Cohen Authors Bill to Enhance Offshore Drilling Safety

“Because the Deepwater Horizon was flagged in the Marshall Islands, it was subject to limited safety examinations and minimal oversight, levels that pale in comparison to U.S. vessels. If the BP oil spill has taught us anything, it is that we cannot permit companies to cut corners at the expense of safety,” said Congressman Cohen. “My bill would ensure that only American flagged vessels, all of which meet the highest safety standards in the world, can conduct offshore drilling in U.S. waters.”

As a Marshall Islands flagged vessel, the Deepwater Horizon was subject to a safety examination that took between four and eight hours and was performed by a private entity that had been paid for by the vessel owner – a significant conflict of interest. U.S. flagged vessel inspections are performed by the Coast Guard and take two to three weeks. Also, some offshore drilling experts and survivors of the Deepwater Horizon tragedy have claimed that foreign registration creates confusing command structures and understaffing that may have contributed to the environmental disaster.

Mobile offshore drilling units (MODU) such as the Deepwater Horizon are officially classified as vessels, so they must meet International Maritime Organization (IMO) standards and must be registered or flagged in a country that is referred to as a “flag state.” Flag states are responsible for performing inspections on vessels under their flag and for ensuring compliance with safety and environmental standards.

Despite the IMO’s best efforts to maintain a high level of safety, some flag states set low standards for their vessels and practice weaker enforcement of safety laws. As a result of these well-known deficiencies, it has become common for major corporations to register their vessels in flag-of-convenience countries like the Marshall Islands since they save money by avoiding more stringent safety and liability standards. Such is the case for the Deepwater Horizon, which Transocean flagged in the Marshall Islands, as well as for about 60 percent of the MODUs engaged in drilling activities off the U.S. coast.