A New Offering for the Seaman Status Labyrinth - Seaman Status for Nuclear Reactor Operators on Floating Nuclear Power Plants

Floating nuclear power plants present a unique operating environment for land-based nuclear reactor operators. Traditionally located in the control room of a nuclear power plant on land, development of floating nuclear power plants exposes the traditional land-based employees to the marine environment. With the extension of nuclear power generation facilities into the maritime domain, do nuclear reactor operators working on a floating nuclear power plant qualify as seaman under maritime law? Applying existing maritime law, the answer is no, a nuclear reactor operator who operates the nuclear reactor on a floating nuclear power plant does not qualify as a seaman because their work is not in support of the mission of the vessel and the reactor is not connected to a vessel because a floating nuclear power plant is not a vessel. Applying the analysis developed by the Supreme Court in Chandris v. Latsis and the recent Sanchez v. Smart Fabricators of Texas, L.L.C. en banc decision by the Fifth Circuit, a nuclear reactor operator on a floating nuclear power plant does not qualify for seaman status under the Jones Act because their function supports the operation of the reactor and the structure on which the reactor resides does not meet the reasonable person standard established in Lozman v. City of Riviera Beach. Further, existing case law highlights that rendering a structure practically impossible to move eliminates the structure from consideration as a vessel. Because a floating nuclear power plant may be anchored at a seaport or anchored offshore but connected via transmission cables and protected by physical protection barriers, a floating nuclear power plant, with no current means of propulsion is rendered a power plant on water, which is its true function. Recognizing that technological change may alter the conclusion presented in this Article, current designs and structures that exist illustrate the intersection between nuclear and maritime law and the ever-evolving concepts that underpin seamen status in maritime law.