Freeport, Texas Oil Rig Dismantled After Injury and Pollution Concerns

The last remnants of a dilapidated and unseaworthy vessel, the jack-up oil rig Zeus, that had been left standing in the Freeport channel south of Houston, Texas, have finally been removed, putting an end to two years of concerns over maritime pollution and the potential for injuries that could occur as a result of the toppling of the giant structure.

Zeus Jack-up Drilling Rig - Freeport, Texas

Early in November, Kevin Hoot Construction Co. the company that won the bid to remove the structure completed the final stages of the removal, pulling out the last of the rig's one million pound feet from the sea bed. The feet of the rig are already on their way to junkyards across the state, where they will be cut up to be sold as scrap. A decision on where the rig, a Freeport landmark will finally be laid to rest is yet to be taken. The Zeus Mobile Offshore Drilling Unit (MODU) had been left standing in the channel, for over 17 years. In 2004, the platform was sold to Sanship Inc. for a sum of$1. For years before that, the 190-feet-tall rig has acted as a beacon for fisherman and jetties, and has been a much-loved part of the Freeport skyline.  Its tearing down has been an emotional experience for most residents. 

The platform would have been left standing for much longer, if it hadn't been for the fact that port officials noticed it was leaking pollutants into the water about two years ago. Soon after, the US Coast guard expressed its apprehension that a tornado or hurricane could cause the structure to collapse, blocking off the mouth of the channel. The owner Emilio Sanchez, was ordered to get the structure dismantled, and when he refused, the Texas Land Office was entrusted with the task of tearing down the platform.

The project was extremely hazardous in nature, and required at least two weeks of preliminary ground work just to make it safe enough for the maritime workers to get up on the rig. Zeus' massive bulk, coupled with its heavily rusted framework made workers extremely susceptible to maritime injuries, but the project was executed successfully. Most of the structure was torn down in time to avoid a possible collapse under the onslaught of Hurricane Ike, which tore through the Texas coastline just a couple of months later. The feet of the rig were the last to go, dug out and dismantled in November.

The giant rig will be missed by Freeport residents, especially its fishing community, but there's no doubt that a major environmental and maritime injury hazard has been eliminated now that the Zeus has finally been laid to rest.

Unseaworthy vessels threaten safety of maritime workers

Unseaworthy vessels like the Zeus jack-up drilling rig can be a serious hazard to maritime workers who operate, maintain, or in the case of the Zeus, demolish them. When the Zeus was operational, maritime workers having a permanent connection to its operation and maintenance would have qualified as Jones Act seamen and been protected under the Jones Act statute. But because the rig is no longer operational, workers in charge of dismantling it would not likely qualify for protection under the Jones Act. They would however likely qualify for benefits under the Longshore and Harbor Workers' Compensation Act.  The LHWCA provides workers' compensation benefits for maritime workers who are not seamen such as the construction workers involved in the demolition of the Zeus.

Questions about Jones Act Seaman status

Seaman status under the Jones Act is a complex and highly debated topic. Fortunately the Jones Act isn't the only statute that provides protection and benefits for injured maritime workers and their families. If you have been injured in a maritime accident offshore or inshore, a maritime lawyer can help you understand what options you may have under the available statutes for claiming compensation. Contact a maritime lawyer at Arnold & Itkin LLP for a free initial consultation.

 

Helicopter crashes into offshore drilling rig-- What law prevails: Jones Act, General Maritime, or other?

On Monday Reuters reported that a Ukranian helicopter operating in the Black Sea crashed into an offshore drilling platform killing all 20 people aboard.  The helicopter's rotor struck a steel fence rail on the rig during a landing attempt. The pilot lost control of the helicopter which then slammed into the rig and burst into flames.  No one on the rig was injured.

Circumstances of the accident raise questions about what body of law has jurisdiction.  Can injury or wrongful death claims be brought under the Jones Act or does General Maritime Law apply?  Without more details, the answer isn't necessarily clear.  Depending on the exact nature of the circumstances either may apply.

The fact that the workers were being transported to the rig suggests that they were maritime workers, and an aircraft which crashed into the sea would come under maritime jurisdiction.  But the helicopter crashed into the rig and not the sea.  Still, some cases have held that the crash of an aircraft engaged in a function traditionally performed by waterborne vessels, such as ferrying passengers from shore to an island or artificial island including offshore platforms, is within maritime jurisdiction.

Considering that they were working in the Black Sea, the workers may be foreign workers which means that US law such as the Jones Act would not normally apply.  General Maritime Law does however apply because it is not exclusive to the US and/or US territorial waters-- its scope is global.  However, if the rig is a movable rig, otherwise known as a Mobile Offshore Drilling Unit (MODU), and a US company is involved, then the workers may be covered as seamen under the Jones Act whether they were US workers or not.  It is possible for foreign seamen to be covered under the Jones Act and people working on MODUs are seamen by definition.

If you have questions about a matter of maritime law, contact a maritime lawyer at

Arnold & Itkin LLP

.