Breaking News: Changes to Longshore and Harbor Workers Penalty Process Proposed

The U.S. Department of Labor’s Office of Workers’ Compensation Programs has issued a notice of proposed rulemaking to revise procedures for imposing and appealing monetary civil penalties established by the Longshore and Harbor Workers’ Compensation Act. It was published Sept. 12 in the Federal Register.

The act protects workers who are disabled by work-related injuries that occur in U.S. waters or in areas used for loading, unloading, repairing or building vessels. The law provides for compensation, medical care and occupational rehabilitation services. It also regulates the payment of survivor benefits to dependents in the event a worker’s injuries cause or contribute to their death.

Officials said the proposed changes will:

• Provide individualized failure notices
• Update procedures for contesting penalty determinations
• Improve transparency and fairness in the enforcement process
• Establish guidelines for legally binding penalty assessments

Comments must be submitted by Nov. 13, 2023.