Longshore Act Amended

The American Recovery and Reinvestment Act of 2009 (commonly known as the "Stimulus Package")contained a provision that amends §2(3)(F) of the Longshore and Harbor Workers'''' Compensation Act 33 U.S.C. 902(3)(F)).

OLD LAW

Under the prior law, the following employees were excluded from coverage: "individuals employed to build, repair or dismantle any recreational vessel under sixty-five feet in length."

NEW LAW

The same provision now excludes "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."

ANALYSIS:

This amendment expands the type of employees who can be excluded under the Act with respect to the repair and dismantling of recreational vessels.Those who build recreational vessels over sixty-five feet and/or who build or repair commercial vessels (with the exception of those covered by the "small boat exclusion) are still covered under the Longshore Act. 

The amendment does not change the requirement that any employee that the employer wishes to exclude from coverage must be covered under the state workers'''' compensation law.