>OSHA Authority Over Persons Working on Vessels and Facilities

>Coast Guard marine inspectors and investigators are encouraged to be familiar with an instruction (CPL 02-01-047) recently issued by the Occupational Safety and Health Administration (OSHA) that provides current OSHA policy, information, and guidance with respect to the agency’s authority over persons working on vessels and facilities on or adjacent to U.S. navigable waters and the outer continental shelf. According to OSHA, the instruction was revised and updated to include the following signiciant changes:

• Updates the guidance to reflect the decision of the United States Supreme Court in Chao v. Mallard Bay Drilling, Inc., 534 U.S. 235 (2002).

• Provides policy guidance for the enforcement of the OSH Act with respect to towing vessels that on August 9, 2004, were added by legislation to the 46 U.S.C. 3301 list of vessels that require inspection by the U.S. Coast Guard.

• Provides updated guidance regarding enforcement on permanently moored craft (previously known as permanently moored vessels), such as craft used for gaming or entertainment purposes which do not have a practical capacity to get underway.

• Incorporates guidance from the instruction concerning the roles of OSHA and the U.S. Coast Guard on the OCS, CPL 02-00-046 (CPL 2.46), Memorandum of Understanding Between the Occupational Safety and Health Administration and the U.S. Coast Guard (Concerning Occupational Safety and Health on Artificial Islands, Installations and Other Devices on the Outer Continental Shelf of the United States), January 20, 1982.

• Addresses the applicability of OSHA’s General Industry Standards (29 CFR Part 1910) to maritime hazards, as well as the coverage of OSHA’s Shipyard Employment Standards (29 CFR Part 1915), Marine Terminals Standards (29 CFR Part 1917), and Longshoring Standards (29 CFR Part 1918), and addresses marine operations in the Construction Industry (29 CFR Part 1926).

• Provides an appendix with questions and answers to commonly asked questions.

• Delivers available safety and health information in a web-based format with electronic links to noted references.