Where Have All of the U.S. Citizen Offshore Workers Gone?
Even though it has been almost four years since Hurricane Katrina and production levels on the Outer Continental Shelf (OCS) are experiencing a temporary decline due to the downturn in the economy, there continues to be a demand for foreign personnel to work in support of OCS activities. From welders to caterers, from chief engineers to deck hands and commercial divers, foreign personnel continue to fill critical positions onboard vessels and platforms. The question remains, where have all of the
The shortage, or unavailability, as it is technically called, has recently received the attention of the Coast Guard's National Offshore Safety Advisory Committee (NOSAC), which formed a subcommittee at its last meeting to develop criteria for the Coast Guard to use in determining if an actual labor shortage exists and to define what constitutes an emergency need. In order to understand this issue, it is important to first understand the citizenship restrictions that are placed on OCS operations.
Through the Outer Continental Shelf Lands Act (OCSLA) and its amendments, Congress announced that the U.S. Constitution and laws and civil and political jurisdiction of the
This citizenship restriction typically becomes an issue in three different situations: (1) a U.S.-flag vessel or offshore platform cannot find enough U.S. citizens or resident aliens to fill its regular complement (i.e., unavailability); (2) a U.S.-flag vessel with a U.S. crew or an offshore platform needs to supplement its crew with foreign specialists, professionals, or other technically-trained personnel to handle emergencies or other temporary operations; and (3) a foreign-flag vessel with a foreign crew has to route relief crews through the United States or make U.S. port visits. A common theme that runs through all three situations is the requirement for foreign workers to possess a B-1 (OCS) visa in order to be allowed ashore in the
Foreign-Flag Vessels
In general, under the OCSLA manning requirements, the crew of any vessel engaged in OCS activities, whether
Unavailability of
This situation is directly linked to the number of
Foreign Specialists and Technically Trained Personnel
With respect to specialists and other technically-trained personnel, the exemption is typically only granted in emergency situations or for other temporary operations. An example of a situation where this type of exemption would be applicable is following a major hurricane event that results in widespread destruction that requires additional personnel, particularly to assist with the assessment of damages and repairs of offshore platforms.
One of the pieces of data that the Coast Guard uses to determine if an emergency situation exists is the percentage of oil and gas that is shut-in as reported by the Minerals Management Service.
For example, immediately following the 2005 hurricane season, the shut-in percentage was approximately 95 percent, and following the 2008 season it was approximately 59 percent; both of these were considered to be emergency situations. A situation that could constitute a temporary operation is where a foreign specialist is brought onboard a vessel or platform to either install a new piece of equipment or to train the regular crew on its use.
These exemptions are issued by the local Officer in Charge of Marine Inspections in the particular Coast Guard Sector where the operations will occur and include, among other things, the name and passport information for the particular specialist, the project information, and the estimated duration of the project. These exemptions may be granted for a set time period of time that could range from one week, to several months, or a year, depending on the particular circumstances. Based on the issuance of such an exemption, a foreign worker may obtain a B-1 (OCS) visa. The strict citizenship requirements imposed on OCS operations, coupled with the requirement for offshore workers to possess a B-1(OCS) visa when traveling in the
Whether you are a small company that has resisted bidding on a larger contract because you are unsure where the qualified personnel would come from, a company that wants to contract with a foreign-flag vessel but does not want to deal with contract delays due to personnel issues, or a platform or vessel owner in need of a foreign specialist to assist with a new equipment installation, the exemptions discussed above may be the answer.
Given that the failure to secure the exemption and/or the proper visas for the personnel can result in fines, penalties, lengthy operational delays and personnel issues including deportation, it is strongly encouraged that
Reprinted with the permission of Marine News.