Office of Workers' Compensation Programs (OWCP)

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Division of Longshore and Harbor Workers' Compensation (DLHWC)

2009 Amendment to the Longshore and Harbor Workers' Compensation Act

On February 17, President Obama signed into law the American Recovery and Reinvestment Act of 2009.  Included in this law is a section that amends the Longshore & Harbor Workers' Compensation Act by excluding from Longshore Act coverage all workers engaged in recreational vessel repair, provided they are subject to coverage under a state workers' compensation law.  The previous language excluded only those workers who repaired recreational vessels under 65 feet in length and were subject to state workers' compensation coverage.

The Department of Labor is studying the amendment to determine its effect on workers, employers, and insurance carriers. 

Section 803 of the American Recovery and Reinvestment Act states: 

SEC. 803. ELIGIBLE EMPLOYEES IN THE RECREATIONAL MARINE
INDUSTRY. Section 2(3)(F) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902(3)(F)) is amended-

(1) by striking ", repair or dismantle"; and

(2) by striking the semicolon and inserting ", or individuals
employed to repair any recreational vessel, or to dismantle
any part of a recreational vessel in connection with the repair
of such vessel;"

Here is what this new language will look like in Section 2(3)(F) of the Longshore Act, showing first the language before the amendment and, second, in italics, the amended version incorporating the 2009 changes:

Section 2(3)(F), 33 U.S.C. § 902(3)(F), prior to the amendment:

(3) The term "employee" means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include

* * * *

 (F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length;

* * * *

if [such] individuals...are subject to coverage under a state workers' compensation law.

Section 2(3)(F) after the 2009 amendment :

(3) The term "employee" means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include

* * * *

(F) individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;

* * * *

if [such] individuals...are subject to coverage under a State workers' compensation law.