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Gov’t RRF ship workers: Are you unfairly burdened by ROS skeleton crew?

Any mariner who has ever been part of a government Ready Reserve Force (RRF) crew during Reduced Operational Status (ROS) knows how demanding it can be for the skeleton crew to maintain the ship's seaworthiness. In ROS, eight crewmembers or less may be responsible for keeping a ship upwards of 600-feet long in a state of readiness for activation within four days. When a ship sits in ROS for months or even years since its last activation, complacency often sets in and preventive maintenance may slack off.

Oftentimes, the activation order is sudden and unexpected. Not surprisingly, the crew may be under enormous pressure to get the ship ready for sea. Hatch covers may have to be closed and secured, mooring lines replaced, winches repaired, lifeboat provisions re-stocked, fire and emergency drills conducted and a myriad of other duties required in a very short time.

That sudden and enormous pressure may encourage if not coerce the understaffed crewmembers to try and do too much, too soon, thereby putting themselves at physical risk.

Take the case of Frank Drapela. He was bosun on the RRF ship M/V Cape Victory which was moored at the National Defense Reserve Fleet in Beaumont, Tx. He had worked on the ship since 1998. Keystone Shipping Services Inc. managed the vessel.

In February, 2007, Drapela was assigned by chief mate Kevin Brooks to free up 165 D-rings in preparation for activation. D-rings are used to fasten cargo to the deck. Anyone who has ever tried to do this job knows just how difficult a task it can be. Because those rings are on the deck and constantly exposed to the weather, they become corroded with rust. Normally there are no grease fittings on them and the only way to loosen them up is by spraying lubricant and using so-called Norwegian Steam, i.e. hands and arms.

So that's what Drapela did. He used a sledge hammer, pry bar and welding rod to free them up. One by one. 165 in all.

For three days, Drapela worked alone on what almost literally was a backbreaking job because of the skeleton crew available. Or in his case, a neck breaking job. On the morning of the fourth day, he awoke to excruciating pain in his forearm, head and neck, unable to move two fingers on his right hand. A physical examination revealed he had four bulging discs in his neck. Surgery helped ease the pain but he claimed he was rendered unable to work and suffered from depression.

Drapela sued the government for an unseaworthy vessel and was awarded $432,166 because of insufficient manpower and inadequate tools. Subsequently, he did not prevail on a Jones Act negligence claim.

The government appealed the case to the Fifth Circuit Court of Appeals, which upheld the lower court ruling on March 22, 2011.

According to the Court:

Brooks told Drapela that he "knew what to do," which Drapela understood to mean that he should start loosening the D-rings through physical force as he had been taught on a prior occasion.

Why did the chief mate not have Drapela use a fork lift blade to move the D-rings back and forth as is customary on other RRF ships? It would have moved the process along faster and been much less physically taxing.

Read the full decision of Frank Drapela v. United States of America in our article library here.

If you are an ROS crewmember who has been injured after being ordered to perform a demanding task without assistance, contact an experienced maritime firm at once.

Source: United States Court of Appeals for the Fifth Circuit

Learn your rights as a seaman by ordering free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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