CFR 130 - Confined and Enclosed Spaces for Shipyard Employment; Final Rule

On July 25, 1994, Federal OSHA promulgated a revision to the occupational safety and health standard for Shipyard Employment (Federal Register). The previous Subpart B of Part 1915 set out requirements for work in explosive and other dangerous atmospheres within vessels and vessel sections. The new federal standard, Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment - Subpart B of 1915 and the revised definition of competent person under 1915.7 of Subpart A, became effective October 24, 1994. This final rule at 29 CFR 1915.7 - Competent person and Subpart B of 1915 was adopted verbatim in North Carolina by the Commissioner of Labor with an effective date of January 1, 1995.

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 Field Operations Manual Chapter 18 - Maritime Inspection Procedures as it provides compliance guidance and reference documents specific to maritime inspections conducted by the OSH Division and CFR 130A - Confined and Enclosed Spaces for Shipyard Employment; Final Rule. Additional resources and information can be found on the safety and health topic page for Confined Spaces. To identify whether this applies, go to Does "Subpart B - Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment" Apply to You?.