Which activity is excluded under LHWCA for recreational vessels under sixty-five feet?

Which activity is excluded under LHWCA for recreational vessels under sixty-five feet?

• A. A person building a recreational vessel under 65 feet
• B. A person performing administrative tasks for a vessel
• C. A person cleaning recreational vessels under 65 feet
• D. A person selling spare parts for a recreational vessel

Answer: (A)

The main idea is the recreational vessel exclusion under LHWCA: injuries arising from construction, repair, or modification of a recreational vessel that is under 65 feet are not covered by the act. Building a recreational vessel under 65 feet falls squarely into that excluded activity, so it is not covered by LHWCA. Other tasks listed—administrative duties for a vessel, cleaning a recreational vessel under 65 feet, or selling spare parts—do not involve construction, repair, or modification. Those activities aren’t the exclusion, so they would not be excluded and can fall under LHWCA coverage (assuming the worker is otherwise a covered employee).

The main idea is the recreational vessel exclusion under LHWCA: injuries arising from construction, repair, or modification of a recreational vessel that is under 65 feet are not covered by the act. Building a recreational vessel under 65 feet falls squarely into that excluded activity, so it is not covered by LHWCA.

Other tasks listed—administrative duties for a vessel, cleaning a recreational vessel under 65 feet, or selling spare parts—do not involve construction, repair, or modification. Those activities aren’t the exclusion, so they would not be excluded and can fall under LHWCA coverage (assuming the worker is otherwise a covered employee).