Does "Maritime" Apply to You?
Are your employees working in shipyard employment? If yes, then the maritime (shipyard employment) standard, applies to you. This North Carolina state-specific standard states that "The provisions of shipyard employment shall apply only to public sector employees of local governments or of the State of North Carolina."
- 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 (vessels inspected and certificated by the U.S. Coast Guard) 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.
Are your employees working at marine terminals? If yes, then maritime (marine terminals) applies to you. This North Carolina state-specific standard states that "The provisions of marine terminals shall apply only to public sector employees of local governments or of the State of North Carolina."
- 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.
To identify the maritime standards that apply to your workplace, go to the Which OSHA Standards Apply webpage. More information related to maritime enforcement procedures can be found in the North Carolina Field Operations Manual Chapter 18, Maritime Inspection Procedures. Note: The OSH Division does not have enforcement jurisdiction for the longshoring standards.