CFR 121D - Updating National Consensus Standards for Shipyard Employment
When the federal OSHA standards for Fire Protection for Shipyard Employment were promulgated on September 14, 2004, it incorporated nineteen National Fire Protection Association (NFPA) standards by reference (Federal Register). Eleven of these standards in Subpart P (Fire Protection in Shipyard Employment) have been updated since the original proposed rule was issued.
On October 17, 2006, federal OSHA issued a direct final rule to update National Consensus standards in OSHA’s standards for fire protection in shipyard employment to reflect the updated NFPA standards. No adverse comments were received by the date specified in the direct final rule therefore the direct final rule became a final rule with a federal effective date of January 16, 2007. The N.C. Commissioner of Labor adopted this final rule verbatim with an effective date of May 2, 2007. The shipyard standards only apply to the public sector employees in North Carolina. (See 13 NCAC 7F.0501).
In North Carolina, the OSH Division has authority over public sector shipyard employment activities on inspected vessels if the work is performed by public sector shipyard employees (non-crew members). The U.S. Coast Guard regulates working conditions for seamen (crew members) on inspected vessels while Federal OSHA has authority to cite private sector shipyard employment activities on inspected vessels if the work is performed by shipyard employees (non-crew members).
On uninspected vessels, the OSH Division has authority to cite public sector shipyard employers for all working conditions. The OSH Division can also cite the owners or operators of uninspected vessels for violations involving shipbuilding, shipbreaking, and ship repair operations regardless of whether the work is performed by seamen (crew members) or by non-crew members unless the hazards are covered by U.S. Coast Guard regulations.
Also reference CFR 121B - Occupational Safety and Health Standards for Shipyard Employment 29 CFR 1915, CFR 121C - Occupational Safety and Health Standards for Shipyard Employment 29 CFR 1915; 29 CFR 1915.501-.509, CFR 121E - Occupational Safety and Health Standards for Shipyard Employment 29 CFR 1915; General Working Conditions in Shipyards, FOM Chapter 18 - Maritime Inspection Procedures and CFR 121F - General Working Conditions in Shipyards 29 CFR Parts 1910. Additional information and resources can be found on the safety and health topics page for Fire Brigades and Fire Prevention Plans.