CFR 144A - Marine Terminals

In the July 25, 1997, Federal Register [62 FR 40141-40234], federal OSHA issued a final rule that revised the regulations for the Longshoring Standard (i.e., ship side cargo handling) - 29 CFR 1918 and those parallel sections of the Marine Terminals Standard (i.e., shore side cargo handling) - 29 CFR 1917. In the June 30, 2000, Federal Register [65 FR 40936-40951], federal OSHA issued technical amendments to the Marine Terminal, Longshoring and Gear Certification Standards.  From an OSHNC enforcement perspective, Longshoring and Gear Certification are outside of OSHNC jurisdiction and the Marine Terminal standard, 29 CFR 1917, is only applicable to public sector employees of local governments or of the State of North Carolina. The final rule was adopted verbatim in North Carolina by the Commissioner of Labor with an effective date of December 7, 2000.

In North Carolina, the OSH Division has authority to cite employers engaged in public sector marine terminal operations. The U.S. Coast Guard regulations do not preempt the OSH Division from citing these employers, however on inspected vessels, the OSH Division has no authority to cite the owner or operator of the vessel with respect to any working conditions of seamen (crew members), regardless of the work they are performing.

Also reference Field Operations Manual Chapter 18 - Maritime Inspection Procedures and CFR 144 - Longshoring and Marine Terminals. Additional resources and information can be found on the safety and health topic page for Materials Handling and Storage.