OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and on the Outer Continental Shelf (OCS)

U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration
DIRECTIVE NUMBER: CPL 02-01-066
SUBJECT: OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters
and on the Outer Continental Shelf (OCS)
DIRECTORATE: Directorate of Enforcement Programs
SIGNATURE DATE: October 17, 2024 EFFECTIVE DATE: November 13, 2024
ABSTRACT
Purpose: To provide current policy information and guidance with respect to OSHA
authority over persons working on vessels and facilities on or adjacent to
U.S. navigable waters and on the Outer Continental Shelf (OCS).
Scope: OSHA-wide.
References: See References section.
Cancellations: OSHA Instruction CPL 02-01-047, February 22, 2010.
OSHA Instruction STD 03-13-002, July 15, 1982.
State
Impact: No Impact.
Action Offices: National, Regional, and Area Offices.
Origi
nating Office: Directorate of Enforcement Programs.
Contact: Director, Office of Maritime Enforcement
200 Constitution Avenue, N.W., Room N-3610
Washington, D.C. 20210
(202) 693-2399
By a
nd Under the Authority of
DOU
GLAS L. PARKER
Assistant Secretary

Executive Summary

This instruction provides current policy, information, and guidance to Occupational Safety and
Health Administration (OSHA) national, regional, and area offices; industry parties; OSHA State
programs; and federal agencies concerning OSHA’s authority over persons working on vessels
(inspected vessels, uninspected vessels, and commercial uninspected fishing industry vessels)
and facilities on or adjacent to U.S. navigable waters and on the Outer Continental Shelf (OCS).

Significant Changes

This instruction has been revised and updated to include significant changes as follows:
• Provides policy guidance for the enforcement of the Occupational Safety and Health Act
(OSH Act) with respect to towing vessels that were added by legislation (Coast Guard
and Marine Transportation Act of 2004) to the list of vessels that are regarded as
“inspected vessels” by the U.S. Coast Guard, codified at 46 U.S.C. 3301 . The latest date
for compliance with the final rule on towing vessels was July 20, 2018. See 46 CFR §
136.172.
• Adds reference to Department of the Interior Policy Statement on Regulating Workplace
Safety and Health Conditions on Renewable Energy Facilities on the Outer Continental
Shelf, 84 FR 55861 (October 18, 2019).
• Provides guidance on marine construction in State Plans.
• Adds reference to revision of 46 CFR § 25.25, dealing with personal flotation devices
labeling and standards, as well as other applicable standards in 46 CFR Chapter I, in
Appendix C: Applicable U.S. Coast Guard Regulations for Uninspected Vessels.
• Cancels OSHA Instruction STD 03-13-002, 29 CFR § 1926.605(a)(1) as Applied to Marine
Construction, July 15, 1982, as it was captured in Appendix G: Questions and Answers
Regarding OSHA Authority on or Adjacent to U.S. Navigable Waters and on the Outer
Continental Shelf (OCS) under Marine Construction.

Table of Contents

I. Purpose. ............................................................................................................................................... 2
II. Scope. ................................................................................................................................................... 2
III. References. ........................................................................................................................................... 2
IV. Cancellations. ................................................................................................................................... 3
V. Action Offices. ...................................................................................................................................... 3
A. Responsible Office. .......................................................................................................................... 3
B. Action Office. ................................................................................................................................... 3
C. Information Offices. ......................................................................................................................... 3
VI. Federal Program Change. ................................................................................................................ 3
VII. Significant Changes. ......................................................................................................................... 4
VIII. Definitions ........................................................................................................................................ 4
IX. Applicability of 29 CFR Parts 1910, 1915, 1917, 1918, 1919, and 1926 Standards to Vessels and
Facilities on or Adjacent to U.S. Navigable Waters and on the Outer Continental Shelf (OCS) ................... 7

X. Geographical Considerations ............................................................................................................... 9
A. Coastal States ................................................................................................................................... 9
B. For States Bordering the Great Lakes and the St. Lawrence River and Seaway .............................. 9
C. Other Geographical Considerations ............................................................................................... 10
D. Determining Maritime Employment .............................................................................................. 11
XI. Background on Delineation of Coverage over Vessels between OSHA and U.S. Coast Guard .......... 13
XII. Inspected Vessels ........................................................................................................................... 14
A. Authority Over Inspected Vessels .................................................................................................. 14
B. OSHA Requirements Enforceable on Inspected Vessels ................................................................ 19
XIII. Commercial Uninspected Fishing Industry Vessels........................................................................ 22
A. Authority over Commercial Uninspected Fishing Industry Vessels ............................................... 22
B. OSHA Requirements Enforceable on Commercial Uninspected Fishing Industry Vessels ............ 23
XIV. Uninspected Vessels (Other than Commercial Uninspected Fishing Industry Vessels) ................ 24
A. Authority over Uninspected Vessels (Other than Commercial Uninspected Fishing Industry
Vessels) ................................................................................................................................................... 24

B. OSHA Requirements Enforceable on Uninspected Vessels (Other than Commercial Uninspected
Fishing Industry Vessels) ......................................................................................................................... 25

XV.
Requirements Enforceable on Outer Continental Shelf (OCS) Lands, Facilities, and Structures
Engaged in Oil, Natural Gas, or Sulfur Drilling ............................................................................................ 26

A. General Information ...................................................................................................................... 27
B. Requirements of the MOU between the U.S. Coast Guard and OSHA on the Outer Continental
Shelf (OCS) (see Appendix E). .................................................................................................................. 28

C. Retaliation ...................................................................................................................................... 30
XVI. Summary Matrix Table of Safety and Health Coverage on U.S. Inland Waters, State Territorial
Waters, and the Outer Continental Shelf ................................................................................................... 31

Appendix A – Specific Conditions on Commercial Uninspected Fishing Industry Vessels Subject to OSHA
Enforcement ............................................................................................................................................... 33

Appendix B – Applicable U.S. Coast Guard Regulations for Commercial Uninspected Fishing Industry
Vessels .................................................................................................................................................................... 37

Appendix C – Applicable U.S. Coast Guard Regulations for Uninspected Vessels ..................................... 41
Appendix D – Memorandum of Understanding (MOU) Between the U.S. Coast Guard and OSHA
Concerning the Health and Safety of Seamen on Inspected Vessels.......................................................... 44

Appendix E – Memorandum of Understanding Between the U.S. Coast Guard and OSHA Concerning
Occupational Safety and Health on the Outer Continental Shelf (OCS) ..................................................... 46

Appendix F – Marine Operations in the Construction Industry ................................................................. 51
Appendix G – Questions and Answers Regarding OSHA Authority on or Adjacent to U.S. Navigable
Waters and on the Outer Continental Shelf (OCS) ..................................................................................... 54

A. 29 CFR PART 1904 – RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS 54
B. 29 CFR PART 1910 – GENERAL INDUSTRY ............................................................................... 55
C. 29 CFR PART 1915 – SHIPYARD EMPLOYMENT ....................................................................... 58
D. 29 CFR PARTS 1917 AND 1918 – MARINE TERMINALS AND LONGSHORING .......................... 59
E. 29 CFR PART 1926 – MARINE CONSTRUCTION........................................................................ 60

I. Purpose.
This instruction provides current policy, information, and guidance with respect to OSHA
authority over persons working on vessels (inspected vessels, uninspected vessels,
commercial uninspected fishing industry vessels) and facilities on or adjacent to U.S.
navigable waters and on the Outer Continental Shelf (OCS).

II. Scope.
This applies OSHA-wide.

III. References.
A. 29 CFR Part 1910, General Industry Standards.
B. 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard
Employment.
C. 29 CFR Part 1917, Marine Terminals.
D. 29 CFR Part 1918, Safety and Health Regulations for Longshoring.
E. 29 CFR Part 1926, Construction Industry Standards.
F. 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational
Safety and Health Program and Related Matters.
G. 33 CFR Subpart S, Boating Safety
H. 46 CFR Parts 24, 25, and 26, Uninspected Vessels.
I. 46 CFR Part 28, Commercial Fishing Industry Vessel Regulations.
J. 46 CFR § 136.105, Applicability to U.S. Flag Towing Vessels.
K. 46 CFR Part 197, Subpart B, Commercial Diving Operations.
L. 46 U.S.C. 30104, The Merchant Marine Act of 1920, also known as the “Jones
Act.”
M. 46 U.S.C. 3301, Vessels Subject to Inspection.
N. Occupational Safety and Health Act (OSH Act) of 1970, 29 U.S.C. 651 et seq.;
section 5(a)(1), 29 U.S.C. 654(a)(1) (general duty clause); and 29 U.S.C. 653(b)(1)
(preemption of OSHA authority by regulations of another federal agency).
O. 43 U.S.C. Chapter 29, Submerged Lands Act of 1953.
P. 46 U.S.C. 4501 et seq., Commercial Fishing Industry Vessel Safety Act of 1988.
Q. MOU Between the U.S. Coast Guard and OSHA Concerning Occupational Safety
and Health on Artificial Islands, Installations and Other Devices on the Outer
Continental Shelf of the United States, December 19, 1979.
R. Memorandum of Understanding Between the U.S. Coast Guard and OSHA

Concerning the Health and Safety of Seamen on Inspected Vessels, 48 FR 11366,
March 4, 1983, effective March 8, 1983.
S. OSHA Instruction CPL 02-00-051 (Series), Enforcement Exemptions and
Limitations Under the Current Appropriations Act, May 28, 1998.
T. OSHA Instruction CPL 02-00-154, Longshoring and Marine Terminals “Tool Shed”
Directive, July 31, 2012.
U. OSHA Instruction CPL 02-00-162, Shipyard Employment “Tool Bag” Directive,
May 22, 2019.
V. OSHA Instruction CPL 02-00-151, Commercial Diving Operations Directive, June
13, 2011.
W. OSHA Instruction CPL 02-01-055, Maritime Cargo Gear Standards and 29 CFR
Part 1919 Certification, September 30, 2013.
X. OSHA Instruction CSP 01-00-005, State Plan Policies and Procedures Manual,
May 6, 2020.

IV. Cancellations.
This instruction cancels OSHA Instruction CPL 02-01-047, February 22, 2010, as well as
OSHA Instruction STD 03-13-002, July 15, 1982.

V. Action Offices.
A. Responsible Office.
Directorate of Enforcement Programs, Office of Maritime Enforcement.
B. Action Office.
National, Regional, and Area Offices.
C. Information Offices.
None.

VI. Federal Program Change.
This instruction has limited applicability to the State Plans and does not require a
response or adoption. This instruction establishes policies and provides guidance on
OSHA’s coverage of employees on vessels and at facilities located on or adjacent to U.S.
navigable waters and on the Outer Continental Shelf (OCS). It primarily addresses
memoranda of understanding between OSHA and the U.S. Coast Guard and the
application of OSHA general industry, shipyard employment, marine terminals,
longshoring, and construction standards to these situations. (See section X of this
Instruction, Geographical Considerations for more information on State Plan coverage
over vessels.)

VII. Significant Changes.
A. Provides policy guidance for the enforcement of the Occupational Safety and
Health Act (OSH Act) with respect to towing vessels that were added by
legislation (Coast Guard and Marine Transportation Act of 2004) to the list of
vessels that are regarded as “inspected vessels” by the U.S. Coast Guard, codified
at 46 U.S.C. 3301 . The latest date for compliance with the final rule on towing
vessels was July 20, 2018. See 46 CFR § 136.172.
B. Adds reference to Department of the Interior Policy Statement on Regulating
Workplace Safety and Health Conditions on Renewable Energy Facilities on the
Outer Continental Shelf, 84 FR 55861 (October 18, 2019).
C. Provides guidance on marine construction in State Plans.
D. Adds reference to revision of 46 CFR § 25.25, dealing with personal flotation
devices labeling and standards, as well as other applicable standards in 46 CFR
Chapter I, in Appendix C: Applicable U.S. Coast Guard Regulations for
Uninspected Vessels.
E. Cancels OSHA Instruction STD 03-13-002, 29 CFR § 1926.605(a)(1) as Applied to
Marine Construction, July 15, 1982, as it was captured in Appendix G: Questions
and Answers Regarding OSHA Authority on or Adjacent to U.S. Navigable Waters
and on the Outer Continental Shelf (OCS) under Marine Construction.

VIII. Definitions.
Most definitions related to this instruction are derived from longstanding statutory
provisions enforced, and regulations issued, by the U.S. Coast Guard; the pertinent U.S.
Coast Guard reference is provided within brackets where applicable. The following
definitions are applicable to this instruction.
A. Barge: A non-self-propelled vessel [46 U.S.C. 2101].
B. Boundary Line: An identifiable line established under 46 U.S.C. 103. Generally,
boundary lines follow the general trend of the seaward high-water shorelines
and across entrances to small bays, inlets, and rivers. For specific descriptions of
boundary lines refer to 46 CFR Part 7.
C. Certificate of Inspection (COI): A U.S. Coast Guard document issued to United
States vessels required to be inspected by the U.S. Coast Guard and which
contains, among other information: the description of the vessel, the route the
vessel may travel, the minimum crew requirements, the safety equipment and
appliances required to be onboard, the total number of persons that may be
carried, and the names of the owners and operators [46 U.S.C. 3305 and 3309].
D. Commercial Fishing Industry Vessel: A fishing vessel, fish tender vessel, or a fish
processing vessel [46 CFR § 28.50].
E. Fish: Finfish, mollusks, crustaceans, and all other forms of marine animal and
plant life, except marine mammals and birds [46 U.S.C. 2101(11)].

F. Fish Processing Vessel: A U.S. Coast Guard classification for a vessel that
commercially prepares fish or fish products other than by gutting, decapitating,
gilling, skinning, shucking, icing, freezing, or brine chilling [46 U.S.C. 2101(11b)].
G. Fish Processing: As defined by OSHA, fish processing is a production function that
involves any preparation of a fish or fish product by a worker including gutting,
decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. It is
important to recognize that the definition of fish processing used by OSHA,
based on North American Industry Classification System (NAICS) Code 31171
(Seafood Product Preparation and Packaging), is predicated on worker function,
and therefore, may occur on vessels other than a U.S. Coast Guard classified Fish
Processing Vessel (such as a Fish Tender Vessel or Fishing Vessel).
H. Fish Tender Vessel: A U.S. Coast Guard classification for a vessel that
commercially supplies, stores, refrigerates, or transports fish, fish products, or
materials directly related to fishing or the preparation of fish to or from a fishing
vessel, fish tender vessel, fish processing vessel, or a fish processing facility [46
U.S.C. 2101(11c)].
I. Fishing Vessel: A U.S. Coast Guard classification for a vessel that commercially
engages in the catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or harvesting of fish [46
U.S.C. 2101(11a)].
J. Inspected Vessel: The U.S. Coast Guard under 46 U.S.C. 3301 are required to
have a certificate of inspection (COI) issued by the U.S. Coast Guard.
NOTE 1: See Table 90.05-1(a) accompanying 46 CFR § 90.05-1, as well as the
exceptions and other provisions in 46 CFR § 90.05, for descriptions of the
categories of inspected vessels.
NOTE 2: The U.S. Coast Guard Maritime Information Exchange Port State
Information Exchange provides information on whether a vessel has a COI.
Area offices should consult with the local U.S. Coast Guard office to
determine whether the vessel has a COI or is supposed to have a COI as
required by [46 CFR Part 2]. U.S. Coast Guard office contact information can
be found at: https://homeport.uscg.mil/.
K. Navigable Waters of the United States (U.S. navigable waters): Includes State
territorial waters and U.S. inland waters (i.e., all rivers, tributaries, lakes, bays,
and sounds shoreward of the territorial sea baseline) that: are subject to tidal
influence or have been used for interstate or foreign commerce [33 CFR Part
2.36]. (OSHA’s coverage over navigable waters extends 3 nautical miles seaward
from the general, except for Puerto Rico and the Gulf Coast of Florida and Texas,
where OSHA’s coverage extends for 9 nautical miles. See section X -
Geographical Considerations for further information.
NOTE: The U.S. Coast Guard is the agency responsible for making any
determination of whether a body of water is considered to be a U.S.
navigable water. The Area Office can consult the local U.S. Coast Guard office
(see contact information above). Several U.S. Coast Guard districts list the
navigable waterways determinations on their websites, such as: USCG Ninth

District; USCG Thirteenth District; and USCG Seventeenth District.
L. Outer Continental Shelf (OCS) Lands: The submerged subsoil and seabed lying
seaward and outside of the lands beneath navigable waters of the United States)
subject to the jurisdiction of the United States and all artificial islands, and all
installations and other devices permanently or temporarily attached to the
seabed, which may be erected thereon to explore for, develop, or produce
resources therefrom, or any installation or other device (other than a ship or
vessel) to transport such resources. This definition does not include the waters
above these lands (43 U.S.C. 1331(a), 1332(2), and 1333(a)(1)). (See section X -
Geographical Considerations for further information.)
NOTE: MarineCadastre.gov is a joint Bureau of Ocean Energy Management
(BOEM) and National Oceanic and Atmospheric Administration (NOAA)
initiative that can be used to view the delineation between the Outer
Continental Shelf and Federal/State Waters.
M. Permanently Moored Craft (PMC): A craft of design and mooring arrangement
such that it does not have a practical capability of being used as transportation
on the water [U.S. Coast Guard Notice of Policy, Craft Routinely Operated
Dockside, 74 FR 21814-21816 (May 11, 2009)]. A craft classified as a PMC is not
inspected or regulated by the U.S. Coast Guard (i.e., OSHA has authority).
N. Seaman (pl., Seamen): An individual engaged or employed in any capacity
aboard a vessel, and who has a substantial connection with a vessel or fleet of
vessels, and who contributes to the function of the vessel or to the
accomplishment of its mission [46 U.S.C. 30104, “Jones Act”].
NOTE: A seaman is an individual engaged or employed aboard a vessel who
has a substantial connection with a vessel, or an identifiable group of vessels
in navigation, and who contributes to the function of the vessel or to the
accomplishment of its mission, including but not limited to the navigation of
the vessel. The connection to the vessel or vessels must be substantial in
terms of both its duration (30% or more of the seaman’s time) and its nature.
(See the U.S. Supreme Court decision in Chandris, Inc. v. Latsis, 515 U.S. 347
(1995)).
O. Towing Vessel: A commercial vessel engaged in or intending to engage in the
service of pulling, pushing, or hauling alongside, or any combination of pulling,
pushing, or hauling alongside another vessel [46 U.S.C. 2101(40)].
P. Uninspected Vessel: A vessel not subject to inspection under 46 U.S.C. 3301 and
not a recreational vessel under 46 U.S.C. 2101(43). A vessel classified as an
uninspected vessel by the U.S. Coast Guard, (with the exception of commercial
fishing industry vessels), is subject to limited U.S. Coast Guard inspection,
including the following areas, among others: basic firefighting equipment,
approved life jackets and lifesaving equipment, ventilation of engine bilges and
fuel tank compartments, and backfire traps/flame arresters on inboard engine
carburetors using gasoline as a fuel.
NOTE: Uninspected commercial fishing industry vessels must comply with

U.S. Coast Guard regulations applicable to uninspected vessels, as well as a
number of U.S. Coast Guard regulations [46 U.S.C. 4502]. See 46 CFR Part 28.

IX. Applicability of 29 CFR Parts 1910, 1915, 1917, 1918, 1919, and 1926 Standards to
Vessels and Facilities on or Adjacent to U.S. Navigable Waters and on the Outer
Continental Shelf (OCS).
This section provides general guidance and information regarding which OSHA
standards apply when OSHA has safety and health coverage over working conditions of
employees on vessels and facilities on or adjacent to U.S. navigable waters and the OCS.
The relevant provisions are as follows:
• 29 CFR Part 1915 for ship repair, shipbuilding, and shipbreaking (including 29 CFR
Part 1910 requirements applicable to shipyards; see Appendix A of OSHA’s Shipyard
Employment “Tool Bag” Directive);
• 29 CFR Part 1917 for marine terminal operations;
• 29 CFR Part 1918 for longshoring operations;
• 29 CFR Part 1919 for cargo handling gear as referenced under 29 CFR §
1915.115(a)(1) shipyard employment requirements, 29 CFR § 1917.50 marine
terminal requirements, and 29 CFR § 1918.11 longshoring requirements (Part 1919
is not a citable standard; cite violations for failure to certify cargo gear under the
applicable Part 1915, Part 1917, or Part 1918 requirement);
• 29 CFR Part 1926 for marine construction activities;
• 29 CFR Part 1910 for general working conditions not otherwise regulated, such as
the working conditions on uninspected vessels that are not addressed by U.S. Coast
Guard regulations;
• Section 5(a)(1), the general duty clause of the Occupational Safety and Health Act
(OSH Act), for recognized hazards that are causing or are likely to cause death or
serious physical harm to the employees of the employer to be cited, for which there
are no specific OSHA standards or U.S. Coast Guard regulations.

Generally, the applicable OSHA standard depends on the work activity taking place. For
example, a vessel may be loading and unloading cargo at a marine terminal while at the
same time the vessel is undergoing ship repairs. The cargo handling work activity shore-
side is regulated by the Marine Terminals Standards (29 CFR Part 1917) and cargo-
related work done on the vessel (ship) is covered by the Longshoring Standards (29 CFR
Part 1918) (to determine which Part applies see the NOTES, below). However, the work
activity for the vessel repairs is regulated by the Shipyard Employment Standards (29
CFR Part 1915), even though the repairs are being conducted at a marine terminal
instead of a shipyard facility.

The construction of a building in a marine terminal or a shipyard is regulated by the
Construction Standards (29 CFR Part 1926). Likewise, marine construction activities,
such as the construction or repair of bridges, piers, and docks; the installation of sewage
outfalls; dredging; or the loading of a barge with equipment/materials for a marine

construction project; are regulated by the 29 CFR Part 1926 standards. The phrase
“marine construction” refers to construction activities taking place in a marine or
maritime setting.

In certain instances, OSHA General Industry Standards (29 CFR Part 1910) are applicable
to the shipyard employment industry. To determine which general industry standards
apply in shipyard employment, refer to Appendix A of OSHA's Shipyard Employment
“Tool Bag” Directive; this appendix lists the general industry standards in numerical
order, notes whether the general industry standards apply to shipyard operations on the
vessel and/or on the shore, and where the general industry standards do not apply, the
applicable shipyard employment standards are provided under the Remarks/Comments
column.

OSHA’s general industry standards that are applicable in Marine Terminals (29 CFR Part
1917) and in Longshoring (29 CFR Part 1918) are listed in Subpart A of each of the
respective standards. Additional information related to the application of standards in
the marine cargo handling industry is available in OSHA’s Longshoring and Marine
Terminals "Tool Shed" Directive.
NOTE: The longshoring standards apply to all activities related to cargo handling
aboard a vessel, and the gangway is considered part of the vessel. Therefore, when
an employee steps onto the foot of the gangway, 29 CFR Part 1918 applies.
Conversely, when an employee steps onto the pier or dock from the gangway, 29
CFR Part 1917 applies. Cargo transfer accomplished with the use of shore-based
material handling devices is covered by OSHA’s 29 CFR Part 1917, Marine Terminals
Standards.

(See Questions 8 and 9 in Appendix F of OSHA’s Longshoring and Marine Terminals
"Tool Shed" Directive.)

Factory production operations (“fish processing” as defined in Definitions) and
associated equipment operations, including cleaning, maintenance, and repair, are
exclusively covered by the 29 CFR Part 1910 General Industry Standards. Repairs and
maintenance to structural components of the vessel, and mechanical, electrical, and
other systems that are not directly associated with the factory production operations,
are covered by the 29 CFR Part 1915 Shipyard Employment Standards. Such repairs and
maintenance covered by 29 CFR Part 1915 would include repairs and maintenance of
bulkheads, decks, and overheads of the factory area, and any systems in the factory
area that are not related to the factory production operations and not covered by U.S.
Coast Guard regulations.
NOTE 1: If the workplace being inspected or the principal office of the employer is in
the 3rd, 5th, 9th, or 11th Circuit, there is case law that may affect the applicability of
29 CFR Part 1915. For clarification regarding applicable case law, consult OSHA’s
Shipyard Employment “Tool Bag” Directive and contact the appropriate Regional
Solicitor's Office.

NOTE 2: For additional information regarding applicability, see Appendix G:
Questions and Answers Regarding OSHA Authority on or Adjacent to U.S. Navigable
Waters and on the Outer Continental Shelf (OCS) of this instruction.

X. Geographical Considerations.
OSHA’s authority is limited to employment performed within the geographical limits
covered by the OSH Act (See section 4(a), 29 U.S.C. 653(a)). This provision, as modified
by later agreements, states that the OSH Act applies to employment performed in a
State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands,
American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and
the Outer Continental Shelf (OCS) Lands defined in the OCS Act. For the purposes of this
instruction, the term “State” means each of the jurisdictions previously mentioned,
except the Outer Continental Shelf Lands. The above includes all U.S. navigable waters,
as defined above. Although OSHA may have geographical coverage of facilities and
structures that are permanently or temporarily affixed to the seabed of the OCS, OSHA
does not have authority over vessels operating on the Outer Continental Shelf. For
waters within a State that are not U.S. navigable waters, OSHA’s authority over vessels is
the same as for any other workplace within that State (i.e., in State Plan states, the State
has authority to enforce, and in Federal coverage States, OSHA has the authority to
enforce). Finally, there is no geographic limitation of OSHA’s coverage of Executive
Branch federal civilian employees under 29 CFR Part 1960.
A. Coastal States
OSHA’s coverage extends 3 nautical miles seaward from the general coastline
(i.e., Boundary Lines), except for Puerto Rico and the Gulf Coast of Florida and
Texas, where OSHA’s coverage extends for 9 nautical miles. OSHA refers to
these areas as “State territorial waters” (i.e. waters within the territory of a
state). “Coastline” is defined as the line of ordinary high-water line along that
portion of the coast which is in direct contact with the open sea and the line
marking the seaward limit of U.S. inland waters.
NOTE 1: A nautical mile is 6,080 feet, which is 1 minute of latitude on a
nautical chart (a statute mile is 5,280 feet).
NOTE 2: The U.S. Coast Guard is the agency responsible for making any
determination of whether a body of water is considered U.S. navigable
waters. The term, U.S. navigable waters, includes U.S. inland waters (such as
rivers, tributaries, lakes, bays, and sounds).
B. For States Bordering the Great Lakes and the St. Lawrence River and Seaway
All waters in the Great Lakes and associated rivers up to the international
boundary line with Canada are U.S. inland waters.

C. Other Geographical Considerations
1. Oil and gas rigs in State territorial waters or U.S. inland waters. OSHA
covers occupational safety and health on oil and gas rigs that are located
on U.S. navigable waters. Both the U.S. Coast Guard and the Bureau of
Safety and Environmental Enforcement (BSEE) have advised OSHA by
letter that they do not provide such coverage.
2. Shipyard Employment on a Vessel in a Graving Dock, on a Marine
Railway, Drydock or Shiplift. Graving docks, marine railways, drydocks
and shiplifts are part of the navigable waters of the United States.
Consequently, OSHA has safety and health coverage of shipyard workers
working on a vessel (such as a ship or a barge) that is in a graving dock, or
on a marine railway, drydock or shiplift in all States, including States with
State Plans.
3. Mines with pier and dock facilities. Mines include lands, structures,
facilities, and equipment that are used in the extraction, preparation, or
milling of coal or other minerals. The Mine Safety and Health
Administration (MSHA) has authority over the loading/unloading of coal
or other minerals into/out of barges or vessels, including associated pier
or dock facilities, when such transfer is integral to the extraction,
preparation, or milling process. MSHA does not have authority once the
vessel is loaded/unloaded and is underway. MSHA authority extends to
barges and vessels used in mineral dredging operations, such as mining
sand and gravel from underwater deposits, and includes the
loading/unloading of such barges/vessels. Mineral dredging does not
include harbor or ship channel dredging or the mere placement of dredge
spoils, and MSHA does not have authority over these activities.
4. Federal property in a State Plan, located on or adjacent to U.S. navigable
waters. Federal property (such as a military base) located on or adjacent
to U.S. navigable waters may or may not be covered by OSHA for
purposes of safety and health. In States without a State Plan, OSHA
provides safety and health coverage for private – sector employees. In
State Plans coverage of employee safety and health for land-side
operations, such as marine cargo handling operations or shipyard
employment, varies and is dependent upon the specifics of the State
Plan. Questions regarding such coverage should be directed to the
respective OSHA Regional Administrator and the Director, Office of State
Programs.
5. Maritime employment, including marine construction, in States with
State Plans. The majority of State Plans with private sector coverage
exclude maritime employment.

a. Only California, Minnesota, Vermont, and Washington currently
assert safety and health authority over some aspects of private-
sector employment for shipyards and marine terminals. Such
State Plan authority is limited to shore-based activities.
b. All State Plans located adjacent to navigable waterways are
expected to provide coverage to any non-federal public-sector
employees engaged in maritime work (such as State Port
Authority employees).
c. For the most part, State Plans have not asserted authority over
vessels or workplaces on or adjacent to U.S. navigable waterways,
which includes graving docks, floating dry docks, shiplifts, and
marine railways.
d. The following State Plans have expressly retained authority over
marine construction: California (on bridges and on shore); Hawaii
(marine construction not on vessels or other floating structures);
Michigan (all marine construction); Oregon (shore-side marine
construction); Tennessee (all marine construction).
e. For more information on State Plan coverage, see the State Plans
section of http://www.osha.gov/stateplans.
D. Determining Maritime Employment
Determining whether an activity is maritime employment can be critical in
determining if OSHA or a State Plan has coverage over the work activity.
Sections 2(3) and 3(a) of the Longshore and Harbor Workers’ Compensation Act
(LHWCA),33 U.S.C. §§ 902(3), 903(a), which, along with the OSH Act, authorizes
the OSHA maritime standards, rely in part on the term “maritime employment”
to determine LHWCA coverage. In turn, OSHA relies on the interpretation of
“maritime employment” under the LHWCA in determining whether it has
coverage over such work in a State Plan. The Department of Labor’s Longshore
Deskbook contains examples and case law on maritime employment. There are
many different scenarios, and each one should be considered on a case-by-case
basis. Questions regarding such coverage should be directed to the respective
OSHA Regional Administrator; the Director, Office of State Programs; and the
Director, Office of Maritime Enforcement. Below are some scenarios that are
often encountered.
1. U.S. Navigable Waters. The Supreme Court held that a worker who is
injured on actual navigable waters in the course of his employment and
who would have been covered by the LHWCA before 1972 is “engaged in
maritime employment” and is covered by the LHWCA. Director, OWCP v.

Perini North River Associates, 459 U.S. 297, 15 (1983). (Prior to 1972, the
LHWCA only included work directly taking place from navigable waters,
or from vessels floating on navigable waters; the 1972 amendments
extended the zone of coverage to include certain adjacent areas used for
loading, unloading, repairing, or building vessels.) However, work on
structures on the waters (e.g., oil and gas drilling rigs) is not considered
maritime employment for LHWCA coverage purposes (see Herb's
Welding, Inc. v. Gray, 470 U.S. 414 (1985))
2. Bridge Construction. One activity which may be marine construction is
bridge construction. Since the 1972 Amendments to the LHWCA were
enacted, it has generally been held that employees engaged in bridge
construction are covered by the LHWCA only if their duties include
working aboard, or loading or unloading materials from, vessels on
navigable waters or include working on a particular bridge construction
project which will aid navigation. LeMelle v. B. F. Diamond Const. Co.,
674 F.2d 296 (4th Cir. 1982) (bridge worker engaged in maritime
employment because a major purpose of project was to aid navigation);
Gilliam v. Wiley N. Jackson Co., 659 F.2d 54 (5th Cir. 1981); Gonzalez v.
Tutor Saliba, 39 BRBS 80 (2005); Crapanzano v. Rice Mohawk, U.S. Constr.
Co., Ltd., 30 BRBS 81 (1996); Kennedy v. American Bridge Co., 30 BRBS 1
(1996); Pulkoski v. Hendrickson Bros., lnc., 28 BRBS 298 (1994); Johnsen
v. Orfanos Contractors, Inc., 25 BRBS 329 (1992). Thus, as a general rule,
in most cases where the employee is working from a fixed structure, such
as the bridge itself, such an employee is not engaged in maritime
employment. Therefore, State Plans generally cover construction work
done from a bridge. On this issue, the advice of the OSHA Regional
Administrator; the Director, Office of State Programs; and the Director,
Office of Maritime Enforcement, should be sought.
3. Renewable Energy On the Outer Continental Shelf (OCS). Published on
October 18, 2019, is the Department of Interior (DOI) Policy Statement
on Regulating Workplace Safety and Health Conditions on Renewable
Energy Facilities on the Outer Continental Shelf. The Policy Statement
provides that DOI’s Bureau of Safety and Environmental Enforcement will
act as the principal Federal agency for the enforcement of safety and
health requirements for OCS renewable energy facilities by creating a
Safety Management System (SMS) which addresses risks associated with
construction, operation, maintenance, and decommissioning of
renewable energy facilities. DOI considers its regulatory program to
occupy the field of workplace renewable energy facilities, and to preempt
the applicability of the OSHA requirements, including recordkeeping and
reporting regulations. See 29 U.S.C. 653(b)(1). Therefore, OSHA does not
have coverage over occupational safety and health issues for such work.
In carrying out its responsibilities on the OCS, DOI will collaborate and
consult with OSHA (which serves in a non-regulatory role) on workplace

safety and health matters for the offshore wind industry and other
offshore renewable energy industries.
4. Renewable Energy on U.S. Navigable waters. OSHA coverage of
occupational safety and health has not been preempted by any other
federal agency regarding renewable energy facilities that are located on
U.S. navigable waters.

XI. Background on Delineation of Coverage over Vessels between OSHA and U.S. Coast
Guard.
Under section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1), does not apply to working
conditions with respect to which another federal agency has statutory authority and
prescribes and enforces a standard or regulation affecting occupational safety or health.
The U.S. Coast Guard has statutory authority to prescribe and enforce regulations
affecting the safety and health of seamen aboard inspected vessels (See 46 CFR § 2.01-7
and 46 CFR § 90.05-1, including Table 2.01-7(a) and 90.05-1(a) for descriptions of the
categories of inspected vessels). The U.S. Coast Guard has issued comprehensive
regulations for the working conditions of seamen on inspected vessels. Therefore, OSHA
may not enforce the OSH Act (except for regulations dealing with recordkeeping as
discussed in detail below) with respect to any working conditions of seamen on
inspected vessels. In most circumstances, OSHA does have authority over employers for
the working conditions of their employees, other than seamen, who are exposed to
occupational hazards while working on inspected vessels. These employers include
shipyard employers engaged in shipbuilding, ship repairing, shipbreaking, and related
employments, and stevedoring companies with longshoremen working aboard
inspected vessels, as well as certain other employers, such as construction employers
(e.g., those on pipe-laying barges) who are working on the vessel. The delineation of
OSHA and U.S. Coast Guard authority over inspected vessels is set forth in a 1983
Memorandum of Understanding implementing section 4(b)(1) of the OSH Act, 29 U.S.C.
653(b)(1).
The extent of the U.S. Coast Guard preemption of OSHA authority over commercial
uninspected fishing industry vessels underwent significant changes in 1988. In response
to 46 U.S.C. 4501 et seq., the U.S. Coast Guard issued specific regulations for
commercial uninspected fishing, fish tender, and fish processing vessels to improve the
overall safety and health conditions on commercial uninspected fishing industry vessels.
(See Appendix A: Specific Conditions on Commercial Uninspected Fishing Industry
Vessels Subject to OSHA Enforcement, and Appendix B: Applicable U.S. Coast Guard
Regulations for Commercial Uninspected Fishing Industry Vessels)
The U.S. Coast Guard has published applicable regulations for uninspected vessels (See
Appendix C: Applicable U.S. Coast Guard Regulations for Uninspected Vessels).

Due to the complexity of determining the extent to which the U.S. Coast Guard
preempts OSHA authority over inspected, uninspected, and commercial uninspected
fishing industry vessels, additional clarification of OSHA and U.S. Coast Guard authority
and enforcement activities on vessels is provided herein. A U.S. Supreme Court
decision, Chao v. Mallard Bay Drilling, Inc., 534 U.S. 235 (2002), affirmed OSHA’s
authority over the working conditions of seamen on uninspected vessels which are not
addressed by U.S. Coast Guard regulations.
On August 9, 2004, Congress gave the U.S. Coast Guard authority to regulate towing
vessels as inspected vessels under 46 U.S.C. 3301; as a general rule, such vessels were
previously classified as uninspected vessels. The U.S. Coast Guard began exercising this
authority with respect to certain towing vessels in 2018 (see 46 CFR § 136.105 for
applicability).

XII. Inspected Vessels.
A. Authority Over Inspected Vessels
The U.S. Coast Guard exercises full authority over the safety and health of
seamen (See Definitions) aboard vessels which are required to be inspected and
certificated by the U.S. Coast Guard (i.e., inspected vessels). The working
conditions of seamen on inspected vessels are regulated by the U.S. Coast Guard
through the issuance of 46 CFR Chapter I regulations. Interpretations of U.S.
Coast Guard requirements and enforcement procedures are set forth in the
Marine Safety Manual and by Navigation and Vessel Inspection Circulars. With
respect to inspected vessels, OSHA refers all safety and health complaints
regarding the working conditions of seamen to the U.S. Coast Guard for its
consideration to determine whether the events complained of constitute
hazardous conditions. (See 1983 MOU between the U.S. Coast Guard and OSHA,
Appendix D: Memorandum of Understanding (MOU) Between the U.S. Coast
Guard and OSHA Concerning the Health and Safety of Seamen on Inspected
Vessels)
1. Types of inspected vessels. The types of inspected vessels are generally
set forth in 46 U.S.C. 3301. Section 3301 lists freight vessels, nautical
school vessels, offshore supply vessels, passenger vessels, sailing school
vessels, seagoing barges, seagoing motor vessels, small passenger
vessels, steam vessels, tank vessels, fish processing vessels (more than
5,000 gross tons; see 46 U.S.C. 3302(c)(1)), fish tender vessels (more than
500 gross tons; see 46 CFR U.S.C. 3302(c)(2)(A)), Great Lakes barges, oil
spill response vessels, and towing vessels. Exemptions are set forth in 46
U.S.C. 3302. To make a definitive determination regarding whether a
vessel is inspected, the Area Office must consult with the local U.S. Coast
Guard office. (See https://homeport.uscg.mil/)

Towing vessels (except as discussed below) are inspected vessels and the
OSH Act does not apply to the working conditions of seamen aboard
those vessels. The following towing vessels are not “inspected vessels”
and continue to be classified as “uninspected vessels”:
a. A vessel less than 26 feet (7.92 meters) in length measured from
end to end over the deck (excluding the sheer), unless that vessel
is pushing, pulling, or hauling a barge that is carrying oil or
hazardous material in bulk;
b. Vessel engaged in one or more of the following:
1. Assistance towing as defined in §136.110;
2. Towing recreational vessels for salvage; or
3. Transporting or assisting the navigation of recreational
vessels within and between marinas and marina facilities,
within a limited geographic area, as determined by the
local Captain of the Port (COTP);
c. A workboat operating exclusively within a worksite and
performing intermittent towing within the worksite;
d. A propulsion unit used for the purpose of propelling or controlling
the direction of a barge where the unit is controlled from the
barge, is not normally manned, and is not utilized as an
independent vessel.
NOTE 1: The U.S. Coast Guard is required by 46 CFR § 4.07-1 to
conduct an investigation of all marine casualties or accidents,
as defined in 46 CFR § 4.03-1, to ascertain the cause of the
casualty or accident. The mere fact that the U.S. Coast Guard
is authorized to investigate a marine casualty or accident, or
investigates one, does not mean that OSHA is preempted from
exercising its authority pertaining to occupational safety and
health.
NOTE 2: Federal employees who are considered seamen on
inspected vessels (i.e., Military Sealift Command (MSC) civilian
service mariners (CIVMARs), NOAA mariners, and Maritime
Administration Ready Reserve fleet mariners) are still covered
under OSHA’s authority for the federal safety program
(Executive Order 12196) unless they are performing uniquely
military operations as defined in 29 CFR § 1960.2(i).
2. Certificates of inspection (COIs). Inspected vessels are required to carry a
certificate of inspection (COI) issued by the U.S. Coast Guard. If a vessel

has or is required to have a COI, OSHA may not issue a citation with
respect to any working conditions of seamen. To determine whether a
vessel is an inspected vessel, the owner(s) or master of the vessel should
be able to provide the Compliance Safety and Health Officer (CSHO) with
a copy of the COI. In the event that the owner(s) or master is not able to
provide a copy of the COI, but still claims that the vessel is an inspected
vessel, the Area Office can look up on the USCG Maritime Information
Exchange Port State Information Exchange website to determine if the
vessel has a COI and should consult with the local U.S. Coast Guard office
to determine if it has a COI or if it is required to have a COI by 46 CFR
Part 2. If the vessel does have a COI or the U.S. Coast Guard verifies that
the vessel is required to have a COI, OSHA may not issue any citations
with respect to the working conditions of seamen, except citations for
recordkeeping violations under 29 CFR 1904 (see discussion of
application of recordkeeping requirements below). U.S. Coast Guard
regulations do not preempt OSHA from enforcing recordkeeping
requirements. (See additional discussion below.)
3. Authority over employees other than seamen on inspected vessels. In
most circumstances, OSHA has authority over employers for the working
conditions of their employees, other than seamen, who are exposed to
occupational hazards while working on inspected vessels. These
employers include those engaged in longshoring, shipbuilding, ship
repair, shipbreaking, general industry, or construction operations.

However, pursuant to section 4(b)(1) of the OSH Act, citations may not be
issued to persons subject to U.S. Coast Guard enforcement, i.e., owners,
charterers, managing operators, agents, masters, or individuals in charge
of an inspected vessel, for the exposures of non-seamen individually
employed by such persons to working conditions which have been
specifically addressed by U.S. Coast Guard regulations. To determine
whether a specific Coast Guard regulation applies to a working condition,
i.e., a hazard, check the regulations in Chapter 1 of Title 46 of the Code of
Federal Regulations, except Subchapters A, B. and C, and consult with the
local Coast Guard Office.
4. Determining whether an employee is a seaman. For the definition of
seamen see Definitions, section VIII of this Instruction. To determine
whether an individual is a seaman, OSHA personnel should review the
vessel’s COI since it will provide relevant information about the crew. The
COI may specifically indicate vessel crew member billets which would,
thereby, classify members of the officer rating by a license, and other
crew members by the issuance of a Merchant Mariners Document.

However, the COI is not absolutely determinative; other individuals may
be seamen if they meet the definition in section VIII.
5. Application examples. The following examples, which are not all inclusive,
address some previously encountered situations:
a. “Inspected” barge is being used for marine construction activities
but the COI lists no crew members. Inspected barges may be used
for marine construction activities, but the COI lists no
crewmembers (listed on the COI as “0” or “None”). If the
employer of the construction worker(s) is not a U.S. Coast Guard-
covered entity (i.e., the vessel’s owner or operator or other
person subject to the inspected vessel laws enforced by the U.S.
Coast Guard), section 4(b)(1) of the OSH Act does not bar OSHA
from citing that employer. If the employer of the construction
worker is a U.S. Coast Guard-covered entity, OSHA must
determine whether the construction workers are seamen. If they
are seamen, OSHA may not cite for hazards affecting these
workers. If they are not seamen, OSHA may cite for any such
hazard, unless the hazard is specifically addressed by a U.S. Coast
Guard regulation.
b. Fish processors over 5,000 gross tons. The U.S. Coast Guard
classifies fish processors over 5,000 gross tons as inspected
vessels (i.e., COI); currently, there is only one such vessel, the
Ocean Phoenix. The safety and health of workers that meet the
definition of seamen on such vessels are covered by the U.S.
Coast Guard and not OSHA. All other fish processors are 5,000
gross tons or less and are classified as Commercial Uninspected
Fish Processing Vessels. (See Appendix A: Specific Conditions on
Commercial Uninspected Fishing Industry Vessels Subject to OSHA
Enforcement; and Appendix B: Applicable U.S. Coast Guard
Regulations for Commercial Uninspected Fishing Industry Vessels.)
c. Maintenance personnel that service inspected vessels. There are
situations where maintenance personnel, who would otherwise
be considered shore-based workers, will be considered seamen. If
the employer can show that such maintenance personnel spend
30% or more of their time (includes transit time to and from the
vessels) performing maintenance on an inspected vessel or an
identifiable group of inspected vessels (such as company ships or
floating offshore rigs), then these personnel meet the definition

of seamen. (See the U.S. Supreme Court case, Chandris, Inc. v.
Latsis, 515 U.S. 347 (1995).)
d. Gaming or entertainment vessels and craft. There are several
hundred gaming or entertainment vessels and craft (such as
floating casinos, sightseeing vessels, and dinner cruise vessels)
that operate in the United States. If they routinely get underway,
then they are classified as vessels, as defined in 1 U.S.C. 3, and
they are considered inspected vessels and will have, or are
required to have, a certificate of inspection (COI).

NOTE 1: A gaming or entertainment vessel that is inspected
will have personnel that are U.S. Coast Guard-licensed or
documented (such as masters, mates, engineers, and crew)
and personnel that are not licensed or documented (such as
card dealers, entertainers, musicians, bartenders, and
restaurant employees). Since the work of the inspected vessel
includes gaming or entertainment, all personnel aboard
whose work includes gaming or entertainment are considered
to be seamen and are covered by the U.S. Coast Guard for
purposes of safety and health.

NOTE 2: Gaming or entertainment craft that are not
“inspected vessels” within the meaning of the U.S. Coast
Guard statues are classified by the U.S. Coast Guard as
permanently moored craft (PMC). On gaming or
entertainment craft that are classified as PMC, OSHA retains
safety and health coverage for all employees; this includes
U.S. Coast Guard-licensed officers and documented Merchant
Mariners that may be assigned to work on the PMC. See
Permanently Moored Craft, below, for additional guidance.
e. Seamen of an inspected vessel rigging an uninspected vessel for
towing. Seamen that are assigned to an inspected vessel
sometimes will be required to rig an uninspected vessel or barge
for tow, and also may be required to serve as the riding crew on
the uninspected vessel when it is towed. Since such seamen are
performing the work of the inspected vessel, which is to tow the
uninspected vessel, they retain their status as seamen when
performing work activities on the uninspected vessel. As a matter
of policy, these seamen are covered by the U.S. Coast Guard for
purposes of safety and health and OSHA will not issue citations
with respect to the working conditions of these seamen.

f. Commercial diving from an inspected vessel. The U.S. Coast Guard
regulates commercial diving conducted from an inspected vessel
as per 46 CFR, Chapter I, Part 197, Subpart B regulations (i.e., the
dive location is on the inspected vessel; see OSHA Instruction CPL
02-00-151, 29 CFR Part 1910, Subpart T – Commercial Diving
Operations, June 13, 2011).
g. Longshoring operations on Military Sealift Command (MSC)
vessels. OSHA has authority under the OSH Act over longshoring
operations aboard U.S. Navy vessels and within a marine terminal
at a U.S. Navy facility when the work is performed by a contractor.
U.S. Navy civilian personnel are covered under Executive Order
12196, implemented by 29 CFR Part 1960. There are no
geographic limitations of OSHA's coverage for federal Executive
Branch civilian employees as defined in 29 CFR § 1960.2(i).
Therefore, OSHA's authority extends to all federal civil service
mariners (CIVMARs) in the U.S. Navy's Military Sealift Command
(MSC).
NOTE: OSHA does not cover Armed Forces personnel
(uniformed military both active and reserve) such as: U.S.
Navy (including MSC military department (MILDEPT)), U.S.
Army, U.S. Air Force, U.S. Space Force, U.S. Marine Corps, and
U.S. Coast Guard. However, under Executive Order 12196
OSHA does cover the commissioned corps of the National
Oceanic and Atmospheric Administration (NOAA) and the
Public Health Service.
6. Local U.S. Coast Guard Offices. U.S. Coast Guard offices can help in those
situations where it is difficult to determine whether an individual would
be defined as a seaman (the following link will provide contact
information for local U.S. Coast Guard offices:
https://homeport.uscg.mil/). In situations where a disagreement arises or
a question remains, the OSHA National Office, Office of Maritime
Enforcement, should be contacted through the respective OSHA Regional
Office before any violation is cited.
B. OSHA Requirements Enforceable on Inspected Vessels
As noted above, in most circumstances OSHA may exercise its authority to cite
employers (other than the owners, operators, agents or masters of inspected
vessels employing only seamen) for all violations of working conditions on a
vessel when such violations occur within OSHA's geographical authority.
Employers under OSHA authority typically include those that conduct marine
cargo handling (marine terminals and longshoring), and/or employ workers
engaged in ship repairing, shipbuilding, shipbreaking, or construction.

1. OSHA authority over non-seamen. An owner, operator, agent, or master
of an inspected vessel may be cited for exposure of non-seamen that it
employs to a hazard that is not regulated by the U.S. Coast Guard.
2. Recordkeeping requirements. In addition, as previously noted, OSHA’s
position is that U.S. Coast Guard regulations do not preempt OSHA from
enforcing recordkeeping requirements on vessels (both inspected and
uninspected vessels), regardless of whether only seamen are employed.
The recording of occupational injuries and illnesses by employers is
required for all situations where OSHA has geographical coverage over
the working conditions of vessels (see section X of this Instruction,
Geographical Considerations). Although the Occupational Safety and
Health Review Commission has ruled that OSHA regulations requiring the
recording of injuries are preempted by U.S. Coast Guard injury reporting
regulations, Tidewater Pacific, Inc., 1997 WL 138287at *6-*7 (No. 93-
2529 1997), that ruling was reversed by the 9th Circuit in Herman v.
Tidewater Pacific, Inc., 160 F.3rd 1239, 1246-47 (9th Cir. 1998). The
agency follows the 9th Circuit decision. However, as a matter of policy,
OSHA will not cite the owner, operator, agent, or master of an inspected
vessel for failure to report the death of a seaman or any other injury to a
seaman covered by 29 CFR § 1904.39.
3. Other applicable OSHA requirements. OSHA requirements which remain
enforceable on inspected vessels against employers of employees other
than seamen are as follows:
a. 29 CFR Part 1915 for ship repair, shipbuilding, and shipbreaking
(including applicable 29 CFR Part 1910 requirements; see OSHA’s
Shipyard Employment “Tool Bag” Directive, Appendix A);
b. 29 CFR Part 1918 for longshoring operations;
c. 29 CFR Part 1919 for cargo handling gear as referenced under 29
CFR § 1915.115(a)(1) shipyard employment requirements, and 29
CFR § 1918.11 longshoring requirements (Part 1919 is not a
citable standard; cite violations of failure to certificate cargo gear
under the applicable Part 1915 or Part 1918 requirement);
d. 29 CFR Part 1926 for marine construction activities;
e. 29 CFR Part 1910 for general working conditions not otherwise
regulated; and
f. Section 5(a)(1), the general duty clause of the Occupational Safety
and Health Act (OSH Act), for recognized hazardous situations that
are causing or are likely to cause death or serious physical harm to

the employees of the employer to be cited, for which there are no
specific OSHA standards or U.S. Coast Guard regulations.
NOTE: Situations will occur during enforcement activities
where OSHA is not preempted but the vessel hazard is
regulated by the U.S. Coast Guard. Such a situation may arise
when OSHA is inspecting a shipyard or longshoring employer.
A common example is the height of guardrails – OSHA
requires a 42-inch minimum top rail, but the U.S. Coast Guard
allows various heights that are not specifically allowed in the
OSHA standards. In such cases involving vessel or hardware
design specifications, OSHA, as a matter of policy, shall not
cite the employer for the condition if it complies with U.S.
Coast Guard requirements. However, if a shipyard or
longshoring employee was exposed to a fall into a hatch
because an installed guardrail or lifeline was missing or had
been taken down, then OSHA shall cite the violation.
4. Permanently Moored Craft
a. Crafts that do not have a practical capability of being used as
transportation on the water are classified by the U.S. Coast Guard
as permanently moored crafts (PMC) and are not vessels as
defined by 1 U.S.C. 3. This change was announced in the U.S.
Coast Guard Notice of Policy, Craft Routinely Operated Dockside,
74 FR 21814-21816 (May 11, 2009), and became effective on May
11, 2009. Such crafts are not subject to U.S. Coast Guard
inspection or any U.S. Coast Guard regulations; thus, OSHA is not
preempted by the U.S. Coast Guard. Typically, a PMC is a vessel
being used as a theater, hotel, restaurant, museum, factory,
gaming casino, chapel, storage facility, or similar type of use. The
criteria for determining whether a craft has a practical capability
of being used as transportation on water shall be determined by
the Officer in Charge, Marine Inspection (OCMI), for the area
where the facility is located as set forth in the U.S. Coast Guard
Notice of Policy. OSHA may exercise its authority to cite
employers for violations of working conditions to which their
employees are exposed on such crafts. If there are any questions,
contact the OSHA National Office, Office of Maritime
Enforcement.
b. For the purpose of determining which OSHA standards apply,
consider the work/task that is being done. These craft are

considered vessels as defined by 29 CFR § 1915.4(f). This includes
special purpose floating structures not primarily designed for or
used as a means of transportation on water. Thus, 29 CFR Part
1915 standards can also apply to PMCs.

XIII. Commercial Uninspected Fishing Industry Vessels.
A. Authority over Commercial Uninspected Fishing Industry Vessels
Authority over working conditions (hazards) on commercial uninspected fishing
industry vessels is shared by the U.S. Coast Guard and OSHA, with the U.S. Coast
Guard being the lead agency. OSHA is precluded under section 4(b)(1) of the OSH
Act from enforcing requirements pertaining to working conditions regulated by
another federal agency. Applicable U.S. Coast Guard regulations in force that
preempt OSHA for commercial uninspected fishing industry vessels are set forth
in 46 CFR Part 28 and are summarized in Appendix B: Applicable U.S. Coast
Guard Regulations for Commercial Uninspected Fishing Industry Vessels of this
instruction. These vessels (fish processors 5,000 gross tons and less, fish tenders
500 gross tons and less, and all fishing vessels; see Definitions) are also subject to
the general regulations for uninspected vessels summarized in Appendix C:
Applicable U.S. Coast Guard Regulations for Uninspected Vessels.
1. OSHA will continue to issue citations to the owners, charterers, managing
operators, or agents in charge of commercial uninspected fishing industry
vessels for working conditions that are not specifically covered by U.S.
Coast Guard regulations within the geographical limits as specified in this
instruction, for the protection of all employees, including seamen. A list
of the most common enforceable OSHA requirements for commercial
uninspected fishing industry vessels is provided in Appendix A: Specific
Conditions on Commercial Uninspected Fishing Industry Vessels Subject
to OSHA Enforcement. As in the case of inspected vessels, U.S. Coast
Guard regulations do not preempt OSHA from citing shipyard and
longshoring employers whose employees are exposed to hazards when
working on these vessels.
2. Under 29 CFR § 1903.6(a)(3) OSHA is allowed to give advance notice to
appropriate personnel needed to aid in an inspection. It is sometimes
desirable to have U.S. Coast Guard personnel present during OSHA
inspections of commercial uninspected fishing industry vessels.
Therefore, when practical and feasible, the OSHA Area Director will
advise the U.S. Coast Guard in advance of inspections to be conducted
aboard these vessels, and OSHA compliance officers will allow U.S. Coast

Guard personnel to accompany them at the option of the U.S. Coast
Guard.
a. OSHA shall advise the U.S. Coast Guard on a case-by-case basis of
OSHA's requirement that vessel owners and employers are not
given advance notice of the inspection.
b. Specific occupational hazards noted by OSHA compliance safety &
health officers (CSHOs) that are addressed by U.S. Coast Guard
regulations will be referred to the local U.S. Coast Guard office in
writing through the use of a completed unprogrammed activity
(UPA) self-referral within the OSHA Information System (OIS).
First, the CSHO completes the UPA referral information. Next,
within the “Assign/Transfer” section, under the “Transfer
Information” and “Transfer to Category”, the CSHO selects “Other
Federal Agency” from the drop-down menu. Third, the CSHO
enters “United States Coast Guard” in the text box for “Federal
Agency Name”. Lastly, the CSHO or supervisor enters the transfer
date and can transmit the UPA along with the appropriate cover
letter. The CSHO or supervisor also have the option to enter the
name of the person to whom the UPA referral is being transferred
This procedure allows the OIS to have specific and special data for
referrals to the United States Coast Guard. Otherwise, the
violations will be cited by OSHA compliance officers under OSHA
procedures.
B. OSHA Requirements Enforceable on Commercial Uninspected Fishing Industry
Vessels
OSHA may exercise its authority to cite employers of commercial uninspected
fishing industry vessels for all violative working conditions on a vessel when such
exist within OSHA's geographical authority, and when such violations are not
specifically addressed by U.S. Coast Guard regulations. Primarily these employers
are those who employ fishing industry employees (primarily processing line
workers) An employer who is an owner, charterer, managing operator, or agent
in charge of a commercial uninspected fishing industry vessel may be cited for
hazards to which any of their employees, including seamen, are exposed if the
hazard is not regulated by the U.S. Coast Guard. As in the case of inspected
vessels, U.S. Coast Guard regulations do not preempt OSHA from citing shipyard
and longshoring employers whose employees are exposed to hazards when
working on these vessels.
1. OSHA compliance officers may cite for violations of 29 CFR Part 1910
standards except where 29 CFR Part 1915 standards apply to ship repair,
shipbuilding, and shipbreaking; and where 29 CFR Part 1918 standards
apply to longshoring operations. OSHA's Shipyard Employment “Tool

Bag” Directive, Appendix A, has a complete listing of those 29 CFR Part
1910 standards that can be applied in a ship repair situation. See
Appendix A: Specific Conditions on Commercial Uninspected Fishing
Industry Vessels Subject to OSHA Enforcement of this directive for
specific conditions that are subject to OSHA enforcement.
NOTE: Factory production operations and associated equipment
operations, including cleaning, maintenance, and repair are
exclusively covered by the 29 CFR Part 1910 General Industry
Standards (this includes Lock-Out and Tag-Out under 29 CFR §
1910.147). Repairs and maintenance to structural components of the
vessel, and mechanical, electrical, and other systems that are not
directly associated with the factory production operations are
covered by the 29 CFR Part 1915 standards. Such repairs and
maintenance covered by 29 CFR Part 1915 would include repairs and
maintenance of bulkheads, decks, and overheads of the factory area
and any systems in the factory area that are not related to the factory
production operations and are not covered by U.S. Coast Guard
regulations.
2. Recognized hazardous conditions that cause or are likely to cause death
or serious physical harm to the employer’s employees for which there are
no specific OSHA or U.S. Coast Guard regulations may be cited under
section 5(a)(1) of the OSH Act.
3. Employer reporting of fatalities and certain injuries and illnesses to OSHA
under 29 CFR § 1904.39 are required on uninspected vessels, including
uninspected fishing industry vessels for all situations where OSHA has
geographical authority over the working condition(s). Section 4(b)(1) of
the OSH Act does not apply to these reporting obligations, regardless of
the existence of any U.S. Coast Guard accident reporting regulations.

XIV. Uninspected Vessels (Other than Commercial Uninspected Fishing Industry Vessels)
A. Authority over Uninspected Vessels (Other than Commercial Uninspected
Fishing Industry Vessels)
The U.S. Coast Guard has regulations (46 CFR Parts 24, 25, and 26) for
uninspected vessels that deal with and provide for limited equipment safety
checks of the following: personal flotation devices, lifesaving equipment, fire
extinguishing equipment, firefighting equipment, ventilation of engine bilges and
fuel tank compartments, back-fire traps/flame arresters on inboard engine
carburetors using gasoline as a fuel, cooking, heating, and lighting systems for
passenger-carrying vessels and operational requirements (See Appendix C:
Applicable U.S. Coast Guard Regulations for Uninspected Vessels). Additional
regulations are found in 46 CFR Chapter I, Subchapters E (Load Lines), F (Marine

Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision
and Stability), and W (Lifesaving Appliances and Arrangements). All other
working conditions aboard an uninspected vessel are subject to OSHA authority.
As provided in 46 CFR § 24.05-1(a), U.S. Coast Guard regulations for uninspected
vessels are not applicable to:
1. Any vessel in a State Plan state that is operating on waters which are not
U.S. navigable waters. The nearest U.S. Coast Guard office
https://homeport.uscg.mil/ will provide a determination on the issue of
navigability (i.e., whether the waters are or are not U.S. navigable waters)
upon request. (See Section VIII, Definitions of this instruction for the
definition of Navigable Waters of the United States);
2. Any vessel while laid up and dismantled and out of commission; and
3. Any vessel with title vested in the United States that is used for public
purposes (e.g., NOAA vessels as defined in 46 U.S.C. 2101(33)), except
vessels of the U.S. Maritime Administration.
NOTE: U.S. Coast Guard regulations (46 CFR Parts 24, 25, and 26) shall
be reviewed prior to conducting inspections of uninspected vessels,
unless there is insufficient time due to an emergency, and prior to the
issuance of citations for violations.
B. OSHA Requirements Enforceable on Uninspected Vessels (Other than
Commercial Uninspected Fishing Industry Vessels)
OSHA may exercise its authority to cite employers for all violative working
conditions affecting their employees on uninspected vessels when such
violations exist within OSHA's geographical authority (i.e., U.S. inland waters, 3
nautical miles seaward from the general coastline (i.e. Boundary Lines), except
for the Gulf Coast of Florida, Texas, and Puerto Rico where OSHA’s coverage
extends for 9 nautical miles, and waters that are not U.S. navigable waters in
States covered by OSHA) and when such violations are not specifically addressed
by U.S. Coast Guard regulations.
1. An employer who is an owner, charterer, managing operator, or agent in
charge of an uninspected vessel may be cited for hazards to which any of
their employees, including seamen, are exposed if the hazard is not
regulated by the U.S. Coast Guard.
a. OSHA compliance officers have the authority to inspect for
possible violations of 29 CFR Part 1910 standards except where 29
CFR Part 1915 standards apply for ship repair, shipbuilding, and
shipbreaking (See OSHA’s Shipyard Employment “Tool Bag”
Directive, Appendix A); where 29 CFR Part 1918 standards apply

for longshoring operations; and where 29 CFR Part 1926
standards apply for marine construction activities. See Appendix
C: Applicable U.S. Coast Guard Regulations for Uninspected
Vessels of this instruction for specific conditions that are subject
to OSHA enforcement.
b. Recognized hazardous conditions that are causing or are likely to
cause death or serious physical harm to employees of the
employer, for which there are no specific OSHA standards or U.S.
Coast Guard regulations, may be cited under the provisions of
section 5(a)(1) of the OSH Act.
c. A list of the hazards regulated aboard uninspected vessels by the
U.S. Coast Guard is provided in Appendix C: Applicable U.S. Coast
Guard Regulations for Uninspected Vessels. Noted violations of
these U.S. Coast Guard regulations shall be referred to the nearest
U.S. Coast Guard office.
2. The reporting of fatalities and multiple hospitalization incidents under 29
CFR § 1904.39 by employers to OSHA is required for all situations where
OSHA has geographical authority (i.e., U.S. inland waters, 3 nautical miles
seaward from the general coastline (i.e. Boundary Lines), except for the
Gulf Coast of Florida, Texas, and Puerto Rico where OSHA’s coverage
extends for 9 nautical miles, and waters that are not U.S. navigable
waters in States covered by federal OSHA) over the working condition(s) .
Section 4(b)(1) of the OSH Act does not apply to the reporting of
accidents, regardless of the existence of any U.S. Coast Guard accident
reporting regulations). See Appendix A: Specific Conditions on
Commercial Uninspected Fishing Industry Vessels Subject to OSHA
Enforcement of this instruction for specific conditions that are subject to
OSHA enforcement.

XV. Requirements Enforceable on Outer Continental Shelf (OCS) Lands, Facilities, and
Structures Engaged in Oil, Natural Gas, or Sulfur Drilling.
The OSH Act covers the OCS Lands (Section 4(a), 29 U.S.C. 653(a)). The OCS Lands, as
defined in 43 U.S.C. 1331(a), are all submerged lands lying seaward and outside of State
boundaries within U.S. jurisdiction (i.e., out to the continental slope). Such jurisdiction
extends to submarine areas underwater 200 meters deep or, beyond that limit, to
where the depth of the water allows the exploitation of natural resources (Convention
on the Continental Shelf, T.I.A.S. No. 5578, 15 U.S.T. 471).
NOTE: OSHA requirements, including recordkeeping and reporting regulations, do
not apply to renewable energy facilities (e.g., wind facilities) on the OCS.

A. General Information
The OCS Lands Act, enacted in 1953, granted the U.S. Coast Guard principal
safety and health authority on the Outer Continental Shelf. The OCS Lands Act
Amendments of 1978 expanded the U.S. Coast Guard’s role for occupational
safety and health on the OCS. By these amendments, Congress authorized the
U.S. Coast Guard to regulate matters of safety and health on the OCS. The U.S.
Coast Guard, within the Department of Homeland Security (DHS), regulates the
safety of life and property and the safety of navigation and protection of the
environment for OCS activities. In addition, the U.S. Coast Guard regulates
workplace safety and health, as well as enforces requirements related to
personnel, workplace activities, conditions, and equipment for OCS activities.
The U.S. Coast Guard is responsible for oil spill preparedness and response and
conducts research related to these mission requirements.
Since its formation in 2010, the Bureau of Safety and Environmental
Enforcement (BSEE) of the Department of the Interior regulates well operations
for OCS activities, including drilling, completions, workover, production, and
decommissioning, and reviews and approves these facilities' oil spill response
plans. BSEE exercises safety and environmental enforcement authority (e.g., -
requiring Safety and Environmental Management Systems (SEMS)), permitting
OCS operations, conducting inspections and investigations, enforcing regulatory
requirements, assessing penalties, and conducting research. See BSEE’s
interagency coordination to assist with determining regulatory responsibilities.
1. Section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1), precludes the
application of the OSH Act to working conditions addressed by another
agency's regulations or standards.
2. While BSEE’s SEMS regulations are quite broad, there may be gaps in
what is covered by BSEE regulations and an individual SEMS program.
OSHA may have authority to regulate working conditions that fall into
those gaps. For further information CSHOs should review the Region 10
memo concerning Coverage of Operation on Northstar Island, AK.
3. 43 U.S.C. 1347(d) expressly preserves the applicability of the OSH Act to
all hazardous working conditions on the OCS, except those addressed by
other federal agencies' regulations. It states, “Nothing in this subchapter
shall affect the authority provided by law to the Secretary of Labor for
the protection of occupational safety and health.”
4. The U.S. Coast Guard has promulgated regulations on many occupational
safety and health issues on the OCS (such as PPE, housekeeping, guarding
of deck openings, lock out tag out (LOTO), means of escape, lifesaving
appliances, firefighting equipment, emergency equipment, work vests,

alarm systems, emergency evacuation plans, and safety zones, 33 CFR §
140.1 et seq.), as well as on commercial diving, 46 CFR Part 197, Subpart
B et seq. (the U.S. Coast Guard diving regulations also cover diving in
other locations such as diving conducted from an inspected vessel). BSEE
also has some safety and health regulations, primarily dealing with fire
and explosion hazards, 30 CFR § 250.106 et seq. However, OSHA, in
accordance with section 4(b)(1), still has responsibility for any hazardous
working condition for which the U.S. Coast Guard or BSEE has not yet
promulgated a regulation (see Chao v. Mallard Bay Drilling, Inc., 534 U.S.
235 (2002)). As the U.S. Coast Guard or BSEE promulgate additional
worker safety and health regulations, OSHA’s application to OCS
workplaces will diminish.
5. Both U.S. Coast Guard marine inspectors and inspectors of the BSEE,
under the direction of the U.S. Coast Guard Officer in Charge, Marine
Inspection, conduct safety and health inspections on the OCS (33 CFR §
140.101(c), 30 CFR § 250.130). These investigations alone do not relieve
OSHA of its responsibilities. Working conditions may exist on offshore
oil/gas rigs which are addressed by OSHA standards applicable to general
industry and the construction industry, for which neither the U.S. Coast
Guard nor the BSEE has promulgated regulations.
6. Appendix E: Memorandum of Understanding Between the U.S. Coast
Guard and OSHA Concerning Occupational Safety and Health on the
Outer Continental Shelf (OCS) signed by OSHA and the U.S. Coast Guard
sets forth procedures intended to avoid duplication regarding the
issuance of citations for violations and regulatory overlap, while still
retaining the agencies' mutual responsibilities.
NOTE 1: Contact the nearest U.S. Coast Guard office for assistance in
determining what constitutes the OCS and what U.S. Coast Guard
regulations may apply. (See https://homeport.uscg.mil/)
NOTE 2: OSHA provides employee safety and health coverage on oil and
gas rigs within 3 nautical miles seaward from the general coastline (i.e.
Boundary Lines), except for Puerto Rico and the Gulf Coast of Florida and
Texas where OSHA’s coverage extends for 9 nautical miles and U.S. inland
waters. OSHA coverage of occupational safety and health has not been
preempted by any other federal agency regarding oil and gas rigs that are
located on U.S. navigable waters. Both the U.S. Coast Guard and the BSEE
have advised OSHA by letter that they do not regulate in those areas.
B. Requirements of the MOU between the U.S. Coast Guard and OSHA on the
Outer Continental Shelf (OCS) (see Appendix E).

1. Sections I, II, and III of the MOU provide a general description of the
purpose of the MOU, a definition of the working conditions on the OCS,
and an outline of each agency's responsibilities.
2. Section IV.A of the MOU enumerates five areas pertaining to standards
development and promulgation which will be the responsibility of the
headquarters staff of both agencies.
3. Section IV.B of the MOU includes the statements of authorities,
procedures, and specifics to be followed in carrying out the intent of the
MOU as follows:
a. Routine enforcement activities (Section IV.B.1.c.), where the U.S.
Coast Guard does not exercise statutory authority to prescribe or
enforce regulations affecting occupational safety and health on
the OCS, shall not be conducted by the concerned OSHA field
office prior to discussion with the local U.S. Coast Guard office as
to the procedures the OSHA office intends to follow.
b. General schedule inspections, in the absence of a request by the
U.S. Coast Guard, shall be conducted by the Area Office only after
permission is obtained from the Regional Administrator.
c. Complaints regarding violations of occupational safety or health
requirements or other unsafe conditions shall be referred to the
commander or officer-in-charge of the local U.S. Coast Guard
office for action. U.S. Coast Guard office contact information can
be found at: https://homeport.uscg.mil/.
• The complainant shall be informed of the above action and
also will be provided the office address and telephone
number of the appropriate U.S. Coast Guard office;
• The OSHA office receiving the complaints shall maintain a
record of complaints and shall periodically monitor and
record the actions taken by the U.S. Coast Guard;
• Written and oral complaints shall be forwarded to the U.S.
Coast Guard. Additionally, oral complaints shall be
transcribed and forwarded to the U.S. Coast Guard for
confirmation purposes; and
• If the U.S. Coast Guard requests assistance for disposition
of the complaints, OSHA will assist accordingly.
4. Accident investigations on the OCS shall be conducted by the U.S. Coast
Guard in accordance with the regulations issued under its authority.

a. The U.S. Coast Guard has agreed to cooperate with OSHA with
respect to identifying violations of applicable OSHA standards
related to death, injury, or other casualty/accident by:
• Inviting OSHA to formal U.S. Coast Guard hearings;
• Developing lines of inquiry suggested by OSHA; and
• Making investigation information available to OSHA.
b. The U.S. Coast Guard has agreed to notify OSHA where an
investigation identifies an apparent violation of any applicable
OSHA requirement and will cooperate with any subsequent OSHA
enforcement action.
5. When the U.S. Coast Guard requests an OSHA office to assist in complaint
inspections, accident investigations, or routine enforcement activities, or
to conduct an inspection that office shall:
a. Inform the National Office, Directorate of Enforcement Programs,
via the Regional Administrator, and
b. Consult with the pertinent U.S. Coast Guard office regarding the
inspection, and, when required, the availability of transportation.
6. The implementation of Section V of the MOU shall be the responsibility
of the Directorate of Training and Education.
7. The OSHA designated representative for coordinating OCS
implementation provisions, as required by Section VI of the MOU, shall
be the Director, Office of Maritime Enforcement.
C. Retaliation

CSHOS should be familiar with two anti-retaliation (whistleblower) statutes
enforced by OSHA which protect maritime workers. One is the Seaman’s
Protection Act, 46 U.S.C. §2114 (SPA). It prohibits discharging or otherwise
discriminating against a seaman for reporting violations of safety regulations to
the Coast Guard, OSHA, and other federal agencies and to supervisors and for
engaging in other activities related to maritime safety. Any complaint of such
retaliation must be filed with OSHA within 180 days of the discharge or other
investigation. OSHA investigates the case and if merit is found OSHA issues a
preliminary order usually requiring reinstatement with back pay and sometimes
other relief. Objections to the preliminary orders are heard by DOL
administrative law judges, whose decisions may be reviewed by the DOL
Administrative Review Board, the Secretary (in rare cases), and the appropriate
U. S. court of appeals. During the interview of non-managerial seamen, the
CSHO shall inform them that OSHA has the right to interview them in private and
of the protections afforded by SPA. For more information go to

whistleblowers.gov. Under Resources the CSHO can review SPA and its
regulations, desk aid, and fact sheet.
The other whistleblower statute is section 11(c) of the OSH Act. In maritime
employment, section 11(c) can protect longshore and harbor workers and
seamen on uninspected vessels suffering retaliation for complaints and other
activity related to violations of OSHA standards and requirements.

XVI. Summary Matrix Table of Safety and Health Coverage on U.S. Inland Waters, State
Territorial Waters, and the Outer Continental Shelf.
The matrix table on the next page is provided to assist with making determinations of
safety and health coverage on U.S. inland waters, State territorial waters, and the Outer
Continental Shelf. This matrix provides the most important information and does not
detail every aspect of coverage. For more complete information the applicable sections
of this instruction should be consulted.

Summary Table of Safety and Health Coverage for Vessels and Structures on or Adjacent to U.S.
Navigable Waters and on the Outer Continental Shelf (OCS)
Type of
Vessel or
Structure
U.S. Inland Waters State Territorial Waters
Outer Continental
Shelf (OCS)
Inspected
Vessel
U.S. Coast Guard for
Seamen
OSHA for Employees
other than Seamen
U.S. Coast Guard for
Seamen
OSHA for Employees
other than Seamen
U.S. Coast Guard for
Seamen
OSHA (No coverage)
Uninspected
Vessel
U.S. Coast Guard for
certain requirements (See
Appendix C)

OSHA for Employees
including Seamen, except
as noted in Appendix C
U.S. Coast Guard for
certain requirements (See
Appendix C)

OSHA for Employees
including Seamen, except
as noted in Appendix C
U.S. Coast Guard for
certain requirements
(See Appendix C)

OSHA (No coverage)
Commercial
Uninspected
Fishing
Industry
Vessel
U.S. Coast Guard for
Seamen and Other
Employees (See Appendix
B)

OSHA for Employees,
including Seamen (See
Appendix A)
U.S. Coast Guard for
Seamen and Other
Employees (See Appendix
B)

OSHA for Employees,
including Seamen (See
Appendix A)
U.S. Coast Guard for
Seamen and Other
Employees (See
Appendix B)

OSHA (No coverage)
Facility or
Structure
U.S. Coast Guard (No
coverage)
OSHA provides
exclusive coverage
U.S. Coast Guard (No
coverage)
OSHA provides exclusive
coverage up to 3
nautical miles (nm) from
general coastline, except
9 nm for Puerto Rico
and the Gulf Coast of
Florida and Texas.
U.S. Coast Guard and
Bureau of Safety and
Environmental
Enforcement (BSEE)
OSHA for safety and
health hazards not
covered by other
agency regulations for
oil, natural gas, and
sulfur drilling; no OSHA
authority over
renewable energy
facilities, e.g., wind
facilities.

Appendix A – Specific Conditions on Commercial Uninspected Fishing Industry Vessels
Subject to OSHA Enforcement

General Note Regarding this Appendix

This appendix lists several specific conditions on commercial uninspected fishing industry vessels
which are subject to OSHA enforcement and not preempted by U.S. Coast Guard requirements, as
well as the relevant OSHA standards or other regulations which would apply to those conditions.
However, this is not an exhaustive list of conditions that may be subject to OSHA enforcement.
CSHOs must carefully review U.S. Coast Guard regulations (see Appendix B) and consult with the
U.S. Coast Guard inspection staff to establish whether an identified hazard is covered by the U.S.
Coast Guard. Also, as discussed in detail in section IX of this Instruction, the owners and operators
of certain fish processing vessels may not be cited for conditions covered by the survey and
classification requirements prescribed by the organization which classed their vessels. [See U.S.
Coast Guard fish processing vessel survey and classification requirements 46 CFR § 28.720.]

1. Onboard cranes and their maintenance and use [29 CFR Part 1910, Subpart N; 29 CFR Part
1915, Subpart G; 29 CFR Part 1918, Subpart B, F, G, and H].

NOTE: Some cranes used to support ship repair and all cranes used in longshoring
operations (i.e., the transfer of cargo to or from a vessel) require certification by an
agency accredited under 29 CFR Part 1919. (See OSHA Instruction CPL 02-01-055,
Maritime Cargo Gear Standards and 29 CFR 1919 Certification, September 30, 2013)

2. Chains, hooks, and slings [29 CFR Part 1910, Subpart N; 29 CFR Part 1915, Subpart G; 29 CFR
1918, Subparts F, G, and H].

3. Ropes (wire, manila, and synthetic) [29 CFR Part 1910, Subpart N; 29 CFR Part 1918, Subpart
G; 29 CFR 1918, Subpart G].

4. Powered vehicles onboard [29 CFR § 1910.178; 29 CFR § 1918.65].

5. Maintenance and repair (painting, lockout/tagout, deck holes) [29 CFR Part 1915, Subparts B,
C, E, and J; for factory production areas of fish processing vessels, 29 CFR Part 1910, including
1910.147].

6. Open-sided floors and platforms, as a general rule [29 CFR Part 1910, Subpart D; 29 CFR Part
1915, Subpart E; 29 CFR Part 1918, Subpart D].

7. Tools and portable equipment [29 CFR Part 1910, Subpart P; 29 CFR § 1910.215; 29 CFR Part
1915, Subpart H].

8. Warning signs and labeling of control switches [29 CFR § 1910.147; 29 CFR § 1910.335; 29 CFR

Part 1915, Subpart J].

9. Temporary electric cords (use, maintenance, and material construction) [Section 5(a)(1) of the
OSH Act, 29 U.S.C. 654(a)(1); 29 CFR § 1915.82; 29 CFR § 1915.83(c) and (d); 29 CFR §
1910.334(a)].

NOTE: CSHOs shall verify with the U.S. Coast Guard that 46 CFR Part 28 regulations do not
apply (see Appendix B).

10. Electrical circuits and distribution boards, including those related to factory processing
equipment. Section 5(a)(1) of the OSH Act, 29 U.S.C. 654(a)(1), where there are no applicable
standards; 29 CFR § 1915.157(c); 29 CFR § 1915.181; 29 CFR § 1910.331; 29 CFR § 1910.332;
29 CFR § 1910.333; 29 CFR § 1910.334(b), (c), and (d); and 29 CFR § 1910.335].

NOTE 1: CSHOs shall verify with the U.S. Coast Guard that 46 CFR Part 28 regulations do not
apply (see Appendix B).

NOTE 2: 1910.331-.335 apply on shore for both qualified persons (those who have training
in avoiding the electrical hazards of working on or near exposed energized parts) and
unqualified persons (those with little or no such training). On vessels, these provisions
cover all electrical safety-related work practices for unqualified persons, including
temporary electrical systems and the vessels permanently installed electrical systems. On
vessels, these provisions apply to electrical safety-related work practices for qualified
persons when shore-based electrical installations provide power for use onboard vessels;
these provisions do not apply to qualified persons working on the vessel's permanently
installed electrical system. There are additional electrical requirements in 1915.132,
Portable electric tools; 1915.152, (PPE) General requirements; 1915.155(a)(2), Head
protection; 1915.157(c), Hand and body protection; and 1915.181, Electrical circuits and
distribution boards.

11. Steam hose use and fittings [29 CFR § 1915.83].

12. Working around radar and radio emission devices [29 CFR § 1915.85].

13. Illumination of work areas [29 CFR § 1915.82].

14. Washing, bathing, toilet, and clothes drying facilities [29 CFR § 1910.141; 29 CFR § 1915.88].

15. Noise [29 CFR § 1910.95].

16. Elevators and dumbwaiters [29 CFR § 1910.212; Section 5(a)(1) of the OSH Act, 29 U.S.C.

654(a)(1), where there are no applicable standards].

NOTE: For vessels classified by the U.S. Coast Guard as Fish Processing Vessels,
the hazardous conditions of elevators and dumbwaiters, which are identified by
OSHA, are referred to the U.S. Coast Guard for appropriate action.

17. Vessel access (gangways) [29 CFR Part 1915, Subpart E; 29 CFR Part 1918, Subpart C].

18. Gas cylinder storage (use and compatibility) [29 CFR Part 1910, Subpart H; 29 CFR § 1915.55].

19. Sources of ignition (prevention and control), including smoking (e.g., tobacco), except as
covered by 46 CFR § 28.385 [29 CFR Part 1915, Subpart B and P].

20. Testing of oxygen-deficient atmospheres [29 CFR Part 1915, Subpart B].

21. Cutting and welding permits, testing prior to work, and competent persons in these areas [29
CFR Part 1915, Subpart B].

22. Confined spaces [29 CFR Part 1915, Subpart B].

23. Personal protective equipment (including PFDs), except as noted in Appendix C, paragraph I;
and in 46 CFR Part 28, Subparts C and D, vessels equipment dealing with refrigerant ammonia
and the protection of certain firefighters [29 CFR Part 1910, Subpart I; 29 CFR Part 1915,
Subpart I; 29 CFR Part 1918, Subpart J].

24. Gas masks and canisters, except for owners and operators of 46 CFR Part 28, Subparts C and D
vessels equipment dealing with ammonia used as a refrigerant and equipment for certain
firefighters [29 CFR § 1910.134; 29 CFR § 1915.152].

25. Respiratory protective programs and respirator checks, except for owners and operators of 46
CFR Part 28, Subparts C and D vessels equipment dealing with ammonia used as a refrigerant
and equipment for certain firefighters [29 CFR § 1910.134; 29 CFR § 1915.152].

26. Asbestos and other chemical exposures, except with respect to owners and operators of
commercial uninspected fishing industry vessels ammonia refrigerant and chemicals to which
certain firefighters are exposed on 46 CFR Part 28, Subparts C and D vessels [29 CFR Part
1910, Subpart Z; 29 CFR Part 1915, Subpart Z].

27. Materials handling and storage [29 CFR Part 1910, Subpart N; 29 CFR Part 1915, Subpart G; 29
CFR Part 1918, Subpart H].

28. Hazard communication [29 CFR § 1910.1200; 29 CFR § 1915.1200].

29. Process safety management if the vessel is carrying more than the threshold quantity of any
of the toxic hazardous chemicals including [29 CFR § 1910.119]:

a. More than 10,000 pounds of ammonia; or
b. More than 1,500 pounds of chlorine.

30. Lockout/tagout [29 CFR § 1910.147 for factory “fish processing” operations (See NOTE in
Section XIII.B.1. of this instruction); 29 CFR Part 1915, Subpart J and L for ship repair and
shipbuilding].

31. Bloodborne pathogens [29 CFR § 1910.1030; 29 CFR § 1915.1030].

32. Emergency response, including spill cleanup [29 CFR § 1910.120].

33. Reporting fatalities and multiple hospitalization incidents to OSHA [29 CFR § 1904.39].

NOTE: Section 4(b)(1) of the OSH Act does not apply to reporting; therefore, OSHA
and the U.S. Coast Guard may enforce their own rules. Reportable incidents, which
occur within OSHA's geographical authority, are required to be reported to OSHA.
(See section X of this Instruction, Geographical Considerations, for further
information.).

34. Recording of illnesses and injuries [29 CFR Part 1904].
NOTE: As noted above, section 4(b)(1) of the OSH Act does not apply to recordkeeping;
therefore, OSHA and the U.S. Coast Guard may enforce their own rules and OSHA
recording requirements will apply wherever OSHA has geographic coverage. (See section X
of this Instruction, Geographical Considerations, for further information.)

Appendix B – Applicable U.S. Coast Guard Regulations for Commercial Uninspected Fishing
Industry Vessels
General Note Regarding this Appendix
The regulations below are not exhaustive. In addition to these regulations, all commercial
uninspected fishing industry vessels must meet the requirements of Parts 24, 25, and 26 of
Chapter I of Title 46 of the CFR.

I. U.S. Coast Guard requirements that apply to all commercial uninspected fishing industry
vessels [46 CFR Part 28].

A. General lifesaving equipment.

1. Personal flotation devices (PFDs) and immersion suits [46 CFR § 28.110].

2. Ring life buoys [46 CFR § 28.115].

3. Survival craft [46 CFR § 28.120].

4. Stowage of survival craft [46 CFR § 28.125].

5. Lifesaving equipment markings [46 CFR § 28.135].

6. Readiness, maintenance, and inspection of lifesaving equipment [46 CFR § 28.140].

B. Distress signals [46 CFR § 28.145].

C. Emergency Position Indicating Radio Beacons (EPIRBs) [46 CFR § 28.150; 46 CFR § 25.26].

D. Excess fire detection and protection equipment [46 CFR § 28.155].

E. Portable fire extinguishers [46 CFR § 28.160].

F. Injury placard [46 CFR § 28.165].

G. Casualty reporting [46 CFR § 4.05].

H. Injury reporting [46 CFR § 4.05].

II. Additional U.S. Coast Guard requirements that apply to documented commercial fishing
industry vessels that operate beyond the boundary lines or with 16 or more individuals
aboard [46 CFR Part 28].

A. Fireman's outfit and self-contained breathing apparatus (SCBA). Each vessel with 49 or
more individuals aboard must have two such outfits. Each vessel that uses ammonia as a
refrigerant must have two approved SCBAs, each with a spare bottle [46 CFR § 28.205].

B. First aid equipment and training [46 CFR § 28.210].

C. Guards for exposed hazards (including machine guarding). This includes, but is not limited
to, factory processing equipment on fish processing vessels [46 CFR § 28.215].

1. Each space onboard a vessel must meet the requirements of this section.

2. Suitable hand covers, guards, or railings must be installed in way of machinery which
can cause injury to personnel, such as gearing, chain or belt drives, and rotating
shafting. This is not meant to restrict necessary access to fishing equipment such as
winches, drums, or gurdies.

3. Each exhaust pipe from an internal combustion engine, which is within reach of
personnel, must be insulated or otherwise guarded to prevent burns.

D. Navigational information [46 CFR § 28.225].

E. Compass with deviation table [46 CFR § 28.230].

F. Anchors and radar reflectors [46 CFR § 28.235].

G. General alarm system [46 CFR § 28.240].

H. Communication equipment [46 CFR § 28.245].

I. High water alarms [46 CFR § 28.250].

J. Bilge pumps, bilge piping, and dewatering systems [46 CFR § 28.255].

K. Electronic position fixing devices [46 CFR § 28.260].

L. Emergency instructions, training, drills, and safety orientation [46 CFR § 28.265; 46 CFR §
28.270].

1. Abandoning the vessel, fighting fires, recovering an individual from the water,
minimizing the effects of unintentional flooding, launching survival craft, recovering
lifeboats and rescue boats.

2. Donning a fireman's outfit and a self-contained breathing apparatus (SCBA), making a
voice radio distress call and using visual distress signals, activating the general alarm
and reporting inoperative alarm system(s) and fire detection system(s).

3. Drills and vessel safety orientation.

III. In addition to the aforementioned regulations, commercial fishing industry vessels that have
had their keel laid or are at a similar stage of construction, or which undergo a major
conversion completed on or after September 15, 1991, and that operate with more than 16
individuals aboard must comply with the following U.S. Coast Guard requirements [46 CFR
Part 28]:

A. Lifesaving/Deck Equipment.

1. Lifesaving and signaling equipment [46 CFR § 28.305].

2. Launching survival craft [46 CFR § 28.310].

3. Means of escape [46 CFR § 28.390].

4. Embarkation stations [46 CFR § 28.395].

5. Radar and depth sounding devices [46 CFR § 28.400].

6. Deck rails, lifelines, storm rails, and hand grabs [46 CFR § 28.410].

B. Fire Protection, Electrical, and Engineering Equipment.

1. Fire pumps, mains, hydrants, and hoses [46 CFR § 28.315].

2. Fixed gas fire extinguishing systems [46 CFR § 28.320].

3. Fire detection systems [46 CFR § 28.325].

4. Galley hood and other fire protection equipment [46 CFR § 28.330].

5. Fuel systems [46 CFR § 28.335].

6. Ventilation of enclosed engine and fuel tank spaces [46 CFR § 28.340].

7. Electrical standards for vessels less than 79 feet in length [46 CFR § 28.345].

8. General requirements for electrical systems [46 CFR § 28.350].

9. Main source of electrical power [46 CFR § 28.355].

10. Electrical distribution systems [46 CFR § 28.360].

11. Overcurrent protection and switched circuits [46 CFR § 28.365].

12. Wiring methods and materials [46 CFR § 28.370].

13. Emergency source of electrical power [46 CFR § 28.375].

14. General structural fire protection [46 CFR § 28.380].

15. Structural fire protection for vessels with more than 49 individuals aboard [46 CFR §
28.385].

16. Hydraulic equipment [46 CFR § 28.405].

IV. Stability requirements that apply to certain documented commercial fishing industry vessels
79 feet or more in length [46 CFR Part 28, Subpart E].

V. Requirements that apply to fish processing vessels [46 CFR Part 28, Subpart F].

VI. Requirements that apply to certain fish tender vessels engaged in the Aleutian trade [46 CFR
Part 28, Subpart G].

Appendix C – Applicable U.S. Coast Guard Regulations for Uninspected Vessels
General Note Regarding this Appendix
The U.S. Coast Guard has regulations (46 CFR Parts 24, 25, and 26) for uninspected vessels that
deal with and provide for limited equipment safety checks of the following: personal flotation
devices; lifesaving equipment; fire protection and fire extinguishing equipment; firefighting
equipment; ventilation of engine bilges and fuel tank compartments; back-fire traps/flame
arresters on inboard engine carburetors using gasoline as a fuel; emergency position-indicating
radio beacons; and cooking, heating, and lighting systems, as detailed below. The Coast Guard
also has regulations on operations.
NOTE: 46 CFR Chapter I, Subchapters E (Load Lines), F (Marine Engineering), J (Electrical
Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving
Appliances and Arrangements) may also by applicable under certain conditions. All other
working conditions aboard an uninspected vessel are subject to OSHA authority.

I. Personal Flotation Devices (PFDs) and Other Lifesaving Equipment [46 CFR § 25.25].

A. An approved and readily available PFD is required to be onboard the vessel for each
individual aboard. An immersion suit is considered to be an acceptable substitute for a
PFD only for vessels not carrying passengers for hire. All lifesaving equipment designed to
be worn is required to be readily available and in serviceable condition.

B. Each vessel 26 feet or longer must have at least one approved ring life buoy that is
immediately available. All lifesaving equipment designed to be thrown into the water is
required to be immediately available and in serviceable condition.

C. An approved commercial hybrid PFD is acceptable if: labeled for use on commercial
vessels and used in accordance with the owner's manual.

D. An approved light is required for PFDs and immersion suits. Also, PFDs must have
approved retroreflective material installed.

NOTE: The U.S. Coast Guard modified the 46 CFR Part 160 PFD requirements to
remove references to Type codes for describing PFDs. Instead, PFDs will be
described as either “throwable” or “wearable” and referenced by specific
approval categories (e.g., Model 3, 52, etc.) that correlate with the section
number from 46 CFR Part 160. The new labeling requirements will not affect
existing PFDs, and PFDs so marked by Type are acceptable and will continue to
meet the requirements of 29 CFR § 1915.158, 1917.26(f), 1918.97(e), and
1926.605(d)(2) and (3). Conversely, PFDs manufactured according to the new
Coast Guard specifications are acceptable for compliance with OSHA standards.

II. Fire Extinguishing Equipment and Fire Protection [46 CFR § 25.30 and 46 CFR Part 27].

A. Portable fire extinguishers and semi-portable fire extinguishing systems must be of the “B”
type as referenced by Underwriters Laboratory (UL) rating (i.e., suitable for extinguishing
fires involving flammable liquids, greases, etc.).

B. Portable fire extinguishers and semi-portable fire extinguishing systems must have a plate
listing the name of the item, rated capacity (gallons, quarts, or pounds), name and address
of person/firm for whom approved, and manufacturer's identifying mark.

C. Portable fire extinguishers must be inspected and weighed every 6 months if they were
manufactured prior to 01/01/1965.

D. The minimum number of “5-B” hand-portable fire extinguishers, as referenced by
Underwriters Laboratory (UL) ratings, required to be onboard motor vessels is in the
following table (46 CFR § 25.30):

Table 25.30-20(a)(1)
Minimum number of 5-B portable fire extinguishers required
Length, feet No fixed fire extinguishing
system in machinery space
Fixed fire extinguishing
system in machinery space
Under 16 1 0
16 and over, but under 26 1 0
26 and over, but under 40 2 1
40 and over, but not over
65
3 2

E. The minimum number of “20-B” portable fire extinguishers, as referenced by
Underwriters Laboratory (UL) ratings, required to be onboard motor vessels is: one if 50
tons or less, two if over 50 and not over 100 tons, three if over 100 and not over 500 tons,
six if over 500 and not over 1,000 tons, and eight if over 1,000 tons.

F. Fixed fire extinguishing systems must be approved or accepted by the Commandant (CG-
ENG-4) or Commanding Officer. U.S. Coast Guard Marine Safety Center (G-MSC) [46 CFR §
25.30-15]. Carbon-dioxide systems must follow 46 CFR § 76.15-20 (Passenger Vessels).

G. There are regulations for fire protection and fire suppression equipment for the limited
types of towing vessels which remain uninspected vessels in, 46 CFR Part 27.

III. Backfire Flame Control [46 CFR § 25.35].

Every gasoline engine installed after April 25, 1940, except outboard motors, shall
be equipped with an acceptable means of backfire flame control.

IV. Ventilation of Tanks and Engine Spaces [46 CFR § 25.40].
Fuel tanks and engine spaces, using fuel with a flashpoint of 110 degrees Fahrenheit or
less, shall be provided with adequate ventilation to remove explosive or flammable gases
from the fuel tank compartments and bilges.

V. Emergency Position Indicating Radio Beacons [46 CFR § 25.26]
Uninspected vessels more than three miles from the shore must have EPRBs.

VI. Cooking, Heating, and Lighting Systems [46 CFR § 25.45]
Only prescribed fuels may be used for cooking, heating, and lighting. They must be used
only under the conditions set forth in the regulations.

VII. Operations [46 CFR § 26]
There are a number of requirements for operations. For example, 46 CFR § 26.03-2
requires the posting of an emergency checklist.

Appendix D – Memorandum of Understanding (MOU) Between the U.S. Coast Guard
and OSHA Concerning the Health and Safety of Seamen on Inspected Vessels

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES COAST GUARD
U.S. DEPARTMENT OF TRANSPORTATION [NOTE: THE U.S. COAST GUARD IS NOW UNDER THE
DEPARTMENT OF HOMELAND SECURITY] AND THE OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION U.S. DEPARTMENT OF LABOR CONCERNING THEIR AUTHORITY TO
PRESCRIBE AND ENFORCE STANDARDS OR REGULATIONS AFFECTING THE OCCUPATIONAL SAFETY
AND HEALTH OF SEAMEN ABOARD VESSELS INSPECTED AND CERTIFICATED BY THE UNITED
STATES COAST GUARD.

PURPOSE.

It is the purpose of this memorandum of understanding (MOU) to set forth clearly the boundaries
of the authority of the United States Coast Guard (Coast Guard) of the U.S. Department of
Transportation [NOTE: U.S. Coast Guard is currently under the Department of Homeland
Security] and the Occupational Safety and Health Administration (OSHA) of the U.S. Department
of Labor in prescribing and enforcing standards or regulations affecting the occupational safety
and health of seamen aboard vessels inspected and certificated by the Coast Guard (hereinafter
“inspected vessels”). This MOU is intended to eliminate confusion among members of the public
with regard to the relative authorities of the two agencies. Nothing in this MOU pertains to
uninspected vessels. The Coast Guard and OSHA agree to work together to fulfill their respective
authorities.
AUTHORITY OF THE COAST GUARD.
The Coast Guard is the dominant federal agency with the statutory authority to prescribe and
enforce standards or regulations affecting the occupational safety and health of seamen aboard
inspected vessels. Under the Vessel Inspection Laws of the United States, the Coast Guard has
issued comprehensive standards and regulations concerning the working conditions of seamen
aboard inspected vessels.
These comprehensive standards and regulations include extensive specific regulations governing
the working conditions of seamen aboard inspected vessels as well as ample general authority
regulations to cover these seamen with respect to all other working conditions that are not
addressed by the specific regulations. These standards and regulations are generally set forth at
46 C.F.R. Chapter 1, and in the Coast Guard's Marine Safety Manual and its Navigation and Vessel
Inspection Circulars.
AUTHORITY OF OSHA.
OSHA has a general statutory authority to assure safe and healthful working conditions for
working men and women under the Occupational Safety and Health (OSH) Act of 1970.
Section 4(b)(1) of the OSH Act defines the relationship between OSHA and the other
federal agencies whose exercise of statutory responsibilities may affect occupational

safety and health. Based on OSHA's interpretation of section 4(b)(1), and as a result of
the Coast Guard's exercise of its authority, described above, OSHA has concluded that it
may not enforce the OSH Act with respect to the working conditions of seamen aboard
inspected vessels. Nonetheless, OSHA retains the following responsibilities.
OSHA retains its authority under section 11(c) of the OSH Act, which forbids
discrimination in any manner against employees who have exercised any right afforded
them under the OSH Act. Pursuant to this provision, OSHA has the authority to require
vessel owners to post a notice that informs employees of their right to complain about
working conditions to the Coast Guard, OSHA, or the employer and to be free from
retaliatory discrimination. OSHA has concluded that its exercise of authority under
section 11(c) is not precluded by the scope of section 4(b)(1) of the OSH Act.
OSHA agrees to refer to the Coast Guard, for its consideration, any complaints, other
than section 11(c) discrimination complaints, OSHA receives from seamen working
aboard inspected vessels. However, the Coast Guard, consistent with the statement of
its authority above, has the sole discretion to determine, under its applicable standards
and regulations, whether the events complained of constitute hazardous conditions
and the extent of any remedy that may be required.
RECORDKEEPING.
OSHA and the Coast Guard will continue to discuss the extent of their respective
jurisdictions to require owners of inspected vessels to keep records concerning
occupational injuries and illnesses. This MOU does not resolve any issues concerning
recordkeeping obligations.
EFFECTIVE DATE AND PUBLICATION.
This MOU shall take effect upon signature by the parties. It shall be promptly published
in the Federal Register.
Commandant
United States Coast Guard
U.S. Department of
Transportation Date: March 8,
1983
[Note: U.S. Coast Guard is currently under the Department of Homeland Security]

Assistant Secretary for
Occupational Safety and Health
U.S. Department of Labor Date:
March 4, 1983

Appendix E – Memorandum of Understanding Between the U.S. Coast Guard and OSHA
Concerning Occupational Safety and Health on the Outer Continental Shelf (OCS)

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES COAST GUARD,
THE DEPARTMENT OF TRANSPORTATION [NOTE: THE U.S. COAST GUARD IS NOW UNDER THE
DEPARTMENT OF HOMELAND SECURITY] AND THE OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION, THE DEPARTMENT OF LABOR CONCERNING OCCUPATIONAL SAFETY AND
HEALTH ON ARTIFICIAL ISLANDS, INSTALLATIONS AND OTHER DEVICES ON THE OUTER
CONTINENTAL SHELF OF THE UNITED STATES.

PURPOSE - The purpose of this Memorandum of Understanding is to establish procedures to
increase consultation and coordination between the United States Coast Guard (USCG) and
Occupational Safety and Health Administration (OSHA) with respect to matters affecting the
occupational safety and health of personnel working on the Outer Continental Shelf of the United
States.

DEFINITION - For purposes of the Memorandum, the following definition applies:

Working Conditions on the Outer Continental Shelf of the United States.

Working Conditions related to activities, including diving, taking place on or from, on the
waters adjacent to, or otherwise associated with artificial islands, installations, or other
devices permanently or temporarily attached to the seabed and exploring for, developing or
producing resources from the Outer Continental Shelf of the United States, or any device
(other than a ship or vessel) used for the purpose of transporting such resources (43 U.S.C.
1333(a)(1)).

AGENCY RESPONSIBILITIES

A. United States Coast Guard.

The USCG has authority to promulgate and enforce Safety and Health Regulations for working
conditions on the OCS of the United States. In carrying out this responsibility on the OCS the
Coast Guard will cooperate with the Occupational Safety and Health Administration to
maximize the safety and health protection of employees, avoid duplication of effort, and
avoid undue burdens on the maritime industry. The USCG, consistent with its statutory
authority:

1. Promulgates regulations and may modify any regulation, interim or final, applying to
hazardous working conditions related to activities on the Outer Continental Shelf, and
promulgates such other regulations as may be necessary to promote the safety of life and
property on the OCS;

2. Promulgates regulations to provide for scheduled onsite inspection, at least once a year,

of each facility on the Outer Continental Shelf which is subject to any environmental,
safety or health regulation promulgated by the Coast Guard pursuant to the OCS Act
1
, and
also provides for periodic onsite inspection without advance notice to the operator of
such facility to assure compliance with such environmental, health or safety regulations;

3. Reviews any allegation from any person of the existence of a violation of a safety or health
regulation or other unsafe working conditions;

4. Investigates and makes a public report on any death or serious injury occurring as a result
of operations conducted pursuant to the OCS Act, and may investigate and report on
other injuries, casualties or accidents; and

5. Initiates appropriate civil and criminal procedures and other action to enforce any
provision of the OCS Act or any regulation issued under the Act.

B. Occupational Safety and Health Administration.

The Occupational Safety and Health Act (OSH Act) applies with respect to working conditions
on Outer Continental Shelf Lands (29 U.S.C. 653(a)), but does not apply to working conditions
with respect to which the Coast Guard or other Federal agencies exercise statutory authority
to prescribe or enforce standards affecting occupational safety and health (29 U.S.C.
653(b)(1), Sec. 21(d) of the OCS Act). The Occupational Safety and Health Administration will
cooperate with the Coast Guard to maximize the safety and health protection of employees,
avoid duplication of effort, and avoid undue burdens on the maritime industry.

Consistent with its statutory authority under the Occupational Safety and Health Act, OSHA:

1. Prescribes occupational safety and health rules and regulations as necessary to carry out
its responsibility under the OSH Act;

2. Inspects and investigates places of employment to insure compliance with any applicable
OSHA requirements;

3. Responds to allegations of violations of applicable OSHA requirements and makes
investigations where there are reasonable grounds to believe that a violation exists; and

4. Issues citations and initiates appropriate civil and criminal procedures against employers
for violations of applicable OSHA requirements.

PROCEDURES

The two agencies agree, consistent with their statutory obligations, to observe the following
procedures in carrying out their responsibilities to promote safe working conditions on the OCS:

A. Development and promulgation of standards.

The Coast Guard will develop and promulgate necessary regulations to assure safe and
healthful working conditions on the OCS. OSHA will continue to promulgate general
standards, which may apply to working conditions on the OCS not being regulated by the
Coast Guard. In developing regulations and standards, the two agencies will cooperate to the
maximum extent possible. Such cooperation will include, but will not be limited to the
following:

1. Information and data availability. For the purposes of identifying work hazards,
determining accident or illness cause, developing corrective measures, and
assessing the impacts of new or revised regulations or standards, the two agencies
will exchange data and study results to the extent permitted by law;

2. Standards research and development projects. The two agencies will jointly
participate in standards research and development projects of mutual interest and
benefit;

3. Review of existing regulations and standards. The two agencies will jointly review
existing USCG and OSHA regulations and standards to help identify hazards that
require priority attention in Coast Guard regulations development projects;

4. Exchange of technical expertise. Each agency will provide the other with technical
support, where feasible, to assist in the review of particular hazards or the
development of regulations; and

5. Early notice of rulemaking activities. The Coast Guard will provide for OSHA's review
and consultation copies of drafts of advance notices of proposed rulemaking,
notices of proposed rulemaking, and final rules, which relate to working conditions
on the OCS. Likewise, OSHA will provide for the Coast Guard's review and
consultation copies of drafts of advance notices of proposed rulemaking, notices of
proposed rulemaking, and final rules, which have application to any working
condition on the OCS. Publication of any rule, however, is not contingent upon
receipt of comments.

B. Enforcement of regulations and standards.

While OSHA has statutory responsibilities with respect to workplaces on the OCS, the
following provisions have been drafted to emphasize the Coast Guard's increasing role for
safety and health on the OCS, as provided under the OCS Lands Act Amendments of 1978
(Pub. L 95-372). Through this Act, Congress expressed the expectation that the Coast Guard
would be the principal Federal agency in matters of occupational safety and health on the
OCS.

1. Routine enforcement activities:

a. The Coast Guard will continue to enforce existing regulations issued under its authority
which affect working conditions on the OCS;

b. The Coast Guard will also enforce any new occupational safety and health regulations
promulgated under its authority affecting working conditions on the OCS; and

c. OSHA remains responsible for enforcing requirements adopted under the OSH Act
which apply to working conditions on the OCS for which the Coast Guard or other
Federal agencies have not exercised their statutory authority to prescribe or enforce
standards affecting occupational safety and health. To minimize any duplication which
may result from exercising this responsibility, OSHA will consult with the Coast Guard
and seek to minimize the need for OSHA's routine inspection activity.

2. Investigation of accidents:

In accordance with regulations issued under its authority, the Coast Guard will investigate
deaths, injuries and other casualties or accidents occurring as a result of operations
conducted pursuant to the OCS Act. In the course of all such investigations, formal and
informal, the Coast Guard will cooperate with OSHA with respect to identifying violations
of applicable OSHA regulations related to the casualty or accident. Such cooperation will
include: promptly making investigation information available to OSHA; inviting OSHA
attendance at Coast Guard formal hearings; and developing lines of inquiry suggested by
OSHA. Where a Coast Guard investigation identifies an apparent violation of an applicable
OSHA regulation the Coast Guard will promptly notify OSHA and subsequently will
cooperate with OSHA with respect to any enforcement action OSHA may undertake. This
cooperation may include, but is not limited to, providing transportation, as available;
provided, however, OSHA remains responsible for obtaining its own legal right of access
to any facility.

3. Investigation of allegations:

The Coast Guard will review any allegation from any person of the existence of a violation
of an occupational safety or health regulation or other unsafe working condition on the
OCS and take appropriate action under the circumstances. Copies of complaints of
occupational safety or health violations on the OCS received by OSHA will be referred to
the appropriate Coast Guard district commander for action. The Coast Guard will notify
OSHA as promptly as possible of the disposition of allegations forwarded by OSHA.

JOINT TRAINING PROGRAM

The two agencies will review the training needs of agency personnel with responsibilities for
matters pertaining to safety and health on the OCS and will develop programs responsive to

these needs.

IMPLEMENTATION.

The Coast Guard and OSHA shall each designate a representative who shall be responsible for
coordinating implementation of the provisions of this Memorandum.

EFFECTIVE DATE.

This Memorandum is effective upon signature by the parties. It may be amended at any time by
mutual written agreement of the agencies and may be terminated by either agency upon thirty
days written notice.

SAVINGS PROVISION.

Nothing in this Memorandum shall be deemed to alter, amend, or affect in any way the statutory
authority of the Coast Guard or OSHA.

Signed at Washington, DC this 19th day of December, 1979.
Commandant
United States Coast Guard
Department of Transportation

[Note: U.S. Coast Guard is currently under the Department of Homeland Security]

Assistant Secretary
Occupational Safety and Health
Department of Labor

NOTE: The original MOU had an Appendix B which listed all the OSHA and U.S. Coast Guard
offices throughout the country with addresses and phone numbers. The list is outdated;
therefore, OSHA and U.S. Coast Guard website links are provided for finding the current
contact information for the appropriate OSHA office and U.S. Coast Guard Sector or Port.
Those links are: OSHA and https://homeport.uscg.mil/.

Appendix F – Marine Operations in the Construction Industry
Construction activities, including marine construction activities, are covered by 29 CFR Part 1926,
which includes general industry standards incorporated for construction activities, and section
5(a)(1) of the OSH Act, where there are no applicable standards. The following standards
specifically refer to marine operations and equipment and are current as of the date of this
instruction.

I. 1926.605(a) - Material handling operations.

1926.605(a)(1)
Operations fitting the definition of “material handling” shall be performed in
conformance with applicable requirements of Part 1918, “Safety and Health
Regulations for Longshoring” of this chapter. The term “longshoring operations”
means the loading, unloading, moving, or handling of construction materials,
equipment, and supplies, etc. into, in, on, or out of any vessel from a fixed structure,
or shore-to-vessel, vessel-to-shore or fixed structure, or vessel-to-vessel.

NOTE: As originally explained in OSHA Instruction STD 3-13.2 July 15, 1982, it was
never intended that construction cranes or other construction lifting devices engaged
in construction operations would be required to be tested and certificated in
accordance with 29 CFR § 1915.115(a) or 1918.13(a). However, when the
construction employer is using this equipment in a longshoring or shipyard operation
as defined below, and the material being loaded or discharged is handled as "cargo",
or "shipyard repair material"; then these cranes or lifting devices shall be certified as
required by 29 CFR § 1915.115(a) and 1918.13(a).

Commission and administrative Law Judge cases have held that when material is loaded
or discharged from vessels as "cargo" it becomes a longshoring operation and the
longshore safety and health regulations apply. 29 CFR § 1926.605 applies to
construction operations only. The definition of longshoring contained in 1926.605(a)(1)
applies to construction operations carried out over the water. This has been confused
with the original definition of longshoring contained in 29 CFR § 1918.3 and has resulted
in attempts to apply 1918 standards to construction operations, especially 1918.13 -
"Certification of Shore-Based Material Handling Devices," which does not cover
construction operations.

II. 1926.605(b) - Access to barges.

A. 1926.605(b)(1)
Ramps for access of vehicles to or between barges shall be of adequate
strength, provided with side boards, well maintained, and properly
secured.

B. 1926.605(b)(2)
Unless employees can step safely to or from the wharf, float, barge, or river
towboat, either a ramp, meeting the requirements of paragraph (b)(1) of this
section, or a safe walkway, shall be provided.

C. 1926.605(b)(3)
Jacob's ladders shall be of the double rung or flat tread type. They shall be
well maintained and properly secured.

D. 1926.605(b)(4)
A Jacob's ladder shall either hang without slack from its lashings or be pulled up
entirely.

E. 1926.605(b)(5)
When the upper end of the means of access rests on or is flush with the top of
the bulwark, substantial steps properly secured and equipped with at least one
substantial hand rail approximately 33 inches in height shall be provided
between the top of the bulwark and the deck.

F. 1926.605(b)(6)
Obstructions shall not be laid on or across the gangway.

G. 1926.605(b)(7)
The means of access shall be adequately illuminated for its full length.

H. 1926.605(b)(8)
Unless the structure makes it impossible, the means of access shall be so located
that the load will not pass over employees.

III. 1926.605(c) - Working surfaces of barges.

A. 1926.605(c)(1)
Employees shall not be permitted to walk along the sides of covered lighters or
barges with coamings more than 5 feet high, unless there is a 3-foot clear
walkway, a grab rail, or a taut handline is provided.

B. 1926.605(c)(2)
Decks and other working surfaces shall be maintained in a safe condition.

C. 1926.605(c)(3)
Employees shall not be permitted to pass fore and aft, over, or around
deckloads, unless there is a safe passage.
D. 1926.605(c)(4)
Employees shall not be permitted to walk over deckloads from rail to coaming

unless there is a safe passage. If it is necessary to stand at the outboard or
inboard edge of the deckload where less than 24 inches of bulwark, rail,
coaming, or other protection exists, all employees shall be provided with a
suitable means of protection against falling from the deckload.

IV. 1926.605(d) - First-aid and lifesaving equipment.

A. 1926.605(d)(1)
Provisions for rendering first aid and medical assistance shall be in accordance with
Subpart D of this part.

B. 1926.605(d)(2)
The employer shall ensure that there is in the vicinity of each barge in use at least one
U.S. Coast Guard-approved 30-inch life ring with not less than 90 feet of line
attached, and at least one portable or permanent ladder that will reach the top
of the apron to the surface of the water. If the above equipment is not available
at the pier, the employer shall furnish it during the time that he is working the
barge.
C. 1926.605(d)(3)
Employees walking or working on the unguarded decks of barges shall be
protected with U.S. Coast Guard-approved work vests or buoyant vests.

V. 1926.605(e) - Commercial diving operations.

Commercial diving operations shall be subject to Subpart T of Part 1910, 1910.401
through 1910.441, of this chapter. (29 CFR Part 1926, Subpart Y provisions reference the
use of 29 CFR Part 1910, Subpart T).

Appendix G – Questions and Answers Regarding OSHA Authority on or Adjacent to U.S.
Navigable Waters and on the Outer Continental Shelf (OCS)

This appendix consolidates OSHA interpretations related to OSHA authority over vessels,
facilities, and structures on or adjacent to U.S. navigable waters) and on the Outer Continental
Shelf (OCS) that have been issued and remain valid as of the date of this instruction.
Interpretations previously issued by OSHA were reviewed to determine their current validity and
accuracy. Interpretations for which standard references have changed were updated to reflect
the current standard reference.

OSHA requirements are set by statute, standards, and regulations. Our interpretations explain
these requirements and how they apply to particular circumstances, but they cannot create
additional employer obligations. These responses constitute OSHA's interpretations of the
requirements discussed. Note that our enforcement guidance may be affected by changes to
OSHA rules. Also, from time to time we update our guidance in response to new information. To
keep apprised of such developments, you can consult OSHA's website at www.osha.gov.

A. 29 CFR PART 1904 – RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS

The Directorate of Technical Support and Emergency Management (DTSEM), Office of Statistical
Analysis, is responsible for the administration of the OSHA occupational injury and illness
recordkeeping system nationwide. The office develops regulatory requirements defining what
cases must be recorded and these records are the source documents used in the national Bureau
of Labor Statistics (BLS) Annual Survey and the site-specific OSHA Data Initiative (ODI) Survey.
OSHA's Recordkeeping web page provides a variety of valuable resources and links.

There are many maritime and marine scenarios in which employee injuries or illness may occur.
Some are recordable and reportable. Although the following is not all inclusive, some scenarios
where injuries or illness might occur are when there are:

• Employees who work on an offshore platform, live on a different platform, and travel
back and forth by a vessel;

• Employees who are transferred to and from an offshore platform by means of a
personnel basket. The transfer could be to and from a workboat or a vessel used for
berthing workers;

• Employees who are engaged in traveling to a worksite that might include driving to a
dock and then riding aboard a vessel; and

• Employees who are traveling by any means, including by vessel, to multiple worksites,
including offshore worksites, from a permanent residence (e.g., a home onshore) or
from a temporary residence (e.g., offshore platform, vessel, or onshore
temporary residence).

The Standard Interpretations below answer questions about many of the scenarios listed above
regarding reporting and recordkeeping requirements:

• 2007 - 02/06/2007 - Whether to record injuries that occur to employees who travel
from an offshore manned platform complex or dock to other offshore platforms; and

• 2007 - 02/06/2007 - Whether to record injuries that occur to a contract employee
when traveling from an offshore manned platform complex to other downfield fixed
platforms.

For information concerning these two interpretation letters or any other recordkeeping issues
not covered by these letters, please contact the Office of Statistical Analysis at 202-693-2300.

NOTE: OSHA recordkeeping regulations do not apply to renewable energy facilities (e.g., wind
facilities) on the OCS.

B. 29 CFR PART 1910 – GENERAL INDUSTRY

Question 1: An uninspected vessel engaged in assistance towing is in the process of pushing an
uninspected barge. Four crew members of the workboat are assisting with the pushing
operations and two crewmembers are making repairs to some damaged vessel stairs. What
standards are applicable to these six crew members?

Answer: The four crew members that are assisting with the pushing operations are covered by
OSHA’s General Industry Standards (29 CFR Part 1910). The two crewmembers making repairs are
covered by OSHA’s Shipyard Employment Standards (29 CFR Part 1915). (See OSHA’s Shipyard
Employment “Tool Bag” Directive, Appendix A, for specific standards’ applicability since many 29
CFR Part 1910 standard provisions apply to ship repair work.)

Question 2: Does the Process Safety Management (PSM) Standard at 29 CFR § 1910.119 apply
to oil or gas well drilling or servicing operations on U.S. navigable waters or Outer Continental
Shelf production facilities?

Answer: The Process Safety Management (PSM) standard does not apply to oil or gas well drilling
or servicing operations (29 CFR § 1910.119(a)(2)(ii)). This exclusion extends to those operations
even if performed on an offshore platform located on U.S. navigable waters or the Outer
Continental Shelf.

Question 3: In the fishing and fish processing industries, are Billy Pugh baskets an acceptable
method for transferring personnel from one vessel to another vessel at sea when used
properly?

Answer: Baskets such as the “Billy Pugh” used in the fishing and fish processing industries to

transport personnel from one vessel to another at sea are acceptable when each of the
conditions detailed below exist. Baskets manufactured by entities other than the Billy Pugh
Company, Inc., similarly may be used to transport personnel from one vessel to another vessel at
sea, provided that such baskets have safety features equivalent to those on the Billy Pugh basket
and are used in a manner consistent with each of the conditions detailed below. OSHA does not
endorse individual products or manufacturers, and this response should not be construed as a
recommendation for Billy Pugh Company, Inc. baskets over baskets manufactured by other
entities.

Limiting the use of Billy Pugh baskets to situations in which each of the following conditions exist
is consistent with OSHA standards, as well as established industry practice with respect to the use
of personnel transfer devices.

1. The crane must have a positive acting device that prevents contact between the load
block or overhead ball and the boom tip (anti-two blocking device), or a system that
deactivates the hoisting action before damage occurs (two-block damage prevention
feature). Hoisting actions include winching up, telescoping out, and booming down.

2. Employees must wear a U.S. Coast Guard-approved personal flotation device (PFD)
during transfers.

3. Fall protection, such as a suitable positioning device system, must be installed and used
by employees whenever employees are riding on the outside of the personnel lifting
device and lifted higher than 10 feet above any surface, including water.
NOTE: The positioning device developed by the Billy Pugh Company, Inc.
incorporates a quick release lanyard and is deemed to be suitable fall protection
for use in conjunction with these personnel transfer devices. However, any
positioning device system that meets the requirements of an existing OSHA
standard (e.g., 29 CFR § 1926.502(e)) would be acceptable.

4. To ensure that the personnel transfer system is rigged properly and fully functional, at
each operator change or path change an empty personnel transfer device must be lifted
(trial lift) to each location at which the personnel platform is to be hoisted and
positioned.

5. The maximum intended load of the personnel transfer device as specified by the
manufacturer cannot be exceeded. The personnel transfer device must have a legible
posted plate or other permanent marking that indicates the weight of the device and its
rated load capacity (safe working load) or maximum intended load.

6. The total weight of the loaded personnel transfer device and related rigging cannot
exceed 50 percent of the rated capacity for the radius and configuration of the crane or
the lifting device.

7. Hoisting of personnel must be performed in a slow, controlled, cautious manner with no
sudden movement of the crane or the personnel transfer device.

8. Load lines must be capable of supporting, without failure, at least seven times the
maximum intended load, except that where rotation-resistant rope is used, the lines
must be capable of supporting, without failure, at least ten times the maximum intended
load.

9. Load lines must connect to the personnel transfer device by means of a positive locking
hook.

10. Machines using live booms (i.e., booms in which lowering is controlled by a brake
without aid from other devices that slow the lowering speeds) cannot be used to transfer
employees from one vessel to another vessel at sea.

11. The personnel transfer device must be inspected, maintained, and rigged in the manner
specified by the manufacturer.

12. A qualified person must administer an on-site competency-based orientation on the safe
use of the personnel transfer device before employees unfamiliar with the device are
loaded or lifted. At a minimum, the following elements must be included in this
orientation: safe loading and unloading procedures; crane actions, movements, and
signals; body positions, pinch points, and personnel stability; personnel baggage loading
procedures; and personal protective equipment requirements. Employers must
ascertain that each employee has sufficient knowledge to permit the employee to be
transported safely between vessels before permitting the employee to use a personnel
transfer device.

13. The operator of the crane must be trained to operate the crane safely and must be fully
familiar with the on-site competency-based orientation elements discussed above.

14. A snag-resistant tag line(s) of sufficient length (at least 10 feet) must be used when
necessary to control the personnel transfer device.

15. Personnel transfers at sea from one vessel to another vessel are to be conducted under
conditions of adequate illumination, such as that present during the daylight hours, or
when deck or bridge lights, spotlights, or other artificial lights are used to illuminate the
transfer operation.

16. A personnel transfer device may not be used as a work platform. While personal baggage
and mail bags may be transported in the personnel transfer device, they must be placed
and/or secured to prevent them from falling and must be loaded and unloaded
in a manner that will not damage the personnel transfer device.

Other acceptable methods for transferring personnel at sea from one vessel to another vessel
include pilot ladders (not Jacob’s ladders), pilot hoists, and accommodation ladders. The U.S.
Coast Guard, Merchant Marine, and International Maritime Organization (IMO) recognize these
methods as safe means for transferring personnel at sea. In extreme weather and high seas,
personnel shall not be permitted to transfer at sea from one vessel to another vessel by any
means, except in life-threatening emergencies.

C. 29 CFR PART 1915 – SHIPYARD EMPLOYMENT

Question 4: Can Lockout/Tagout violations be cited on floating fish processors?

Answer: Yes, OSHA has authority on commercial uninspected fishing industry vessels to cite for all
violations of working conditions to which any employee, including a seaman, is exposed, when
such violations occur within OSHA's geographical jurisdiction, and when the hazard is not
regulated by the U.S. Coast Guard (See Appendix A and Appendix B). With respect to
lockout/tagout on commercial fishing industry vessels, the U.S. Coast Guard has not prescribed
any regulations in this area. The U.S. Coast Guard does have various material requirements on
commercial fishing industry vessels, including electrical and hydraulic systems (46 CFR Part 28,
Subparts B-G); however, the extent of those regulatory requirements does not address the
hazards involved in the installation, maintenance, or repair of these systems. As a consequence,
OSHA has authority to cite for lockout/tagout violations of working conditions on commercial
uninspected fishing industry vessels.

Lockout/tagout functions on a vessel meet the definition of ship repair, defined by 29 CFR §
1915.4(j), as follows, “The terms SHIP REPAIR and SHIP REPAIRING mean any repair of a vessel
including, but not restricted to, alterations, conversions, installations, cleaning, painting, and
maintenance work.” This definition is related to the vessel itself. Since the operations in the
factory portion of a fish processing vessel are the same as those in shore-side processing
factories, OSHA applies 29 CFR § 1910.147 to fish processing vessel factory production areas.

Violations of the lockout/tagout standards on commercial fishing industry vessels, except for the
factory area(s) of fish processing vessels, may be cited under 29 CFR Part 1915, Subpart J or
Subpart L, as applicable.

NOTE: If the workplace being inspected or the principal office of the employer is in the 3rd,
5th, 9th, or 11th Circuit, there is case law that may affect the applicability of 29 CFR Part
1915. For clarification regarding applicable case law, consult OSHA’s Shipyard Employment
“Tool Bag” Directive and contact the appropriate Regional Solicitor's Office.

Question 5: Are crew member living spaces on a fish processing vessel subject to OSHA
standards?

Answer: As a general rule, no. The U.S. Coast Guard enforces requirements (46 U.S.C. 11101) for
the accommodations of seamen on any vessel of 100 or more gross tons. The applicable

definition of seaman for this requirement is, “an individual (except scientific personnel, a sailing
school instructor, or a sailing school student) engaged or employed in any capacity aboard a
vessel” (46 U.S.C. 10101). Under section 4(b)(1) of the OSH Act, therefore, living spaces on fish
processing vessels, including floor-space square footage and window requirements, are a matter
under the cognizance of the U.S. Coast Guard.

Consistent with longstanding policy, OSHA's Temporary Labor Camp standard (29 CFR §
1910.142) does not apply to vessels (such as ships and barges). Any hazards noted by CSHOs
related to living spaces on fish processing vessels will be referred in writing to the U.S. Coast
Guard.

Question 6: Is a shipkeeper on an inspected vessel in a winter layup status subject to OSHA
authority?

Answer: A shipkeeper is an employee assigned to monitor a vessel(s) while it is not in navigation
status during the winter. The shipkeeper monitors the vessel to ensure its safety and security
during the winter layup. The U.S. Coast Guard retains authority over the vessel and any seamen
onboard since it is an inspected vessel. However, the shipkeeper, who is assigned by the vessel
owner to monitor the vessel, is not a seaman and is not a position required by the U.S. Coast
Guard on the certificate of inspection. Therefore, section 4(b)(1) of the OSH Act does not bar
OSHA from issuing citations for working conditions, i.e., hazards, to which a shipkeeper is
exposed, unless the condition is specifically addressed by a Coast Guard regulation.

If the vessel or equipment on the vessel is being repaired or overhauled, the shipkeeper would be
subject to OSHA’s Shipyard Employment standards under 29 CFR Part 1915. Shipyard
employment is defined as ship repairing, shipbuilding, shipbreaking and related employments
(see 1915.4(i)). Related employment is defined as any employment performed as an incident to
or in conjunction with ship repairing, shipbuilding or shipbreaking work, including, but not
restricted to, inspection, testing, and employment as a watchman (see 1915.4(m)). Therefore, the
shipkeeper, who essentially servers as a watchman, becomes covered by OSHA requirements
outlined in 29 CFR Part 1915. In situations where the shipkeeper is not covered by to OSHA’s
Shipyard Employment standards under 29 CFR Part 1915, the shipkeeper would be covered by
OSHA’s General Industry standards under 29 CFR Part 1910. However, as stated above, those
OSHA standards do not apply to the operators or owners of vessels if the hazard is addressed by a
Coast Guard regulation.

D. 29 CFR PARTS 1917 AND 1918 – MARINE TERMINALS AND LONGSHORING

Question 7: Does 29 CFR 1917 apply to operations beyond the outer gate of the terminal?

Answer: 29 CFR Part 1917, the Marine Terminals Standards, may apply to areas outside the
terminal gate provided that those adjacent areas and structures are associated with the primary
movement of cargo or materials from vessel to shore, or shore to vessel. This applies to
structures which are devoted to receiving, handling, holding, consolidation, and loading or

delivery of waterborne shipments or passengers. It also applies to areas devoted to the
maintenance of the terminal or equipment used in the terminal. Production or manufacturing
areas having their own docking facilities and located at a marine terminal are excluded from
coverage, as are storage facilities directly associated with those production or manufacturing
areas. (See Empire Company, Inc. v. OSHRC, 136 F.3d 873 (1st Cir. 1998).)

Question 8: Who has authority at a “Designated Waterfront Facility” for the movement of
cargo, the U.S. Coast Guard or OSHA?

Answer: Section 4(b)(1) of the OSH Act provides that OSHA has no authority over a working
condition if another federal agency has a regulation dealing with that working condition.
Pursuant to 33 U.S.C. 1231, a provision of the Ports and Waterways Safety Act, the U.S. Coast
Guard has promulgated regulations (33 CFR Part 126) dealing with working conditions for the
loading and discharging of vessels at designated waterfront facilities involving the handling and
storage of dangerous cargo, designated dangerous cargo, or cargo of a particular hazard.

Furthermore, pursuant to this same section, the U.S. Coast Guard has promulgated regulations
(33 CFR Part 154) for working conditions involving facilities capable of transferring oil or other
hazardous materials, in bulk, as defined in 33 CFR § 154.105, to or from a vessel (See 29 CFR §
1917.1(a)(1)(i) for the exemption). If the cargo handled at the designated waterfront facility is of
the type specified in these U.S. Coast Guard regulations (33 CFR Parts 126 and 154), then OSHA
authority is preempted with respect to those hazards addressed by those regulations (such as
fire, explosion, and toxic hazards).

NOTE: Before making any determination concerning these coverage issues, OSHA field offices
should consult with OSHA's National Office (Directorate of Enforcement Programs, Office of
Maritime Enforcement). It is noted that OSHA is preempted at designated waterfront facilities
used solely for operations involving the bulk storage, handling, and transfer of liquids and
gases or cargo listed in 33 CFR Part 126 or Part 154; any other working conditions at the
facility are subject to OSHA regulation (such as activities related to production,
manufacturing, construction, ship repair including tank cleaning operations, and the
movement of general cargo). Bulk is defined as 250 barrels or more, where a barrel holds 42
U.S. gallons (i.e., 250 barrels = 10,500 U.S. gallons).

E. 29 CFR PART 1926 – MARINE CONSTRUCTION

Question 9: Do cranes mounted on barges to be used for marine construction need to be
certificated according to the Gear Certification Standards (29 CFR Part 1919)?

Answer: Construction employers engaged in marine construction operations are subject to the
construction standards. Cranes and lifting devices used to move construction materials from
shore to barge or from barge to the construction site are not required to be certificated. For
example: A construction employer has a crane mounted on a barge and loads material from the
shore to the barge. The barge is then towed to the middle of a river to a bridge pier and the crane

then hoists the material to the working site. This crane is not required to be certificated.

When it is determined that the employer is using shore-based cranes or other lifting devices to
load or discharge material aboard vessels for transportation as "cargo for commerce" the cranes
or other lifting devices fall under the requirements of 29 CFR 1917 – Marine Terminals Standards
and shall be certificated as required by 29 CFR § 1917.50(a). For example: A construction
company uses mobile crawler cranes to load barges at a West Coast port with construction
material and equipment destined for the Alaska Pipe Line. Thus, the material and equipment is
"cargo for commerce." The shore-based cranes must be certificated under 29 CFR § 1917.50(a).

When it is determined that the employer is using derricks and/or cranes which are a part of, or
regularly placed aboard barges, other vessels, or on the wingwalls of floating drydocks, and are
used to transfer materials or equipment from or to a vessel or dry dock for the purpose of
shipyard employment as defined under 29 CFR § 1915.4(i) then these lifting devices must be
tested and certificated as required by 29 CFR § 1915.115(a). This is not intended to include
incidental maintenance or normal upkeep performed on floating equipment during actual
construction operations. It does cover major overhaul of floating equipment when such
equipment is taken out of service and not being used for construction operations. For example: A
construction employer is overhauling his barges during winter lay-up. He is using a crawler crane
mounted on a barge to transfer repair material from shore to the barges. This is identified as a
ship repair operation, and the barge mounted crane is required to be tested and certificated to
the requirements of 29 CFR § 1915.115(a).

The requirements for testing and certificating shore-based and barge mounted cranes and other
lifting devices are contained in CPL 02-01-055 - Maritime Cargo Gear Standards and 29 CFR Part
1919 Certification.

Question 10: What standards are applicable to a barge-mounted stiff-leg derrick engaged in the
repair and maintenance of a dam site, while performing functions such as lifting structures
(e.g., inlet screens, gate rollers) for repair and maintenance upkeep, and lifting accumulated
debris? This derrick does not perform any longshoring activities such as cargo transfer from
shore-to-vessel or vessel-to-vessel.

Answer: The operations associated with the use of this barge-mounted stiff-leg derrick fall under
marine construction and, as a consequence, the applicable standards for this barge-mounted
derrick application are 29 CFR § 1926, Subpart CC and 1926.605. Additionally, if the derrick is
replaced with a barge-mounted land-based crane, the same standards would apply to a land-
based crane temporarily mounted on a barge and performing the same functions at this site.

OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and on the Outer Continental Shelf (OCS)

Continue your research in ChatGPT or Claude