Fifth Inland River Seminar Held In St. Louis

The fifth Inland River Seminar was held September 22 at the Missouri Athletic Club in downtown St. Louis. Industry leaders across disciplines gathered to discuss maritime law with the lawyers and operators who are impacted directly.

Hosted by Fox Smith, LLC, attendees were presented with six panel discussions on a variety of topics, including hiring practices, The Rivers and Harbors Act and handling maritime injuries. All proceeds from the event are donated to the Seamen’s Church Institute (SCI). The panels were moderated by longtime maritime lawyer Ron Fox, partner at Fox Smith, LLC.

The first panel discussed best hiring practices with Fox Smith Partner Meggie Gentzen and Chris Lenoir, director of personnel-operations at Magnolia Marine Transport Company. Gentzen and Lenoir advised audience members to conduct comprehensive medical tests and physical performance tests during the hiring process to determine if a candidate is fit for the job. They also recommended that companies provide a conditional job offer in which hiring is contingent on whether a candidate meets specific physical criteria, such as being able to lift a certain amount of weight.

Allison Stock, PhD., joined Fox Smith Partner Stas Levchinsky and Fox for the second discussion on cannabis use in the maritime industry and drug testing. Stock explained that marijuana affects individuals differently than alcohol and stays in the body longer. She recommended that operators conduct blood tests to determine how much and for how long marijuana has been in a mariner’s system. Though urine and saliva tests are more accessible, blood tests provide more detailed results. Blood tests can also help determine whether a mariner is a chronic user.

Nancy J. Rosenstengel and Mark A. Beatty, judges for the U.S. District Court for the Southern District of Illinois, discussed their experiences behind the judge’s bench during the third panel of the day. The judges spoke of their jury selection process and explained that they choose more jurors than the minimum requirement. Both judges also employ questionnaires to ease juror anxiety and to help them feel more comfortable talking in the intimidating environment of a courtroom.

Ted Lucas, partner at Fox Smith, LLC, and Neil Anderson, an independent marine surveyor and damage claim consultant, discussed maritime negligence claims and claims made under The Rivers and Harbors Act. The panelists also stressed the importance of hiring a surveyor to oversee repairs to ensure that the work done is exactly what an operator is billed.

Levchinsky was in conversation with Shea Melton, director of EHSS and operational excellence at Magnolia Marine Transport, as well as Peter Montecuollo, assistant general counsel at Ingram Barge Company, for the fifth panel of the day on injuries in the maritime industry. The panelists noted that most accidents involve either new, green deckhands or longtime mariners. Whether an accident occurs because of inexperience or complacency, all panelists stressed the importance of holding employees accountable.

During the final panel of the day, Lucas spoke with Klint Beckendorf, general counsel for Consolidated Grain and Barge Company, as well as Capt. Casey Herschler, president of North American Marine Consultants, on best practices concerning fleeting and bailment. The speakers explained the balance of presumption, that a company is responsible for any damage caused to a barge that it has taken into its fleet. Panelists underscored the importance of making sure that operators are in compliance with permits at all times.

Featured photo caption: Fox Smith, LLC hosted the fifth annual Inland River Seminar September 22 at the Missouri Athletic Club. Panelists discussed a variety of topics related to maritime law, including the Rivers and Harbors Act and Jones Act compliance. Longtime lawyer Ron Fox (left) joined judges Nancy J. Rosenstengel and William Beatty for the third panel discussion, during which the panelists spoke about their perspectives from behind the bench. (Photo by Amelia Kingman)