43 U.S.C. § 1333 – Outer Continental Shelf Lands Act (OCSLA) Regulations

43 U.S.C. § 1333 Summary

This federal statute, Section 1333 of the Outer Continental Shelf Lands Act (OCSLA), primarily establishes the legal framework and jurisdiction over the Outer Continental Shelf (OCS), which refers to submerged lands extending beyond state boundaries. The statute extends U.S. federal law and civil/political jurisdiction to the OCS, including its seabed, subsoil, and all artificial islands and installations used for resource exploration, development, or transport (like oil rigs).

Notably, it adopts the civil and criminal laws of adjacent states as federal law for the OCS, provided they are not inconsistent with federal law or OCSLA itself. However, it explicitly prohibits state taxation on the OCS and clarifies that states gain no proprietary interest or jurisdiction over the OCS through this adoption. A significant aspect for personal injury law is subsection (b), which extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover injuries or deaths of employees resulting from operations on the OCS related to natural resource activities. This subsection also defines “employee” to exclude masters or crew members of vessels (who are typically covered by the Jones Act) and government employees. The statute also extends the National Labor Relations Act to the OCS and grants authority to the Coast Guard and the Secretary of the Army for safety and navigation matters.

Purpose of 43 U.S.C. § 1333

The legislative purpose behind this particular statute is to establish a clear and comprehensive legal regime for the Outer Continental Shelf (OCS). Before OCSLA, there was a legal vacuum concerning jurisdiction and applicable laws over these offshore areas, which became increasingly important for resource extraction (primarily oil and natural gas) after World War II. Congress enacted OCSLA to address the problem of legal uncertainty in these federally controlled, but geographically distant, areas.

By extending U.S. federal law and, importantly, adopting the non-conflicting laws of adjacent states, Section 1333 ensures that a predictable and familiar legal structure governs activities on the OCS. This minimizes legal disputes, facilitates responsible resource development, and protects workers involved in dangerous offshore operations by providing a consistent framework for compensation, labor relations, and safety regulations. It aims to balance federal control over national resources with the practical need to apply laws similar to those on the nearest land, while unequivocally preventing states from claiming ownership or independent jurisdiction over the OCS.

Real-World Example of 43 U.S.C. § 1333

Consider an incident where an independent contractor, John, is working on an oil production platform located 100 miles off the coast of Galveston, Texas, well beyond Texas state waters. While performing maintenance, a piece of equipment malfunctions due to poor maintenance by the platform operator, causing John to suffer a severe leg injury.

In this scenario, 43 U.S.C. § 1333 comes into play:

1. Jurisdiction: Because the platform is an “installation… permanently or temporarily attached to the seabed” on the Outer Continental Shelf, U.S. federal jurisdiction applies, as per subsection (a)(1).
2. Applicable Law: Since Texas is the adjacent state, and assuming its negligence laws are not inconsistent with federal law or OCSLA, Texas state law regarding negligence and personal injury would be adopted as federal law under subsection (a)(2)(A) to govern the conduct leading to John’s injury.
3. Compensation: John is not a “master or member of a crew of any vessel,” so he is an “employee” under OCSLA. His injury occurred “as the result of operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting… natural resources.” Therefore, John’s exclusive remedy for worker’s compensation would be under the Longshore and Harbor Workers’ Compensation Act (LHWCA), as stipulated by subsection (b). He would file a claim for medical expenses, lost wages, and permanent impairment benefits under the LHWCA, administered by the Office of Workers’ Compensation Programs, rather than a state workers’ compensation system.
4. Safety: The Coast Guard, under subsection (d), would likely have regulations regarding safety equipment on the platform, and the incident might lead to an investigation into compliance with those rules.

This example illustrates how OCSLA establishes the legal landscape for offshore operations, determining which specific laws apply for liability and worker compensation claims for individuals injured in these unique maritime environments.

Related Statutes

Several other statutes are directly related to 43 U.S.C. § 1333 and the Outer Continental Shelf Lands Act (OCSLA) framework:

• Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq.: This is explicitly incorporated by subsection (b) of 43 U.S.C. § 1333. The LHWCA provides a federal workers’ compensation scheme for certain maritime workers, including those injured on the OCS. It is a crucial component of OCSLA, ensuring a compensation system for eligible offshore workers.
• Jones Act, 46 U.S.C. § 30104: While not explicitly mentioned in § 1333, the Jones Act is critically related because § 1333(b)(1) *excludes* a “master or member of a crew of any vessel” from LHWCA coverage. These individuals, typically referred to as “seamen,” are generally covered by the Jones Act, which allows them to sue their employers for negligence. Understanding the distinction between an OCSLA-covered worker and a Jones Act seaman is vital in personal injury cases involving offshore injuries.
• Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. § 1301 et seq.: Section 1333 is just one part of the broader OCSLA. Other sections address leasing procedures, environmental protection, revenue sharing, and other aspects of OCS management. Section 1331, for instance, defines key terms used throughout the Act.
• National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq.: Subsection (c) of § 1333 extends the NLRA to artificial islands and installations on the OCS, ensuring that labor relations and unfair labor practices in these areas are governed by federal labor law.

Case Law Interpreting 43 U.S.C. § 1333

Numerous court cases have interpreted and applied 43 U.S.C. § 1333, often clarifying its jurisdictional aspects and the application of state law and the LHWCA to offshore injuries.

• Chevron U.S.A., Inc. v. Broussard: This case involved a worker injured on an OCS platform who sought to claim benefits. The decision often illuminates the scope of LHWCA applicability under OCSLA.

* Link to Google Scholar search for “Chevron U.S.A., Inc. v. Broussard 43 U.S.C. 1333”

• Mills v. Director, Office of Workers’ Compensation Programs: This case further clarified who qualifies as an “employee” under OCSLA for LHWCA purposes, particularly concerning the connection between the injury and OCS operations.

* Link to Google Scholar search for “Mills v. Director, Office of Workers’ Compensation Programs 43 U.S.C. 1333”

• Union Texas Petroleum Corp. v. PLT Engineering, Inc. This case provided significant guidance on the scope of borrowed state law under OCSLA, especially concerning indemnity agreements and contractual relationships on the OCS.

* Link to Google Scholar search for “Union Texas Petroleum Corp. v. PLT Engineering, Inc. 43 U.S.C. 1333”

• Rodrigue v. Aetna Casualty & Surety Co. Often considered a foundational case, it addressed the fundamental question of whether the Death on the High Seas Act (DOHSA) or state law adopted under OCSLA applied to deaths occurring on fixed platforms on the OCS.

* Link to Google Scholar search for “Rodrigue v. Aetna Casualty & Surety Co. 43 U.S.C. 1333”

These cases and many others help define the intricate boundaries of OCSLA jurisdiction and its impact on personal injury claims arising from offshore activities.

Why 43 U.S.C. § 1333 Matters in Personal Injury Litigation

43 U.S.C. § 1333 is critically important in personal injury litigation, particularly for cases involving accidents on offshore oil rigs, platforms, or other installations on the Outer Continental Shelf (OCS). For both plaintiffs and defense counsel, understanding this statute is fundamental to correctly asserting or defending claims.

1. Determining Applicable Law and Jurisdiction: The statute dictates that U.S. federal law applies to the OCS, but crucially, it adopts the civil laws of the adjacent state (like Texas for platforms off its coast) as federal law, provided they are not inconsistent with federal statutes or regulations. This means an injured worker’s negligence claim may be governed by Texas tort law, albeit applied in a federal court under federal jurisdiction. Incorrectly identifying the applicable law can lead to a case being dismissed or appealed.
2. Worker’s Compensation Claims: For most workers injured on the OCS, subsection (b) mandates that their exclusive remedy for worker’s compensation is under the Longshore and Harbor Workers’ Compensation Act (LHWCA), not state workers’ comp. This is a crucial distinction. Personal injury attorneys must be adept at handling LHWCA claims, which have their own specific procedures, benefits, and administrative processes. Defense attorneys, conversely, often argue for LHWCA exclusivity to limit an employer’s liability from a broader personal injury lawsuit.
3. Distinguishing from Seamen’s Claims: The statute specifically excludes “masters or members of a crew of any vessel” from LHWCA coverage. This means attorneys must carefully assess whether an injured offshore worker qualifies as a “seaman” under the Jones Act, or an OCSLA/LHWCA-covered worker. This distinction has profound implications for the types of damages available, the burden of proof, and the applicable legal framework. A misclassification can severely impact a plaintiff’s ability to recover compensation or a defendant’s strategy.
4. Basis for Negligence Claims: While LHWCA provides no-fault compensation, it does not preclude a worker from suing a negligent third party (e.g., another contractor on the platform, or the platform owner if they are not the employer) under the adopted state law. Section 1333 provides the legal basis for applying that state’s negligence principles to the federal territory of the OCS, allowing for potential recovery beyond LHWCA benefits.
5. Safety and Regulatory Compliance: Subsections (d) and (e) highlight the role of federal agencies like the Coast Guard and the Army Corps of Engineers in regulating safety and navigation on the OCS. Violations of these federal regulations can often serve as evidence of negligence in personal injury lawsuits.

For Texas personal injury lawyers and their clients involved in offshore accidents, 43 U.S.C. § 1333 is not just an obscure federal statute; it is the cornerstone that defines jurisdiction, outlines the applicable laws, and determines the compensation avenues for some of the most dangerous jobs in the energy industry.