dock: Water floods the dock so the ship can float inside.
  • Removal of the dock barrier: The barrier is removed so the ship can come into the dock.
  • Bringing the ship inside: Personnel use a series of gears called dock winches to position the ship inside the dock. They verify that the ship is supported by the keel blocks and will remain stable when the water flows out.
  • Pumping out the water: Workers pump the water out of the dock so the ship is supported by the keel blocks and support structures alone. The underside of the ship is now accessible.
  • Performing maintenance: Personnel clean, inspect, repair, and otherwise maintain the underside parts of the ship.
  • Conducting quality control: After repair work is complete the maintenance is reviewed to ensure standards are met. This quality control confirms the ship’s hull has structural integrity.

Dry docking operations must comply with maritime law to ensure the safety of the vessel. They also have a responsibility to personnel. Workers can sue under the Jones Act if they are injured during the dry docking process. The Jones Act is also called the Merchant Marine Act of 1920. It is a U.S. law that regulates shipping in U.S. waters and between U.S. ports.

Maritime law has many layers because different jurisdictions might apply. Legal action might still be possible if the victim has been injured in international waters. The details of a specific case help determine what legal options are available. 

Legal Considerations for Maritime Workers 

Ship maintenance and other maritime jobs that are prone to injury fall under several legal regimes. As a result, there are several parties who might be responsible if someone is hurt during dry docking. 

Contractual Liabilities With Shipyards 

The shipowner contracts with a shipyard to perform dry dock operations on the vessel. Under this contract, the parties should agree on who pays if there is damage to the vessel. The contract also outlines who’s responsible for safety during repairs and maintenance. It therefore should be a comprehensive agreement that acknowledges the many components of dry docking including the safety of the people who perform the work.

If someone is hurt during the dry docking process it might be possible to sue the shipowner, the shipyard, or both. The terms of the contract can provide guidance as to how the parties, and their insurance companies, handle these events. In the event a shipowner or shipyard has not held up its obligations under the contract, it might hold greater responsibility to the other party and to the injured worker.     

As with the most common accidents in the maritime industry, an injured person can recover damages for injuries that impact their physical or mental integrity, health, or well-being.  

Safety Regulations and Standards 

The Occupational Health and Safety Administration (OSHA) sets specific standards for access to dry docks and marine railways. This helps support the safe access of workers to the graving dock or slipway while they are on the job. If a shipyard does not provide access in compliance with OSHA regulations, it can be subject to a penalty.

Access regulations are just one example of the OSHA rules that reduce hazards from ship repair. Safety standards are also in place to help prevent injury from exposure to toxins, sewage, and elevated risk in confined spaces. Workers must also have proper protective equipment when using dangerous equipment for welding and cutting ships during repair.

Injury Risks in Dry Docking Operations 

Among the most serious risks for dry docking personnel is the improper placement of keel blocks, or the use of keel blocks that are not strong enough to hold the ship. If the blocks do not hold the ship it can tip over. The impact can cause serious injury or fatality. It might also result in the release of toxic substances or materials which can harm many people in the area.

Among the many risks of dry docking are:

  • Exposure to hazardous materials
  • Falls from heights in the dry docking area or in nearby water
  • Injury from equipment malfunction such as welding torches 
  • Failure of safety equipment such as respiratory masks or eye goggles
  • Injury from improper procedures such as improper placement of keel blocks

Among the kinds of injuries a person can experience are:

  • Burns
  • Broken bones
  • Head and neck injuries
  • Spinal cord injuries
  • Loss of limb function or amputation
  • Toxic exposure
  • Fatality

OSHA states that catastrophic injuries are usually preventable as long as proper safety procedures are followed. These procedures are essential not only in dry docking but also when the ship has finished maintenance and is launched back into the sea.  

Rights of Maritime Workers During Dry Docking 

Maritime workers perform important and highly dangerous work. Because of this elevated danger, legal protections are in place to keep workers safe on the job. Despite these legal safeguards injuries and fatalities unfortunately still happen during dry docking operations. 

Employer negligence and unsafe conditions can play a role in these injuries. Morris & Dewett lawyers know maritime law inside and out, and we’ll provide the resources you and your family need as you seek compensation and justice.

To learn more, contact Morris & Dewett today.

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