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The Outer Continental Shelf Lands Act (OCSLA)

The Outer Continental Shelf Lands Act (OCSLA) applies to:

1. The subsoil and seabed of the Outer Continental Shelf
2. Any artificial island, installation, or other device if
a. permanently or temporarily attached to the Outer Continental Shelf seabed, and
b. erected on the seabed of the Outer Continental Shelf, and
c. its presence on the Outer Continental Shelf is to explore for, develop or produce resources from the Outer Continental Shelf
3. Any artificial island, installation, or other device if
a. permanently or temporarily attached to the seabed of the Outer Continental Shelf, and
b. not a ship or vessel, and
c. its presence on the Outer Continental Shelf is to transport resources from the Outer Continental Shelf. 


If the requirements of this "situs test" are met, we then ask which law, federal or state, will govern the cause of action. State law is used in place of federal law for claims arising out of activity on the Outer Continental Shelf. 


For state law to govern, the following three tests must be met:
1. The controversy must arise on a situs covered by OCSLA
2. Federal maritime law must not apply
3. State law cannot be inconsistent with federal law

At times, the Longshore and Harbor Workers Compensation Act (LHWCA) can be extended to non-seamen employed on the Outer Continental Shelf. LHWCA applies to injuries occurring as a result of work done on the Outer Continental Shelf with the purpose of exploring for, developing, removing or transporting by pipeline the natural resources of the Outer Continental Shelf.

If you have been injured while working on the Outer Continental Shelf, you should contact the experienced OCSLA Attorneys of Schechter, McElwee, Shaffer & Harris, L.L.P. by email at info@smslegal.com.