EMBARC on New SASH Reporting on U.S. Vessels: How Sexual Assault and Sexual Harassment is Reported in the Maritime Industry and Key Issues for All U.S. Flag Commercial Vessel Operators

When Congress enacted the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, it included several provisions requiring owners and operators of U.S. flag commercial vessels to report complaints and incidents of sexual harassment and sexual assault ("SASH") to the U.S. Coast Guard. This follows the U.S. Department of Transportation (DOT) requirement that all commercial vessel operators that carry cadets adopt and follow the Maritime Administration agency guidance entitled "Every Mariner Builds a Respectful Culture" (EMBARC)-a set of standards and procedures to help prevent and respond to incidents of SASH. EMBARC is also intended to guide the provision of appropriate support to survivors of SASH and other forms of misconduct. The presentation provides an overview of EMBARC, the new SASH law by examining the relevant changes to the law, the potential civil penalties for failing to report such incidents, and a practical analysis of how this law will change the handling of seafarer claims under the Jones Act and the general maritime law.

Learning Objectives:

1. Discuss the background on SASH/EMBARC laws
2. Identify reporting requirements and what must be reported
3. Analyze how SASH laws will affect the Jones Act and unseaworthiness claims
4. Review the ambiguities in the new law