46 U.S.C. § 11102 — Medicine chests

Page 194 TITLE 46—SHIPPING § 11102 (5) each crew berthing area shall be equipped with information regarding— (A) vessel owner or company policies pro- hibiting sexual assault and sexual harass- ment, retaliation, and drug and alcohol usage; and (B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information— (i) on the telephone number, website ad- dress, and email address for reporting alle- gations of sexual assault and sexual har- assment to the Coast Guard; (ii) on vessel owner or company proce- dures to report violations of company pol- icy and access resources; (iii) on resources provided by outside or- ganizations such as sexual assault hotlines and counseling; (iv) on the retention period for surveil- lance video recording after an incident of sexual harassment or sexual assault is re- ported; and (v) additional items specified in regula- tions issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating. (b) In addition to the requirements of sub- section (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days’ dura- tion between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The com- partment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required). (c) A steam vessel of the United States oper- ating on the Mississippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from the cold, wind, and rain by means of suitable awnings or screens on ei- ther side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck. (d) A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one lighted, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accommo- date at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company poli- cies prohibiting sexual assault and sexual har- assment, retaliation, and drug and alcohol usage. (e) Forecastles shall be fumigated at intervals provided by regulations prescribed by the Sec- retary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emer- gencies. (f) The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577; Pub. L. 99–36, § 1(a)(6), May 15, 1985, 99 Stat. 67; Pub. L. 104–324, title VII, § 740, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 117–263, div. K, title CXVI, § 11604, Dec. 23, 2022, 136 Stat. 4148.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11101 ............................................ 46:660–1 Section 11101 provides mandatory standards for crew accommodations and a penalty for noncompliance with those standards. Editorial Notes AMENDMENTS 2022—Subsec. (a)(5). Pub. L. 117–263, § 11604(1)–(3), added par. (5). Subsec. (d). Pub. L. 117–263, § 11604(4), inserted at end ‘‘In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harass- ment, retaliation, and drug and alcohol usage.’’ 1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’ in introductory provisions. 1985—Subsec. (d). Pub. L. 99–36 substituted ‘‘lighted’’ for ‘‘light’’. § 11102. Medicine chests (a) A vessel of the United States on a voyage from a port in the United States to a foreign port (except to a Canadian port), and a vessel of the United States of at least 75 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port of the United States on the Atlantic Ocean and Pacific Ocean, shall be provided with a med- icine chest. (b) The owner and master of a vessel not equipped as required by subsection (a) of this section or a regulation prescribed under sub- section (a) are liable to the United States Gov- ernment for a civil penalty of $500. If the offense was due to the fault of the owner, a master pe- nalized under this section has the right to re- cover the penalty and costs from the owner. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578; Pub. L. 104–324, title VII, § 741, Oct. 19, 1996, 110 Stat. 3942.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11102(a) ........................................ 46:666 Page 195 TITLE 46—SHIPPING § 11105 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source section (U.S. Code) 11102(b) ........................................ 46:667 Section 11102 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a medicine chest, and provides a penalty for non- compliance. The Committee intends that regulation will provide for a well stocked medicine chest adequate for the crew of a vessel. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘75 gross tons’’. § 11103. Slop chests (a) A vessel to which section 11102 of this title applies shall be provided with a slop chest con- taining sufficient clothing for the intended voy- age for each seaman, including— (1) boots or shoes; (2) hats or caps; (3) underclothing; (4) outer clothing; (5) foul weather clothing; (6) everything necessary for the wear of a seaman; and (7) a complete supply of tobacco and blan- kets. (b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the sea- man, at a profit of not more than 10 percent of the reasonable wholesale value of the merchan- dise at the port at which the voyage began. (c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whaling vessel. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11103 ............................................ 46:670 46:671 Section 11103 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a slop chest and lists the items the slop chest must contain. § 11104. Destitute seamen (a) A consular officer shall provide, for a des- titute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regu- lations prescribed by the Secretary of State. A seaman, if able, shall be required to perform du- ties on the vessel giving the seaman passage, in accordance with the seaman’s rating. (b) A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a con- sular officer is prima facie evidence of refusal. A master is not required to carry a destitute sea- man if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspec- tion or if the seaman has a contagious disease. (c) Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations pre- scribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less. (d) When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a con- sular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11104(a) ........................................ 46:678 11104(b)–(d) .................................. 46:679 Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government. § 11105. Wages on discharge when vessel sold (a) When a vessel of the United States is sold in a foreign country, the master shall deliver to the consular officer a certified crew list and the agreement required by this part. The master shall pay each seaman the wages due the sea- man and provide the seaman with employment on board another vessel of the United States bound for the port of original engagement of the seaman or to another port agreed on. If employ- ment cannot be provided, the master shall— (1) provide the seaman with the means to re- turn to the port of original engagement; (2) provide the seaman passage to the port of original engagement; or (3) deposit with the consular officer an amount of money considered sufficient by the officer to provide the seaman with mainte- nance and passage home. (b) The consular officer shall endorse on the agreement the particulars of the payment, pro- vision, or deposit made under this section. (c) An owner of a vessel is liable to the United States Government for a civil penalty of $500 if the master does not comply with this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 579.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11105 ............................................ 46:684 Section 11105 provides that when a United States ves- sel is sold in a foreign port, the seamen must be pro-