OSHA Instruction CPL 2-1.20 November 8, 1996 Directorate of CompliancePrograms

SUBJECT: OSHA/U.S. Coast Guard Authority Over Vessels

A. Purpose. This instruction provides current policy, informationand guidance with respect to OSHA/U.S. Coast Guard authority over inspectedvessels, commercial uninspected fishing vessels, and commercial uninspectedvessels in accordance with Section 4(b)(1) of the OSH Act, 29 U.S.C. Section653(b)(1).

B. Scope. This instruction applies OSHA-wide.

C. References.

1. OSHA Instruction STP 2.22A, CH-5, March 10, 1995, Changes tothe State Plan Policies and Procedures Manual.

2. Memorandum of Understanding, U.S. Coast Guard and theOccupational Safety and Health Administration, 48 Federal Register 11366,March 17, 1983, effective date of March 8, 1983.

3. Public Law 100-424, enacted September 9, 1988, "CommercialFishing Industry Vessel Safety Act of 1988," 46 U.S.C. 4501 et seq.

4. 46 CFR Part 28, "Commercial Fishing Industry VesselRegulations," Final Rule.

5. 46 CFR Parts 24, 25, and 26 - "Uninspected Vessels."

6. Jones Act, 46 U.S.C. 688.

7. 46 CFR Part 197, Subpart B - "Commercial Diving Operations."

8. OSHA Instruction STD .2, November 4, 1985, Identification ofGeneral Industry Safety and Health Standards (29 CFR 1910) Applicable toShipyard Work.

9. OSHA Instruction CPL 2-1.3B, June 14, 1982, Enforcement ofCargo Gear Regulations and the Requirements for Gear Certification in theMaritime Program.

10. 29 CFR 1926, Construction Industry Standards.

11. 29 CFR 1910, General Industry Standards.

12. Occupational Safety and Health Act (OSH Act) of 1970, Section5(a)(1) General Duty Clause, and Section 4(b)(1) preemption of OSHA authorityby other Federal or State agencies.

13. OSHA Instruction CPL 2.51 (Series), Exemptions and LimitationsUnder the Current Appropriations Act.

D. Cancellation. The following guidance documents addressing OSHAand U.S. Coast Guard authority and enforcement with respect to vessels arecanceled:

1. Memorandum from Thomas J. Shepich, Directorate of CompliancePrograms, April 5, 1989, "OSHA/U.S. Coast Guard Jurisdiction."

2. Memorandum from Gerald P. Reidy, Office of Construction andMaritime Compliance Assistance, to Region X, November 1, 1990, "OSHA/U.S.Coast Guard Jurisdiction; Commercial Fishing Industry Vessels."

3. Memorandum from Gerald P. Reidy, Office of Construction andMaritime Compliance Assistance, to Region X, January 18, 1991, "OSHA/U.S.Coast Guard Jurisdiction, Commercial Fishing Vessels."

4. Memorandum from Patricia K. Clark, Directorate of CompliancePrograms, to Region X, July 6, 1990, "OSHA/ U.S. Coast Guard Jurisdiction;Commercial Fishing Industry Vessels."

E. Action. OSHA Regional Administrators and Area Directors shalluse the guidelines and procedures set forth in this instruction to determineOSHA's authority with respect to the enforcement of occupational safety andhealth violations on vessels.

F. Federal Program Change. This instruction describes a FederalProgram Change which affects State plan coverage of public sector employeesengaged in maritime employment and those States whose programs also coverportions of the private sector maritime issue. States which cover privatesector maritime employment and/or have public sector employees engaged inmaritime operations are encouraged to follow the guidelines andjurisdictional limitations established by this instruction within the contextof applicable State law, i.e., comparable to Section 4(b)(1) of the OSH Act.

1. The Regional Administrator shall ensure that this change ispromptly forwarded to each State designee, using a format consistent with thePlan Change Two-Way Memorandum in Appendix P of the State Plan Policies andProcedures Manual (reference C.l., OSHA Instruction STP 2.22A).

2. The Regional Administrator shall explain to each Statedesignee, as requested, the technical content of this change.

3. States which cover private sector maritime employment and/orhave public sector employees engaged in maritime operations shall be asked toprovide preliminary notification to the Regional Administrator within 30 daysfrom the date of this instruction of their intent to adopt an identical orequivalent policy or not to adopt such jurisdictional limitations based oninterpretations of differing provisions of State law.

G. Background. The delineation of OSHA and the U.S. Coast Guardauthority over inspected vessels has been unchanged since the signingof a Memorandum of Understanding (reference C.2.) in 1983. The Coast Guardhas statutory authority to prescribe and enforce regulations affecting thesafety and health of seamen on board vessels inspected and certificated bythe agency, and has issued comprehensive standards for working conditions oninspected vessels. Therefore, OSHA may not enforce the OSH Act with respectto "seamen" on inspected vessels including the master, ship's officers andcrew members.

The extent of the Coast Guard preemption of OSHA authority overcommercial uninspected fishing vessels underwent significant changesin 1991. In response to Public Law 100-424 (reference C.3.), the U.S. CoastGuard developed and issued specific regulations (reference C.4.) forcommercial uninspected fishing, fish processing, and fish tender vessels toimprove the overall safety and health working conditions of commercialfishing industry vessels.

OSHA authority over commercial uninspected vessels (otherthan uninspected fishing vessels) remains unchanged. The U.S. Coast Guardhas published applicable regulations for uninspected vessels (See referenceC.5.).

Due to the complexity of determining the extent to which the CoastGuard preempts OSHA authority over inspected vessels, uninspected fishingvessels, and uninspected vessels, additional clarification of OSHA and U.S.Coast Guard authority and enforcement activities on vessels is providedherein.

H. Definitions. Since most definitions related to this instructionare derived from longstanding U.S. Coast Guard rules, where applicable thepertinent U.S. Coast Guard reference is provided within brackets. Thefollowing definitions are applicable to this instruction.

1. Barge means a non-self propelled vessel. [46 USCSection 2101(2)]

2. Boundary Line means a line of demarkation establishedunder Section 2(b) of 33 U.S.C. 151. Generally, boundary lines follow thegeneral trend of the shoreline and cross entrances to small bays, inlets andrivers. For specific descriptions of boundary lines refer to 46 CFR Part7.

3. Certificate of Inspection means a U.S. Coast Guarddocument issued to United States vessels inspected by the U.S. Coast Guardand which contains, among other information: the description of the vessel,the route the vessel may travel, the minimum crew requirements, the safetyequipment and appliances required to be on board, the total number of personsthat may be carried, and the names of the owners and operators. [46 USCSection 3309]

4. Commercial Fishing Industry Vessel means a fishingvessel, fish tender vessel, or a fish processing vessel which is licensed orregistered to engage in commercial fishing industry operations. [46 CFRSection 28.50]

5. Fish means finfish, mollusks, crustaceans, and all otherforms of marine animal and plant life, except marine mammals and birds. [46USC Section 2101(11)]

6. Fish Processing Vessel is a U.S. Coast Guardclassification for a vessel that commercially prepares fish or fishproducts other than by gutting, decapitating, gilling, skinning, shucking,icing, freezing, or brine chilling. [46 USC Section 2101(11b)]

7. Fish Processing, as defined by OSHA, is a productionfunction which involves any preparation of a fish or fish product by a workerincluding gutting, decapitating, gilling, skinning, shucking, icing,freezing, or brine chilling. It is important to note that the definition offish processing, as defined by OSHA, is predicated on worker function and,therefore, may occur on vessels other than a U.S. Coast Guard classified"Fish Processing Vessel" (e.g.; "Fish Tender Vessel", "FishingVessel").

8. Fish Tender Vessel is a U.S. Coast Guardclassification for a vessel that commercially supplies, stores,refrigerates, or transports fish, fish products, or materials directlyrelated to fishing or the preparation of fish to or from a fishing, fishprocessing, or fish tender vessel or a fish processing facility. [46 USCSection 2101(11b)]

9. Fishing Vessel is a U.S. Coast Guard classificationfor a vessel that commercially engages in the catching, taking, orharvesting of fish or an activity that can reasonably be expected to resultin the catching, taking, or harvesting of fish. [46 USC Section2101(11a)]

10. Inspected Vessel means a vessel subject to inspection bythe U.S. Coast Guard under 46 U.S.C. 3301 and which is issued a Certificateof Inspection (COI) by the Coast Guard.

11. Navigable Waters includes all rivers, tributaries,lakes, bays, and sounds which in their natural and ordinary condition areaccessible to and from the high seas by vessels. The U.S. Coast Guard is theagency responsible for making any determination of whether a body of water isconsidered to be "Navigable Waters."

12. Seaman is an individual engaged or employed in anycapacity on board a vessel, and who has a more or less permanent connectionwith a vessel, and who contributes to the function of the vessel or to theaccomplishment of its mission. [46 USC Section 10101(3)]

13. Uninspected Vessel means a vessel not subject toinspection under 46 USC Section 3301 and not a recreational vessel under 46USC Section 2101(43). A vessel classified as an "uninspected vessel" by theU.S. Coast Guard is subject to limited Coast Guard inspection of thefollowing areas only: safety check of basic fire fighting equipment, safetycheck of approved life jackets and lifesaving equipment, ventilation ofengine bilges and fuel tank compartments, and backfire traps/flame arresterson inboard engine carburetors using gasoline as a fuel.

I. Geographical Considerations for All Vessels. The authority ofOSHA over any vessel is limited to employment performed within a jurisdictioncovered by the OSH Act (See Section 4(a), 29 U.S.C. 653(a)). This provision,as modified by later international agreements, states that the OSH Actapplies to employment performed in a State of the United States, the Districtof Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, NorthernMariana Islands, Wake Island, Johnston Island, and the Outer ContinentalShelf Lands defined in the Outer Continental Shelf Lands Act. For thepurposes of this instruction, the term "State" means each of thejurisdictions previously mentioned, except the Outer Continental Shelf Lands. OSHA only has authority over vessels when they are operating within thelimits of State territorial waters.

1. For coastal States, the State territorial waters extend 3nautical miles seaward from the coast line, except for the Gulf Coast ofFlorida, Texas and Puerto Rico where the territorial waters extend for 3marine leagues (approximately 9 nautical miles). "Coast line" is defined asthe line of ordinary low water along that portion of the coast which is indirect contact with the open sea and the line marking the seaward limit ofinland waters.

2. For States bordering the Great Lakes and St. Lawrence River,all waters in the Great Lakes and associated rivers up to the internationalboundary line with Canada are State territorial waters.

J. Authority Over Inspected Vessels. The U.S. Coast Guardexercises full authority over the safety and health of seamen on boardvessels which are inspected and certificated by the U.S. Coast Guard; i.e.,"inspected" vessels. With respect to inspected vessels, OSHA refers allsafety and health complaints regarding the working conditions of seamen tothe U.S. Coast Guard for its consideration to determine whether the eventscomplained of constitute hazardous conditions. OSHA retains authority withrespect to recordkeeping requirements for seamen on inspected vessels.

1. OSHA may exercise authority over the working conditions ofemployees, other than seamen, who are exposed to occupational hazards whileworking on inspected vessels. This includes employees engaged in longshoringoperations, and employees engaged in shipbuilding, ship repair, orshipbreaking operations. This authority also includes other employees, suchas construction workers (e.g., those on pipe-laying barges) who are notpermanent members of the vessel. However, with respect to employees who arenot seamen, OSHA may not cite an owner, operator or master of an inspectedvessel for hazards specifically addressed by Coast Guardregulations.

2. The following guidance is provided with respect to making adetermination as to whether a worker is a "seaman". A seaman is an employeewho:

a. Is engaged or employed in any capacity on board a vesseland has a more or less permanent connection with the vessel,and

b. Contributes to the function of the vessel or to theaccomplishment of its mission. To be a seaman one need not aid in navigationor contribute to the transportation of the vessel, but one must do the ship'swork. Land-based maritime workers are not seamen (e.g., shipyard employees,longshoremen).

3. In making a determination of whether an individual or group ofindividuals would be classified as a "seaman", the vessel's "Certificate ofInspection" (COI) should be reviewed since it will provide relevantinformation on the crew. However, this document is not absolutelydeterminative.

4. The COI may specifically indicate crew member billets whichwould, thereby, classify members of the officer rating by a license, andseamen by the issuance of a Merchant Mariners Documents. This is commonlyreferred to as a "MMD" (Merchant Mariners Document) or "Z-Card"(identification number starts with the letter Z). However, other individualsmay be seamen if they meet the above noted two-part test. (See J.2.a. andb.) Any individual who can be determined to be subject to the Jones Act(reference C.6.), would be classified as a "seaman". Local U.S. Coast Guardoffices and staff are willing and helpful in those situations where it isdifficult to determine whether an individual or group of individuals would bedefined as a "seaman." In situations where a dispute or disagreement arises,or a question remains, the OSHA National Office, Office of General IndustryCompliance Assistance (Maritime Division), shall be contacted through therespective OSHA Regional Office before any violation is cited.

K. U.S. Coast Guard Inspected Vessel Regulations. The U.S. CoastGuard regulates safety and health working conditions for seamen on inspectedvessels through the issuance of standards which are contained in 46 CFRChapter I. The enforcement of the U.S. Coast Guard requirements is set forthin their Marine Safety Manual and Navigation and Vessel Inspection Circulars. The U.S. Coast Guard also regulates commercial diving conducted frominspected vessels per 46 CFR Part 197, Subpart B regulations. (See referenceC.7.)

1. The types of inspected vessels are set forth in 46 U.S.C. 3301. They are freight vessels, nautical school vessels, off-shore supply vessels,passenger vessels, sailing school vessels, seagoing barges, seagoing motorvessels, small passenger vessels, steam vessels, tank vessels, fishprocessing vessels of more than 5,000 gross tons, and fish tender vessels ofmore than 500 gross tons.

2. Inspected vessels must carry a valid "Certificate ofInspection" issued by the U.S. Coast Guard.

L. OSHA Requirements Enforceable on Inspected Vessels. OSHA mayexercise its authority to cite employers (other than the owners, operators,agents or masters of inspected vessels employing only "seamen") forall violative working conditions on a vessel when such violations occurwithin OSHA's geographical jurisdiction. Primarily these employers are thosewho employ longshoremen and workers engaged in ship repairing, shipbuilding,and shipbreaking.

1. An owner, operator, agent or master of an inspected vessel maybe cited for hazards to which non-seamen it employs are exposed if the hazardis not specifically subject to a particular regulation of the U.S. CoastGuard. The reporting of accidents by employers to OSHA is required for allsituations where OSHA has geographical jurisdiction in accordance with 29 CFRSection 1904.8.

2. OSHA requirements which remain enforceable on inspected vesselsfor employees other than seamen are as follows:

a. 29 CFR 1915 for ship repair, shipbuilding and shipbreaking(including applicable 29 CFR 1910 requirements. (See referenceC.8.)

b. 29 CFR 1918 for long shoring operations.

c. 29 CFR 1919 for cargo handling operations as referencedunder 29 CFR 1918 longshoring requirements. (See referenceC.9.)

d. 29 CFR 1926 for marine construction activities. (Seereference C.10.)

e. 29 CFR 1910 for general working conditions not otherwiseregulated. (See reference C.11.)

f. Identified recognized hazardous situations that are causingor are likely to cause death or serious physical harm for which there are nospecific OSHA or U.S. Coast Guard standards will be cited under theprovisions of Section 5(a)(1) of the Occupational Safety and Health Act (OSHAct). (See reference C.12.)

          NOTE 1:   Situations will occur where the employee is                    covered by OSHA, but the vessel hazard is                    regulated by the U.S. Coast Guard.  A common                    example is the height of guardrails--OSHA                    requires 42 inches, but the U.S. Coast Guard                    allows various heights not specifically allowed                    in the OSHA standards.  In such cases involving                    hardware design specifications, OSHA compliance                    officers shall not cite the employer for the                    condition if it complies with the Coast Guard                    requirements.  However, if a longshoring                    employee were exposed to a fall into a hatch                    because an installed guard-rail or lifeline was                    missing or had been taken down, then OSHA                    compliance officers shall cite the violation.

          NOTE 2:   Inspected vessels in an immobile status which                    have been determined to be substantially a land                    structure are issued a "Certificate of Permanently                    Moored" by the Army Corps of Engineers and,                    thereby, lose status as a vessel (i.e., prior                    U.S. Coast Guard COI is invalid).  A "Certificate                    of Permanently Moored" may include prior vessels                    being used as a theater, hotel, restaurant,                    museum, factory, etc.  OSHA may exercise its                    authority to cite employers for all violative                    working conditions on such prior vessels.  If                    there is any question, call the National Office,                    Office of General Industry Compliance Assistance                    (Maritime Division) for guidance.

          NOTE 3:   Inspected vessels used as gambling boats, tour                    boats and similar vessels are subject to the                    1983 MOU between the Coast Guard and OSHA                    (reference C.2.).  If the worker is determined                    to be a "seaman" per paragraph J. of this                    instruction, then the U.S. Coast Guard regulates                    the working conditions.

M. OSHA Authority Over Commercial Uninspected Fishing Vessels.Authority over commercial uninspected fishing vessels is shared by the U.S.Coast Guard and OSHA, with the Coast Guard being the lead agency. OSHA isprecluded under Section 4(b)(1) of the OSH Act (reference C.12.) fromenforcement with respect to working conditions regulated by other Federalagencies. Therefore, the promulgation of 46 CFR Part 28 (reference C.4.) bythe U.S. Coast Guard has expanded the extent of the Coast Guard's regulationsover "commercial" uninspected fishing vessels, and preempts OSHA with respectto those working conditions specifically addressed by Coast Guardregulations.

1. OSHA will continue to regulate working conditions onuninspected fishing vessels that are not otherwise covered by U.S. CoastGuard standards, within the geographical limits specified in section I forthe protection of all employees including seamen. A list of enforceable OSHArequirements is provided in Appendix A of this instruction.

2. Pursuant to 29 C.F.R. 1910.6(a)(3), OSHA deems it necessary toassure the presence of Coast Guard personnel during OSHA inspections offishing vessels, as a general rule. Therefore, when practical and feasible,the OSHA Area Director will advise the Coast Guard in advance of inspectionsto be conducted aboard fishing vessels, and OSHA compliance officers willallow U.S. Coast Guard personnel to accompany them at the option of the CoastGuard.

a. OSHA shall advise the Coast Guard on a case-by-case basisof OSHA's requirement that vessel owners and employers are not given advancenotice of the inspection.

b. Specific occupational hazards noted by OSHA complianceofficers which are addressed by U.S. Coast Guard regulations will be referredto the local U.S. Coast Guard District Office in writing through the use ofthe OSHA 90 Form with a cover letter. This procedure will allow IntegratedManagement Information System queries to be conducted on referrals submittedto the U.S. Coast Guard by OSHA. Otherwise, the violations will be cited byOSHA compliance officers under OSHA procedures andregulations.

3. Pursuant to appropriations limitations, OSHA is currentlyprecluded from conducting "programmed" safety inspections of worksites in thefishing industry with 10 or fewer employees. Field personnel are reminded toreview OSHA Instruction CPL 2.51 (reference C.13.) for any applicablelimitations placed on OSHA activities by the Congress in the law providingappropriations for the Department of Labor.

N. U.S. Coast Guard Commercial Uninspected Fishing VesselRegulations. The U.S. Coast Guard regulations for commercial"uninspected" fishing vessels (reference C.4.) are applicable to fishprocessors up to 5,000 gross tons, fish tenders up to and including 500 grosstons, and all commercial fishing vessels. Fish processors and fish tenderswhich exceed these limits are "inspected" vessels. Currently, there is onlyone known vessel (fish processor) which exceeds these limits. The U.S. CoastGuard regulations are primarily performance-oriented requirements. Applicable U.S. Coast Guard regulations in force, which preempt OSHA forcommercial uninspected fishing vessels, can be found in Appendix B.

O. OSHA Requirements Enforceable on Commercial Uninspected FishingVessels. OSHA may exercise its authority to cite employers usingcommercial uninspected fishing vessels for all violative working conditionson a vessel when such violations occur within OSHA's geographicaljurisdiction, and when such violations are not specifically addressed byCoast Guard vessels. Primarily these employers are those who employ fishingindustry employees (e.g., processing line workers), longshoremen and workersengaged in ship repairing, shipbuilding, and shipbreaking.

1. An owner, operator, agent or master of an uninspected fishingvessel may be cited for hazards to which any employee, includingseamen, are exposed if the hazard is not regulated by the U.S. CoastGuard.

a. OSHA compliance officers will ensure compliance with 29 CFR1910 standards except for ship repair, shipbuilding, and shipbreaking where29 CFR 1915 standards apply; and cargo handling operations where 29 CFR 1918standards apply.

b. Identified recognized hazardous situations that are causingor are likely to cause death or serious physical harm for which there are nospecific OSHA or U.S. Coast Guard standards will be cited under Section5(a)(1) of the OSH Act. (See reference C.12.)

c. The reporting of accidents by employers to OSHA is requiredfor all situations where OSHA has geographical jurisdiction over the workingcondition(s). (See Appendix A for specific conditions that continue to besubject to OSHA enforcement.)

P. Authority Over Commercial Uninspected Vessels (Other than CommercialFishing Vessels). The U.S. Coast Guard conducts limited safety checks on"uninspected vessels." The Coast Guard has regulations dealing with, andconducts safety checks of, working conditions on commercial uninspectedvessels involving personal flotation devices, lifesaving equipment, fireextinguishing equipment, fire fighting equipment, ventilation of enginebilges and fuel tank compartments, and back-fire traps/flame arresters oninboard engine carburetors using gasoline as a fuel. Any other workingcondition on board a commercial uninspected vessel is subject to OSHAauthority.

1. U.S. Coast Guard regulations for uninspected vessels are notapplicable to:

a. Any vessel operating exclusively on inland waters which arenot navigable waters. The nearest U.S. Coast Guard Marine Safety Office willprovide a determination of navigable inland waters upon request. Any watersfrom which a vessel cannot access the high seas would generally not beconsidered navigable waters (e.g., a land locked lake, or a river/lakeup-stream of a dam).

b. Any vessel while laid up and dismantled and out ofcommission.

c. Any vessel with title vested in the United States which isused for public purposes, except vessels of the U.S. MaritimeAdministration.

2. Towing vessels and tugboats are not listed by the U.S. CoastGuard as "Vessels Subject to Inspection" and are, therefore, uninspectedvessels. The two exceptions are steam powered towing vessels andtugboats, and seagoing towing vessels and tugboats over 300 grosstons which operate beyond the Boundary Line and, thus, are inspectedvessels.

NOTE: If the vessel always operates within U.S. inlandwaters then it is not required to be inspected.

Q. U.S. Coast Guard Uninspected Vessels (Other than Commercial FishingVessels) Regulations. U.S. Coast Guard uninspected vessel regulations(reference C.5.) provide clarification c the extent of U.S. Coast Guardauthority and enforcement in this area. Applicable U.S. Coast Guardregulations in force which preempt OSHA on uninspected vessels are summarizedin Appendix C.

NOTE: U.S. Coast Guard regulations (reference C.5.) shallreviewed prior to conducting inspections of uninspected vessels and prior tothe issuance of citations for violations.

R. OSHA Requirements Enforceable on Uninspected Vessels (Other thanCommercial Fishing Vessels). OSHA may exercise its authority to cite allemployers for all violative working conditions affecting their employees onuninspected vessels when such violations occur within OSHA's geographicaljurisdiction and when such violations are not specifically addressed by aCoast Guard regulation.

1. An owner, operator, agent or master of an uninspected vesselmay be cited for hazards to which any employees, including seamen, itemploys are exposed if the hazard is not regulated by the U.S. CoastGuard.

a. OSHA compliance officers will ensure compliance with 29 CFR1910 standards except for ship repair, shipbuilding, and shipbreaking where29 CFR 1915 standards apply; longshoring and cargo handling operations where29 CFR 1918 and 1919 standards apply; and marine construction activitieswhere 29 CFR 1926 standards apply.

b. Identified recognized hazardous situations that are causingor are likely to cause death or serious physical harm for which there are nospecific standards will be cited under the provisions of Section 5(a)(1) ofthe OH Act. (See reference C.12.)

c. A list of the hazards regulated onboard uninspected vesselsby the Coast Guard is provided in Appendix C of thisinstruction.

2. The reporting of accidents by employers to OSHA is required forall situations where OSHA has geographical jurisdiction.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices All ComplianceOfficers State Designees NIOSH Regional Program Directors 7(c)(1) ProjectManagers

          SPECIFIC CONDITIONS ON UNINSPECTED FISHING VESSELS                      SUBJECT TO OSHA ENFORCEMENT

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

NOTE: Cranes used to support ship repair or longshoringoperations (i.e., the transfer of cargo to or from a vessel) requirecertification by a recognized Federal OSHA agency accredited under 29 CFR1919.

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

3. Ropes (wire, manila, and synthetic). [29 CFR 1910 Subpart N; 29 CFR1915 Subpart G; 29 CFR 1918 Subpart G]

4. Powered vehicles on board. [29 CFR 1910.178; 29 CFR 1918.73]

5. Maintenance and repair (painting, lockout/ragout, deck holes). [29 CFR1915 Subparts B, C and E]

6. Open-sided floors and platforms. [29 CFR 1910 Subpart D; 29 CFR 1915Subpart E; 29 CFR 1918 Subpart D]

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

8. Warning signs and labeling of control switches. [29 CFR 1910.147 and.335; 29 CFR 1915 Subpart J]

9. Temporary cords (use, maintenance, and material construction). [PublicLaw 91-596 Section 5(a)(1), 29 CFR 1915.92]

10. Exposed electrical wiring related to factory processing equipment. [Public Law 91-596 Section 5(a)(1)]

11. Steam hose use and fittings. [29 CFR 1915.93]

12. Working around radar and other emission devices. [29 CFR 1915.95]

13. Illumination of work areas and accommodation spaces. [29 CFR 1915.92]

14. Washing, bathing, toilet, and clothes washing facilities. [29 CFR1910.141]

15. Noise. [29 CFR 1910.95]

16. Elevators and dumbwaiters. [29 CFR 1910.212]

NOTE: For vessels classified by the Coast Guard as a "FishProcessing Vessel" hazardous conditions of elevators and dumbwaiters whichare identified by OSHA are referred to the Coast Guard for appropriateaction.

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

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

19. Sources of ignition, including smoking (e.g., tobacco). [29 CFR 1915Subpart B]

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

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

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

23. Personal protective equipment, except lifesaving equipment, lifepreservers, immersion suits, exposure suits, other personal flotationdevices; and on 46 CFR Part 28, Subparts C and D vessels, equipment dealingwith refrigerant ammonia and the protection of firefighters. [29 CFR 1910Subpart I; 29 CFR 1915 Subpart I; 29 CFR 1918 Subpart J]

24. Gas masks and canisters, except equipment dealing with ammonia used asa refrigerant; and on 46 CFR Part 28, Subparts C and D vessels, equipment forfirefighters. [29 CFR 1910.134; 29 CFR 1915.152]

25. Respiratory protective programs and respirator checks, except ammoniaused as a refrigerant; and on 46 CFR Part 28, Subparts C and D vessels,equipment for firefighters. [29 1910.134; 29 CFR 1915.152]

26. Asbestos and other chemical exposures, except refrigerant ammonia on 46CFR Part 28, Subparts C and D vessels. [29 CFR 1910 Subpart Z; 29 CFR 1915Subpart Z]

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

28. Hazard communication. [29 CFR 1910.1200, 29 CFR 1915.1200]

29. Bloodborne pathogens. [29 CFR 1910.1030, 29 CFR 1915.1030]

30. Emergency response and spill clean up. [29 CFR 1910.120]

31. Reporting of accidents and fatalities. [29 CFR 1904]

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. Accidents and fatalities which occur within OSHA's geographical jurisdictionare required to be reported to OSHA in accordance with 29 CFR1910.8.

32. Recording of illnesses and injuries. [29 CFR 1904]

NOTE: Section 4(b)(1) of the OSH Act does not apply torecordkeeping; therefore, OSHA and the U.S. Coast Guard may enforce their ownrules.

1. U.S. Coast Guard requirements which apply to all commercial uninspectedfishing vessels (46 CFR Part 28, Subpart B). (See reference C.4.)

a. General lifesaving equipment.

(1) Personal floatation device (PFD) and immersion suits. [46CFR 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 lifesavingequipment. [46 CFR 28.145]

b. Distress signals. [46 CFR 28.145]

c. Emergency Position Indicating Radar Beacons (EPIRBs). [46 CFR28.150, 46 CFR 25.26].

d. Excess fire detection and protection equipment. [46 CFR28.155].

e. Portable fire extinguishers. [46 CFR 28.155].

f. Injury placard. [46 CFR 28.165]

g. Casualty reporting. [46 CFR 4.05]

h. Injury reporting. [46 CFR 4.05]

2. Additional U.S. Coast Guard requirements which apply to documentedcommercial fishing vessels that operate beyond the Boundary Lines or with 16or more individuals on board (reference C.4., Subpart C):

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

b. First aid equipment and training. [46 CFR 28.215]

c. Guards for exposed hazards (including machine guarding). Thisincludes, but is not limited to, factory processing equipment on fishprocessing vessels. [46 CFR 28.215]

(1) Each space on board a vessel must meet the requirements ofthis section.

(2) Suitable hand covers, guards, or railing must be installedin way of machinery which can cause injury to personnel, such as gearing,chain or belt drives, and rotating shafting. This is not meant to restrictnecessary access to fishing equipment such as winches, drums orgurdies.

(3) Each exhaust pipe from an internal combustion engine whichis within reach of personnel must be insulated or otherwise guarded toprevent 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 CFR28.250 and .255]

k. Electronic position fixing devices. [46 CFR 28.260]

l. Emergency instructions, training, drills and safetyorientation. [46 CFR 28.265 and .270]

(1) Abandoning the vessel, fighting fires, recovering anindividual from the water, minimizing the effects of unintentional flooding,launching survival craft, recovering lifeboats and rescueboats;

(2) Donning a fireman's outfit and a SCBA, making a voice radiodistress call and using visual distress signals, activating the general alarmand reporting inoperative alarm systems and fire detection system;and

(3) Drills, and vessel safety orientation.

3. In addition to the aforementioned regulations, commercial fishingvessels which have had their keel laid or are at a similar stage ofconstruction or which undergo a major conversion completed on or afterSeptember 15, 1991, and that operate with more than 16 individuals on boardmust comply with the following U.S. Coast Guard requirements (reference C.4.,Subpart D):

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 & depth sounding devices. [46 CFR 28.400]

(6) Deck rails, lifelines, storm rails and hand grabs. [46 CFR28.410]

b. Fire Fighting/Engineering Equipment.

(1) Fire pumps, mains, hydrants and hoses. [46 CFR28.315]

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

(3) Fire detection systems. [46 CFR 28.335]

(4) Galley hood and other fire protection equipment. [46 CFR28.330]

(5) Fuel systems. [46 CFR 28.335]

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

(7) Electrical standard for vessels greater than 79 feet inlength. [46 CFR 28.345]

(8) General requirements for electrical systems. [46 CFR28.350]

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

(10) Electrical distribution systems. [46 CFR 360]

(11) Overcurrent protection and switched circuits. [46 CFR28.365]

(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 49individuals on board. [46 CFR 28.385]

(16) Hydraulic equipment. [46 CFR 28.405]

4. Stability requirements which apply to documented commercial fishingindustry vessels greater than 79 feet (See reference C.4., Subpart E).

5. Requirements which apply to fish processing vessels (See referenceC.4., Subpart F).

6. Requirements which apply to fish tender vessels engaged in the AleutianTrade Act (See reference C.4., Subpart G).

1. Personal Flotation Devices (PFD) and Other Lifesaving Equipment [46 CFR25.25].

a. An approved and readily available PFD is required to be onboard the vessel for each individual on board. An exposure suit isconsidered to be an acceptable substitute for a PFD. All lifesavingequipment designed to be worn is required to be readily available and inserviceable condition.

b. Each vessel 26 feet or longer must have at least one approvedring life buoy which is immediately available. All lifesaving equipmentdesigned to be thrown into the water is required to be immediately availableand in serviceable condition.

c. An approved commercial hybrid PFD is acceptable if worn whenthe vessel is underway and the intended wearer is not within an enclosedspace; labeled for use on uninspected commercial vessels; and used as markedand in accordance with the owner's manual.

d. An approved light is required for all PFDs and exposure suits. Also, all PFDs must have approved retro-reflective materialinstalled.

2. Fire Extinguishing Equipment [46 CFR 25.30].

a. Hand-portable fire extinguishers and semi-portable fireextinguishing systems must be of the "B" type (i.e.; suitable forextinguishing fires involving flammable liquids, greases, etc.).

b. Hand-portable fire extinguishers and semi-portable fireextinguishing systems must have a plate listing the name of the item, ratedcapacity (gallons, quarts or pounds), name and address of person/firm forwhom approved, and manufacturer's identifying mark.

c. Portable fire extinguishers must be inspected and weighed every6 months.

d. Minimum number of B-II hand portable fire extinguishersrequired to be on board motor vessels: one if less than 50 tons, two if50-100 tons, three if 100-500 tons, six if 500-1000 tons, and eight if over1000 tons.

e. Fixed fire extinguishing systems must be an approved carbondioxide type and must meet the U.S. Coast Guard requirements. (See referenceC.5., Part 25.30-15.)

3. Backfire Flame Control [46 CFR 25.35].

Every gasoline engine installed after April 25, 1940, exceptoutboard motors, must be equipped with an acceptable means of backfire flamecontrol.

4. Ventilation of Tanks and Engine Spaces [46 CFR 25.40].

Fuel tanks and engine spaces, using fuel with a flashpoint of 110degrees Fahrenheit or less, must be provided with adequate ventilation toremove explosive or flammable gases from the fuel tank compartment orbilges.