Definitions under SPA procedures

Under 1986.101(m), a "seaman" is any individual engaged or employed in any capacity on board a U.S.-flag vessel or any other vessel owned by a citizen of the United States, except members of the Armed Forces.

This definition also explicitly includes:

• individuals who previously performed that work (former seamen), and
• applicants for such work.

For practical purposes, anyone working aboard a covered vessel, someone who used to work aboard, or someone applying to work aboard is covered as a seaman under the SPA. 1986.101(m)

Under 1986.101(l), the "respondent" is the person alleged to have violated 46 U.S.C. 2114 (the SPA whistleblower protection provision).

This can include employers, vessel owners, managers, or any entity or individual accused of retaliating against a seaman for protected activity. 1986.101(l)

Under 1986.101(q), "vessel owner" includes all of the agents of the owner, including the vessel's master.

That means the owner’s representatives and those acting for the owner (for example, company agents, managers, or the ship’s master) can be treated as the vessel owner for SPA enforcement and complaints. 1986.101(q)

Under 1986.101(p), "vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

In practice this is a broad definition that covers large ships, barges, tugs, and smaller craft that can be used for transportation on water. Whether a craft is used commercially or recreationally, if it is capable of transportation on water it falls within this definition. 1986.101(p)

Under 1986.101(d), a "Citizen of the United States" includes: an individual who is a U.S. national as defined in the Immigration and Nationality Act, corporations incorporated under U.S. or State law, business entities whose controlling interest is owned by U.S. citizens or whose principal place of business is in a State, and U.S. governmental entities.

Key practical points:

• A corporation’s controlling interest is considered owned by U.S. citizens if a majority of its stockholders are U.S. citizens.
• The definition includes entities whose principal place of business or base of operations is in a State. 1986.101(d)

Under 1986.101(f), to have "cooperated" means any assistance or participation with an investigation at any stage, regardless of the investigation’s outcome.

Examples include providing testimony, documents, witness names, or participating in interviews; cooperation is not limited by whether the investigation finds a violation. 1986.101(f)

Under 1986.101(e), the "complainant" is the seaman who filed an SPA whistleblower complaint or the seaman on whose behalf a complaint was filed.

This means the individual alleging retaliation is the complainant, whether they filed personally or someone filed for them. 1986.101(e)

Yes. Under 1986.101(r), any future amendments to the SPA that affect the defined terms will apply in place of the definitions listed in this section.

So if Congress or another authority amends SPA definitions, those updated definitions govern SPA procedures going forward. 1986.101(r)

Under 1986.101(b), the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) to whom that authority is delegated.

This identifies the official responsible for overseeing SPA procedures and any delegates who act with that authority. 1986.101(b)

Under 1986.101(n), "Secretary" means the Secretary of Labor or persons to whom the Secretary has delegated authority.

This term identifies the Department of Labor official with final delegated responsibilities under the SPA. 1986.101(n)

Under 1986.101(c), "business days" are days other than Saturdays, Sundays, and Federal holidays.

When counting time for filings or deadlines under SPA procedures, exclude weekends and Federal holidays from the count. 1986.101(c)

Under 1986.101(h) and 1986.101(k), "notify/notified" and "report/reported" include any oral or written communications.

Practically, that means emails, letters, phone calls, in-person statements, and other verbal or written messages all qualify as notice or reports under SPA procedures. 1986.101(h), 1986.101(k)

Under 1986.101(g), "maritime safety law or regulation" includes any statute or regulation regarding health or safety that applies to any person or equipment on a vessel.

This covers federal or applicable state maritime health and safety statutes and regulations that protect seamen or vessel equipment. 1986.101(g)

Under 1986.101(j), "person" means one or more individuals or other entities, including but not limited to corporations, companies, associations, firms, partnerships, societies, and joint stock companies.

So employers, corporate entities, partnerships, and individuals can all be considered a "person" under SPA rules. 1986.101(j)

Under 1986.101(o), "State" includes the 50 United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

This means SPA procedures and definitions apply across these U.S. states and territories. 1986.101(o)

Under 1986.101(i), "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor.

References to OSHA in SPA procedures point to this federal agency, which handles investigations and enforcement under the Act. 1986.101(i)

Yes. Under 1986.101(m), the definition of "seaman" explicitly excludes members of the Armed Forces.

All other individuals engaged or employed on covered vessels, including former workers and applicants, are included unless they are Armed Forces members. 1986.101(m)

Yes. Under 1986.101(p), a "vessel" covers every type of watercraft or artificial contrivance used, or capable of being used, as a means of transportation on water, which includes small recreational boats that are capable of transporting people or goods on water.

If the craft can function as transportation on water, it meets the definition of "vessel" for SPA purposes. 1986.101(p)

Under 1986.101(d), a corporation’s controlling interest is considered owned by U.S. citizens if a majority of the stockholders are U.S. citizens.

Practically, this means more than 50% of voting ownership by U.S. citizens establishes controlling interest for the citizen-based definition. 1986.101(d)

Yes. Under 1986.101(q), the vessel's master is explicitly included among the agents of the owner and therefore is considered part of the "vessel owner" for SPA matters.

This inclusion means actions by the master can be attributed to the vessel owner in complaints or investigations. 1986.101(q)