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

On March 16, 1995, Federal OSHA issued corrections (Federal Register) to the final rule for Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment. The federal effective date for the corrections was March 16, 1995. The corrections are to 1915.12 - Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres to amend the heading to clarify the requirement that atmospheric testing be done in the order set forth in the standard. Additional amendments are being made to 1915.12(b) regarding atmospheres containing concentrations of flammable contaminants. Corrections are made to 1915.14, Hot Work, along with 1915.15(e) - Maintenance of safe conditions regarding visual inspection as part of the competent person test. Typographical corrections are made to 1915.12(d)(3)(ii) and (e)(1)(iii). These corrections to the final rule at 29 CFR 1915 are adopted verbatim in North Carolina by the Commissioner of Labor with an effective date of May 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 130 - 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.