CFR 191 - Incorporation by Reference; Notice of Corrections

On October 4, 2021, the Occupational Safety and Health Administration (OSHA) published a final rule (Federal Register) making minor corrections to the Incorporation by Reference section in 29 CFR 1915.5 - Shipyard Employment - Incorporation by reference due to inadvertent mistakes in three final rules. The N.C. Commissioner of Labor adopted this rule with an effective date of September 1, 2022.

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 FOM Chapter 18 - Maritime Inspection Procedures. Additional resources and information can be found on the safety and health topic pages. To learn more about marine terminal operation, go to our webpage on "Does 29 CFR Part 1915 - Shipyard Employment Apply?".