Maritime Injury Lawyer Blog

The Ohio River is expected to reach 52 feet which is flood stage in the Cincinnati Harbor on March 15, 2010. The river is expected to rise approximately 8 feet from Sunday March 14th to Monday March 15th. Jones Act crews and Longshore dock workers are busy preparing for the extra work occasioned by the rapidly rising river level. It is not unusual to see barges break away from Ohio River landings under these type of conditions. Unfortunately, Ohio River dock owners and vessel owners typically do not add extra crew personnel to assist with the additional work load. Jones Act and unseaworthiness liabiliity claims can be established by proving the Jones Act employer or vessel owner failed to provide for adequate crew members to handle emergency situations such as rapidly rising or falling pool levels and flood waters. If you have been injured as the result of an inadequate number of crew members please feel free to call Steve Schletker at (800) 254-7487 for a free consultation.

Beaver County officials are working on the development of an Ohio River Port Authority. The Authority would facilitate projects such as the construction of docks on the Ohio River. Commercial river docks are used to load and unload a number of commodities along the Ohio River including coal, grain and rock salt. Workers engaged in the loading or unloading of products at these facilities would likely be covered by the federal Longshore and Harbor Worker Compensation Act. These type of jobs are difficult and dangerous. Accidents are an inevitable consequence of performing such dangerous work. If you have been injured in an occupation on the inland waterways including the Ohio River and Great Lakes, please feel free to call Steven Schletker for a free consultation.

The Indian Head Rock is an eight-ton bolder that for years sat on the bottom of the Ohio River near Ironton, Ohio - Ashland, Kentucky. Three years ago an Ironton, Ohio historian implemented a plan to remove the Indian Head Rock from the Ohio River. Kentucky officials believe the State of Kentucky is the rightful owner of the bolder and argue the rock was improperly removed from the Ohio River. After three years of motions, discovery and pleadings, a trial has been set before U.S. District Judge Henry R. Wilhoit Jr. to occur on May 11. A motion filed by the attorney who represents the historian argues any dispute involving items taken from the Ohio River becomes one between states, putting it in the exclusive jurisdiction of the U.S. Supreme Court. Judge Wilhoit will have his hands full sorting this one out.

McGinnis Inc., received a preliminary permit to investigate the potential of building an Ohio River hydroelectric generating station at the New Cumberland Locks and Dam.

New Cumberland Locks and Dam is located on the right descending bank of the Ohio River, just off Ohio State Route 7 at the small town of Stratton, Ohio. Across the river and two miles downstream lies New Cumberland, WV, the originally planned site of the lock and dam, and hence its namesake. The tall stacks and white steam of the coal-fired Ohio Edison Sammis Power Plant between Stratton and neighboring Port Homer tower over the project.

The Plan calls for placement of massive turbines on a vessel structure in the Ohio River. The force of the Ohio River will spin the turbines and generate electricity. McGinnis would then sell the electricity to a power plant.

This business opportunity may well create additional crew member and longshore jobs on the Ohio River. The project is a win-win. Best of luck to McGinnis and to their dedicated work force who will implement the plan.

The 1,200 foot long main chamber at Markland Locks and Dam on the Ohio River between Louisville, Kentucky and Cincinnati, Ohio is scheduled to reopen on March 1, 2010. Traffic had been limited to the auxiliary chamber since September. This resulted in long delays for towboats waiting to lock through and created additional labor for already overworked towboat crews. The reopening of the main chamber will be welcomed by industry and labor.

After 3 1/2-weeks the main lock chamber at Greenup Locks & Dam (down river from Ashland, Kentucky - Huntington, West Virginia) has been re-opened to river traffic effective Monday February 22. The main lock closed on January 27 when an anchorage support on one of the gates broke. The 240-ton gate was repaired, inspected and reinstalled on February 19.

On February 23 - 25 the Army Corps of Engineers will hold a series of meetings to discuss balancing environmental versus commercial usage of the Ohio River. Industry and commercial docks are located throughout the Ohio River basin. Given the scarcity of available jobs it is of maximum importance to offer assistance to create a business friendly environment for industry. Industry must then share the benefits afforded by government with the laborers who actually perform the work that earns the company profits. Governor Strickland has pledged to work in concert with industry and labor to facilitate the creation of jobs, while at the same time preserving the integrity of the Ohio River Basin. Practicing maritime law, I have seen many occasions where management attempts to cut working men and women out of the fruits of good times. It is of great importance that the Army Corps of Engineers meetings facilitate cooperation between government, industry and labor.

Traffic on the Ohio River (downriver from Ashland, Kentucky / Huntington, West Virginia) has been severely slowed due to repairs to the Greenup Locks and Dam. Good news for maritime workers and industry alike. The damaged gate at the Greenup Locks and Dam on the Ohio River was repaired and lifted back into its chamber on Friday February 19. Corps of Engineers officials say it will take a week or more before the locks are fully functionaly. The main chamber has been closed since January 27.

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Working as a deckhand, pilot or dock worker on the Ohio River is always difficult. A difficult job is made even more dangerous in rapidly rising or descending current. In light of the harsh late winter the Ohio River valley has experienced and in anticipation of spring rains and melting snows, the decision has been made to keep river depths at winter levels. United States Army Corps of Engineers officials are delaying raising pool levels of the Ohio River. The Corps of Engineers typically starts raising Ohio River pool levels to summer depth in late January/early February. This process will be suspended for several weeks to protect against spring flooding.

This measure is welcomed news to deckhands, pilots, dock workers and all maritime workers. Flood waters pose a severe safety hazard that should be avoided to the greatest extent possible. When rivers start to rise, vessel owners and Jones Act employers should add additional crew members in recognition of the additional work and pressure placed on their employees. The Corps of Engineers' action is a good first step to maximizing crew member safety.

Looking out of my office window at the Ohio River, I frequently see U.S. Coast Guard patrolling the Port of Cincinnati. A recent article by David Helvarg detailed some interesting facts about the Coast Guard:

The USCG has saved about one million lives since its founding 220 years ago;

It had the first ships, planes and military doctors on the ground after the recent Haitian earthquake;

The Coast Guard performed admirably after Hurricane Katrina , rescuing over 33,500 of the 60,000 citizens who were pulled from harm's way;

They evacuated 500,000 people from lower Manhattan after the 9-11 attacks.

Coast Guard vessels frequently accompany red flag tanker barges with hazardous cargo through the port of Cincinnati. With all of the activity on the Ohio River including Paul Brown Stadium and Great American Ballpark, the Coast Guard's mission is all the more important.

Although the federal budget has ballooned over the past decade, the Coast Guard has seen nickel and dime budget increases and, in 2010, is slated for a budge reduction. Considering the great job they do in support of maritime safety, the Coast Guard should be adequately funded. The taxpayers actually see bang for their buck with Coast Guard expenditures. Labor and industry should join in support of additional funding for the United States Coast Guard.

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In recent weeks Markland Locks and Dam on the Ohio River between Kentucky and Indiana, and Greenup Locks and Dam on the Ohio River between Kentucky and Ohio have been in the news for massive breakdowns that have brought commercial navigation to a virtual halt. The Locks and Dam infrastructure is in need of repair throughout the Ohio River. A major repair/replacement project is underway at the Montgomery Lock and Dam (Ohio River - down river from Pittsburgh). Eight of ten gates are in need of immediate repair or replacement. Several other gates at the Montgomery Locks and Dam are at risk of failing in the near future and are in need of immediate repair or replacement. A shut down of Ohio River locks and dam results in major interruption to commercial traffic. Ohio River tows remain log-jammed at Greenup Locks and Dam (down river from Ashland, Kentucky/ Huntington West Virginia) as the Army Corps of Engineers work on repairs to the main chamber gate. The Army Corps of Engineers hope to complete the Montgomery Locks and Dam repair/replacement project prior to a catastrophic failure that would cause a severe disruption to commercial traffic.

Construction is moving forward on another Ohio River hydroelectric generating station. The project is providing work for numerous skilled maritime workers. Depending on the status of their job duties, those workers may be covered by the Jones Act, Longshore Act or State workers' compensation. Those workers assigned as crew members on towboats servicing the construction project may be covered by the Jones Act and General Maritime Law. Workers who are assigned to floating platforms, barges and other adjacent maritime areas who are not permanently assigned as crew members in navigation may be covered by the Longshore Act. Workers who reach their work station by crossing permanent land structures may be covered by state workers' compensation. Of course, it is not possible to give a blanket description of all workers covered by a particular compensation scheme. Each person's work experience, job duties and case is different. A personal review of your case will be required before hard advice can be given on whether to file under the Jones Act/General Maritime Law, Longshore Act or under state workers' compensation. If you are injured within the scope of your employment while working on the Cannelton Locks and Dam hydroelectric project, or another maritime site, please feel free to call Steve Schletker (800) 254-7487 for a free consultation.

In the recent past numerous Indiana riverboat casino workers enjoyed the protection of the Jones Act and General Maritime law. When the Indiana legislature removed the requirement that riverboat casinos travel in navigation, most (but not all) casino employees lost their Jones Act and maritime status. The Indiana legislature is now working on a bill that would permit Ohio River and Lake Michigan casinos to move inland. The Indiana state Senate worked on this issue earlier in the session. The initial draft of the bill would have permitted casinos to move away from navigable waterways. This provision was removed from the bill but language was substituted that removed the requirement that casinos be manned with maritime crews. Considering the unpredictable nature of Lake Michigan and the Ohio River, safety mandates riverboat casinos being fully staffed with maritime crews. The Indiana House of Representatives is working to move forward with the provision that would permit casinos to move inland. Additional work is expected to occur on the issue this legislative session.

Tow boats and maritime commerce on the Ohio River, Great Lakes and Tennessee River will benefit by allocations in the 2010 Federal Budget. Infrastructure projects on the inland waterways are coming under heightened scrutiny in light of failures at the Greenup Locks and Dam on the Ohio River (down stream from Huntington, West Virginia - Ashland, Kentucky) and Markland Dam (near Carrolton, Kentucky) which is also on the Ohio River.

2010 allocations include $400,000 for the Great Lakes Navigational System Study;
$2.8M for construction at Kentucky Lock on the Tennessee River; and
$5.4M for construction at Markland Dam.

See the Corp's FY2011 Budget here

WATERWAYS COUNCIL, INC.
NEWS RELEASE WATERWAYS COUNCIL, INC. STATEMENT ON GATE FAILURE AT GREENUP LOCKS AND DAM

WASHINGTON, DC - Waterways Council, Inc. (WCI) President & CEO Cornel Martin has issued the following statement regarding the January 27, 2010 failure of the miter gate at the main lock chamber at Greenup Locks and Dam on the Ohio River near Huntington, West Virginia. As a result of this incident, the Ohio River was closed to navigation for several days. The main chamber will remain closed for at least up to eight weeks. The auxiliary lock is currently back in operation; however, as repairs progress on the main chamber additional closures of the auxiliary lock may occur.

The failure of the miter gate arm and the decision to curtail lockages through the auxiliary chamber at Greenup may cause serious delays for the shippers who rely on an efficient inland waterways system to transport America's critical cargoes such as coal, grain, soybeans, petroleum products, and aggregate materials. Consumers who depend on these products may also be impacted by the delays and higher costs incurred while the river and this structure is closed.

The estimated value of the losses to operators from this closure of both chambers was roughly $2 million a week. Based on Corps of Engineers data, the average* number of lockages through both the main and auxiliary chambers between the first quarters of 2007, 2008 and 2009 (for seven days) was 113 commercial boats ($1 million) pushing 1,091 barges ($1 million). *(The weekly average was calculated against first quarter volumes only for those 3 years). These figures do not consider other equipment that is delayed by this closure or the costs/losses to shippers and the impact to state and local economies.

According to the Corps, this latest incident is one of seven major closures at Greenup over the last 13 years, totaling more than $26 million in transportation delay costs. As a result of an eight-week main chamber closure in 2003, transportation delay costs were $13.2 million, and ripple-effects from the closure totaled $30 million.

Currently, 25% of locks and dams on the Ohio River have exceeded their design life. Within 10 years, that number will double.

The Greenup closure is on the heels of a September 27, 2009 failure of the miter gate at Markland Locks and Dam on the Ohio River near Cincinnati that required the main, 1,200-foot lock chamber to close, leaving only the 600-foot auxiliary chamber to accommodate traffic until the repair is completed. That 1,200 foot chamber is still closed four months later impeding traffic.

Waterways Council, Inc. urges attention to the critical problem of aging waterways' infrastructure, and higher funding levels for Operations and Maintenance because the current 'Fix-as-Fail' approach to maintaining the nation's lock and dam structures has serious flaws, is hurting our economy and threatening jobs, as witnessed at Greenup and at Markland.

In a speech at a recent town hall meeting in Ohio, President Obama said, "...And we made the largest investment in infrastructure since the creation of the Interstate Highway System, putting Americans to work rebuilding our roads, bridges, waterways -- doing the work that America needs to be done."

WCI urges President Obama and Congress to continue to invest in America's waterway's as they consider the jobs legislation and other funding measures being considered on Capitol Hill. We must invest in America's waterways to keep America moving.

WATERWAYS COUNCIL, INC.
NEWS RELEASE WATERWAYS COUNCIL, INC. STATEMENT ON GATE FAILURE AT GREENUP LOCKS AND DAM