Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels
workers-comp · Office of Workers' Compensation Programs · Published 2011-12-30 · Effective 2012-01-30 · 76 FR 82117
Document
Document number
2011-32880
Federal Register citation
76 FR 82117
CFR reference
20 CFR 701
Type
Rule
Action
Final rule.
Category
workers-comp
Sub-agency
Office of Workers' Compensation Programs
Publication date
2011-12-30
Effective date
2012-01-30
Abstract
This final rule contains regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel workers from the LHWCA's definition of "employee." These regulations clarify both the definition of "recreational vessel" and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The final rule also withdraws a proposed rule that would have codified current case law and the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes "maritime employment" within the meaning of the statute.