The Department of Labor (DOL) released Final Regulations specific to recreational vessels under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Highlights of the final rule include a clear guidance that if a boat manufacturing or repair facility is landlocked, LHWCA does not apply. For manufacturing facilities adjacent to navigable water, the under 65-foot exemption continues to apply for boats intended for the recreational market. The 65-foot exemption limitation is lifted for facilities that repair recreational vessels adjacent to or on navigable waters.
The DOL also withdrew its proposal on walking into and out of the LHWCA coverage. A specific guidance on when an injury is covered by this new rule or the previous rule was also included.