Amended worker legislation ‘ignores reality’ and would adversely affect US offshore wind industry 

“Although the Act appears to offer protections for American crews and vessels, as well as protecting their rate of pay, it overlooks several issues that would adversely impact the US government’s offshore energy goals and targets,” IMCA said.

IMCA chief executive Iain Grainger said, “This proposed legislation ignores the reality for offshore delivery in wind markets around the globe. There is a worldwide shortage of specialist vessels, a limited talent pool with the skills, knowledge and experience required to operate them safely, and huge demands driven by the move to Net Zero and energy security concerns.

“The US government has ambitious targets for 30 GW of offshore wind capacity by 2030 which will be unachievable without the specialist knowledge, skills and construction vessels provided by international marine contractors who – uniquely – operate on a global basis moving from project-to-project.

“As with previous attempts to change the status quo, we would urge legislators in the US to look beyond simplistic rhetoric to explore the more complex and nuanced realities of our industry.

“IMCA members are supportive of the Jones Act. A tightening of restrictions on offshore workers will simply result in the US becoming an unattractive place to do business to the detriment of America’s energy ambitions and strategy.”

IMCA says the latest AOWFA amendment implies that the interests of American crews are being overlooked for the benefit of non-US staff who are less compensated and who don’t have to pay tax in the US, but that is inaccurate.

“Offshore construction/installation vessels are extremely specialised, often moving from project-to-project around the globe and require crews with significant experience and expertise which takes years to develop,” said IMCA. “Foreign vessels are not competing with US vessels based on crew earnings or type of vessel. The cost of building and operating a US vessel is significantly higher than a foreign vessel, far more than the difference between the cost of wages for US and foreign crews, but when there is no domestic capability, foreign vessels are the only option.

“The reality is that there is a shortage of US mariners, causing American companies to struggle to man existing fleets. Many more American mariners will be needed to crew the numerous categories of vessels required to support current and future offshore oil and gas and wind projects. The majority of these vessels are flagged in small nations with few available mariners and expert personnel.

“The proposed legislation would essentially require a vessel to replace its entire crew with untrained and inexperienced US mariners, who are in fact unavailable. It is hard to see how this can be achieved safely and these international companies will simply seek to work in other markets, where there are fewer hiring restrictions.

“The main issue surrounding the amendment is that it does not consider the lack of appropriate personnel or vessels for US offshore operations,” said IMCA. “This means that any restrictions to the numbers of foreign specialised workers will simply mean the robust pipeline of offshore energy projects will not be completed and ambitions for offshore wind in the US will not be fulfilled.”

IMCA continued, “The proposal attempts to establish a threshold of lifting capability or specified offshore wind components for certain installation work by installation vessels that would not be subject to the crewing requirements. Simply put, there is limited US crane, survey vessel and cable-lay or pipelay vessel capability to perform any significant domestic work in the offshore wind sector.

“The same applies to the crewing exemptions. Currently an exemption is valid indefinitely until there is a change in ownership so, a company should be required to annually recertify if it continues to qualify for an exemption. Furthermore, more offshore boardings of foreign vessels would help ensure compliance with the law as it currently stands.  

“Nor is there any reason to link a worker’s visa to a particular vessel because it would be unlawful for a worker issued an OCS visa to work aboard a vessel that has not been issued a vessel exemption. 

“Additional measures causing obstacles include the requirement for the TWIC, which will be required by the Maritime Transportation Security Act for workers who need unescorted access to secure maritime facilities and vessels. This is unnecessary as the vessels in question have no secure areas for which a TWIC would be required. Every foreign crewman goes through comprehensive security vetting at a US embassy before obtaining a visa, making a second screening necessary.

“The latest amendment to AOWFA has meant that the discussion has returned for a second year, at a time when the offshore wind industry needs all the support it can get. Instead, we are facing potential measures that will slow down US progress for renewable energy efforts.

“If these amendments pass, it will significantly impact the American targets to install 30 GW of offshore wind turbines and impact all offshore energy projects in the US.

“The reality is that the US offshore wind industry is not ready to take on this work, so it makes no sense to try to preserve specialist work for a domestic fleet which does not exist right now, nor one that is unlikely to exist in the near future.”

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