DIRECTIVE NUMBER: CPL 02-00-003 EFFECTIVE DATE: June 12, 1998 SUBJECT: Maritime Safety and Health Inspections on Towing Vessels, Fishing Vessels, and Barges within Region 10 REGIONAL IDENTIFIER: Region 10 ABSTRACT Purpose: This instruction describes the policy guidelines that shall be followed when towing vessels, fishing vessels, fish processing vessels, and barges are selected for inspection on the navigable waters of Region X. References: OSHA Instruction CPL 02-00-046 dated January 20, 1982 Memorandum of Understanding (MOU) between OSHA and the U.S. Coast Guard Public Law 100-24 [H.R. 1841] enacted September 9, 1988, "Commercial Fishing Industry Vessel Safety Act of 1988" 46 CFR Part 28, "Commercial Fishing Industry Vessel Regulations; Final Rule;" and 46 CFR Subchapter C, "Uninspected Vessels." Cancellations: Action Offices: Seattle Regional Instruction CPL 2.6B, Maritime Safety Inspections on Towing Vessels, Fishing Vessels and Barges within Region X, dated October 7, 1994 This instruction applies Region-wide. Originating Office: Office of Federal & State Operations Contact: Dean Ikeda, ARA for Office of Federal & State Operations By and Under the Authority of Richard Terrill Regional Administrator
EXECUTIVE SUMMARY OSHA's jurisdiction regarding vessels is limited to those situations where a vessel is located within a state or territory. The Coast Guard has worldwide jurisdiction over U.S. documented (inspected) vessels; and OSHA, in turn, has limited geographical jurisdiction. OSHA is limited to jurisdiction of vessels operating within a state's territorial waters. In general, the territorial waters extend three nautical miles seaward from the coastline. The exception is the gulf coast where the territorial waters extend three marine leagues or approximately nine nautical miles. The coastline is defined as the line of ordinary low water along that portion of the coastline which is in direct contact with the open sea. For the purposes of this instruction, the term seaman applies to any individual who sails with the vessel other than a passenger. The U.S. Coast Guard regards fish processor factory employees as seamen. Its definition breaks out seamen as either licensed or unlicensed. The term crewman applies to a seaman who is responsible for the navigation of the vessel only. All other seamen may be considered employees for the application of OSHA standards. It is the policy of the Seattle Regional Office to work closely with the U.S. Coast Guard in assuring a safe and healthful workplace for maritime workers. This instruction describes the policy guidelines that shall be followed when towing vessels, fishing vessels, fish processing vessels, and barges are selected for inspection on the navigable waters of Region 10 TABLE OF CONTENTS A. Purpose B. Scope C. References D. Cancellation E. Action Required F. Policy G. Guidelines H. Procedures
A. Purpose. This instruction describes the policy guidelines that shall be followed when towing vessels, fishing vessels, fish processing vessels, and barges are selected for inspection on the navigable waters of Region X. B. Scope. This instruction applies Region-wide. C. Cancellation. Seattle Regional Instruction CPL 2.6B, Maritime Safety Inspections on Towing Vessels, Fishing Vessels and Barges within Region X, dated October 7, 1994, is canceled and is to be removed from the directive system and discarded. D. Action Required. Affected offices shall follow the policies and procedures set forth below to ensure effective maritime safety and health inspections. E. Policy. It is the policy of the Seattle Regional Office to work closely with the U.S. Coast Guard in assuring a safe and healthful workplace for maritime workers. F. Guidelines. Due to the potential for overlap in vessel inspection coverage between OSHA and the U.S. Coast Guard, the following guidelines have been established to aid the area offices when safety and health inspections are conducted aboard towing vessels, fishing vessels, fish processing vessels, and barges: 1. Inspected Vessels - The Coast Guard in general has jurisdiction over inspected vessels. Coast Guard regulations define an inspected vessel as: a. Seagoing motor vessel of 300 gross tons and over. b. All steam powered vessels. c. Seagoing barges of 100 gross tons and over. d. All vessels transporting passengers. e. Mobile operated drilling vessels (MODV). f. Barges transporting petroleum products or hazardous cargo 2. Uninspected Vessels - Vessels other than those defined in F.1.a. through f. are considered uninspected. OSHA has jurisdiction for worker safety and health on these vessels. The Coast Guard does, however, also inspect uninspected vessels for the following (from 46 CFR Part C): a. Personal Floatation Devices (PFD) and other lifesaving equipment. i. An approved and readily available PFD is required to be on board the vessel for each individual on board. An exposure suit is considered to be an acceptable substitute for a PFD. Note: All lifesaving equipment designed to be worn is required to readily be available and in a serviceable
condition. ii. iii. iv. Each vessel 26 feet or longer must have at least one approved life ring buoy which is immediately available. An approved commercial hybrid PFD is acceptable if worn when the vessel is underway, the intended wearer is not within an enclosed space, labeled for use on uninspected commercial vessels, and it is used as marked and per the owner's manual. An approved light is required for all PFDs and exposure suits. Also, all PFDs must have approved retro-reflective material installed. b. Fire Extinguishing Equipment. i. Hand held and semi-portable fire extinguishing systems must be Type "B". ii. iii. iv. Portable fire extinguishers must have a plate listing the rated capacity (gallons, quarts, or pounds), name and address of the person/firm for whom approved, and the manufacturer's identification mark. Fire extinguishers must be inspected and weighed every six months. The minimum number of portable fire extinguishers required to be on board is one if the vessel is rated less than 50 tons; two if 50-100 tons; three if 100-500 tons; six if 500-1000 tons; and eight if over 1000 tons. v. Fixed fire extinguishing systems must be approved carbon dioxide type and must meet the requirements of 46 CFR Subchapter H. c. Backfire Flame Control. Every gasoline engine installed after April 25, 1940, except outboard motors, must be equipped with an acceptable means of backfire flame control. d. Ventilation of Tanks and Engine Spaces. Fuel tanks and engine spaces, using fuel having a flash point of 110 degrees fahrenheit or less must be provided with adequate ventilation to remove explosive or flammable gases from the fuel tank compartments or bilges. Owners of uninspected vessels may submit their vessel for voluntary Coast Guard examination. If these vessels are found in compliance with Coast Guard regulations, a decal is affixed to the vessel's windshield. If
found not in compliance, the decal is withheld and the vessel may be subject to boarding and enforcement action when underway OSHA and Coast Guard coverage of uninspected vessels is further described in the following section. 3. Specific Vessel Types a. Towing Vessels The Coast Guard regards tugboats and towing vessels as uninspected vessels with the exception of steam powered towing vessels and tugboats. Tugboats and towing vessels are subject to OSHA coverage except for the Coast Guard safety inspection of lifesaving equipment, fire protection devices, backfire arresters, and ventilation of engine bilges and fuel tank compartments. b. Barges - The U.S. Coast Guard inspects all seagoing barges for sea worthiness. They also inspect barges containing petroleum products or hazardous chemicals including the loading or unloading of these products. General cargo barges (non-seagoing) are not inspected by the Coast Guard and fall under OSHA's safety and health regulations. OSHA has jurisdiction for the activities occurring on, from, or to these barges (except for the abovementioned petroleum products/hazardous chemicals). OSHA also has jurisdiction over the following activities occurring from both inspected and uninspected barges: i. Longshoring operations in port, at dockside, or in open waters in the inland waterways. ii. iii. Marine construction. Barge repair or breaking. c. Permanently Moored Vessels: i. The Coast Guard does not consider a permanently moored vessel to be a vessel any longer, and relinquishes jurisdiction to OSHA. They are, under the Coast Guard definition, "substantially land structures" and are considered to be taken out of navigation. The requirements for a permanently moored vessel are: a. The vessel is securely and substantially moored. b. The mooring is so rigged that the "lines" cannot be inadvertently or accidentally cast off. It also would be unlikely that the vessel could break away from its mooring, and it cannot be moved without special effort (e.g., the use of tools).
c. There must be a permanent connection to the shore (i.e., power, water, sewer). d. A permanently moored vessel may be placed in navigation periodically, and keep its status as a permanently moored vessel (e.g., trip to shipyard for repair). e. A permanently moored vessel should have a certificate of permanent mooring issued by the Corps of Engineers. f. A permanently moored vessel is still subject to tidal influence. Otherwise, it would be considered a "grounded vessel." ii. OSHA has jurisdiction over all aspects of employee safety and health on board a permanently moored vessel. For inspection purposes, the industrial portions of permanently moored vessels should be treated like their land-side counterparts where 29 CFR 1910 or 29 CFR 1926 would be applied as appropriate. Any repair to the vessel, itself, which effects its integrity would be covered under 29 CFR 1915, e.g., bottom scraping and repainting, rebuilding through hull connections below the waterline. Material handling gear or equipment on a permanently moored vessel would be covered under 29 CFR 1917 only if it is used to load or unload another vessel which is still in navigation. d. Fishing and Fish Processing Vessels. i. OSHA is precluded under Section 4(b)(1) of the OSHA Act from enforcing OSHA regulations in areas regulated by other federal agencies. With the Coast Guard promulgation of 46 CFR Part 28, which became effective on September 15, 1991, the Coast Guard has expanded the scope of its coverage. OSHA is preempted with respect to those hazards or conditions covered by 46 CFR Part 28. Those areas which are not addressed by Coast Guard regulations remain under OSHA jurisdiction. This would cover both "fishermen" and "industrial employees." ii. The Coast Guard regulations for fishing and fish processing vessels (46 CFR Part 28) are applicable to fish processors up to 5,000 gross tons, fish tenders up to 500 gross tons, and all fishing vessels. Fish processors and fish tenders which exceed these limits are inspected vessels.
iii. Coast Guard requirements which apply to all commercial uninspected fishing vessels: a. Lifesaving equipment (general), life preservers, and other personal floatation devices (PFDs), survival craft equipment, lifesaving equipment markings/readiness/maintenance/stowage inspection. b. Distress signals. c. Emergency Position Indicating Radar Beacons. d. Fire detection and protection equipment. e. Portable fire extinguishers. f. Injury placard. iv. Additional Coast Guard requirements for commercial uninspected fishing/fish processing vessels with 16 or more individuals on board: a. Stability calculations and tests with copies of the results (vessels 79 feet or more in length). b. Firemen's outfits and SCBA. Each vessel with 49 or more individuals must have two such outfits. Each vessel that uses ammonia as a refrigerant must have two SCBAs, each with a spare bottle. c. Injury reporting, first aid kits and training. d. Immersion suits and necessary training in the donning and use of this equipment. e. Guards on exposed hazards (machine guarding). This includes factory processing equipment on fish processing vessels but does not include tools. f. Navigational information, compasses, anchors, and radar reflectors. g. General alarm system. h. Communication equipment. i. High water alarms, bilge pumps, piping and dewatering systems.
j. Electronic navigation position fixing equipment for vessels 79 feet or more in length. k. Emergency instruction, drills, and safety orientation. v. In addition to the aforementioned regulations, commercial uninspected fishing/fish processing vessels, which have had their keel laid or which undergo a major conversion completed on or after September 15, 1991, and that operate with more than 16 individuals on board, must comply with the following Coast Guard requirements: a. fire fighting equipment: pumps, mains, hydrants, hoses, fixed gas extinguishing systems, detection systems, galley hood protection equipment. b. Launching of survival craft, lifesaving and signaling equipment. c. Electrical standards for vessels less than 79 feet in length and general electrical requirements for other vessels. d. Main source electrical power. e. Electrical distribution system, over-current protection and switched circuits, wiring methods, and emergency sources of power. f. General structural fire protection g. Structural fire protection for vessels with more than 49 individuals on board. h. Means of escape. i. Embarkation stations. j. Radar and depth sounding devices. k. Hydraulic equipment. l. Deck rails, lifelines, storm rails, and hand grabs. m. Fuel systems. n. Ventilation of enclosed engine and fuel tank spaces.
o. Stability analysis and recorded data for vessels more than 79 feet in length. p. If the vessel is a fish processing vessel, then every two years the vessel is required to have special examination and carry a "certificate of compliance." vi. Areas where OSHA regulations remain enforceable on commercial fishing and fish processing vessels include: a. On board cranes and their maintenance and use. b. Powered vehicles on board. c. Cutting and welding permits, tests prior to work, and competent persons. d. Portions of the ammonia standard and refrigerants other than ammonia. e. Chlorine storage and use. f. Tools and portable equipment (this can include machine guarding on portable machinery). g. Reporting of illnesses, accidents, and fatalities. h. Recording of illnesses and injuries. i. Ropes; wire, manilla and synthetic. j. Chains, hooks and slings. k. Sources of ignition including smoking. l. Confined spaces, including testing of oxygen deficient or potentially oxygen deficient atmospheres. m. Warning signs and labeling of control switches. n. Maintenance: painting, lockout/tagout, unguarded holes in decks. o. Gas cylinders, use and compatibility. p. Relief valves on refrigerant piping. q. Vessel Access (gangways_ - except for ship's crew.
r. Elevators and dumbwaiters. s. Illumination of work areas and accommodation spaces. t. Steam hose use and fittings. u. Working around radars and other emission devices. v. Gas masks and canisters. w. Respiratory protection programs and respirator checks. x. Washing, bathing, toilet and clothes washing facilities, hospital spaces, mess rooms and kitchens. y. Noise. z. Personal protective equipment. aa. Materials and handling and storage. bb. Asbestos, chemical exposures, and health hazards. cc. Hazard communication. dd. Bloodborne pathogens. ee. Open-sided floors and platforms. ff. Stairs - except for ship's crew. gg. Longshoring activities conducted by processor employees or stevedoring company. hh. Process Safety Management if the vessel is carrying more than the threshold quantity of any of the toxic or hazardous chemicals including: 1. More than 10,000 pounds of ammonia. 2. More than 1,500 pounds of chlorine. In addition, OSHA may use the general duty clause in Section 5(a)(1) of the OSHA Act to address any other recognized hazard, involving employees of covered employers, for which no specific standard exists and which may cause serious harm or death. General duty clause violations must meet the requirements outlined in OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM). Electrical hazards, lockout/tagout (not related to ship repair activities), and repetitive motion
or lifting hazards are examples of conditions which may be addressed by application of the general duty clause. G. Procedures: Area Directors shall ensure that the following steps are taken prior to and during a safety and/or health inspection of a towing vessel, barge, fishing vessel, or fish processing vessel. 1. Programmed inspections aboard fish processing vessels will follow the Region X Local Emphasis Program. 2. Obtain, where possible, the vessel's name, official registration number, and home port of the vessel involved. The inspection site shall be recorded in the case file as the vessel's name. 3. The identification of the employer is often a difficult matter as the actual employer may be confused with the owner of the vessel. Compliance officers must take care in determining who the actual employer is. The review commission has considered the following factors important in determining the employer/employee relationship. a. Whom the employees consider to be their employer. b. Who pays the employees' wages. c. Who is responsible for controlling the employees' activities. d. Who has the power to fire the employees or to modify the employees' employment conditions. 4. Where practical during inspections of fishing vessels and fish processors, contact the nearest Marine Safety Office of the Coast Guard to obtain the vessel's gross tonnage. This information can be found in the reference maintained by these offices called, "Merchant Vessels of the United States," CG-408. This information is also available on the vessel documentation, which is required by the Coast Guard to be maintained on every vessel over 5 gross tons. 5. When possible, the Coast Guard will be advised in advance of OSHA inspections, and the Coast Guard may accompany compliance officers on inspections. Notification arrangements can be made by Area Directors with local Coast Guard stations as appropriate. Specific occupational hazards noted by compliance officers, which are addressed by Coast Guard regulations, shall be referred in writing to the Coast Guard. This applies regardless of whether or not the Coast Guard participated in the inspection. All other hazards will be documented and cited by OSHA. 6. If the towing vessel is over 300 gross tons displacement, verify the existence of a USCG Certificate of Inspection (which will indicate if it is a seagoing vessel). If no certificate exists and if the USCG verifies that the vessel is not USCG inspected, then a programmed inspection should be conducted. However, if the observed violations are covered by USCG
regulations, then no inspection activity will be recorded 7. If the vessel has been issued a Certificate of Inspection by the USCG, and if the pending OSHA inspection is the result of a formal complaint, then the complaint should be referred to the USCG for disposition. 8. Complaint, referral, fatality, or accident safety or health inspections aboard fishing or fish processing vessels, towing vessels and/or barges will be handled like any other such inspection 9. Complaints against fuel barges will be sent immediately to the Coast Guard. These inspections will only be conducted by OSHA if the USCG refers the matter back to OSHA for lack of standards relevant to the hazard covered 10. In situations where the individuals exposed to the hazard are members of the crew engaged in activities related to the safe navigation of the vessel or is a licensed merchant mariner, such individuals may be exempted from definition as an "employee." In situations where a question exists, the Regional Office of Federal and State Operations should be consulted before any violation is cited 11. Pursuant to the appropriations limitations, OSHA is currently precluded from conducting programmed safety inspections of work sites with ten or fewer employees in certain specific industries. These industries may change from year to year, based on their injury rates. Field personnel are reminded to review OSHA Instruction CPL 2.51 for applicable exemptions and limitations placed on OSHA activities by Congress in the current Appropriations Act funding the Department of Labor.