The Safer Seas Act: What Maritime Workers Need to Know

On December 27, 2022, President Biden signed the Safer Seas Act into law as part of the National Defense Authorization Act for Fiscal Year 2023. For maritime workers who have long faced sexual assault and harassment at sea with little legal recourse, this is a landmark shift — one that places real obligations on vessel owners, operators, and employers.

As a maritime attorney who represents seafarers in exactly these situations, I want to explain what this law does, what it means for mariners, and why it matters.

Why the Safer Seas Act Exists

The bill was introduced by Rep. Peter DeFazio in February 2022 following the Midshipman X scandal — an anonymous account from a U.S. Merchant Marine Academy cadet who described being sexually assaulted aboard a U.S.-flagged vessel during mandatory Sea Year training. Her account exposed what many maritime workers already knew: the industry had a serious problem with sexual misconduct, and the systems in place to address it were inadequate.

The Safer Seas Act amends Title 46 of the U.S. Code to close those gaps.

What the Law Requires

The Act creates obligations across several areas:

Immediate reporting. Vessel owners, operators, and masters must report incidents of sexual assault and sexual harassment to the Coast Guard immediately upon learning of them. Failure to report carries civil penalties of up to ,000 per violation, plus daily fines for continued non-compliance.

Surveillance systems. Non-passenger-carrying oceangoing commercial U.S.-flagged vessels must install video surveillance with audio capability in areas adjacent to crew berthing spaces. Footage must be retained for at least one year and is accessible to law enforcement and victims.

Master key accountability. Vessels must maintain a logbook controlling and tracking access to master keys — a direct response to cases where assault was enabled by unrestricted key access.

Annual training. Employers must provide annual training on sexual assault and harassment prevention, bystander intervention, and reporting and investigation procedures.

Credential consequences. Maritime professionals found to have committed sexual assault face mandatory license revocation within a 10-year window. Those with sexual harassment findings may have credentials suspended or revoked within 5 years.

Anti-retaliation protections. Seafarers who report sexual misconduct — or intend to report it — are protected from employer retaliation.

What This Means for Maritime Workers

For the seafarers I represent, the most significant changes are the reporting mandate and the anti-retaliation protections. Previously, a mariner who reported assault or harassment had little structural protection against being fired, reassigned, or quietly blacklisted. The Safer Seas Act creates a legal basis to hold employers accountable if they punish workers for coming forward.

The surveillance requirements also matter. In cases I have handled, the absence of footage — or the convenient unavailability of footage — has been a real obstacle. Mandatory retention of video evidence changes the evidentiary landscape.

What the Law Does Not Do

The Safer Seas Act is important, but it is not a complete remedy. It creates regulatory obligations; it does not automatically create a private right of action for damages. Injured maritime workers still need to pursue claims under the Jones Act, general maritime law, or other applicable theories. The law is a floor, not a ceiling.

Enforcement will also depend on the Coast Guard's capacity and willingness to act. Early implementation has been uneven, and advocacy groups continue to monitor compliance.

If You Have Experienced Harassment or Assault at Sea

The Safer Seas Act represents real progress, but knowing your rights and enforcing them are different things. If you have experienced sexual assault or harassment aboard a vessel, you have legal options — and the new law may strengthen your position.

I represent maritime workers in these cases. Contact our office to discuss your situation confidentially.