[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Rules and Regulations]
[Pages 40142-40234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19381]


      

[[Page 40141]]

_______________________________________________________________________

Part II





Department of Labor





_______________________________________________________________________



Occupational Safety and Health Administration



_______________________________________________________________________



29 CFR Part 1910, et al.



Longshoring and Marine Terminals; Final Rule

  Federal Register / Vol. 62, No. 143 / Friday, July 25, 1997 / Rules 
and Regulations  

[[Page 40142]]



DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1917, and 1918

[Docket No. S-025]
RIN 1218-AA56


Longshoring and Marine Terminals

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
revising its Safety and Health Regulations for Longshoring and those 
parallel sections of its Marine Terminals Standard. These rules address 
cargo handling and related activities conducted aboard vessels (the 
Longshoring Standard) and landside operations at marine terminals (the 
Marine Terminals Standard). The comprehensive revisions to the 
Longshoring Standard essentially rewrite that standard for the first 
time since it was adopted in 1971 under Section 6(a) of the 
Occupational Safety and Health Act, while the amendments being made to 
the Marine Terminals Standard will provide consistency with the 
language of the new Longshoring Standard. The changes that OSHA is 
making to both standards are part of OSHA's continuing efforts to 
reinvent its workplace regulations to keep them current with evolving 
work practices and to reduce inconsistencies in regulatory 
requirements. Although the longshoring and marine terminal rules are 
``vertical'' standards that apply only to longshoring and marine 
terminal activities, OSHA has also made minor changes to some of the 
general industry provisions referenced within these rules. These 
changes, which are non-substantive, have been made to conform the 
general industry requirements to the terminology used in the marine 
cargo-handling environment.
    This final document contains requirements for the testing and 
certification of specific types of cargo lifting appliances and 
associated auxiliary gear and other cargo handling equipment such as 
conveyors and industrial trucks; access to vessels; entry into 
hazardous atmospheres; working surfaces; and use of personal protective 
equipment. Additionally, OSHA addresses specialized longshoring 
operations such as containerized cargo, logging, and roll-on/roll-off 
(Ro-Ro) operations.
    The principal hazards this rule addresses are injuries and 
fatalities associated with cargo lifting gear, transfer of vehicular 
cargo, manual cargo handling, and exposure to hazardous atmospheres. 
OSHA also addresses those hazards posed by more modern and 
sophisticated cargo handling methods, such as intermodalism.

DATES: Effective Dates: This rule becomes effective on January 21, 
1998. The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 21, 1998.
    Compliance: Start-up dates for specific provisions are set in 
Secs. 1917.43(f)(3), 1917.71(f)(4), 1918.11(a) (1) and (2), 1918.24(d), 
(f)(1), and (g), 1918.62 (h)(5)(ii), 1918.65(d)(4) and (g), 
1918.85(j)(1)(1) and (ii), 1918.86(g), and 1918.98(b)(1). However, 
affected parties do not have to comply with the information collection 
requirements in Sec. 1917.25 (g) warranty of fumigated tobacco, 
Sec. 1917.26(d)(7) labelling of stretcher closets, Sec. 1917.50(i)(2) 
labelling of cargo handling gear, Sec. 1917.71(f)(4) marking of 
trailers, Sec. 1918.22(g) labelling gangway hazards, Sec. 1918.74(i)(1) 
tagging ladders, Sec. 1918.61(b)(2) labelling gear, Sec. 1918.86(g) 
labelling trailers, and Sec. 1918.94(b)(3) maintenance of air sampling 
results, until the Department of Labor publishes in the Federal 
Register the control numbers assigned by the Office of Management and 
Budget (OMB). Publication of the control numbers notifies the public 
that OMB has approved these information collection requirements under 
the Paperwork Reduction Act of 1995.
    Comments: Interested parties may submit comments on the information 
collection requirements for this standard until September 23, 1997.

ADDRESSES: In compliance with 28 U.S.C. 2112(a), the Agency designates 
the Associate Solicitor for Occupational Safety and Health, Office of 
the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution 
Ave., N.W., Washington, D.C. 20210, as the recipient of petitions for 
review of the standard.
    Comments on the paperwork requirements of this final rule are to be 
submitted to the Docket Office, Docket No. ICR97-3, U.S. Department of 
Labor, Room N-2625, 200 Constitution Ave., N.W., Washington, D.C. 
20210, telephone (202) 219-7894. Written comments limited to 10 pages 
or less in length may also be transmitted by facsimile to (202) 219-
5046.
    Copies of the referenced information collection request are 
available for inspection and copying in the Docket Office and will be 
mailed immediately to persons who request copies by telephoning Vivian 
Allen at (202) 219-8076. For electronic copies of the final Longshoring 
and Marine Terminals Standards and Information Collection Request, 
contact OSHA's WebPage on Internet at http://www.osha.gov/ under 
Standards.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Liberatore, Director of the 
Office of Maritime Safety Standards, or Paul Rossi, Project Officer, 
Office of Maritime Safety Standards, Occupational Safety and Health 
Administration, Room N-3609, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Washington, D.C. 20210, (202) 219-7234.

SUPPLEMENTARY INFORMATION: The principal author of this final rule is 
Paul Rossi, Directorate of Safety Standards Programs, with editorial 
assistance from Joseph Daddura, Michael B. Moore and Odet Shaw of the 
Directorate of Safety Standards Programs and Paul Bolon of the 
Directorate of Policy; the economic analysis was developed by Paul 
Bolon and Clarinda Giddings of the Directorate of Policy; and James 
Estep of the Office of the Solicitor provided legal assistance.

General

    The preamble to the final rule on the Longshoring and Marine 
Terminals Standards discusses the events leading to the final rule, the 
Summary of the Final Economic Analysis and Regulatory Flexibility 
Analysis, and the rationale behind the specific provisions set forth in 
the final Standard. The discussion follows this outline:

I. Background
II. Pertinent Legal Authority
III. Review of General Industry Standards for Applicability to 
Longshoring Operations
IV. Summary and Explanation of the Final Rule
V. Other Issues
VI. Summary of the Final Economic Analysis and Regulatory 
Flexibility Analysis
VII. Environmental Impact
VIII. Recordkeeping and Paperwork Requirements
IX. State Plan Requirements
X. Federalism
XI. Unfunded Mandates

I. Background

    Because of the high number and serious nature of accidents 
occurring to port employees in the United States, Congress, in 1958, 
amended the Longshore and Harbor Workers' Compensation Act (LHWCA) (33 
U.S.C. 901 et seq.) to provide a large segment of port-based employees 
with a safer work environment. The amendments (Pub. L. 85-742, 72 Stat. 
835)

[[Page 40143]]

significantly strengthened section 41 of the LHWCA (33 U.S.C. 941) by 
requiring employers covered by that Act to ``furnish, maintain and 
use'' equipment, and to establish safe working conditions, in 
accordance with regulations promulgated by the Secretary of Labor. Two 
years later, in 1960, the Labor Standards Bureau (LSB) of the 
Department of Labor issued the first set of safety and health 
regulations for longshoring activities as 29 CFR part 9 (25 FR 1565). 
LSB amended these standards several times between 1960 and 1971. Since 
1971, there have been no substantive changes to these provisions.
    The Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 
650 et seq.), which established the Occupational Safety and Health 
Administration (OSHA), granted the Secretary of Labor the authority for 
two years to adopt, under section 6(a) of the Act, ``any established 
Federal standard'' as an OSHA standard. OSHA adopted the Longshoring 
Standard, then codified as 29 CFR part 1504, under section 6(a) in 
1971, and recodified the standard as 29 CFR part 1918.
    The longshoring industry has changed dramatically since 1971. The 
methods of cargo handling and the equipment associated with those 
methods have undergone significant modification. Vessels designed 
specifically for the carriage of intermodal containers, vehicular 
rolling stock, and even barges, are now the most common types of ships 
calling at U.S. ports. By contrast, the existing Longshoring Standard 
was designed largely for activities using methods and equipment that 
have since been overshadowed or replaced by more modern methods of 
cargo handling. The final rule will modernize OSHA's regulatory 
approach to deal with these changes in the industry. However, because 
some older, more conventional vessel types, equipped with features and 
aspects addressed in the existing standard, continue to call at U.S. 
ports, the Agency will retain in this final rule several provisions 
whose utility, although diminished, continues on a more limited scale.
    On July 5, 1983, OSHA published its final rule for Marine Terminals 
(48 FR 30886) (Ex. 1-101). OSHA issued the Marine Terminals rule to 
address the shoreside segment of marine cargo handling operations. 
Since the Marine Terminals Standard currently addresses equipment and 
situations (i.e., powered industrial trucks, conveyors, passage between 
levels and across openings, etc.) that have shipboard counterparts, 
appropriate provisions from the Marine Terminals Standard were 
incorporated into this rulemaking for shipboard cargo handling as well. 
Accordingly, the Agency relied upon background material and data used 
to support OSHA's Marine Terminals Standard and incorporated the docket 
(Docket No. S-506) developed in that rulemaking into the record of this 
rulemaking.
    OSHA published a Notice of Proposed Rulemaking (NPRM) for 
Longshoring and Marine Terminals on June 2, 1994 (59 FR 28594). As part 
of the NPRM, OSHA announced three public hearings to be held in 
Charleston, SC on September 20, 1994; Seattle, WA on October 19, 1994; 
and in New Orleans, LA on November 15, 1994. Later, OSHA published a 
notice of correction changing the dates of the hearings and announcing 
the specific hearing sites. Hearings were held October 4-6, 1994 in 
Charleston, SC; October 19-21, 1994 in Seattle, WA; and November 15-17, 
1994 in New Orleans, LA. Administrative Law Judge Stuart A. Levin 
presided at the hearings. After receipt of all evidence and testimony, 
the record was closed on May 15, 1995.
    This final rule will provide continuity for the cargo handling 
industry because it addresses both the more conventional and time-
proven methods of cargo handling and more modern and innovative 
approaches. In keeping with OSHA's commitment to clarity, flexibility, 
and in order to encourage employers to comply with these standards, 
OSHA has adopted the performance approach except in those cases in 
which employee safety would be enhanced by more specific requirements.

Longshoring Hazards

    Traditionally, the longshore industry, which is classified within 
Standard Industrial Classification (SIC) 449, has been notable in terms 
of its accident experience. The work environment found in marine cargo 
handling exposes employees to a greater risk of injury than is true for 
most other industries. In fact, in 1993, the last calendar year for 
which full tables of industrial illnesses and accidents are currently 
available, this industrial sector had one of the highest rates of lost 
workdays in the nation. The following data, shown in Table A below, 
came from Bureau of Labor Statistics reports (Exs. 1-109, 1-110, 1-111, 
1-112, 1-113, 1-154, and 1-155), and are useful in making a comparative 
assessment:

                                    Table A--Rate of Total Lost Workday Cases                                   
----------------------------------------------------------------------------------------------------------------
    Total lost workday cases (rate per 100 full time employees)        1989     1990     1991     1992     1993 
----------------------------------------------------------------------------------------------------------------
Private sector overall.............................................      4.0      4.1      3.9      3.9      3.8
Construction.......................................................      6.8      6.7      6.1      5.8      5.5
SIC 449............................................................      9.1      7.8      8.5      6.1      7.1
----------------------------------------------------------------------------------------------------------------

    Thus, serious job-related injuries have continued to occur in the 
marine cargo handling industry at an unacceptably high rate. Based on 
this historical injury data, OSHA concludes that regulatory action is 
necessary to meet its mandate under the Act. The standards being 
published today, which were developed by OSHA with substantial input 
from labor and industry representatives from the marine cargo handling 
industry, have been developed specifically to address the principal 
causes of these illnesses, injuries, and fatalities.

II. Pertinent Legal Authority

    The purpose of the Occupational Safety and Health Act, 29 U.S.C. 
651 et seq. (``the Act'') is to ``assure so far as possible every 
working man and woman in the nation safe and healthful working 
conditions and to preserve our human resources'' (29 U.S.C. 651(b)). To 
achieve this goal, Congress authorized the Secretary of Labor to 
promulgate and enforce occupational safety and health standards. (See 
29 U.S.C. 655(a) (authorizing summary adoption of existing consensus 
and federal standards within two years of the Act's enactment), 655(b) 
(authorizing promulgation of standards pursuant to notice and comment), 
654(b) (requiring employers to comply with OSHA standards).)
    A safety or health standard is a standard ``which requires 
conditions, or the adoption or use of one or more practices, means, 
methods, operations, or processes, reasonably necessary or appropriate 
to provide safe or healthful employment or places of employment.'' 29 
U.S.C. 652(8).

[[Page 40144]]

    A standard is reasonably necessary or appropriate within the 
meaning of section 652(8) if it substantially reduces or eliminates 
significant risk, and is economically feasible, technologically 
feasible, cost effective, consistent with prior Agency action or 
supported by a reasoned justification for departing from prior Agency 
actions, supported by substantial evidence, and is better able to 
effectuate the Act's purposes than any national consensus standard it 
supersedes. See 58 FR 16612-16616 (March 30, 1993).
    The Supreme Court has noted that a reasonable person would consider 
a fatality risk of 1/1000 to be a significant risk, and would consider 
a risk of one in one billion to be insignificant. Industrial Union 
Department v. American Petroleum Institute, 448 U.S. 607, 646 (1980) 
(the ``Benzene decision''). So a risk of 1/1000 (10-3) 
represents the uppermost end of a million-fold range suggested by the 
Supreme Court, somewhere below which the boundary of acceptable versus 
unacceptable risk must fall. The Court further stated that ``while the 
Agency must support its findings that a certain level of risk exists 
with substantial evidence, we recognize that its determination that a 
particular level of risk is significant will be based largely on policy 
considerations.'' See, e.g. International Union, UAW v. Pendergrass, 
878 F.2d 389 (D.C. Cir. 1989) (formaldehyde standard); Building and 
Constr. Trades Department, AFL-CIO v. Brock, 838 F.2d 1258, 1265 (D.C. 
Cir. 1988) (asbestos standard).
    A standard is technologically feasible if the protective measures 
it requires already exist, can be brought into existence with available 
technology, or can be created with technology that can reasonably be 
expected to be developed. American Textile Mfrs. Institute v. OSHA 452 
U.S. 490, 513 (1981) (``ATMI''), American Iron and Steel Institute v. 
OSHA, 939 F.2d 975, 980 (D.C. Cir 1991) (''AISI'').
    A standard is economically feasible if industry can absorb or pass 
on the cost of compliance without threatening its long term 
profitability or competitive structure. See ATMI, 452 U.S. at 530 n. 
55; AISI, 939 F.2d at 980.
    A standard is cost effective if the protective measures it requires 
are the least costly of the available alternatives that achieve the 
same level of protection. ATMI, 453 U.S. at 514 n. 32; International 
Union, UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994) (``LOTO III'').
    All standards must be highly protective. See 58 FR 16614-16615; 
LOTO III, 37 F.3d at 668. However, health standards must also meet the 
``feasibility mandate'' of section 6(b)(5) of the Act, 29 U.S.C. 
655(b)(5). Section 6(b)(5) requires OSHA to select ``the most 
protective standard consistent with feasibility'' that is needed to 
reduce significant risk when regulating health hazards. ATMI, 452 U.S. 
at 509.
    Section 6(b)(5) also directs OSHA to base health standards on ``the 
best available evidence,'' including research, demonstrations, and 
experiments (29 U.S.C. 655(b)(5)). OSHA shall consider ``in addition to 
the attainment of the highest degree of health and safety protection * 
* * the latest scientific data * * * feasibility and experience gained 
under this and other health and safety laws.'' Id.
    Section 6(b)(7) of the Act authorizes OSHA to include among a 
standard's requirements labeling, monitoring, medical testing and other 
information gathering and transmittal provisions (29 U.S.C. 655(b)(7)).

III. Review of General Industry Standards for Applicability to 
Longshoring Operations

    Among the work environments OSHA regulates, the marine cargo 
handling industry ranks high in terms of the number of hazards that are 
not adequately addressed by OSHA's general industry regulations (29 CFR 
part 1910). Longshoring is essentially a transport industry and, as 
such, is free from some of the hazards found in general industry such 
as those associated with woodworking machinery, spray painting, power 
presses, and so on. On the other hand, many hazards that are common in 
longshoring, such as those posed by falling loads and working on the 
top of intermodal containers, are less common in other types of 
workplaces.
    The Longshoring Standards (part 1918) were designed to deal with 
these and other unique hazards encountered in marine cargo handling. 
Where the standards in part 1918 did not provide coverage of hazards 
encountered in longshoring they were supplemented by the applicable 
General Industry Standards. This final rule updates and revises OSHA's 
existing Longshoring Standard (29 CFR part 1918) but continues to rely 
on OSHA's General Industry Standards (29 CFR part 1910) to address a 
number of hazards and operations that are not unique to longshoring. 
The applicable standards from part 1910 are cross-referenced in the 
final rule. Examples of such provisions are the toxic and hazardous 
substances requirements from subpart Z of 29 CFR part 1910 (with an 
exception for intact or sealed cargo and the Bloodborne Pathogens 
Standard), and 29 CFR part 1910 subpart T, which addresses commercial 
diving operations. In other instances, such as when addressing 
container and roll-on roll-off (Ro-Ro) operations, OSHA has developed 
new regulatory language specifically to address the hazards posed by 
these specialized operational aspects of modern stevedoring. This 
approach is similar to the one followed by OSHA in developing its 
Marine Terminals Standard (part 1917) for shoreside cargo handling 
promulgated in 1983.
    In many situations, shipside cargo handling (i.e. longshoring) 
hazards are directly parallel to those encountered in shoreside cargo 
handling (i.e. marine terminals), such as hazards requiring the use of 
personal protective equipment and risks associated with the handling of 
intermodal containers. One of the goals of this rulemaking effort has 
been to provide consistent coverage of these hazards, regardless of 
whether the cargo handling is shipside or shoreside. Accordingly, in 
drafting its revised provisions for longshoring (part 1918), OSHA 
incorporated similar language into the Marine Terminals Standard (part 
1917).

IV. Summary and Explanation of the Final Rule

    This section discusses the important elements of the final 
standard, explains the purpose of the individual requirements, and 
explains differences between the final rule, the proposed rule, and 
existing standard. Issues raised in the public hearings and in written 
comments to the standard's docket are presented and summarized. The 
Agency also presents its discussion of the issues and its reasoning for 
specific determinations. References in parentheses are to exhibits and 
transcript \1\ pages in the rulemaking record.
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    \1\ CH--Transcript of the hearings held in Charleston, SC, 
October 4, 5, 6, 1994.
    SEA--Transcript of the hearings held in Seattle, WA, October 19, 
20, 21, 1994.
    NO--Transcript of the hearings held in New Orleans, LA, November 
15, 16, 17, 1994.
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    In developing the final rule the Agency actively worked with the 
marine cargo handling industry to build a consensus among labor and 
management with OSHA. This was possible because the marine cargo 
handling industry is relatively small and well-defined. In addition, a 
high percentage of employees are represented by labor unions. Employers 
are also well-organized into employer groups at each port and in each 
of the four major port regions of the country--East Coast,

[[Page 40145]]

West Coast, Gulf Coast, and Great Lakes and Inland Waterways. Drafts of 
the 1994 proposal were circulated to key stakeholders, and many issues 
were resolved before the proposed rule was published. As a result, 
there was considerable support for the proposed regulation.
    General comments of support such as ``supports OSHA efforts to 
promote workplace safety'' or ``strongly supports revision'' were 
expressed by several commenters (Exs. 19, 6-20, 6-21, 6-35, and 6-44). 
Many commenters submitted statements to the effect that they 
``wholeheartedly endorse'' the comments submitted by the National 
Maritime Safety Association (NMSA) in Ex. 8-20. These commenters, who 
wished to go on record as concurring with the views expressed by the 
NMSA in Ex. 8-20 are represented by Exs. 6-6, 6-7, 6-8, 6-9, 6-11, 6-
12, 6-13, 6-14, 6-15, 6-16, 6-17, 6-27, 6-32, 6-34, 6-35, 6-36, 6-39, 
6-40, and 6-43. Another group of commenters submitted statements to the 
effect that they concurred with the Pacific Maritime Association's 
(PMA's) written comments, which were submitted as Ex. 8-8. These 
commenters are represented by Exs. 6-7, 6-27, 6-32, 6-34, 6-40, and 6-
43. Accordingly, throughout this preamble, whenever reference is made 
to ``Ex. NMSA et al.'', the citation reflects the written comments 
received from NMSA and those commenters listed above that supported 
NMSA. The same applies to exhibit ``Ex. PMA et al.'' which refers to 
PMA's comments and those of the commenters that supported the PMA. This 
condensed referencing technique streamlines the document.

A. 29 CFR Part 1910--General Industry

    In the proposal (59 FR 28594 et seq.), OSHA proposed a number of 
editorial changes to several provisions of part 1910 (the General 
Industry Standards being incorporated by reference into the Longshoring 
Standard) to make the application of the General Industry Standards to 
the Longshoring and Marine Terminals Standards clearer. OSHA received 
no substantive comments on the proposed editorial changes to the 
General Industry Standards. Accordingly, these editorial revisions have 
been made in the final rule.
    Paragraphs (a) and (b) of Sec. 1910.16, Longshoring and Marine 
Terminals, have been updated and revised editorially. The definition of 
a ``marine terminal'' (Sec. 1910.16(b)(4)) has been amended to be 
consistent with the revised definition in Sec. 1917.2(u). The Marine 
Terminals Standard preamble, which follows, has a detailed explanation 
of this definitional change.

B. 29 CFR Part 1917--Safety and Health Regulations for Marine Terminals

    1. Non-substantive changes. In the proposal, OSHA proposed numerous 
revisions to provisions in OSHA's existing Marine Terminals Standard 
(29 CFR part 1917) that were considered non-substantive. These changes 
were widely supported by commenters. For the purposes of this final 
regulation, OSHA has divided these changes into two categories: 
correction of typographical errors \2\ and changing the phrase ``shall 
be available at the terminal'' to ``shall be made available for 
inspection''.\3\ The paragraphs affected by each type of change are 
identified in the appropriate footnote below.
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    \2\ Sections 1917.13(g); .17(i), (j), (k); .20; .23(b)(1), (d); 
.27(a)(2); .42(d)(2), (h)(4), (j)(1); .44(a), (i), (o)(3)(i); .45, 
(f)(4)(iii), (f)(5)(i), (f)(7), (f)(13)(ii), (i)(5), (j)(1)(iii)(D); 
.48(d)(2); .71(c); .112(a)(1); .118(d)(2)(i), (f)(2); .119(b)(1), 
(d)(2), (f)(4); .121(b)(3); .156(b)(3)(iii)(D); .157(n).
    \3\ Sections 1917.24(d), 1917.25.(c), 1917.42(b)(4), 
1917.42(c)(1), 1917.42(d)(1), 1917.42(h)(4), and 1917.42(h)(5).
---------------------------------------------------------------------------

    OSHA had proposed deleting the introductory phrase ``the employer 
shall ensure'' from various requirements to correct technical drafting 
amendments from the final Marine Terminals Standard published on July 
5,1983 (48 FR 30886). These paragraphs included: Secs. 1917.18(a), 
1917.43(e)(1)(i), 1917.44(o)(3)(ii), 1917.44(o)(4), 1917.126(b), 
1917.152(f)(1), 1917.152(f)(2), and 1917.152(f)(3)(iv).
    However, after the June 2, 1994, publication of the Longshore and 
Marine Terminals proposal, OSHA compliance staff reported that deletion 
of this phrase in other standards actions (e.g. 61 FR 19547) had caused 
difficulty in connection with the employer's obligation to have 
employees wear personal protective equipment (PPE). Therefore, OSHA is 
retaining this language in the current part 1917 paragraphs noted 
above. For the sake of clarity and consistency, the word ``required'' 
(which is used extensively in parts 1917 and 1918) and the word 
``ensure'' shall be synonymous for compliance purposes.
    In keeping with the Agency's efforts to develop regulatory language 
that is more ``user-friendly'' and easier to follow, the references to 
part 1910 (OSHA's General Industry Standards) in Sec. 1917.1(a) have 
been renumbered and placed in alphabetical order.
    2. Substantive changes made in both parts 1917 and 1918. OSHA 
proposed substantive, identical changes to OSHA's existing part 1917 
(the Marine Terminals Standard) and part 1918 (the Longshoring 
Standard) to provide consistency between them. The rationale for these 
changes to part 1917 can be found in Section IV of this preamble, 
Summary and Explanation of the Final Rule, at the respective part 1918 
section discussion. The following table (Table B, Parallel Changes in 
parts 1917 and 1918) lists the sections or paragraphs changed in part 
1917, along with the sections or paragraphs in part 1918 in which 
parallel changes were made:

             Table B--Parallel Changes in Parts 1917 & 1918             
------------------------------------------------------------------------
                                                Part 1918  sections/    
      Part 1917  sections/paragraphs                 paragraphs         
------------------------------------------------------------------------
Sec.  1917.22 (hazardous cargo)...........  Sec.  1918.89               
Sec.  1917.24(a) (carbon monoxide)........  Sec.  1918.94(a)(1)(ii)     
Sec.  1917.25(a) (fumigants)..............  Sec.  1918.94(d)            
Sec.  1917.26(c) (first aid)..............  Sec.  1918.97(c)            
Sec.  1917.26(d) (stretchers).............  Sec.  1918.97(d)            
Sec.  1917.27(a)(2) (personnel)...........  Sec.  1918.98(a)(2)         
Sec.  1917.30 (emergency response)........  Sec.  1918.99               
Sec.  1917.42(g)(2)(vi) (slings criteria).  Sec.  1918.62(g)(2)(vi)     
Sec.  1917.45(f)(5) (crane glass).........  Sec.  1918.55(b)(1)         
Sec.  1917.45(j)(2) (cranes)..............  Sec.  1918.66(c)(2)         
Sec.  1917.45(j)(9) (riding the load).....  Sec.  1918.85(h)            
Sec.  1917.50(c)(5) (special gear)........  Sec.  1918.61(f)            
Sec.  1917.51 (hand tools)................  Sec.  1918.69               
Sec.  1917.71(f) (vertical lifts-           Sec.  1918.85(f)(1)(i)      
 containers).                                                           
Sec.  1917.71(b)(6) (autos in containers).  Sec.  1918.85(b)(6)         
Sec.  1917.73(a)(2) (menhaden)............  Sec.  1918.94(f)(4)         
Sec.  1917.91(a)(1) (eye protection)......  Sec.  1918.101(a)(1)        
Sec.  1917.93(b) (head protection)........  Sec.  1918.103(b)           
Sec.  1917.94(b) (foot protection)........  Sec.  1918.104(b)           
Sec.  1917.95(b)(2) (PFDs)................  Sec.  1918.105(b)(2)        
Sec.  1917.124(c)(5),(6) (dockboards).....  Sec.  1918.25(a)(4)         
Sec.  1917.124(d)(1),(5) (ramps)..........  Sec.  1918.25(b)(5)         
Sec.  1917.127(a)(1) (sanitation).........  Sec.  1918.95(a)(1)         
Sec.  1917.151 (machine guarding).........  Sec.  1918.96(e)            
------------------------------------------------------------------------

    3. Substantive changes only in part 1917. OSHA also has made 
several substantive changes to the Marine Terminals Standard that have 
no

[[Page 40146]]

parallel in the Longshoring Standard. These changes are discussed in 
the following paragraphs. In final subpart A, Scope and Definitions of 
the Marine Terminals Standard, SHA has updated and clarified the scope, 
applicability, and definitions sections of the Marine Terminals 
Standard. The Marine Terminals Standard (part 1917) covers all 
shoreside activities taking place within a marine terminal (48 FR 
30891) except those that are specifically exempted in 
Secs. 1917.1(a)(1) and 1917.2(u). It is OSHA's intent that the marine 
cargo handling standards (part 1917 for shoreside and part 1918 for 
shipboard) apply to all functions that are associated with the movement 
of cargo. However, the current marine terminal definition 
(Sec. 1917.2(u)) includes a geographical as well as functional test to 
be applied when determining when the Marine Terminals Standard, rather 
than the General Industry Standards applies. Section 1917.1(a), 
entitled ``Scope and applicability,'' is worded as follows in OSHA's 
existing Marine Terminals Standard:

The regulations of this part apply to employment within a marine 
terminal as defined in Sec. 1917.2(u), including the loading, 
unloading, movement or other handling of cargo, ship's stores or 
gear within a marine terminal or into or out of any land carrier, 
holding or consolidation area, or any other activity within and 
associated with the overall operation and functions of the terminal, 
such as the use and routine maintenance of facilities and equipment. 
(Emphasis added)

    The definition of ``marine terminal'' in the existing standard is 
as follows:

``Marine terminal'' means wharves, bulkheads, quays, piers, docks 
and other berthing locations and adjacent storage or contiguous 
areas and structures associated with the primary movements of cargo 
or materials from vessel to shore or shore to vessel including 
structures that are devoted to receiving, handling, holding, 
consolidation and loading or delivery of waterborne shipments or 
passengers, including areas devoted to the maintenance of the 
terminal or equipment. The term does not include production or 
manufacturing areas having their own docking facilities and located 
at a marine terminal nor does the term include storage facilities 
directly associated with those production or manufacturing areas. 
(Emphasis added)

    OSHA received comments to the effect that the relationship of the 
work being performed to cargo handling operations should determine 
whether an activity is included within the scope of the Marine 
Terminals Standard, not the location where the work is being performed. 
For example, the National Maritime Safety Association (NMSA) stated,

Additional language should be added to allow gear and maintenance 
shops located off-terminal to fall under the scope of 1917. Even 
though the same workers perform the same job tasks in both shop 
locations, the off-terminal shops must [currently] comply with the 
rules found in 1910. In many cases, the local Port Authority will 
not allow shops to be located on their terminal so the Stevedore or 
Marine Terminal operator has no choice but to locate off-terminal. 
As long as work performed in off-terminal shops is the same as work 
performed in shops located on-terminal and is primarily in support 
of Longshoring or Marine Terminal operations, the same rules should 
apply to both locations. (Ex. 8-20)

    OSHA finds merit in this recommendation, and no views to the 
contrary were presented. There is no geographical limitation to 
maritime jurisdiction on shore other than the limitation of the Act 
itself, and it is not OSHA's intent to impose an artificial geographic 
boundary through the standards-setting process. The controlling test 
should be whether the operation is associated with the primary movement 
of cargo. If maintenance of terminal equipment is performed within the 
limitations of OSHA's marine cargo handling rules, then part 1917 
applies regardless of where the ``terminal'' gate exists. In the final 
standard, OSHA has therefore relaxed the language suggesting a strict 
geographical test. In Sec. 1917.1(a) of the final rule, the first 
sentence of the term ``marine terminal'' is changed to read: ``Marine 
Terminal means wharves, bulkheads, quays, piers, docks and other 
berthing locations and adjacent storage or adjacent areas and 
structures associated with the primary movement of cargo or materials 
from vessel to shore or shore to vessel including structures which are 
devoted to receiving, handling, holding, consolidation and loading or 
delivery of waterborne shipments or passengers, including areas devoted 
to the maintenance of the terminal or equipment * * *''. In addition, 
for purposes of clarity, the phrase, ``having their own docking 
facilities and located at a marine terminal,'' is deleted in the final 
rule. This deletion does not change the intended effect of this 
definition.
    Another marine terminal-related scope issue was previously 
addressed by OSHA after publication of the final Marine Terminals 
Standard in 1983. In 1984, OSHA and the National Grain and Feed 
Association (NGFA) came to a settlement agreement that identified those 
provisions of the Marine Terminals Standard (part 1917) that are 
generally applicable and those that are not applicable at marine 
terminal grain elevators. (For a copy of the agreement, see Ex.1-156.) 
In the present rulemaking, OSHA has made no substantive changes to 
those sections of the Marine Terminals Standard that were part of this 
agreement. For information purposes, OSHA is providing the following 
excerpt (Table C) from the 1984 agreement that lists the provisions of 
the Marine Terminals Standard (part 1917) that are generally not 
applicable to marine terminal grain elevators:

                                     Table C--Provisions Generally Inapplicable To Marine Terminal Grain Elevators                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Part 1917 Section                                                                 Subject                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
.13....................................  Slinging                                                                                                       
.14....................................  Stacking of Cargo and Pallets                                                                                  
.15....................................  Coopering                                                                                                      
.17(c),(d)(1), (f),(h)&(k).............  Railroad Facilities                                                                                            
.18....................................  Log Handling                                                                                                   
.22....................................  Hazardous Cargo                                                                                                
.23....................................  Hazardous Atmospheres and Substances                                                                           
.41....................................  House Falls                                                                                                    
.43(g)&(h).............................  Powered Industrial Trucks                                                                                      
.46....................................  Crane Load and Limit Devices                                                                                   
.48(b),(c), (d)&(e)....................  Conveyors                                                                                                      
.49(e)&(g).............................  Spouts, Chutes, Hoppers, Bins and Associated Equipment                                                         
.71....................................  Terminals Handling Intermodal Containers or Roll On Roll Off Operations                                        
.73....................................  Terminals Handling Menhaden and Similar Species of Fish                                                        
.114...................................  Cargo Doors                                                                                                    

[[Page 40147]]

                                                                                                                                                        
.115...................................  Platforms and Skids                                                                                            
.124...................................  Passage between Levels and across Openings                                                                     
.153...................................  Spray Painting                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Proposed Sec. 1917.25(g), which concerned tobacco that has been 
loaded into containers and then fumigated prior to loading the 
container onto a vessel, required that the contents of the container be 
aerated by opening the container doors for a 48-hour period after 
fumigation and before loading. The proposed requirement also stipulated 
that the aeration period be extended to 72 hours in cases where the bag 
liners of the cases in which the tobacco is shipped are made of 
polyethylene or similar material. The proposal required that employers 
obtain a warranty from the fumigator stating that the aeration period 
had been met. This requirement differs from the fumigated tobacco issue 
addressed in subpart I of part 1918, which applies to cargoes that are 
break-bulk such as bales or hogsheads (Sec. 1918.94(c)). Tobacco 
cargoes, both imported and exported, are shipped most typically in 
bales, in hogsheads, and in intermodal containers. Thus, 
Sec. 1917.25(g) applies to tobacco that is fumigated while it is in 
containers but before it is loaded into the vessel.
    In determining the appropriateness of required aeration intervals, 
OSHA is relying on documents from the U.S. Department of Agriculture 
and the Tobacco Association of the United States. The studies reported 
in these documents concluded that intermodal containers loaded with 
fumigated tobacco required an additional 48 to 72 hours of aeration to 
be free of hazardous fumigant levels, depending on whether or not the 
tobacco is within shipping cases having polyethylene or similar bag 
liners (Exs. 1-70, 1-95).
    Comment was received on proposed Sec. 1917.25(g); commenters asked 
OSHA to delete the proposed requirement for a 48-hour aeration period 
for fumigated tobacco that is loaded into containers before those 
containers are loaded on a vessel (Exs. 6-1, NMSA et al.):

OSHA's attention is directed to document number 1, earlier submitted 
into evidence by NMSA. This document contains a copy of a letter 
from the United States Environmental Protection Agency to Soil 
Chemicals Corporation, permitting containers under fumigation to be 
transferred onto and off of ships.
    Also in the document is a letter from the California Department 
of Pesticides regulation accepting this practice.
    NMSA feels that the words ``and prior to loading'' should be 
deleted from the end of the first sentence. Aeration of fumigated 
containers aboard ship is a common practice that has been in effect 
for many years. Continuing this practice will result in a delay in 
cargo delivery and disrupt vessel sailing schedules. (NO Tr. p.150)

    OSHA has determined that the studies and data supplied by the U.S. 
Department of Agriculture and the Tobacco Association which show that 
48-and 72-hour aeration periods are necessary to reduce fumigant levels 
to non-hazardous levels in containers without and with polyethylene 
lined bags, respectively, are more compelling than the evidence 
submitted by these commenters. Accordingly, Sec. 1917.25(g) of the 
final rule remains the same as proposed and requires employers to 
provide the appropriate aeration period for tobacco that is fumigated 
in a container prior to loading.
    In Sec. 1917.45(f)(5)(ii), OSHA proposed to require seat belts for 
the operators of high speed container gantry cranes.\4\ This new 
proposed requirement would have allowed a 90-day phase-in period for 
the installation of the seat belts. Comment was received that supported 
the requirement for seat belts but requested that a 180-day phase-in 
period be given to allow more time to purchase and install the 
necessary equipment (Exs. 6-1, 6-16b, 6-31a). The majority of U.S. 
marine terminals are owned by quasi-governmental organizations (i.e., 
port authorities). Typically, major capital equipment such as container 
gantry cranes are owned and maintained by the aforementioned quasi-
governmental organizations. In order to allow sufficient time to 
accommodate government budget cycles, OSHA has concluded that a 180-day 
phase-in period is appropriate and has written Sec. 1917.45(f)(5)(ii) 
of the final rule accordingly.
---------------------------------------------------------------------------

    \4\ High speed container gantry cranes are those capable of 
hoist speeds of 360 feet per minute (110 m/min) (without a load) and 
trolley speeds of 500 feet per minute (152 m/min) or faster.
---------------------------------------------------------------------------

    Paragraph (a)(1) of Sec. 1917.46 of the existing and proposed 
Marine Terminals Standard, crane load and limit devices, requires all 
cranes, except those specifically exempted, to be equipped with a load 
indicating device. OSHA received one comment (Ex. 82) requesting that 
overhead cranes used in marine terminals be included in the types of 
cranes exempted from this requirement. This commenter pointed out that 
overhead cranes are similar to bridge-type container gantry cranes, 
which are exempted from this requirement, in that the load capacity of 
the crane is the same regardless of the actual position of the load. In 
other words, the load capacity of the crane does not depend on a boom 
that can change radius (and thus the load capacity); it is this factor 
that makes a load indicating device necessary. OSHA agrees with this 
commenter, and final rule Sec. 1917.46(a)(1)(viii)(A) specifically 
exempts overhead cranes from the requirement to have a load indicating 
device.

C. 29 CFR Part 1918--Safety and Health Regulations for Longshoring

Subpart A--Scope and Definitions
    This subpart updates and clarifies the scope, applicability, and 
definition sections of the Longshoring Standard.

Section 1918.1  Scope and application

    The Longshoring rules apply from the foot of the gangway up to the 
vessel and address all activities related to cargo handling aboard the 
vessel. This means that ship-to-shore/shore-to-ship cargo transfer 
operations using shore-based material handling devices and all lifting 
device-specific aspects of such transfers will be covered by the Marine 
Terminals Standard (29 CFR part 1917). When cargo handling is 
accomplished using ship's cargo gear, the Longshoring Standard (29 CFR 
part 1918) applies.
    This final rule has been written to stand by itself, i.e., to be a 
``vertical standard.'' Vertical standards are those that apply to a 
specific industry and address the hazards present in that industry. For 
industries such as longshoring, the vertical standards in part 1918 are 
intended to provide comprehensive coverage of the hazards in an 
industry and make it unnecessary for employers in that industry to 
refer to, or comply with, most other OSHA standards. However, in 
several areas of coverage, OSHA's General Industry Standards have been 
incorporated into the Longshoring Standard by reference, and these 29 
CFR part 1910

[[Page 40148]]

incorporations are listed in paragraph (b) of the final rule's scope 
and application section. This approach follows the approach taken by 
OSHA in its other marine cargo handling standard, the Marine Terminals 
Standard, 29 CFR part 1917 (48 FR 30886). The Agency is incorporating 
by reference the General Industry Standards (from 29 CFR part 1910) 
that are needed to supplement the specific marine cargo handling 
provisions in the Longshoring Standard. The incorporation-by-reference 
approach is an efficient means of providing coverage for those hazards 
that are not unique to the marine cargo handling industry. This idea 
was endorsed by many commenters (Ex. NMSA et al.). For example, in his 
testimony at the October 20, 1994, Seattle hearing, Mr. Hank Bynaker, 
manager of environmental safety and health for American President 
Lines, stated `` . . . I would like to recognize OSHA's efforts to 
modernize their approach and to support that effort.'' (SEA Tr. p. 295)
    The following 29 CFR part 1910 General Industry Standard provisions 
will have application to longshoring operations, under Sec. 1918.1:
    (b)(1) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (b)(2) Commercial diving operations. Subpart T;
    (b)(3) Electrical. Subpart S when shore-based electrical 
installations provide power for use aboard vessels;
    (b)(4) Hazard communication. Subpart Z, Sec. 1910.1200;
    (b)(5) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (b)(6) Noise. Subpart G, Sec. 1910.95;
    (b)(7) Nonionizing radiation. Subpart G, Sec. 1910.97; and

    Note: Exposures to nonionizing radiation emissions from 
commercial vessel radar transmitters are considered hazardous under 
the following situations: (a) where the radar is transmitting, the 
scanner is stationary, and the exposure distance is 19 feet (6 m) or 
less; or (b) where the radar is transmitting, the scanner is 
rotating, and the exposure distance is 5 feet (1.8 m.) or less.

    (b)(8) Respiratory protection. Subpart I, Sec. 1910.134.
    (b)(9) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) when a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \5\
---------------------------------------------------------------------------

    \5\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with 
the international legal requirements of the International Convention 
for the Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94 (a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).
    These subparts and sections of OSHA's General Industry Standards 
are also incorporated into the Marine Terminals Standard 
(Sec. 1917.1(a)(2)) by reference along with several other part 1910 
sections that have application only in a marine terminal. Incorporating 
the same General Industry Standards into the Longshoring and Marine 
Terminals Standards will make both of OSHA's marine cargo handling 
rules similar with respect to these issues, an approach that has long 
been advocated by the marine cargo handling industry and is supported 
by this record.
    OSHA's Bloodborne Pathogens Standard (29 CFR 1910.1030) does not 
apply to marine cargo handling operations. OSHA will continue its past 
policy of applying the first aid requirements of Secs. 1917.26 and 
1918.97. In a letter dated July 31, 1992, to the National Maritime 
Safety Association, OSHA addressed the coverage of the Bloodborne 
Pathogen Standard to the marine cargo handling industry. It states, in 
pertinent part, as follows:

* * * the bloodborne pathogen standard primarily applies to general 
industry establishments and not the cargo handling industry that 
N.M.S.A. represents. (Ex. 6-158).

Bloodborne pathogens are most commonly encountered in the cargo-
handling environment during a first aid response when an injured 
employee is bleeding. Under these circumstances, first aid, which 
encompasses universal precautions (procedures for handling human blood 
and certain human body fluids in a manner that prevents the 
transmission of infection), must be followed by first aid responders. 
For further guidance, particularly for small employers, OSHA has 
included a non-mandatory appendix, Appendix V, titled Basic Elements of 
a First Aid Training Program.
    In addition, as was proposed, OSHA is exempting from subpart Z all 
sealed, intact packages or containers that meet the Department of 
Transportation (DOT) or International Maritime Organization (IMO) 
requirements. OSHA's existing Longshoring Standard contains no such 
exemption, although the existing Marine Terminals Standard 
(Sec. 1917.1(a)(2)(ii)) does. Packages and containers that are sealed 
present no exposure hazards to marine cargo handling employees, 
provided that such containment remains intact. In order for packages 
and containers to qualify for the exemption in Sec. 1918.1(b)(9)(B), 
they must meet DOT or IMO requirements. This will ensure that exempted 
packages are properly packaged, and thus highly unlikely to expose 
workers to toxic or hazardous substances. Including the exemption for 
intact packages and containers in the final Longshoring Standard will 
thus make that standard consistent with the Marine Terminals Standard.
    OSHA also proposed to incorporate various other provisions of the 
General Industry Standards into the Longshoring and Marine Terminals 
Standards. These included subpart P of 29 CFR part 1910, which covers 
hand and portable tools, 29 CFR 1910.120(q), which addresses emergency 
response to hazardous substance releases, and subpart O of 29 CFR part 
1910, which covers machine guarding. At the time of the proposal, OSHA 
had made an initial determination that these general industry 
provisions provided more comprehensive coverage than the corresponding 
provisions of the Longshoring and Marine Terminals Standards. However, 
commenters did not support the incorporation of these general industry 
provisions, as discussed in detail below.
    To ensure safe practices in the use of hand tools, in 
Sec. 1918.1(b)(5), OSHA proposed deleting the current longshoring 
requirements for hand tools, Sec. 1918.72, titled ``Tools,'' and 
replacing this section with the more comprehensive requirements of 
subpart P of 29 CFR part 1910, titled Hand and Portable Powered Tools 
and Other Hand Held Equipment. OSHA also proposed to incorporate the 
same general industry section into the Marine Terminals Standard 
(proposed Sec. 1917.1(a)(2)(vii)). This approach was not supported by 
rulemaking participants, however. For example, the Pacific Maritime 
Association in their comments asserted that:

    About the only hand tools used by longshoremen aboard vessels 
are hammer-hatchets, chain saws, hand saws, hydraulic wire cutters 
and manual wrenches. There is no need for OSHA to require the 
adoption of 1910 Subpart P that includes hand tools never used 
aboard vessels (Ex. 8-8).

    This position was also voiced by several respondents (Ex. NMSA et 
al.). In addition, OSHA has re-examined its compliance history for 
marine cargo handling found in its Integrated Management Information 
System (which contains computerized data on all OSHA compliance 
inspection data,

[[Page 40149]]

dating back to 1972). While citations were found for the provisions 
addressing the hazards associated with hand and portable power tools 
found in Parts 1917 and 1918, no such citations were found for Part 
1910. After considering these comments and in light of the Agency's own 
enforcement data, OSHA has determined that the hand tool provisions in 
the Agency's existing Marine Terminals and Longshoring Standards do 
address the hand tool hazards present in marine cargo handling 
operations more effectively than would be the case if subpart P of the 
General Industry Standards were incorporated by reference. Accordingly, 
the final rule does not incorporate these general industry 
requirements.
    OSHA proposed to include from the General Industry Standards a 
paragraph from Subpart H, Hazardous waste operations and emergency 
response, Sec. 1910.120(q), to address the issue of appropriate 
coverage of emergency response to hazardous incidents. This paragraph, 
essentially, requires employers to develop and implement an emergency 
response plan to handle anticipated toxic substance emergencies prior 
to the commencement of emergency response operations. If employers 
decide to evacuate their employees from the danger area when an 
emergency occurs and do not permit their employees to assist in 
handling the emergency, they are exempt from the requirements of this 
paragraph if they have provided an emergency action plan and met other 
requirements in accordance with Sec. 1910.38(a).
    The existing longshore and marine terminals regulations address the 
issue of responding to hazardous cargo spills in Sec. 1917.22 (marine 
terminals) and Sec. 1918.86 (longshoring). In general, these sections 
require the employer to remove employees from the area that the cargo 
has been spilled in, to determine the hazard involved, and to instruct 
employees in proper clean-up procedures.
    Many commenters felt that adding this general industry provision 
duplicated the existing marine terminal and longshoring regulations 
discussed in the last paragraph (Exs. 6-29a, 6-39, NMSA et al.).
    Mr. Richard Buonocore, Director of Safety for Matson Terminals, 
Incorporated and Matson Navigation Company, Incorporated, and Shore 
Side Operations, stated at the Seattle hearings:

    I also direct the Committee's attention to proposed 1918.89(a) 
and (c). These sections would repeat in the marine terminals rules 
existing sections 1917.22(a) and (c) from the longshoring rules. 
We're still with preparation for receiving hazard cargo and for 
responding to hazard cargo spills.
    We believe these proposals, both of which deal with hazard 
materials, awareness, and responses to hazard material incidents, 
are unnecessary because these subjects are adequately and 
appropriately addressed by other existing provisions.
    Emergency response plans were addressed in 1910.38(a), preparing 
for receipt of hazard cargos and dealing with spills are addressed 
in 1918.86(a) and (c).
    Hazard communications issues are addressed in 1918.90, 
particularly subpart (h), as well as in the general OSHA hazard 
communication standard of 29 CFR 1910.1200.
    Ventilation risks for particular hazard commodities are 
addressed by 1918.93.
    Perhaps most importantly in this regard is DOT's HAZMAT employee 
training rules, 49 CFR 172.204, which was alluded to by John Pavelko 
but not by citation number, requiring training on hazard material, 
risk, and emergency response.
    Under the DOT rules, all employees, including longshore 
personnel working with hazardous materials and transportation must 
be given awareness and safety training and must know how to 
recognize potential dangers and how to take appropriate actions to 
protect their personal safety in the event of a hazardous release 
(SEA Tr. pp. 218-219).

    Mr. John Pavelko, the Pacific Maritime Association Coast Director 
for Training and Accident Prevention testified to the issue that the 
marine cargo handling industry does not do hazardous material clean-up:

Again, the PMA members on the West Coast have an agreement that if 
there is an emergency, the emergency will be responded to by a 
professional vendor. Longshoremen will not be called to respond to 
any emergency.
    Under the HAZWOPER, the HAZWOPER, as you know, was designed for 
hazardous waste generators. It was for big time corporations that 
generate a lot of hazardous waste. The maritime industry just kind 
of got sucked into this thing by that one little sentence in there 
that says if there's going to be an emergency, then you've got to 
have a plan.
    Then if you don't respond to an emergency, then you've got to 
refer to, what was it, 1910.38. So all of our members fall under 
1910.38 and not under the HAZWOPER, but yet when a compliance 
officer, on several--I shouldn't say several--on at least two or 
three occasions when compliance officers have come to the 
waterfront, they try to cite our employers under the HAZWOPER.
    We're saying, it's not us, it doesn't apply, and there's back 
and forth, back and forth, and this is another issue that causes a 
lot of problems for employers. (SEA Tr. pp. 189-190)

    Mr. Ron Signorino, Director of Regulatory Affairs, Universal 
Maritime Service Corporation, testified in the New Orleans hearings:

The HAZWOPER rule was written by OSHA in response to a mandate by 
Congress to have rules in place, whereby employees responding to an 
emergency situation could be protected from the hazards that are 
associated with that response.
    Now, the position of the National Maritime Safety Association 
has been traditionally that when employees employed by members of 
NMSA are aware of the spill that those employees be directed to 
evacuate any area in a spill, so that a professional team can come 
in and respond to that emergency, the professional teams are outside 
contractors who have no affiliation with the work.
    Typically, they're specialists in performing these clean-ups of 
these hazard emergency responses.
    Then, as a consequence, the provisions of HAZWOPER, rightly 
should not apply to employees who have, in fact, no exposure (NO Tr. 
p. 202).

    OSHA agrees with the commenters that the HAZWOPER regulations are 
for those employers and employees that are in the business of cleaning 
up spills of hazardous chemicals and hazardous waste generators. 
However, if a marine cargo handling employer decides to respond to an 
emergency that is beyond the scope of the Emergency Action Plan 
developed by the employer in accordance with the final rule 
(Secs. 1917.30 and 1918.100), that employer ceases to be acting in a 
``marine cargo handling'' capacity and the appropriate sections of 
OSHA's General Industry Standards (e.g., 29 CFR 1910.120(q), HAZWOPER) 
would apply. This is reflective of the application of 
Sec. 1910.120(q)(1) which reads in relevant part:

Employers who will evacuate their employees from the danger area 
when an emergency occurs, and who do not permit any of their 
employees to assist in handling the emergency, are exempt from the 
requirements of this paragraph if they provide an emergency action 
plan in accordance with Sec. 1910.38(a) of this part.

    In the final rule, OSHA has decided to address these hazards by 
adding a new section to each of the Longshoring and Marine Terminals 
Standards. These new sections, which are identical, will alleviate the 
duplication and confusion that would be caused by the proposed cross-
referencing of paragraphs from the Hazardous Waste Operations and 
Emergency Response Standard, Sec. 1910.120(q), and from the Emergency 
Action Plans Standard Sec. 1910.38(a). These new sections, which are 
codified in subpart B, Marine Terminal Operations (Sec. 1917.30), and 
subpart I, General Working Conditions (Sec. 1918.100), require marine 
terminal and longshoring employers, respectively, to develop a written 
(if there are 10 or fewer employees, oral

[[Page 40150]]

communication of the emergency action plan is acceptable) emergency 
action plan to handle anticipated emergencies of all types, including 
those involving fires and toxic substances, before the commencement of 
emergency response operations. These sections identify the basic 
elements of an emergency action plan (escape route planning, 
accountability, employer contacts); an alarm system; evacuation 
procedures; and training requirements. OSHA believes that, as a 
practical matter, the emergency action plan can be adequately 
communicated to a small group of employees of 10 or fewer when the 
requirements of the plan are orally explained; a written plan is 
therefore unnecessary in this circumstance.
    OSHA proposed to protect marine cargo handling employees from the 
hazards of fixed machines by referencing the comprehensive list of 
machine guarding provisions contained in OSHA's General Industry 
Machine Guarding Standards (29 CFR 1910 subpart O) into the scope of 
both the Marine Terminals and Longshoring Standards.
    The existing regulations address machine guarding in different 
ways. In the Longshoring Standard, machine guarding is addressed in 
several areas such as cargo winches (``When moving parts of winches or 
other deck machinery present a hazard, they shall be guarded,'' 
Sec. 1918.53(a)(1)) and in powered conveyors (``All conveyor and 
trimmer drives which create a hazard shall be adequately guarded,'' 
Sec. 1918.69(c)). In the Marine Terminals Standard, the existing 
regulations on machine guarding center around the ``danger zone'' 
concept. A ``danger zone'' is defined in the Marine Terminals Standard 
as any place in or about a machine or piece of equipment where an 
employee may be struck by or caught between moving parts, caught 
between moving and stationary objects or parts of the machine, caught 
between the material and a moving part of the machine, burned by hot 
surfaces or exposed to electric shock. The danger zone performance 
approach to machine guarding provides coverage of all hazards within 
the danger zone without the need to address each hazard separately. 
This approach also requires employers to use their judgment about which 
machine parts or areas at or near a machine do in fact expose employees 
to workplace hazards.
    Several commenters noted that the existing danger zone concept used 
in the Marine Terminals Standard provided the necessary employee 
protection and that the proposed machine guarding provisions were 
unnecessary (Exs. 6-29a, 6-31a, 6-35). Other commenters favored the 
danger zone approach and stated that the machine guarding provisions in 
the General Industry Standards were voluminous and addressed several 
types of machinery that were not found in marine cargo handling 
operations (Ex. NMSA et al.).
    Mr. Signorino addressed this issue during the hearings in New 
Orleans, testifying as part of a panel representing the National 
Maritime Safety Association:

We adopt the approach that was originated by OSHA, implemented by 
that agency in the promulgation of the 1917 standards; and, in the 
space of time since the promulgation of those standards, has borne 
significance in terms of lack of accident experience, in terms of 
moving parts of machinery. That concept is, of course, the dangers 
[zone] (NO Tr. p. 413).

    OSHA agrees with the above comments and testimony and in the final 
rule has decided that the same danger zone approach to machine guarding 
hazards pioneered in the Marine Terminals Standard (Secs. 917.2(g) and 
1917.151) will provide appropriate protection from machine guarding 
hazards in marine cargo handling operations regardless of location, 
i.e., in both marine terminal and longshoring operations. In addition, 
using the danger zone concept will allow employers some compliance 
flexibility. For example, although an unguarded nip point near an 
employee's work station will usually present a significant caught-in 
hazard, a nip point located 10 feet above the working surface is far 
less likely to present such a hazard.
    Accordingly, the final rule does not incorporate subpart O of the 
General Industry Standards into the scope of the Marine Terminals and 
Longshoring Standards as proposed. Instead the final rule retains the 
existing machine guarding protections provided by Sec. 1917.151 of the 
Marine Terminals Standard and brings these provisions into the final 
Longshoring Standard as Sec. 1918.96(e). (Guidance on a wide range of 
machine guarding techniques and background information may be found in 
the OSHA pamphlet ``Concepts and Techniques of Machine Guarding'' (OSHA 
3067-1992) or the American National Standards Institute (ANSI) 
publication ``American National Standard for Machine Tools'' (ANSI 
Bll.l9-1990).)
    In keeping with the Agency's efforts to develop regulatory language 
that is easier to follow, the references to part 1910, OSHA's General 
Industry Standards in Sec. 1918.1(b) have been renumbered and placed in 
alphabetical order.

Section 1918.2  Definitions

    Final rule Sec. 1918.2 carries over many definitions from the 
proposed and existing Longshoring Standards because those definitions 
are still relevant and are used in the final rule. However, some new 
definitions and modifications to existing definitions were proposed and 
have been added or made to reflect changes in current custom and 
practice in the longshore industry.
    The existing rule's references to ``Federal maritime jurisdiction'' 
and ``navigable waters'' in the definitions of ``employee'' in 
Sec. 1918.2 paragraph (e) and ``employer'' in paragraph (f) were not 
included in the proposal. The existing rules were originally 
promulgated under the Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941), whose jurisdiction was limited to navigable waters. 
The promulgation of the OSH Act, which applies to private sector 
employment in covered workplaces, no longer uses navigable waters to 
establish jurisdiction. The final rule does not include these 
references.
    New definitions or definitions that OSHA has revised substantially 
in the proposal or final are described below.
    The definition of ``danger zone'' in the final rule is taken from 
OSHA's existing Marine Terminals Standard, as discussed above. This 
definition exists in the existing Marine Terminals Standard and is 
being added to the final Longshore Standard. OSHA finds it appropriate 
to include identical definitions of this term in the Marine Terminals 
and Longshoring Standards because various kinds of equipment that pose 
similar hazards to employees are present in both marine cargo handling 
environments.
    OSHA proposed a new definition for ``designated person,'' which 
received considerable support (Ex. NMSA et al., Ex. 6-22). This term 
has been incorporated in the final rule, and is defined to mean a 
person who has a special skill in a particular area and has been 
assigned by the employer to do a specific task in that area. Examples 
of the use of this term in the final Longshoring Standard are: 
Sec. 1918.51(b) which requires that a designated person inspect a 
vessel's cargo gear before use and at intervals during use; and 
Sec. 1918.55(c)(7) which requires that a designated person supervise 
tandem lifting operations.
    The definitions for ``enclosed space'' and ``fumigant'' in the 
final are essentially unchanged from those proposed in the Longshore 
Standard. In

[[Page 40151]]

addition, these definitions are essentially identical to those found in 
the Marine Terminals Standard.
    A definition for ``fall hazard'' has been added to the final rule 
in Sec. 1918.2. According to the final rule, a fall hazard exists when 
employees are working within 3 feet of the unprotected edge of a work 
surface that is 8 or more feet above the adjoining surface and 12 
inches or more horizontally from the adjacent surface, or when weather 
conditions are such as to impair the vision or footing of employees 
working on top of containers. This definition was proposed as a 
footnote to the container top fall protection section; however, because 
it has application in several other sections of the Longshoring 
Standard (Secs. 1918.32, 1918.85, and 1918.87), it has been placed in 
the definitions section. The definition makes it clear that it is the 
unprotected edge that poses a fall hazard and not necessarily the 
entire work surface (except in bad weather or when ice, grease etc. is 
present so the entire surface may be slippery). Additionally, any gap 
of 12 inches (.31 m) or more on a horizontal surface formed by 
containers is considered an unprotected edge and would constitute a 
fall hazard under this definition. OSHA believes that any work within 3 
feet (.92 m) of an unprotected edge constitutes a hazard (Ex. 1-139), 
providing that the second essential element of this definition exists, 
i.e. that the vertical distance is such as to constitute a fall hazard. 
In proposed Sec. 1918.85(j), the Agency defined the fall height trigger 
at 10 or more feet above the adjoining surface. The final rule, 
however, sets the vertical height for fall hazards at 8 or more feet 
above the adjoining surface; this fall height is consistent with the 
fall height established in the final rule for non-containerized cargo 
(see Sec. 1918.32(b)). The final trigger height of 8 feet is identical 
to the existing requirement for fall protection found in 
Sec. 1918.32(b). OSHA believes that this height was originally adapted 
from an industry practice that pre-dated containerization. At that 
time, cargo was usually palletized into a standard 4 foot high pallet. 
It became an industry practice that whenever pallets were stacked two 
or more, the top working surface would be considered a fall hazard, 
thus requiring nets or other equivalent protection.
    The definition of ``Hazardous cargo, materials, substance or 
atmosphere'' in the final longshore rule has been expanded to reflect 
the Marine Terminal Standard's definition of hazardous cargo. This 
definition goes beyond the existing part 1918 definition by including 
references to subpart Z of part 1910 and oxygen-deficient atmospheres.
    The definition for ``intermodal container,'' which remains 
unchanged from the definition in the proposal, reflects a combination 
of definitions found both in the International Labor Organization (ILO) 
Code of Practice for Safety and Health in Dock Work (Ex.1-135) and the 
definition found in the International Standards Organization (ISO) 
Standard 830, Freight Containers-Terminology (Ex.1-134). The definition 
in the final rule more accurately describes an intermodal container 
than the definition that is in the existing rule. This updated 
definition is also in the Marine Terminals Standard at Sec. 1917.2.
    The definitions of ``dockboards'' and ``ramps,'' found in the 
existing Marine Terminals Standard, have been brought into the 
Longshoring Standard with minor editorial modifications.
    The extensive list of definitions that were included in 
Sec. 1918.3(r) of the existing Longshoring Standard that specifically 
refers to existing Sec. 1918.13, ``Certification of shore-based 
material handling devices,'' has been deleted in the final rule. These 
definitions are no longer needed in the Longshoring Standard because 
part 1917, the Marine Terminals Standard, now contains OSHA's 
regulations for the certification of shore-based material handling 
devices.
    The proposed definition for ``vessel's cargo handling gear'' had 
been modified by adding language to reflect cargo gear included under 
the ILO Convention 152. The final definition gives examples of the 
kinds of cargo handling gear that are included in this newer definition 
to reflect comments received that requested a more descriptive 
definition (Ex. 6-22).
    For the sake of clarity and consistency, the word ``required'' 
(which is used extensively in parts 1917 and 1918) and the word 
``ensure'' shall be synonymous for compliance purposes.
Subpart B--Gear Certification

Section 1918.11  Gear Certification

    In OSHA's current Longshoring Standard, subpart B includes 
requirements for vessels' cargo gear certification, the certification 
of shore-based material handling equipment, and some provisions for 
gangways. The final rule's requirements for the certification of shore-
based material handling equipment and for gangways are essentially 
unchanged from those in the current Longshoring Standard, although they 
have been moved from this subpart to the Marine Terminals Standard and 
to subpart C of the Longshoring Standard, respectively, as explained 
below. The final rule's requirements relating specifically to vessels' 
cargo gear certification, entitled ``Gear Certification,'' have been 
streamlined and are now consolidated in subpart B of the Longshoring 
Standard. The gangway requirements in subparts B and C of OSHA's 
existing Longshoring Standard have, in the final rule, been moved to 
subpart C ``Gangways and Other Means of Access'' (Sec. 1918.21). 
Furthermore, existing Secs. 1918.13 through 1918.15, which covered 
shore-based material handling devices and container cranes, have been 
removed from part 1918 because shore-based handling devices are 
currently covered exclusively under part 1917, the Marine Terminals 
Standard. In the existing definitions section, Sec. 1918.3(r)(5) (i) to 
(vi) listed material handling devices that were exempted from the 
certification requirements of existing Sec. 1918.13. Section 1918.13 
required that shore-based material handling devices be certified in 
accordance with part 1919, OSHA's gear certification regulations. As 
mentioned above, these requirements are now found in part 1917, the 
Marine Terminals Standard. Material handling devices are now exempted 
from certification only if they are listed in Sec. 1917.50(h). Huletts, 
bridge cranes, ore and taconite loading facilities, and bulk coal 
loading facilities, which were exempted from certification under 
existing Sec. 1918.3, are not exempted under existing and final 
Sec. 1917.50.
    Some commenters (Exs. 6-16a and NMSA et al.) urged OSHA to move the 
remaining regulations from subpart B of the Longshoring Standard to 
subpart F of that standard, ``Vessels's Cargo Handling Gear,'' on the 
grounds that doing so would consolidate all vessel cargo handling gear 
requirements into one section (Ex. 8-20). OSHA disagrees with this 
position because subpart B's vessel cargo gear certification 
requirements are procedural in nature, have international significance, 
and apply to all lifting appliances aboard the vessel, such as 
elevators and material handling equipment. In contrast, subpart F 
primarily addresses the specific operational requirements for cranes 
and derricks. Accordingly, the final rule continues to address vessel 
cargo gear certification in subpart B.
    Section 1918.11 of the final rule, entitled ``Gear certification,'' 
requires employers to ensure that the vessel has a current and valid 
cargo gear register and certificates that are in accord with the 
recommendations of the International Labor Organization (ILO) 
Convention No. 152 as these pertain to

[[Page 40152]]

the testing and examination of cargo gear (paragraph (a)). Vessels 
holding a valid Certificate of Inspection from the U.S. Coast Guard 
(USCG) or public vessels are deemed to meet the requirements of 
paragraph (a). Paragraphs (c) and (d) of Sec. 1918.11 specify the 
competencies that persons and organizations making entries and issuing 
the certificates required by paragraph (a) of this section must have, 
both with regard to U.S. vessels not holding a valid USCG Certificate 
of Inspection and vessels under foreign registry.
    These requirements of the final rule are essentially unchanged from 
the corresponding provisions of the proposal. However, by requiring 
that vessel cargo gear be certificated in accordance with ILO 152 
rather than ILO 32, OSHA is effecting a change from the Agency's 
existing Longshoring Standard.
    Since 1960, safety and health regulations designed to protect U.S. 
dockworkers (with particular regard to vessels' cargo handling gear) 
have relied upon the documentary proofs of tests and examinations 
mandated by ILO 32 (Ex. 1-34). In Article 9 of that Convention, units 
and articles comprising ships' cargo handling gear are specified and 
assigned an annual/quadrennial schedule of tests/examinations that must 
be attended and attested to by individuals judged to be ``competent'' 
by the national authorities of the vessel's registry. Although not a 
signatory to that Convention, the United States has conformed to this 
Convention via regulations promulgated by: (1) the U.S. Coast Guard, 
regarding inspected U.S. flag vessels; and (2) OSHA, regarding foreign 
flag vessels (existing Sec. 1918.12). The Coast Guard has promulgated 
cargo gear regulations that exceed those found in ILO 32, namely those 
codified at 46 CFR part 91, that promote safe and unencumbered 
operations for U.S. flag vessels trading at foreign ports. On foreign 
flag vessels trading at U.S. ports, however, OSHA has sole 
responsibility for regulating and enforcing rules that address the 
cargo gear U.S. longshore workers use.
    Under ILO 32, proof load testing \6\ was only required initially 
before gear was put into service. After that initial test, such gear 
received various degrees of visual scrutiny, supplemented occasionally 
by nondestructive testing, e.g., a hammer test. Components such as 
derricks, goosenecks, mast bands, derrick bands and any other difficult 
to disassemble fixed gear, were to be ``thoroughly examined'' every 4 
years and ``inspected'' every 12 months. Other hoisting machinery, such 
as cranes, winches, blocks, shackles, and any other accessory gear, was 
to be ``thoroughly examined'' every 12 months.
---------------------------------------------------------------------------

    \6\ Proof load testing, as used here, means lifting a known 
weight that is in excess of the safe working load (SWL) of the 
lifting appliance being tested.
---------------------------------------------------------------------------

    ILO 152, adopted June 25, 1979, requires that proof load testing be 
conducted at least every 5 years, and applies to all ships' lifting 
appliances. Within Article 3 of ILO 152, the term ``lifting appliance'' 
means:

    Lifting appliance covers all stationary or mobile cargo-handling 
appliances used on shore or on board ship for suspending, raising or 
lowering loads or moving from one position to another while 
suspended or supported (Ex. 1-5, p. 2).

    Thus, because the final rule requires compliance with ILO 152 
instead of ILO 32, it expands testing and certification requirements 
for cargo handling equipment on board vessels. Such testing and 
certification, which was formerly restricted to specific assemblies and 
components (i.e., derricks, cranes, winches, etc.) will now include all 
``lifting appliances'' as defined by the newer ILO Convention. This 
includes forklifts and other powered equipment used to handle cargo 
that might be carried by a Ro-Ro vessel, and elevators found on Ro-Ro 
vessels used to move cargo (including vehicles) from one deck level to 
another, in addition to the vessel's cranes and derricks. Under final 
rule Sec. 1918.11, all of this equipment is required to be: tested and 
thoroughly examined initially before being put into use; retested and 
thoroughly examined every 5 years; and thoroughly examined every 12 
months.
    In 1993, OSHA received a letter from Sea-Land Service, Inc. 
requesting that OSHA interpret the current regulations to allow the 
lifting of two empty 40 foot ISO freight containers that are vertically 
coupled using semi-automatic twist locks (Ex. 1-161). OSHA's response 
allowed the practice under the existing regulations, provided that 
certain additional requirements were met (Ex. 1-160). However, the 
existing regulations, which reference Convention 32, did not require 
the certification of the ``lifting appliance,'' i.e., the top container 
and the semi-automatic twist locks.
    In the preamble to the proposed rule, the Agency discussed 
differences between Convention 32 and Convention 152, including the 
requirement in the latter convention to certify lifting appliances. 
OSHA stated that, under Convention 152, when a container was used to 
lift another container, the top container would fall within the 
definition of ``lifting appliance'':

    In those situations where one container is used to lift another 
container, using twist locks, then the upper container and twist 
locks become, in effect, a lifting appliance and must be certified 
as such. Page 28602.

    In response to this proposed interpretation of Article 3, paragraph 
(e) of ILO Convention 152, OSHA received comments only from the 
International Longshoremen's and Warehousemen's Union (ILWU) (Exs. 19, 
6-19, and 78). Although these comments favored the proposed 
interpretation and requested the Agency to include it as a requirement 
in the regulatory text, they included no specific information regarding 
lifting containers vertically coupled. Furthermore, while Sea-Land 
Services, Inc. submitted a detailed six page comment (Ex. 1-6) 
addressing a number of the proposed changes to the Marine Terminals and 
Longshoring Standards, it did not address this issue. In addition, OSHA 
received a late, post-hearing submission from the International 
Longshoremen's Association (ILA) that indicated a serious problem with 
this type of lift, citing several incidents at U.S. ports where 
failures occurred (L-90a). While this letter cannot be the basis of 
rulemaking at this time since it is not part of the record, it has made 
OSHA aware of safety concerns that may need to be addressed by the 
Agency. The record contains a dearth of information regarding safety 
considerations associated with double container lifts, as well as 
feasibility information regarding certificating containers and twist 
locks as ``lifting appliances''. In light of this lack of information, 
OSHA has decided to reserve judgment on this issue, pending further 
study.
    In the near future, OSHA will reopen the record on this narrow 
issue and publish a notice requesting specific information regarding 
whether or not OSHA should allow the practice of lifting vertically 
coupled containers, and, if so, under what circumstances. The notice 
will request information regarding the lifting of one container by 
another container using twist locks, including data on the following 
issues:
    Have the bottoms of intermodal containers been designed and tested 
for the purposes of ``lifting''?
    Have the twist locks been designed and tested for ``lifting''of 
containers?
    What information do the manufacturers of containers and twist locks 
have regarding the use of their products as lifting appliances?
    Do any international bodies currently certify containers and twist 
locks as ``lifting appliances''?

[[Page 40153]]

    Is there any scientific data that addresses maintenance testing and 
``life'' of the components used for lifting purposes?
    Has the impact of adverse weather conditions been evaluated in both 
design and operational concerns with regard to double container lifts?
    What precautions can be taken to assure that the containers being 
lifted are empty?
    What precautions can be taken to assure that the twist locks are 
all locked properly when the lifting occurs?
    What precautions can be taken to assure that employees are not 
exposed to the hazard of a falling container?
    What precautions can be taken to assure that defective or damaged 
containers should not be used to hoist other containers?
    To what extent are lifts of vertically coupled containers currently 
being conducted and by whom?
    How many containers and twist locks would have to be certificated 
for use as lifting appliances?
    What would it cost to certificate the upper containers and twist 
locks for use as lifting appliances?
    In vessel sharing agreements, is it feasible for upper containers 
and twist locks to be used as lifting appliances to be certificated?
    What are the productivity gains, if any, associated with the 
lifting of vertically coupled containers?
    What information, including anecdotal information is available on 
incidents involving vertically coupled containers that have fallen and 
hurt or killed employees or caused ``near-misses''?
    Several commenters (Exs. NMSA et al., NO Tr. pp. 388-393, 638-644) 
asked that OSHA continue to recognize and allow vessel's cargo gear on 
vessels whose cargo gear registers are in accordance with ILO 32 but 
not ILO 152:


* * * Refusal by stevedores to work vessels of nations that have not 
ratified ILO 152 will result in loss of business for the stevedore 
and terminal operator and can possible [sic] damage U.S. and foreign 
trade agreements. Until such nations of the world have ratified ILO 
152, those still a signatory to ILO 32 should be recognized and 
accepted (Ex. 8-20, p. 4).


    During the three public hearings held for this rulemaking, OSHA 
questioned witnesses about the difficulty posed by provisions requiring 
vessel's cargo gear to comply with the pertinent parts of ILO 152 ( SEA 
Tr. pp. 276-278 and 333; NO Tr. pp. 388-394, 454-455, 638-642, and 
712). Several commenters (NO Tr. pp. 638-642, 1391, and 1158) expressed 
concern that if OSHA requires vessel's cargo gear to meet ILO 152, 
vessels with cargo gear that does not comply will go to other countries 
to load and unload cargo that will then be brought into the United 
States by truck and rail, thereby having an adverse economic impact on 
the U.S. marine cargo handling industry. The two other countries that 
were of primary concern were Mexico and Canada. However, during the 
public hearings, it was pointed out by one witness that Mexico has 
ratified ILO 152 and Canada is expected to adopt the basics of ILO 152 
in the near future (NO Tr. p. 627). (Also see the discussion in the 
section that follows, ``International Aspects.'')
    OSHA recognizes that some vessels may need a longer phase-in period 
to comply with the ILO 152 cargo gear requirements. In addition, OSHA 
recognizes that the stevedore, who is the employer, does not own or 
have control of the vessels' cargo gear and thus must depend on the 
owner to accomplish the change before the stevedore can determine that 
the register is current and valid. Testimony by Mr. Mike Compton, Chair 
of the Safety Panel of the International Cargo Handling and 
Coordination Association (ICHCA), addressed the phase-in periods 
granted by the United Kingdom, for the ILO 152 cargo gear requirements. 
Mr. Compton stated:


* * * there were two lead-in periods given. For the change from a 
quadrennial to an annual thorough examination on derricks, there was 
one year given as a lead-in period.
    The way in which this worked was that all of our member ports 
told their shipping company customers that this was going to happen 
in a year's time, and that in a year's time they would legally not 
be able to handle their derricks unless there was a thorough 
examination and record of it in the register within the last 12 
months, and there was no problem with that. That ship owner had a 
year to see that was done.
    With regard to the testing, which is now a new requirement of 
testing every five years, we gave a four-year lead-in time to that, 
which is more than enough time for a shipowner to ensure that the 
testing required was carried out.
    Again, the member ports told their shipping company customers, 
who also heard about it in the course of their own trade 
associations, made appropriate requirements, arrangements, and there 
was no problem with that either (NO Tr. pp. 630-640).


    OSHA finds Mr. Compton's recommendations persuasive and consistent 
with the goals of current International Trade Agreements.
    Therefore, effective a year from the publication date of the final 
rule (Sec. 1918.11(a)(1)), all lifting appliances and all loose gear 
are required to have had a thorough examination that is duly recorded 
in a cargo gear register in accordance with ILO 152. Effective four 
years from the publication date of the final rule (Sec. 1918.11(a)(2)), 
all lifting appliances and all loose gear must have been tested (or 
retested) with the results duly recorded in a cargo gear register in 
accordance with ILO 152. At that time, vessels that do not have a cargo 
gear register that is properly filled out and up to date will be 
violating this regulation if the vessel's lifting appliances are used. 
However, in such cases, properly certified shore-based equipment may be 
used to load and unload the vessel.
    A new paragraph, (a)(3), has been added to address these interim 
periods (up to one year for thorough examinations and up to four years 
for testing), vessels with cargo gear registers that are in accordance 
with ILO 32 will continue to be acceptable during these interim 
periods.
    Several witnesses during the public hearings expressed concern that 
the cargo gear register forms required by ILO 152 were not readily 
available and that even if such forms were available, employers would 
have difficulty in reading and understanding them (SEA Tr. 277-278, NO 
Tr. pp. 651-655). In Appendix I of the proposed rule, OSHA provided a 
sample cargo gear register that came from the International Labor 
Organization's maritime office and conforms with ILO 152 requirements 
(See also Ex. 58). The sample register is in English and includes 
definitions and instructions on how to conduct the required inspections 
and/or tests and how to fill out the forms. Non-mandatory Appendix I, 
as proposed, is included in this final rule.
    The International Cargo Gear Bureau, Inc. (Ex. 6-22), pointed out 
that although ILO 152 requires that proof load testing be done ``at 
least every five years,'' proof testing is often done and is required 
by some countries to be done every four years or even more frequently. 
The same commenter went on to say that this discrepancy should be 
clarified because four-year proof load testing is required in current 
Secs. 1917.50(c) and current 1918.61(h). In addition, this commenter 
wrote:


    If it is the intention of USDL/OSHA to adopt the five (5) year 
proof load testing cycle for shipboard cargo handling gear within 
the jurisdiction of USDL/OSHA, the justification for such relaxation 
of proof load testing requirements should be explained by USDL/OSHA 
considering the ``lost workdays'' statistics and statements on page 
28595 of the June 2 Federal Register * * * (Ex. 6-22, p.4).

    In the final rule, OSHA is not changing either the requirement at

[[Page 40154]]

current Sec. 1917.50(c), which mandates a quadrennial proof load 
testing requirement for shore based material handling devices, or the 
requirement at current Sec. 1918.61(h), which requires such testing for 
special stevedore gear. Instead, by requiring foreign vessels using 
ship's gear while working in the United States to comply with ILO 152, 
OSHA is providing greater protection to employees than is currently 
required, because compliance with ILO 152 requires inspection and 
testing of all lifting appliances, not just cranes and derricks, and 
requires retesting at least every five years. Thus, the final rule's 
vessel cargo gear certification requirements substantially increase 
employee protections.
    One commenter wrote that OSHA should clarify in the rule what is 
meant by ``vessel's cargo handling gear'' because of the expanded 
requirements under ILO 152 (Ex. 6-22). OSHA modified the definition of 
``vessel's cargo handling gear'' in the proposal to ``include all 
stationary or mobile cargo handling appliances * * *. `` and the final 
rule includes the same definition. OSHA has included a cross-reference 
to that definition in Sec. 1918.11.
    It should be noted that 29 CFR part 1919, provides procedures and 
standards governing accreditation of persons by OSHA for the purpose of 
certificating vessel's cargo gear and shore-based material handling 
devices, and the manner in which such certification shall be performed. 
Categories of competency have been established based on the equipment 
that they have been accredited to inspect. For example, a ``full 
function vessel'' accreditation would mean that the person or agency 
has been recognized as competent to inspect and certify all of a 
vessel's cargo handling equipment. Similarly, a ``loose gear and wire 
rope'' accreditation requires the showing of a different inspection 
competency. The inspection requirements of this subpart involve both of 
these categories.
    With regard to these inspection requirements, several commenters 
wrote that paragraph Sec. 1918.11(c) should be clarified by adding the 
term ``full function vessels'' to identify the type of accreditation 
that persons competent to make entries in the registers and issue 
certificates must have. (Exs. NMSA et al., 6-16a). OSHA agrees with 
these commenters and has made the change in the final rule in both 
paragraphs Sec. 1918.11(c) and (d). The words ``or loose gear and wire 
rope testing'' have also been added to identify those accredited 
agencies that can issue certificates for loose gear and wire rope that 
are part of the cargo gear register.
    One commenter (Ex. 6-5) noted that OSHA's ``proposed rules are 
significantly more stringent than the existing Coast Guard 
regulations.'' The U.S. Coast Guard has rules covering marine terminals 
that handle bulk flammable liquids and gases. However, all employees 
engaged in longshoring operations, whether on U.S. flag or foreign flag 
vessels, are covered by OSHA's part 1918 regulations. These regulations 
cover forklifts and other powered industrial equipment. During this 
rulemaking, OSHA coordinated with, and received support from the 
Commandant of the U.S. Coast Guard (Ex. 6-44). OSHA believes that its 
final rule will provide longshoring and marine terminal employees with 
effective protection from the hazards of marine cargo handling.
    The preamble section titled ``International Aspects,'' which was in 
the proposal, is repeated in this preamble to the final rule to explain 
why OSHA is retaining the provision (at Sec. 1918.11(a)) that allows 
foreign flag vessels to comply with ILO gear provisions instead of 
requiring them to comply with U.S. standards. This issue was brought 
out in written comments and during the hearings (Ex. 6-22, NO Tr. pp. 
454-455, pp. 650-651).
    International Aspects:
    As with all Federal agencies whose regulations influence 
international trade, OSHA has developed this final rule in light of 
international considerations. Through both law and policy, the United 
States has decided that standards-related activities should not, if 
possible, be a barrier to trade. The Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.) addresses technical barriers to trade regarding 
federal regulation. Section 2532 of this Act states the following:

    Section 2532. Federal standards-related activities.
    No Federal Agency may engage in any standards related activity 
that creates unnecessary obstacles to the foreign commerce of the 
United States, * * *.
    (1) Nondiscriminatory treatment. * * *
    (2) Use of international standards. (A) In general, * * * each 
Federal agency, in developing standards, shall take into 
consideration International standards and shall, if appropriate, 
base the standards on International standards.

    Additionally, and consonant with this country's position on 
barriers to international trade, the United States is a signatory to 
the Multilateral Convention on the Facilitation of International 
Maritime Traffic (1965) (Ex. 1-3). As a contracting government, the 
United States has agreed to:

* * * Undertake to cooperate in securing the highest practicable 
degree of uniformity in formalities, documentary requirements and 
procedures in all matters in which such uniformity will facilitate 
and improve international maritime traffic and keep to a minimum any 
alteration's informalities, documentary requirements and procedures 
necessary to meet special requirements of a domestic nature. 
(Article 3)

    Mindful of these international aspects, OSHA sought to formulate an 
acceptable approach to the vessel's cargo handling gear issue, and to 
other issues. The Agency requested the Department of State (Ex. 1-7) to 
present OSHA's approach to all foreign nations whose vessels may enter 
U.S. ports. This exercise was conducted in the hope of identifying 
acceptance. Reports back from responding foreign nations (Ex. 1-6) 
indicated overwhelming support for the Agency's approach to these 
issues. Most of the nations responding, although stipulating that they 
had not yet ratified the more recent ILO Convention, suggested that 
their national laws recently ratified were at least as strong, and 
sometimes more stringent, than ILO 152. Thus, OSHA is confident that 
the cargo gear certification requirements of the final rule are 
consistent with those of ILO Convention 152 and national laws and 
practices of most other countries.
Subpart C--Gangways and Other Means of Access
    In final rule subpart C, OSHA has organized requirements by subject 
matter and enhanced the uniformity of shoreside and shipboard 
requirements.
    Subpart C is titled ``Means of Access'' in the existing and 
proposed Longshoring Standard. It contains requirements that employers 
must meet before allowing employees to board a vessel. Several 
commenters suggested that the title be changed to ``Gangways and Other 
Means of Access'' to better describe the contents of this subpart (Ex. 
6-16a, NMSA et al.). These same commenters also recommended that this 
subpart be rearranged so that each section, such as Gangways, Jacob's 
ladders, etc., contains only the specific requirements that apply to 
the subject matter of that section. OSHA agrees with the recommended 
changes to the title and grouping of subjects in this subpart and has 
generally rearranged it accordingly.
    The provisions of final Sec. 1918.21 ``General requirements,'' are 
taken from the existing and proposed Longshoring Standards, with 
editorial changes made for clarity. In final Sec. 1918.21(a), which 
requires that the means of access to the vessel not be located under 
suspended

[[Page 40155]]

loads to the extent possible, the words ``or others'' have been added 
after the word ``employees''. OSHA believes that suspended loads should 
not pass over a vessel's means of access, regardless of whose employees 
would be exposed to the hazards of overhead loads. While OSHA 
recognizes that the stevedoring employer may not have control over all 
employees (or users of the gangway), employers do have control over the 
movement of suspended loads and thus have the means to comply with this 
provision.
    Final rule Sec. 1918.21(b) stipulates that substantial steps and a 
minimum of one handrail be provided between the bulwark and deck when 
the upper end of the means of access rests or is flush with the top of 
the bulwark. This provision is unchanged from the corresponding 
provision of the proposal.
    To eliminate the ambiguity of the current rule, which required that 
means of access be ``adequately'' illuminated, final paragraph 
1918.21(c) references Sec. 1918.92 which requires specific illumination 
levels. In addition, the final rule has a footnote that gives the 
candlepower requirement found in Sec. 1918.92, to make it readily 
available in this section.
    The title of Sec. 1918.22, currently ``Gangways and other means of 
access,'' is being changed to ``Gangways'' in the final rule. The word 
``gangways,'' as defined in Sec. 1918.2, includes accommodation 
ladders, brows, etc. This section also joins two similar sections of 
OSHA's current Longshoring rules (Sec. 1918.11--titled ``Gangways'' and 
Sec. 1918.21--titled ``Gangways and other means of access''). The final 
rule's Sec. 1918.22, therefore, eliminates the need for employers and 
employees to look in different subparts for information on gangways.
    Following the format of the current Longshoring Standard, gangway 
dimensions and characteristics are set out in paragraphs (a) and (b). 
Using a combination of specification language with performance-based 
alternatives, the final rule provides the flexibility needed in 
adapting to vessels built according to international guidelines. The 
final rule allows rails to be made of materials other than those 
specified in the current rule, if the material is at least equivalent 
in strength to those listed. Paragraphs 1918.22 (a) and (b) are 
essentially unchanged from the proposal.
    Paragraph (c), which requires that the gangway be trimmed at all 
times, carries over language from the current rule, plus the term 
``trimmed,'' a word that is also found in the Joint Maritime Safety 
Code of the New York Shipping Association/International Longshoremen's 
Association (NYSA/ILA Safety Code) (Ex. 1-2). This paragraph is 
designed to ensure, despite changing conditions caused by tides, cargo 
operations, etc., that the gangway and its components are fully useable 
at all times.
    Final rule paragraphs (d), (f), (h), and (j) are essentially 
identical to the corresponding provisions of the current and proposed 
rules. They address fixed flat-tread accommodation ladders, handrails 
on walkways, and prohibitions against obstructions (paragraphs (d), 
(f), and (h), respectively), while paragraph (j) states that vessels 
inspected and certified by the USCG are deemed to meet the requirements 
of this section. Paragraphs (e), (g), and (i) have been editorially 
modified for clarity to address problems of interpretation associated 
with these provisions of the existing standard. Proposed paragraph (e) 
of the final rule has been revised to require a safety net or suitable 
protection when the gangway overhangs the water in a way that poses a 
danger of employees falling between the ship and the dock. The purpose 
of the net is to prevent an employee from falling to a lower level. 
This is consistent with ILO's ``Safety and Health in Dock Work'' (Ex. 
1-138). Final rule paragraph (g) requires gangways to be kept clear of 
supporting bridles and other obstructions but allows that, in 
situations where gangway supporting bridles cannot be moved because of 
the design, the employer is to mark the hazard to alert employees using 
such a gangway. Paragraph Sec. 1918.21(i) has been added to the final 
rule to address the hazard associated with slippery handrails and 
walking surfaces on gangways. Several commenters suggested the use of 
more performance-oriented language (Exs. 6-31, 8-20, NMSA et al.) than 
the proposal. OSHA agrees and has included the language suggested by 
the commenters in the final rule, which has been renumbered as 
Sec. 1918.22(i).
    Final rule Sec. 1918.23, titled ``Jacob's ladders,'' carries over 
language from the current rule. Paragraphs (a) and (b) of this section 
contain criteria for rope ladders, also known as ``Jacob's ladders''. 
In keeping with the previously mentioned public comments regarding 
rearranging this subpart, two paragraphs, proposed as Sec. 1918.23 (e) 
and (f), that address Jacob's ladders have been moved to become final 
rule Sec. 1918.23 (c) and (d). Final paragraph (c) addresses the 
potential for the lower rungs of a Jacob's ladder to be crushed between 
the barge and another structure by requiring that a spacer or 
equivalent means be used to prevent this from occurring. Final rule 
paragraph 1918.23(d) requires that a net or equivalent protection be 
provided if there is a space between the vessel, barge, or other 
structure when using a Jacob's ladder; this provision is designed to 
prevent an employee from falling into the water or from being crushed 
between the barge and other structure. Such rope ladders are often 
provided by the vessel when more traditional means of access cannot be 
used. Nevertheless, the employer (who is often a contractor rendering a 
service to the vessel) must comply with the provisions of this section 
before employees are permitted to use Jacob's ladders.
    Final rule Sec. 1918.24 is a new section titled ``Fixed and 
portable ladders.'' This section was moved from proposed Sec. 1918.25 
``Ladders,'' which included requirements for both fixed and portable 
ladders. For streamlining purposes, the final rule combines the 
requirements for portable ladders contained in the current Longshoring 
Standard with similar requirements contained in Sec. 1917.119 
``Portable ladders.''
    Generally, final Sec. 1918.24 includes much of the current 
Longshoring Standard's language for ladders. Paragraph 1918.24(a) 
requires that a minimum of one ladder be provided for each gang working 
in a hatch and that an effective means of gaining a handhold be 
provided at or near the head of vertical fixed ladders. Paragraph (b) 
requires employers to identify ladders that are visibly unsafe and 
prohibit their use. Paragraph 1918.24(c) requires that portable 
straight ladders be sufficiently long to extend a minimum of 3 feet 
above the upper landing surface and be secured against slipping.
    For fixed ladders, OSHA proposed to change the clearance required 
behind the ladder rungs from four inches (.11 m) to six inches (.16 m) 
on vessels built after December 5, 1981,\7\ in order to be consistent 
with the recommendations of the ILO's Guide to Safety and Health in 
Dock Work (Ex. 1-129). In addition, OSHA's existing Longshoring 
Standard allows that where a fixed ladder has inadequate clearance, a 
suitable portable ladder could be used in its place, and the final rule 
continues to allow this practice. Two commenters addressed the issue of 
clearance. One commenter suggested that OSHA did not give adequate 
compliance time to vessel owners on this issue and stated that the

[[Page 40156]]

six-inch (.16 m) requirement should apply to vessels only after a 
phase-in period or should apply only to vessels contracted for after 
the effective date of the final regulations (Ex. 6-5). The New York 
Shipping Association (NYSA) commented that using a permanent ladder 
with a four-inch (.11 m) clearance would be safer than using portable 
ladders (Ex. 6-16a). Although OSHA agrees with the NYSA comments 
overall, the Agency believes that a six-inch (.16 m) clearance is 
important to employee safety and OSHA also seeks to encourage 
conformance with the international guidelines. To address these 
commenters' concerns, however, OSHA is providing for a phase-in period 
before the six inch (.16 m) clearance requirement becomes effective. 
OSHA believes that this phase-in period will provide adequate time for 
the international shipbuilding community to include this requirement in 
its shipbuilding design criteria. On those vessels built on or after 
four years after the date of the publication of the final rule, fixed 
ladders must have six inches (.16 m) of clearance or more, or another 
means of access must be used. In the interim period, four inches (.11 
m) of clearance is acceptable.
---------------------------------------------------------------------------

    \7\ This is the date when ILO Convention 152, Occupational 
Safety and Health in Dock Work, was put into effect.
---------------------------------------------------------------------------

    Provisions have been added to the final rule at paragraph (g) that 
reference ANSI standards for manufactured portable ladders. New 
provisions for ladder maintenance and usage similar to those found in 
the current Marine Terminals Standard have been added to the final 
Longshoring Standard in paragraph (i).
    Final paragraphs (c) and (e) of Sec. 1918.24 recognize that, as an 
alternative to securing the ladder, an employee(s) may hold a portable 
ladder in place while another employee is climbing. The final phrase 
reads ``positively secured or held against shifting or slipping while 
in use'' and is consistent with the PMA-ILWU Safety Code, Rule 1506 
(Ex. 1-145).
    In addition, to clarify final paragraph (e), where the employer can 
show that employees can safely use the cargo itself to climb in and out 
of the hold (often called ``safe cargo steps''), a straight ladder is 
not necessary.
    Paragraph (f) of the final rule sets out the requirements for rung 
strength, spacing, and positioning, and establishes the widths between 
side rails required for ladders of various heights.
    As mentioned above, paragraph (g) establishes standards for 
manufactured portable ladders by cross-referencing the appropriate ANSI 
requirements for portable wood ladders, portable metal ladders, and 
portable reinforced plastic ladders.
    In paragraph (h) of the final rule, minimum requirements are set 
forth for job-made portable ladders. These requirements address 
between-rung distances, strength requirements, and width between side 
rail requirements.
    The requirements in final rule paragraph (i) cover maintenance and 
inspection requirements for portable ladders. They identify the kinds 
of defects that require employers to take ladders out of service, 
either by tagging the ladder or removing it from the vessel. In 
addition, paragraph (i)(2) states that ladders must be inspected for 
defects before each day's use and after any event that could damage the 
ladder.
    Paragraph (j), which includes provisions addressing ladder usage, 
acknowledges that while some ladders may not have slip-resistant bases, 
they can be positively secured against shifting or slipping while in 
use (paragraph (j)(2)). The language of this paragraph allows 
``holding'' as an alternative to ``lashing'' to be consistent with 
paragraphs (c) and (e) of this section. Other provisions of paragraph 
(j) prohibit the use of single-rail ladders, the use of ladders as 
guys, braces, or skids, or as platforms, runways, or scaffolds. Other 
safety procedures and prohibitions are also included in this paragraph.
    Final Sec. 1918.25, which addresses bridge plates and ramps used to 
span the gap between the vessel and another vessel or the dock, 
combines the current language of the Longshoring Standard's provisions 
with the terms that apply to similar shoreside equipment (see 
Sec. 1917.124). In the proposal, OSHA would have required sideboards 
that are at least six inches (.16 m) high. OSHA also proposed to 
require the same six inch (.16 m) sideboards for dockboards and ramps 
in the Marine Terminals Standard, Sec. 1917.124(c)(5) and (d)(1). The 
six-inch height is the same as that for ``bull rails'' that were in 
place on the effective date of the Marine Terminals Standard 
(Sec. 1917.112). Bull rails, frequently railroad ties, are placed 
around the edge of the dock of a marine terminal and are used to 
prevent equipment from falling into the water. Based on the height 
requirement for bull rails in the Marine Terminals Standard, OSHA 
believed that six inch sideboards would prevent vehicles and equipment 
from accidentally falling off the edge of a bridge plate or ramp.
    Several commenters expressed reservations about the six-inch 
sideboard requirement on the grounds that it was too high or was 
unnecessary (Exs. 6-16a, 6-29a, 6-31a, 6-36, 80, SEA Tr. pp. 171-172, 
242-243, 385-389, 422-423, NO Tr. pp. 158-160, 164, 384-386). These 
commenters felt that six-inch sideboards on dockboards would create a 
tripping hazard, would interfere with forklift operations, or would 
fail to provide additional safety benefit. Other commenters (Exs. 6-
29a, 6-36) suggested OSHA use ANSI Standard MH14.1 as a guide; that 
ANSI standard recommends a sideboard height of two and three-quarters 
of an inch. Others stated their preference that performance language 
and grandfathering of existing ramps would be appropriate (NO Tr. pp. 
386, 432).
    John Faulk of NMSA, at the public hearings in New Orleans, stated 
that bridged distances rarely exceed several inches in the industry (NO 
Tr. p.158). In addition, he said that there are thousands of ramps and 
bridge plates in the industry that would not meet the 6-inch height 
requirement and would thus require retrofitting with sideboards and 
noted further that there are no accident data to justify such a 
modification. In its post hearing comment, NMSA estimated that there 
were 35,000 ramps and bridge plates that would require modification 
under the proposal (Ex.80). NMSA estimated that it would cost $36 
million to retrofit each of these ramps and bridge plates with 
sideboards.
    After a thorough review of the record, OSHA concludes that six 
inches is an appropriate height for ``bull rails,'' but not for 
sideboards. As commenters noted, sideboards of that height could cause 
a tripping hazard and interfere with safe operations.
    OSHA has reviewed the ANSI standard (MH14.1) and OSHA's proposed 
standard on Walking/Working Surfaces and Protective Equipment (Fall 
Protection Systems) (29 CFR 1910 subpart C) (55 FR 13360). In 
accordance with the ANSI standard and OSHA's proposal, when the space 
to be spanned is less than three feet (.91 m), no sideboard is 
necessary, because the space is not large enough to allow machinery 
such as a powered industrial truck to fall through. However, OSHA 
believes that sideboards, or some alternative, are necessary on 
dockboards and bridge plates spanning a gap greater than three feet. 
OSHA believes that three feet (.91 m) is a large enough opening to 
allow equipment to fall to a lower level, injuring the driver. In the 
final rule, OSHA has decided to use performance language similar to 
that in the proposed rule for Walking and Working Surfaces and 
Protective Equipment (Fall Protection Systems) (29 CFR 1910 subpart C) 
(55 FR 13360); thus, the final rule stipulates only that bridge and car 
plates be designed to

[[Page 40157]]

prevent vehicles from running off the edge (paragraph 1918.25(a)(4)) 
and that portable ramps be similarly designed (paragraph 
1918.25(b)(5)). In addition, footnotes provide specification and 
compliance guidance on sideboard heights when the gap to be bridged is 
greater than 36 inches.
    Paragraph (b) addresses portable ramps used afloat. Except for the 
requirement for sideboards, the final language remains the same as that 
proposed.
    Final rule Sec. 1918.26, Access to barges and river towboats, was 
numbered Sec. 1918.23 in the proposal. This section has been treated 
separately in the final regulation because some barge operations, 
particularly those conducted in the Mississippi River system (see 
definition at Sec. 1918.2), are unique.
    Final rule paragraph (a) sets out criteria for ramps used to gain 
vehicular access to or between barges. Of primary importance is that 
such ramps be of sufficient strength for the intended load. Although 
the railings required by Sec. 1918.25(b)(2) are not required on these 
vehicular ramps, as stated in paragraph (a), the ramps must be equipped 
with sideboards that will prevent vehicles from falling off the edge. 
Except for the railing requirement, ramps used for vehicle access to or 
between barges must meet all of the requirements of Sec. 1918.25.
    Final rule paragraph 1918.26(b) remains the same as proposed; it 
addresses employee passage to and from certain floating craft. Under 
favorable conditions, it is sometimes possible to pass to and from such 
vessels without the aid of any additional means of access. In 
unfavorable conditions, however, this paragraph sets forth the 
provisions required for safe passage. These range from a straight 
ladder to a Jacob's ladder or other safe means of access. Of 
significance is the exception that recognizes the practical 
difficulties that may be encountered on the Mississippi River system in 
providing traditional access. Historically (Ex. 1-98), this exception 
is based on tidal and current conditions on the Mississippi system.
    Final rule paragraph (c) addresses the situation where a barge or 
raft is being worked alongside a larger vessel. Unless other safe means 
of access is provided, paragraph (c) requires a maximum of two Jacob's 
ladders for any single barge or raft being worked. This is consistent 
with the requirement in Sec. 1918.24(a) that requires no more than two 
access ladders in a hatch. In final paragraph (c), the term ``gang'' is 
used to refer to a group of longshore workers assigned to a particular 
hold, deck, etc. on a ship to load or discharge cargo. The use of this 
term is consistent with its use elsewhere in this final rule.
    Final rule paragraph (d) mandates that barges on which longshoring 
operations are taking place must be secured to the vessel, wharf, or 
dolphins. The purpose of this provision is to prevent workers from 
falling into the water while handling cargo.
Subpart D--Working Surfaces
    Subpart D, Working Surfaces, addresses the hazards associated with 
slips, trips, and falls that are common causes of injuries in the 
marine cargo handling industry.
    OSHA clearly understands that many hazards addressed by this and 
other subparts represent working environments and physical 
characteristics that are encountered much less frequently now than when 
the Longshoring Standards were last revised. This primarily is a result 
of the evolution of handling cargo in intermodal containers rather than 
as break bulk. However, OSHA believes those conventional break-bulk 
cargo handling methods, together with the more traditional vessel 
characteristics, such as a yard and stay cargo handling gear and 
hatches covered by hatch boards, are still encountered at U.S. ports. 
In the proposal, OSHA requested comment from the public on the issue of 
obsolete regulations, primarily those that addressed methods of cargo 
handling that are no longer used. OSHA also received testimony on this 
issue (SEA Tr. pp. 133-134).
    It has been pointed out to OSHA, particularly at the West Coast 
public hearing, that ex-Soviet bloc vessels that were once not allowed 
to enter some United States ports, due to security reasons, are now 
allowed to enter. Some of these vessels have cargo handling gear and 
hatch coverings that had virtually disappeared from ports in the United 
States. In the final rule, OSHA is retaining many provisions that might 
otherwise have been considered obsolete because they still have 
application to these vessels. To illustrate, Sec. 1918.31(d) prohibits 
the placing of poorly fitting hatch covers and hatch beams that would 
constitute a work surface. As a practical matter, seeing vessels at 
U.S. ports fitted out with hatch beams is rare. However, such 
situations do still arise.
    Section 1918.31, ``Hatch coverings,'' (paragraphs (a), (b), (c), 
(d), and (e)) retains the same requirements as the current and proposed 
regulation, except that some editorial changes have been made for 
clarity.
    Paragraph 1918.32, ``Stowed cargo and temporary landing surfaces,'' 
addresses surfaces used temporarily to load cargo, fall hazards posed 
by the edges of hatch sections or by stowed cargo, and fall hazards 
posed by gangs working on different levels of the hatch (paragraphs 
(a), (b), and (c), respectively). Paragraph (a) specifies that 
temporary surfaces used to land a load be of sufficient size and 
strength to allow employees to work safely, that edges of hatch 
sections or of stowed cargo be guarded by a safety net or equivalently 
protective means, and that employees working in the same hatch but at 
different levels be protected from falling by safety nets. The 
requirements in this paragraph are essentially identical to those in 
the existing rule and have only been modified minimally for clarity.
    Final rule paragraph 1918.32(b) has been revised to address changes 
that have occurred in technology and work practices since OSHA's 
original Longshoring Standard was adopted. This paragraph does not 
apply to employees working on top of intermodal containers, whether 
above or below deck, because such work is now covered by Section 
1918.85(j), ``Fall protection'' (for a more detailed discussion of this 
issue, see the preamble to Sec. 1918.85(j), below). Instead, section 
1918.32 applies when employees are working non-containerized cargo in 
the hold and are exposed to falls of more than eight feet (2.4 m); it 
requires that the edge of the working surface be guarded by a safety 
net or that other means of fall protection (such as guardrails or fall 
arrest systems) be used to prevent employee injury. This fall distance 
of 8 feet comes from the original Longshoring safety rules promulgated 
under the Longshoremen and Harborworker's Compensation Act (33 U.S.C. 
901) in 1960 and is reflected in the existing rule. Rule 1016 of the 
Pacific Coast Marine Safety Code (PCMSC) (Ex. 1-145) is very similar to 
this paragraph, although the OSHA provision has been written to reflect 
a more performance-oriented approach. In addition, instead of 
specifying the precise fall distance, distance to the edge, and so 
forth that triggers fall protection in individual provisions, OSHA has 
defined the term ``fall hazard'' in the Definitions section 
(Sec. 1918.2). A discussion of the definition of ``fall hazard'' can be 
found in subpart A.
    It is essential that employees satisfy the intent of this provision 
and do not merely appear to comply with it. Many times, particularly 
when safety nets have been rigged, they have been allowed to become 
very slack, and have

[[Page 40158]]

even in some cases been secured only at their top ends. The improper 
rigging of safety nets compromises or even removes the protection 
provided to falling employees.
    This paragraph has also been revised to distinguish between the 
purpose and use of vertical safety nets, which rise at right angles at 
the perimeter of a work surface to prevent employees from falling, and 
trapeze nets, which are designed to be placed horizontally below a 
raised work surface to prevent falling employees from striking the 
surface below.
    OSHA proposed to require that the safety nets specified in this 
section meet the requirements of ANSI A10.11, ``Personnel and Debris 
Nets.'' One commenter wrote:

    Rigging and testing nets under ANSI regs in maritime conditions 
may not be possible such as providing outriggers for horizontal 
distance. This regulation was written for long-term construction 
projects where nets can be rigged, tested and left in place. (Ex 6-
36).

    Commenters also pointed out that ships often supply the safety nets 
and that requiring a foreign vessel to provide a net that meets ANSI 
specifications may be difficult. Other commenters also opposed 
including the reference to the ANSI standard (Exs. 6-16a, 6-29a, 6-36, 
8-8, 8-20). After considering the international implications of this 
provision as proposed, OSHA agrees with these commenters and has 
deleted the reference to ANSI A10.11 in the final rule. In its place, 
OSHA has added performance language suggested by the National Maritime 
Safety Association--``Safety nets shall be maintained in good condition 
and be of adequate strength for the purpose intended'' (Ex. 8-20).
    The language in Sec. 1918.32(c), which requires that gangs working 
at different levels of the same hatch be protected by nets from falling 
themselves or from being crushed by falling cargo, is unchanged from 
the proposed provision. However, because this paragraph, like paragraph 
(b), requires the use of safety nets, OSHA has included identical 
performance language in this paragraph, i.e. that ``Safety nets shall 
be maintained in good condition and be of adequate strength for the 
purpose intended.''
    Final Sec. 1918.33, titled ``Deck loads,'' addresses the safe 
performance of work on or around deck loads; it has been carried over 
from the current rule and the proposal and is unchanged in the final 
rule. It requires that employees be prohibited from passing over or 
around deck loads except where safe passage exists (paragraph (a)). 
This requirement is designed to protect employees from falling or being 
crushed by falling cargo. Paragraph (b) of the final rule requires 
employees giving signals to crane operators to have safe passage if 
they walk over deck loads from rail to coaming; absent such safe 
passage, this provision prohibits these employees from walking over 
deck loads. In situations where it is necessary for the employees 
giving signals to stand or walk at the outboard or inboard edge of a 
deck load having less than 24 inches (.61 m) of bulwark, rail, coaming, 
or other protection, those employees must be provided with fall 
protection equivalent to that provided by a safe passageway, i.e. with 
a guardrail, personal fall protection system, or other equally 
effective means.
    Some commenters (Ex. NMSA et al.) recommended that OSHA not include 
this section in the final rule because, in their opinion, it is 
redundant with provisions in Sec. 1918.32 and Sec. 1918.91. However, 
OSHA does not agree with these commenters, because Sec. 1918.32 
addresses working below deck and section 1918.91 addresses 
housekeeping. Mr. Douglas Getchell, a member of the Pacific Coast 
Marine Safety Code Committee, International Longshoremen's and 
Warehousemen's Union, agrees with OSHA on this point; at the hearing, 
he testified that Sec. 1918.32 and Sec. 1918.91 only ``peripherally 
apply'' to conditions found when working deck loads. He stated that, 
since Sec. 1918.33 is more specific to the subject, it should not be 
deleted (NO Tr. pp.246-250).
    Final rule Sec. 1918.34, ``Other decks,'' includes requirements to 
protect longshore workers from being injured while working on other 
decks, e.g. skeleton decks, mechano decks. Paragraph (a) prohibits the 
working of cargo on any deck that was not designed to support a load of 
the weight being worked, and paragraph (b) requires that grated decks 
be properly placed, supported, maintained, and designed to support 
employees; grated decks that do not meet this requirement may not be 
used to work cargo. OSHA proposed to change the title of this section 
of the existing rule, which is ``Skeleton decks,'' to ``Other decks'' 
and received support from commenters to make this change (Ex. 8-20, 
NMSA et al.). Accordingly, the final rule section is titled ``Other 
decks.''
    Final rule Secs. 1918.35 and 1918.36 address hazards longshore 
workers face when conducting operations around open weather deck 
hatchways or when weather deck rails are removed to conduct cargo 
operations. Vessels calling at U.S. ports are of varied designs and 
capabilities. Some vessels have coamings, which are the vertical 
structures that surround the hatch opening on a ship, that are much 
higher than the section 1918.35's minimum acceptable range (36 to 42 
inches (.91 to 1.07 meters)), while other vessels may have no hatch 
coamings but have flush decks or decks with a short sill. Decks of the 
latter two types pose substantial fall hazards to longshore workers. 
Sections 1918.35 and 1918.36 require that, when employees work around 
the perimeter of open hatchways that are not protected to a height of 
24 inches (.61 m) on vessels with low or no hatch coamings, appropriate 
guarding, such as that provided by taut lines or barricades, must be 
provided to a height of 36 to 42 inches (.91 to 1.07 m) on all but the 
working side of the hatch (Sec. 1918.35). Weather deck rails must be 
kept in place except when cargo is being worked, and they must be 
replaced after cargo operations are finished (Sec. 1918.36). These 
provisions were widely supported (Ex. NMSA et al.), and these sections 
are unchanged from the proposal.
    Final Sec. 1918.37, ``Barges,'' addresses the fall hazards 
associated with working on the decks of lighters and barges. Final 
paragraph (a) prohibits the use of marginal (less than three feet (.91 
m) wide) deck space along the sides of covered lighters or barges on 
all such vessels having coamings more than five feet (1.5 m) high but 
allows an employer to provide, instead, a taut handline or a 
serviceable grab rail. Two commenters (Exs. 6-18, 6-42) asked OSHA to 
allow existing barges to be ``grandfathered'' from compliance with 
Sec. 1918.37(a) on the grounds that ``Many barges currently in service 
do not meet the three-foot standard [the width for walkways]. Rather 
the walkways on these barges are only 18-24 inches in width'' (Ex. 6-
18). OSHA is not providing such an exemption in the final rule because 
this requirement has been in place since the 1960's, and it allows 
considerable compliance flexibility, e.g. the use of a taut handline or 
a serviceable grab rail in lieu of a 3-foot wide walkway. This 
requirement is essentially identical to that proposed.
    Final rule paragraph (b) prohibits working or walking on barge 
decks that have not been visually inspected to ensure that they are 
structurally sound and have been maintained properly. The visual check 
of such decks must be done before loading operations begin. If during 
discharge operations an unsafe surface is discovered, work must be 
stopped until protective measures are taken (such as bridging the 
unsafe surface with steel plate or barricading a deck section deemed 
unsafe). This provision is essentially unchanged from

[[Page 40159]]

the corresponding provision in the proposal.
    Proposed Sec. 1918.38, titled ``Log rafts,'' which was a new 
section in the proposal, has been moved to subpart H, ``Handling 
Cargo'' in the final rule. It has been combined with Sec. 1918.88, 
``Log operations,'' so that all requirements dealing with handling logs 
from the water are in the same section, as suggested by several 
commenters (Exs. 78, PMA et al., SEA Tr. p. 397, pp. 410-411). A 
discussion of log rafts is found below in subpart H.
Subpart E--Opening and Closing Hatches
    Final subpart E, titled ``Opening and Closing Hatches,'' remains 
very similar to the corresponding subpart of OSHA's current Longshoring 
Standard. This subpart addresses the hazards presented to employees by 
the opening and closing of covers designed to protect cargo from the 
elements. The principal hazards include employees falling into the hold 
while removing or replacing hatch covers and hatch beams and employees 
being struck by covers and beams as these articles are moved. The 
proposed language received widespread support from commenters (Exs. 
NMSA et al., PMA et al) and are thus essentially unchanged in the final 
rule. OSHA is retaining sections in subpart E that address methods of 
covering hatches, such as with hatch boards, even though these methods 
have largely been replaced by more modern or automated methods or 
equipment. In both written comments and testimony, participants stated 
that vessels that require these older methods of covering hatches are 
still worked in U.S. ports and thus that OSHA should retain these 
requirements in the final rule (Ex. 8-20; SEA Tr. pp. 134-135).
    Final rule Sec. 1918.41, ``Coaming clearances,'' addresses the fall 
hazards associated with such clearances. Paragraph (a) addresses 
weather deck clearances and requires that when a smooth-sided deck load 
more than 5 feet high is stowed within three feet (.91 m) of the hatch 
coaming, and the coaming height is less than 24 inches (.61 m), a taut 
handline must be provided along the side of the deckload so that 
employees are able safely to remove or replace hatch beams and covers. 
This provision is essentially identical both to the corresponding 
provision of the existing standard and the proposed rule; it is also 
similar to requirements in the NYSA/ILA Joint Maritime Safety Code--
part C/Rule 38 (Ex. 1-2) and the PCMSC--Rule 1007 (Ex. 1-145).
    Final rule paragraph (b) is titled ``Intermediate decks.'' 
Paragraph (b)(1) requires that a three-foot (.91 m) clear work area be 
provided for intermediate deck hatchways before employees remove or 
replace these hatch beams or covers when a fall hazard exists. 
Paragraph (b)(1) also states an exception where the 3-foot clearance is 
not required when no fall hazard exists; for example, such a clearance 
is not necessary on the covered portion of a partially open hatch or 
when the lower deck has been filled to hatch beam height with cargo 
that itself provides a safe working surface. Paragraph (b)(2) 
specifically recognizes that a fitted grating can be considered part of 
the actual deck or working space if it is in good condition and is 
properly spaced within the 3-foot area. In addition, OSHA has dropped 
the reference to ``banana'' gratings found in the Agency's current 
longshoring regulation because it is an obsolete term.
    Final rule paragraph (c) addresses the hazard of falling where, 
because of wing-space structures or spare parts storage, coaming 
clearance is reduced below the required 3-foot clearance. It requires 
employers to provide grab rails or taut hand lines in such cases.
    Final paragraph (d) states that this section (Sec. 1918.41) does 
not apply where the opening and closing of hatches is accomplished by 
mechanical means that eliminate the need for employees to place or 
remove individual sections manually. However, whenever a three-foot 
clearance does not exist, means shall be taken to adequately secure 
cargo that is stowed within three feet (.91 m) of the edge of the hatch 
to prevent cargo from falling into the hold.
    Final rule Sec. 1918.42, ``Hatch beam and pontoon bridles,'' is 
carried over in its entirety from OSHA's current longshore rules, 
although some editorial changes have been made for clarity. Provisions 
in this section address the hazards of handling hatch beams and 
pontoons, such as falling into the hatch or being struck by these 
removable items. Equivalent rules can be found in section two of the 
PCMSC (Ex. 1-145) and parts C and O of the NYSA/ILA Joint Maritime 
Safety Code (Ex. 1-2).
    Paragraph (a) of final rule Sec. 1918.42 requires that hatch beams 
and pontoon bridles be long enough to fit their attachment points 
easily, be strong enough to lift the load safely, and be properly 
maintained. Paragraph (b) requires that bridles for lifting hatch beams 
be equipped with attachment devices, such as toggles, that cannot 
become accidentally dislodged. It also prohibits the use of hooks other 
than those specified in paragraph (b) unless such hooks are hooked into 
the standing part of the bridle.
    Paragraph (c) requires that bridles used for lifting pontoons and 
plugs have the number of legs required by the design of the pontoon or 
plug and that all legs be used. Any legs that are not used must be hung 
on the hook or ring to prevent them from swinging free.
    Paragraph (d) requires that at least two legs be fitted with a 
fiber rope lanyard that is a minimum of 8 feet long, is in good 
condition, and has a bridle end that is made of chain or wire. The 
purpose of all of the requirements in Sec. 1918.42 is to ensure proper 
manual guidance of the lift.
    Final Sec. 1918.43, ``Handling hatch beams and covers,'' has also 
generally been carried over from OSHA's existing longshore rules, with 
some editorial changes made for clarity. Provisions in this section 
address the hazards associated with the handling and stowing of hatch 
boards, hatch beams, and pontoons; examples include employees or hatch 
covers falling into the hatch or employees being struck by improperly 
stowed items. Similar requirements are found in Section X of the PCMSC 
(Ex. 1-145), part O of the NYSA/ILA code (Ex. 1-2), and ILO Convention 
152.
    Paragraph (a)(1) requires that hatch covers or pontoons stowed on 
the weather deck adjacent to hatches must be positioned in stable piles 
that are a minimum of 3 feet from hatch coamings. An exception to this 
requirement is permitted in the situation where hatch covers or 
pontoons are spread one high between the coaming and bulwark on the 
working side of the hatch and there is no space between them (providing 
that the coaming is at least 24 inches high). Paragraph (a)(1) also 
prohibits hatch covers and pontoons from being stacked higher than the 
coaming or bulwark on the working side of the hatch.
    Paragraph (a)(2) prohibits hatch boards or other covers that have 
been removed from the hatch beams in a section of the hatch that has 
been partially opened for the purpose of being worked, cleaned, or used 
for other operations from being stowed on those covers or boards in the 
hatch that have been left in place. This provision applies to seagoing 
vessels only.
    Final rule paragraph (b) stipulates that hatch beams be laid on 
their sides or be stood on their edges and be lashed together except in 
cases where the hatch beams have flanges: (1) Whose width is at least 
50 percent of the height of the web and (2) that rest flat on the deck 
when the hatch beam is stood upright.

[[Page 40160]]

    Paragraph (c) addresses the potential dislodgement of strongbacks, 
hatch covers, or pontoons. It requires that, when such items are placed 
on the weather deck, they be placed so as not to obstruct clear fore-
and-aft and coaming-to-bulwark passage and be lashed or otherwise 
secured. In addition, this paragraph requires that dunnage or other 
suitable material be positioned under each tier of strongbacks or hatch 
covers to prevent them from slipping; this provision applies only when 
such items are stowed on steel decks.
    In paragraph (d), the final rule requires employers to take 
precautions designed to protect workers from falling hatch covers and 
strongbacks. It stipulates that hatch covers and strongbacks unshipped 
in an intermediate deck be placed a minimum of 3 feet from the coaming 
or be removed to another deck altogether, except that strongbacks may 
be placed a minimum of 6 inches from the coaming if they have been 
secured so that they cannot tip over or be dragged into the lower 
compartment.
    To prevent accidental displacement, paragraph (e) requires that any 
hatch beam or pontoon left next to an open hatch section being worked 
must be locked or otherwise secured. In addition, unless portable, 
manually handled hatch covers (including those that have been bound 
together to form a single larger cover) have been securely lashed, they 
must be removed from sections being worked and adjacent sections.
    Paragraph (f)(1) of the final rule mandates that the roller hatch 
beam at the edge of the open section of the hatch be lashed or pinned 
back to prevent it from being dislodged and falling through the open 
hatch. Similarly, paragraph (f)(2) requires that rolling, sectional, or 
telescoping hatch covers on barges that open in the fore and aft 
direction be secured against movement when they are in the open 
position, and paragraph (g) requires similar precautions for hinged or 
folding hatch covers when in the upright position (except in cases 
where the design of the system precludes unintentional movement).
    Paragraph (h) prohibits the opening or closing of hatches while 
workers are in the square of the hatch below. This prohibition is 
necessary to prevent hatch beams or covers from dislodging and falling 
on the employees working on the lower level.
    In the final rule, paragraph (i), which was a newly proposed 
provision, addresses the hazards of unsecured materials. Lashing wires, 
rods, and twist locks are often left on top of a hatch cover after the 
cargo has been discharged. These items can fall from the covers when 
the covers are being moved and injure employees, and this provision 
thus requires that all such materials be removed from the hatch cover 
or be secured before the hatch cover is removed. The words ``or secured 
to prevent them from falling off the cover'' has been added to the 
proposed language to recognize that, in addition to removing such 
materials, employers can achieve the required protection by securing 
these items to the hatch cover.
    Final rule Sec. 1918.43(j) requires that hatch covers or night 
tents be used to cover hatches, and that any covering that only 
partially covers a hatch, such as alternating hatch covers or dunnage 
strips, may not be covered by a tarpaulin. The reason for this 
prohibition is that employees could fall through the tarpaulin and 
partial covering. However, paragraph (i) allows an exception: 
tarpaulins may be used to cover an open or only partially covered hatch 
if they are used to reduce dust during bulk cargo loading and if 
positive means, such as barricades with placards, have been taken to 
ensure that employees do not walk on the tarpaulin. Verbal warnings, 
instructions or placards alone will not satisfy this provision. The 
exception has been added to the final rule, although the rest of this 
provision is similar to a paragraph in OSHA's existing Longshore 
Standard.
Subpart F--Vessel's Cargo Handling Gear
    Subpart F applies to all gear and equipment used in cargo handling 
that is the property of the vessel. Examples of such equipment include 
cranes, derricks, specialized bridles, winches, wire rope, and 
shackles. This subpart addresses the hazards associated with that gear, 
such as using faulty gear, overloading or improperly rigging cargo 
gear, or the improper operation of cargo gear, which can result in 
serious injury or death (Ex. 1-103.).
    Mr. Ronald Signorino, the Director of Health, Safety and Regulatory 
Affairs for Universal Maritime Services, described the diminishing 
amount of break-bulk cargo being handled with conventional cargo gear 
since the advent of containerized cargo (Ex. 6-35). He stated that 
traditional cargo handling expertise had become a ``lost art'' and 
therefore recommended that language be included in the final rule 
addressing the proper rigging and operating of conventional cargo gear. 
He reasoned that, since some cargo is still handled by conventional 
methods, including recommendations addressing the correct spotting of 
cargo handling gear would provide employees unfamiliar with such gear 
with guidance on its safe operation. Mr. Signorino noted that 
improperly spotted conventional cargo handling gear can fail, which 
causes the gear and cargo to fall and can lead to serious injury. OSHA 
agrees and has added this information in non-mandatory Appendix III.
    Section 1918.51 contains general requirements that apply to all 
cargo handling equipment that is permanently attached to a vessel. 
Final rule paragraph (a) remains essentially the same as proposed and 
stipulates that the safe working load of the gear, whether marked on 
the lifting appliance itself or specified in the required certificates/
gear register, may not be exceeded. It also specifies that any 
limitations imposed by the authority responsible for certificating the 
gear be followed.
    Final rule paragraph (b) requires that each component of ship's 
cargo handling gear be inspected by the employer (or his or her 
designee) before every use and at appropriate intervals during use. 
This paragraph clarifies the corresponding requirement in OSHA's 
existing Longshore Standard by making clear that the employer has an 
obligation to do a visual inspection. One commenter, the International 
Cargo Gear Bureau, Inc. (ICGB), pointed out that the proposed paragraph 
would have limited the designees to ``representatives of the 
employer,'' which was not OSHA's intent (Ex. 6-22). OSHA has revised 
the language of the final rule to say, ``designated person.''
    Referring to the same paragraph, Sec. 1918.51(b), another 
commenter, the National Maritime Safety Association (NMSA), suggested 
that OSHA add the words ``and when necessary'' before the words ``at 
intervals during use'' (Ex. NMSA et al.). However, OSHA disagrees with 
this comment because the Agency believes that, during use, events could 
occur or conditions arise that would suggest to a prudent operator that 
an unscheduled visual inspection may be necessary. OSHA agrees with 
NMSA that the inspection intervals required by the final rule should be 
qualified but believes that the word ``appropriate'' captures the 
desired meaning better than the suggested word ``necessary.'' The final 
rule reflects this determination.
    In final paragraph (c), employers are required to determine the 
load ratings of all wire ropes and rope slings presented in the 
vessel's wire rope certificate and to observe these ratings when using 
this gear.

[[Page 40161]]

    Final rule paragraph (d) provides criteria for splicing wire rope 
and for wire rope configuration characteristics and is essentially 
unchanged from the corresponding paragraph of the proposal. It 
addresses eye splices, requirements for wire rope used in lifting, 
natural and synthetic fiber rope slings, and chains. Additionally, this 
paragraph brings the Longshore regulations for wire rope into 
conformity with the same criteria as those in OSHA's rules for 
shoreside marine cargo handling equipment (Sec. 1917.42) and thus 
reflects OSHA's effort to maintain consistency between parts 1917 and 
1918 and to enhance employee safety.
    Final rule Secs. 1918.52, 1918.53, and 1918.54 all address the 
subject of rigging and operating vessel's cargo handling gear. The 
requirements of these sections are essentially the same as those 
parallel provisions found in the existing and proposed rules, although 
some language modifications have been made to enhance clarity.
    Final rule Sec. 1918.52, ``Specific requirements,'' contains 
provisions addressing preventers, stoppers, falls, heel blocks, coaming 
rollers, and cargo hooks. Paragraphs (a)(1) and (a)(2) mandate that 
preventers have sufficient strength to achieve their purpose and be 
properly secured to the head of the boom (unless, for cast fittings, 
the strength of the fitting exceeds the strength of all lines secured 
to it (paragraph (a)(1)) and that wire rope clips and knots not be used 
to form eyes in or join preventer guys (paragraph (a)(2)).
    Paragraphs (b) (1), (2), and (3) contain requirements for the 
condition, configuration, strength, and securing of chain topping lift 
stoppers. These requirements are essentially unchanged from the 
parallel provisions of the proposal. OSHA solicited comment in the 
proposal regarding whether or not to delete Sec. 1918.52(b) as 
obsolete. This paragraph addresses the use of chain topping lift 
stoppers and clamp type stoppers that are used manually to lower and 
raise the boom. This method of topping the boom is a potentially 
dangerous operation and has been largely replaced by the use of 
electric topping lift winches that do not require the use of stoppers. 
As noted earlier, however, vessels continue to call on U.S. ports 
equipped with this older equipment. Such vessels will need to be 
addressed by Sec. 1918.52(b), as noted in the comments (Ex. NMSA et 
al.). OSHA agrees and has accordingly left this requirement in the 
final rule.
    Paragraph (c) specifies requirements for the securing, conditions 
of use, formation of, and winding of the fall on the drum. Again, no 
comments were received on these provisions, which are essentially 
unchanged from those proposed. These provisions are designed to ensure 
that winch falls do not slip, break, or release while cargo is being 
lifted.
    Heel blocks are covered by the requirements of paragraph (d). 
Paragraph (d)(1) requires that a preventer or equally effective means 
be used to hold the block in the event of heel block attachment 
failure. In paragraph (d)(2), OSHA requires that, in cases where the 
heel block is not so rigged as to prevent its falling when not under 
strain, the heel block must be secured, except where the heel block is 
at least 10 feet above the deck at its lowest point.
    Paragraph (e) of the final rule requires portable coaming rollers 
to be secured by wire preventers, while paragraph (f) specifies that 
cargo hooks be as close to the junctions of falls as the assembly 
permits, but in all cases within 2 feet of the assembly. Paragraph (f) 
applies only to vessels and operations where fall angles greater than 
120 degrees occur.
    Cargo winches are covered in Sec. 1918.53 of the final rule. 
Paragraph (a) stipulates that the moving parts of winches or other deck 
machinery be guarded to prevent employees from being caught in or 
between moving parts. According to paragraph (b), winches may not be 
used if control levers operate either with excessive play or friction; 
paragraph (c) prohibits the use of double gear winches or other winches 
equipped with a clutch unless a positive locking mechanism to lock the 
gear shift is provided. When the gears on a two-gear winch are being 
changed, paragraph (d) prohibits any load on the winch other than the 
fall and cargo hook assembly.
    Paragraph (e) requires that any defect or malfunction that has the 
potential to affect safety be reported immediately to the officer in 
charge and that the winch in question not be used until the defect or 
malfunction has been corrected. The proposal added the following 
language to this paragraph: ``* * * and the winch shall not be used 
until the defect or malfunction is corrected.'' This addition was 
supported by the International Longshoremen's and Warehousemen's Union 
(Ex. 19). In addition, several comments were received regarding the 
phrase ``Any defect or malfunction of winches that affects safety * * 
*.'' These commenters stated that the language was too broad and that 
the less specific language in OSHA's existing standard should be 
retained instead (Exs. NMSA et al., PMA et al.). Other commenters 
agreed with the proposed language, however (Ex. 19, NO Tr. pp. 250-
251). OSHA finds NMSA's and PMA's arguments unconvincing because the 
Agency believes that employers will benefit from the more specific 
requirement. However, the final language has been modified for clarity 
to say ``Any defect or malfunction of winches that could endanger 
employees * * *''.
    Paragraph (f) requires that temporary seats or shelters for winch 
drivers not be used if they create a hazard to the operator or other 
employees (e.g. a ``plywood roof'' that obstructs the view of the 
operator). In addition, paragraph (g) prohibits winch drivers from 
using control extension levers that have not been provided by the 
employer or the ship (except for short handles on wheel-type controls). 
If used, such levers must be of adequate strength and be securely 
fastened. Any extension lever that tends to fall under its own weight 
must be counterbalanced, according to paragraph (h).
    In paragraph (i) of the final rule, OSHA requires that winch brakes 
be monitored during use, and that those that are not able to hold the 
load be removed from service. As proposed, this requirement mandates 
that winches be monitored during operation. One commenter suggested 
that the phrase ``monitored for performance'' be more fully explained 
in the final rule (Ex. 6-46). In response, OSHA notes that the 
requirements in Sec. 1918.53 are directed to the employer of the 
employees who operate the winches to load and unload cargo. If, during 
operation, it is observed that the winch brakes do not prevent the 
cargo gear from lowering or slipping while under a load, the winch must 
be removed from service. To provide the specifics requested by this 
commenter, the language of paragraph (i) now reads as follows: ``(i) 
Winch brakes shall be monitored during use. If winch brakes are unable 
to hold the load, the winch shall be removed from service.''
    The requirement at paragraph (j) states that winches may not be 
used if one or more control points are not operating properly, and 
further specifies that employees are not permitted to tamper with or 
adjust the winch controls. Both of these requirements are designed to 
ensure the safety of hoisting and lowering operations performed with a 
winch.
    To ensure that unattended winch controls are not tampered with or 
adjusted, paragraph (k) requires that the control levers of unattended 
winches be placed in the neutral position and that the power be shut 
off or the control lever be locked. As proposed, a

[[Page 40162]]

feasibility exception that is included in OSHA's existing Longshore 
Standard has been deleted because it was based on a winch design 
feature that is no longer in use today because of technological 
improvements.
    Section 1918.54, entitled ``Rigging gear,'' addresses the hazards 
associated with the unsafe practice of rigging guys or preventers so 
that they chafe against other guys, preventers, or stays. Such chafing 
can cause the vessel's cargo gear to fail because the chafing can cause 
the wires to separate, leading to possible serious injury or death as 
the gear and cargo fall down on the deck or into the hold. Several 
commenters supported the inclusion of this paragraph in the final rule 
(Ex. NMSA et al.).
    Paragraph (a) requires each guy or preventer to be placed in a 
manner that prevents it from contacting any other guy, preventer, or 
stay, and paragraph (b) requires that guys be placed to produce the 
least amount of stress without allowing the boom to jackknife. Boom 
placement is addressed in paragraph (c), which states that the head of 
the midship boom must be spotted no further outboard of the coaming 
than is required to control the load. Preventers are covered in 
paragraph (d). Paragraph (d)(1) requires that these devices be secured 
to suitable fittings (other than those to which the guys are secured) 
and be as nearly parallel to the guys as the fittings permit. Except 
when the cleat is also a chock and the hauling part is led through the 
chock opening, the lead of preventers must be designed so that the 
direction of the line pull of the preventer is as parallel as possible 
to the surface on which the cleat is mounted (paragraph (d)(2)). 
Paragraph (d)(3) requires that guys and associated preventers be 
adjusted so that the load is shared as equally as possible when 
burtoning operations are underway. An exception is allowed where guys 
are designed and intended only for trimming purposes and the preventer 
is used in lieu of the guy; in such cases, the guy may be left slack.
    Cargo falls are covered by paragraph (e), which stipulates that 
cargo falls under load are not permitted to chafe against any standing 
or other running rigging. A Note to this requirement stresses that, for 
the purposes of this paragraph, rigging is not to be construed to mean 
hatch coamings or other parts of the vessel.
    In paragraph (f)(1) of the final rule, employers are required to 
secure the bull wire to the gypsy head by shackle or equivalent method 
where the bull wire is taken to the gypsy head for lowering or topping 
the boom. Fiber rope may not be used to comply with this provision. 
Paragraph (f)(2) states that, when it is not possible to secure the 
bull wire to the gypsy head or when the topping lift is taken to the 
gypsy head, at least five turns of the wire must be used.
    When deck loads are higher than the rail and the clearance between 
the edge of the load and the inside of the bulwark or rail is less than 
12 inches, paragraph (g) requires employers to provide a pendant or 
other alternate device to permit trimming of the gear without its going 
over the side. The provisions in section 1918.54 are essentially 
unchanged from the parallel requirements in the proposal.
    Final Sec. 1918.55, titled ``Cranes,'' covers deck cranes 
permanently attached to a vessel. OSHA's existing rule only addresses 
the hazards associated with the swing radius of the crane. The final 
rule's requirements, on the other hand, provide more comprehensive 
coverage of the hazards encountered in the use of ship's cranes. In 
addition, these requirements closely parallel similar shoreside 
requirements in part 1917 and in other OSHA crane standards.
    In Sec. 1918.55(a), OSHA prohibits the use of cranes that develop a 
visible or known defect affecting safe operation. In addition, proposed 
paragraph (b)(1) required that the operator's station be well 
maintained, with good visibility provided through the cab's glass. 
Comments were received (Ex. NMSA et al., PMA et al.) recommending that 
OSHA reword the language of this provision of the existing Longshore 
Standard for the sake of clarity. Other commenters pointed out that the 
proposed wording of this provision was similar to language found in the 
Pacific Coast Marine Safety Code (although the code requires 
replacement of cracked or broken glass) (Ex. 19). In response to the 
comments received, OSHA has revised the language in this paragraph to 
read as follows: ``Cranes with missing, broken, cracked, scratched, or 
dirty glass (or equivalent) that impairs operator visibility shall not 
be used.'' The same language has been used in Sec. 1917.45(f)(5), 
addressing the same issue in relation to cranes used in marine 
terminals.
    Paragraph (b)(2) mandates that clothing, tools and equipment be 
stored in a manner that does not restrict access to or operation of the 
crane or interfere with the operator's view.
    According to paragraph (c), areas that are within the swing radius 
of the body of revolving cranes and are accessible to employees must be 
guarded during cargo operations to prevent an employee from being 
caught between the body of the crane and any fixed structure, or 
between parts of the crane. In proposed paragraph Sec. 1918.55(c)(1), 
OSHA addressed the danger of employees being caught between shipboard 
gantry cranes and fixed structures on deck along the travel path of the 
crane, such as would occur on a LASH (Lighter Aboard Ship) vessel or a 
self-contained container ship. (Ex. 1-103, cases 26 and 27). OSHA 
received both comment and testimony on this proposed language. The 
commenters pointed out that there are means other than physical 
guarding to protect employees in this situation, such as using a 
proximity device to shut down crane travel if an employee is in danger 
of being caught between the crane and a structure on the vessel (Ex. 
NMSA et al., NO Tr. p. 396). OSHA agrees with these commenters and has 
added the words ``or other effective means shall be taken'' to 
paragraph (c)(1) of the final rule. Also, a note has been added for 
clarification that says; ``Verbal warnings to employees to avoid the 
dangerous area do not meet this requirement.''
    An issue discussed at length during the public hearings was the 
bypassing of limit switches during cargo operations. Most cranes, both 
shore-based and shipboard, are equipped with limit switches. Limit 
switches are designed to prevent the crane and boom from damage by 
deactivating the crane when certain limits are exceeded. Limit switches 
can prevent the crane from the following hazards: boom collapse, 
unwanted contact with the vessel or other structure, exceeding the safe 
working load, or dropping a container. Another example of a limit 
switch is the anti-two-blocking device. The calibration of limit 
switches always incorporates a specific margin of safety.
    In the proposal, OSHA did not allow the bypassing of limit switches 
during cargo operations. The National Maritime Safety Association, in 
their written comments, asked that OSHA allow limit switches to be 
bypassed, but only after an officer of the vessel has been notified, 
and only where a designated person directs the operation (Ex. NMSA et 
al.). During the public hearings in Seattle, members of the 
International Longshoremen's and Warehousemen's Union (ILWU) Longshore 
Coast Safety Committee testified that limit switches should not be 
bypassed except in certain situations, such as an emergency. They 
expressed concern that bypassing limit switches could put stresses on 
cranes for which they were not designed, resulting in a dangerous 
situation. The ILWU also stated that this issue had been considered by 
the Joint Co-Safety Committee, which consists of

[[Page 40163]]

members from labor and management, and that Committee had determined 
that cranes with a load should never be put in a bypass mode (SEA Tr. 
pp. 106-113).
    Further, a member of the Pacific Maritime Association (PMA) 
testified at the Seattle hearings that because of the discussions 
between the PMA and the ILWU, Rule 277 of the Pacific Coast Marine 
Safety Code had been adopted:

    Bypass keys where ships' cranes equipped with limit switches, 
shall not be left in the override locks. That * * * [is], the keys 
were not to be maintained in the override locking position.
    That was the result of the discussion. There was never unanimous 
agreement on if bypass switches could be turned on for special moves 
or special types of operations (SEA Tr. p. 158).

    During the Seattle hearings, further testimony on the issue of 
bypassing limit switches was given by Don Lawson, principal surveyor 
with Marine Surveyors and Consultants, Inc., a company accredited by 
the Department of Labor under part 1919 to inspect and certify vessel 
and shore-based cargo handling gear. Mr. Lawson stated:

    The purpose of the limit switch is:
    [First] to prevent stresses on the structure, particularly the 
boom, when the maximum radius is reached, and if the safe working 
load was on the hook at the time, to go below the safety switch, the 
lower limit safety switch, would be an overstressed situation.
    The second reason for a limit switch is preventing physical 
damage, physical contact with structures around the crane, and this 
is where there's been a lot of problems over the years.
    A limit switch should never be bypassed for cargo operations. I 
agree with the scenario of a life and limb situation or an emergency 
situation where there might be property damage and that there should 
be somebody technically-oriented to carry that out.
    In the hundred or so incidents we've been involved with, most 
the times the jib, when the limit switch is bypassed, is set down on 
the crutch or the foundation for another crane on the vessel, which 
is on the same platform, or it's the rail of the platform.
    The operator's view of these areas is limited because the 
structure of the jib is quite large and does obstruct the side view 
* * *.
    In all cases, if there's been contact with ship structure, the 
limit switch had been bypassed.
    Another statement that came out yesterday is there's a lack of 
design or a problem with design of vessels and that you must bypass 
the limit switch in order to get to certain reaches of a hatch. 
That's not true.
    The newer generation loggers have long midships hatches. Usually 
the middle hatches, and the two and three or three and four hatches 
are long, but they're served by cranes on both sides of the hatch.
    If you look at a shadow plan of the radius of the cranes, you'll 
see that they're concentric circles in the center of the hatch, but 
in the trunks the forward crane will not reach the after trunk and 
vice versa (SEA Tr. pp. 278-289).

    Further testimony given by an ILWU container crane operator 
addressed bypassing the limit switches on the container spreader bar. 
These switches are designed to prevent the corner twist locks from 
unlocking when handling a container. Citing snow as an example, he 
stated:

* * * I don't believe that we should use a bypass because we have 
snow jamming the sensors and the corners of the spreader. What we 
should be doing, of course, and what we normally do is lower the 
spreader and have somebody clean out the snow (SEA Tr. p. 111).

Another dock worker testified that the spreader corner locks can be 
bypassed to speed up an operation. Instead of having to wait for the 
limit switches to activate and release the locks, bypassing them allows 
for a faster operation. However, this same witness testified that this 
practice can also lead to a spreader releasing a container 
inadvertently while in the air (SEA Tr. pp. 306-307).
    One employer, Captain John McNeil, Vice-President of Operations, 
Marine Terminals Corporation, testified that there are occasions where 
the limit switches on a container crane can be an operations problem.

* * * The upper limit on container cranes is usually set by a limit 
switch, to six feet under the boom to permit normal, safe 
operations.
    When we have an especially high vessel that comes into that 
threshold one or two feet, it is a common practice, is it not, to 
shut off the bypass or to raise the bypass limits to be able to work 
that extra tier of containers? (SEA Tr. p. 285).

Additionally, Captain McNeil noted that limit switches are sometimes 
bypassed, prior to cargo handling operations, when a vessel has two 
cranes at the same hatch that can be operated together (married) or 
separately (SEA Tr. pp. 286-288).
    Post hearing comments submitted by the ILWU repeated their position 
against bypassing limit switches and included suggested language for 
the final rule. They also stated that similar language should be 
included in the Marine Terminals Standard, as part of Sec. 1917.45, 
Cranes and derricks (Ex. 78).
    After a thorough review of all the comments and testimony, OSHA 
remains unconvinced that limit switches can be safely bypassed during 
cargo operations and continues this prohibition in the final rule. 
However, OSHA recognizes that, in addition to emergencies, there are 
certain non-cargo handling operations that occur that necessitate the 
bypassing of limit switches but have no adverse impact on worker 
safety. OSHA has identified three specific situations where such bypass 
systems may be activated: during an emergency, while performing repairs 
or when stowing cranes or derricks. To provide additional safeguards, 
any time a bypass system is used, it must be done under the direction 
of an officer of the vessel. Paragraph (c)(2) of the final rule has 
been revised accordingly.
    The provisions of paragraph (c)(2) are also being carried over to 
shore-based cranes in the final rule on marine terminals. However, OSHA 
recognizes, in one unique, shore-based situation, where the limit 
switches of cranes can be readjusted without an adverse impact on 
worker safety. Specifically, when a container ship with an unusually 
high deck load causes the upper limit switches to activate before the 
top tier of containers can be worked, then the limit switches can be 
safely readjusted if the margin of safety provides enough extra height 
to allow readjustment. While readjustment may be allowable under these 
narrow circumstances, bypassing the limit switch is not. To provide 
additional safeguards, readjusting limit switches may only be done 
under the direction of a crane mechanic. Therefore, OSHA has also 
included language regarding adjustments of limit switches in 
Sec. 1917.45(g)(11).
    Final rule Sec. 1918.55(c)(3) requires a minimum of three full 
turns of wire rope to remain on ungrooved drums and at least two turns 
on grooved drums under all operating conditions; this is a precaution 
against slippage of the rope.
    Paragraph (c)(4) requires that crane brakes must be monitored 
during use. This requirement is essentially unchanged since the 
proposal. (See discussion about brakes in Sec. 1918.53(i), above.)
    Paragraphs (c)(5) and (c)(6) address crane control levers and 
cranes with power down capability. Both of these provisions, which are 
standard safe operating procedures for cranes, are unchanged since the 
proposal.
    Under paragraph (c)(7), when two or more cranes are used together 
to hoist a load, a designated person must direct the operation and 
instruct personnel in safe positioning and rigging. The designated 
person must also direct the movement of the crane. No changes have been 
made to this requirement since the proposal, and no comments on this 
provision were received.
    Paragraph (d), which applies to cranes that are unattended between 
work periods, states that Sec. 1918.66(b)(4) (i) through (v) applies to 
such cranes.

[[Page 40164]]

Subpart G--Cargo Handling Gear and Equipment Other Than Ship's Gear
    Subpart G, Cargo Handling Gear and Equipment Other than Ship's 
Gear, applies to all cargo handling gear used in cargo operations that 
is not part of the vessel (i.e. ship's gear). Some examples of the type 
of gear addressed in this subpart include: container handling lifting 
frames and certain multi-point engagement bridles, gear room 
constructed spreader bars for heavy lift cargo, special lifting devices 
for unique pieces of cargo, and bar pallet bridles. Except as noted 
below, commenters generally supported these provisions as proposed 
(Exs. NMSA et al., PMA et al.).
    Final rule Sec. 1918.61 covers a wide range of subjects relating to 
gear inspection (examples: safe working loads, weight markings, 
certification, special gear). Paragraph (a) requires that all gear and 
equipment provided by the employer and brought aboard a vessel must be 
inspected before and, when appropriate, during its use by a designated 
person to assess its condition. If found to be unsafe, such gear cannot 
be used until it has been made safe. This paragraph is similar to the 
corresponding provision of the existing regulation, except that the 
term ``designated person'' has replaced the term ``authorized 
representative'' in the final rule. This change is consistent with the 
decision discussed in subpart A, Scope and definitions, regarding the 
use of the term ``designated person.''
    Final rule paragraph (b)(1) is the same as the parallel requirement 
in the current and proposed longshore rules and requires that the Safe 
Working Load (SWL) of gear not be exceeded. Final rule paragraph (b)(2) 
was a new provision in the proposal. This paragraph requires the 
marking of the safe working load (SWL) on all cargo handling gear with 
a SWL of more than five short tons (4.5 metric tons). This practice is 
consistent with current recognized industry practice (Ex. 1-151). In 
the proposal, OSHA stated that most gear in use is already marked with 
the SWL, and no comments to the contrary were received.
    Final rule paragraph (c) requires that any article of stevedoring 
gear weighing more than 2,000 pounds (.91 metric tons) must have its 
weight marked plainly on the article before being hoisted by the ship's 
gear. It is important to consider the weight of such articles when 
evaluating safe working loads of the vessel's cargo gear because the 
weight of the gear must be added to the weight of the load being lifted 
to figure out the actual load, which together cannot exceed the SWL of 
the vessel's cargo gear.
    Final paragraphs (d) and (e) address certification and 
certification procedures. These provisions parallel those found in the 
shoreside Marine Terminal rules (Sec. 1917.50(a) and (b)(1)). Paragraph 
(d) requires certification of any special gear listed in paragraphs 
(f)(1) or (g) of this section. Paragraph (e) requires that this 
certification be done by a party accredited by OSHA under 29 CFR 1919. 
Final rule paragraph (d) has been corrected to include a reference to 
paragraph Sec. 1918.61(g), which addresses the initial proof-load 
testing of intermodal container spreaders. The reference to paragraph 
Sec. 1918.61(g) was mistakenly omitted in the proposal.
    Paragraph (f), entitled ``Special gear,'' addresses special 
stevedoring gear, which is material handling gear fabricated of 
components that are not common, off-the-shelf items. Common, off-the-
shelf gear would include hooks, shackles, and other items that have 
already been tested by the manufacturer. Examples of special 
stevedoring gear include gear room-constructed spreader bars for heavy 
lift cargo, special lifting devices for unique pieces of cargo, or bar 
pallet bridles that have some components that are not marketed or 
purchased with a specific cargo handling use in mind.
    OSHA's existing Longshoring Standard requires initial testing for 
new special stevedoring gear, but does not require the tests to be 
conducted by an OSHA accredited agency (see Sec. 1918.61(b) of that 
rule). The existing Marine Terminals Standard also requires initial 
testing for new special stevedoring gear. These tests, however, must be 
conducted by an OSHA accredited agency (see Sec. 1917.50(c)(5)).
    In the proposal, OSHA distinguished between heavy lifting gear 
(gear with a SWL over five short tons) and lighter gear. Heavy gear 
tends to be more complex in design and fabrication, more difficult to 
inspect and test, and presents a greater employee exposure hazard upon 
failure. Lighter gear, which is far more extensive and commonly 
associated with palletized/break bulk operations, is less complex in 
design and fabrication, less difficult to inspect and test, and 
presents a reduced employee exposure hazard upon failure. Based on 
these distinctions, OSHA proposed testing by an accredited agency for 
the heavy gear with proof load testing specifications ranging from 25% 
to 10% in excess of the SWL. For the lighter gear, OSHA proposed that 
testing be conducted by a qualified employee (in lieu of third party 
certification) to a specification of 25% in excess of the SWL.
    Final paragraph (f)(1) requires special gear provided by the 
employer, the strength of which depends on special gear components and 
that additionally has a Safe Working Load of more than five short tons 
(4.5 metric tons) to be tested and inspected prior to initial use as a 
unit. Paragraph (f)(2), which is a provision similar to the 
corresponding provision of OSHA's existing Longshoring Standard, 
requires that special stevedoring gear with a SWL of five short tons or 
less continue to be inspected and tested prior to initial use as a unit 
by either an accredited agency or by a designated person. All tests 
required by this paragraph must be in accordance with Table A shown in 
paragraph (f).
    Paragraph Sec. 1918.61(g) of the final rule requires that all 
intermodal container spreaders provided by the stevedore for hoisting 
afloat (aboard a vessel) shall be similarly inspected, tested, and 
certified. This provision also requires any spreader that is damaged in 
a way that requires structural repair to be inspected and retested 
after the repair is performed and before the spreader is returned to 
service. It should be noted that intermodal container spreaders that 
are part of ship's gear are required to be inspected and tested as part 
of the vessel's cargo gear under ILO Convention 152 (see subpart B, 
Gear certification).
    Paragraph (h) requires that all cargo handling gear covered by this 
section having a SWL greater than five short tons be proof-load tested 
every four years according to Table A found in paragraph (f) or 
paragraph (g) of this section, as applicable. This proof-load test may 
be conducted by an agency accredited by the U.S. Department of Labor 
under 29 CFR part 1919 or by a designated person.
    Final paragraph (i) requires that certificates and inspection 
records generated by the tests required by this section be made 
available for inspection. These include the certificates issued by 
accredited agencies as well as inspection and test records produced by 
designated persons while testing the equipment. Additionally included 
is any initial test records required by the existing standard for the 
purposes of the periodic testing provisions of paragraph (h) of this 
section.
    Several issues related to Sec. 1918.61 arose during rulemaking; 
these can be categorized as follows:
    (1) There are no OSHA-accredited agencies in or near some ports, 
some commenters said, especially small ports,

[[Page 40165]]

which would increase costs and burden, perhaps especially for some 
small employers;
    (2) Several commenters contended that requiring OSHA accredited 
agencies to provide certification for fabricated equipment repeats the 
current function of steel fabricators;
    (3) Some break-bulk stevedores noted that a great deal of equipment 
would have to be certified or inspected every four years.
    In their view, the Agency has underestimated the costs of 
certification and four-year equipment testing. In addition, they argued 
that the Agency did not demonstrate how the proposed testing provisions 
will significantly reduce the risk of using special gear and spreaders 
and that the Agency has not shown that these requirements are 
reasonable and necessary. Each of these points is addressed in turn.
    In response to a comment questioning the availability of the OSHA 
accredited agencies required to conduct the tests specified in this 
section (SEA Tr. p. 484), OSHA notes that there are currently 130 OSHA 
accredited agencies in the United States and that they are located in 
all of the major port areas, including the Great Lakes and the Inland 
Waterways. Mr. Donald Lawson, with Marine Surveyors and Consultants, 
also testified that there were 5 to 10 companies that could do the 
required testing in the Seattle and Portland, Oregon area alone (SEA 
Tr. p. 278).
    Several commenters questioned whether OSHA had provided information 
or data that showed that the proposed revisions to these requirements 
would reduce employee risk in this industry. The record clearly 
demonstrates, on a national level, that gear failures frequently occur. 
Data in the IMIS database indicate a record of injuries and fatalities 
due to gear failures (Ex. 1-103, cases 108, 116, 124). OSHA thus 
concludes that these requirements, which are designed to prevent gear 
failure, are necessary to employee protection.
    In addition, OSHA received several comments and testimony 
suggesting that only a prototype or sample of special stevedoring gear 
needed to be proof load tested, instead of testing every single piece 
of gear, as proposed (Exs. 8-8, 8-20, SEA Tr. pp. 164-169, NO Tr. pp. 
209-211). For example, Mr. Don Lawson, principal surveyor with Marine 
Surveyors and Consultants, testified:

    I agree with the fact that a prototype can be developed with 
sufficient engineering and tested, but once production starts there 
need to be controls in workmanship and quality control and quality 
assurance and in the material * * * . They'll look for things, such 
as traceability and materials, for production controls, and for 
quality assurance * * *. Beyond that, the next step would be to make 
periodic visits to spot check workmanship, and then to carry out 
testing on 10 out of 100 or one out of 200 units (SEA Tr. pp 282-
283).

    After careful consideration, OSHA agrees with Mr. Lawson's concern 
for quality assurance and reproducibility of specifications in unique 
shop-built stevedoring gear. Unlike the quality control mechanisms 
built into a manufacturing process that mass-produces items, OSHA 
believes that shop built items are more subject to variations in 
fabrication. These items, therefore, shall be individually tested 
according to this section.
    Several commenters criticized the Agency's estimate of the costs 
that employers must incur to meet the revised standards for gear 
testing (SEA Tr. pp. 154, 236-250, 399, and 570). Some of these 
commenters are representatives of stevedores who perform specialized 
longshoring operations, such as logging and wood pulp, almost entirely 
on vessels. Since these employers primarily use special gear located 
aboard vessels, their gear has not previously been required to be 
tested, as marine terminal equipment has. Those employers who are 
involved primarily in container transport are not as affected by the 
final standard as stevedores engaged in break-bulk operations. Although 
some commenters expressed concern over the potential costs of these 
provisions, others agreed with OSHA that they were economically 
feasible for affected firms, as demonstrated by the comments of Mr. 
John Faulk, testifying on behalf of NMSA:

    NMSA agrees with the approach by OSHA for 1917.50(c) and 
1918.61(d) concerning certification of special stevedoring gear is 
practical, economically feasible and will provide adequate 
safeguards* * *. Except for the recommendations submitted by NMSA in 
their written comments * * * NMSA fully endorses OSHA's proposed 
language on the other provisions found in this subpart (NO Tr. p. 
153).

    The Agency has revised its cost estimates and its estimation of the 
impact on particular employers for this final rule (see SectionVI, 
Summary of the Final Economic Analysis and Regulatory Flexibility 
Analysis).
    OSHA has included a table entitled ``Cargo Gear Testing 
Requirements'' in a non-mandatory appendix (Appendix IV). A form of 
this table was originally recommended by the National Maritime Safety 
Association and the Pacific Maritime Association (Exs. 8-8, 8-20) for 
inclusion in the standard as a compliance tool. Besides the performance 
and frequency requirements, OSHA has added the proof load testing 
specifications from Table A of Sec. 1918.61(f) to the table in Appendix 
IV so that it summarizes all of the testing gear requirements of this 
section. OSHA believes that this tabular information will enhance the 
clarity of the provisions and thus promote compliance.
    For consistency, these same changes are being made to the parallel 
provisions of the Marine Terminals Standard (Sec. 1917.50 (c)).
    Final rule Sec. 1918.62, titled ``Miscellaneous auxiliary gear,'' 
covers all miscellaneous gear provided by the stevedore that is not 
part of ship's gear. The hazards addressed by this section are those 
generally associated with an employee being struck by falling objects, 
e.g. dunnage, gear or cargo, when the gear fails. These provisions of 
the final rule parallel the same requirements for miscellaneous gear 
found in the shoreside cargo handling standards at Sec. 1917.42.
    Several modifications have been made to the existing rule to 
reflect the changes that have occurred in modern marine cargo handling 
methods. For example, the replacement criteria for wire rope are more 
stringent than those in the current regulation (see Sec. 1918.62(a)(4) 
of the final rule), and the prohibition against using new parts made of 
wrought iron now accords with the prohibition in ILO Convention 152 
(see Sec. 1918.62(a)(5)(ii) of the final rule). Additionally, the final 
rule consolidates a number of closely related provisions formerly 
scattered throughout the rules into this one section; again, this is 
consistent with the format of the corresponding section in part 1917. 
Several commenters supported these provisions as proposed (Ex. NMSA et 
al.).
    Paragraph (a)(1) mandates that, after the completion of each use, 
loose gear be placed in a manner that will avoid damage to the gear. In 
addition, this provision states that loose gear must be inspected after 
each use and be repaired before reuse if found to be defective.
    Section 1918.62(a)(2) prohibits the use of defective gear and 
requires that distorted hooks, shackles or other similar gear be 
discarded to prevent its reuse. Several commenters suggested that OSHA 
clarify the meaning of the word ``defective'' (Exs. 19, 6-31a, 8-8, and 
8-20), and the final rule now explains that those defects falling 
within the definition of ``defective'' as used by the manufacturer of 
the particular gear are addressed by this provision of the final rule. 
In addition, when manufacturers' specifications are

[[Page 40166]]

not available to determine whether gear is defective, the employer must 
use the appropriate paragraphs of this section to make these 
determinations.
    Paragraph (b) covers wire rope and slings that are not part of 
ship's gear. Employers are required by paragraph (b)(1) to follow the 
manufacturer's recommended ratings for wire rope and wire rope slings 
and to have such ratings available for inspection. In cases where the 
manufacturer is not able to supply the rating, employers must use the 
wire rope and wire rope sling tables found in Appendix II of this rule.
    OSHA, in the proposal and the final rule, has included a 
comprehensive collection of tables, in Appendix II, that are to be used 
when manufacturers' specifications or gear certificates are not 
immediately available at the worksite for safe working load assessment. 
These tables are primarily based on American Society of Mechanical 
Engineers Standard (ASME) B30.9-1990 (Slings) (Ex. 1-148) and on 
requirements applying to wire rope clips and shackles currently 
contained in the Agency's rules for marine terminals.
    Several commenters urged OSHA to make the use of these tables non-
mandatory (Exs. 8-8, 8-20); these commenters noted that the proposed 
appendix containing these tables was non-mandatory and argued that the 
terminology used in the provision of the regulatory text referring to 
these tables should also be nonmandatory. In response, OSHA notes that 
the corresponding tables in OSHA's existing Longshore rule are referred 
to in mandatory language, and after careful consideration, has 
concluded that reliance on these tables is mandatory when certificates 
or manufacturers' use recommendations are not available. Consequently, 
OSHA has decided to change the status of Appendix II from non-mandatory 
to mandatory. This position was supported by several commenters (Exs. 
19, 78, 6-49, 6-50,
6-51, 6-52, 6-53, 6-54, and 6-55 ). According to final rule paragraph 
(b)(2), wire rope having a safety factor of less than 5 may be used 
only in accordance with the limitations specified in paragraphs 
(b)(2)(i) through (iii). Wire rope or wire rope slings having any of 
the defects specified in paragraph (b)(3)(i) through (vi) may not be 
used for fear of failure.
    Paragraphs (b)(4) through (b)(9) address covering or blunting of 
the ends of strands in splices, the use of wire rope clips to form 
eyes, the securing of wire rope, and eye splices. These provisions are 
essentially unchanged from the parallel provisions in the existing rule 
and in the proposal and are considered standard industry practice.
    Paragraph (c) of the final rule contains similar provisions that 
apply to natural fiber rope and natural fiber rope slings used aboard 
ship, and paragraph (d) addresses the same hazards as they apply to 
synthetic rope and synthetic rope slings. The load ratings found in the 
various tables in Appendix II are to be used for ropes and slings of 
all types, as identified on the appropriate table.
    In Sec. 1918.62(e), those defects that are sufficient to require 
the removal from service of natural or synthetic ropes are identified; 
these defects include abnormal or excessive wear, cut or broken fibers, 
rotting, and other structural defects that could cause the rope to fail 
under load. Paragraph (f) requires, where practicable, that properly 
fitted thimbles be used in cases where the rope is secured permanently 
to a ring, shackle, or other attachment. These provisions are also 
essentially unchanged both from the corresponding provisions of the 
existing rule and the proposed rule.
    Paragraph (g) of the final rule, titled ``Synthetic web slings,'' 
prescribes the conditions of use, causes for removal from service, and 
other requirements governing synthetic sling use. Paragraph (g)(1) 
prohibits the use of slings and nets composed of more than one piece of 
synthetic webbing and used as a single unit to hoist loads greater than 
the loaded capacity of the sling itself. In paragraph (g)(2), those 
defects that require the sling to be removed from service are 
specified; examples of such defects are acid or caustic burns, snags or 
punctures, and signs of excessive wear or damage. Paragraph (g)(3) 
prohibits the return to service of defective synthetic slings unless 
they have been repaired by a sling manufacturer or an entity with 
equivalent competence and additionally pass two proof tests. 
Manufacturers' use recommendations are required to be followed by 
paragraph (g)(4), and paragraph (g)(5) of the final rule mandates that 
fittings have a breaking strength that is at least equal to that of the 
sling to which the fittings are attached. These requirements, which 
were not specifically addressed by commenters, are essentially 
unchanged from the parallel requirements of the proposed rule and the 
Agency's Marine Terminals Standard. Their inclusion in the final rule 
thus achieves consistency in synthetic sling requirements in OSHA's 
marine cargo handling rules.
    Paragraph (h) is titled ``Chains and chain slings used for 
hoisting.'' Employers are required by paragraph (h)(1) to observe 
manufacturers' ratings for safe working loads when wrought iron or 
alloy steel chains and slings are used and additionally must have such 
ratings available. When such ratings are not available, Table 4A of 
Appendix II must be relied on for this information (for alloy steel 
chains and chain slings only). Paragraph (h)(2) specifically prohibits 
the use of coil steel chain or of other types of chain not recommended 
for slinging or hoisting by the manufacturer. The provisions of 
paragraph (h)(3) address the inspection of sling chains, specify the 
conditions that require removal of the chain from service, and 
stipulate that the inspection of chains used for slinging and hoisting 
may be performed only by designated persons.
    Stringent requirements governing the repair of chains used for 
hoisting are included in paragraph (h)(4), and paragraph (h)(5) 
requires any wrought iron chains continually used for hoisting to be 
annealed or normalized at intervals not to exceed every 6 months. 
Following ILO recommendation 160 (Ex. 1-8), OSHA proposed to add 
language to this section to prohibit the use of wrought iron (which is 
considerably less elastic than steel and thus is more prone to fail) in 
new parts of lifting appliances or loose gear (Sec. 1918.62(h)(5)(ii)). 
Although wrought iron is rarely seen on vessels that are trading today, 
such gear may still be in use on some vessels, and OSHA has therefore 
included this provision in the final rule.
    Paragraphs (h) (6), (7), and (8) prohibit the use of kinked or 
knotted chains, require hooks, rings, links, and other attachments to 
have rated capacities at least equal to those of the chains to which 
they are affixed, and mandate that chain slings be marked with their 
size, grade, and rated capacity, respectively. Shackles are covered in 
paragraph (i)(1), which requires that the manufacturers' safe working 
load, if known, not be exceeded; where this information is not 
available, employers are required to follow Table 5 of Appendix II. 
Paragraph (i)(2) mandates that all screw pin shackles provided by the 
employer and used aloft (except in cargo hook assemblies) have pins 
that are positively secured.
    Hooks other than hand hooks are required by paragraph (j)(1) to be 
used in conformance with the manufacturers' safe working load and to be 
tested in accordance with paragraphs (a), (c), and (d) of Sec. 1919.31 
unless manufacturers' test certificates are available for such hooks. 
Paragraphs (j) (2), (3), (4) and (5) specify the conditions of use 
pertaining to hooks (other than hand hooks). These

[[Page 40167]]

requirements are essentially unchanged from those proposed.
    Pallets are covered by the requirements of paragraph (k). Paragraph 
(k)(1) specifies that pallets be made and maintained so that they will 
support the loads being handled and requires that the fastenings of 
reusable pallets that are used to hoist loads consist of bolts and 
nuts, drive screws, threaded nails, or equivalently strong fastenings. 
Provisions addressing the hoisting of reusable pallets, bridles for 
handling flush end or box-type pallets, and the stacking of pallets, as 
well as a prohibition against the reuse of single-use pallets, are 
found in paragraphs (k) (2), (3), (4), (5), and (6).
    Section 1918.63, titled ``Chutes, gravity conveyors, and rollers,'' 
and Sec. 1918.64, titled ``Powered conveyors,'' contain requirements 
for the safe use of chutes, rollers and both gravity and mechanically 
powered conveyors. These sections are unchanged from the corresponding 
provisions of the proposal; in addition, these rules parallel the 
requirements covering similar equipment in the Marine Terminals 
Standard (see Secs. 1917.48 and 1917.49). After this final rule is 
effective, there will thus be no regulatory inconsistencies with such 
equipment, which often physically originates on shore and extends onto 
the ship.
    The principal hazards associated with the use of chutes, rollers, 
and gravity and mechanically powered conveyors are caught in, struck 
by, and crushing injuries and engulfment (e.g. by moving grain). 
Accordingly, the provisions in Secs. 1918.63 and 1918.64 require, among 
other things, that this equipment be strong enough to handle the loads 
imposed, be equipped when necessary with sideboards, be free of 
splinters and sharp edges, have emergency stop controls (powered 
conveyors), have their pinch points guarded, be equipped with 
mechanisms to warn of conveyor startup, and be equipped with overload 
devices, guards, and other safety devices when necessary. For clarity, 
the lockout/tagout language has been amended to limit the conditions 
when power may be restored during the servicing of equipment.
    Final rule Sec. 1918.65 covers the use of all mechanically powered 
vehicles brought aboard vessels. Included in this category of equipment 
are all industrial trucks and all bulk cargo moving vehicles. These 
vehicles are also used in the shoreside aspect of marine cargo 
handling, and the hazards are essentially the same in both ``sides'' of 
cargo handling operations. The changes to this section of the final 
Longshoring Standard parallel those requirements found in Sec. 1917.43, 
the corresponding section of the Marine Terminals Standard.
    The requirements in final rule Sec. 1918.65, ``Mechanically powered 
vehicles aboard vessels,'' are essentially unchanged from those 
proposed. Paragraph (a) states that this section applies to all types 
of powered vehicles used aboard ship to hand equipment or material. 
Paragraph (b)(1) requires any modification that could affect the 
capacity or safe operation of a vehicle to be done only with the 
manufacturers' prior written approval and/or that of a registered 
professional engineer experienced with the equipment. This requirement 
is necessary to ensure that operators of these vehicles, and other 
workers in the vicinity, are not injured in an accident involving an 
overloaded, poorly balanced, or otherwise unsafe vehicle.
    Paragraphs (b) (2) and (3) require that vehicles be used within 
their rated capacities, and that the total weight of the lift made by 
two or more trucks working in unison not exceed the combined safe 
lifting capacity of the trucks used, respectively.
    Final rule paragraph (c) addresses guards for fork lift trucks. The 
first provision requires all such trucks to be fitted with securely 
attached overhead guards that are designed to protect the operator from 
falling loads. Paragraph (c)(2) prohibits the use of overhead guards 
that obstruct the operator's view and stipulates that any opening in 
the top of the guard not exceed 6 inches in width or length (or be 
sized to prevent the smallest unit of cargo being handled from falling 
through the guard). Paragraphs (c) (3), (4), and (5) require overhead 
guards to be built so that: failure of the mast tilt mechanism will not 
displace the guard; the guard is large enough to extend over the 
operator during all operations; and that guards not be removed except 
when the presence of the guard would prevent entry into the work space 
(and then only if the operator is not exposed to overhead obstructions 
in the space). Paragraph (c)(6) requires fork lifts to be fitted with 
vertical backrest extensions if necessary to prevent the load from 
hitting the mast; the extension must provide such protection even if 
the mast is at maximum backward tilt.
    Guards applicable to crawler-type, rider-operated cargo moving 
vehicles are covered by paragraph (d); at paragraph (d)(1), the final 
rule requires such vehicles to be equipped with an operator's guard 
that is built to protect the seated operator from contact with an 
overhead projection. Paragraph (d)(2) mandates that guards and their 
attachment points be sufficiently strong to withstand a load that is 
equal to the drawbar pull of the machine and that is applied 
horizontally at the operator's shoulder level; and paragraph (d)(3) 
states that guards are not required when the vehicle is used in 
situations that pose no threat to the seated operator of being hit by 
an overhead projection.
    Final rule Sec. 1918.65(d)(4) contains a requirement for rollover 
protection on bulk cargo moving vehicles (such as the type used to trim 
and position bulk cargo in underdeck spaces). Such protection is 
required on similar pieces of equipment used in construction industry 
settings, where the hazard posed by turnover also exists. Comments 
received supported this requirement for both shoreside and shipside 
equipment; however, these same commenters requested a phase-in period 
of two years because of the large number of machines that would need to 
be retrofitted (Exs. 19, 6-29, 6-31a, 8-8, NMSA et al.). In addition, 
testimony indicated that OSHA provided a similar phase-in period to the 
construction industry for rollover protection. (SEA Tr. p. 175) To 
provide sufficient time to retrofit the large number of vehicles in the 
industry and to be consistent with past OSHA policy, the final rule 
provides for a two-year phase-in period in this paragraph.
    In addition, OSHA sought comment in the proposal on the need for 
rollover protection on bulk cargo moving vehicles used shoreside, i.e. 
in the marine terminal environment. As noted above, several commenters 
supported the addition of this protective measure to the Marine 
Terminals Standard (Exs. NMSA et al., 19). To achieve consistency 
between the rollover protection requirements in the Marine Terminals 
and Longshoring rules, OSHA has provided for a similar two year phase-
in period in Sec. 1917.43(f).
    Paragraph (e) of the final rule covers approved trucks. Several 
commenters pointed out that parts 1917 and 1918 use different 
terminology to refer to the same type of equipment (Ex. 8-8, NMSA et 
al.). In part 1917, the term ``approved power-operated industrial 
truck'' is used, while the longshoring rules uses the term ``approved 
power-operated vehicle'' (see Sec. 1918.65(e)). Accordingly, OSHA has 
changed the term used in the final Longshoring Standard to ``approved 
power-operated industrial truck'' to be consistent with the language in 
part 1917 as well as OSHA's proposed ``Powered Industrial Truck 
Operator Training'' (61 FR 3092). As defined in paragraph (e)(1) of the 
final rule, an approved power-operated

[[Page 40168]]

industrial truck is one listed as approved by a nationally recognized 
testing laboratory. Paragraph (e)(2) requires such trucks to bear a 
label or other indication that the truck is so approved. Paragraph 
(e)(3) states that, in hazardous atmospheres, only approved trucks may 
be used.
    Maintenance requirements for mechanically powered vehicles are 
addressed in paragraph (f), which requires, at paragraph (f)(1), that 
such vehicles be maintained in safe working order, not have their 
safety devices removed, and not be operated with any defect, e.g. a 
fuel system leak, that could affect safe operation. Requirements 
pertaining to braking systems, replacement parts, and repairs to the 
fuel and ignition system are covered in paragraphs (f) (2), (3), and 
(4). Batteries must be disconnected and/or stored energy discharged 
before repairs can be made to the primary electrical system of 
mechanically powered vehicles (see paragraph (f)(5)). Paragraph (f)(6) 
stipulates that only designated persons may perform maintenance and 
repair on these vehicles.
    Final rule Sec. 1918.65(g) remains as proposed. This paragraph 
requires that vehicles purchased after the effective date of the final 
rule be equipped with parking brakes. This provision received support, 
since nearly all pieces of newly manufactured equipment today have 
parking brakes and the value of such brakes in preventing accidents is 
widely recognized (NMSA et al.).
    Paragraph (h) covers the operation of mechanically powered 
vehicles. Paragraph (h)(1) states that only stable and properly 
positioned loads that are within the rated capacity of the vehicle may 
be handled, and paragraphs (h) (2) and (3) require the drivers of these 
vehicles to ascend and descend grades slowly and to travel with the 
load trailing in those cases where the load obstructs the operator's 
forward view. Steering knobs are prohibited by paragraph (h)(4) except 
where the vehicle has power steering, and paragraph (h)(5) requires 
that a mechanism to alert the operator that the load has been engaged 
be provided if the vehicle is one that has a cargo lifting device with 
a means of engagement that is hidden from the operator's view. 
Paragraph (h)(6) prohibits any load on a mechanically powered vehicle 
from being suspended or swung over any employee; this provision is 
necessary to ensure that employees are protected from cargo falling 
from overhead loads. Paragraphs (h) (7), (8), (9), and (10) cover safe 
working surfaces, load engaging means, guarding of the edges of open 
deck barges and covered lighters, and precautions to be taken when 
employees ride on mechanically powered vehicles. Paragraph (h)(11) sets 
out the conditions under which employees may be elevated by fork lift 
trucks and includes specifications that must be met by platforms used 
for this purpose.
    With the few exceptions noted above, OSHA received no comments on 
the proposed requirements in Sec. 1918.65. These requirements, which 
pertain to mechanically powered vehicles used aboard ship, are 
essentially unchanged since the proposal.
    Section 1918.66 of the final rule covers all cranes and derricks 
that are not part of a vessel's permanent cargo handling gear but are 
placed aboard a vessel temporarily to conduct cargo operations, as 
stipulated in paragraph (a). Examples of such equipment are mobile and 
crawler type cranes that are positioned on barges and used to load and 
discharge cargo. In developing this section of the final Longshoring 
Standard, OSHA relied on the corresponding provisions for cranes and 
derricks found in Sec. 1917.45 of the Marine Terminals Standard. Once 
this final rule is effective, these provisions will thus be consistent 
for both aspects of the marine cargo handling industry.
    Paragraph (a)(1) requires all such cranes and derricks to be 
certificated in accordance with OSHA's gear certification requirements 
(29 CFR part 1919), and paragraph (a)(2) requires the weight of any 
crane hoisted aboard a vessel to be posted on the crane. Requirements 
for rating charts, rated loads, exceptions to designated working loads, 
radius indicators, and operators' stations for cranes and derricks 
brought aboard vessels are shown in paragraphs (a) (3) through (7) of 
the final rule. Paragraphs (a) (8) through (12) contain provisions 
addressing counterweights or ballast, outriggers, exhaust gases, 
electrical equipment, and fire extinguishers associated with these 
cranes and derricks. Requirements specifying the amount of rope that 
must remain on the drum, how wire rope must be secured, and a 
prohibition against the use of fiber rope fastenings in hoisting 
operations involving these cranes and derricks are contained in 
paragraph (a)(13), while paragraph (a)(14) addresses brakes. Crane and 
derrick operating controls are required to be clearly marked by 
paragraph (a)(15), and paragraphs (a) (16) through (18) cover boom 
stops, foot pedals, and access to footwalks, cab platforms, the cab, 
and any portion of the superstructure of cranes and derricks brought on 
board for cargo handling purposes.
    Operating precautions and requirements for cranes and derricks of 
this type are detailed in paragraph (b) of the final rule, entitled, 
``Operations.'' The provisions in this paragraph cover the use of two 
or more cranes together, the guarding of the crane's swing radius, 
prohibitions against the use of equipment that could exert side loading 
stresses on the crane or derrick boom or the use of a crane or derrick 
that has a visible or known defect that could affect safety, and steps 
to be taken if a crane or derrick is to be left unattended (see 
paragraphs (b) (1) through (4)).
    Paragraph (c) sets out a number of protections for employees being 
hoisted (including the use of anti-two-blocking devices on all cranes 
and derricks used to hoist personnel). For example, paragraph (c)(1) 
states that no employee may be hoisted by the load hoisting apparatus 
of a crane or derrick unless a platform having the characteristics 
specified in paragraphs (c)(1) (i) through (vii) is used. Final rule 
paragraph (c)(2) requires that the hoisting mechanism of cranes and 
derricks being used to hoist personnel operate in the power up and 
power down mode. This requirement is being brought into the Longshoring 
Standard from the Marine Terminals Standard (Sec. 1917.45(j)(2)) to 
provide parallel safeguards in both aspects of marine cargo handling 
operations.
    Proposed paragraph (c)(3) required that cranes used to lift 
personnel be equipped with an anti-two-blocking device, a device which 
prevents the hoist block from coming into contact with the head block 
of the boom. Such ``two-blocking''' can occur when the operator is not 
paying attention to how high the hoist block is in relation to the head 
of the boom. After contact, continued hoisting of the block can cause 
the block to separate or break from the load line, causing the hoist 
block and load to fall. OSHA has determined that this requirement is 
necessary to prevent serious injury or death to employees being lifted 
by a crane; in 1988, the Agency adopted such a requirement for cranes 
used to hoist personnel in the construction industry 
(Sec. 1926.550(g)(3)(ii)(C), 53 FR 29139). Although OSHA's 1983 Marine 
Terminals Standard did not contain such a requirement, and 
inadvertently omitted this requirement in the proposal, the Agency has 
rectified this oversight in the final rule (see Sec. 1917.45(j)(9)).
    There were many issues related to anti-two-blocking devices that 
were raised by participants in the rulemaking, including whether OSHA 
has any data on risk or accidents relating to these devices; whether it 
is technologically

[[Page 40169]]

feasible to retrofit all maritime cranes with anti-two-blocking 
devices; and whether this requirement is truly necessary for safety in 
the marine cargo handling operations.
    In response, OSHA notes the following. First, this issue primarily 
concerns mobile cranes, because most, if not all, container gantry 
cranes and portal gantry cranes are already equipped with anti-two-
blocking devices. Mobile cranes are common on the Gulf Coast, but some 
are used at smaller ports on the East and West Coasts as well. In Gulf 
ports, very few ships that have containers that are stacked more than 
one or two high visit non-gantry crane facilities. Containers stacked 
only to this height are easily accessed with ladders, and this is the 
usual method of working them instead of using cranes to hoist the 
employees.
    Several commenters noted that employees are rarely hoisted in this 
industry by non-container gantry cranes (e.g. mobile and crawler 
cranes) and that cranes used in longshoring have very long booms, 
unlike those in the construction industry, which greatly reduces the 
potential for two-block accidents in longshoring (NO Tr. pp. 165, 171, 
172). The hoisting of employees by container gantry cranes is allowed 
when the spreader platform meets the requirements of Sec. 1917.45(j) 
and the crane is not hoisting a load. Commenters also said that some 
stevedores employ rented cranes that may not have anti-two-blocking 
devices on them and that it may be impossible to retrofit some existing 
cranes with anti-two-blocking devices (NO Tr. pp. 17, 398). Also, 
ship's gear is often relied on for some specialized longshoring 
operations, and in this situation the stevedore has no control over 
whether or not the ship's gear has this safety device. One commenter 
stated that very few ships had anti-two-blocking devices on their 
cranes (NO Tr. p. 399).
    Industry commenters who opposed the requirement for anti-two-
blocking devices did not do so primarily on economic grounds, although 
they noted that installing an anti-two-blocking device was a 
significant expense. Anti-two-blocking devices were estimated to cost 
from $3,000 to $13,000 each (NO Tr. pp. 368, 708).
    One commenter, who had purchased a new crane with an anti-two-
blocking device, reported that it was necessary to disconnect the 
safety device because it was not possible to perform ``duty-cycle'' 
work of transporting lengths of steel. The company reported that it 
virtually never lifted personnel by crane (NO Tr. p. 708). Another 
commenter also testified that ANSI requires all cranes purchased after 
January 1, 1991, to be equipped with anti-two-blocking devices (NO Tr. 
p. 710). Several commenters questioned whether the anti-two-blocking 
requirement was necessary because there was a lack of accident data and 
its intended use would be so infrequent (Ex. 6-29a, NO Tr. pp. 164, 
171).
    Mr. James Pritchett, owner of Crane Inspection Services, an OSHA 
accredited agency, testified in New Orleans:

    One of the main reasons I came to the meeting that deals with 
regulations on cranes, I was delighted to read into the regulations 
that OSHA was considering anti-two-blocking on maritime cranes. 
Generally speaking, that is the rule for general . . . industry.
    I think a man is a man regardless of what location he's working 
in. I think he's important in construction, general industry, 
longshoring, or maritime the anti-two-blocking device is a safety 
device; it's not intended for an operational device.
    Also, it can be deactivated for duty cycle work. Its real intent 
is to be used for, or I should say, it really comes into play very 
importantly in a man lift situation (NO Tr. pp. 733-735).

    As noted by several commenters, the purchase and installation of 
anti-two-blocking devices can be avoided through work practices and 
administrative approaches-- cranes other than container gantry cranes 
are presently rarely used for lifting personnel (NO Tr. p. 171). On the 
other hand, where the need or frequency for lifting personnel is great, 
anti-two-blocking devices will offer greater protection for employees. 
In addition, OSHA is aware that mobile cranes equipped with anti-two-
blocking devices are frequently rented to stevedore companies at East 
Coast marine terminals. The Agency concludes that the use of anti-two-
blocking devices is necessary and feasible in marine cargo handling 
operations and requires their use in final Sec. 1917.45(j)(9) and 
Sec. 1918.66(c)(3).
    In consideration of the above and consistent with past OSHA 
policies, the Agency believes the hoisting of employees by a crane to 
be an inherently dangerous practice that should only be conducted under 
very controlled circumstances. The common use of personnel platforms to 
transport employees by container gantry cranes, however, effectively 
controls these hazards. Nonetheless, in the case of cranes other than 
container gantry cranes, this practice should be avoided when other 
methods are feasible and present less of a hazard. OSHA therefore 
requires that all the provisions of Sec. 1918.66(c) be met before 
employees may be hoisted by the load or hoisting apparatus of a crane 
or derrick, including the use of an anti-two-blocking device.
    Final rule Sec. 1918.66(d) addresses routine inspections of cranes 
and derricks that are not part of vessel's gear. Paragraphs (d)(1) and 
(d)(2) require that designated persons inspect each crane and derrick 
before each day of use and that such persons thoroughly inspect all 
functional components and accessible features of each crane or derrick 
at monthly intervals. Paragraph (d)(3) stipulates that defects found 
during such inspections that could potentially pose a safety hazard to 
employees be corrected before the equipment is used. In addition, this 
provision states that such repairs may only be performed by designated 
persons. Employees are required by paragraph (d)(4) to maintain records 
of monthly inspections for 6 months, either in or on the crane or 
derrick or at the terminal.
    Protective devices are addressed by paragraph 1918.66(e). Paragraph 
(e)(1) states that moving parts, such as chains, gears, and sprockets, 
that could pose a hazard to employees during operations must be 
guarded, and paragraph (e)(2) requires that crane hooks be secured to 
prevent inadvertent disengagement of the load.
    Paragraph 1918.66(f) addresses load indicating devices (LID's). To 
help prevent the overloading of cranes, LID's are currently required in 
both Sec. 1918.74(a)(9) and Sec. 1917.46. OSHA, however, had proposed 
not to carry over the requirements for LID's for vessel mounted cranes. 
Usually such devices rely upon boom radiuses (outreach) as an important 
factor in arriving at a load indication. When a crane is used aboard a 
ship, however, the LID's do not produce the same level of accuracy as 
for land-based cranes due to the motion of the vessel when a load is 
imposed. OSHA sought comment on alternative means to prevent the 
overloading of cranes used afloat. No comment was received. However, 
OSHA did receive comment supporting the continued requirement for LID's 
on cranes aboard a barge or vessel (Ex.6-2). OSHA is aware of the 
current practice of derating the capacity of the crane to account for 
waterborne conditions. This practice remains an acceptable method of 
preventing the overloading of waterborne cranes. Considering this and 
since the record supports the existing requirements, OSHA has decided 
to retain the language (as corrected) found in the current 
Sec. 1918.74(a)(9) and has codified this at Sec. 1918.66(f). Parallel

[[Page 40170]]

language has been included in final Sec. 1917.46(a)(1)(ii).
    Final Sec. 1918.67 remains as proposed and carries over the 
requirements found in the current Sec. 1918.75. These provisions 
require communication between the stevedore (i.e. the employer) and the 
officer in charge of the vessel whenever internal combustion or 
electrically powered tools, equipment or vehicles are brought aboard, 
and whenever the ship's power is needed for operating the employer's 
electrical tools or equipment.
    Final Sec. 1918.68 remains as proposed and provides for the 
effective grounding of all portable electrical equipment, such as saws, 
drills, grinders, etc., through a separate equipment conductor that 
either runs with or encloses both circuit conductors. This represents a 
clarification of the current rule. Double-insulated tools and battery-
operated tools are excluded from the requirements.
    OSHA proposed to delete the regulations under the current section 
titled ``Tools,'' (Sec. 1918.72), in the belief that the current OSHA 
General Industry Standards, subpart P, titled ``Hand and Portable 
Powered Tools and Other Hand-Held Equipment'' comprehensively addressed 
the subject of portable tools. Comments and testimony were received 
that supported the existing requirements for tools and in the final, 
OSHA has kept the existing Longshoring Standard's requirements. (See 
discussion regarding tools in the preamble of subpart A.)
Subpart H--Handling Cargo
    Subpart H of the final rule is titled ``Handling cargo.'' This 
subpart specifically covers the actual shipboard cargo handling 
process. The sections that comprise this subpart (Secs. 1918.81-89) 
address the hazards encountered by longshore workers while loading and 
unloading cargo. The primary hazard is being struck by the cargo, 
whether it is palletized, containerized, roll-on/roll-off (Ro-Ro), or 
otherwise packed or packaged. OSHA is retaining in this final rule 
those provisions found within subpart H of the Agency's current 
Longshoring Standard; carrying over applicable regulatory language from 
the Agency's rules for the shoreside segment of marine cargo handling 
(part 1917, the Marine Terminals Standard); and adding new requirements 
to address the hazards associated with the newer methods of handling 
cargo. For the most part, OSHA received widespread support for the 
changes that have been made to this subpart of the final rule (Exs. 
NMSA et al., PMA et al.).
    Final Secs. 1918.81 through 1918.84 address those hazards common to 
the handling of break bulk (or general) cargo. Paragraph (a) of section 
1918.81, ``Slinging,'' requires drafts to be safely slung before 
hoisting and any loose dunnage or debris to be removed to protect 
employees handling the draft. Other provisions in this section address 
cargo handling bridles, methods of slinging to prevent sliders, the 
safe use of case hooks, the hoisting of bales, the safe handling of 
unitized loads, manual guidance of loads, observation of the draft 
during hoisting, and provisions prohibiting the lifting of loads over 
employees or employees riding the hook or load. Proper slinging, 
building, bulling and stowing of drafts of cargo are essential to 
prevent cargo from coming loose from the draft and falling on or 
tipping over onto employees. These requirements are essentially 
unchanged since the proposal, and OSHA received no comments 
specifically addressing these provisions.
    Section 1918.82, ``Building drafts,'' contains a requirement (in 
paragraph (a)) that drafts be built in a manner that prevents cargo 
from falling from the draft, or that means be taken to ensure the same 
result. In addition, paragraph (b) stipulates that buckets and tubs 
used to handle bulk or frozen cargo not be loaded above the height of 
their rims; this provision is necessary to ensure that pieces do not 
fall on employees below.
    The tiering and breaking down of stowed cargo is covered in 
Sec. 1918.83. Paragraph (a) requires the securing of cargo in ship's 
hold if such cargo could present a hazard to employees working in the 
hold. Precautions must be taken, as required by paragraph (b), in 
breaking stowed cargo; this provision is intended to prevent such cargo 
from falling on employees. Paragraph (c) of the final rule requires 
employers to check employees trimming bulk cargo into and out of the 
hold. This provision also requires employees working alone in a tank or 
compartment to be checked at frequent intervals to ensure that the 
employee is safe.
    The bulling (dragging) of cargo is addressed in Sec. 1918.84 of the 
final rule. Provisions in this section cover precautions to be taken 
during bulling, the safe use of snatch blocks, the securing of beam 
frame clamps, and a prohibition against the use of falls led from cargo 
booms of vessels to move scows, lighters, or railcars.
    The final regulatory text of Secs. 1918.81 through 1918.84 remains 
the same as the proposed text of these sections. In addition, OSHA 
received no comments specifically related to these requirements.
    Section 1918.85, titled ``Containerized cargo operations,'' 
contains requirements addressing this modern method of cargo handling. 
This section applies to containerized cargo operations of any form (see 
definition of ``intermodal container'' at Sec. 1918.2). These 
paragraphs track OSHA's current Longshoring Standard (part 1918), and 
the shoreside requirements found in OSHA's current Marine Terminals 
Standard (part 1917).
    Section 1918.85(a) requires that each intermodal container must be 
marked with its gross, net, and tare (empty) weights. This paragraph of 
the final rule remains the same as the corresponding proposed 
paragraph.
    Final rule Sec. 1918.85(b) (1) through (5) address the 
determination of the weight of intermodal containers to be hoisted. The 
proposed provisions largely reflect the current rules in both the 
Longshoring and Marine Terminals Standards.
    Paragraph Sec. 1918.85(b)(6), allows closed dry van containers 
loaded with vehicles to be brought aboard vessels under certain 
conditions without first being weighed on a scale. The proposal added 
paragraph (b)(6) to this section to be consistent with OSHA Instruction 
STD 2.2, dated July 3, 1989 (Ex. 1-114). Those employers who choose not 
to comply with these conditions must weigh the container before 
loading. The same language is found in the Marine Terminals Standard at 
29 CFR 1917.71(b)(6).
    Paragraph (c) provides that no container(s) shall be hoisted if 
their gross weight exceeds either the weight marked in accordance with 
paragraph (a)(3) of this section or the capacity of the crane or other 
lifting appliance being used. Paragraphs (d) and (e) cover container 
inspection and precautions to be followed when containers are 
suspended. The requirements in paragraphs (a) through (e) are 
essentially unchanged from those in the proposal.
    Paragraph 1918.85(f) addresses the lifting of intermodal 
containers. It requires that containers be handled using lifting 
fittings or other arrangements specified in paragraphs (f) (1) through 
(3) of this section unless the container is so damaged as to make 
special handling necessary. Paragraph (f)(1)(i) specifies that the 
hoisting of loaded containers 20 or more feet in length be done as 
follows: When hoisted by the top fittings, the lifting forces are 
applied vertically from a minimum of four fittings. Lifts that are less 
than vertical are permitted only when the container is an International 
Standards

[[Page 40171]]

Organization (ISO) \8\ ``closed box container,'' the condition of the 
box is sound, the speed of hoisting and lowering is moderated, the lift 
angle is 80 to 90 degrees, the distance between lifting beam and load 
is at least 8 feet 2.4 inches (2.5 meters), and the length of the 
spreader beam is at least 16.3 feet (5 meters) for a 20-ft container 
and 36.4 feet (11 meters) for a 40-ft container. If these 
specifications are met, the final rule thus allows non-vertical lifts 
in limited situations. In contrast, proposed paragraph (f)(1)(i) would 
have required that loaded containers, when lifted from the container's 
top corner fittings, only be performed with a purely vertical force. 
The proposed language is identical to the practice spelled out in the 
ISO guidelines for handling containers as well as with several other 
standards or recommendations (Exs. 1-13, 1-115, 1-116, 1-117).
---------------------------------------------------------------------------

    \8\ The ISO is a worldwide federation of national standards 
bodies whose mission is to promote the development of international 
standards to reduce technical barriers to trade. The ISO standards 
are consensus documents and represent voluntary guidelines.
---------------------------------------------------------------------------

    Currently, OSHA's Marine Terminals Standard's requirement for 
lifting containers allows non-vertical lifts under specified 
circumstances, i.e. it states that ``when hoisting by the top fittings, 
the lifting forces shall be applied vertically from at least four (4) 
such fittings or by means which will safely do so without damage to the 
container, and using the lifting fittings provided'' 
(Sec. 1917.71(f)(1)(i)). The Agency's current Longshoring Standard also 
allows non-vertical lifts, i.e. it states: ``All hoisting of containers 
shall be by means which will safely do so without probable damage to 
the container, and using the lifting fittings provided'' 
(1917.71(f)(1)(i)). A commenter noted that a decision of an 
Administrative Law Judge of the Occupational Safety and Health Review 
Commission (OSHRC) has held that these current OSHA rules allow any 
lift that has an angle greater than 60 degrees. (Continental 
Stevedoring and Terminals, Inc., 15 BNA OSHC 1966 (ALJ, No. 91-475, 
1992) at CH Tr. p.157).
    Ports or facilities that rely mainly on container gantry cranes 
generally do not perform non-vertical lifting of containers. Non-
vertical lifting of containers is generally performed by mobile cranes, 
portal gantry cranes or by vessel's gear. A non-vertical lift is made 
by connecting four wires (or chain legs) either directly to the crane's 
hook or to a spreader bar hung from the crane. A spreader bar is a 
simple steel beam with two lengths of chain or cable on either end and 
a hook or other fitting on the chain legs to attach to the corner 
fittings of a container. Spreader bars are made shorter than the 
container, both for ease of maneuvering in tight lifts and to avoid 
snagging containers and ship parts or rigging. The longer the spreader 
bar, the more nearly vertical the lift on the container.
    A box spreader can also be used to lift a container vertically 
using a single wire crane. A box spreader is essentially the same 
device that a container gantry crane uses to lift containers. However, 
a box spreader is both heavier and costlier than a simple spreader bar. 
In addition, box spreaders may introduce additional safety risks for 
longshoremen working on container tops. For example, the use of box 
spreaders requires additional maneuvering to position and secure the 
spreader to the container thus increasing employee exposure to falls 
(See, for example Montz at NO Tr. p. 101).
    Mr. Vincent Grey appeared as an expert witness for OSHA in this 
proceeding. Mr. Grey has served as chair of the ISO Technical Committee 
3874, Freight Containers, and is a recognized international expert on 
this mode of cargo handling. In addition to testifying on container 
lifting at the public hearings he also submitted written comments to 
the docket (Exs. 1-31,
6-28, 49, and 50). Mr. Grey supported the Agency's proposed requirement 
permitting only vertical lifting of containers (NO Tr. p. 70). 
According to Grey, containers are designed and have been tested only 
for purely vertical lifts. In addition, he explained that no one, 
including the ISO technical standards committee, has ever conducted a 
study or evaluation on the impact that non-vertical lifting would have 
on the containers (NO Tr. p. 70). He noted that any deviation from 
verticality adds compressive forces along the top rail and tension 
across the bottom of the container and that such forces could cause a 
container to fail, either crumpling across the top or ripping open 
along the bottom, with contents and container possibly falling on 
employees underneath (NO Tr. p. 74). Mr. Grey concluded that since 
containers were designed only for vertical lifts, non-vertical lifts 
reach beyond the margin of safety built into the containers (NO Tr. p. 
72).
    At the hearings during questioning, however, Grey admitted that he 
had never witnessed a container failure due to non-vertical lifting 
(Id. p. 79). He also admitted that non-vertical lifts are common around 
the world in smaller ports and less advanced countries that do not use 
container gantry cranes and that spreader bars of less than container 
length have been used for lifting containers around the world for more 
than 30 years (Id. pp. 83-84). When lifting is done without gantry 
cranes, Grey said, it is quicker and more efficient to employ spreader 
beams and perform non-vertical lifts.
    A number of commenters opposed the proposed requirement. For 
example, John Faulk, representing NMSA, stated that there are no data 
on container failures caused by non-vertical lifts (NO Tr. p. 157). 
Instead, container failures are caused by overloading, improper 
packing, shifting loads, and defects in container construction, 
according to Mr. Faulk's testimony.
    Hal Draper of the West Gulf Maritime Association agreed with Mr. 
Faulk's comments and noted that OSHA had not produced data indicating 
that accidents were occurring as a result of non-vertical lifts (NO Tr. 
p. 223). He also pointed out that the stevedore has no control over 
stowage, and that containers are frequently stowed in such a way that a 
non-vertical lift is required to unload a container or move it to gain 
access to other break bulk cargo. Mr. Draper also listed several 
situations in which it is not feasible to move a container with a 
vertical lift, such as: In midstream cargo operations; when 
inexperienced crane operators cannot handle the gear well; when the 
weight of a box spreader beam for a vertical lift is 7,500 pounds and 
may make the lift exceed the crane's capacity; when a container on a 
box spreader beam with cones would damage other cargo or containers 
when lowered; and when the gear necessary for a vertical lift increases 
the fall hazard for longshore employees because of the additional 
exposure to falls by employees needed to position the spreader. He also 
stated that simple bar spreaders work well for non-vertical lifts 
because they are light--a 36-foot long bar for lifting a 40-foot 
container weighs 3,000 pounds and provides 8 to 10 feet of head 
clearance for employees atop the container. Mr. Draper recommended that 
OSHA allow non-vertical lifts to be made between 80 and 90 degrees to 
the horizontal.
    Other members of industry supported these comments. For example, 
Jim Heikkinen of Transocean Terminal Operators, Inc. stated that his 
firm had used spreader bars for many years without incident and that 
changing to a box spreader bar would increase both the weight of the 
gear and the risk posed to employees working containers (NO Tr. p. 
679). Leo Naekel of Jore Marine Services reported that there were some 
lifts on barges that could not feasibly be made with a purely vertical 
lift (SEA Tr.

[[Page 40172]]

pp. 273-276), and Doug Stearns of Jones Washington Stevedoring Company 
stated that his firm sometimes had to use the ship's gear to move break 
bulk cargo (SEA Tr. p. 390). He also noted that the stevedore cannot 
require ships to carry a box spreader bar to make a pure vertical lift 
and that the weight of a box spreader beam can also be a problem. In 
addition, Mr. Stearns reported that he had never seen a container fail 
with a spreader beam but had seen many drop from box spreader beams. 
Mr. Stearn also questioned the Agency's estimates of the cost involved 
in changing to gear capable of vertical lifting.
    Two commenters, however, supported the proposed prohibition of non-
vertical lifts. For example, Douglas Getchell of the ILWU stated that 
non-vertical lifts should only be allowed when vertical lifts are 
technically infeasible; in his opinion, the alleged economic 
infeasibility of making vertical lifts in some situations should not be 
sufficient reason to allow such lifts (SEA Tr. p. 90). Arguing along 
the same lines, Albert Cernadas of the International Longshoremen's 
Association urged OSHA only to permit vertical lifts, with non-vertical 
lifts allowed only when there is no alternative (NO Tr. pp. 470-472). 
These same unions in the post hearing comment period, however, 
supported studying the risk consequences of a limited non-vertical 
lift. They agreed that there was a need to examine and scientifically 
to identify any conditions where a less than vertical lift could be 
permitted that would not place excessive stress on the containers and 
therefore not place workers at increased risk.
    Several commenters pointed out that there are times when containers 
are stowed in the wings of the hold of a break bulk vessel, which makes 
a true vertical lift impossible (Exs. NMSA et al., PMA et al., 6-10, 6-
16a, 6-28a, 6-29a). In such cases, the container must first be moved 
below the hatch and must sometimes be dragged by attaching cables or 
chains to the corners of one end of the container to pull it along the 
deck. The cumulative effect of these ``dragging'' movements is to 
increase the potential for container failure, and the increased wear 
and tear on the container presents a greater hazard of container 
failure than would a non-vertical lift.
    After the public hearings, NMSA asked Mr. Grey to conduct an 
engineering study to determine whether OSHA should permit a minor 
departure from the 90 degree lift or prohibit non-vertical lifts in all 
circumstances. NMSA was joined in supporting the need for this study, 
in order to help resolve this controversy, by the ILA and ILWU. The 
study was designed to determine, through the use of mathematical 
models, the transverse and longitudinal stresses placed upon a 
container being hoisted from the four corner castings at the extreme of 
a minus 10 deg. tolerance to verticality. The analysis of these 
compressive forces on these ``containers'' were then compared to the 
safe limits found in the ISO specifications.
    In the introduction to the study, Grey explains the 1961 origin of 
the ISO vertical lift specification from his perspective as an active 
member of the technical committee. He indicated that the committee 
``ordained that containers over 10 feet be lifted vertically when being 
picked up by their top corner fittings'' for several reasons (Ex. 80, 
p.2). The world was about to experience the explosion of the growth of 
containerization on the major trade routes. There was no industrial 
experience in handling containers, which were modified trailers from 
the highway trailer manufacturing industry. Partially out of concern 
for the uncertainties of the durability of the containers over their 
life cycles and partially as a matter of engineering convenience, the 
committee never considered the impact of the absolute verticality 
requirement on those facilities that only occasionally had to handle 
containers. Grey expressed ISO's main concern as follows:

    The ISO was essentially aimed at instituting an efficient way to 
move the world's international foreign trade tonnage and at the same 
time minimize labor cost and freight claims. Hence, the ISO 
committee's highest priority was to concentrate on handling the 
boxes in a fully automated system. (Id.)

    As indicated above, no study has ever been conducted by the ISO or 
anyone else to establish criteria for acceptable tolerances to absolute 
verticality until Grey's study.
    Based on the results of his study, Mr. Grey recommended that, under 
certain controlled conditions, lifts that were nearly but not totally 
vertical would be a practical and acceptable safety practice (Ex. 80, 
p.12). His analysis indicated that lifts that were no more than a ten 
degree deflection from vertical would not subject a container to undue 
stress that could compromise the structural integrity of the container 
(Id.). The ILA, ILWU, and NMSA, who collectively represent the 
principal interested parties in this rulemaking, supported Mr. Grey's 
findings, and this group stated its support in a joint post-hearing 
submission (Ex. 85). Mr. Grey's study thus corroborated earlier 
testimony presented by Hal Draper of the West Gulf Maritime Association 
that showed that 80-degree lifts added little additional force across 
either the top or bottom of containers (Ex. 6-29).
    A prohibition on non-vertical lifts would primarily affect smaller 
ports, smaller employers, and ports that handle a mixture of break bulk 
cargo and containers, such as the Gulf Coast. Simple spreader bars have 
been widely used for 30 years to lift containers. Spreader bars are 
relatively light, simply constructed, and allow faster (less costly) 
container lifting than would box spreader beams. Box spreader beams, 
which would be required to provide a true vertical lift at each corner 
fitting, are heavier, costlier, and are infeasible to use in some 
situations.
    After careful consideration of the Grey study and the relevant 
record evidence, and in light of the unanimous support of the major 
cargo handling stakeholders, the Agency has concluded that worker 
safety is not compromised, indeed, is not even affected, by accepting 
any lift that is 10 degrees within vertical to be a vertical lift for 
the purposes of paragraph (f). In addition, OSHA believes that this 
revision will also enhance enforcement efforts as well as voluntary 
compliance by eliminating the confusion and ambiguity that currently 
exists. The final standard thus allows containers to be lifted at an 
angle of 80 to 90 degrees providing the following conditions are also 
met: the container being lifted is an ISO ``closed box container'' 
(other types of containers such as flat racks and open top containers 
must be picked up vertically); the condition of the box is sound, and 
the speed of hoisting and lowering is moderated when heavily laden 
containers are involved. OSHA considers a heavily laden container to be 
one that is loaded to within 20 percent of its rated capacity. To lift 
at an 80 degree angle, the distance between the lifting beam and the 
load must be at least 8 feet and 2.4 inches (2.5 m), the length of the 
spreader beam must be at least 16.3 feet (5 m) for a 20-foot container 
and at least 36.4 feet (11 m) for a 40-foot container. This final 
language has been codified at Sec. 1918.85(f)(1)(i) and is also being 
included in Sec. 1917.71(f).
    Paragraphs (f)(1) (ii), (iii), and (iv) contain requirements for 
hoisting from the bottom fittings, lifting containers by fork lift 
truck, and using other means of hoisting. Paragraphs (f)(2) (i) and 
(ii) establish requirements for intermodal container spreaders that 
employ lanyards and for the design and use of spreader twist lock 
systems.

[[Page 40173]]

    In final rule paragraph (g), the Agency requires that a safe means 
of access and egress be provided to each employee who, due to the 
nature of the work, must work on the top of stowed containers--both 
above and below the deck. In practice, most employees gain such access 
by riding aboard safety platforms installed on container crane lifting 
frames. Such means are permissible when the lift is conducted in a 
manner consistent with design requirements found in the shoreside rules 
(Sec. 1917.45(j)). This provision remains unchanged from the proposal.
    Paragraph (h) applies on vessels using any loaded intermodal 
container spreader. It prohibits employees from riding a spreader with 
a load attached. This provision is also unchanged from the proposal. A 
similar prohibition for the shoreside aspect of marine cargo handling 
(marine terminals) is included in this rulemaking (see 
Sec. 1917.45(j)(9)).
    When safer methods are available, such as safety platforms 
installed on the container crane lifting frame, OSHA requires in 
paragraph (i) that portable ladders not be used to gain access to the 
tops of containers that are stowed more than two high. This paragraph 
of the final rule is unchanged from the corresponding provision of the 
proposal.
    Final rule Sec. 1918.85(j) covers the hazard of falls from the tops 
of intermodal containers. In the proposed standard, the Agency would 
have required, to the extent feasible, the use of ``positive container 
securing devices'' after June 2, 1997, to eliminate work on top of 
containers. Employees who worked at facilities without container gantry 
cranes would have been required to wear personal fall protection 
equipment when working on top of containers except where this was not 
feasible. When fall protection systems were not feasible, employers 
would have had to alert employees to the hazard and instruct employees 
in minimizing the hazard. In a footnote to this provision in the 
proposed standard, a fall hazard was defined to exist when employees 
worked within three feet of the edge of a container that was 10 feet or 
more above the adjoining (lower) or next lower surface. In addition, an 
opening of 12 or more inches between containers constituted a fall 
hazard when there was a drop of 10 feet or more.
    OSHA's current Longshoring and Marine Terminals Standards do not 
contain a specific container-top safety provision. However, the Agency 
has been concerned about falls from the tops of containers for many 
years and has cited employers for such hazards under the General Duty 
Clause (Section 5(a)(1)) of the Act and under Sec. 1918.32(b) of OSHA's 
Longshoring rules (Ex. 1-139). This provision states, in the context of 
stowed cargo and temporary landing platforms:

    When the edge of a hatch section or stowed cargo more than 8 
feet high is so exposed that it presents a danger of an employee 
falling, the edge shall be guarded by a safety net of adequate 
strength to prevent injury to a falling employee, or by other equal 
means of protection under the existing circumstances.

    Although some employers questioned the applicability of 
Sec. 1918.32(b) to container operations, a ruling by an administrative 
law judge established that that provision did indeed have application 
to container top on-deck exposures. The Agency's policy on this issue 
was spelled out in an instruction to its field staff (C.P.L. 2-1.17), 
issued in 1982 (Ex. 1-49). In that instruction, OSHA determined that 
Sec. 1918.32(b) applied to containers but stated that there were 
situations where it would not be feasible to abate the container fall 
hazard. The directive instructed OSHA compliance officers to address 
the infeasibility issues in the following manner:

    A violation [of Sec. 1918.32(b)] shall not be issued; however, 
OSHA should recommend and encourage the employer to work toward a 
solution and assist the employer in every way possible to effect a 
means of protection by advice, consultation and dissemination of 
information obtained during other inspections.

    The Agency has issued few citations for the lack of fall protection 
on container tops. The marine cargo handling industry has sought a 
specific fall protection standard in this rulemaking, one that will be 
uniformly enforced to provide employees with needed protection against 
falls.
    Falls from the tops of containers have resulted in a number of 
serious occupational injuries and fatalities (Exs. 1-18, 1-19, 1-20, 1-
21, 1-22, 1-23,
1-24, 1-43, 1-67, 1-68, 1-100, and 1-108). Before the Longshoring and 
Marine Terminals proposal was published, the Agency contracted for and 
received a report on container top safety from Dr. A. J. Scardino (Ex. 
139). Dr. Scardino is a registered professional engineer who is a 
nationally recognized expert in risk management and hazard 
identification. He has prepared several technical documents for OSHA, 
and has served as an expert witness in OSHA rulemaking and enforcement 
proceedings.
    OSHA hired Dr. Scardino to conduct a representative study of the 
conditions, practices, procedures and hazards associated with 
containerized cargo handling. In his study, Dr. Scardino concluded, 
``Work which requires employees to go aloft on container tops should be 
eliminated (to the extent feasible) through the use of engineering 
controls and work practices.'' (Id. p. 7). The proposed requirements 
for container top fall protection reflected many of Mr. Scardino's 
recommendations.

Fall Protection

    Background. Fall hazards from containers have long been recognized 
by the stevedoring industry as both extremely dangerous and difficult 
to prevent. As early as 1968, U.S. terminal operators recognized the 
need to improve container top safety. That year Matson Terminals, Inc. 
developed the first system of container top fall protection (Ex. 1-53). 
In that system, Matson provided a D-ring fixture to be installed in the 
roof of its containers. Employees working aloft were provided with a 
safety belt and lanyard to secure to the D-ring. For a number of 
reasons, use of the system proved difficult, and it is not used today. 
Since then, numerous systems of fall protection have been developed, 
usually employing an anchorage point located either on a basket lowered 
by a crane, or on cables anchored to containers. In 1970, the Coast 
Labor Relations Committee of the ILWU raised the issue of working on 
containers with OSHA's predecessor agency, the Bureau of Labor 
Standards. In their letter of August 24, 1970 (Ex. 1-50), the Coast 
Committee asserted:

    Consider if you will the dangers attendant to working atop 
containers. They are not equipped with skidproof surfaces, there are 
no protective railings, and there are no requirements that safety 
belts be provided. In dry warm weather such work is dangerous 
enough, but the dangers are critically compounded when workers must 
labor atop these during windy and wet weather. At the very least, 
BLS regulations ought to provide that * * * safety belts be 
[required] for men working aloft.

    As the containerized transport revolution progressed during the 
1970's and into the 1980's, exposure to fall hazards on containers 
increased proportionately. Container use multiplied rapidly and ships 
were designed and built exclusively for the transport of containers. 
These ships eventually would carry several thousand containers, 
stacking them below decks and higher and higher on top of the deck. It 
became necessary to secure containers to each other to prevent 
unintentional movement during transit. To achieve this stability, 
stacking cones were developed that

[[Page 40174]]

workers placed in the corner castings of the container (an operation 
called ``coning'') while the containers were being loaded on the ship. 
This often required employees to work on top of the containers. The 
containers were further secured by installing bridging connectors 
across the corners of the top row of containers and lashing them 
diagonally to the deck with wire cables. Bridging and lashing 
operations also required working on top of containers. When the 
containers were unloaded from the ship, workers removed stacking cones 
from the corner castings of the container (called ``deconing'') while 
working on top of containers.
    Virtually all of the original stacking cones were replaced in the 
early 1970's by twist locks, which eliminated the need for some lashing 
but still required workers to climb on top of the containers to place 
or remove the twist locks. Today twist locks are the most commonly used 
fitting for securing freight containers onboard vessels (Ex. 1-140). 
Newer semi-automatic twist locks (SATLs) were developed in the mid 
1980's. The use of SATLs is now currently employed by most of the large 
shipping lines throughout the world and the United States. In fact, 
OSHA estimates that over 50 percent of ships calling in U.S. ports are 
already utilizing SATLs. (Ex. 2).
    The use of SATLs avoids accidents and saves money. Unlike 
conventional twist locks, which must be inserted by workers on top of 
the container and manually locked, semi-automatic twist locks are 
inserted into the bottom of the container by workers standing on the 
dock; these devices lock automatically when placed on another 
container. Both SATLs and conventional twist locks can be unlocked by 
workers standing on the deck of the ship using an actuator pole, 
although on some container ships the stacks are so high that the pole 
is unable to reach the top container's corner from the deck.
    When unloading using conventional twist locks, the upper container 
is first removed, leaving the twist locks on the top of the lower 
container. Workers must remove conventional twist locks from the top of 
that container before the spreader can attach to the corner castings. 
In contrast to conventional twist locks, SATLs are designed to remain 
attached to the bottom of the container being unloaded. SATLs are then 
removed by workers standing on the dock. Because workers do not need to 
be on top of the containers, the use of SATLs, therefore, eliminates 
worker exposure to fall hazards during this operation.
    The use of SATLs also enhances productivity and reduces lashing 
costs (Ex. 1-140, p. 76; Ex. 1-141). A time-and-motion study that 
compares the performance of conventional twist locks to that of SATLs 
indicates an increase in productivity in the range of 25 to 29 percent. 
This translates to a 11.1 percent overall reduction in stevedoring 
costs (Ex. 1-141, pp. 4, 5; Ex. 2).
    Another advance in securing containers in transit that eliminates 
the need for workers to go on top of containers is the development of 
above deck cell guides aboard vessels. Cell guides are rigid, 
structural members that form cells where containers are stowed. These 
cell guides allow for the ready placement of containers in a manner 
that prevents movement in transit. Although cell guides in the hold are 
common in container ships, above deck cell guides are far less common, 
constituting only 2 percent (Ex. 2, pp. 2-19) of container ships 
calling at U.S. ports.
    In addition, OSHA is aware of the existence of positive container 
securing devices other than those discussed above, such as the SeaLand 
framing system (Ex. 1-57). The final rule uses the term ``positive 
container securing devices'' in the regulatory text. OSHA believes that 
this term is broad enough to allow for the SeaLand framing system and 
other innovative technological improvement.
    While the use of SATLs is the most widespread method of positively 
securing containers that eliminates the fall hazard, OSHA is aware of 
certain problems, such as removing jammed SATLs and non-standardized 
locking systems on SATLs, that have been encountered with their 
application, use and design (Exs. 1-140, 1-142, 1-143,
1-144).
    While container securing devices were undergoing rapid development, 
ports and shippers on the East and West Coasts were replacing older 
derricks and cranes that lifted cargo with a single wire with container 
gantry cranes that vertically lift from four points--one at each 
corner. In a container gantry crane, the crane operator is positioned 
directly above the load and moves with it--offering a much better view 
of the work. Today's container gantry cranes move along the pier on 
rails and employ automated box spreaders that automatically grip the 
container's four top corner fittings to lift it. The container is then 
raised vertically, carried horizontally to the dock (if unloading), and 
then set on a flat-bed truck trailer or similar vehicle. SATLs can then 
be removed before the container is finally lowered onto the truck's 
bed. The entire cycle for a container may take as little as a minute. 
In the container industry, cycle time for loading and unloading 
containers is critical.
    For smaller ports, and especially ports on the Gulf Coast, that 
still must handle cargo in the more traditional ``break bulk'' mode, 
SATLs have not eliminated the need to go aloft (i.e. for employees to 
work on top of the containers). When containers are raised and lowered 
with a traditional single-wire crane typical of this part of the 
industry, the cargo sways and, in addition, the operator is in a cab on 
the dock and has a poor view of the loading process on deck. Without 
workers on the top of containers to steady and guide a container with 
cones in its bottom corners, the cones may damage lower containers, and 
such damage was reported by many commenters to the record. Having 
workers on the top of containers to guide the container also speeds the 
moving operations when using these types of cranes. Typically, when 
single-wire cranes are used to move containers, the crane will have a 
spreader bar almost as long as the container with two cables with hooks 
at either end that are manually inserted into containers' corner 
fittings. This typically brings a worker near the edge of the 
container. In this part of the industry, SATLs cannot eliminate the 
need for workers to go on the top of containers.
    Negotiations between marine cargo employers and unions have in some 
instances resulted in added safety practices for container top work. 
For example, the Longshore Division members of the International 
Longshoremen's and Warehousemen's Union (ILWU) and the Pacific Maritime 
Association (PMA), agreed upon a package of 25 work rules that were 
specifically designed to enhance safety at container terminals, 
including container top safety.
    Internationally, a number of national and multi-national 
organizations have acted on the problem of container top safety. The 
International Labor Organization, in its Code of Practice for Safety 
and Health in Dockwork (Ex. 1-130), specifically requires that:

    A person gaining access to the top of a container should be 
adequately protected against the danger of falling where appropriate 
by wearing a suitable safety harness properly tethered, or by other 
effective means, whilst on the container.

In its Directions for Safety in Dockwork, the National Swedish Board of 
Occupational Safety and Health (Ex. 1-131) provides, in part, that 
``Work on top of a container is only permissible if

[[Page 40175]]

measures have been taken to prevent falling down.'' In the port of 
Hamburg, Germany, a ``lash basket'' designed by a dockworker (Ex. 1-45) 
rides underneath the container spreader and moves between container 
stows. Here, the dockworker remains in this one person basket while 
performing his work, thus minimizing container top exposures. In the 
port of Bremerhaven, a specially designed ``rigger box,'' which is 
similar in configuration to some U.S. container cage designs, provides 
an anchorage for fall protection systems for dockworkers who work on 
top of containers (Ex. 1-52).
    Several significant issues on container top fall protection arose 
during the rulemaking:
    1. At what height, when working on top of containers, was there 
significant risk to employees? At or below 8 feet? At 10 feet? And what 
accident or injury data were available that supported a determination 
of a fall hazard?
    2. When was fall protection technologically or economically 
feasible, whether from container gantry cranes or single-wire cranes?
    3. Was fall protection economically feasible on containers? Was 
fall protection only economically feasible above 10 feet (for two-high 
stacks and higher)?
    Determining the appropriate fall height was the most important 
issue in the rulemaking and received the most attention from 
stakeholders.
    Comments by the National Maritime Safety Association (NMSA) and the 
Pacific Maritime Association (PMA) were representative of employer 
positions. Both PMA and NMSA supported the Agency's proposed 
requirement to engineer out employees' work on top of containers 
whenever feasible. Industry also supported the proposed requirement for 
fall protection only above the first level of containers (PMA et al. 
and NMSA et al.). Several smaller longshoring employers who use non-
gantry cranes for lifting--where the proposed standard would have 
required personal fall protection--noted that in some cases the fall 
protection systems would themselves introduce additional tripping or 
snagging hazards for employees atop containers (CH Tr. pp. 22, 84, SEA 
Tr. p. 71, NO Tr. p. 223).
    Although industry commenters asserted that relatively few 
fatalities had been caused by falls from containers, OSHA presented 
numerous instances of fatalities and injuries resulting from such falls 
over the past 20 years (Exs. 1-18, 1-19, 1-20, 1-21, 1-22, 1-23, 1-24, 
1-43, 1-67, 1-68, 1-100, and 1-108). Labor unions consistently 
advocated the necessity of fall protection while working atop any 
container (Exs. 19, 78, 1-150, NO Tr. pp. 467-470).
    In its comments and public testimony NIOSH (Ex 81, NO Tr. pp. 499-
503) concluded that falls from a one-high container (8 feet or more) 
posed a significant risk of injury or death to an employee. NIOSH 
introduced a study of falls that showed injuries and deaths occurring 
from heights as low as 6 or even 4 feet, although none of these 
incidents were caused by falls from containers. NIOSH representatives 
recommended that fall protection be provided on one-high containers 
(Ex. 81, NO Tr. p. 500).
    Subsequent to the hearing, the major marine cargo handling 
stakeholders (NMSA, ILA and ILWU) participated in joint discussions in 
an attempt to resolve their divergent positions as articulated during 
the hearings. These exercises proved successful as evidenced by a post-
hearing submission (Ex. 85). The stakeholders resolved a number of 
issues, particularly with regard to container top safety. They agreed 
that fall protection is necessary when employees work on any container 
top of 8 feet or higher. In addition, they recognized the existence of 
situations when the use of fall protection presents a greater hazard 
than not using fall protection; they concurred on the definition of 
``Fall hazard''; and they pointed out the need for flexibility in twist 
lock design.
    In the final rule, OSHA is requiring that workers who must work 
atop containers be protected by fall protection in accordance with 
paragraph (k) when they are exposed to a fall hazard. NIOSH data 
demonstrating the risk of death or serious injury from falls as low as 
six feet are convincing and consistent with the injury and fatality 
reports from the Agency's IMIS data and concern for employee risk 
voiced by union presentations. Accordingly, the Agency has concluded 
that working even on the first level of containers poses a significant 
risk to employees.
    Proposed paragraph (j)(1) contained a definition for ``fall 
hazard'' in a footnote. However, because ``fall hazard'' has 
application in other sections of the final longshore rule 
(Secs. 1918.32(b) and 1918.85 (j), (k), and (l)), the definition of 
fall hazard is now included in Sec. 1918.2, the ``Definitions'' section 
of the final rule. According to this definition, fall hazards (absent 
weather considerations) exist only within 3 feet (.92 m) of the 
container's edge (i.e., whenever the container top constitutes the 
employees work surface). As described in Dr. Scardino's findings, under 
no circumstances should the employee's center of gravity (the hips) be 
within 3 feet (.92m) of the unprotected edge of the container without 
fall protection (Ex. 1-139, p.3). This definition makes it clear that 
it is the unprotected edge where the hazard exists, and not necessarily 
the entire work surface. Additionally, any gap of 12 inches (.31 m) or 
more on a horizontal surface formed by containers is considered an 
unprotected edge, and a fall hazard would thus exist under this 
definition. (For further discussion of the gap issue see 51 FR 42685 
and 53 FR 48186).
    With regard to the feasibility of fall protection in cargo handling 
operations, many commenters supported the Agency's preference for 
engineering controls, such as SATLs, that would eliminate fall hazards, 
over the use of fall protection systems. Engineering controls cannot, 
however, completely remove the need to work on top of containers; 
operations such as lashing and installing bridging still require 
personnel to work on top of containers. However, for routine loading 
and unloading, SATLs remove employees from working on top of containers 
when gantry cranes are in use. Although SATLs and cell guides have 
imposed significant costs on the shipping and/or longshoring industry, 
the record clearly indicates that productivity gains have considerably 
offset the cost (see Section VI, Summary of the Final Economic Analysis 
and Regulatory Flexibility Analysis).
    Where containers are lifted with cranes other than gantry cranes, 
SATLs have not eliminated the need for employees to routinely work on 
top of containers. The industry presented examples of container top 
loading and unloading operations from non-gantry crane ports for which 
fall protection was not possible or potentially more hazardous. In New 
Orleans, Mr. John Faulk, representing NMSA testified,

    This leads to the * * * issue of container top fall protection 
feasibility. On page 28614 of the Preamble, OSHA recognizes the fact 
that there may be particular instances when fall protection may not 
be feasible. Examples of situations where the use of fall protection 
systems may prove infeasible are found in Appendix 3 of the 1918 
proposal, but only two examples are listed.
    NMSA recommends that the words ``stair step stows'' and ``valley 
stows'', as well as ``barges,'' as a type of vessel, be added to 
Example 2. A third example stating: ``When hoisting containers with 
single point suspension container handling gear''; and, a fourth 
example, stating: ``While attaching and detaching fall protection 
systems'' should also be added (No Tr. p. 167).

    Dr. Scardino, in response to a question about providing fall 
protection during break bulk operations said:


[[Page 40176]]


    * * * there are some circumstances, again, in order to have fall 
protection, you have to have some place to tie off * * * . When they 
have a single attachment for a boom crane, a truck crane, working 
shore side, the top of the container, all four corner castings, are 
occupied with the pendant lines, and they have to be physically 
removed. There is no place for the individual to tie off. And for 
the system to be effective * * * [it must] be attached to something.
    So in some break bulk situations, unfortunately, there's no 
place to tie the individual off to, other than not to do the 
operation at all (SEA Tr. p. 81).

    The Agency agrees with these findings and the final rule recognizes 
that fall protection may not be feasible in all cases where work atop 
containers is performed.
    The phase-in period. In view of the recent technological 
improvements in positive container securing devices indicated above, 
OSHA finds that many work operations, notably coning and deconing, that 
expose workers to container top fall hazards can now be eliminated. As 
noted above, SATLs have proven to be particularly effective when 
container gantry cranes are utilized (Ex. 1-140). In fact, the use of 
these devices (e.g., SATLs) in these circumstances can, in most 
instances, eliminate the need for workers to go on top of containers. 
In light of this, two years after the date of publication of this rule, 
Sec. 1918.85(j)(1) will prohibit the performance of coning and deconing 
on top of containers being worked by a container gantry crane. OSHA has 
estimated that more than 50 percent of ships calling at U.S. ports 
already utilize SATLs (Ex. 2). Since it is OSHA's policy to allow a 
reasonable time to come into compliance with engineering controls in 
the final standard, the Agency is allowing two years for the 
implementation of positive container securing devices.
    OSHA recognizes that positive container securing devices will not 
entirely eliminate the need for workers to go on the top of containers. 
Certain container placement or securing tasks, in addition to coning or 
deconing, must still be performed. In these situations (e.g., securing 
bridge clamps or releasing jammed twist locks), a comprehensive fall 
protection program must be implemented.
    Where cranes other than container gantry cranes are used to handle 
containers, OSHA recognizes that the use of SATLs may not be feasible. 
The precise placement capabilities of a container gantry crane are far 
superior to other lifting devices, thus facilitating the use of SATLs. 
This enhanced capability is due to the four point suspension system of 
the container gantry crane, which provides greater stability and 
control of the container being handled, enabling the crane operator to 
place the container without assistance. Container operations where the 
spreader is suspended from a single point, on the other hand, have far 
less stability and control and typically require the assistance of 
other employees in the placement of containers. Such employees may be 
exposed to fall hazards. Further, as discussed above, even if SATLs are 
feasible when other than gantry cranes are being utilized, their use 
may not substantially reduce the need for employees to work on 
container tops in the handling of containers. (This is unlike the 
situation with container gantry cranes, where the use of positive 
container securing devices, e.g., SATLs, virtually eliminates the need 
to work on top of the containers.) Therefore, OSHA is not requiring the 
use of positive container securing devices when containers are being 
handled by other than container gantry cranes.
    With regard to the feasibility of fall protection, OSHA recognizes 
that, in this industry, there may be particular instances when fall 
protection may not be feasible. An example of a circumstance where fall 
protection may not be feasible is the placement of an overheight 
container on a chimney stow using gear that requires the manual release 
of hooks. In these types of situations, the standard requires the 
employer to:
    1. Make a determination that an employee will be exposed to a fall 
hazard but that the use of fall protection is not feasible or would 
create a greater hazard;
    2. Alert the exposed employee about the hazards involved; and
    3. Instruct the exposed employee how to best minimize the hazard.
    OSHA emphasizes that such situations are not common and that when 
they do occur, the burden is on the employer to fully comply with these 
requirements before the employee performs the work. In fact, the 
Scardino study indicated that a ``specific set of circumstances could 
not be framed'' where fall protection might not be feasible (Ex. 1-139, 
p. 1). Claims of infeasibility of fall protection will be closely 
scrutinized by the Agency in its enforcement of the final rule.
    As was proposed, the final standard in Sec. 1918.85(k) establishes 
the technical requirements for container top fall protection systems 
(See Sec. 1918.2). Most of the requirements in this paragraph are basic 
to any occupationally related fall protection system. They address the 
design, selection, care and proper use of personal fall protection 
equipment. These elements include an anchorage, connectors, a body 
harness, lanyards, and deceleration devices. For further information 
regarding fall protection systems see Sec. 1910.66 and Sec. 1926.502.
    In addition, Sec. 1918.85(k)(7) and (10) have been specially 
crafted for the container top situation. Paragraph (k)(7) addresses the 
situation where a container gantry crane, or its extension, is being 
used as the anchorage point for the fall protection system in use. 
Under these circumstances, the crane must be placed in the slow speed 
mode and equipped with a remote shut-off switch that is in the control 
of the tied off employee. In addition, an indicator must be within 
sight to inform the employee when the remote shut-off switch is 
operational (CH Tr. p. 28, SEA Tr. pp. 289-290). As proposed, this 
paragraph included language requiring that all crane functions be 
stopped by a remote shut-off switch. It was pointed out during the 
hearings that this could lead to an unsafe condition (e.g. rendering 
the crane inoperable when it was needed for an emergency rescue) (SEA 
Tr. p. 113). OSHA agrees with this position and the final language has 
been amended to limit the operation of the remote shut-off switch 
effects to the trolley, gantry, and hoist functions (i.e. those 
functions that directly affect the employee on top of the container) of 
the crane.
    OSHA has used the term ``designated person'' throughout this 
rulemaking (see definitions--Sec. 1918.2) to identify a person who has 
a special skill in a particular area to do safety-related functions. 
Regarding container top fall protection systems, a ``designated 
person'' could do the daily inspections required in Secs. 1918.85(k)(2) 
and (11). In the proposed rule, however, OSHA believed that the 
complexity of systems design decisions as required by 
Secs. 1918.85(k)(6) and (8) should be made by a registered professional 
engineer. While one commenter contended that, based on his experience, 
engineering certification in this area was not readily available (NO 
Tr. p. 574), the record also contains a post hearing submission that 
includes a list of such engineers (Ex. 84). OSHA now recognizes that 
these specialized engineering skills may not be readily available in 
some locations. Consistent with other OSHA standards, the final rule 
provides flexibility by allowing the certification of equipment by a 
``qualified person.'' A footnote in paragraph (k)(6) defines what is 
meant by the term ``qualified person'' for the purpose of this 
paragraph. To be considered qualified, a person must have a recognized 
degree or professional

[[Page 40177]]

certificate and extensive knowledge and experience in the subject 
field, and must be capable of design, analysis, evaluation and 
specifications in the subject work, project, or product.
    OSHA also recognizes that manufactured fall protection components 
are extensively tested and certified by qualified persons working for 
the manufacturer (probably registered professional engineers). In 
complying with paragraph (k)(8), the employer may rely on these 
manufacturers' certifications with respect to unmodified equipment that 
is being used according to manufacturers' recommendations. Job-made 
components, on the other hand, must be tested and certified by a 
qualified person.
    As noted above, the other fall protection requirement unique to 
longshoring operations in the final rule is paragraph (k)(10). This 
paragraph addresses the situation where the employee is transported by 
a device, such as a safety cage, attached to a container gantry crane 
spreader. Such a device is required to have a secondary means of 
attachment to the spreader besides the primary attachment mechanism 
(usually a hydraulic twist lock mechanism) to prevent accidental 
disengagement (See NMSA et al.). However, OSHA is aware of a system 
used by the Massachusetts Port Authority which employs a mechanical 
device that does not allow the automated box spreader to release the 
safety cage unless deliberate action is taken by employees using the 
cage. The device mechanically prevents two of the spreader's twist 
locks that are on opposite corners from disengaging the cage. In order 
for the crane operator to release the cage from the spreader, the 
personnel in the cage must first lift a lever that allows the two twist 
locks to disengage. The crane operator can not override this back-up 
system, and the spreader's hydraulic system also can not override it. 
The only way to override the system would be to disassemble it. This 
device, although not technically a secondary means of attachment, meets 
the intent of the proposed regulation. Therefore, the final regulation 
has been modified to allow this device by changing the wording from the 
proposed ``secondary means of attachment engaged'' to read a 
``secondary means to prevent accidental disengagement and the secondary 
means shall be engaged''.
    Final Sec. 1918.85(k)(13), which requires the employer to establish 
a procedure that addresses the safe retrieval of an employee in the 
event of a fall, is carried over from the proposal. This provision 
received wide support from commenters (Ex. NMSA et al).
    Final Sec. 1918.85(l) provides for fall protection in container 
operations that require employees to work along unguarded edges (other 
than on container tops). In these situations, fall protection meeting 
the requirements of paragraph (k) of this section must be provided 
where the fall distance is greater than eight feet (2.4 m). This 
primarily addresses work operations such as lashing, locking and 
unlocking twist locks from surfaces other than container tops, or 
signaling to direct the placement of containers. This is consistent 
with OSHA's approach in this rulemaking to fall distances in 
Secs. 1918.32(b), 1918.85(j), (k), and (l). (See definition of ``fall 
hazard'' at Sec. 1918.2.)
    Final Sec. 1918.86, titled ``Roll-on roll-off (Ro-Ro) operations,'' 
which was a new section in the proposal, addresses operations aboard 
Ro-Ro vessels. The emergence of Ro-Ro vessels is a recent development 
and is not addressed in the current rules. Along with container 
operations, this new section has provisions that address advances in 
modern technology in the marine cargo handling industry. The cargo 
generally can be driven on or off the vessel by way of ramps and moved 
within the vessel by way of ramps and/or elevators. Traffic patterns 
can vary greatly in these vessels. Some Ro-Ro vessels carry intermodal 
containers both on deck and below. Examples of such vessels are car 
carriers, which simplify the import and export automobile trades, and 
stern or side port combination carriers, which provide water carriage 
for wheel mounted and containerized cargo. Commonly such vessels are 
fitted with ramps that extend to the dock or wharf, and are fitted with 
internal ramps and/or cargo elevators (lifts). In this manner, cargo is 
either driven through the vessel from deck to deck until reaching its 
final stowage location, or hoisted by cargo elevator to its proper deck 
and then driven to its final stowage location. Once positioned in its 
stowage location, the wheeled cargo is lashed to securing fittings 
provided on the deck. In such operations, lashing personnel are exposed 
to being struck by vehicular traffic. In addition, other employees 
involved with loading or unloading wheeled cargo, both drivers and 
pedestrians, are exposed to traffic hazards. This section addresses the 
hazards attributable to this process, in which employees and vehicles 
are in closely confined and marginally illuminated space.
    In Sec. 1918.86(a), OSHA proposed that an organized system of 
traffic control be established and maintained at each entrance and exit 
ramp. The highest concentration of vehicular and pedestrian traffic in 
Ro-Ro operations, and thus the area where substantial accident 
potential is most pronounced, is the area on and around ship-to-shore 
access ramps. Ramps inside the vessel, although generally not as 
congested as ship-to-shore access lanes, must also be addressed by the 
traffic control system if they experience a periodic traffic flow that 
warrants such control. These provisions, as proposed, received wide 
support and remain identical in the final (Exs. 6-19, NMSA et al., PMA 
et al., SEA Tr. pp. 455-458).
    Final paragraph (b), which remains as proposed, addresses the 
hazard of exceeding the capacity of the ramp used to transfer cargo. 
Ramps must be plainly marked with their load capacity and these 
capacities must not be exceeded (Ex. 1-5).
    Paragraph (c) provides protection for employees that use the ship's 
ramp for access. OSHA proposed that a physical separation be provided 
to separate the lanes of travel for pedestrians and vehicles. When the 
design of the ramp prevents physical separation of pedestrians from 
vehicles, OSHA proposed that a signaler direct traffic and not allow 
concurrent use. Much of the comment and testimony on this paragraph 
addressed the issue of the requirement of a signaler and the 
prohibition of concurrent use (Exs. 6-16a, 71, NMSA et al., PMA et al., 
SEA Tr. pp. 207, 244). One view presented at the hearings asserted 
that, if there were no physical separation on the ramp, simultaneous 
use of the ramp by vehicles and pedestrians (longshore workers 
returning to the ship to unload vehicles) can only be achieved by 
posting a signaler at each stern and side port ramp (Ex. 19). Others 
maintained that this end can be achieved in many different ways and 
suggested that performance language would be more appropriate (NMSA et 
al., PMA et al.). OSHA, in the final regulation, requires a physical 
separation when pedestrians and vehicles are using the ramps 
simultaneously. Examples of physical separation are railings, 
stanchions with wire, rope, or other material separating vehicle and 
pedestrian traffic. Lines painted on the ramp or plastic cones do not 
meet the intent of the regulation. When physical separation is not 
possible, a positive means shall be established to prevent simultaneous 
use of the ramp by vehicles and pedestrians. Examples of positive means 
include a person controlling the use of the ramp or a signal system. 
Verbal instructions and training alone are not sufficient.

[[Page 40178]]

The proposed regulation has been modified in the final rule to reflect 
these changes.
    Final paragraphs (d), (e), and (f), addressing ramp maintenance, 
hazardous routes and air brake connections, respectively, received 
support and remain the same as the proposal (Exs. NMSA et al., PMA et 
al.). These provisions recognize the unique features of modern Ro-Ro 
vessel ramp design that allow for multiple access destinations.
    Final paragraph (g) requires that flat bed and low boy trailers be 
marked with their cargo capacity and not be overloaded. Comment and 
testimony was received that addressed the problems with marking the 
cargo capacity on equipment that may be old, retrofitted, or modified:

    The point being that there's a lot of old equipment out there 
that has been patched up. Various features of the chassis has [sic] 
been changed so that there's no manufacturer out there that would 
come in and say yes, that's my vehicle or my chassis and I sold it 
to you 10 years ago and it was rated at this capacity, and yes, it's 
this capacity now.
    So you're not going to get a manufacturer to do it because they 
have no idea what you've done to that chassis, so it's kind of left 
up to the employer by the owner of that chassis. (SEA Tr. p. 414.)

    Similar arguments were received in both testimony and comment 
recommending that OSHA exempt existing equipment from this requirement, 
having it only apply to new equipment purchased after the effective 
date of the final rule (Exs. 78, NMSA et al.). On the other hand, Doug 
Getchell of the ILWU recommended that OSHA require these markings on 
existing equipment as well.

    There's some very durable equipment out there you're talking 
about that could be in play for a long, long time to come.
    I believe that our position is that all of the equipment should 
be adequately proof-load tested before it's put back into use again. 
(SEA Tr. p. 105.)

    After careful consideration, OSHA believes that ``grandfathering'' 
of this requirement is inappropriate. In the absence of such a marking, 
the capacity of the flat bed or low boy trailer would not be known. 
These trailers are used to transport break-bulk cargo into the holds of 
RO-RO ships, often down steep ramps. Overloaded trailers would 
constitute a serious hazard to employees. However, since the record 
indicates that much unmarked equipment is presently in use, the final 
rule allows the period of one year from the publication date of this 
standard for compliance with this provision. The similar provision in 
Sec. 1917.71(f)(4) will also have a delayed effective date.
    Paragraphs (h), (i), (j), (k) and (l), addressing cargo weights, 
tractors, safe speeds, ventilation, and securing cargo, respectively, 
received general support and remain in the final as proposed (Exs. NMSA 
et al., PMA et al.). In addition, ventilation issues regarding Carbon 
Monoxide (CO) are discussed at length in subpart I, below.
    Proposed paragraph (m) required high visibility vests or equivalent 
protection for authorized personnel working in Roll-on roll-off 
operations. This is similar to an existing requirement in the Marine 
Terminals Standard, Sec. 1917.71(e), which specifies that employees 
working in the immediate area of container handling equipment or in the 
terminal's traffic lanes must wear high visibility vests, decals, 
reflectors or equivalent protection.
    Several issues arose in the rulemaking in regard to the requirement 
for wearing high visibility vests: (1) Whether the Agency had any data 
or analysis that indicated that there was significant risk in wearing 
only reflective decals on hard hats; (2) whether replacing hard hat 
decals with high visibility vests will substantially reduce that risk; 
and (3) whether the Agency had largely underestimated the cost of 
providing high visibility vests. They argued that since the true cost 
was much higher than Agency estimates, and the attendant risk reduction 
had not been demonstrated, the Agency had failed to show that the vests 
are reasonably necessary for worker protection.
    Regarding the lack of data issue, OSHA believes that the record 
clearly indicates several fatalities that may have been prevented if 
the employee had been wearing high visibility vests (Ex. 1-78, 1-89, 
and 1-103).
    Regarding the second issue, some commenters argued that a 
reflective decal or decals placed on the employee's hard hat would be 
equivalent to the protection afforded by a vest (Exs. 6-29a, NMSA et 
al., NO Tr. pp. 154-156, 459.) Several other industry representatives 
reported difficulty in getting workers to wear vests without discarding 
them each day (NO Tr. p. 211). Employers from the Gulf and West Coasts 
reported that for much of the year vests added to the discomfort of 
working in the heat which was an additional reason why employees did 
not wear them (NO Tr. pp. 155, 212). Other commenters noted that vests 
in cold climes often disappeared under coats. For example, a 
representative from NMSA gave this testimony:

    If the vest was visible, of course. The more visibility the 
better it is * * * but in some cases the vest is covered up by an 
outer garment, in cold weather conditions or foul weather, and it's 
not visible anyway. The hard hats are still being worn by the man 
with the reflective devices. The more high visibility you could 
provide, of course, the better it is for everybody. We don't want to 
be limited to just the vest (NO Tr. P. 356).

    In addition, commenters reported that for some operations, such as 
lashing containers, the vests themselves had snagged on ladders or gear 
thus causing accidents (NO Tr. pp. 683 and 690). As a consequence, 
several stevedores who currently supply vests do not require employees 
to wear them while performing container lashing work. OSHA notes that 
these paragraphs do not require the wearing of high visibility vests 
during the lashing of containers.
    NIOSH supported a requirement that employees wear reflective 
material on both their vests and hard hats:

    The portion of the body that's covered by a hard hat that is 
visible from a distance is considerably smaller than the portion of 
the body covered by some sort of an outer garment, be it a vest or a 
coat or what not * * *. I would strongly encourage that reflective 
material on hard hats be in addition to some of the material on the 
trunk of the body. (NO Tr. p. 500.)

    Further testimony on the issue came from a representative from the 
ILWU:

    We've submitted comments, or support the notion, that 
particularly during daylight hours, the vest is far more visible 
than the hard hat. In terms of the amount of square inches, if you 
will, [the vest] is significantly greater than that provided by a 
hard hat * * *. Would you agree that the visibility of an individual 
with a vest and a hard hat during daylight hours is greater than 
with an individual with just a hard hat? (NO Tr. p. 355.)

    In addition, although there are no existing U.S. Government or 
national consensus standards specific to longshoring on the amount of 
high visibility material required on safety clothing, international 
standards do exist. The British/European standard (BS EN 471:1994) 
prescribes minimum amounts of fluorescent and retro reflective material 
for high-visibility clothing (Ex. 71).
    With regard to the equivalent protection issue, OSHA's current 
position was discussed in the preamble to the proposed standard. The 
Agency indicated that the reflective area of a decal on a hard hat is 
substantially smaller than that of a vest, and has no protective value 
if the worker is not wearing the hard hat. In fact, hard hats are not 
required for all work areas in marine terminals and vessels unless 
there is an overhead hazard (NO Tr. pp.

[[Page 40179]]

353-354). Furthermore, the reflective value of decals on hard hats is 
lost when the employee bends over which occurs during the lashing or 
unlashing of automobiles. In contrast, the reflective value of a high 
visibility vest is not only far greater but is not lost even during 
lashing or unlashing operations. Based on its enforcement experience, 
the Agency is aware that high visibility vests are available in various 
sizes (and many types are adjustable) including ones that are large 
enough to wear over cold weather apparel. OSHA's position regarding 
decals remains unchanged from the proposal.
    With regard to the final issue, numerous employers and their 
representatives said that the Agency had grossly underestimated the 
costs of supplying vests in the preliminary regulatory impact analysis. 
They argued that reflective vests would have to be replaced every time 
they were required and that the costs would be excessive (Exs. NMSA et 
al., 80, NO Tr. p. 557). For example, Paul Robinson of Crowley American 
Transport said that his company, which requires all employees to wear 
vests, had spent $57,000 in the past year for vests. OSHA acknowledges 
that some employers have a significant problem controlling the issuance 
of vests. However, the Agency sees little difference between this 
equipment and other personal protective equipment, such as hard hats, 
which the industry has been able to control. In the preamble to the 
proposed standard the Agency had estimated that 75 percent of the 
employees in the industry would require a new vest only once a year. 
The Agency has revised its estimate for supplying high visibility vests 
to the industry (see Section VI, Summary of the Final Economic Analysis 
and Regulatory Flexibility Analysis later in this preamble).
    The Agency has concluded that wearing high visibility vests 
significantly reduces the probability of injury when working on RO/RO 
vessels or container handling ashore because it makes the worker much 
more visible in a busy, congested operation that involves working 
around fast-moving vehicles. Final paragraph (m), therefore, requires 
that only authorized persons be permitted on any deck while loading or 
discharging operations are being conducted and such persons shall be 
equipped with high visibility vests or equivalent protection. In 
addition, a footnote has been added indicating that decals on hard hats 
will not be considered equivalent protection for the purposes of this 
paragraph. However, OSHA will accept high visibility equipment meeting 
the European standards as providing protection that is equivalent to 
that required by paragraph (m). A note has been added with the minimum 
requirements of high visibility and retroreflective material in square 
inches and square meters. The parallel provision in the Marine 
Terminals Standard will be revised accordingly in final 
Sec. 1917.71(e).
    Proposed paragraph (n) provided signaling requirements when 
vehicles were being maneuvered into stowage positions when other 
personnel are in the adjacent vicinity. OSHA received several comments 
on this issue suggesting that a performance-based requirement, one 
stating the goals to be achieved, would be more appropriate than the 
specifications contained in the proposed provision (NMSA et al. and PMA 
et al.). Since the objective of this provision is to prevent vehicles 
being driven into stowage positions from striking employees who are 
lashing these vehicles into place, and since the proposed requirement 
allowed employees only one way to achieve this goal, i.e. under the 
direction of a signaller, OSHA has developed a more performance 
oriented requirement for the final rule to provide both protection and 
enhanced flexibility. In the final standard, this provision reads as 
follows:

    Vehicle stowage positioning. Drivers shall not drive vehicles, 
either forward or backward, while any personnel are in positions 
where they could be struck.

    Section 1918.87, ``Ship's cargo elevators,'' sets out requirements 
for the use of shipboard elevators (lifts) that are most common on many 
different Ro-Ro and combination carrier vessel designs. In approaching 
the issue of elevator usage, OSHA remained mindful of foreign vessel 
prerogatives. The provisions of the final rule are protective of U.S. 
longshore workers, but are not expected to have an impact on any other 
nation's vessel designs.
    Final paragraphs (a), (b) and (d), addressing safe working load, 
load distribution, and open deck barricades respectively, received 
support and they remain essentially the same as the proposal (NMSA et 
al., PMA et al.).
    Proposed paragraph (c), however, would have allowed the vehicle 
driver to ride the cargo elevator when that driver's vehicle was being 
lifted on the elevator. Several commenters wanted the language to be 
changed to allow persons other than the driver to ride the elevator 
with the load (NMSA et al., PMA et al.). The driver is allowed on the 
elevator to make sure the brakes are applied to prevent the cargo from 
rolling. However, allowing other personnel to ride the elevator 
presents an unnecessary danger if a fall hazard, as defined in 
Sec. 1918.2, is present. If riding the elevator does not present a fall 
hazard, however, the record does not support the proposed restriction. 
Therefore, OSHA has modified this paragraph to prohibit personnel from 
traveling on the elevator if fall hazards are present.
    Section 1918.88, ``Log operations,'' is also an entirely new 
section addressing the hazards associated with loading logs from the 
water into a vessel. This is a particularly hazardous operation both 
because of the location where it occurs (on the water) and the nature 
of the cargo. Logs loaded from the water have usually been in the water 
for a long time, causing them to absorb water. The extra water adds to 
their weight and loosens the bark, making the log surface very unsure 
and slippery. In response to comments, the provisions in proposed 
Sec. 1918.38, ``Log rafts,'' which was proposed in subpart D (Walking/
Working Surfaces), are being moved to this subpart and renumbered 
Sec. 1918.88(h) (Exs. NMSA et al., PMA et al.).
    Commenters argued that proposed paragraph (a), ``Working in 
holds,'' could be incorrectly interpreted to mean that employees would 
be required to leave the hold of the vessel whenever and wherever logs 
are being loaded. This language has been clarified to require that 
employees need to remain clear of areas where they may be struck by 
logs. This suggested language received widespread support (Exs. 35, 78, 
NMSA et al., PMA et al.).
    Final paragraph (b) requires that employees working on log booms 
wear personal flotation devices in accordance with Sec. 1918.105(b)(2). 
This requirement is in the current regulation, but was not in the 
proposal. During the hearings, testimony was given supporting the 
retention of language of the current standard which requires the 
wearing of personal flotation devices when working on log booms and 
such language is in the final regulation (NO Tr. pp. 447-449).
    Final paragraph (c) requires the employer to ensure that each 
employee wears appropriate footwear to climb or walk on logs. Such 
footwear typically is spiked, also known as ``caulked'' shoes. Such 
specialized footwear may be styled like a sandal that attaches to 
existing footwear, and is specifically designed for working logs. 
Comment was received suggesting that OSHA should not determine who 
would provide this item of personal protective equipment (PPE) (Exs. 
NMSA et al.). OSHA has a standing policy regarding the provision

[[Page 40180]]

of PPE. See subpart J for a discussion on this issue. OSHA has 
interpreted its general PPE standards to require employers to provide 
and to pay for specialized PPE required by the company for the worker 
to do his or her job safely and in compliance with OSHA standards. OSHA 
considers special footwear needed for walking on logs to be such 
equipment. The final remains essentially the same as the proposal, with 
the term ``caulked sandals'' added as an example of such special 
footwear.
    Paragraphs (d), (e), and (f), addressing lifelines, Jacob's ladders 
and life-rings, received support and remain the same in the final as 
proposed.
    Final paragraph (g) requires that a rescue boat be available when 
employees are working on log rafts or booms. Commenters presented two 
positions on this issue. One commenter urged OSHA to require that the 
rescue boat be powered, citing the hazard of employees falling into the 
water while loading logs from the water and being carried away by the 
river current. Requiring that the rescue boat be powered would allow an 
employee who falls into the water to be rescued quickly, in the opinion 
of this commenter (Ex. 19). An opposing view was expressed by other 
commenters, who argued that the fact that other lifesaving equipment, 
such as the life-ring required to be available by paragraph (f), was 
already required and the fact that a non-powered boat was often all 
that was necessary, made any requirement for a powered rescue boat to 
stand by while employees were loading logs excessive (Ex. 37, SEA Tr. 
pp. 412-413).
    The final rule adopts a performance approach and requires that 
rescue boats that are ``capable of effecting immediate rescue'' be 
available during logging operations. The employer must thus decide, 
based on local conditions, what type of rescue boat is appropriate to 
the immediate circumstances. For example, when currents are fast enough 
to carry an employee away, the final rule would require employers to 
make a powered rescue boat available. It should be noted that OSHA's 
enforcement policy regarding drowning hazards incorporates guidelines 
developed by the U.S. Army Corps of Engineers (Exs. 1-159 and 1-160). 
These guidelines require a powered rescue boat to be available whenever 
the waters are rough or swift or where manually-operated boats are not 
practicable. In addition, OSHA requires that anti-drowning measures be 
taken in scuba diving at a trigger current of one knot 
(Sec. 1910.424(b)(3)). In light of these discussions and to assist 
employers in complying with these rescue provisions, the final rule 
specifies in a note that powered rescue boats are required when the 
current exceeds one knot.
    As discussed in the beginning of this section, proposed 
Sec. 1918.38 has been moved to this subpart and has been renumbered 
Sec. 1918.88(h) (1), (2) and (3). Although paragraph (2) in the 
proposal required walking sticks on the ``off-shore side of the 
vessel,'' commenters pointed out that logs can be worked on both sides 
of the vessel. (Exs. 36, 78). OSHA has amended the proposal 
accordingly, requiring in the final that walking sticks ``* * * extend 
along the entire length of all rafts on the sides of the vessel being 
worked * * *''
    Proposed Sec. 1918.89, addressing the handling of hazardous cargo, 
was carried over from the existing Longshore Standard (Sec. 1918.86). 
OSHA requested comment from the public asking if the requirements in 
proposed paragraphs (a) and (c) were unduly repetitious. Commenters 
indicated that these requirements were, indeed, redundant and, were 
therefore unnecessary (Exs. NMSA et al., PMA et al.). OSHA agrees that 
these requirements are already addressed in the Hazard Communication 
and the Emergency Response requirements found in subpart A and subpart 
I, respectively, and has removed these provisions from Sec. 1918.89 in 
the final rule. The text of proposed paragraph (b), which required that 
hazardous cargo be secured to prevent spillage, now becomes the 
entirety of the text of final Sec. 1918.89. For consistency, these 
changes are reflected in part 1917 (Sec. 1917.22).
Subpart I--General Working Conditions
    Subpart I, General Working Conditions, contains provisions that 
address: dangerous atmospheres; lifesaving equipment such as first aid 
kits and life rings; hazard communication; sanitation; qualifications 
of machinery operators and training of supervisors; illumination; and 
housekeeping. These provisions, as proposed, received widespread 
support from commenters (Exs. NMSA et al., PMA et al.) and are 
essentially unchanged in the final rule, except as discussed below.
    Section 1918.90 ``Hazard communication'' is a cross reference to 
the Scope and Application section of the final rule. It requires, by 
reference, compliance with OSHA's general industry hazard communication 
standard, Sec. 1910.1200. Consistent with the President's Initiative to 
reduce the size of the Code of Federal Regulations (CFR), OSHA has 
decided simply to cross-reference the Hazard Communication Standard in 
the Scope section as one of the part 1910 provisions applicable to 
longshoring, instead of incorporating that entire standard into this 
rule. OSHA is using this same incorporation by reference approach in 
the Marine Terminals Standard (part 1917). This strategy results in a 
net savings of approximately 50 pages in the CFR.
    Final rule Sec. 1918.91 addresses housekeeping requirements, e.g. 
slippery surfaces, protruding nails, and so on, and remains essentially 
the same as the proposed section, with one exception. As stated in the 
proposal, OSHA considers lashing gear used with containers, roll-on/
roll-off cargo, and, in particular, automobiles, to be ``equipment,'' 
and, in the final rule, lashing gear is specifically referred to in 
paragraph (a). These housekeeping provisions are necessary to maintain 
a safe work area and reduce accidents to employees handling cargo.
    Final rule Sec. 1918.92 provides illumination requirements for 
cargo handling work aboard vessels and remains the same as the 
corresponding section of the proposal. These illumination requirements 
are consistent with those in the current Marine Terminals rule (see 
Sec. 1917.123). They specify illumination levels in walking, working, 
and climbing areas; methods of measurement; arrangement of light 
sources; requirements for portable lights; and prohibition of the use 
of matches of open flame lights. Both part 1917 and part 1918 require a 
minimum of five foot-candles (54 lux) of illumination during cargo 
operations.
    Final Sec. 1918.93 requires protection from atmospheric hazards 
that are not addressed specifically in other sections of part 1918. A 
list of those sections is included in paragraph (a) for ease of 
reference. This section establishes requirements for the determination 
of the hazard, testing for the hazard when ventilation is being 
applied, and procedures for entry into hazardous atmospheres. In 
addition, the hazards associated with emergency entry and asbestos 
spills are also addressed. This section remains essentially the same as 
the parallel section of the proposal. The types of atmospheric hazards 
likely to be encountered by shipboard employees are much the same as 
those found in shoreside operations. Consequently, this section of the 
final rule contains provisions that are essentially identical to those 
found in the Marine Terminals Standard (see Sec. 1917.23). This 
approach will provide consistent requirements that appropriately 
address both aspects of marine cargo transport operations.

[[Page 40181]]

    Section 1918.94 of the final rule, ``Ventilation and atmospheric 
conditions,'' provides ventilation and other requirements for specific 
atmospheric workplace conditions that are found in longshoring 
operations, such as excessive concentrations of carbon monoxide (CO), 
atmospheric contamination by fumigated grains, tobacco, and other 
fumigated cargoes, and toxic atmospheres generated by menhaden and 
similar species of fish.
    Paragraph (a) addresses the hazards associated with shipboard 
exposures to carbon monoxide. The buildup of unhealthy levels of carbon 
monoxide is of particular concern in breakbulk and Ro-Ro vessel 
operations. In the former, forklifts are used in the hold; in the 
latter, almost any type of vehicle can be operated either to perform 
material handling or because the vehicle itself is the cargo (i.e. 
vehicles being transported on Ro-Ro ships).
    Carbon monoxide is a flammable, colorless, practically odorless 
gas. Most occupational exposures to this ubiquitous substance are the 
result of the incomplete combustion of organic material (HSDB 1990; 
Gosselin, Smith, and Hodge 1984, p. III-94).
    OSHA's current limits for carbon monoxide in marine terminals and 
longshoring are 50 ppm as an 8-hour TWA and, in enclosed spaces, a 100 
ppm ceiling, i.e. the maximum allowable exposure at any given point in 
time. The ACGIH has a TLV -TWA (8-hour) of 25 ppm for carbon 
monoxide, and NIOSH (1973d/Ex. 1-237) recommends an 8-hour TWA limit of 
35 ppm and a 200-ppm ceiling for CO. OSHA proposed to establish 
permissible exposure limits (PELs) of 35 ppm (8-hour TWA) and 200 ppm 
(5 min STEL) in outdoor, non-enclosed spaces in the marine cargo 
handling environment, and to retain the 100 ppm ceiling for CO in 
enclosed spaces in marine terminals and longshoring operations.
    In addition to the 50 ppm TWA in Subpart Z of part 1910, OSHA's 
Longshoring and Marine Terminals Standards have long had a 100 ppm 
ceiling for CO in enclosed spaces. OSHA received several comments and 
considerable testimony concerning the proposed 100 ppm ceiling (Exs. 
PMA et al., 71, 77, 80). The Pacific Maritime Association also 
recommended a short-term exposure limit of 200 ppm measured during a 
five minute period for Ro-Ro and automobile-carrying ships (enclosed 
spaces). This recommended STEL paralleled OSHA's proposed requirement 
for a CO limit for outdoor, non-enclosed spaces (SEA Tr. pp. 189-190.)
    Mr. Rob Dieda, Safety Director for Stevedoring Services of 
America's California operations, supported the PMA position and added 
that:

    Preliminary inquiries indicate that drivers will not exceed the 
8-hour time weight average, however, foremen, superintendents and 
clerks may be overexposed, depending on the ventilation of the ship 
being worked.
    SSA's other jobs rarely last more than one shift, with 6-hour 
shifts being normal. Most operations utilize unit breaks for 
approximately 20 minutes, once or twice a shift, depending on the 
shift length, where all employees exit the vessel.
    We average 12 vessels per month, so employees are not exposed 
daily. (SEA Tr. p. 300.)

    Mr. John Fling, Safety Specialist for Red Shield Service Company 
testified:

    During our testing, the measurements were taken in the breathing 
zone of the individuals and in the proximity of the foremen and 
clerks. We received periodically what I call spikes because of their 
duration. We would get spikes well over 100. I got one spike even 
over 200.
    Now I call these spikes, because * * * of the duration * * * 
they would quickly go up, peak out, and then immediately start 
falling off. Things influencing these spikes was [sic] the 
ventilation on the ship, the type of car being discharged, the 
number of cars being discharged.
    Each time that meter went over 100 parts per million we were 
technically in violation; we were supposed to evacuate the ship at 
that point, according to the rule. However, because of the way the 
level falls off, before we could even start the evacuation, we were 
back below 100.
    The time weighted averages on all of these vessels has never 
exceeded 50 parts per million over the eight hour period. As a 
matter of fact, we're still well within the 35 parts per million 
within an eight hour period.
    So our recommendation, from a standpoint of compliance, would be 
to adopt the 35 parts per million TWA and use the 200 parts per 
million either as an STEL or even as a ceiling. (SEA Tr. pp. 508-
509.)

    Mr. Fling also submitted written testimony that included actual 
carbon monoxide readings from several Ro-Ro vessels that showed a few 
readings above 200 ppm. It also showed that the reading taken 
immediately (within one minute) after these high peak readings was 
below 100 ppm and that subsequent readings well below 100 ppm. Eight-
hour exposure levels were all well below 35 ppm (Ex. 72).
    The National Institute for Occupational Safety and Health (NIOSH) 
testified at the hearings in New Orleans on the health effects of 
carbon monoxide. Mr. Larry Reed, Assistant Director for Policy 
Development, Division of Standards Development and Technology Transfer, 
said that, although NIOSH supported a 100 ppm ceiling as being more 
protective, the NIOSH recommended exposure limit (REL) for carbon 
monoxide is 35 ppm as an eight-hour time weighted average, with a 
ceiling limit of 200 ppm. The OSHA panel asked if NIOSH had data on 
CO's health effects that could support a five-minute short-term 
exposure limit (STEL) of 100 ppm for carbon monoxide (NO Tr. p. 619). 
NIOSH replied in post hearing comments that it could not support a 
five-minute STEL of 100 ppm because such a limit would allow peak 
concentrations of CO to exceed the ceiling of 200 ppm and that the 
adverse health effects of exposure at that ceiling have clearly been 
demonstrated in research. NIOSH reiterated its support for a ceiling of 
200 ppm (Ex. 81).
    Occupational fatalities and disabling illnesses still appear on the 
waterfront due to high levels of (CO) accumulating in cargo spaces. In 
1980, 11 longshoremen working a vessel in Miami, Florida, were 
hospitalized after being overcome by carbon monoxide fumes (Ex. 1-76). 
Another incident involving carbon monoxide occurred in 1985, in Puerto 
Rico, where 12 longshoremen were overcome while working in the hold of 
a vessel where a propane-powered fork lift was being used (Ex. 1-77). 
In another incident in Miami, which occurred in 1988, 2 crewmembers 
were killed and 14 others hospitalized due to carbon monoxide poisoning 
that was caused by a gas-powered water pump that was being used to 
remove water from the hold of a vessel (Ex.1-81).
    In 1989, OSHA promulgated a new air contaminant standard for 
general industry, updating the permissible exposure limits (PELs) found 
in subpart Z of part 1910. (OSHA later proposed a similar air 
contaminants standard for maritime and construction employment, but 
withdrew it after the court decision on the part 1910 PELs.) Included 
in the list of updated exposure limits in subpart Z were carbon 
monoxide (CO) and hydrogen sulfide (H2S). When the general 
industry standard was vacated and remanded by the U. S. Court of 
Appeals in the PELs decision (AFL-CIO v. OSHA, 965 F.2d 962 (11th Cir. 
1992), the previous PELs continued in effect, and they still apply to 
general industry and maritime, including longshoring and marine 
terminals. The current PEL for CO is 50 ppm as an 8-hour time-weighted 
average (50 ppm TWA), and the ceiling for H2S is 20 ppm TWA. 
(On H2S, see discussion of Sec. 1917.94(f) below.)
    In issuing this final rule on cargo-handling operations, OSHA has 
reviewed the record and has decided to retain the current 50 ppm TWA 
for CO for both marine terminals and

[[Page 40182]]

longshoring, which is consistent with the TWA for general industry in 
subpart Z of part 1910. The Agency believes that it is unnecessary at 
this time to lower the TWA below the general industry level because the 
unique aspects of exposure to CO in marine cargo handling operations 
are addressed by the ceiling for CO exposure in enclosed spaces, as is 
discussed more fully below. In future rulemakings, OSHA intends to 
review many of the PELs in subpart Z and determine whether there is a 
need to lower them. Any rulemaking action to reduce the TWA for CO or 
H2S will address exposures to those substances in all 
workplaces covered by subpart Z, including longshoring and marine 
terminal operations.
    In addition to continuing the 50 ppm TWA, the record of this 
rulemaking strongly supports the continued need for a 100 ppm ceiling 
for CO in enclosed spaces, with the limited exception of a 200 ppm 
ceiling for Ro/Ro operations. In longshoring and marine terminals, 
employees regularly enter and work in enclosed spaces. Exposure can 
rise much more quickly to IDLH levels in enclosed spaces, and escape 
from these spaces can be difficult. In these sectors, there is thus a 
higher potential for concentrations to rise to IDLH levels of CO. The 
100 ppm ceiling for enclosed spaces in the final rule is intended to 
serve as a trigger level, to enable employees to exit the enclosed 
spaces before CO concentrations reach hazardous levels. This is 
particularly important because of two factors that are closely 
interrelated: First, employees working in enclosed spaces may need more 
time to exit those spaces because of their location and configuration 
aboard a vessel; and second, CO generated into an enclosed space can 
rapidly accumulate to unsafe levels. Thus, by requiring employees to 
exit enclosed spaces when the CO level reaches 100 ppm, the standard 
takes these factors into account to assure that the employees will not 
be exposed to hazardous concentrations of CO in the spaces.
    With regard to the 200 ppm exception, uncontroverted testimony in 
the record indicated that a 100-ppm ceiling level was not feasible for 
Ro-Ro operations even though Ro-Ro vessels are designed with extensive 
ventilation capabilities. As indicated above, these commenters pointed 
out that, although levels of CO do spike to 100 ppm, they almost 
immediately fall below this level, with subsequent levels well below. 
In addition, from an operational standpoint spikes may occur upon 
starting the vehicles for unloading. Typically, employees are within 
the vehicles and are in the process of exiting the vessel. If a CO 
alarm were to go off under these circumstances, it appears unreasonable 
to require the employees to stop the vehicles and evacuate the vessel 
on foot, thereby increasing their exposure (See also PMA et al.). This 
type of exposure contrasts sharply with non-Ro-Ro operations, such as 
working in the hold of a vessel using gasoline powered industrial 
trucks. Here the CO build up is gradual, does not dissipate rapidly and 
the evacuation is usually by vertical ladder and more physically 
demanding. Based on this evidence, OSHA is setting a 200 ppm ceiling 
limit for occupational exposure during work on those vessels. The 
Agency notes that although this exception is based on feasibility 
considerations, it does meet the NIOSH recommendations for a ceiling 
based on health considerations.
    In the near future, OSHA intends to review and revise many of the 
permissible exposure limits currently in subpart Z of Part 1910, most 
of which are applicable to both general industry and longshoring 
employment. If the health evidence supports lower limits for CO than 
are contained in either the current General Industry Standard or the 
Longshoring Standard, the Agency will propose the necessary changes for 
both standards.
    Traditionally, in the marine cargo handling industry, carbon 
monoxide (CO) is the most common hazardous atmosphere that is tested 
for because of the use of cargo handling equipment that is powered by 
gasoline, diesel fuel, and propane, in spaces on a vessel that have a 
tendency to accumulate CO (tween decks, holds, lockers). Testing for 
carbon monoxide is generally done by a foreman, superintendent, or 
safety person. Most testing is done using hand-held instruments that 
give an almost immediate reading of CO in parts per million (ppm). 
Several persons testified at the hearings in Seattle about current 
industry practice with regard to carbon monoxide testing. Mr. John 
Fling, Safety Specialist, Red Shield Service Company, said:

    Jones Oregon Stevedoring Company does a large number of auto 
ships each year. We use a carbon monoxide dosey [dosimeter] tube to 
measure the amount of carbon monoxide that the foremen are exposed 
to. This gives us an average reading for the shift.
    To get a better picture of what was happening on a time period, 
we ran concurrently tests using a digital readout carbon monoxide 
meter. The meter was calibrated both before and after the tests.
    During our testing, the measurements were taken in the breathing 
zone of the individuals and in the proximity of the foremen and 
clerks * * * (SEA Tr. pp. 508-509.)

    The current OSHA regulation uses the term TWA, time weighted 
average, and requires that the TWA for CO not exceed 50 ppm averaged 
over an eight hour period. In marine cargo handling, however, a TWA 
usually will not accurately reflect an employee's exposure to air 
contaminants such as CO. Marine cargo handling exposes employees to 
workplace conditions that can change dramatically from minute to 
minute. Longshore workers work on many different vessels from day to 
day. The vessels are often under a foreign flag and not under the 
control of the employer, and the employee's work locations and weather 
conditions are always changing. For example, work can take place in a 
hold, which is an enclosed space, and then change to a frozen cargo 
locker, which is a confined space, within a short time. Changing 
weather conditions can cause carbon monoxide either to dissipate 
quickly (in windy conditions) or settle and build up (during the summer 
when the air is stagnant). These work conditions contrast sharply with 
those in manufacturing, for example, where the workplace is in the same 
location day after day, the employer has control over the physical 
worksite, and weather is not a factor. For these reasons, the cargo 
handling industry uses direct reading instruments, which provide 
immediate feedback on CO levels. The measurements are area rather than 
personal measurements. When the peak level is reached, workers must be 
removed from the work area. To ensure that CO levels remain safe over 
the course of the work shift, the rule requires ``that tests of the 
carbon monoxide content of the atmosphere are made with such frequency 
as to ensure that concentrations do not exceed allowable limits.'' 
Since the requirement for the retention of logs is addressed in subpart 
Z (Access to employee exposure and medical records, Sec. 1910.1020), 
the proposed requirement for maintaining the logs under 
Sec. 1918.94(a)(2) has been deleted from the final rule to avoid 
duplication (See Sec. 1918.1). In final Sec. 1917.24(a) and 
Sec. 1918.94(a)(ii), OSHA uses the term ``eight hour average area 
level.''
    The remainder of the paragraph on carbon monoxide addresses the 
vessel's mechanical ventilation and the use of portable blowers. These 
requirements are essentially unchanged from the proposal, except that 
the formula for calculating an eight hour time weighted average has 
been removed from the final regulation because it is appropriate for

[[Page 40183]]

personal monitoring and not for area monitoring 
(Sec. 1918.94(a)(1)(i)(B)).
    In final Sec. 1918.94(b), OSHA addresses the hazards associated 
with handling grain treated with fumigants. This section requires, 
before handling bulk grain in any vessel compartment in which employees 
are or may be present, that the employer determine whether grain to be 
loaded or discharged aboard a vessel has been fumigated. If such 
treatment has been carried out, the employer must determine, by means 
of tests, that the atmosphere in the compartment is not hazardous to 
the health or safety of employees. These tests must be conducted by a 
designated person with the knowledge and experience to measure such 
atmospheres and prescribe the appropriate protective equipment, if 
necessary. In many cases, such a person will be a certified industrial 
hygienist or a Marine Chemist (certified by the National Fire 
Protection Association). This section also requires that, if the 
atmosphere in a compartment reaches the level specified as hazardous 
either by the fumigant manufacturer (as indicated by the Material 
Safety Data Sheet (MSDS) required by 29 CFR 1910.1200) or by Subpart Z 
of 29 CFR 1910.1000, all employees must be removed from the compartment 
and may not re-enter until tests demonstrate that it is safe to do so. 
The requirements in final Sec. 1918.94(b) remain essentially unchanged 
from the parallel requirements of the proposal.
    Final Sec. 1918.94(c) includes OSHA's requirements for handling 
cargoes of fumigated tobacco. Tobacco cargoes, both imported and 
exported, are shipped most typically in bales, in hogsheads, and in 
intermodal containers. The requirements in Sec. 1918.94(c) apply when 
cargoes are break-bulk, i.e. are being transported in piece lots of 
bales or in hogsheads. When such cargoes are containerized, employee 
exposure is addressed in the Marine Terminals Standard, 
Sec. 1917.25(g). Comment was received requesting that OSHA clarify 
whether this section applied exclusively to break-bulk cargo (Ex. NMSA 
et al.). In response to this comment, OSHA has added the word ``break-
bulk'' to this provision of the final rule. Paragraph (c) prohibits the 
employer from loading tobacco until the carrier has provided a written 
certification stating whether or not the tobacco has been fumigated. 
This requirement is necessary because tobacco is often fumigated with 
toxic substances, in which case the cargo must be aerated for a 
specified number of hours before it is safe to handle.
    Final Sec. 1918.94(d) addresses other fumigated cargoes. It 
requires employers to determine that the concentration of fumigants are 
below those specified either by the fumigant manufacturer (as indicated 
by the Material Safety Data Sheet (MSDS) required by Sec. 29 CFR 
1910.1200) or by subpart Z of 29 CFR 1910.1000 as hazardous before such 
cargo was either loaded or discharged. The proposed provision would 
only have applied to the loading of such cargo. OSHA received the 
following comment on this provision:

    In recent years the ILWU has been receiving and discharging 
cargo that has been fumigated in foreign ports (e.g. the discharge 
of logs from New Zealand and Chile that have been fumigated with 
methyl bromide). (Ex. 78.)

    This commenter requested that the word ``discharge'' be added to 
Sec. 1918.94(d) to address the fact that some cargo continues to be 
hazardous even at the time of discharge from the vessel. Testimony 
provided during the public hearings (NO Tr. p. 381) supported this 
change. OSHA agrees that the added language will provide additional 
protection and has accordingly amended the language of this provision 
in the final rule.
    Final paragraph Sec. 1918.94(e) addresses the use of personal 
protective equipment (PPE) to protect against exposures to 
concentrations of grain dust. It requires the use of such PPE when 
employees are exposed to grain dust concentrations that are above those 
allowed by subpart Z of 29 CFR 1910.1000. This provision is essentially 
unchanged from that proposed.
    Final Sec. 1918.94(f) addresses longshoring operations aboard 
vessels engaged in the menhaden trade (or trade in similar species of 
fish). Menhaden is a term that refers to several species of trash fish. 
Menhaden is used to produce, among other products, fertilizer, pet food 
and fish oil (See 46 FR 4213.) In the form of cargo handled at 
specialized menhaden marine terminals, menhaden presents a health 
hazard to longshore workers because it decomposes, generating hydrogen 
sulfide (H2S). As recently as 1987, a hydrogen sulfide 
incident aboard a menhaden vessel led to serious injury and a fatality 
(Ex. 1-80). This section of the final rule does not apply to vessels 
that are using refrigerated holds for the storage of all cargo, because 
refrigeration prevents the menhaden from decomposing.
    This section requires that, before employees enter a hold that 
contains menhaden, the hold be tested for hydrogen sulfide and oxygen 
deficiency. These tests must be performed by designated supervisory 
personnel. The maximum allowable atmospheric concentrations of hydrogen 
sulfide, as measured by direct reading instruments is a 20 ppm ceiling. 
The oxygen level must not be less than 19.5%. Unless these atmospheric 
levels are met, employees are not permitted to enter the hold. The 
corresponding provisions of the Marine Terminals Standard appear at 
Sec. 1917.73(a)(2).
    OSHA's current limit for hydrogen sulfide in Marine Terminals is a 
20 ppm ceiling; this limit applies, along with other provisions, in 
menhaden tanks (Sec. 1917.73); the Agency's current Longshoring 
Standard is silent with regard to both H2S and menhaden. The 
General Industry Standard (which applies to marine terminals and 
longshoring through subpart Z of Part 1910) is a 20 ppm ceiling.
    OSHA proposed an 8-hour TWA of 10 ppm in Longshoring and Marine 
Terminals and a STEL of 15 ppm for menhaden operations. It should be 
noted that this rulemaking only addresses the appropriate level of 
H2S in compartments, holds, and enclosed spaces and does not 
apply to other circumstances in longshoring operations and marine 
terminals.
    As discussed earlier, OSHA intends to review and revise many of the 
permissible exposure limits currently in subpart Z of Part 1910, most 
of which are applicable to both general industry and longshoring 
employment. As a result, OSHA has decided not to change the permissible 
exposure limits for H2S in longshoring or marine terminal 
operations at this time. The 20 ppm ceiling currently in the part 1910 
subpart Z standards will continue to apply; for consistency between 
shipboard and shoreside cargo handling operations, OSHA is retaining 
the existing 20 ppm ceiling contained in the Marine Terminals Standard 
(Sec. 1917.73(a)(2)) and making it applicable to longshoring as well 
(Sec. 1918.94(f)). If the health evidence ultimately supports lower 
limits for H2S than are contained in either the current 
general industry standard or the longshoring standard, the Agency will 
propose the necessary changes for both standards.
    Final Sec. 1918.94(f) requires that atmospheric testing be 
conducted prior to entry, and during work operations to ensure safe 
levels of both H2S and oxygen, that the tests must be 
conducted by designated personnel, and that employees may not enter a 
hold unless safe atmospheric levels of both H2S and oxygen 
are present.

[[Page 40184]]

    Final Sec. 1918.95, titled ``Sanitation,'' contains requirements 
necessary to maintain sanitary conditions. These provisions, for the 
most part, are consistent with the current regulations for shoreside 
cargo handling (Sec. 1917.127). They address washing and toilet 
facilities, drinking water, eating areas, and garbage and overboard 
discharges.
    OSHA received considerable comment and testimony objecting to the 
inclusion of tables in the proposal specifying the number of required 
toilet facilities (Exs. NMSA et al., PMA et al., 6-31a, SEA Tr. p. 107, 
NO Tr. pp. 160-161, 361-365, 387, 559-562). The Agency does not believe 
that the tables are necessary, and has decided, instead, to use the 
more performance-oriented language of the current Marine Terminal 
Standards. This change also has the added benefit of achieving 
uniformity between the two aspects of marine cargo handling operations.
    Longshoring work is normally done next to a marine terminal. If the 
marine terminal's sanitation facilities are available for longshore 
employees, this would constitute compliance with Sec. 1918.95. Section 
1917.127, which covers sanitation at marine terminals, is essentially 
identical to Sec. 1918.95. The remainder of Sec. 1918.95 is essentially 
unchanged from the corresponding provisions of the proposal.
    Final Sec. 1918.96, titled ``Maintenance and repair work in the 
vicinity of longshoring operations,'' addresses work (such as ship's 
maintenance and repair) performed while marine cargo handling 
operations are being done. In such circumstances, employees may be 
exposed to hazards not found in longshore operations (such as excessive 
light or heat from hot work or over spray from abrasive blasting or 
spray painting). In OSHA's current Longshoring Standard, the parallel 
provisions (Sec. 1918.95) contain requirements to account for the 
hazards that can be anticipated when maintenance and repair work are 
undertaken concurrently with cargo handling. These requirements were 
proposed as Sec. 1918.95, and only minor changes have been made to 
improve clarity.
    Sections 1918.96(a) through (d) remain the same as proposed. These 
requirements prohibit the conduct of longshoring operations in 
situations where the noise associated with maintenance or repair work 
is such as to interfere with the ability to communicate warnings or 
instructions (paragraph (a)); prohibit longshoring operations in the 
hold or on deck if work is being performed overhead that could expose 
longshore employees to falling objects (paragraph (b)); prohibit 
longshoring operations in conditions that could expose longshoring 
employees to damaging light rays, hot metal, or sparks from hot work 
operations being conducted in the vicinity (paragraph (c)); and 
prohibit longshoring operations in the immediate vicinity of abrasive 
blasting or spray painting operations to protect longshore workers from 
exposure to the hazards associated with these operations (paragraph 
(d)).
    OSHA also proposed in Sec. 1918.96(e) to prohibit cargo handling 
operations where employees are exposed to electromagnetic (nonionizing) 
radiation emitted from the radio and radar equipment on the vessel or 
from radio and television towers that are close to marine cargo 
handling facilities. OSHA issued a Hazard Information Bulletin on 
September 5, 1990, concerning a nonionizing radiation incident caused 
by radio transmitting towers that were near a cargo handling facility. 
The radio frequency emissions were aimed in the direction of the cargo 
handling operation and the radiation caused longshore workers touching 
the crane wires and hooks to be burned. This situation was corrected by 
having the transmissions directed away from the cargo handling area. 
Two commenters asked OSHA to delete this paragraph from the final rule, 
contending that nonionizing radiation has not been a problem in the 
longshoring industry (Exs. 6-1, 6-16a). Other commenters agreed that 
this paragraph should be deleted because it is duplicated by 
regulations found in Sec. 1918.1(b)(7) (Exs. NMSA et al., PMA et al.), 
which incorporates by reference OSHA's General Industry Standard for 
nonionizing radiation, Sec. 1910.97. In addition, comment and testimony 
brought to OSHA's attention two articles, one by the United Kingdom's 
Health and Safety Executive and the other from the Canadian Coast 
Guard, that specifically addressed nonionizing radiation emitted by 
vessel radar (Exs. 22 and 77, SEA Tr. pp. 235-236, NO Tr. pp. 660-662). 
In summary, these studies suggested that nonionizing emissions from 
vessel radar are not harmful, even in a worst case scenario, where the 
radar is transmitting and the scanner is stationary at a distance of 19 
feet (6 m). If the scanner is transmitting while rotating, the safe 
distance is 5 feet (1.8 m). OSHA agrees that proposed Sec. 1918.96(e) 
is somewhat duplicative because of the incorporation by reference of 
Sec. 1910.97 in the ``Scope'' of this standard. However, the proposed 
provisions were also not as protective as the General Industry 
provisions. The proposed provision has therefore not been included in 
the final rule. Nevertheless, although OSHA believes that nonionizing 
radiation is not generally a hazard during marine cargo operations, the 
OSHA Hazard Information Bulletin, discussed above, illustrates that 
problems can occur. Accordingly, OSHA has added a ``Note'' to 
Sec. 1918.1(b)(7) that addresses the proximity hazards of vessel radar 
emissions.
    OSHA is adding a new paragraph, Sec. 1918.96(e), to the final rule 
that addresses machine guarding (including the control of hazardous 
energy sources -lockout/tagout). It requires guarding of danger zones 
on machines and equipment used by employees and further stipulates that 
the power supply to machines be turned off, locked out, and tagged out 
during repair, adjustment, or servicing work on such machines. This 
provision is written in performance-oriented language and is similar to 
Sec. 1917.151. In addition, this provision of the final rule relies on 
the ``danger zone'' concept used in part 1917 and carried forward in 
final part 1918 (Sec. 1918.2). For additional discussion of the danger 
zone concept, see the ``Other Issues'' and ``Scope and application'' 
sections of this preamble.
    Final Sec. 1918.97 sets out requirements for first aid and 
lifesaving facilities, and parallels closely the same provisions of 
OSHA's rule for the shoreside aspect of marine cargo handling 
(Sec. 1917.26). Paragraph (a) states that employers must direct their 
employees to report work-related injuries to the employer, regardless 
of the severity of the injury. This requirement is essential to ensure 
that hazards causing injury to employees are identified and controlled. 
Paragraph (b) requires that a first aid kit be available on or near 
each vessel being worked and that at least one person trained in first 
aid be available to provide first aid during cargo handling operations. 
This requirement is designed to ensure that first aid can be provided 
quickly if needed. For the benefit of small employers, OSHA is 
including a non-mandatory Appendix V, which contains a list of the 
basic elements of a first aid training program that incorporates 
generally accepted guidelines for, among other aspects of a first aid 
program, the handling of potentially infectious body fluids (i.e. 
``universal precautions''). Providing such compliance assistance 
materials is consistent with the intent of recently enacted small 
business legislation (e.g. the Small Business Regulatory Enforcement 
Fairness Act of 1996).

[[Page 40185]]

    In final paragraph (c), the requirements for first aid kits are 
specified. OSHA proposed to require that the contents of the first aid 
kit(s) be chosen by a physician who, in consultation with the employer, 
would customize the first aid kit to fit the hazards to be encountered. 
OSHA received considerable comment suggesting that the requirement that 
a physician customize the first aid kit was unnecessary and burdensome 
(Exs. NMSA et al., PMA et al., 6-1, 6-16a, 6-29a, 6-30, 6-31a, 6-36, CH 
Tr. p.160). After careful consideration of the comments received, OSHA 
has modified the final rule's approach to the use and selection of 
first aid kits to recognize that a person who is certified in first aid 
and familiar with the hazards found in marine cargo handling operations 
is qualified to select and restock a first aid kit. Accordingly, OSHA 
has revised Sec. 1918.97(c) so that it reads:

    * * * The contents of each kit shall be determined by a person 
certified in first aid and cognizant of the hazards found in marine 
cargo handling operations. The contents shall be checked at 
intervals that allow prompt replacement of expended items.

    OSHA believes that allowing first-aid trained individuals rather 
than requiring physicians to stock the kit will provide employers with 
greater flexibility while maintaining employee protections unchanged. 
OSHA notes that small employers may seek guidance from ANSI guidelines 
on this issue--ANSI Z308.1-1978, ``minimum requirements for industrial 
unit-type first aid kits''. These guidelines are currently being 
updated.
    Final Sec. 1918.97(d) addresses specific requirements for the 
strength, design characteristics, and positioning of emergency 
stretchers (Stokes baskets). Two commenters stated that the provision 
of Stokes baskets is the responsibility of the vessel and should not be 
required in part 1918 (Exs. 6-16, 6-31). In response to these 
commenters, OSHA notes that these provisions have always been a part of 
the Agency's longshoring requirements and are also a part of the marine 
terminal requirements. Generally, the Stokes basket(s) is attached to 
the shoreside crane in a marine terminal. However, since longshoring 
operations can also take place in the middle of a river or at a 
facility that is considered a production facility rather than a marine 
terminal, Stokes baskets are also required in the final Longshoring 
Standard. Another commenter stated that only trained and qualified 
personnel should move an injured person (Ex. 6-30). OSHA strongly 
agrees with that position, but notes that Stokes baskets are 
specifically designed to lift an injured person securely, vertically if 
necessary. This may be needed if the injured person has fallen into a 
narrow space, such as between a column of containers and the hold of a 
ship. OSHA believes that a Stokes basket is necessary equipment that 
should be available for trained personnel to use. As with first aid 
kits and sanitation requirements, if a Stokes basket is available to 
longshore workers shoreside in accordance with part 1917, this will 
satisfy the parallel requirement in part 1918. Sections 1917.26 (c) and 
(d) of OSHA's marine terminal regulations are being revised in the 
present rulemaking to mirror the final Longshoring Standard's 
requirements for first aid kits and emergency stretchers.
    Final paragraph (e) addresses life-rings and requires that a 
sufficient number of Coast Guard-approved rings be available to rescue 
personnel who have fallen into the water. Means of communication are 
required by paragraph (f) of the final rule to be readily available to 
obtain emergency and other sources of aid when necessary.
    Final Sec. 1918.98 sets out requirements for the qualifications of 
machinery operators (i.e. crane or winch operators, industrial truck 
drivers, conveyor operators, etc.) and training requirements for 
supervisory personnel (i.e. gang supervisors, stevedore 
superintendents, etc.) in accident prevention. These same provisions 
can be found in the Marine Terminals Standard (Sec. 1917.27). Paragraph 
(a) only permits workers to operate a crane, winch, or other power-
operated cargo handling apparatus or any power-operated vehicle or give 
signals to the operator of any hoisting apparatus if the employer has 
determined that they are competent, through training or experience; 
that they know the signs, notices, and operating instructions of the 
equipment; and that they are familiar with the signal code being used. 
The only exception to this rule is that employees who are being trained 
and supervised by a designated person may operate such machinery or 
give signals to operators during their training.
    At paragraph (a)(2), the final rule provides that employees with 
defective eyesight or hearing that has not been corrected are not 
permitted to operate certain equipment (i.e., cranes, winches, other 
power-operated cargo handling apparatus, or power-operated vehicles). 
In addition, employees suffering medical ailments that may suddenly 
incapacitate them are not permitted to operate such equipment. This 
provision includes heart disease and epilepsy as examples of medical 
ailments that could, in some cases, be suddenly incapacitating. OSHA 
stresses, however, that nothing in this provision requires employers to 
exclude from operating machinery all employees who have heart disease 
or epilepsy or a history of such conditions. Rather, OSHA intends that 
employees with medical ailments, such as heart disease and epilepsy, 
should be excluded from operating the specified machine only if their 
particular medical condition poses a high probability that they could 
become suddenly incapacitated and only if there is no reasonable 
accommodation that would eliminate or reduce the risk of direct threat 
of harm to the employee or others.
    For purposes of this standard, OSHA defines ``suddenly 
incapacitating'' medical ailments as those that pose a direct threat of 
substantial harm to the health or safety of the employee or others that 
cannot be eliminated or reduced by some form of reasonable 
accommodation. Direct threat refers to those risks that are 
significant, specific, and imminent or current. In addition, direct 
threat is limited to those situations in which there is a high 
probability that substantial harm might occur. This provision does not 
apply to medical ailments, including heart disease and epilepsy, that 
pose a speculative or remote risk of harm. Likewise, this provision is 
not intended to include medical ailments that pose only a slightly 
increased risk of harm.
    In determining whether there is a direct threat to the health or 
safety of the employee or others, the employer should identify the 
specific risk posed by the employee as well as the particular aspect of 
the ailment that would pose a direct threat. There are certain factors 
the employer should consider when determining whether the employee 
poses the type of direct threat anticipated by this provision:
    1. The duration of the risk;
    2. The nature and severity of the potential harm;
    3. The likelihood that the potential harm will occur; and
    4. The imminence of the potential harm.
    The determination of the seriousness and imminence of the potential 
harm must also be based on the employee's current medical condition and 
the employee's current ability to perform the job. The determination is 
not to be based on mere speculation or predictions of the employee's 
future medical condition or ability to perform the job at some future 
date.

[[Page 40186]]

    Determinations of whether an employee poses a direct threat of 
substantial harm must be made on a case-by-case basis. The 
determination must be based on the best available objective data or 
other factual evidence and/or medical analyses regarding the particular 
employee. The determination must be based upon reasonable medical 
judgment that relies on current medical knowledge and not generalized 
or out-of-date assumptions about the risks that are assumed to be 
associated with certain disabilities. It is not proper to base 
determinations on mere speculation, subjective perceptions, irrational 
fear, patronizing attitudes, or stereotypes. Relevant evidence, for 
example, may include input from the employee; the employee's experience 
in previous similar positions; and opinions of physician, 
rehabilitation counselors, or physical therapists who have expertise in 
the medical ailment in question and/or direct knowledge of the 
employee.
    Where the employer does determine that the employee's medical 
ailment poses a significant risk of substantial harm, the employer must 
also consider whether reasonable accommodations are available that 
would eliminate or reduce the risk so that it is below the level of 
direct threat.
    OSHA has noted in the standard in both Sec. 1917.27(a)(2) (marine 
terminals) and Sec. 1918.98(a)(2) (longshoring) that it has defined 
OSHA suddenly incapacitating medical ailments consistent with the 
Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). 
Therefore, employers who act in accordance with the employment 
provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the 
regulations implementing Title I (29 CFR part 1630), and the Technical 
Assistance Manual for Title I issued by the Equal Employment 
Opportunity Commission (Publication number: EEOC--M1A), will be 
considered as being in compliance with this paragraph.
    Paragraph 1918.98(b) addresses supervisory accident prevention 
proficiency and requires immediate supervisors of cargo handling 
operations that involve more than 5 persons to complete a course in 
accident prevention within 2 years after the publication of this 
standard. Employees who are newly assigned to supervisory duties after 
that date must receive such training within 90 days of being assigned 
to those duties. The content of the accident prevention course must be 
relevant to the particular work operations being supervised by the 
supervisor. The final rule's criteria for the content of the accident 
prevention course are performance-based and allow for the instruction 
to be tailored to the particular operation(s). The recommended topics 
included as a footnote are considered rudimentary to most shipboard 
cargo handling operations. Throughout the public hearings, testimony 
was presented concerning the training done in the marine cargo handling 
industry and its effectiveness. The supervisory training phase-in 
periods in the final Longshoring Standard are the same as those in the 
Marine Terminals Standard (two years after the promulgation of the 
final rule and after that date 90 days after supervisory assignment. 
The provisions in Sec. 1918.98(b) received widespread support (NMSA et 
al.).
    Section 1918.99 of the final rule is entitled, ``Retention of DOT 
markings, placards and labels.'' This section concerns the removal of 
Department of Transportation-required labels and placards on packages, 
freight containers, rail freight cars, motor vehicles, or transport 
vehicles of hazardous materials (see 49 CFR parts 171 through 180). 
Paragraphs (a) and (b) requires employers who receive packages, 
containers, or vehicles labeled in accordance with these DOT 
requirements to retain those markings, labels, and placards until the 
package, container, or vehicle has been cleaned or purged so that it 
presents no hazard to employees. Paragraph (c) requires employers to 
maintain markings, placards, and labels in a manner that ensures that 
they will remain visible, and paragraph (d) states that non-bulk 
packages that will not be re-shipped will be considered to satisfy 
these provisions if the label or other acceptable marking is attached 
to the package as required by OSHA's Hazard Communication Standard (29 
CFR 1910.1200). The provisions in this section of the final rule that 
are required by DOT's Hazardous Materials Regulations, were published 
by OSHA in the Federal Register (59 FR 36700, July 19, 1994). Similar 
language has been included in the Marine Terminals Standard (see 
Sec. 1917.29).
    The regulatory text of final Sec. 1918.100, ``Emergency action 
plans,'' which was discussed in the Summary and Explanation for subpart 
A, is included here. It stipulates that this section applies to all 
action plans required by a particular OSHA standard, and contains 
requirements covering the elements of the action plan, alarm systems, 
the evacuation of employees in emergencies, and the training of persons 
to assist in evacuation of employees. These requirements parallel those 
for emergency action plans in OSHA's general industry standards.
Subpart J--Personal Protective Equipment
    This subpart is based upon the requirements for personal protective 
equipment (PPE) found in the shoreside requirements for marine cargo 
handling (Secs. 1917.91 through 1917.95). The hazards addressed by this 
subpart are those that can cause physical injury to the eyes, 
respiratory system, head, feet, or other body parts of employees. The 
subpart also addresses protection from the hazard of drowning 
associated with working around or above water. The use of the personal 
protective equipment required in this subpart can reduce or eliminate 
physical injury to employees caused by exposure to certain maritime 
workplace hazards. This subpart received widespread support, as 
evidenced by a number of comments (Exs. NMSA et al., PMA et al.).
    OSHA has updated references to the American National Standards 
Institute (ANSI) standards incorporated by reference in this subpart. 
The ANSI standards for eye protection, head protection and foot 
protection referenced were the most current editions of those standards 
available at the time this subpart was published. OSHA believes that 
the more current editions of the ANSI standards can be adopted by 
reference in the final rule for both the Marine Terminals Standards and 
the Longshoring Standard without substantively changing the OSHA 
regulations.
    With this rulemaking, OSHA is consistently applying previous 
guidelines for determining when employers would be expected to pay for 
PPE and when employees would be expected to pay.
    On October 18, 1994, OSHA issued a memorandum to its field offices 
which stated as follows:

    OSHA has interpreted its general PPE standard, as well as 
specific standards, to require employers to provide and to pay for 
personal protective equipment required by the company for the worker 
to do his or her job safely and in compliance with OSHA standards. 
Where equipment is very personal in nature and is usable by workers 
off the job, the matter of payment may be left to labor-management 
negotiations. Examples of PPE that would not normally be used away 
from the worksite include, but are not limited to: welding glasses, 
wire mesh gloves, respirators, hard hats, specialty glasses and 
goggles (designed for laser or ultraviolet radiation protection), 
specialty foot protection (such as metatarsal shoes and linemen's 
shoes with built in gaffs), face shields and rubber gloves, blankets 
and cover-ups and hot sticks and other live-line

[[Page 40187]]

tools used by power generation workers. Examples of PPE that is 
personal in nature and often used away from the worksite include 
non-specialty safety glasses, safety shoes, and cold-weather outer 
wear of the type worn by construction workers. However, shoes or 
outer wear subject to contamination by carcinogens or other toxic or 
hazardous substances which cannot be safely worn off-site must be 
paid for by the employer. Failure of the employer to pay for PPE 
that is not personal and not used away from the job is a violation 
and shall be cited. (Ex. 1-157.)

    Although the equipment used in marine cargo handling operations 
often differs from that mentioned in the October 18 memorandum, the 
same policy considerations apply in the Longshore and Marine Terminals 
Standard PPE context. Therefore, OSHA will apply the above-stated 
policy when determining whether the employer is required to pay for a 
particular kind of PPE.
    In Sec. 1918.101, Eye protection, OSHA maintains the language from 
the proposal. This section requires that employers provide employees 
with eye protection that meets the requirements of the American 
National Standards Institute, ANSI Z-87.1-1989, ``Practice for 
Occupational and Educational Eye and Face Protection.'' The section 
also requires that employees use the equipment and that it be cleaned 
and disinfected before issuance to another employee. In addition, for 
employees wearing corrective spectacles, paragraph (a)(2) states that 
the required eye protection equipment must be capable of being worn 
over the spectacles, unless prescription-ground safety lenses that 
provide equivalent protection are substituted.
    In Sec. 1918.102, Respiratory protection, OSHA incorporates by 
reference the OSHA General Industry Standard for respiratory protection 
found in 29 CFR 1910.134 by referencing Sec. 1918.1(b)(12) of the 
Longshoring Standard. Section 1918.1(b)(12) refers to 29 CFR 1910.134. 
On November 11, 1994, OSHA published a proposed rule that would revise 
the respiratory protection rules (59 FR 58884). When this standard is 
published as a final rule, it will apply, by reference, to both the 
Marine Terminals and Longshoring Standards (Sec. 1917.1(a)(2)(x) and 
Sec. 1918.1(b)(8)).
    Final Sec. 1918.103, Head protection, is unchanged from the 
proposal. This section provides that employers require employees who 
are exposed to hazards associated with direct head impact or electric 
shock or burns to the head wear head protection. Such head protection 
must meet the requirements of the American National Standards 
Institute, ANSI Z-89.1-1986, ``Personnel Protection-Protective Headwear 
for Industrial Workers-Requirements.'' The section also requires that 
employees use the equipment and that it be cleaned and disinfected 
before issuance to another employee.
    Final Sec. 1918.104, foot protection, is also unchanged from the 
proposal. This section requires that employers provide employees 
exposed to puncture or impact hazards associated with the foot with 
safety footwear meeting the requirements of the American National 
Standards Institute, ANSI Z-41-1991, ``American National Standard for 
Personal Protection-Protective Footwear.'' The section also requires 
that employees use the equipment provided.
    In final Sec. 1918.105, other protective measures, OSHA is 
mandating a general approach that requires the employer to provide and 
ensure the proper use of any additional personal protective equipment 
that may be necessary to protect other parts of an employee's body. 
Paragraphs (a)(1) and (a)(2) are unchanged from the proposal. These 
paragraphs require the employer to provide and require the wearing of 
any additional special personal protective equipment that may be 
necessary to protect employees from recognized hazards in the 
workplace. It also requires that such equipment be cleaned and 
disinfected before reissuance to other employees.
    Paragraph (b) of Sec. 1918.105 addresses the use of personal 
flotation devices (PFDs). The employer is required to provide for and 
ensure the wearing of PFDs by all employees whose work may expose them 
to falls into water. This paragraph received several comments. For 
example, one witness at the Seattle hearing stated:
    We question paragraph * * * [1918.105(b)(1)], which requires 
personal flotation equipment to be worn when working on the deck of 
a barge. Almost all of our barges are outfitted with a safety fence 
consisting of stanchions and two courses of wire rope; that the 
vessel is alongside the dock and there is not a chance for a person 
to fall between the barge and the dock, and have proper means of 
access through a ladder or a gangway with handrails is provided and 
there is a safety fence on the barge, this proposed safety 
regulation appears to be superfluous * * * My concern was * * * that 
* * * it would be viewed as a rule that if you're working on the 
deck of a barge, you must wear an PFD regardless of if there is a 
proper safety fence. (SEA Tr. pp. 622-623.)

    Another commenter argued that the current regulation, which 
requires the wearing of PFD's when working on log booms and barges on 
the Mississippi River, was sufficient and should be retained (Ex. 6-
16a). Other commenters argued that OSHA should modify these 
requirements by deleting proposed paragraphs (b)(1)(i) through 
(b)(1)(iv) of Sec. 1918.105, which specified situations where PFDs had 
to be worn (Exs. 8-8, NMSA, et al.). These commenters believed that the 
performance language of Sec. 1918.105(b)(1) adequately addressed 
employee safety and allowed flexibility in the means of compliance. 
OSHA agrees that paragraph (b)(1) adequately addresses safety concerns 
and has modified the language of the final rule accordingly. OSHA 
believes that the specification language contained in the proposal 
would limit worker protection by not including non-specified situations 
where PFDs are needed.
    An area of concern that was not addressed directly in the proposal 
relates to the wearing of PFDs while working on log rafts. During 
questioning by OSHA at the Seattle hearing, one witness agreed that 
PFDs should be specifically required for employees engaged in logging 
operations (SEA Trans. pp. 447-449). OSHA believes that the wearing of 
PFDs is essential in logging operations because of the continuous 
exposure to water when working on rafts, and has added this requirement 
in Sec. 1918.88, ``Log operations''.
    As discussed above, paragraph (b) sets requirements for PFDs. Some 
of the language in the final rule has been editorially revised to 
reflect the language used in the U.S. Coast Guard's standard for 
approved lifesaving equipment (46 CFR part 160). OSHA's existing 
Sec. 1915.154(a) specifies that the above-cited U.S. Coast Guard 
requirements for this equipment shall be followed. The OSHA final rule 
provides clarification on what constitutes an acceptable PFD and uses 
terminology that is consistent with current U.S. Coast Guard 
requirements.
    Final paragraph (b)(3) addresses the inspection of PFDs for dry 
rot, chemical damage, or other defects (such as tears, punctures, 
missing or nonfunctioning components) that affect their strength and 
buoyancy. Final paragraph (b)(3) also includes the proposed language to 
the effect that all personal flotation devices must be maintained in a 
safe and serviceable condition.

Appendices

    There are five appendices that follow the regulatory text of this 
rulemaking. Appendix I, which is non-mandatory, titled ``Cargo Gear 
Register and Certificates,'' is a sample cargo gear register and 
certificates that are in the international standard form that complies 
with ILO Convention number 152, as required by subpart B.

[[Page 40188]]

    Appendix II, which is mandatory, titled ``Tables for Selected 
Miscellaneous Auxiliary Gear,'' contains tables that are to be used 
when manufacturers' specifications or gear certificates are not 
immediately available at the worksite for determining the Safe Working 
Load for various synthetic and wire ropes slings, chain slings, and 
shackles; allowable chain link wear; and the minimum number and spacing 
of wire rope clips.
    Appendix III, which is non-mandatory, titled ``Conventional Cargo 
Gear,'' provides guidance to employers and employees on how to 
correctly rig conventional ship's gear (two cargo derricks with married 
falls).
    Appendix IV, which is non-mandatory, titled ``Summary Chart for 
Testing Special Stevedoring Gear,'' provides all the requirements found 
in Sec. 1917.50(c)(5) and Sec. 1918.61 for testing special cargo gear 
and container spreaders in one chart.
    Appendix V, which is non-mandatory, titled ``Basic Elements of a 
First Aid Training Program,'' outlines the basic elements of a first 
aid program, including universal precautions to prevent the spread of 
bloodborne diseases.

V. Other Issues

    1. OSHA raised as an issue the possible harmful effects of diesel 
exhaust on marine cargo handling employees, especially those employees 
who work Ro-Ro vessels where exposure to such exhaust is probably the 
greatest. In response to questions raised during the hearings, NIOSH 
provided the following data in a post hearing submission:

    Recent animal studies in rats and mice confirm an association 
between the induction of cancer and exposure to whole diesel 
exhaust. The lung is the primary site identified with carcinogenic 
or tumorigenic responses following inhalation exposures. Limited 
epidemiologic evidence suggests an association between occupational 
exposure to diesel engine emissions and lung cancer. The consistency 
of these toxicologic and epidemiologic findings suggests that a 
potential occupational carcinogenic hazard exists in human exposure 
to diesel exhaust. (Ex. 81.)

    Although studies have been conducted concerning the effects of 
diesel exhaust by the Mine Safety and Health Administration (MSHA) in 
the mining industry, no specific studies relating to the longshoring 
industry had been completed when OSHA published this final rule. Diesel 
exhaust particulates, which have been identified by OSHA as a priority 
for further study by the Priority Planning Process, may be the subject 
of a future rulemaking, during which OSHA anticipates the availability 
of more conclusive scientific data. Consequently, OSHA has decided to 
defer any regulatory action on this issue in this rulemaking.
    2. Prior to the proposal, OSHA learned of accidents reported in 
West Coast ports that were associated with picking up the chassis and 
fifth wheel \9\ along with the container (due to the failure of the 
container and chassis to separate during a loading operation). However, 
OSHA did not have information regarding: (1) the frequency of 
occurrence of such accidents, (2) the availability, effectiveness, and 
feasibility of devices which would shut the crane down once the device 
detects the fifth wheel being raised off the ground, and (3) the 
existence of other ways to eliminate the problem (such as better 
``monitoring'' of the chassis twist locks under the hook through 
training and work practices, or requiring the driver to get out of the 
cab until the container is lifted clear of the chassis). Due to this 
lack of information, OSHA raised this issue in the proposal.
---------------------------------------------------------------------------

    \9\ A fifth wheel is a unique power unit designed primarily for 
moving and spotting trailers in truck, rail, and marine terminals. 
Other names for a fifth wheel are: yard hustler; jockey truck; yard 
goat; and UTR (utility tractor). Most fifth wheels are not designed 
or equipped for public highway or street use.
---------------------------------------------------------------------------

    In response, OSHA received one comment from a manufacturer of 
safety devices that prevent the inadvertent lifting of the fifth wheel 
with the container. These devices shut down the container gantry crane 
when they detect the uneven balance to the load that occurs when a 
fifth wheel is lifted. The experience of this commenter suggests that 
administrative work practices are not fully effective (Ex. 6-3).
    This issue received very little attention during the hearings and 
public comment period. However, OSHA believes that the wider use of 
SATLs will help to prevent accidents caused by the inadvertent lifting 
of the chassis and container together. When SATLs are being used, as 
explained earlier, the longshore workers remain on the quay to place 
the SATLs on the bottom of the container after it is lifted only a foot 
or two off the chassis. In contrast, when manual twist locks are in 
use, they are inserted on the ship; lifts of the container from the 
chassis in this situation are usually much quicker and much higher, 
since the crane operator does not have to stop after a foot or two to 
allow the SATLs to be inserted. Although a lift of this magnitude is 
enough to allow the fifth wheel to disengage and depart, the lift would 
not be a substantial lift of twenty to fifty feet, but a limited lift 
of only a few feet. With a two foot lift, even if the chassis does not 
disengage from the container, the injury potential would be greatly 
reduced. Because this rulemaking will increase the use of SATLs in this 
industry, OSHA has decided not to take any further regulatory action on 
the fifth wheel hoisting issue at this time. It is OSHA's intention to 
monitor the frequency of this operation further and engage in joint 
studies with the assistance of the Maritime Advisory Committee for 
Occupational Safety and Health (MACOSH) to assess the need to address 
such accidents in the future.
    3. Specific questions were raised in the proposal to elicit 
information OSHA believed would be helpful in determining appropriate 
elements for comprehensive occupational safety and health (COSH) 
programs in the marine cargo handling industry. Although this is an 
industry that, historically, has been in the forefront in the 
development of safety and health programs (particularly safety training 
programs), several commenters argued that OSHA should not promulgate 
rules governing COSH programs (Ex. NMSA et al.). The employee 
participation element of such programs was also discussed at length at 
the Seattle hearing (SEA Tr. pp. 435-436). Several responders (Exs. 6-
5, 6-20, 6-23, and 6-25) opted not to comment at this time but stated 
that they would reserve comment until a future rulemaking specifically 
on this subject. OSHA will continue to review all available information 
in determining the need for and contents of the proposed requirements 
for safety and health programs in this industry.
    4. In the proposal, OSHA sought information on hazards related to 
the increased usage of newly developed Flexible Intermediate Bulk 
Containers (FIBC's) used to handle bulk chemicals. Although several 
commenters (Ex. NMSA et al.) acknowledged the increased use of FIBCs, 
their experience with this type of container did not uncover any unique 
hazards that had not already been addressed in the Longshoring 
Standard. In addition, Mr. Signorino of Universal Maritime Service 
Corporation, pointed out that the Department of Transportation, 
Research and Special Programs Administration (RSPA) already has 
regulations (59 FR 38040) that address the safe transport of hazardous 
materials in such containers (Ex. 6-35). OSHA has thus concluded that 
the Agency does not need to pursue regulatory action at this time.
    5. OSHA issued a standard for the control of hazardous energy 
sources (lockout/tagout) that applies to general

[[Page 40189]]

industry employment (29 CFR 1910.147 (54 FR 36645)). This standard 
addresses practices and procedures that are necessary to disable 
machinery or equipment and to prevent the release of potentially 
hazardous energy while maintenance and servicing activities are being 
done. The standard requires that lockout be used for equipment designed 
with a lockout capacity, and allows tags to be used to ``tag out'' 
equipment that was not designed to be locked out. Marine terminal 
activities involve work operations (e.g. container repair shops and 
warehouses) where lockout/tagout hazards are present and are similar in 
nature to those posed by General Industry repair shop and warehouse 
operations. Many commenters (Exs. 6-35, 6-16c) contended that the 
current Marine Terminals Standard contains requirements (most broadly 
applied in Sec. 1917.151(b)(7)) for lockout/tagout that are more 
protective than those in the General Industry Standard, and that these 
requirements should be applied to longshoring operations.
    For the most part, repairs to shipboard equipment are normally 
accomplished by the crew of the vessel and are only infrequently 
performed by longshore workers. However, to provide protection in those 
instances where longshore workers may do repairs that would require the 
locking out of equipment, and to assure regulatory consistency with 
marine cargo handling operations, OSHA is including the same lockout/
tagout provisions of Sec. 1917.151(b)(7) in the Longshoring Standards 
(codified at Sec. 1918.96(e)).
    6. As indicated earlier, OSHA contracted with a safety expert, A.J. 
Scardino, to conduct a study of the fall hazards associated with the 
cargo handling of intermodal containers. In his study, he recommended:

    * * * that the location of the fixed anchorage point in relation 
to the working surface shall be located ``above'' the head of the 
employee. Every effort should be made to assure that the attachment 
point for the system is located no lower than the vertical height 
position of the harness ``D'' ring. According to ``Humanscale 7a'', 
for the 50th percentile male, this would be 1.4 meters (55.4 
inches). (Ex. 1-139.)

He further recommended that:

    The use of systems that are at foot level, thereby creating a 
tripping hazard, should be discouraged. If these systems are to be 
used, then, the components that make up the system should be of a high 
visibility color. (Ex. 1-139.)

    The final container top fall protection provisions are crafted in 
performance-oriented language to promote innovation and flexibility in 
providing fall protection. The key performance tests that a fall 
protection system must meet are that it (1) be rigged to reduce free-
fall distance so that the employee will not contact any lower level 
stowage or vessel structure; and (2) be designed so that the fall will 
not produce an arresting force on an employee that exceeds 1800 pounds 
(8kN) ( See Sec. 1918.85(k) (3) and (4)).
    Although elevated anchorage points are important considerations in 
the design of fall protection systems, these provisions of the final 
rule focus on the performance criteria for such systems rather than 
their specific design aspects. Consequently, OSHA has determined that 
it would not be appropriate to include this single design consideration 
in the final rule.

VI. Summary of the Final Economic Analysis and Regulatory 
Flexibility Analysis

    As required by Executive Order 12866, OSHA has prepared an economic 
analysis of the final standards for longshoring and marine terminals. 
Neither standard is a ``significant'' rule under that Executive Order 
nor a ``major'' rule under the Small Business Regulatory Enforcement 
Fairness Act. In addition, as required by the Regulatory Flexibility 
Act of 1980 (as amended in 1996), the Agency has assessed the potential 
impacts of these two marine cargo-handling rules on small entities and 
has determined that they will not have a significant economic impact on 
a substantial number of small entities. Because this standard does not 
impose annual costs of $100 million or more, will not significantly 
affect small governments, and is not a significant federal 
intergovernmental mandate, the Agency has no obligations to conduct 
analyses of these rules under the Unfunded Mandates Reform Act.
    This section of the Preamble presents a summary of the Economic 
Analysis and the screening analysis for small-business impacts. The 
entire analysis has been placed in the rulemaking docket for the two 
final standards.
    The purpose of this Final Economic Analysis is to:
     Describe the need for a revision of the existing standards 
for longshoring and marine terminals;
     Identify the establishments, industries, and employees 
potentially affected by the standard;
     Estimate the costs, benefits, economic impacts and small 
business impacts of the standard on affected firms;
     Assess the technological and economic feasibility of the 
standard for affected establishments, industries, and small businesses;
     Evaluate potential non-regulatory approaches to control 
the pertinent risks to workers in the affected industries; and
     Describe alternatives adopted in the final standard that 
are designed to reduce the impact of the standard on small firms while 
meeting the objectives of the OH Act
    These standards affect employers and employees in many industries. 
The Marine Cargo Handling industry, classified as SIC 4491 in the 
Standard Industrial Classification Manual, is the industry most 
directly affected. SIC 4491 is composed of both stevedores and marine 
terminal operators, both businesses that are exclusively engaged in 
marine cargo handling. Marine cargo handling activities in other 
industries are also impacted: for example, manufacturers who load or 
unload raw materials or finished products from vessels and electric 
utilities than unload coal from barges also fall within the scope of 
the revised final standards.

A. Evaluation of Risks and Estimation of Benefits

    The transport of marine cargo has changed significantly since 
OSHA's Longshoring Standard was adopted in the early 1970s and even 
since the Marine Terminals Standard was revised in the early 1980s. 
Low-cost transport of cargo by standardized intermodal containers 
(referred to simply as containers hereafter) has become the dominant 
mode of shipping manufactured goods. To transport vehicles, specialized 
``roll on/roll off'' vessels have been developed. Freighters have 
therefore been designed with efficient container transfer and ease of 
intermodal movement as the dominant criteria. Shipment by intermodal 
container has replaced shipment of ``break bulk'' cargo which came in 
many sizes and modes. As a result, cargo handling has become a more 
capital intensive and mechanized industry in the past 20 years. For 
example, although the weight of transported cargo (U.S. exports and 
imports) has remained roughly constant between 1980 and 1990, the 
amount shipped via intermodal containers has more than doubled. Over 
the same period, employment in SIC 4491 has declined from about 88,000 
to 55,000.
    The change in the technology of cargo transport has altered the 
risks that employees face on the docks and aboard ships. Although 
mechanization has reduced injuries due to overexertion and lifting, new 
risks have arisen, such as falls from containers stacked as high

[[Page 40190]]

as 60 feet and being struck by forklifts or ``fifth wheeler'' tractor 
trailers moving containers.
    Because the final standard requires longshore employers to load and 
unload containers secured to each other with positive container 
securing devices, e.g., semi-automatic twist locks, where feasible, the 
shipping industry is also potentially affected, since ship owners must 
purchase these container connectors. The standards' effect on the U.S. 
shipping industry and international trade (and foreign shippers) is 
discussed below.
    The Bureau of Labor Statistics 1992 injury rate for SIC 449 
(Service Incidental to Water Transportation) was 14.0 for every 100 FTE 
workers, based on a 2000 hour work-year, compared with 8.9 for all of 
private industry (''Occupational Injuries and Illnesses: Counts, Rates, 
and Characteristics, 1992,'' published May 1995). The lost workday and 
non-lost workday injury rates per 100 FTE workers in SIC 449 were each 
7.0. The median number of lost workdays due to injury in SIC 449 was 15 
per case as compared to 6 for all of the manufacturing sector. For SIC 
4491, the average number of lost workdays was 38.9 lost workdays per 
lost workday injury. These statistics clearly indicate that marine 
cargo handling continues to be a highly hazardous industry.
    An estimated 7,593 injuries and 18 fatalities occur annually during 
all marine cargo handling activities. The final Longshoring and Marine 
Terminals Standards are expected to result in the prevention of 1,262 
injuries and 3 fatalities, annually. Many additional fatalities and 
injuries would be prevented if employers were in full compliance with 
requirements that have been in place in the Agency's Longshoring and 
Marine Terminals standards for years and that have been retained in 
these final standards. In particular, the Agency believes that an 
additional one to three fatalities may be avoided each year when all 
affected establishments comply with OSHA's requirements for engineering 
controls and fall protection on intermodal containers. However, because 
the Agency's existing Longshoring standard has been interpreted as 
requiring fall protection at heights over eight feet (see Preamble of 
the proposed rule, 59 FR 28611, June 2, 1994), the Agency did not claim 
the benefits or estimate the costs potentially associated with the 
final rules' clarified requirements for fall protection on containers 
in this final economic analysis. In the affected industries, confusion 
over OSHA's existing container top fall protection requirements and 
their interpretation and non-uniform enforcement have resulted in 
currently low compliance levels for fall protection on containers.
    The deaths and injuries estimated to be prevented by this revised 
standard are in addition to those that would be prevented by full 
compliance with OSHA's existing marine-cargo handling rules. OSHA 
estimates that, of the injuries potentially averted by the revised 
standards under the revised rules, about 800 are lost workday cases. 
Since a lost workday injury results in almost 40 missed days of work, 
on average, in SIC 4491, the 800 lost workday cases amount to a savings 
of more than 30,000 lost workdays annually. The potential economic 
savings of these avoided injuries alone is approximately $7 million 
annually. Thus the final standards for Longshoring and Marine Terminals 
are clearly needed to reduce the continuing significant risk of falls 
and other hazards posed to marine cargo handling workers employed in 
these industries.

B. Affected Industries, Establishments, and Employees

    The requirements of the final standards apply to all establishments 
that perform marine cargo handling. Affected industries include the 
marine cargo handling industry itself (classified in the 1987 Standard 
Industrial Classification manual as SIC 4491), which includes both 
marine terminal operators and stevedores, as well as any other 
industries and establishments that handle marine cargoes, such as 
electric utilities that unload coal from barges or grain elevators that 
load grain onto barges. The Agency estimates that there are 3,700 
establishments affected by both the Longshoring Standard and the Marine 
Terminals Standard. Table 1 shows how these establishments are 
distributed across affected industries for both standards. Based on 
employment data from the Table 1 Bureau of the Census and OSHA 
inspection data, 93,427 workers are estimated to be affected by the 
Longshoring and Marine Terminals standards, about 73,000 of whom are 
employed in establishments classified in SIC 4491.

Table 1.--Number of Establishments Affected by the Final Longshoring and
                 Marine Terminals Standards, by Industry                
------------------------------------------------------------------------
                                                             Number of  
                        Industry                          establishments
------------------------------------------------------------------------
SIC 4491--Marine Cargo Handling.........................          746   
Manufacturing...........................................        1,660   
Transportation, Communications, and Electric, Gas and                   
 Sanitary Services......................................          662   
Wholesale Trade.........................................          273   
Other SICs \1\..........................................          359   
                                                         ---------------
Total...................................................        3,700   
------------------------------------------------------------------------
Source: U.S. Department of Labor, OSHA, Office of Regulatory Analysis,  
  based on Centaur [I, Chapter 2].                                      
\1\ Other SICs include SIC 13 (Oil and Gas Extraction), SIC 15 (Building
  Construction sectors under SIC 44 (Water Transportation) other than   
  SIC 4491.                                                             

C. The Final Standards and Their Estimated Costs

    The Preliminary Regulatory Impact Analysis identified 21 provisions 
of the proposed rules that were likely to generate costs of compliance 
for employers. In response to comments and public testimony by 
stakeholders during the rulemaking, the Agency revised several 
provisions in the final standards that will affect estimated costs. 
Better information acquired from the industry during the rulemaking has 
also resulted in revisions of the costs estimated for particular 
provisions.
    The most significant change to the final rule since the proposed 
standard for longshoring was issued has been made in the requirement 
for fall protection when working on top of any intermodal container. 
The proposed standard would have required fall protection when the fall 
height was 10 feet or more (containers are usually less than 10 feet 
tall); the final rule, however, requires such protection when a fall 
hazard exists at a height of 8 feet. Because the Agency has required 
fall protection for workers on containers for years (see paragraph 
1918.32(b) of the existing Longshoring Standard) this provision of the 
final rule does not impose new costs on the regulated community.
    Changes to three provisions that were proposed have resulted in the 
elimination of the costs that were projected to be associated with 
these provisions. In the final standard, the Agency has substituted 
performance language for the specification language proposed for the 
selection and maintenance of first aid kits and for the provision of 
the proper number of

[[Page 40191]]

sanitary facilities. Comments in the record indicated that the industry 
was currently providing adequate facilities in these two areas, and 
thus that detailed specifications were not necessary. The final 
standard also does not require that fall protection systems be 
certified by a registered professional engineer; employers may rely on 
the guarantee/certification generally provided by manufacturers of this 
personal protective equipment instead. These three provisions in the 
final standard are estimated to impose no new costs for employers, and 
the Agency believes that the changes made to the final rule have not 
reduced employee protections.
    The proposal would have permitted containers to be lifted only by a 
purely vertical lift from at least four top fittings. In the final 
standard, non-vertical lifts are allowed as long as the lift angle is 
at least 80 degrees and other protective conditions are met. This 
change will allow employers with non-gantry container cranes to avoid 
the purchase of box spreader beams and maintain greater productivity 
with the simpler spreader bars generally in use. Again, OSHA believes, 
and the record supports, that this change will not diminish employee 
protection.
    In the final standard, regulations for special stevedoring gear 
remain similar to those in the proposal. The Agency has revised its 
estimate of the cost imposed on the regulated community to test gear 
every four years, based on comments in the record.
    Anti-two-blocking devices are required by the final rule on all 
cranes used to lift personnel. This provision is unchanged from the 
proposal; however, the Agency inadvertently overlooked the costs 
potentially associated with this provision at the time of the proposal. 
Lifting personnel by cranes other than container-handling gantry cranes 
is reported to be infrequent in the cargo handling industry, and the 
impact of these provisions is likely to be felt only by employers in 
the South Florida and Gulf areas. The cost estimate for anti-two-
blocking devices is included in Table 2 below, which provides the 
estimated annual cost of provisions in the proposed and final standard.

   Table 2.--Estimated Annual Costs of FInal Longshoring Standard, by   
                        Provision (1993 Dollars)                        
------------------------------------------------------------------------
                                            Annualized                  
                                              costs*        Annualized  
                                           projected by       costs*    
                 Source                         the        estimated by 
                                            preliminary      the final  
                                            regulatory       economic   
                                             analysis      analysis ($) 
------------------------------------------------------------------------
Workplace Analysis......................          68,959         183,890
General Training:                                                       
    Supervisor Time.....................          67,370          67,370
    Instruction.........................          95,779          95,779
Subpart C:                                                              
    6'' sideboards: dockboards/ramps....         151,940         139,955
    2-3/4 inch sideboards (final stnd)..                                
Subpart G:                                                              
    4-yr. testing of special gear.......          37,583         704,300
    Lockout/tagout: powered conveyors...           2,684           2,684
    Anti-two blocks.....................               0          21,300
Subpart H:                                                              
    Vertical lifts......................         156,412          11,360
    Certification: fall protection......          95,565               0
    Secondary safety cage attachments...           2,249           2,249
    Marking RO-RO ramps.................           1,911           1,911
    Marking flat bed/low boy trailers...           2,811           2,811
    High visibility vests...............         266,260       1,275,799
    Separation of vehicles/pedestrians                                  
     on RO-RO ramps.....................          87,801          87,801
    Logging: rescue boats...............               0           3,550
    Training:                                                           
        Supervisor Time.................          14,768          14,768
        Instructor......................           3,815           3,815
    Rescue boats........................               0           3,557
Subpart I:                                                              
    Sanitation..........................           1,560               0
    First aid kits......................         646,143               0
    Accident prevention training........         107,710         107,710
    Stretchers..........................          52,240          52,540
Subpart J:                                                              
    Personal flotation devices..........         151,405         151,405
                                         -------------------------------
      Total.............................      $2,014,965      $2,934,554
------------------------------------------------------------------------
Source: U.S. Department of Labor OSHA, based on Kearney/Centaur         
  [1.Chapter 4].                                                        
*Annualized over 10 years using a 7% interest rate.                     

    In logging operations, powered rescue boats are required by the 
final standard when the situation warrants it. The proposed standard 
only required that rescue boats be ``immediately available'' rather 
than capable of ``immediate rescue.'' This provision of the final rule 
will therefore impose higher costs on the regulated community than the 
simpler provision proposed, and the Final Economic Analysis takes 
account of this new cost.
    The Agency has revised its cost estimates for some provisions since 
the PRIA. Based on comments received from stakeholders on the estimated 
costs of providing high-visibility vests for employees engaged in 
container and roll

[[Page 40192]]

on/roll off operations, the Agency has substantially revised the costs 
estimated for this provision. In addition, the Agency has increased its 
estimate of the amount of time necessary for establishments to analyze 
and adjust to the impact of the new standards on their workplaces. 
Finally, the proposed standard would have required six-inch sideboards 
for bridge plates and ramps; in the final standard, sideboards must be 
at least 2\3/4\ inches when the distance spanned is 3 feet or greater. 
Because the final provision is consistent with current industry 
practice, the Agency has revised the estimated costs for this provision 
downward.
    The final Longshoring Standard is estimated to impose costs on 
employers of $2.9 million annually, in 1993 dollars, to comply with all 
of the final rule's provisions, and the Marine Terminals Standard is 
estimated to cost about $0.2 million annually. Table 2 provides a 
comparison of the estimated costs of the proposed and the final 
Longshoring Standard. The estimated costs to marine terminals, which 
are little changed since the proposal, are presented in Table 3. The 
total costs of the final standards are estimated at about $3.1 million 
annually. Nearly all of these costs are due to the Longshoring standard 
and are associated with compliance efforts by establishments in SIC 
4491, which includes marine terminal operators and stevedores.

   Table 3.--Estimated Annual Costs of Final Marine Terminals Standard  
                             (1993 Dollars)                             
------------------------------------------------------------------------
                                                              Annualized
                                                                 cost*  
------------------------------------------------------------------------
Workplace Analysis..........................................     91,945 
General Training:                                                       
    Supervisor Time.........................................     25,288 
    Instructor..............................................     23,955 
Seatbelts...................................................     17,537 
                                                             -----------
      Total.................................................   $158,725 
------------------------------------------------------------------------
Source: U.S. Department of Labor OSHA, based on Kearney/Centaur Report  
  to ORA, Reference 1 in Economic Analysis, Chapter 4.                  
*Annualized over 10 years using a 7% interest rate.                     

D. Technological Feasibility, Economic Impacts, and Economic 
Feasibility

    All of the requirements of the final standards can be met using 
currently available equipment, facilities, tests, inspections, 
supplies, and work practices. OSHA's analysis of the technological 
requirements of each provision indicates that none of the final 
provisions will create any problem of supply or availability of 
equipment, facilities, or personnel. Thus the Agency concludes that the 
standards are technologically feasible for employers in these 
industries.
    In the rulemaking, questions were raised about the technological 
feasibility of providing fall protection on top of intermodal 
containers.\10\ However, the final standard exempts employers from 
providing fall protection when it is impossible to do so or when doing 
so would create a greater hazard. Some commenters questioned whether it 
was technologically feasible to install anti-two-blocking devices on 
shore-based cranes. However, industry experts testified that it was 
possible to do so and further that, when cranes are not lifting 
personnel, the anti-two-blocking device can be turned off or by-passed 
for duty cycle work. For one type of shore-based crane, those with two 
hoist blocks, the addition of anti-two-blocking devices were said to 
make the crane more difficult to operate. The Agency has concluded that 
the anti-two-blocking devices can be turned off when these cranes are 
doing duty-cycle work (the devices must only work when hoisting 
personnel). In any event, there are alternative means for personnel to 
reach elevated work areas. Other commenters noted that when positioning 
containers in some vessels, it was not possible to perform absolutely 
vertical lifts in some situations. The Agency agreed with this view, 
and the final rule allows non-vertical lifts of containers under 
certain circumstances.
---------------------------------------------------------------------------

     \10\For an analysis of comments received and Agency responses, 
see the Summary and Explanation, above.
---------------------------------------------------------------------------

    The total annual revenues and profits of longshoring operations are 
estimated to be approximately $7.8 billion and $388.9 million, 
respectively. The estimated costs of compliance with the final 
Longshoring and Marine Terminals Standards are $3.1 million annually. 
Since these costs will mainly be generated by compliance efforts by 
stevedores and marine terminal operators, and since the compliance 
costs of marine terminals will be passed on to stevedores, the Agency 
has concluded that the best measure of the standards' economic impact 
is to compare costs of compliance with the revenues and profits of 
longshoring operations. Thus, the annual costs of compliance with the 
final rule represent less than 0.04 percent of the revenues and 0.8 
percent of the profits of establishments in the longshoring industry. 
Costs of this magnitude are unlikely to threaten the viability even of 
marginal firms.
    Current practices in the marine cargo handling industry (SIC 4491) 
indicate that the requirements of the final standards can be met 
without significant hardship. Many employers already comply with the 
final rule's requirements, as the record indicates.
    Compliance with the requirements of the final Longshoring and 
Marine Terminals Standards is not expected to produce any significant 
adverse economic impacts. The costs of these rules are expected to 
impose only a minimal burden on affected establishments and will be 
more than offset by the economic benefits of avoided deaths and 
injuries. Taken alone, the estimated compliance costs would represent 
an average increase in the cost of shipping a loaded container in or 
out of U.S. ports of less than 50 cents; the current cost of shipping 
such a container from the U.S. to Europe now averages about $3000 
(about $150 for stevedoring services). On the whole, the costs of 
marine cargo handling operations for society would decrease as a result 
of the final rules, because fewer accidents mean less lost time and 
wages and fewer medical and legal resources spent on cargo shipping and 
handling. The estimated benefits anticipated from the final standards 
include unquantified reductions in pain and suffering, plus estimated 
economic savings of more than $7 million annually from reducing lost 
workdays due to injuries. The Agency therefore has determined that the 
final Longshoring and Marine Terminal Standards are economically 
feasible for establishments in the affected industries.

E. Screening Analysis to Identify Small-Business Impacts and 
Certification of No Significant Impact

    Pursuant to the Regulatory Flexibility Act of 1980, as amended in 
1996, OSHA has assessed the impact of the revised standards on small 
entities in the marine cargo handling industry, using the Small 
Business Administration (SBA) size standard for SIC 4491. SBA has 
defined a small business in SIC 4491 as one with annual revenues of 
$18.5 million or less (61 FR 3291). OSHA estimates that this 
corresponds to 90% of all establishments in SIC 4491. As noted earlier, 
the costs of compliance amount to less than 0.04 percent of sales in 
the marine cargo handling industry. Because the magnitude of these 
compliance costs is so small, and because the final rules reflect 
practices that are currently being followed by many employers 
throughout the marine cargo handling industry, the Agency certifies 
that these final rules will not have a significant impact on a 
substantial number of small entities.

[[Page 40193]]

    Several provisions in the final standards have been written or 
revised in order to avoid imposing unnecessary burden on small 
businesses while still remaining consistent with OSHA's mandate to 
protect employee safety. For example, when establishments do not have 
container gantry cranes, as is the case for many smaller establishments 
that service freighters with mixed cargoes, the final Longshoring 
standard does not require the use of positive container securing 
devices, although doing so was considered by the Agency. In addition, 
establishments that use shore-based, single wire cranes for handling 
containers are allowed under the final rule to lift containers with 
non-vertical lifts, provided that they conform to other handling 
conditions designed to protect marine cargo handling employees. These 
firms also will not have to purchase box spreader beams and can 
continue to use their simpler spreader beams, a change to the standard 
that will enhance container top safety as well as productivity. In 
addition, in the final standard all existing special stevedoring gear 
with a capacity greater than 5 short tons will only have to be tested 
every four years and an employer's designated person will be allowed to 
perform the testing (rather than an OSHA accredited agency). Finally, 
employers will not be required by the final rules to have a 
professional engineer certify the adequacy of fall protection systems 
but can instead rely on a qualified person. All of the above provisions 
provide regulatory relief to smaller as well as larger employers, and 
all are consistent with the mandate of the OSH Act.

F. Non-Regulatory Alternatives

    The Agency considered relying on the incentives created by workers' 
compensation programs and the threat of private tort suits to reduce 
the number of fatalities and injuries to workers in the affected 
industries. The Agency determined, however, that government regulation 
is needed because of the significant risk of job-related injury or 
death that continues to exist in these industries. Private markets fail 
to provide sufficient safety and health resources due to the 
externalization of part of the social cost of worker injuries and 
deaths. The longshore workers' compensation system does not offer an 
adequate remedy because premiums to employers do not reflect specific 
workplace risk, and liability claims are restricted by statutes that 
prevent employees from suing their employers. The Agency is also aware 
that in some cases union and employer agreements include many of the 
provisions that are contained in the final standards. However, a large 
fraction of the affected employees are not subject to these agreements. 
Further, these agreements are neither consistent nor comprehensive, and 
they do not provide an enforceable framework for workplace safety. 
Accordingly, bargaining between employers and employees cannot be 
relied on to achieve an adequately protective solution.

G. Impact Upon International Trade

    OSHA has determined that compliance with the final Longshoring and 
Marine Terminals Standards will not have a significant impact upon 
international trade. The compliance costs of the standards are minimal 
and are not expected to affect prices of exports or imports or 
international competitiveness. To the extent that compliance with the 
final rules increases cargo handling efficiency and reduces the number 
of injuries and fatalities associated with these operations, shipping 
costs may be reduced and international trade encouraged.
    The requirement for engineering controls where feasible for ships 
to load or discharge containers ( e.g. semi-automatic twist locks or 
cell guides) will not affect shippers' costs or, therefore, 
international trade. Wherever possible most shippers have already 
converted to the use of these engineering controls since there are 
clear cost advantages to doing so. Approximately 75 percent of foreign-
owned vessels that call at U.S. ports use these engineering controls 
already. Not all ships will convert to using these engineering controls 
since these are only required where container lifting is done with 
container gantry cranes and some marine terminals and longshoring work 
is still performed with single-wire cranes or forklifts.

VII. Environmental Impact

    The final Longshoring and Marine Terminals Standards have been 
reviewed in accordance with the requirements of the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the 
regulations of the Council on Environmental Quality (CEQ) (40 CFR Part 
1500), and DOL NEPA Procedures (29 CFR Part 11). No significant 
negative impact is foreseen on air, water or soil quality, plant or 
animal life, the use of land or sea, or other aspects of the 
environment as a result of these standards.

VIII. Recordkeeping and Paperwork Requirements

    The Agency has estimated the paperwork burden of the Longshoring 
and Marine Terminal Standards under the guidelines of the Paperwork 
Reduction Act of 1995. Under that Act, burden is defined as the total 
time, effort, or financial resources expended by persons to generate, 
maintain, retain, or disclose or provide information to or for a 
Federal Agency. The Agency has concluded that the following elements of 
these two standards potentially could create a paperwork burden for the 
affected industries:

1917.25(g) warranty of fumigated tobacco 1917.26(d)(7) labelling of 
stretcher closets 1917.50(i)(2) labelling of cargo handling gear 
1917.71(f)(4) marking of trailers 1918.22(g) labelling gangway 
hazards 1918.74(i)(1) tagging ladders 1918.61(b)(2) labelling gear 
1918.86(g) labelling trailers

Collections of Information: Request for Comments

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent burden, conducts a preclearance consultation 
program to provide the general public and Federal agencies with an 
opportunity to comment on proposed and/or continuing collections of 
information in accordance with the Paperwork Reduction Act of 1995 
(PRA95)(44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that 
requested data can be provided in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements on 
respondents can be properly assessed. Therefore, OSHA is soliciting 
comments concerning the proposed approval for the paperwork 
requirements of the final Longshoring and Marine Terminal Standards. 
Written comments should:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or

[[Page 40194]]

other forms of information technology, e.g. permitting electronic 
submissions of responses.
    OSHA must obtain Office of Management and Budget (OMB) approval of 
the paperwork requirements of this final rule. As part of that approval 
process OSHA will be submitting a Paperwork Reduction Act Submission 
(OMB 83-1) along with a supporting statement responding to specific 
questions from OMB. After a review of OSHA's submission, OMB will 
either approve, reject, or request revision of the identified paperwork 
requirements. A full copy of OSHA's submission to OMB is included in 
the docket for this rulemaking and is available in the docket for 
public inspection and copying. The public is asked to review and offer 
comments on OSHA's paperwork package. Comments may be submitted to the 
rulemaking docket, S-025. The following information is provided as a 
summary of the information contained in OSHA's submission to OMB:
    Type of review: Revision of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Longshoring and Marine Terminals.
    OMB Control No.: 1218-0196.
    Agency Docket No.: S-025.
    Frequency: On occasion.Affected Public: Business or other for 
profit, Federal government, State and local governments.
    Number of respondents: 3,700.
    Estimated time per respondent: Varies.
    Total estimated annual recurring costs: $12,750.00.
    Total estimated first year, one-time costs: $1,573,350.00.
    Total estimated annual recurring burden hours: 250 hours annually.
    Total estimated first year, one-time burden hours: 30,850 hours.
    Comments submitted in response to this request will be summarized 
and included in OSHA's request for Office of Management and Budget 
approval of the paperwork burden. The comments will also become a 
matter of public record.

IX. State Plan Requirements

    This Federal Register document issues new rules addressing 
longshoring and marine terminal operations regulated in 29 CFR parts 
1910, 1917, and 1918. The new rules promulgated today will be codified 
into the applicable section of the Code of Federal Regulations.
    The 25 States or U.S. Territories with their own OSHA approved 
occupational safety and health plans must develop a comparable standard 
applicable to both the private and public (state and local government 
employees) sectors within six months of the publication date of a 
permanent final Federal rule or show OSHA why there is no need for 
action, e.g. because an existing state standard covering this area is 
already ``at least as effective as'' the new Federal standard.
    Currently five states (California, Minnesota, Oregon, Vermont and 
Washington) with their own state plans cover private sector onshore 
maritime activities. Federal OSHA enforces maritime standards offshore 
in all states and provides onshore coverage of maritime activities in 
Federal OSHA states and in the following State Plan states: Alaska, 
Arizona, Connecticut (plan covers only state and local government 
employees), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, 
Nevada, New Mexico, New York (plan covers only state and local 
government employees), North Carolina, Puerto Rico, South Carolina, 
Tennessee, Utah, Virginia, Virgin Islands, and Wyoming.

X. Federalism

    This standard has been reviewed in accordance with Executive Order 
12612, 52 FR 41685 (October 30, 1987), regarding Federalism. This Order 
requires that agencies, to the extent possible, refrain from limiting 
State policy options, consult with States prior to taking any actions 
that would restrict State policy options, and take such actions only 
when there is a clear constitutional authority and the presence of a 
problem of national scope. The Order provides for preemption of State 
law only if there is a clear Congressional intent for the Agency to do 
so. Any such preemption is to be limited to the extent possible.
    Section 18 of the Occupational Safety and Health Act (OSH Act), 
expresses Congress' clear intent to preempt State laws with respect to 
which Federal OSHA has promulgated occupational safety or health 
standards. Under the OSH Act, a State can avoid preemption only if it 
submits, and obtains Federal approval of, a plan for the development of 
such standards and their enforcement. Occupational safety and health 
standards developed by such State Plan-States must, among other things, 
be at least as effective in providing safe and healthful employment and 
places of employment as the Federal standards. Where such standards are 
applicable to products distributed or used in interstate commerce, they 
may not unduly burden commerce and must be justified by compelling 
local conditions (See section 18(c)(2)).
    The final Longshoring and Marine Terminals Standards are drafted so 
that employees in every State will be protected by general, 
performance-oriented standards, except in those cases in which employee 
safety would be enhanced by more specific requirements. States with 
occupational safety and health plans approved under section 18 of the 
OSH Act will be able to develop their own State standards to deal with 
any special problems which might be encountered in a particular state. 
Moreover, the performance nature of this standard, of and by itself, 
allows for flexibility by States and employers to provide as much 
leeway as possible using alternative means of compliance.
    These final Longshoring and Marine Terminals Standards address 
safety and health problems related to the hazards found in the marine 
cargo handling industry which is national in scope.
    Those States which have elected to participate under section 18 of 
the OSH Act would not be preempted by this regulation and will be able 
to deal with special, local conditions within the framework provided by 
this standard while ensuring that their standards are at least as 
effective as the Federal Standard.

XI. Unfunded Mandates

    For the purposes of the Unfunded Mandates Reform Act of 1995, as 
well as Executive Order 12875, this rule does not include any federal 
mandate that may result in increased expenditures by State, local, and 
tribal governments, or increased expenditures by the private sector of 
more that $100 million.

List of Subjects in 29 CFR Parts 1910, 1917, and 1918

    Cargo, Cargo gear certification, Intermodal container, Hazardous 
materials, Incorporation by reference, Longshoring, Maritime, Marine 
cargo handling, Marine terminal, Labeling, Occupational safety and 
health, Protective equipment, Respiratory protection, Signs and 
symbols.

    Authority: This document has been prepared under the direction 
of Greg R. Watchman, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue, NW, Washington, D.C. 20210. Pursuant to 
sections 4, 6 and 8 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657), section 41 of the Longshore and 
Harbor Workers' Compensation Act (33 U.S.C. 941), Secretary of 
Labor's Order No. 6-96 (62 FR 111); and 29 CFR part 1911, parts 
1910, 1917 and 1918 of Title 29 of the Code of Federal Regulations 
are amended as set forth below.


[[Page 40195]]


    Signed at Washington, D.C. this 18th day of July, 1997.
Greg R. Watchman,
Acting Assistant Secretary of Labor.
Alexis M. Herman,
Secretary of Labor.

PART 1910--GENERAL INDUSTRY SAFETY AND HEALTH REGULATIONS [AMENDED]

    1. The authority citation for subpart B of part 1910 is revised to 
read as follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 
et seq.; Service Contract Act of 1965, 41 U.S.C. 351 et seq.; 
Sec.107, Contract Work Hours and Safety Standards Act (Construction 
Safety Act), 40 U.S.C. 333; Sec. 41, Longshore and Harbor Workers' 
Compensation Act, 33 U.S.C. 941; National Foundation of Arts and 
Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 1911), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), or 6-96 (62 FR 111), as applicable.

    2. Paragraphs (a), (b), and (c)(4) of Sec. 1910.16 are revised to 
read as follows:


Sec. 1910.16  Longshoring and marine terminals.

    (a) Safety and health standards for longshoring. (1) Part 1918 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to all employment of every employee engaged in longshoring 
operations or related employment aboard any vessel. All cargo transfer 
accomplished with the use of shore-based material handling devices 
shall be governed by part 1917 of this chapter.
    (2) Part 1910 does not apply to longshoring operations except for 
the following provisions:
    (i) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (ii) Commercial diving operations. Subpart T;
    (iii) Electrical. Subpart S when shore-based electrical 
installations provide power for use aboard vessels;
    (iv) Hazard communication. Subpart Z, Sec. 1910.1200;
    (v) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (vi) Noise. Subpart G, Sec. 1910.95;
    (vii) Nonionizing radiation. Subpart G, Sec. 1910.97;

    Note to paragraph (a)(2)(vii): Exposures to nonionizing 
radiation emissions from commercial vessel transmitters are 
considered hazardous under the following conditions: (1) where the 
radar is transmitting, the scanner is stationary, and the exposure 
distance is 18.7 feet (6 m.) or less; or (2) where the radar is 
transmitting, the scanner is rotating, and the exposure distance is 
5.2 feet (1.8 m.) or less,

    (viii) Respiratory protection. Subpart I, Sec. 1910.134;
    (ix) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements;\1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with 
the international legal requirements of the International Convention 
for the Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94 (a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).
    (b) Safety and health standards for marine terminals. Part 1917 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to employment within a marine terminal, except as follows:
    (1) The provisions of part 1917 of this chapter do not apply to the 
following:
    (i) Facilities used solely for the bulk storage, handling, and 
transfer of flammable and combustible liquids and gases.
    (ii) Facilities subject to the regulations of the Office of 
Pipeline Safety of the Research and Special Programs Administration, 
Department of Transportation (49 CFR chapter I, subchapter D), to the 
extent such regulations apply to specific working conditions.
    (iii) Fully automated bulk coal handling facilities contiguous to 
electrical power generating plants.
    (2) Part 1910 does not apply to marine terminals except for the 
following:
    (i) Abrasive blasting. Subpart G, Sec. 1910.94(a);
    (ii) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (iii) Commercial diving operations. Subpart T;
    (iv) Electrical. Subpart S;
    (v) Grain handling facilities. Subpart R, Sec. 1910.272;
    (vi) Hazard communication. Subpart Z, Sec. 1910.1200;
    (vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (viii) Noise. Subpart G, Sec. 1910.95;
    (ix) Nonionizing radiation. Subpart G, Sec. 1910.97.
    (x) Respiratory protection. Subpart I, Sec. 1910.134.
    (xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec. 1910.177; and
    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \2\
---------------------------------------------------------------------------

    \2\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with 
the international legal requirements of the International Convention 
for the Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1917.24(a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1917.73(a)(2)).
    (c) * * *
    (4) Marine terminal means wharves, bulkheads, quays, piers, docks 
and other berthing locations and adjacent storage or adjacent areas and 
structures associated with the primary movement of cargo or materials 
from vessel to shore or shore to vessel including structures which are 
devoted to receiving, handling, holding, consolidation and loading or 
delivery of waterborne shipments or passengers, including areas devoted 
to the maintenance of the terminal or equipment. The term does not 
include production or manufacturing areas having their own docking 
facilities and located at a marine terminal nor does the term include 
storage facilities directly associated with those production or 
manufacturing areas.

PART 1917--MARINE TERMINALS

    1. The authority citation for part 1917 is revised to read as 
follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 
6-96 (62 FR 111), as applicable; 29 CFR part 1911.

    Section 1917.28 also issued under 5 U.S.C. 553.

Subpart A--Scope and Definitions

    2. Section 1917.1 is amended by revising the introductory text of 
paragraph (a), paragraphs (a)(2)(i) through (a)(2)(x) and by adding 
paragraphs (a)(2)(xi) through (a)(2)(xiii) and (b) to read as follows:

[[Page 40196]]

Sec. 1917.1  Scope and applicability.

    (a) The regulations of this part apply to employment within a 
marine terminal as defined in Sec. 1917.2(u), including the loading, 
unloading, movement or other handling of cargo, ship's stores or gear 
within the terminal or into or out of any land carrier, holding or 
consolidation area, any other activity within and associated with the 
overall operation and functions of the terminal, such as the use and 
routine maintenance of facilities and equipment. All cargo transfer 
accomplished with the use of shore-based material handling devices 
shall be regulated by this part.
    (1) * * *
    (2) * * *
    (i) Abrasive blasting. Subpart G, Sec. 1910.94(a);
    (ii) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (iii) Commercial diving operations. Subpart T of part 1910;
    (iv) Electrical. Subpart S of part 1910;
    (v) Grain handling facilities. Subpart R, Sec. 1910.272;
    (vi) Hazard communication. Subpart Z, Sec. 1910.1200;
    (vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (viii) Noise. Subpart G, Sec. 1910.95;
    (ix) Nonionizing radiation. Subpart G, Sec. 1910.97;
    (x) Respiratory protection. Subpart I, Sec. 1910.134;
    (xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec. 1910.177; and
    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with 
the international legal requirements of the International Convention 
for the Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1917.24(a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1917.73(a)(2)).
    (b) [Reserved]
    3. In Sec. 1917.2, the letter designations to each definition are 
removed and the definitions are placed in alphabetical order and the 
definitions for the terms intermodal container and marine terminal are 
revised to read as follows:


Sec. 1917.2  Definitions.

* * * * *
    Intermodal container means a reusable cargo container of a rigid 
construction and rectangular configuration; fitted with devices 
permitting its ready handling, particularly its transfer from one mode 
of transport to another; so designed to be readily filled and emptied; 
intended to contain one or more articles of cargo or bulk commodities 
for transportation by water and one or more other transport modes. The 
term includes completely enclosed units, open top units, fractional 
height units, units incorporating liquid or gas tanks and other 
variations fitting into the container system. It does not include 
cylinders, drums, crates, cases, cartons, packages, sacks, unitized 
loads or any other form of packaging.
* * * * *
    Marine terminal means wharves, bulkheads, quays, piers, docks and 
other berthing locations and adjacent storage or adjacent areas and 
structures associated with the primary movement of cargo or materials 
from vessel to shore or shore to vessel including structures which are 
devoted to receiving, handling, holding, consolidating and loading or 
delivery of waterborne shipments or passengers, including areas devoted 
to the maintenance of the terminal or equipment. The term does not 
include production or manufacturing areas nor does the term include 
storage facilities directly associated with those production or 
manufacturing areas.
* * * * *
    4. A new Sec. 1917.3 is added to subpart A to read as follows:


Sec. 1917.3  Incorporation by reference.

    (a) (1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e. 
provisions containing the word ``shall'' or other mandatory language) 
of standards incorporated by reference are adopted as standards under 
the Occupational Safety and Health Act.
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection at the national office of the Occupational Safety and Health 
Administration, U.S. Department of Labor, Washington, DC 20210.
    (3) The materials listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as they 
exist on the date of the approval, and a notice of any change in these 
materials will be published in the Federal Register. These 
incorporations by reference (IBRs) were approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (4) Copies of the following standards that are issued by the 
respective private standards organizations may be obtained from the 
issuing organizations. The materials are available for purchase at the 
corresponding addresses of the private standards organizations noted in 
paragraph (b) of this section. In addition, all are available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington DC, and through the OSHA Docket 
Office, room N2625, U.S. Department of Labor, 200 Constitution Ave., 
Washington, DC 20210, or any of OSHA's regional offices.
    (b) The following material is available for purchase from the 
American National Standards Institute (ANSI), 11 West 42nd St., New 
York, NY 10036:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; 
BR approved for Sec. 1917.119(c).
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal 
Ladders; BR approved for Sec. 1917.119(c).
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders; IBR approved for Sec. 1917.119(c).
    (4) ANSI Z-87.1-1989, Practice for Occupational and Educational Eye 
and Face Protection; IBR approved for Sec. 1917.91(a)(1).
    (5) ANSI Z-89.1-1986, Personnel Protection-Protective Headwear for 
Industrial Workers-Requirements; IBR approved for Sec. 1917.93(b).
    (6) ANSI Z-41-1991, American National Standard for Personal 
Protection-Protective Footwear; IBR approved for Sec. 1917.94(b).

Subpart B--Marine Terminal Operations

    5. Section 1917.11 is amended by adding a new paragraph (d) to read 
as follows:


Sec. 1917.11  Housekeeping.

* * * * *
    (d) Dunnage, lumber, or shoring material in which there are visibly 
protruding nails shall be removed from the immediate work area or if 
left in the

[[Page 40197]]

area, the nails shall be rendered harmless.
    6. Section 1917.13 is amended by revising paragraph (g) and by 
adding new paragraphs (h) and (i) to read as follows:


Sec. 1917.13  Slinging.

* * * * *
    (g) Intermodal containers shall be handled in accordance with 
Sec. 1917.71(f).
    (h) The employer shall require employees to stay clear of the area 
beneath overhead drafts or descending lifting gear.
    (i) Employees shall not be permitted to ride the hook or the load.
    7. Section 1917.17 is amended by revising paragraphs (i), (j), and 
(k) to read as follows:


Sec. 1917.17  Railroad facilities.

* * * * *
    (i) If powered industrial trucks are used to open railcar doors, 
the trucks or the railcar doors shall be equipped with door opening 
attachments. Employees shall stand clear of the railcar doors while 
they are being opened and closed.
    (j) Only railcar door openers or powered industrial trucks equipped 
with door opening attachments shall be used to open jammed doors.
    (k) Employees shall not remain in or on gondolas or flat cars when 
drafts that create overhead, caught-in, caught-between or struck-by 
hazards are being landed in or on the railcar; end gates, if raised, 
shall be secured.
* * * * *
    8. Section 1917.20 is revised to read as follows:


Sec. 1917.20  Interference with communications.

    Cargo handling operations shall not be carried on when noise-
producing, maintenance, construction or repair work interferes with the 
communication of warnings or instructions.
    9. Section 1917.23 is amended by revising the heading and 
paragraphs (b)(1) and (d) introductory text to read as follows:


Sec. 1917.23  Hazardous atmospheres and substances (See also 
Sec. 1917.2(r)).

* * * * *
    (b) Determination of hazard. (1) When the employer is aware that a 
room, building, vehicle, railcar, or other space contains or has 
contained a hazardous atmosphere, a designated and appropriately 
equipped person shall test the atmosphere before employee entry to 
determine whether a hazardous atmosphere exists.
* * * * *
    (d) Entry into hazardous atmospheres. Only designated persons shall 
enter hazardous atmospheres, in which case the following shall apply:
* * * * *
    10. Section 1917.24, is amended by revising paragraph (a) to read 
as follows:


Sec. 1917.24  Carbon monoxide.

    (a) Exposure limits. The carbon monoxide content of the atmosphere 
in a room, building, vehicle, railcar, or any enclosed space shall be 
maintained at not more than 50 parts per million (ppm) (0.005%) as an 
eight hour average area level and employees shall be removed from the 
enclosed space if the carbon monoxide concentration exceeds a ceiling 
of 100 ppm (0.01%).
* * * * *
    11. Section 1917.25 is amended by revising paragraphs (a) and (c) 
and adding a new paragraph (g) to read as follows:


Sec. 1917.25  Fumigants, pesticides, insecticides and hazardous 
preservatives (See also Sec. 1917.2(p)).

    (a) At any time that the concentration in any space reaches the 
level specified as hazardous by the fumigant manufacturer or by Table 
Z-1 of 29 CFR 1910.1000, whichever is lower, all employees shall be 
removed from the space and shall not be permitted to re-enter until 
such time as tests demonstrate that the atmosphere is safe.
* * * * *
    (c) Results of any tests shall be available for at least 30 days. 
Such records may be entered on any retrievable medium, and shall be 
available for inspection.
* * * * *
    (g) In the case of containerized shipments of fumigated tobacco, 
the contents of the container shall be aerated by opening the container 
doors for a period of 48 hours after the completion of fumigation and 
prior to loading. When tobacco is within shipping cases having 
polyethylene or similar bag liners, the aeration period shall be 72 
hours. The employer shall obtain a written warranty from the fumigation 
facility stating that the appropriate aeration period has been met.
    12. Section 1917.26 is amended by revising paragraphs (c) and (d) 
to read as follows:


Sec. 1917.26  First aid and lifesaving facilities.

* * * * *
    (c) First aid kit. First aid kits shall be weatherproof and shall 
contain individual sealed packages for each item that must be kept 
sterile. The contents of each kit shall be determined by a person 
certified in first aid and cognizant of the hazards found in marine 
cargo handling operations. The contents shall be checked at intervals 
that allow prompt replacement of expended items.
    (d) Stretchers. (1) There shall be available for each vessel being 
worked one Stokes basket stretcher, or its equivalent, permanently 
equipped with bridles for attaching to the hoisting gear.
    (2) Stretchers shall be kept close to vessels and shall be 
positioned to avoid damage to the stretcher.
    (3) A blanket or other suitable covering shall be available.
    (4) Stretchers shall have at least four sets of effective patient 
restraints in operable condition.
    (5) Lifting bridles shall be of adequate strength, capable of 
lifting 1,000 pounds (454 kg) with a safety factor of five, and shall 
be maintained in operable condition. Lifting bridles shall be provided 
for making vertical patient lifts at container berths. Stretchers for 
vertical lifts shall have foot plates.
    (6) Stretchers shall be maintained in operable condition. Struts 
and braces shall be inspected for damage. Wire mesh shall be secured 
and have no burrs. Damaged stretchers shall not be used until repaired.
    (7) Stretchers in permanent locations shall be mounted to prevent 
damage and shall be protected from the elements if located out-of-
doors. If concealed from view, closures shall be marked to indicate the 
location of the life saving equipment.
* * * * *
    13. Section 1917.27 is amended by revising paragraph (a)(2) and 
adding a note to read as follows:


Sec. 1917.27  Personnel.

    (a) * * *
    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments that may suddenly incapacitate the employee, shall be 
permitted to operate a crane, winch or other power-operated cargo 
handling apparatus or a power-operated vehicle.

    Note to paragraph (a)(2): OSHA is defining suddenly 
incapacitating medical ailments consistent with the Americans with 
Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers 
who act in accordance with the employment provisions (Title I) of 
the ADA (42 U.S.C. 12111-12117), the regulations implementing Title 
I (29 CFR part 1630), and the Technical Assistance Manual for Title 
I issued by the Equal Employment Opportunity Commission (Publication 
number: EEOC--M1A), will be

[[Page 40198]]

considered as being in compliance with this paragraph.
* * * * *
    14. Section 1917.28 is amended by removing the regulatory text and 
revising the section heading to read as follows:


Sec. 1917.28  Hazard communication (See also Sec. 1917.1(a)(2)(vi)).

    15. A new section 1917.30, Emergency action plans, is added to 
subpart B to read as follows:


Sec. 1917.30  Emergency action plans.

    (a) Emergency action plans. (1) Scope and application. This 
paragraph (a) requires all employers to develop and implement an 
emergency action plan. The emergency action plan shall be in writing 
(except as provided in the last sentence of paragraph (a)(5)(iii) of 
this section) and shall cover those designated actions employers and 
employees must take to ensure employee safety from fire and other 
emergencies.
    (2) Elements. The following elements, at a minimum, shall be 
included in the plan:
    (i) Emergency escape procedures and emergency escape route 
assignments;
    (ii) Procedures to be followed by employees who remain to operate 
critical plant operations before they evacuate;
    (iii) Procedures to account for all employees after emergency 
evacuation has been completed;
    (iv) Rescue and medical duties for those employees who are to 
perform them;
    (v) The preferred means of reporting fires and other emergencies; 
and
    (vi) Names or regular job titles of persons or departments that can 
be contacted for further information or explanation of duties under the 
plan.
    (3) Alarm system. The employer shall establish an employee alarm 
system that provides warning for necessary emergency action and for 
reaction time for safe escape of employees from the workplace or the 
immediate work area.
    (4) Evacuation. The employer shall establish the types of 
evacuation to be used in emergency circumstances.
    (5) Training. (i) Before implementing the emergency action plan, 
the employer shall designate and train a sufficient number of persons 
to assist in the safe and orderly emergency evacuation of employees.
    (ii) The employer shall review the plan with each employee covered 
by the plan at the following times:
    (A) Initially when the plan is developed;
    (B) Whenever the employee's responsibilities or designated actions 
under the plan change; and
    (C) Whenever the plan is changed.
    (iii) The employer shall review with each employee upon initial 
assignment those parts of the plan that the employee must know to 
protect the employee in the event of an emergency. The written plan 
shall be kept at the workplace and be made available for employee 
review.
    (iv) Employers with 10 or fewer employees may communicate the plan 
orally to employees and need not maintain a written plan
    (b) [Reserved]

Subpart C--Cargo Handling Gear and Equipment

    16. Section 1917.42 is amended by revising paragraphs (b)(4), 
(Table C-1 remains unchanged), (c)(1) and (d), adding (g)(2)(vi), and 
revising (h)(4), (h)(5), and (j)(1) to read as follows:


Sec. 1917.42  Miscellaneous auxiliary gear.

* * * * *
    (b) * * *
    (4) Where wire rope clips are used to form eyes, the employer shall 
adhere to the manufacturers' recommendations, which shall be made 
available for inspection. If ``U'' bolt clips are used and the 
manufacturers' recommendations are not available, Table C-1 shall be 
used to determine the number and spacing of the clips. ``U'' bolts 
shall be applied with the ``U'' section in contact with the dead end of 
the rope.
* * * * *
    (c) * * *
    (1) The employer shall ascertain the manufacturers' ratings for the 
specific natural fiber rope used and have such ratings available for 
inspection. The manufacturers' ratings shall be adhered to and a 
minimum design safety factor of five maintained.
* * * * *
    (d) Synthetic rope. (1) The employer shall adhere to the 
manufacturers' ratings and use recommendations for the specific 
synthetic fiber rope used and shall make such ratings available for 
inspection.
    (2) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for fiber ropes of less than 
three inches (7.62 cm) in circumference, the substitute shall be of 
equal size. Where substituted for fiber rope of three inches or more in 
circumference, the size of the synthetic rope shall be determined from 
the formula:

C=0.6Cs\2\+0.4Cm\2\

Where C= the required circumference of the synthetic rope in inches, 
Cs= the circumference to the nearest one-quarter inch of a synthetic 
rope having a breaking strength not less than that of the size fiber 
rope that is required by paragraph (c) of this section and Cm= the 
circumference of the fiber rope in inches that is required by paragraph 
(c) of this section. In making such substitution, it shall be 
ascertained that the inherent characteristics of the synthetic fiber 
are suitable for hoisting.
* * * * *
    (g) * * *
    (2) * * *
    (vi) Display of visible warning threads or markers designed to 
indicate excessive wear or damage.
* * * * *
    (h) * * *
    (4) Chains shall be repaired only under qualified supervision. 
Links or portions of chain defective under any of the criteria of 
paragraph (h)(3)(iii) of this section shall be replaced with properly 
dimensioned links or connections of material similar to those of the 
original chain. Before repaired chains are returned to service, they 
shall be tested to the proof load recommended by the manufacturer of 
the original chain. Tests shall be performed by the manufacturer or 
shall be certified by an agency accredited for the purpose under part 
1919 of this chapter. Test certificates shall be available for 
inspection.
    (5) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months. Heat treatment 
certificates shall be available for inspection. Alloy chains shall not 
be annealed.
* * * * *
    (j) Hooks other than hand hooks. (1) The manufacturers' recommended 
safe working loads for hooks shall not be exceeded. Hooks other than 
hand hooks shall be tested in accordance with Sec. 1917.50(c)(6).
* * * * *
    17. Section 1917.43 is amended by revising paragraphs (e)(1)(i), 
(e)(6)(iii), and by adding a new paragraph (f)(3) to read as follows:


Sec. 1917.43  Powered industrial trucks.

* * * * *
    (e) Fork lift trucks. (1) Overhead guards. (i) When operators are 
exposed to overhead falling hazards, fork lift trucks shall be equipped 
with securely attached overhead guards. Guards shall be constructed to 
protect the operator

[[Page 40199]]

from falling boxes, cartons, packages, or similar objects.
* * * * *
    (6) Lifting of employees. * * *
    (iii) An employee shall be at the truck's controls whenever 
employees are elevated.
* * * * *
    (f) * * *
    (3) After July 26, 1999 bulk cargo-moving vehicles shall be 
equipped with rollover protection of such design and construction as to 
prevent the possibility of the operator being crushed because of a 
rollover or upset.
* * * * *
    18. Section 1917.44 is amended by revising paragraphs (a), (i), 
(o)(3)(i), (o)(3)(ii) introductory text, and (o)(4) introductory text 
to read as follows:


Sec. 1917.44  General rules applicable to vehicles.\4\

    (a) The requirements of this section apply to general vehicle use 
within marine terminals. Exception: The provisions of paragraphs (c) 
and (l) of this section do not apply when preempted by applicable 
regulations of the Department of Transportation.\5\
---------------------------------------------------------------------------

    \4\ The United States Coast Guard at 33 CFR 126.15(d) and (e) 
has additional regulations applicable to vehicles in terminals.
    \5\ Department of Transportation regulations in 49 CFR part 393, 
Subpart C-Brakes, address the immobilization of trailer road wheels 
prior to disconnection of the trailer and until braking is again 
provided. Section 49 CFR 393.84 addresses the condition of flooring. 
These DOT rules apply when the motor carrier is engaged in 
interstate commerce or in the transport of certain hazardous items 
wholly within a municipality or the commercial zone thereof.
---------------------------------------------------------------------------

* * * * *
    (i) A distance of not less than 20 feet (6.1 m) shall be maintained 
between the first two vehicles in a check-in, check-out, roadability, 
or vessel loading/discharging line. This distance shall be maintained 
between any subsequent vehicles behind which employees are required to 
work.
* * * * *
    (o) * * *
    (3) * * *
    (i) Only employees trained in the procedures required in paragraph 
(o)(4) of this section and who have demonstrated their ability to 
service multi-piece rim wheels shall be assigned such duties.
    (ii) Employees assigned such duties shall have demonstrated their 
ability by the safe performance of the following tasks: * * *
    (4) Servicing procedures. The following procedures shall be 
followed:
* * * * *
    19. Section 1917.45 is amended by revising the section heading, 
paragraphs (f)(4)(iii), (f)(5), (f)(7), (f)(13)(ii), (f)(13)(iii)(A), 
(i)(5)(i) introductory text, (j)(1)(iii)(D), and (j)(2), and by adding 
new paragraphs (g)(11), (j)(9) and (j)(10), to read as follows:


Sec. 1917.45  Cranes and derricks (See also Sec. 1917.50).

* * * * *
    (f) * * *
    (4) * * *
    (iii) Stairways on cranes shall be equipped with rigid handrails 
meeting the requirements of Sec. 1917.112(e).
* * * * *
    (5) Operator's station. (i) The cab, controls and mechanism of the 
equipment shall be so arranged that the operator has a clear view of 
the load or signalman, when one is used. Cab glass, when used, shall be 
safety plate glass or equivalent. Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent) that impairs operator 
visibility shall not be used. Clothing, tools and equipment shall be 
stored so as not to interfere with access, operation, and the 
operator's view.
    (ii) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-
210 for a Type 1 seat belt assembly, shall be installed on the 
operator's seat of high speed container gantry cranes where the seat 
trolleys.
* * * * *
    (7) Outriggers. Outriggers shall be used according to the 
manufacturers' specifications or design data, which shall be available. 
Floats, when used, shall be securely attached to the outriggers. Wood 
blocks or other support shall be of sufficient size to support the 
outrigger, free of defects that may affect safety and of sufficient 
width and length to prevent the crane from shifting or toppling under 
load.
* * * * *
    (13) * * *
    (ii) Each independent hoisting unit of a crane, except worm geared 
hoists, the angle of whose worm is such as to prevent the load from 
accelerating in the lowering direction, shall, in addition to a holding 
brake, be equipped with a controlled braking means to control lowering 
speeds.
    (iii) * * *
    (A) 125 percent when used with an other than mechanically 
controlled braking means; or
* * * * *
    (g) * * *
    (11) Limit switch bypass systems shall be secured during all cargo 
operations. Such bypass systems shall not be used except in an 
emergency or during non-cargo handling operations such as stowing 
cranes or derricks or performing repairs. When a situation requiring 
the use of a bypass system or the readjustment of a limit switch 
arises, it shall be done only under the direction of a crane mechanic.
* * * * *
    (i) * * *
    (5) Operating near electric power lines. (i) Clearance. Unless 
electrical distribution and transmission lines are de-energized and 
visibly grounded at the point of work, or unless insulating barriers 
not a part of or attached to the crane have been erected to prevent 
physical contact with lines, cranes may be operated near power lines 
only in accordance with the following:
* * * * *
    (j) * * *
    (1) * * *
    (iii) * * *
    (D) Equipped with a device to prevent access doors, when used, from 
opening accidentally;
* * * * *
    (2) Except in an emergency, the hoisting mechanism of all cranes or 
derricks used to hoist personnel shall operate only in power up and 
power down, with automatic brake application when not hoisting or 
lowering.
* * * * *
    (9) Employees shall not be hoisted on intermodal container 
spreaders while a load is engaged.
    (10) All cranes and derricks used to hoist personnel shall be 
equipped with an anti-two-blocking device.
* * * * *
    20. Section 1917.46 is amended by revising the heading and 
paragraphs (a)(1)(ii) and (a)(1)(viii)(A) to read as follows:


Sec. 1917.46  Load indicating devices.

    (a) * * *
    (1) * * *
    (ii) The accuracy of the load indicating device, weight-moment 
device, or overload protection device shall be such that any indicated 
load (or limit), including the sum of actual weight hoisted and 
additional equipment or ``add ons'' such as slings, sensors, blocks, 
etc., is within the range between 95 percent (5 percent underload) and 
110 percent (10 percent overload) of the actual true total load. Such 
accuracy shall be required over the range of daily operating variables 
reasonably anticipated under the conditions of use.
* * * * *
    (viii) * * *
    (A) Of trolley equipped bridge type or overhead type while handling 
intermodal containers known to be identified as empty, or loaded, and 
in

[[Page 40200]]

either case in compliance with the provisions of Sec. 1917.71, or while 
hoisting other lifts by means of a lifting beam supplied by the crane 
manufacturer for the purpose, and in all cases within the crane rating;
* * * * *
    21. Section 1917.48 is amended by revising paragraph (d)(2) to read 
as follows:


Sec. 1917.48  Conveyors.

* * * * *
    (d) * * *
    (2) Conveyors using electrically released brakes shall be 
constructed so that the brakes cannot be released until power is 
applied, and so that the brakes are automatically engaged if the power 
fails or the operating control is returned to the ``stop'' position.
* * * * *
    22. Section 1917.50 is amended by revising the heading and 
paragraph (c)(5), by redesignating paragraph (i) as new paragraph (j), 
and revising it, and by adding a new paragraph (i) to read as follows:


Sec. 1917.50  Certification of marine terminal material handling 
devices (See also mandatory Appendix IV, part 1918 of this chapter).

* * * * *
    (c) * * *
    (5) Special gear. (i) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.5 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A of this section).
    (ii) Special stevedoring gear provided by the employer that has a 
SWL of five short tons (10,000 or 4.5 metric tons) or less shall be 
inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A).

                                 Table A                                
------------------------------------------------------------------------
             Safe working load                       Proof load         
------------------------------------------------------------------------
Up to 20 short tons (18.1 metric tons)....  25 percent in excess.       
From 20 through 50 short tons (18.1 to      5 short tons in excess.     
 45.3 metric tons).                                                     
Over 50 short tons (45.3 metric tons).....  10 percent in excess.       
------------------------------------------------------------------------

    (iii) Every spreader that is not a part of ship's gear and is used 
for handling intermodal containers shall be inspected and tested before 
initial use to a proof load equal to 25 percent greater than its rated 
capacity. In addition, any spreader that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.
    (iv) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.5 metric tons) shall be 
proof load tested according to table A of this section every 4 years in 
accordance with paragraph (b) of this section or by a designated 
person.
    (v) Certificates and inspection and test records attesting to the 
tests required by this section shall be available for inspection.
* * * * *
    (i) Safe working load. (1) The safe working load of gear as 
specified in this section shall not be exceeded.
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.5 metric 
tons) shall have its safe working load plainly marked on it.
    (j) Exceptions: The certification requirements of this section do 
not apply to the following equipment:
    (1) Small industrial crane trucks as described and illustrated in 
ANSI B56.1, 1959, ``Safety Code for Powered Industrial Trucks'', and 
powered industrial trucks; and
    (2) Any straddle truck not capable of straddling two or more 
intermodal containers 16 feet (4.8 m) in width.
* * * * *
    23. Section 1917.71 is amended by revising paragraphs (b)(6), 
(b)(7), (c), (e), and (f)(1)(i) and adding new paragraphs (b)(8), 
(f)(4) and (f)(5) to read as follows:


Sec. 1917.71  Terminals handling intermodal containers or roll-on roll-
off operations.

* * * * *
    (b) * * *
    (6) Closed dry van containers carrying vehicles are exempted from 
paragraph (b)(4) of this section provided that:
    (i) The container carries only completely assembled vehicles and no 
other cargo;
    (ii) The container is marked on the outside in such a manner that 
an employee can readily discern that the container is carrying 
vehicles; and
    (iii) The vehicles were loaded into the container at the marine 
terminal.
    (7) The weight of loaded inbound containers from foreign ports 
shall be determined by weighing or by the method of calculation 
described in paragraph (b)(4)(ii) of this section or by shipping 
documents.
    (8) Any scale used within the United States to weigh containers for 
the purpose of the requirements of this section shall meet the accuracy 
standards of the state or local public authority in which the scale is 
located.
    (c) No container or containers shall be hoisted if their actual 
gross weight exceeds the weight marked as required in paragraph (a)(2) 
of this section, or if it exceeds the capacity of the crane or other 
hoisting device intended to be used.
* * * * *
    (e) Each employee working in the immediate area of container 
handling equipment or in the terminal's traffic lanes shall wear a high 
visibility vest (or equivalent protection).\7\
---------------------------------------------------------------------------

    \7\ Decals on hard hats will not be considered equivalent 
protection for the purposes of this paragraph.

    Note to paragraph (3e): High visibility vests or equivalent 
protection means high visibility/retroreflective materials which are 
intended to provide conspicuity of the user by day through the use 
of high visibility (fluorescent) material and in the dark by vehicle 
headlights through the use of retroreflective material. The minimum 
area of material for a vest or equivalent protection is .5 m\2\ (760 
in.\2\) for fluorescent (background) material and .13m\2\ (197 
---------------------------------------------------------------------------
in.\2\) for retroreflective material.

    (f) * * *
    (1) * * *
    (i) When hoisting containers by the top fittings, the lifting 
forces shall be applied vertically from at least four such fittings. A 
less than vertical lift is permitted only under the following 
conditions:
    (A) The container being lifted is an ISO closed box container;
    (B) The condition of the box is sound;
    (C) The speed of hoisting and lowering is moderated when heavily 
ladened containers \8\ are encountered;
---------------------------------------------------------------------------

    \8\ A heavily laden container is one that is loaded to within 20 
percent of its rated capacity.
---------------------------------------------------------------------------

    (D) The lift angle is at 80 to 90 degrees;
    (E) The distance between the lifting beam and the load is at least 
8 feet and 2.4 inches (2.5 m); and
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11 m) for a 40-foot 
container.
* * * * *
    (4) After July 27, 1998, flat bed, low boy trailers (mafis) and 
other similar equipment used to transport containers shall be marked 
with their cargo capacities and shall not be overloaded.
    (5) Each tractor shall have all brake air lines connected when 
pulling trailers equipped with air brakes and shall have the brakes 
tested before commencing operations.
* * * * *

[[Page 40201]]

    24. Section 1917.73 is amended by revising the section heading as 
follows:


Sec. 1917.73  Terminal facilities handling menhaden and similar species 
of fish (See also Sec. 1917.2, definition of hazardous cargo, 
materials, substance, or atmosphere).

* * * * *
    25. Section 1917.91 is amended by revising paragraph (a)(1) and 
revising the section heading to read as follows:


Sec. 1917.91  Eye and face protection.

    (a)(1) The employer shall ensure that each affected employee uses 
appropriate eye and/or face protection where there are exposures to eye 
and/or face hazards. Such equipment shall comply with American National 
Standards Institute, ANSI Z-87.1-1989, ``Practice for Occupational and 
Educational Eye and Face Protection.''
* * * * *
    26. Section 1917.93 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec. 1917.93  Head protection.

    (a) The employer shall ensure that each affected employee wears a 
protective helmet when working in areas where there is a potential for 
injury to the head from falling objects.
    (b) Such equipment shall comply with American National Standards 
Institute, ANSI Z-89.1-1986, ``Personnel Protection-Protective Headwear 
for Industrial Workers-Requirements.'' * * *
    27. Section 1917.94 is revised to read as follows:


Sec. 1917.94  Foot protection.

    (a) The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b) Such equipment shall comply with American National Standards
    Institute, ANSI Z-41-1991, ``American National Standard for 
Personal Protection-Protective Footwear.''
    28. Section 1917.95 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 1917.95  Other protective measures.

* * * * *
    (b) * * *
    (2) Personal flotation devices (PFD) (life preservers, life 
jackets, and work vests) worn by each affected employee shall be any 
United States Coast Guard (USCG) approved and marked Type I PFD, Type 
II PFD or Type III PFD; or shall be a USCG approved Type V PFD that is 
marked for use as a work vest, for commercial use, or for use on 
vessels. USCG approval is pursuant to 46 CFR part 160, Coast Guard 
Lifesaving Equipment Specifications.
* * * * *
    29. Section 1917.112 is amended by revising paragraph (a)(1) to 
read as follows:


Sec. 1917.112  Guarding of edges.

    (a) * * *
    (1) Vehicle curbs, bull rails, or other effective barriers at least 
six inches (15.24 cm) in height shall be provided at the waterside 
edges of aprons and bulkheads, except where vehicles are prohibited. 
Curbs or bull rails installed after October 3, 1983, shall be at least 
10 inches (25.4 cm) in height.
* * * * *
    30. Section 1917.118 is amended by revising paragraphs (d)(2)(i) 
and (f)(2) to read as follows:


Sec. 1917.118  Fixed ladders.

* * * * *
    (d) * * *
    (2)(i) Ladders installed before October 3, 1983, shall have rungs 
evenly spaced from nine to 16\1/2\ inches (22.9 to 41.9 cm) apart, 
center to center.
* * * * *
    (f) * * *
    (2) Form a continuous ladder, uniformly spaced vertically from 12 
inches to 16 inches (30.5 to 41 cm) apart, with a minimum width of 10 
inches (25.4 cm) and projecting at least 4\1/2\ inches (11.43 cm) from 
the wall;
* * * * *
    31. Section 1917.119 is amended by revising paragraphs (b)(1), (c), 
(d)(2), and (f)(4) to read as follows:


Sec. 1917.119  Portable ladders.

* * * * *
    (b) * * *
    (1) Rungs of manufactured portable ladders obtained before October 
3, 1983, shall be capable of supporting a 200-pound (890 N) load 
without deformation.
* * * * *
    (c) Standards for manufactured portable ladders. Portable 
manufactured ladders obtained after January 21, 1998 shall bear 
identification indicating that they meet the appropriate ladder 
construction requirements of the following standards:

ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders
ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders
ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic 
Ladders

    (d) * * *
    (2) Are capable of supporting a 250-pound (1120 N) load without 
deformation; and
* * * * *
    (f) * * *
    (4) Individual sections from different multi-sectional ladders or 
two or more single straight ladders shall not be tied or fastened 
together to achieve additional length.
* * * * *
    32. Section 1917.121 is amended by revising paragraph (b)(3) to 
read as follows:


Sec. 1917.121  Spiral stairways.

* * * * *
    (b) * * *
    (3) Minimum loading capability shall be 100 pounds per square foot 
(4.79 kN), and minimum tread center concentrated loading shall be 300 
pounds (1334 N);
* * * * *
    32a. Section 1917.123 is amended by redesignating footnote 7 as 
footnote 9.
    33. Section 1917.124 is amended by adding new paragraphs (c)(5), 
(c)(6), and (d)(5) and revising the section heading and paragraph 
(d)(1) to read as follows:


Sec. 1917.124  Dockboards (car and bridge plates).

* * * * *
    (c) * * *
    (5) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge.\10\
---------------------------------------------------------------------------

    \10\ When the gap to be bridged to greater than 36 inches (.91 
m), an acceptable means of preventing vehicles from running off the 
edge is a minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

    (6) Dockboards shall be well maintained.
* * * * *
    (d) Ramps. (1) Ramps shall be strong enough to support the loads 
imposed on them and be designed, constructed, and maintained to prevent 
vehicles from running off the edge.\11\
---------------------------------------------------------------------------

    \11\ When the gap to be bridged is greater than 36 inches (.91 
m), an acceptable means of preventing vehicles from running off the 
edge is a minumum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

* * * * *
    (5) Ramps shall be well maintained.
    34. Section 1917.126 is amended by revising paragraph (b) to read 
as follows:


Sec. 1917.126  River banks.

* * * * *
    (b) Where working surfaces at river banks slope so steeply that an 
employee could slip or fall into the water, the outer perimeter of the 
working surface shall be protected by posting or other portable 
protection such as roping off. In these situations, employees must wear 
a personal flotation device meeting the requirements of 
Sec. 1917.95(b).

[[Page 40202]]

    35. Section 1917.152 is amended by revising the section heading and 
redesignating footnote 8 as footnote 12 to read as follows:


Sec. 1917.152  Welding, cutting and heating (hot work) \12\ (See also 
Sec. 1917.2, definition of Hazardous cargo, materials, substance, or 
atmosphere).
---------------------------------------------------------------------------

    \12\ The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior 
permission of the Captain of the Port if welding or other hot work 
is to be carried out at a facility where dangerous cargoes as 
defined by 33 CFR 126.07 are located or being handled.
---------------------------------------------------------------------------

* * * * *
    36. Section 1917.153 is amended by revising the section heading to 
read as follows:


Sec. 1917.153  Spray painting (See also Sec. 1917.2, definition of 
Hazardous cargo, materials, substance, or atmosphere).

* * * * *
    37. Section 1917.156 is amended by revising paragraph 
(b)(3)(iii)(D) to read as follows:


Sec. 1917.156  Fuel handling and storage.

* * * * *
    (b) * * *
    (3) * * *
    (iii) * * *
    (D) Leakage at valves or connections; and
* * * * *
    38. Section 1917.157 is amended by revising paragraph (n) to read 
as follows:


Sec. 1917.157  Battery charging and changing.

* * * * *
    (n) Chargers shall be turned off when leads are being connected or 
disconnected.
* * * * *

PART 1918--[REVISED]

    Part 1918 is revised to read as follows:

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

Subpart A--Scope and Definitions

Sec.
1918.1  Scope and application.
1918.2  Definitions.
1918.3  Incorporation by reference

Subpart B--Gear Certification

1918.11  Gear certification (See also Secs. 1918.2 and 1918.51).

Subpart C--Gangways and Other Means of Access

1918.21  General requirements.
1918.22  Gangways.
1918.23  Jacob's ladders.
1918.24  Fixed and portable ladders.
1918.25  Bridge plates and ramps (See also Sec. 1918.86).
1918.26   Access to barges and river towboats.

Subpart D--Working Surfaces 1918.31 Hatch coverings.

1918.32  Stowed cargo and temporary landing surfaces.
1918.33  Deck loads.
1918.34  Other decks.
1918.35  Open hatches.
1918.36  Weather deck rails.
1918.37  Barges.

Subpart E--Opening and Closing Hatches

1918.41  Coaming clearances.
1918.42  Hatch beam and pontoon bridles.
1918.43  Handling hatch beams and covers.

Subpart F--Vessel's Cargo Handling Gear

1918.51  General requirements (See also Sec. 1918.11 and Appendix 
III of this part).
1918.52  Specific requirements.
1918.53  Cargo winches.
1918.54  Rigging gear.
1981.55  Cranes (See also Sec. 1918.11).

Subpart G--Cargo Handling Gear and Equipment Other Than Ship's Gear

1918.61  General (See also Appendix IV of this part).
1918.62  Miscellaneous auxiliary gear.
1918.63  Chutes, gravity conveyors and rollers.
1918.64  Powered conveyors.
1918.65  Mechanically-powered vehicles used aboard vessels.
1918.66  Cranes and derricks other than vessel's gear.
1918.67  Notifying ship's officers before using certain equipment.
1918.68  Grounding.
1918.69  Tools.
1918.70-.80  [Reserved]

Subpart H--Handling Cargo

1918.81  Slinging.
1918.82  Building drafts.
1918.83  Stowed cargo; tiering and breaking down.
1918.84  Bulling cargo.
1918.85  Containerized cargo operations.
1918.86  Roll-on roll-off (Ro-Ro) operations (See also 
Sec. 1918.25).
1918.87  Ship's cargo elevators.
1918.88  Log operations.
1918.89  Handling hazardous cargo (See also Sec. 1918.2 and 
Sec. 1918.99).

Subpart I--General Working Conditions

1918.90  Hazard communication (See also Sec. 1918.1(b)(4)).
1918.91  Housekeeping.
1918.92  Illumination.
1918.93  Hazardous atmospheres and substances (See also 
Sec. 1918.2(j)).
1918.94  Ventilation and atmospheric conditions (See also 
Sec. 1918.2).
1918.95  Sanitation.
1918.96  Maintenance and repair work in the vicinity of longshoring 
operations.
1918.97  First aid and lifesaving facilities. (See Appendix V of 
this part).
1918.98  Qualifications of machinery operators and supervisory 
training.
1918.99  Retention of DOT markings, placards, and labels.
1918.100  Emergency action plans.

Subpart J--Personal Protective Equipment

1918.101  Eye and face protection.
1918.102  Respiratory protection.
1918.103  Head protection.
1918.104  Foot protection.
1918.105  Other protective measures.

Appendix I--Cargo Gear Register and Certificates (Non-mandatory)
Appendix II--Tables for Selected Miscellaneous Auxiliary Gear 
(Mandatory)
Appendix III--The Mechanics of Conventional Cargo Gear (Non-
mandatory)
Appendix IV--Special Cargo Gear (Mandatory)
Appendix V--Basic Elements of a First Aid Training Program (Non-
Mandatory)

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 
et seq.; Service Contract Act of 1965, 41 U.S.C. 351 et seq.; Sec. 
107, Contract Work Hours and Safety Standards Act (Construction 
Safety Act), 40 U.S.C. 333; Sec. 41, Longshore and Harbor Workers' 
Compensation Act, 33 U.S.C. 941; National Foundation of Arts and 
Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order 
No. 6-96 (62 FR 111).

Subpart A--Scope and Definitions


Sec. 1918.1  Scope and application.

    (a) The regulations of this part apply to longshoring operations 
and related employments aboard vessels. All cargo transfer accomplished 
with the use of shore-based material handling devices is covered by 
part 1917 of this chapter.
    (b) Part 1910 of this chapter does not apply to longshoring except 
for the following provisions:
    (1) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (2) Commercial diving operations. Subpart T;
    (3) Electrical. Subpart S when shore-based electrical installations 
provide power for use aboard vessels;
    (4) Hazard communication. Subpart Z, Sec. 1910.1200;
    (5) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (6) Noise. Subpart G, Sec. 1910.95;
    (7) Nonionizing radiation. Subpart G, Sec. 1910.97;

    Note to paragraph (b)(7): Exposures to nonionizing radiation 
emissions from commercial vessel radar transmitters are considered 
hazardous under the following situations: (a) where the radar is 
transmitting, the scanner is stationary, and the exposure distance 
is 19 feet (6 m) or less; or (b) where the radar is transmitting, 
the scanner is rotating, and the exposure distance is 5 feet (1.8 
m.) or less.

    (8) Respiratory protection. Subpart I, Sec. 1910.134; and
    (9) Toxic and hazardous substances. Subpart Z applies to marine 
cargo

[[Page 40203]]

handling activities except for the following:
    (i) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements;\1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with 
the international legal requirements of the International Convention 
for the Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (ii) Bloodborne pathogens, Sec. 1910.1030;
    (iii) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94(a)); and
    (iv) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94(f)).


Sec. 1918.2  Definitions.

    Barge means an unpowered, flatbottomed, shallow draft vessel 
including river barges, scows, carfloats, and lighters. It does not 
include ship shaped or deep draft barges.
    Bulling means the horizontal dragging of cargo across a surface 
with none of the weight of the cargo supported by the fall.
    Danger zone means any place in or about a machine or piece of 
equipment where an employee may be struck by or caught between moving 
parts, caught between moving and stationary objects or parts of the 
machine, caught between the material and a moving part of the machine, 
burned by hot surfaces or exposed to electric shock. Examples of danger 
zones are nip and shear points, shear lines, drive mechanisms, and 
areas underneath counterweights.
    Designated person means a person who possesses specialized 
abilities in a specific area and is assigned by the employer to do a 
specific task in that area.
    Dockboards (car and bridge plates) mean devices for spanning short 
distances between, for example, two barges, that is not higher than 
four feet (1.2 m) above the water or next lower level.
    Employee means any longshore worker or other person engaged in 
longshoring operations or related employments other than the master, 
ship's officers, crew of the vessel, or any person engaged by the 
master to load or unload any vessel of less than 18 net tons.
    Employer means a person that employs employees in longshoring 
operations or related employments, as defined in this section.
    Enclosed space means an interior space in or on a vessel that may 
contain or accumulate a hazardous atmosphere due to inadequate natural 
ventilation. Examples of enclosed spaces are holds, deep tanks and 
refrigerated compartments.
    Fall hazard means the following situations:
    (1) Whenever employees are working within three feet (.9 m) of the 
unprotected edge of a work surface that is 8 feet or more (2.4 m) above 
the adjoining surface and twelve inches (.3 m) or more, horizontally, 
from the adjacent surface; or
    (2) Whenever weather conditions may impair the vision or sound 
footing of employees working on top of containers.
    Fumigant is a substance or mixture of substances, used to kill 
pests or prevent infestation, that is a gas or is rapidly or 
progressively transformed to the gaseous state, although some 
nongaseous or particulate matter may remain and be dispersed in the 
treatment space.
    Gangway means any ramp-like or stair-like means of access provided 
to enable personnel to board or leave a vessel, including accommodation 
ladders, gangplanks and brows.
    Hatch beam or strongback mean a portable transverse or longitudinal 
beam placed across a hatchway that acts as a bearer to support the 
hatch covers.
    Hazardous cargo, materials, substance or atmosphere means:
    (1) Any substance listed in 29 CFR part 1910, subpart Z;
    (2) Any material in the Hazardous Materials Table and Hazardous 
Materials Communications Regulations of the Department of 
Transportation, 49 CFR part 172;
    (3) Any article not properly described by a name in the Hazardous 
Materials Table and Hazardous Materials Communication Regulations of 
the Department of Transportation, 49 CFR part 172, but which is 
properly classified under the definitions of those categories of 
dangerous articles given in 49 CFR part 173; or
    (4) Any atmosphere with an oxygen content of less than 19.5 percent 
or greater than 23 percent.
    Intermodal container means a reusable cargo container of a rigid 
construction and rectangular configuration; fitted with devices 
permitting its ready handling, particularly its transfer from one mode 
of transport to another; so designed to be readily filled and emptied; 
intended to contain one or more articles of cargo or bulk commodities 
for transportation by water and one or more other transport modes. The 
term includes completely enclosed units, open top units, fractional 
height units, units incorporating liquid or gas tanks and other 
variations fitting into the container system. It does not include 
cylinders, drums, crates, cases, cartons, packages, sacks, unitized 
loads or any other form of packaging.
    Longshoring operations means the loading, unloading, moving or 
handling of cargo, ship's stores, gear, or any other materials, into, 
in, on, or out of any vessel.
    Mississippi River System includes the Mississippi River from the 
head of navigation to its mouth, and navigable tributaries including 
the Illinois Waterway, Missouri River, Ohio River, Tennessee River, 
Allegheny River, Cumberland River, Green River, Kanawha River, 
Monongahela River, and such others to which barge operations extend.
    Public vessel means a vessel owned and operated by a government and 
not regularly employed in merchant service.
    Ramp means other flat surface devices for passage between levels 
and across openings not covered under the term dockboards.
    Related employments means any employments performed incidental to 
or in conjunction with longshoring operations, including, but not 
restricted to, securing cargo, rigging, and employment as a porter, 
clerk, checker, or security officer.
    River towboat means a shallow draft, low freeboard, self-propelled 
vessel designed to tow river barges by pushing ahead. It does not 
include other towing vessels.
    Small trimming hatch means a small hatch or opening, pierced in the 
between deck or other intermediate deck of a vessel, and intended for 
the trimming of dry bulk cargoes. It does not refer to the large 
hatchways through which cargo is normally handled.
    Vessel includes every description of watercraft or other artificial 
contrivance used or capable of being used for transportation on water, 
including special purpose floating structures not primarily designed 
for or used for transportation on water.
    Vessel's cargo handling gear includes that gear that is a permanent 
part of the vessel's equipment and used for the handling of cargo other 
than bulk liquids. The term covers all stationary or mobile cargo 
handling appliances used on board ship for suspending, raising or 
lowering loads or moving them from one position to another while 
suspended or supported. This includes, but is not limited to, cargo 
elevators, forklifts, and other powered industrial equipment. It does 
not include gear used only for handling or holding hoses, handling 
ship's stores or handling the gangway, or boom conveyor belt systems 
for the self-unloading of bulk cargo vessels.

[[Page 40204]]

Sec. 1918.3  Incorporation by reference.

    (a) (1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e. 
provisions containing the word ``shall'' or other mandatory language) 
of standards incorporated by reference are adopted as standards under 
the Occupational Safety and Health Act.
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection at the national office of the Occupational Safety and Health 
Administration, U.S. Department of Labor, Washington, DC 20210.
    (3) The materials listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as they 
exist on the date of the approval, and a notice of any change in these 
materials will be published in the Federal Register. These 
incorporations by reference (IBRs) were approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (4) Copies of the following standards that are issued by the 
respective private standards organizations may be obtained from the 
issuing organizations. The materials are available for purchase at the 
corresponding addresses of the private standards organizations noted in 
paragraph (b) of this section. In addition, all are available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington DC, and through the OSHA Docket 
Office, room N2625, U.S. Department of Labor, 200 Constitution Ave., 
Washington, DC 20210, or any of OSHA's regional offices.
    (b) The following material is available for purchase from the 
American National Standards Institute (ANSI), 11 West 42nd St., New 
York, NY 10036:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; 
IBR approved for Sec. 1918.24(g)(1).
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal 
Ladders; IBR approved for Sec. 1918.24(g)(2).
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders; IBR approved for Sec. 1918.24(g)(3).
    (4) ANSI Z-87.1-1989, Practice for Occupational and Educational Eye 
and Face Protection; IBR approved for Sec. 1918.101(a)(1).
    (5) ANSI Z-89.1-1986, Personnel Protection-Protective Headwear for 
Industrial Workers-Requirements; IBR approved for Sec. 1918.103(b).
    (6) ANSI Z-41-1991, American National Standard for Personal 
Protection-Protective Footwear; IBR approved for Sec. 1918.104(b).

Subpart B--Gear Certification


Sec. 1918.11  Gear certification (See also Secs. 1918.2, definition of 
``Vessel's cargo handling gear'' and 1918.51).

    (a) The employer shall not use the vessel's cargo handling gear 
until it has been ascertained that the vessel has a current and valid 
cargo gear register and certificates that in form and content are in 
accordance with the recommendations of the International Labor Office, 
as set forth in Appendix I of this part, and as provided by 
International Labor Organization Convention No. 152, and that shows 
that the cargo gear has been tested, examined and heat treated by or 
under the supervision of persons or organizations defined as competent 
to make register entries and issue certificates pursuant to paragraphs 
(b) and (c) of this section.
    (1) Annual thorough examinations under ILO 152 are required after 
July 27, 1998.
    (2) Testing under ILO 152 is required after July 16, 2001.
    (3) In the interim period(s), prior to the effective dates noted in 
paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear 
register according to ILO 32 are deemed to meet the requirements of 
this paragraph (a).
    (b) Public vessels and vessels holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 
are deemed to meet the requirements of paragraph (a) of this section.
    (c) With respect to U.S. vessels not holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard, entries in the registers and 
the issuance of certificates required by paragraph (a) of this section 
shall be made only by competent persons currently accredited by the 
U.S. Department of Labor (OSHA) for full function vessels or loose gear 
and wire rope testing, as appropriate, as provided in part 1919 of this 
chapter.
    (d) With respect to vessels under foreign registries, persons or 
organizations competent to make entries in the registers and issue the 
certificates required by paragraph (a) of this section shall be:
    (1) Those acceptable as such to any foreign nation;
    (2) Those acceptable to the Commandant of the U.S. Coast Guard; or
    (3) Those currently accredited by the U.S. Department of Labor 
(OSHA), for full function vessels or loose gear and wire rope testing, 
as appropriate and as provided in part 1919 of this chapter.

Subpart C--Gangways and Other Means of Access


Sec. 1918.21  General requirements.

    The employer shall not permit employees to board or leave any 
vessel, except a barge or river towboat, until all of the applicable 
requirements of this subpart have been met.
    (a) If possible, the vessel's means of access shall be located so 
that suspended loads do not pass over it. In any event, suspended loads 
shall not be passed over the means of access while employees or others 
are on it.
    (b) When the upper end of the means of access rests on or is flush 
with the top of the bulwark, substantial steps, properly secured, 
trimmed and equipped with at least one substantial handrail, 33 inches 
(.84 m) in height, shall be provided between the top of the bulwark and 
the deck.
    (c) The means of access shall be illuminated for its full length in 
accordance with Sec. 1918.92.\2\
---------------------------------------------------------------------------

    \2\ Sec. 1918.92 requires, along with other requirements, an 
average light intensity of five foot-candles (54 lux).
---------------------------------------------------------------------------


Sec. 1918.22  Gangways.

    (a) Whenever practicable, a gangway of not less than 20 inches (.51 
m) in width, of adequate strength, maintained in safe repair and safely 
secured shall be used. If a gangway is not practicable, a straight 
ladder meeting the requirements of Sec. 1918.24 that extends at least 
36 inches (.91 m) above the upper landing surface and is secured 
against shifting or slipping shall be provided. When conditions are 
such that neither a gangway nor straight ladder can be used, a Jacob's 
ladder meeting the requirements of Sec. 1918.23 may be used.
    (b) Each side of the gangway, and the turntable, if used, shall 
have a hand rail with a minimum height of 33 inches (.84 m) measured 
perpendicularly from rail to walking surfaces at the stanchion, with a 
midrail. Rails shall be of wood, pipe, chain, wire, rope or materials 
of equivalent strength and shall be kept taut always. Portable 
stanchions supporting railings shall be supported or secured to prevent 
accidental dislodgement.
    (c) The gangway shall be kept properly trimmed.
    (d) When a fixed flat tread accommodation ladder is used, and the 
angle is low enough to require employees to walk on the edge of the

[[Page 40205]]

treads, cleated duckboards shall be laid over and secured to the 
ladder.
    (e) When the gangway overhangs the water so that there is danger of 
employees falling between the ship and the dock, a net or suitable 
protection shall be provided to prevent employees from receiving 
serious injury from falls to a lower level.
    (f) If the foot of a gangway is more than one foot (.30 m) away 
from the edge of the apron, the space between them shall be bridged by 
a firm walkway equipped with a hand rail with a minimum height of 
approximately 33 inches (.84 m) with midrails on both sides.
    (g) Gangways shall be kept clear of supporting bridles and other 
obstructions, to provide unobstructed passage. If, because of design, 
the gangway bridle cannot be moved to provide unobstructed passage, 
then the hazard shall be properly marked to alert employees of the 
danger.
    (h) Obstructions shall not be laid on or across the gangway.
    (i) Handrails and walking surfaces of gangways shall be maintained 
in a safe condition to prevent employees from slipping or falling.
    (j) Gangways on vessels inspected and certificated by the U.S. 
Coast Guard are deemed to meet the requirements of this section.


Sec. 1918.23  Jacob's ladders.

    (a) Jacob's ladders shall be of the double rung or flat tread type. 
They shall be well maintained and properly secured.
    (b) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.
    (c) When a Jacob's ladder is used as the means of access to a barge 
being worked, spacers (bumpers) shall be hung between the vessel, 
barge, or other structure to which the barge is tied alongside, or 
other equally effective means shall be provided to prevent damage to 
the bottom rungs of the ladder.
    (d) When a Jacob's ladder is being used so that there is a danger 
of an employee falling or being crushed between the vessel, barge, or 
other structure (pier), suitable protection shall be provided.


Sec. 1918.24  Fixed and portable ladders.

    (a) There shall be at least one safe and accessible ladder for each 
gang working in a single hatch. An effective means of gaining a 
handhold shall be provided at or near the head of each vertical fixed 
ladder. No more than two ladders are required in any hatch regardless 
of the number of gangs present.
    (b) When any fixed ladder is visibly unsafe (or known to be 
unsafe), the employer shall identify such ladder and prohibit its use 
by employees.
    (c) Where portable straight ladders are used, they shall be of 
sufficient length to extend three feet (.91 m) above the upper landing 
surface, and be positively secured or held against shifting or 
slipping. When conditions are such that a straight ladder cannot be 
used, Jacob's ladders meeting the requirements of Sec. 1918.23 may be 
used.
    (d) For vessels built after July 16, 2001, when six inches (15.2 
cm) or more clearance does not exist behind the rungs of a fixed 
ladder, the ladder shall be deemed ``unsafe'' for the purposes of this 
section. Alternate means of access (for example, a portable ladder) 
must be used.
    (e)(1) Where access to or from a stowed deckload or other cargo is 
needed and no other safe means is available, ladders or steps of 
adequate strength shall be furnished and positively secured or held 
against shifting or slipping while in use. Steps formed by the cargo 
itself are acceptable when the employer demonstrates that the nature of 
the cargo and the type of stowage provides equivalent safe access.
    (2) Where portable straight ladders are used they shall be of 
sufficient length to extend at least three feet (.91 m) above the upper 
landing surface.
    (f) The following standards for existing manufactured portable 
ladders must be met:
    (1) Rungs of manufactured portable ladders obtained before January 
21, 1998 shall be capable of supporting a 200-pound (890 N) load 
without deformation.
    (2) Rungs shall be evenly spaced from nine to sixteen and one-half 
inches (22.9 to 41.9 cm), center to center.
    (3) Rungs shall be continuous members between rails. Each rung of a 
double-rung ladder (two side rails and a center rail) shall extend the 
full width of the ladder.
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30 cm) for ladders 10 feet (3.05 m) or less in overall 
length, and shall increase at least one-fourth inch (0.6 cm) for each 
additional two feet (0.61 m) of ladder length.
    (g) Portable manufactured ladders obtained after January 21, 1998 
shall bear identification showing that they meet the appropriate ladder 
construction requirements of the following standards:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal 
Ladders;
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders.
    (h) Job-made ladders shall:
    (1) Have a uniform distance between rungs of at least 12 inches (30 
cm) center to center;
    (2) Be capable of supporting a 250-pound (1100 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30 cm) 
for ladders 10 feet (3.05 m) or less in height. Width between rails 
shall increase at least one-fourth inch (0.6 cm) for each additional 
two feet (0.61 m) of ladder length.
    (i) The employer shall:
    (1) Maintain portable ladders in safe condition. Ladders with the 
following defects shall not be used, and shall either be tagged as 
unusable if kept on board, or shall be removed from the vessel:
    (i) Broken, split or missing rungs, cleats or steps;
    (ii) Broken or split side rails;
    (iii) Missing or loose bolts, rivets or fastenings;
    (iv) Defective ropes; or
    (v) Any other structural defect.
    (2) Ladders shall be inspected for defects before each day's use, 
and after any occurrence, such as a fall, which could damage the 
ladder.
    (j) Ladders shall be used in the following manner:
    (1) Ladders shall be securely positioned on a level and firm base.
    (2) Ladders shall be fitted with slip-resistant bases and/or be 
positively secured or held in place to prevent slipping or shifting 
while in use.
    (3) Except for combination ladders, self-supporting ladders shall 
not be used as single straight ladders.
    (4) Unless intended for cantilever operation, non-self-supporting 
ladders shall not be used to climb above the top support point.
    (5) Ladders shall not be used:
    (i) As guys, braces or skids; or
    (ii) As platforms, runways or scaffolds.
    (6) Metal and wire-reinforced ladders (even with wooden side rails) 
shall not be used when employees on the ladder might contact energized 
electrical conductors.
    (7) Individual sections from different multi-sectional ladders or 
two or more single straight ladders shall not be tied or fastened 
together to achieve additional length.
    (8) Single rail ladders (i.e. made by fastening rungs or devices 
across a single rail) shall not be used.

[[Page 40206]]

Sec. 1918.25  Bridge plates and ramps (See also Sec. 1918.86).

    (a) Bridge and car plates (dockboards). Bridge and car plates used 
afloat shall be well maintained and shall:
    (1) Be strong enough to support the loads imposed on them;
    (2) Be secured or equipped with devices to prevent their 
dislodgement;
    (3) Be equipped with hand holds or other effective means to permit 
safe handling; and
    (4) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge.\3\
---------------------------------------------------------------------------

    \3\ When the gap to be bridged is greater than 36 inches (.91m), 
an acceptalbe means of preventing vehicles from running off the edge 
is a minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

    (b) Portable ramps. Portable ramps used afloat shall be well 
maintained and shall:
    (1) Be strong enough to support the loads imposed on them;
    (2) Be equipped with a railing meeting the requirements of 
Sec. 1918.21(b), if the slope is more than 20 degrees to the horizontal 
or if employees could fall more than four feet (1.2 m);
    (3) Be equipped with a slip resistant surface;
    (4) Be properly secured; and
    (5) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge.\4\
---------------------------------------------------------------------------

    \4\ When the gap to be bridged is greater than 36 inches (.91m), 
an acceptable means of preventing vehicles from running off the edge 
is a minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------


Sec. 1918.26  Access to barges and river towboats.

    (a) With the exception of Sec. 1918.25(b)(2), ramps used solely for 
vehicle access to or between barges shall meet the requirements of 
Sec. 1918.25.
    (b) When employees cannot step safely to or from the wharf and a 
float, barge, or river towboat, either a ramp meeting the requirements 
of paragraph (a) of this section or a safe walkway meeting the 
requirements of Sec. 1918.22(f) shall be provided. When a ramp or 
walkway cannot be used, a straight ladder meeting the requirements of 
Sec. 1918.24 and extending at least three feet (.91 m) above the upper 
landing surface and adequately secured or held against shifting or 
slipping shall be provided. When neither a walkway nor a straight 
ladder can be used, a Jacob's ladder meeting the requirements of 
Sec. 1918.23 shall be provided. Exception: For barges operating on the 
Mississippi River System, where the employer shows that these 
requirements cannot reasonably be met due to local conditions, other 
safe means of access shall be provided.
    (c) When a barge or raft is being worked alongside a larger vessel, 
a Jacob's ladder meeting the requirements of Sec. 1918.23 shall be 
provided for each gang working alongside unless other safe means of 
access is provided. However, no more than two Jacob's ladders are 
required for any single barge or raft being worked.
    (d) When longshoring operations are in progress on barges, the 
barges shall be securely made fast to the vessel, wharf, or dolphins.

Subpart D--Working Surfaces


Sec. 1918.31  Hatch coverings.

    (a) No cargo, dunnage, or other material shall be loaded or 
unloaded by means requiring the services of employees at any partially 
opened intermediate deck unless either the hatch at that deck is 
sufficiently covered or an adequate landing area suitable for the 
prevailing conditions exists. In no event shall such work be done 
unless the working area available for such employees extends for a 
distance of 10 feet (3.05 m) or more fore and aft and athwartships.
    (b) Cargo shall not be landed on or handled over a covered hatch or 
`tween-decks unless all hatch beams are in place under the hatch 
covers.
    (c) Missing, broken, or poorly fitting hatch covers that would not 
protect employees shall be reported at once to the officer in charge of 
the vessel. Pending replacement or repairs by the vessel, work shall 
not be performed in the section containing the unsafe covers or in 
adjacent sections unless the flooring is made safe.
    (d) Hatch covers and hatch beams not of uniform size shall be 
placed only in the hatch, deck, and section in which they fit properly.
    (e) Small trimming hatches in intermediate decks shall be securely 
covered or guarded while work is going on in the hatch in which they 
are found, unless they are actually in use.


Sec. 1918.32  Stowed cargo and temporary landing surfaces.

    (a) Temporary surfaces on which loads are to be landed shall be of 
sufficient size and strength to permit employees to work safely.
    (b) When the edge of a hatch section or of stowed cargo may 
constitute a fall hazard to an employee, the edge shall be guarded by a 
vertical safety net, or other means providing equal protection, to 
prevent an employee from falling. When the employer can demonstrate 
that vertical nets or other equally effective means of guarding cannot 
be used due to the type of cargo, cargo stowage, or other 
circumstances, a trapeze net shall be rigged at the top edge of the 
elevation or other means shall be taken to prevent injury if an 
employee falls. Safety nets shall be maintained in good condition and 
be of adequate strength for the purpose intended.
    (c) When two gangs are working in the same hatch on different 
levels, a vertical safety net shall be rigged and securely fastened to 
prevent employees or cargo from falling. Safety nets shall be 
maintained in good condition and be of adequate strength for the 
purpose intended.


Sec. 1918.33  Deck loads.

    (a) Employees shall not be permitted to pass over or around deck 
loads unless there is a safe route of passage.
    (b) Employees giving signals to crane operators shall not be 
permitted to walk over deck loads from rail to coaming unless there is 
a safe route of passage. If it is necessary to stand or walk at the 
outboard or inboard edge of the deck load having less than 24 inches 
(.61 m) of bulwark, rail, coaming, or other protection, those employees 
shall be provided with protection against falling from the deck load.


Sec. 1918.34  Other decks.

    (a) Cargo shall not be worked on decks that were not designed to 
support the load being worked.
    (b) Grated decks shall be properly placed, supported, maintained 
and designed to support employees.


Sec. 1918.35  Open hatches.

    Open weather deck hatches around which employees must work that are 
not protected to a height of 24 inches (.61 m) by coamings shall be 
guarded by taut lines or barricades at a height of 36 to 42 inches (.91 
to 1.07 m) above the deck, except on the side on which cargo is being 
worked. Any portable stanchions or uprights used shall be supported or 
secured to prevent accidental dislodgement.


Sec. 1918.36  Weather deck rails.

    Removable weather deck rails shall be kept in place except when 
cargo operations require them to be removed, in which case they shall 
be replaced as soon as such cargo operations are completed.


Sec. 1918.37  Barges.

    (a) Walking shall be prohibited along the sides of covered lighters 
or barges with coamings or cargo more than five feet (1.5 m) high 
unless a three-foot (.91 m) clear walkway or a grab rail or taut 
handline is provided.
    (b) Walking or working shall be prohibited on the decks of barges 
to be

[[Page 40207]]

loaded unless the walking or working surfaces have been determined by 
visual inspection to be structurally sound and maintained properly. If, 
while discharging a barge, an unsound deck surface is discovered, work 
shall be discontinued and shall not be resumed until means have been 
taken to ensure a safe work surface.

Subpart E--Opening and Closing Hatches


Sec. 1918.41  Coaming clearances.

    (a) Weather decks. If a deck load (such as lumber or other smooth 
sided deck cargo) more than five feet (1.5 m) high is stowed within 
three feet (.91 m) of the hatch coaming and employees handling hatch 
beams and hatch covers are not protected by a coaming at least 24-inch 
(.61 m) high, a taut handline shall be provided along the side of the 
deckload. The requirements of Sec. 1918.35 are not intended to apply in 
this situation.
    (b) Intermediate decks. (1) There shall be a three-foot (.91 m) 
working space between the stowed cargo and the coaming at both sides 
and at one end of the hatches with athwartship hatch beams, and at both 
ends of those hatches with fore and aft hatch beams, before 
intermediate deck hatch covers and hatch beams are removed or replaced. 
Exception: The three-foot (.91 m) clearance is not required on the 
covered portion of a partially open hatch, nor is it required when 
lower decks have been filled to hatch beam height with cargo of such a 
nature as to provide a safe surface upon which employees may work.
    (2) For purposes of paragraph (b)(1) of this section, fitted 
gratings that are in good condition shall be considered a part of the 
decking when properly placed within the three-foot (.91 m) area.
    (c) Grab rails or taut handlines shall be provided for the 
protection of employees handling hatch beams and hatch covers, when 
bulkheads, lockers, reefer compartments or large spare parts are within 
three feet (.91 m) of the coaming.
    (d) The clearances in this section do not apply to hatches opened 
or closed solely by hydraulic or other mechanical means; except that, 
in all cases in which the three-foot (.91 m) clearance does not exist, 
cargo that is stowed within three feet (.91 m) of the edge of the hatch 
shall be adequately secured to prevent cargo from falling into the 
hold.


Sec. 1918.42  Hatch beam and pontoon bridles.

    (a) Hatch beam and pontoon bridles shall be:
    (1) Long enough to reach the holes, rings, or other lifting 
attachments on the hatch beams and pontoons easily;
    (2) Of adequate strength to lift the load safely; and
    (3) Properly maintained, including covering or blunting of 
protruding ends in wire rope splices.
    (b) Bridles for lifting hatch beams shall be equipped with toggles, 
shackles, or hooks, or other devices of such design that they cannot 
become accidentally dislodged from the hatch beams with which they are 
used. Hooks other than those described in this section may be used only 
when they are hooked into the standing part of the bridle. Toggles, 
when used, shall be at least one inch (2.5 cm) longer than twice the 
largest diameter of the holes into which they are placed.
    (c) Bridles used for lifting pontoons and plugs shall have the 
number of legs required by the design of the pontoon or plug, and all 
of which shall be used. Where any use of a bridle requires fewer than 
the number of legs provided, idle legs shall be hung on the hook or 
ring, or otherwise prevented from swinging free.
    (d) At least two legs of all strongback and pontoon bridles shall 
be equipped with a lanyard at least eight feet (2.4 m) long and in good 
condition. The bridle end of the lanyard shall be of chain or wire.


Sec. 1918.43  Handling hatch beams and covers.

    Paragraphs (f)(2), (g), and (h) of this section apply only to 
folding, sliding, or hinged metal hatch covers or to those hatch covers 
handled by cranes.
    (a) (1) When hatch covers or pontoons are stowed on the weather 
deck abreast of hatches, they shall be arranged in stable piles not 
closer to the hatch coaming than three feet (.91 m). Exception: On the 
working side of the hatch, hatch covers or pontoons may be spread one 
high between the coaming and bulwark with no space between them, 
provided the height of the hatch coaming is no less than 24 inches (.61 
m). Under no circumstances shall hatch covers or pontoons be stacked 
higher than the hatch coaming or bulwark on the working side of the 
hatch.
    (2) On seagoing vessels, hatch boards or similar covers removed 
from the hatch beams in a section of partially opened hatch during 
cargo handling, cleaning or other operations shall not be stowed on the 
boards or covers left in place within that section.
    (b) Hatch beams shall be laid on their sides, or stood on an edge 
close together and lashed. Exception: This paragraph (b) shall not 
apply in cases where hatch beams are of such design that:
    (1) The width of the flange is 50 percent or more of the height of 
the web; and
    (2) The flange rests flat on the deck when the hatch beam is stood 
upright.
    (c) Strongbacks, hatch covers, and pontoons removed from hatch 
openings and placed on the weather deck shall not obstruct clear fore-
and-aft or coaming-to-bulwark passageways and shall be lashed or 
otherwise secured to prevent accidental dislodgement. Dunnage or other 
suitable material shall be used under and between tiers of strongbacks 
and pontoons to prevent them from sliding when stowed on steel decks.
    (d) Hatch covers unshipped in an intermediate deck shall be placed 
at least three feet (.91 m) from the coaming or they shall be removed 
to another deck. Strongbacks unshipped in an intermediate deck shall 
not be placed closer than six inches (15.2 cm) from the coaming and, if 
placed closer than three feet (.91 m), shall be secured so that they 
cannot be tipped or dragged into a lower compartment. If such placement 
or securement is not possible, strongbacks shall be removed to another 
deck.
    (e) Any hatch beam or pontoon left in place next to an open hatch 
section being worked shall be locked or otherwise secured, so that it 
cannot be accidentally displaced. All portable, manually handled hatch 
covers, including those bound together to make a larger cover, shall be 
removed from any working section, and adjacent sections, unless 
securely lashed.
    (f)(1) The roller hatch beam at the edge of the open section of the 
hatch shall be lashed or pinned back so that it cannot be moved toward 
the open section.
    (2) Rolling, sectional or telescopic hatch covers of barges that 
open in a fore and aft direction shall be secured against unintentional 
movement while in the open position.
    (g) Hinged or folding hatch covers normally stowed in an 
approximately vertical position shall be positively secured when in the 
upright position, unless the design of the system otherwise prevents 
unintentional movement.
    (h) Hatches shall not be opened or closed while employees are in 
the square of the hatch below.
    (i) All materials such as dunnage, lashings, twist locks, or 
stacking cones shall be removed from the hatch cover or be secured to 
prevent them from falling off the cover before the hatch cover is 
moved.

[[Page 40208]]

    (j) When a hatch is to be covered, hatch covers or night tents 
shall be used. Any covering that only partially covers the hatch, such 
as alternate hatch covers or strips of dunnage, shall not be covered by 
a tarpaulin. Exception: A tarpaulin may be used to cover an open or 
partially open hatch to reduce dust emissions during bulk cargo loading 
operations, if positive means are taken to prevent employees from 
walking on the tarpaulin.

Subpart F--Vessel's Cargo Handling Gear


Sec. 1918.51  General requirements (See also Sec. 1918.11 and Appendix 
III of this part).

    (a) The safe working load specified in the cargo gear certification 
papers or marked on the booms shall not be exceeded. Any limitations 
imposed by the certificating authority shall be followed.
    (b) All components of cargo handling gear, including tent gantlines 
and associated rigging, shall be inspected by the employer or a 
designated person before each use and at appropriate intervals during 
use. Any gear that is found unsafe shall not be used until it is made 
safe.
    (c) The employer shall determine the load ratings shown on the 
vessel's wire rope certificates for all wire rope and wire rope slings 
comprising part of ship's gear and shall observe these load ratings.
    (d) The following limitations shall apply to the use of wire rope 
as a part of the ship's cargo handling gear:
    (1) Eye splices in wire ropes shall have at least three tucks with 
a whole strand of the rope and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections that the 
employer demonstrates will provide the same level of safety may be 
used;
    (2) Except for eye splices in the ends of wires, each wire rope 
used in hoisting or lowering, in guying derricks, or as a topping lift, 
preventer, segment of a multi-part preventer, or pendant, shall consist 
of one continuous piece without knot or splice; and
    (3) Wire rope or wire rope slings exhibiting any of the defects or 
conditions specified in Sec. 1918.62(b)(4) (i) through (vi) shall not 
be used.
    (e) Natural and synthetic fiber rope slings exhibiting any of the 
defects or conditions specified in Sec. 1918.62(e) (1) through (7) 
shall not be used.
    (f) Synthetic web slings exhibiting any of the defects or 
conditions specified in Sec. 1918.62(g)(2) (i) through (v) shall not be 
used.
    (g) Chains, including slings, exhibiting any of the defects or 
conditions specified in Sec. 1918.62 (h)(3) (iii), (iv), or (h)(6) 
shall not be used.


Sec. 1918.52  Specific requirements.

    (a) Preventers. (1) When preventers are used they shall be of 
sufficient strength for the intended purpose. They shall be secured to 
the head of the boom independent of working guys unless, for cast 
fittings, the strength of the fitting exceeds the total strength of all 
lines secured to it. Any tails, fittings, or other means of making the 
preventers fast on the deck shall provide strength equal to that of the 
preventer itself.
    (2) Wire rope clips or knots shall not be used to form eyes in, nor 
to join sections of, preventer guys.
    (b) Stoppers. (1) Chain topping lift stoppers shall be in good 
condition, equipped with fiber tails, and long enough to allow not 
fewer than three half-hitches in the chain.
    (2) Chain stoppers shall be shackled or otherwise secured so that 
their links are not bent by being passed around fittings. The point of 
attachment shall be of sufficient strength and so placed that the 
stoppers are in line with the normal topping lift lead at the time the 
stopper is applied.
    (3) Patent stoppers of the clamp type shall be appropriate for the 
size of the rope used. Clamps shall be in good condition and free of 
any substance that would prevent their being drawn tight.
    (c) Falls. (1) The end of the winch fall shall be secured to the 
drum by clamps, U-bolts, shackles, or other equally strong methods. 
Fiber rope fastenings shall not be used.
    (2) Winch falls shall not be used with fewer than three turns on 
the winch drum.
    (3) Eyes in the ends of wire rope cargo falls shall not be formed 
by knots and, in single part falls, shall not be formed by wire rope 
clips.
    (4) When the design of the winch permits, the fall shall be wound 
on the drum so that the cargo hook rises when the winch control lever 
is pulled back and lowers when the lever is pushed forward.
    (d) Heel blocks. (1) When an employee works in the bight formed by 
the heel block, a preventer at least three-quarters of an inch (1.9 cm) 
diameter wire rope shall be securely rigged, or equally effective means 
shall be taken, to hold the block and fall if the heel block 
attachments fail. Where physical limitations prohibit the fitting of a 
wire rope preventer of the required size, two turns of a one-half inch 
(1.3 cm) diameter wire rope shall be sufficient.
    (2) If the heel block is not so rigged as to prevent its falling 
when not under strain, it shall be secured to prevent alternate raising 
and dropping of the block. This requirement shall not apply when the 
heel block is at least 10 feet (3.0 m) above the deck when at its 
lowest point.
    (e) Coaming rollers. Portable coaming rollers shall be secured by 
wire preventers in addition to the regular coaming clamps.
    (f) Cargo hooks. Cargo hooks shall be as close to the junction of 
the falls as the assembly permits, but never farther than two feet (.61 
m) from it. Exception: This provision shall not apply when the 
construction of the vessel and the operation in progress are such that 
fall angles are greater than 120 degrees. Overhaul chains shall not be 
shortened by bolting or knotting.


Sec. 1918.53  Cargo winches.

    (a) Moving parts of winches and other deck machinery shall be 
guarded.
    (b) Winches shall not be used if control levers operate with 
excessive friction or excessive play.
    (c) Double gear winches or other winches equipped with a clutch 
shall not be used unless a positive means of locking the gear shift is 
provided.
    (d) There shall be no load other than the fall and cargo hook 
assembly on the winch when changing gears on a two-gear winch.
    (e) Any defect or malfunction of winches that could endanger 
employees shall be reported immediately to the officer in charge of the 
vessel, and the winch shall not be used until the defect or malfunction 
is corrected.
    (f) Temporary seats and shelters for winch drivers that create a 
hazard to the winch operator or other employees shall not be used.
    (g) Except for short handles on wheel type controls, winch drivers 
shall not be permitted to use winch control extension levers unless 
they are provided by either the ship or the employer. Such levers shall 
be of adequate strength and securely fastened with metal connections at 
the fulcrum and at the permanent control lever.
    (h) Extension control levers that tend to fall due to their own 
weight shall be counterbalanced.
    (i) Winch brakes shall be monitored during use. If winch brakes are 
unable to hold the load, the winch shall be removed from service.
    (j) Winches shall not be used when one or more control points, 
either hoisting or lowering, are not operating properly. Only 
authorized personnel shall adjust control systems.
    (k) When winches are left unattended, control levers shall be 
placed in the neutral position and the power shall be shut off or 
control levers shall be locked at the winch or the operating controls.

[[Page 40209]]

Sec. 1918.54  Rigging gear.

    (a) Guy and preventer placement. Each guy or preventer shall be 
placed to prevent it from making contact with any other guy, preventer, 
or stay.
    (b) Guys. When alternate positions for securing guys are provided, 
the guys shall be so placed as to produce a minimum stress and not 
permit the boom to jackknife.
    (c) Boom placement. The head of the midship boom shall be spotted 
no farther outboard of the coaming than is necessary for control of the 
load.
    (d) Preventers. (1) Preventers shall be properly secured to 
suitable fittings other than those to which the guys are secured, and 
shall be as nearly parallel to the guys as the fittings will permit.
    (2) Unless the cleat is also a chock and the hauling part is led 
through the chock opening, the leads of preventers to cleats shall be 
such that the direction of the line pull of the preventer is as 
parallel as possible to the plane of the surface on which the cleat is 
mounted.
    (3) Guys and associated preventers shall be adjusted to share the 
load as equally as possible where cargo operations are being conducted 
by burtoning. Exception: Where guys are designed and intended for 
trimming purposes only, and the preventer is intended to do the 
function of the guy, the guy may be left slack.
    (e) Cargo falls. Cargo falls under load shall not be permitted to 
chafe on any standing or other running rigging. Exception: Rigging 
shall not be construed to mean hatch coamings or other similar 
structural parts of the vessel.
    (f) Bull wire. (1) Where a bull wire is taken to a gypsy head for 
lowering or topping a boom, the bull wire shall be secured to the gypsy 
head by shackle or other equally strong method. Securing by fiber rope 
fastening does not meet this requirement.
    (2) When, in lowering or topping a boom, it is not possible to 
secure the bull wire to the gypsy head, or when the topping lift itself 
is taken to the gypsy head, at least five turns of wire shall be used.
    (g) Trimming and deckloads. When deck loads extend above the rail 
and there is less than 12 inches (30.48 cm) horizontal clearance 
between the edge of the deck load and the inside of the bulwark or 
rail, a pendant or other alternate device shall be provided to allow 
trimming of the gear and to prevent employees from going over the side.


Sec. 1918.55  Cranes (See also Sec. 1918.11).

    The following requirements shall apply to the use of cranes forming 
part of a vessel's permanent equipment.
    (a) Defects. Cranes with a visible or known defect that affects 
safe operation shall not be used. Defects shall be reported immediately 
to the officer in charge of the vessel.
    (b) Operator's station. (1) Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent) that impairs operator 
visibility shall not be used.
    (2) Clothing, tools and equipment shall be stored so as not to 
interfere with access, operation or the operator's view.
    (c) Cargo operations. (1) Accessible areas within the swing radius 
of the body of a revolving crane or within the travel of a shipboard 
gantry crane shall be physically guarded or other equally effective 
means shall be taken during operations to prevent an employee from 
being caught between the body of the crane and any fixed structure, or 
between parts of the crane. Verbal warnings to employees to avoid the 
dangerous area do not meet this requirement.
    (2) Limit switch bypass systems shall be secured during all cargo 
operations. Such bypass systems shall not be used except in an 
emergency or during non-cargo handling operations such as stowing 
cranes or derricks or performing repairs. Any time a bypass system is 
used, it shall be done only under the direction of an officer of the 
vessel.
    (3) Under all operating conditions, at least three full turns of 
rope shall remain on ungrooved drums, and two full turns on grooved 
drums.
    (4) Crane brakes shall be monitored during use. If crane brakes are 
unable to hold the load, the crane shall not be used.
    (5) Cranes shall not be used if control levers operate with 
excessive friction or excessive play.
    (6) When cranes are equipped with power down capability, there 
shall be no free fall of the gear when a load is attached.
    (7) When two or more cranes hoist a load in unison, a designated 
person shall direct the operation and instruct personnel in 
positioning, rigging of the gear and movements to be made.
    (d) Unattended cranes. When cranes are left unattended between work 
periods, Sec. 1918.66(b) (4)(i) through (v) shall apply.

Subpart G--Cargo Handling Gear and Equipment Other Than Ship's Gear


Sec. 1918.61  General (See also Appendix IV of this part).

    (a) Employer provided gear inspection. All gear and equipment 
provided by the employer shall be inspected by the employer or 
designated person before each use and, when appropriate, at intervals 
during its use, to ensure that it is safe. Any gear that is found upon 
such inspection to be unsafe shall not be used until it is made safe.
    (b) Safe working load. (1) The safe working load of gear as 
specified in Secs. 1918.61 through 1918.66 shall not be exceeded.
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.5 metric 
tons) shall have its safe working load plainly marked on it.
    (c) Gear weight markings. The weight shall be plainly marked on any 
article of stevedoring gear hoisted by ship's gear and weighing more 
than 2,000 lbs. (.91 metric tons).
    (d) Certification. The employer shall not use any material handling 
device listed in paragraphs (f) and (g) of this section until the 
device has been certificated, as evidenced by current and valid 
documents attesting to compliance with the requirements of paragraph 
(e) of this section.
    (e) Certification procedures. Each certification required by this 
section shall be performed in accordance with part 1919 of this 
chapter, by a person then currently accredited by OSHA as provided in 
that part.
    (f) Special gear. (1) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.5 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A).
    (2) Special stevedoring gear provided by the employer that has a 
SWL of five short tons (10,000 or 4.5 metric tons) or less shall be 
inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A).

                                 Table A                                
------------------------------------------------------------------------
        Safe working load                        Proof load             
------------------------------------------------------------------------
Up to 20 short tons (18.1 metric   25 percent in excess.                
 tons).                                                                 

[[Page 40210]]

                                                                        
From 20 through 50 short tons      5 short tons in excess.              
 (18.1 to 45.3 metric tons).                                            
Over 50 short tons (45.3 metric    10 percent in excess.                
 tons).                                                                 
------------------------------------------------------------------------

    (g) Every spreader that is not a part of ship's gear and is used 
for handling intermodal containers shall be inspected and tested before 
initial use to a proof load equal to 25 percent greater than its rated 
capacity. In addition, any spreader that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.
    (h) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.5 metric tons) shall be 
proof load tested according to Table A in paragraph (f) or paragraph 
(g), as applicable, of this section every four years and in accordance 
with paragraphs (d) and (e) of this section or by a designated person.
    (i) Certificates and inspection and test records attesting to the 
tests required by this section shall be available for inspection.


Sec. 1918.62  Miscellaneous auxiliary gear.

    (a) Routine inspection. (1) At the completion of each use, loose 
gear such as slings, chains, bridles, blocks and hooks shall be so 
placed as to avoid damage to the gear. Loose gear shall be inspected 
and any defects corrected before reuse.
    (2) Defective gear, as defined by the manufacturers' specifications 
(when available), shall not be used. Distorted hooks, shackles or 
similar gear shall be discarded.

    Note to paragraph (a): When manufacturers' specifications are 
not available to determine whether gear is defective, the employer 
shall use the appropriate paragraphs of this section to make these 
determinations.

    (b) Wire rope and wire rope slings. (1) The employer shall follow 
the manufacturers' recommended ratings for wire rope and wire rope 
slings provided for use aboard ship, and shall have such ratings 
available for inspection. When the manufacturer is unable to supply 
such ratings, the employer shall use the tables for wire rope and wire 
rope slings found in Appendix II to this part. A design safety factor 
of at least five shall be maintained for the common sizes of running 
wire used as falls in purchases, or in such uses as light load slings.
    (2) Wire rope with a safety factor of less than five may be used 
only as follows:
    (i) In specialized equipment, such as cranes, designed to be used 
with lesser wire rope safety factors;
    (ii) According to design factors in standing rigging applications; 
or
    (iii) For heavy lifts or other purposes for which a safety factor 
of five is not feasible and for which the employer can show that 
equivalent safety is ensured.
    (3) Wire rope or wire rope slings provided by the employer and 
having any of the following conditions shall not be used:
    (i) Ten randomly distributed broken wires in one rope lay or three 
or more broken wires in one strand in one rope lay;
    (ii) Kinking, crushing, bird caging or other damage resulting in 
distortion of the wire rope structure;
    (iii) Evidence of heat damage;
    (iv) Excessive wear or corrosion, deformation or other defect in 
the wire or attachments, including cracks in attachments;
    (v) Any indication of strand or wire slippage in end attachments; 
or
    (vi) More than one broken wire close to a socket or swaged fitting.
    (4) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted. Coverings shall be removable so that 
splices can be examined. Means used to cover or blunt ends shall not 
damage the wire.
    (5) Where wire rope clips are used to form eyes, the employer shall 
follow the manufacturers' recommendations, which shall be available for 
inspection. If ``U'' bolt clips are used and the manufacturers' 
recommendations are not available, Table 1 of Appendix II to this part 
shall be used to determine the number and spacing of clips. ``U'' bolts 
shall be applied with the ``U'' section in contact with the dead end of 
the rope.
    (6) Wire rope shall not be secured by knotting.
    (7) Eyes in wire rope bridles, slings, bull wires, or in single 
parts used for hoisting shall not be formed by wire rope clips or 
knots.
    (8) Eye splices in wire ropes shall have at least three tucks with 
a whole strand of the rope, and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections that the 
employer demonstrates to be equivalently safe may be used.
    (9) Except for eye splices in the ends of wires and endless rope 
slings, each wire rope used in hoisting or lowering, or bulling cargo, 
shall consist of one continuous piece without knot or splice.
    (c) Natural fiber rope. (1) The employer shall follow the 
manufacturers' recommended ratings for natural fiber rope and natural 
fiber rope slings provided for use aboard ship, and shall have such 
ratings available for inspection.
    (2) If the manufacturers' recommended ratings and use 
recommendations are unavailable, the employer shall use Table 2 of 
Appendix II to this part to determine safe working loads of natural 
fiber rope slings comprising part of pre-slung drafts.
    (3) Eye splices shall consist of at least three full tucks. Short 
splices shall consist of at least six tucks, three on each side of the 
centerline.
    (d) Synthetic rope. (1) The employer shall follow the 
manufacturers' ratings and use recommendations for the specific 
synthetic fiber rope and synthetic fiber rope slings provided for use 
aboard ship, and shall have such ratings available for inspection.
    (2) If the manufacturers' recommended ratings and use 
recommendations are unavailable, Tables 3A and B of Appendix II to this 
part shall be used to determine the safe working load of synthetic 
fiber rope and of synthetic rope slings that comprise this part of pre-
slung drafts.
    (3) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for natural fiber ropes of less 
than three inches (7.62 cm) in circumference, the substitute shall be 
of equal size. Where substituted for natural fiber rope of three inches 
(7.62 cm) or more in circumference, the size of the synthetic rope 
shall be determined from the formula:

C=0.6Cs2 +0.4Cm2

Where C=the required circumference of the synthetic rope in inches 
(centimeters); Cs=the circumference to the nearest one-
quarter inch (.6 cm) of a synthetic rope having a breaking strength no 
less than that of the natural rope that is required by paragraph (c) of 
this section; and Cm=the circumference of the natural rope 
in inches (centimeters) that is required by paragraph (c) of this

[[Page 40211]]

section. In making each substitution, the employer shall ascertain that 
the inherent characteristics of the synthetic fiber are suitable for 
hoisting.
    (e) Removal of natural and synthetic rope from service. Natural and 
synthetic rope having any of the following defects shall be removed 
from service:
    (1) Abnormal or excessive wear including heat and chemical damage;
    (2) Powdered fiber between strands;
    (3) Sufficient cut or broken fibers to affect the capability of the 
rope;
    (4) Variations in the size or roundness of strands;
    (5) Discolorations other than stains not associated with rope 
damage;
    (6) Rotting; or
    (7) Distortion or other damage to attached hardware.
    (f) Thimbles. Properly fitting thimbles shall be used when any rope 
is secured permanently to a ring, shackle or attachment, where 
practicable.
    (g) Synthetic web slings. (1) Slings and nets or other combinations 
of more than one piece of synthetic webbing assembled and used as a 
single unit (synthetic web slings) shall not be used to hoist loads 
greater than the sling's rated capacity.
    (2) Synthetic web slings shall be removed from service if they 
exhibit any of the following defects:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches;
    (v) Distortion or damage to fittings; or
    (vi) Display of visible warning threads or markers designed to 
indicate excessive wear or damage.
    (3) Defective synthetic web slings removed from service shall not 
be returned to service unless repaired by a sling manufacturer or an 
entity of similar competence. Each repaired sling shall be proof tested 
by the repairer to twice the sling's rated capacity before its return 
to service. The employer shall retain a certificate of the proof test 
and make it available for inspection.
    (4) Synthetic web slings provided by the employer shall only be 
used according to the manufacturers' use recommendations, which shall 
be available.
    (5) Fittings shall have a breaking strength at least equal to that 
of the sling to which they are attached and shall be free of sharp 
edges.
    (h) Chains and chain slings used for hoisting. (1) The employer 
shall follow the manufacturers' recommended ratings for safe working 
loads for the size of wrought iron and alloy steel chains and chain 
slings and shall have such ratings available for inspection. When the 
manufacturer does not provide such ratings, the employer shall use 
Table 4A of Appendix II to this part to determine safe working loads 
for alloy steel chains and chain slings only.
    (2) Proof coil steel chain, also known as common or hardware chain, 
and other chain not recommended by the manufacturer for slinging or 
hoisting shall not be used for slinging or hoisting.
    (3)(i) Sling chains, including end fastenings, shall be inspected 
for visible defects before each day's use and as often as necessary 
during use to ensure integrity of the sling.
    (ii) Thorough inspections of chains in use shall be made quarterly 
to detect wear, defective welds, deformation or increase in length or 
stretch. The month of inspection shall be shown on each chain by color 
of paint on a link or by other equally effective means.
    (iii) Chains shall be removed from service when maximum allowable 
wear, as indicated in Table 4B of Appendix II to this part, is reached 
at any point of a link.
    (iv) Chain slings shall be removed from service when stretch has 
increased the length of a measured section by more than 5 percent; when 
a link is bent, twisted or otherwise damaged; or when a link has a 
raised scarf or defective weld.
    (v) Only designated persons shall inspect chains used for slinging 
and hoisting.
    (4) Chains shall only be repaired by a designated person. Links or 
portions of a chain defective under any of the criteria of paragraph 
(h)(3)(iv) of this section shall be replaced with properly dimensioned 
links or connections of material similar to that of the original chain. 
Before repaired chains are returned to service, they shall be tested to 
the proof test load recommended by the manufacturer for the original 
chain. Tests shall be done by the manufacturer or shall be certified by 
an agency accredited for the purpose under part 1919 of this chapter. 
Test certificates shall be available for inspection.
    (5)(i) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months. Heat treatment 
certificates shall be available for inspection. Alloy chains shall not 
be annealed.
    (ii) Any part of a lifting appliance or item of loose gear 
installed after January 21, 1998 shall not be manufactured of wrought 
iron.
    (6) Kinked or knotted chains shall not be used for lifting. Chains 
shall not be shortened by bolting, wiring or knotting. Makeshift links 
or fasteners such as wire, bolts or rods shall not be used.
    (7) Hooks, rings, links and attachments affixed to sling chains 
shall have rated capacities at least equal to those of the chains to 
which they are attached.
    (8) Chain slings shall bear identification of size, grade and rated 
capacity.
    (i) Shackles. (1) If the manufacturers' recommended safe working 
loads for shackles are available, they shall not be exceeded. If the 
manufacturers' recommendations are not available, Table 5 of Appendix 
II to this part shall apply.
    (2) Screw pin shackles provided by the employer and used aloft 
shall have their pins positively secured.
    (j) Hooks other than hand hooks. (1) The manufacturers' recommended 
safe working loads for hooks shall not be exceeded. Hooks other than 
hand hooks shall be tested according to the provisions of paragraphs 
(a), (c) and (d) of Sec. 1919.31 of this chapter.
    (2) Bent or sprung hooks shall be discarded.
    (3) Teeth of case hooks shall be maintained in safe condition.
    (4) Jaws of patent clamp-type plate hooks shall be maintained in 
condition to grip plates securely.
    (5) Loads shall be applied to the throat of the hook only.
    (k) Pallets. (1) Pallets shall be made and maintained to support 
and carry loads being handled safely. Fastenings of reusable pallets 
used for hoisting shall be bolts and nuts, drive screws (helically 
threaded nails), annular threaded nails or fastenings of equivalent 
holding strength.
    (2) Reusable wing or lip-type pallets shall be hoisted by bar 
bridles or other suitable gear and shall have an overhanging wing or 
lip of at least three inches (7.6 cm). They shall not be hoisted by 
wire slings alone.
    (3) Loaded pallets that do not meet the requirements of this 
paragraph shall be hoisted only after being placed on pallets meeting 
such requirements, or shall be handled by other means providing 
equivalent safety.
    (4) Bridles for handling flush end or box-type pallets shall be 
designed to prevent disengagement from the pallet under load.
    (5) Pallets shall be stacked or placed to prevent falling, 
collapsing or otherwise causing a hazard under standard operating 
conditions.
    (6) Disposable pallets intended only for one use shall not be 
reused for hoisting.

[[Page 40212]]

Sec. 1918.63  Chutes, gravity conveyors and rollers.

    (a) Chutes shall be of adequate length and strength to support the 
conditions of use, and shall be free of splinters and sharp edges.
    (b) When necessary for the safety of employees, chutes shall be 
equipped with sideboards to afford protection from falling objects.
    (c) When necessary for the safety of employees, provisions shall be 
made for stopping objects other than bulk commodities at the delivery 
end of the chute.
    (d) Chutes and gravity conveyor roller sections shall be firmly 
placed and secured to prevent displacement, shifting, or falling.
    (e) Gravity conveyors shall be of sufficient strength to support 
the weight of materials placed upon them safely. Conveyor rollers shall 
be installed in a way that prevents them from falling or jumping out of 
the frame.
    (f) Frames shall be kept free of burrs and sharp edges.


Sec. 1918.64  Powered conveyors.

    (a) Emergency stop. Readily accessible stop controls shall be 
provided for use in an emergency. Whenever the operation of any power 
conveyor requires personnel to work close to the conveyor, the conveyor 
controls shall not be left unattended while the conveyor is in 
operation.
    (b) Guarding. All conveyor and trimmer drives that create a hazard 
shall be adequately guarded.
    (c) Approved for location. Electric motors and controls on 
conveyors and trimmers used to handle grain and exposed to grain dust 
shall be of a type approved by a nationally recognized testing 
laboratory for use in Class II, Division I locations. (See Sec. 1910.7 
of this chapter.)
    (d) Grain trimmer control box. Each grain trimmer shall have a 
control box on the weather deck close to the spout feeding the trimmer.
    (e) Grain trimmer power cable. Power cables between the deck 
control box and the grain trimmer shall be used only in continuous 
lengths without splice or tap between connections.
    (f) Portable conveyors. Portable conveyors shall be stable within 
their operating ranges. When used at variable fixed levels, the unit 
shall be secured at the operating level.
    (g) Delivery and braking. When necessary for the safety of 
employees, provisions shall be made for braking objects at the delivery 
end of the conveyor.
    (h) Electric brakes. Conveyors using electrically released brakes 
shall be constructed so that the brakes cannot be released until power 
is applied and the brakes are automatically engaged if the power fails 
or the operating control is returned to the ``stop'' position.
    (i) Starting powered conveyors. Powered conveyors shall not be 
started until all employees are clear of the conveyor or have been 
warned that the conveyor is about to start up.
    (j) Loading and unloading. The area around conveyor loading and 
unloading points shall be kept clear of obstructions during conveyor 
operations.
    (k) Lockout/tagout. (1) Conveyors shall be stopped and their power 
sources locked out and tagged out during maintenance, repair, and 
servicing. If power is necessary for testing or for making minor 
adjustments, power shall only be supplied to the servicing operation.
    (2) The starting device shall be locked out and tagged out in the 
stop position before an attempt is made to remove the cause of a jam or 
overload of the conveying medium.
    (l) Safe practices. (1) Only designated persons shall operate, 
repair or service powered conveyors.
    (2) The employer shall ensure that each employee stays off 
operating conveyors.
    (3) Conveyors shall be operated only with all overload devices, 
guards and safety devices in place and operable.


Sec. 1918.65  Mechanically powered vehicles used aboard vessels.

    (a) Applicability. This section applies to every type of 
mechanically powered vehicle used for material or equipment handling 
aboard a vessel.
    (b) General. (1) Modifications, such as adding counterweights that 
might affect the vehicle's capacity or safety, shall not be done 
without either the manufacturers' prior written approval or the written 
approval of a registered professional engineer experienced with the 
equipment, who has consulted with the manufacturer, if available. 
Capacity, operation and maintenance instruction plates, tags or decals 
shall be changed to conform to the equipment as modified.
    (2) Rated capacities, with and without removable counterweights, 
shall not be exceeded. Rated capacities shall be marked on the vehicle 
and shall be visible to the operator. The vehicle weight, with and 
without a counterweight, shall be similarly marked.
    (3) If loads are lifted by two or more trucks working in unison, 
the total weight shall not exceed the combined safe lifting capacity of 
all trucks.
    (c) Guards for fork lift trucks. (1) Except as noted in paragraph 
(c)(5) of this section, fork lift trucks shall be equipped with 
overhead guards securely attached to the machines. The guard shall be 
of such design and construction as to protect the operator from boxes, 
cartons, packages, bagged material, and other similar items of cargo 
that might fall from the load being handled or from stowage.
    (2) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.2 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
through the guard.
    (3) Overhead guards shall be built so that failure of the vehicle's 
mast tilting mechanism will not displace the guard.
    (4) Overhead guards shall be large enough to extend over the 
operator during all truck operations, including forward tilt.
    (5) An overhead guard may be removed only when it would prevent a 
truck from entering a work space and only if the operator is not 
exposed to low overhead obstructions in the work space.
    (6) Where necessary to protect the operator, fork lift trucks shall 
be fitted with a vertical load backrest extension to prevent the load 
from hitting the mast when the mast is positioned at maximum backward 
tilt. For this purpose, a ``load backrest extension'' means a device 
extending vertically from the fork carriage frame to prevent raised 
loads from falling backward.
    (d) Guards for bulk cargo-moving vehicles. (1) Every crawler type, 
rider operated, bulk cargo-moving vehicle shall be equipped with an 
operator's guard of such design and construction as to protect the 
operator, when seated, against injury from contact with a projecting 
overhead hazard.
    (2) Overhead guards and their attachment points shall be so 
designed as to be able to withstand, without excessive deflection, a 
load applied horizontally at the operator's shoulder level equal to the 
drawbar pull of the machine.
    (3) Overhead guards are not required when the vehicle is used in 
situations in which the seated operator cannot contact projecting 
overhead hazards.
    (4) After July 26, 1999, bulk cargo-moving vehicles shall be 
equipped with rollover protection of such design and construction as to 
prevent the possibility of the operator being crushed because of a 
rollover or upset.
    (e) Approved trucks. (1) ``Approved power-operated industrial 
truck'' means one listed as approved for the intended use or location 
by a nationally

[[Page 40213]]

recognized testing laboratory (see Sec. 1910.7 of this chapter).
    (2) Approved power-operated industrial trucks shall bear a label or 
other identification indicating testing laboratory approval.
    (3) When the atmosphere in an area is hazardous (see Sec. 1918.2 
and Sec. 1918.93), only approved power-operated industrial trucks shall 
be used.
    (f) Maintenance. (1) Mechanically powered vehicles shall be 
maintained in safe working order. Safety devices shall not be removed 
or made inoperative except where permitted in this section. Vehicles 
with a fuel system leak or any other safety defect shall not be 
operated.
    (2) Braking systems or other mechanisms used for braking shall be 
operable and in safe condition.
    (3) Replacement parts whose function might affect operational 
safety shall be equivalent in strength and performance capability to 
the original parts that they replace.
    (4) Repairs to the fuel and ignition systems of mechanically 
powered vehicles that involve fire hazards shall be conducted only in 
locations designated as safe for such repairs.
    (5) Batteries on all mechanically powered vehicles shall be 
disconnected during repairs to the primary electrical system except 
when power is necessary for testing and repair. On vehicles equipped 
with systems capable of storing residual energy, that energy shall be 
safely discharged before work on the primary electrical system begins.
    (6) Only designated persons shall do maintenance and repair.
    (g) Parking brakes. All mechanically powered vehicles purchased 
after January 21, 1998, shall be equipped with parking brakes.
    (h) Operation. (1) Only stable and safely arranged loads within the 
rated capacity of the mechanically powered vehicle shall be handled.
    (2) The employer shall require drivers to ascend and descend grades 
slowly.
    (3) If the load obstructs the forward view, the employer shall 
require drivers to travel with the load trailing.
    (4) Steering knobs shall not be used unless the vehicle is equipped 
with power steering.
    (5) When mechanically powered vehicles use cargo lifting devices 
that have a means of engagement hidden from the operator, a means shall 
be provided to enable the operator to determine that the cargo has been 
engaged.
    (6) No load on a mechanically powered vehicle shall be suspended or 
swung over any employee.
    (7) When mechanically powered vehicles are used, provisions shall 
be made to ensure that the working surface can support the vehicle and 
load, and that hatch covers, truck plates, or other temporary surfaces 
cannot be dislodged by movement of the vehicle.
    (8) When mechanically powered vehicles are left unattended, load-
engaging means shall be fully lowered, controls neutralized, brakes set 
and power shut off. Wheels shall be blocked or curbed if the vehicle is 
on an incline.
    (9) When lift trucks or other mechanically powered vehicles are 
being operated on open deck-type barges, the edges of the barges shall 
be guarded by railings, sideboards, timbers, or other means sufficient 
to prevent vehicles from rolling overboard. When such vehicles are 
operated on covered lighters where door openings other than those being 
used are left open, means shall be provided to prevent vehicles from 
rolling overboard through such openings.
    (10) Unauthorized personnel shall not ride on mechanically powered 
vehicles. A safe place to ride shall be provided when riding is 
authorized.
    (11) An employee may be elevated by fork lift trucks only when a 
platform is secured to the lifting carriage or forks. The platform 
shall meet the following requirements:
    (i) The platform shall have a railing complying with 
Sec. 1917.112(c) of this chapter.
    (ii) The platform shall have toeboards complying with 
Sec. 1917.112(d) of this chapter, if tools or other objects could fall 
on employees below.
    (iii) When the truck has controls elevated with the lifting 
carriage, means shall be provided for employees on the platform to shut 
off power to the vehicle.
    (iv) Employees on the platform shall be protected from exposure to 
moving truck parts.
    (v) The platform floor shall be skid resistant.
    (vi) An employee shall be at the truck's controls whenever 
employees are elevated.
    (vii) While an employee is elevated, the truck may be moved only to 
make minor adjustments in placement.


Sec. 1918.66  Cranes and derricks other than vessel's gear.

    (a) General. The following requirements shall apply to the use of 
cranes and derricks brought aboard vessels for conducting longshoring 
operations. They shall not apply to cranes and derricks forming part of 
a vessel's permanent equipment.
    (1) Certification. Cranes and derricks shall be certificated in 
accordance with part 1919 of this chapter.
    (2) Posted weight. The crane weight shall be posted on all cranes 
hoisted aboard vessels for temporary use.
    (3) Rating chart. All cranes and derricks having ratings that vary 
with boom length, radius (outreach) or other variables shall have a 
durable rating chart visible to the operator, covering the complete 
range of the manufacturers' (or design) capacity ratings. The rating 
chart shall include all operating radii (outreach) for all permissible 
boom lengths and jib lengths, as applicable, with and without 
outriggers, and alternate ratings for optional equipment affecting such 
ratings. Precautions or warnings specified by the owner or manufacturer 
shall be included along with the chart.
    (4) Rated loads. The manufacturers' (or design) rated loads for the 
conditions of use shall not be exceeded.
    (5) Change of rated loads. Designated working loads shall not be 
increased beyond the manufacturers' ratings or original design 
limitations unless such increase receives the manufacturers' approval. 
When the manufacturers' services are not available or where the 
equipment is of foreign manufacture, engineering design analysis shall 
be done or approved by a person accredited for certificating the 
equipment under part 1919 of this chapter. Engineering design analysis 
shall be done by a registered professional engineer competent in the 
field of cranes and derricks. Any structural changes required by the 
change in rating shall be carried out.
    (6) Radius indicator. When the rated load varies with the boom 
radius, the crane or derrick shall be fitted with a boom angle or 
radius indicator visible to the operator.
    (7) Operator's station. The cab, controls and mechanism of the 
equipment shall be so arranged that the operator has a clear view of 
the load or signalman, when one is used. Cab glass, when used, shall be 
safety plate glass or equivalent. Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent), that impairs operator vision 
shall not be used. Clothing, tools, and equipment shall be stored so as 
not to interfere with access, operation, and the operator's view.
    (8) Counterweights or ballast. Cranes shall be operated only with 
the specified type and amount of ballast or counterweights. Ballast or 
counterweights shall be located and secured only as provided in the 
manufacturers' or design specifications, which shall be available for 
inspection.
    (9) Outriggers. Outriggers shall be used according to the 
manufacturers' specifications or design data, which

[[Page 40214]]

shall be available for inspection. Floats, when used, shall be securely 
attached to the outriggers. Wood blocks or other support shall be of 
sufficient size to support the outrigger, free of defects that may 
affect safety, and of sufficient width and length to prevent the crane 
from shifting or toppling under load.
    (10) Exhaust gases. Engine exhaust gases shall be discharged away 
from crane operating personnel.
    (11) Electrical/Guarding. Electrical equipment shall be so placed 
or enclosed that live parts will not be exposed to accidental contact. 
Designated persons may work on energized equipment only if necessary 
during inspection, maintenance, or repair; otherwise the equipment 
shall be stopped and its power source locked out and tagged out.
    (12) Fire extinguisher. (i) At least one portable approved or 
listed fire extinguisher of at least a 5-B:C rating or equivalent shall 
be accessible in the cab of the crane or derrick.
    (ii) No portable fire extinguisher using carbon tetrachloride or 
chlorobromomethane extinguishing agents shall be used.
    (13) Rope on drums. At least three full turns of rope shall remain 
on ungrooved drums, and two turns on grooved drums, under all operating 
conditions. Wire rope shall be secured to drums by clamps, U-bolts, 
shackles or equivalent means. Fiber rope fastenings are prohibited.
    (14) Brakes. (i) Each independent hoisting unit of a crane shall be 
equipped with at least one holding brake, applied directly to the motor 
shaft or gear train.
    (ii) Each independent hoisting unit of a crane shall, in addition 
to the holding brake, be equipped with a controlled braking means to 
control lowering speeds.
    (iii) Holding brakes for hoist units shall have not less than the 
following percentage of the rated load hoisting torque at the point 
where the brake is applied:
    (A) 125 percent when used with an other than mechanically 
controlled braking means; or
    (B) 100 percent when used with a mechanically controlled braking 
means.
    (iv) All power control braking means shall be capable of 
maintaining safe lowering speeds of rated loads.
    (15) Operating controls. Crane and derrick operating controls shall 
be clearly marked, or a chart showing their function shall be posted at 
the operator's position.
    (16) Booms. Cranes with elevatable booms and without operable 
automatic limiting devices shall be provided with boom stops if boom 
elevation can exceed maximum design angles from the horizontal.
    (17) Foot pedals. Foot pedals shall have a non-skid surface.
    (18) Access. Ladders, stairways, stanchions, grab irons, foot steps 
or equivalent means shall be provided as necessary to ensure safe 
access to footwalks, cab platforms, the cab and any portion of the 
superstructure that employees must reach.
    (b) Operations. (1) Use of cranes together. When two or more cranes 
hoist a load in unison, a designated person shall direct the operation 
and instruct personnel in positioning, rigging of the load and 
movements to be made.
    (2) Guarding of swing radius. Accessible areas within the swing 
radius of the body of a revolving crane shall be physically guarded 
during operations to prevent an employee from being caught between the 
body of the crane and any fixed structure or between parts of the 
crane.
    (3) Prohibited usage. (i) Equipment shall not be used in a way that 
exerts side loading stresses upon the crane or derrick boom.
    (ii) No crane or derrick having a visible or known defect that may 
affect safe operation shall be used.
    (4) Unattended cranes. The following steps shall be taken before 
leaving a crane unattended between work periods:
    (i) Suspended loads, such as those hoisted by lifting magnets or 
clamshell buckets, shall be landed unless the storage position or 
maximum hoisting of the suspended device will provide equivalent 
safety;
    (ii) Clutches shall be disengaged;
    (iii) The power supply shall be shut off;
    (iv) The crane shall be secured against accidental travel; and
    (v) The boom shall be lowered or secured against movement.
    (c) Protection for employees being hoisted. (1) No employee shall 
be hoisted by the load hoisting apparatus of a crane or derrick except 
on a platform meeting the following requirements:
    (i) Enclosed by a railing or other means providing protection 
equivalent to that described in Sec. 1917.112(c) of this chapter;
    (ii) Fitted with toe boards if the platform has open railings;
    (iii) A safety factor of four based on ultimate strength;
    (iv) Bearing a plate or permanent marking indicating maximum load 
rating, which shall not be exceeded, and the weight of the platform 
itself;
    (v) Equipped with a device to prevent access doors, when used, from 
opening accidentally;
    (vi) Equipped with overhead protection for employees on the 
platform if they are exposed to falling objects or overhead hazards; 
and
    (vii) Secured to the load line by means other than wedge and socket 
attachments, unless the free (bitter) end of the line is secured back 
to itself by a clamp placed as close above the wedge as possible.
    (2) Except in an emergency, the hoisting mechanism of all cranes or 
derricks used to hoist personnel shall operate only in power up and 
power down, with automatic brake application when not hoisting or 
lowering.
    (3) All cranes and derricks used to hoist personnel shall be 
equipped with an anti-two-blocking device.
    (4) Variable radius booms of a crane or derrick used to hoist 
personnel shall be so constructed or secured as to prevent accidental 
boom movement.
    (5) Platforms or devices used to hoist employees shall be inspected 
for defects before each day's use and shall be removed from service if 
defective.
    (6) Employees being hoisted shall remain in continuous sight of and 
communication with the operator or signalman.
    (7) Operators shall remain at the controls when employees are 
hoisted.
    (8) Cranes shall not travel while employees are hoisted, except in 
emergencies or in normal tier-to-tier transfer of employees during 
container operations.
    (d) Routine inspection. (1) Designated persons shall visually 
inspect each crane and derrick on each day of use for defects in 
functional operating components and shall report any defect found to 
the employer. The employer shall inform the operator of the result of 
the inspection.
    (2) A designated person shall thoroughly inspect all functional 
components and accessible structural features of each crane or device 
at monthly intervals.
    (3) Any defects found during such inspections that may create a 
safety hazard shall be corrected before further equipment use. Repairs 
shall be done only by designated persons.
    (4) A record of each monthly inspection shall be maintained for six 
months in or on the crane or derrick or at the terminal.
    (e) Protective devices. (1) When exposed moving parts such as 
gears, chains and chain sprockets present a hazard to employees during 
crane and derrick operations, those parts shall be securely guarded.

[[Page 40215]]

    (2) Crane hooks shall be latched or otherwise secured to prevent 
accidental load disengagement.
    (f) Load-indicating devices. (1) Unless exempted by the provisions 
of paragraph (f)(1)(viii) of this section, every crane used to load or 
discharge cargo into or out of a vessel shall be fitted with a load-
indicating device or alternative device in proper working condition 
that shall meet the following criteria:
    (i) The type or model of any load-indicating device used shall be 
such as to provide:
    (A) A direct indication in the cab of actual weight hoisted or a 
means of determining this by reference to crane ratings posted and 
visible to the operator, except that the use of a dynamometer or simple 
scale alone will not meet this requirement; or
    (B) An automatic weight-moment device (e.g., a computer) providing 
indications in the cab according to the radius and load at the moment; 
or
    (C) A device that will prevent an overloaded condition.
    (ii) The accuracy of the load-indicating device, weight-moment 
device, or overload protection device shall be such that any indicated 
load (or limit), including the sum of actual weight hoisted and 
additional equipment or ``add ons'' such as slings, sensors, blocks, 
etc., is within the range between 95 percent (5 percent underload) and 
110 percent (10 percent overload) of the actual true total load. Such 
accuracy shall be required over the range of daily operating variables 
reasonably anticipated under the conditions of use.
    (iii) The device shall enable the operator to decide before making 
any lift that the load indicating device or alternative device is 
operative. In the alternative, if the device is not so mounted or 
attached and does not include such means of checking, it shall be 
certified by the manufacturer to remain operative for a specific time. 
The device shall be checked for accuracy, using known values of the 
load, at the time of every certification survey (see Sec. 1918.11) and 
at such additional times as may be recommended by the manufacturer.
    (iv) When the load indicating device or alternative device is so 
arranged in the supporting system (crane structure) that its failure 
could cause the load to be dropped, its strength shall not be the 
limiting factor of the supporting system (crane structure).
    (v) Units of measure in pounds or both pounds and kilograms (or 
other indicators of measurement, such as colored indicator lights), 
capacity of the indicating system, accuracy of the indicating system, 
and operating instructions and precautions shall be conspicuously 
marked. If the system used provides no readout but automatically ceases 
crane operation when the rated load limit is reached under any specific 
condition of use, the marking shall provide the make and model of the 
device installed, a description of what it does, how it is operated, 
and any necessary precautions regarding the system. All of these 
markings shall be readily visible to the operator.
    (vi) All load indicating devices shall operate over the full 
operating radius. Overall accuracy shall be based on actual applied 
loads and not on full scale (full capacity) load.

    Note to paragraph (f)(1)(vi): If the accuracy of the load 
indicating device is based on full scale loads and the device is 
arbitrarily set at plus or minus 10 percent, it would accept a 
reading between 90,000 and 110,000 lbs. at full capacity for a 
machine with a maximum rating of 100,000 lbs. but would also show a 
reading of between zero and 20,000 lbs. at that outreach (radius) at 
which the load would be 10,000 lbs.; this is clearly unacceptable. 
If, however, the accuracy of the device is based on actual applied 
loads under the same conditions, the acceptable range would remain 
the same with the 100,000-lb. load but would show a figure between 
9,000 and 11,000 lbs. at the 10,000-lb. load; this is an acceptable 
reading.

    (vii) When a load-indicating device uses the radius as a factor in 
its use or in its operating indications, the indicated radius (which 
may be in feet and/or meters, or degrees of boom angle, depending on 
the system used) shall be within the range between 97 percent and 110 
percent of the actual (true) radius. When radius is presented in 
degrees, and feet or meters are required for necessary determinations, 
a conversion chart shall be provided.
    (viii) The load indicating device requirements of this paragraph do 
not apply to a crane:
    (A) Of the trolley equipped bridge type while handling containers 
known to be and identified as empty, or loaded, and in either case 
according to the provisions of Sec. 1918.85(b) of this part, or while 
hoisting other lifts by means of a lifting beam supplied by the crane 
manufacturer for the purpose and in all cases within the crane rating;
    (B) While handling bulk commodities or cargoes by means of 
clamshell bucket or magnet;
    (C) While used to handle or hold hoses in connection with transfer 
of bulk liquids, or other hose-handled products; or
    (D) While the crane is used exclusively to handle cargo or 
equipment whose total actual gross weight is marked on the unit or 
units hoisted, and the total actual gross weight never exceeds 11,200 
lbs., and the load is less than the rated capacity of the crane at the 
maximum outreach possible at the time.
    (2) [Reserved]


Sec. 1918.67  Notifying the ship's officers before using certain 
equipment.

    (a) The employer shall notify the officer in charge of the vessel 
before bringing aboard ship internal combustion or electric powered 
tools, equipment or vehicles.
    (b) The employer shall also notify the officer in charge of the 
vessel before using the ship's electric power for the operation of any 
electric tools or equipment.


Sec. 1918.68  Grounding.

    The frames of portable electrical equipment and tools, other than 
double insulated tools and battery operated tools, shall be grounded 
through a separate equipment conductor run with or enclosing the 
circuit conductors.


Sec. 1918.69  Tools.

    (a) General. Employers shall not issue or permit the use of visibly 
unsafe tools.
    (b) Portable electric tools. (1) Portable hand-held electric tools 
shall be equipped with switches of a type that must be manually held in 
position.
    (2) All portable, power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
required to permit the base to be tilted for bevel cuts. The lower 
guard shall cover the saw to the depth of the teeth, except for the 
minimum arc required to allow proper retraction and contact with the 
work. When the tool is withdrawn from the work, the lower guard shall 
automatically and instantly return to the covering position.


Secs. 1918.70-.80  [Reserved]

Subpart H--Handling Cargo


Sec. 1918.81  Slinging.

    (a) Drafts shall be safely slung before being hoisted. Loose 
dunnage or debris hanging or protruding from loads shall be removed.
    (b) Cargo handling bridles, such as pallet bridles, which are to 
remain attached to the hoisting gear while hoisting successive drafts, 
shall be attached by shackles, or other positive means shall be taken 
to prevent them from being accidentally disengaged from the cargo hook.

[[Page 40216]]

    (c) Drafts of lumber, pipe, dunnage and other pieces, the top layer 
of which is not bound by the sling, shall be slung in a way that 
prevents sliders. Double slings shall be used on unstrapped dunnage, 
unless, due to the size of hatch or deep tank openings, using them is 
impracticable.
    (d) Case hooks shall be used only with cases designed to be hoisted 
by these hooks.
    (e) Bales of cotton, wool, cork, wood pulp, gunny bags or similar 
articles shall not be hoisted by straps unless the straps are strong 
enough to support the weight of the bale. At least two hooks, each in a 
separate strap, shall be used.
    (f) Unitized loads bound by bands or straps may be hoisted by the 
banding or strapping only if the banding or strapping is suitable for 
hoisting and is strong enough to support the weight of the load.
    (g) Additional means to maintain the unitized loads during hoisting 
shall be employed to ensure safe lifting of such loads having damaged 
banding or strapping.
    (h) Loads requiring continuous manual guidance during handling 
shall be guided by guide ropes (tag lines) that are long enough to 
control the load.
    (i) No draft shall be hoisted unless the winch or crane operator(s) 
can clearly see the draft itself or see the signals of a signalman who 
is observing the draft's movement.
    (j) Intermodal containers shall be handled in accordance with 
Sec. 1918.85.
    (k) The employer shall require that employees stay clear of the 
area beneath overhead drafts or descending lifting gear.
    (l) The employer shall not permit employees to ride the hook or the 
load, except as provided for in Sec. 1918.85(g).


Sec. 1918.82  Building drafts.

    (a) Drafts shall be built or means shall be taken to prevent cargo 
from falling from them.
    (b) Buckets and tubs used in handling bulk or frozen cargo shall 
not be loaded above their rims.


Sec. 1918.83  Stowed cargo; tiering and breaking down.

    (a) When necessary to protect personnel working in a hold, the 
employer shall secure or block stowed cargo that is likely to shift or 
roll.
    (b) In breaking down stowed cargo, precautions shall be taken to 
prevent remaining cargo from falling.
    (c) Employees trimming bulk cargo shall be checked in and out by 
the job boss. Before securing any reefer compartment, a check shall be 
made to ensure that no employee remains inside. Frequent checks shall 
be made to ensure the safety of any employee working alone in a tank or 
cargo compartment.


Sec. 1918.84  Bulling cargo.

    (a) Bulling cargo shall be done with the bull line led directly 
from the heel block. However, bulling may be done from the head of the 
boom when the nature of the cargo and the surface over which it is 
dragged are such that the load cannot be stalled, or when the winch 
actually does not have sufficient strength, with the purchase used, to 
overload the boom.
    (b) Snatch blocks shall be used to provide a fair lead for the bull 
line to avoid unnecessary dragging of the bull line against coamings 
and obstructions.
    (c) Snatch blocks shall not be used with the point of the hook 
resting on the flange of a beam, but shall be hung from padeyes, 
straps, or beam clamps. Snatch blocks or straps shall not be made fast 
to batten cleats or other insecure fittings.
    (d) Beam frame clamps shall be so secured as to prevent their 
slipping, falling, or being pulled from their stationary attachment.
    (e) Falls led from cargo booms of vessels shall not be used to move 
scows, lighters or railcars.


Sec. 1918.85  Containerized cargo operations.

    (a) Container markings. Every intermodal container shall be legibly 
and permanently marked with:
    (1) The weight of the container when empty, in pounds;
    (2) The maximum cargo weight the container is designed to carry, in 
pounds; and
    (3) The sum of the weight of the container and the maximum cargo 
weight, in pounds.
    (b) Container weight. No container shall be hoisted by any lifting 
appliance unless the following conditions have been met:
    (1) The employer shall determine from the carrier whether a 
container to be hoisted is loaded or empty. Before loading or 
discharging, empty containers shall be identified in a manner that will 
inform every supervisor and job boss on the site and in charge of 
loading or discharging, or every crane or other hoisting equipment 
operator and signalman, that such container is empty. Methods of 
identification may include cargo plans, manifests, or markings on the 
container.
    (2) For a loaded container:
    (i) The actual gross weight shall be plainly marked and visible to 
the crane or other hoisting equipment operator or signalman, or to 
every supervisor or job boss on site and in charge of the operation; or
    (ii) The cargo stowage plan or equivalent permanently recorded 
display serving the same purpose, containing the actual gross weight 
and the serial number or other positive identification of that specific 
container, shall be provided to the crane or other hoisting equipment 
operator and signalman, and to every supervisor and job boss on site 
and in charge of the operation.
    (3) Every outbound container received at a marine terminal ready to 
load aboard a vessel without further consolidation or loading shall be 
weighed to obtain the actual gross weight, either at the terminal or 
elsewhere, before being hoisted.
    (4)(i) When container weighing scales are found at a marine 
terminal, any outbound container with a load consolidated at that 
terminal shall be weighed to obtain the actual weight before being 
hoisted.
    (ii) If the terminal has no scales, the actual gross weight may be 
calculated from the container's contents and the container's empty 
weight. The weights used in the calculation shall be posted 
conspicuously on the container, with the name of the person making the 
calculation, and the date.
    (5) Open top vehicle-carrying containers, and those built 
specifically and used solely for the carriage of compressed gases, are 
excepted from paragraphs (b)(3) and (b)(4) of this section.
    (6) Closed dry van containers carrying vehicles are exempted from 
paragraph (b)(4) of this section if:
    (i) The container carries only completely assembled vehicles and no 
other cargo;
    (ii) The container is marked on the outside so that an employee can 
readily discern that the container is carrying vehicles; and
    (iii) The vehicles were loaded into the container at the marine 
terminal.
    (7) The weight of loaded inbound containers from foreign ports 
shall be determined by weighing, by the method of calculation described 
in paragraph (b)(4)(ii) of this section or by shipping documents.
    (8) Any scale used within the United States to weigh containers for 
the requirements of this section shall meet the accuracy standards of 
the state or local public authority in which the scale is found.
    (c) Overloaded containers. No container shall be hoisted if its 
actual gross weight exceeds the weight marked as required in paragraph 
(a)(3) of this section, or it exceeds the capacity of the lifting 
appliance.

[[Page 40217]]

    (d) Container inspection. (1) Prior to hoisting, each container 
shall be inspected for any visible defects in structural members and 
fittings that would make the handling of such container unsafe.
    (2) Any container found to have such a defect shall either be 
handled by a special means to ensure safe handling or shall be emptied 
before handling.
    (e) Suspended containers. The employer shall prohibit employees 
from working beneath a suspended container.
    (f) Lifting fittings. Containers shall be handled using lifting 
fittings or other arrangements suitable and intended for the purpose as 
set forth in paragraphs (f)(1) through (f)(3) of this section, unless 
damage to an intermodal container makes special means of handling 
necessary.
    (1) Loaded intermodal containers. Loaded intermodal containers of 
20 feet (6.1 m) or more shall be hoisted as follows:
    (i) When hoisting containers by the top fittings, the lifting 
forces shall be applied vertically from at least four such fittings. A 
less than vertical lift is permitted only under the following 
conditions:
    (A) The container being lifted is an ISO ``closed box container'';
    (B) The condition of the box is sound;
    (C) The speed of hoisting and lowering is moderated when heavily 
ladened containers \5\ are encountered;
---------------------------------------------------------------------------

    \5\ A heavily laden container is one that is loaded to within 20 
percent of its rated capacity.
---------------------------------------------------------------------------

    (D) The lift angle is at 80 to 90 degrees;
    (E) The distance between the lifting beam and the load is at least 
8 feet, 2.4 inches (2.5 m); and
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11 m) for a 40-foot 
container.
    (ii) When hoisting containers from bottom fittings, the hoisting 
connections shall bear on the fittings only, making no other contact 
with the container. The angles of the four bridle legs shall not be 
less than 30 degrees to the horizontal for 40-foot (12.2 m) containers; 
37 degrees for 30-foot (9.1 m) containers; and 45 degrees for 20-foot 
(6.1 m) containers.
    (iii) Lifting containers by fork lift trucks or grappling arms from 
above or from one side may be done only if the container is designed 
for this type of handling.
    (iv) Other means of hoisting may be used only if the containers and 
hoisting means are designed for such use.
    (2) Intermodal container spreaders. (i) When using intermodal 
container spreaders that employ lanyards for activation and load 
disengagement, all possible precautions shall be taken to prevent 
accidental release of the load.
    (ii) Intermodal container spreaders that utilize automatic twist 
lock systems shall be designed and used so that a suspended load cannot 
accidentally be released.
    (g) Safe container top access. A safe means of access shall be 
provided for each employee required to work on the top of an intermodal 
container. Unless ladders are used for access, such means shall comply 
with the requirements of Sec. 1917.45(j) of this chapter.
    (h) Employee hoisting prohibition. Employees shall not be hoisted 
on intermodal container spreaders while a load is engaged.
    (i) Portable ladder access. When other safer means are available, 
portable ladders shall not be used in gaining access to container 
stacks more than two containers high.
    (j) Fall protection. (1) Containers being handled by container 
gantry cranes.
    (i) After July 26, 1999, where a container gantry crane is being 
used to handle containers, the employer shall ensure that no employee 
is on top of a container. Exception: An employee may be on top of a 
container only to perform a necessary function that cannot be 
eliminated by the use of positive container securing devices.\6\
---------------------------------------------------------------------------

    \6\ Examples of work that may not be eliminated by positive 
container securing devices and that may require employees to work on 
top of containers include, but are not limited to: installing or 
removing bridge clamps; hooking up or detaching over-height 
containers; or freeing a jammed semi-automatic twist lock.
---------------------------------------------------------------------------

    (ii) After July 26, 1999, the employer shall ensure that positive 
container securing devices, such as semi-automatic twist locks and 
above deck cell guides, are used wherever container gantry cranes are 
used to hoist containers.
    (iii) The employer shall ensure that each employee on top of a 
container is protected from fall hazards by a fall protection system 
meeting the requirements of paragraph (k) of this section.
    (2) Containers being handled by other hoisting devices. Where 
containers are being handled by hoisting devices other than container 
gantry cranes, the employer shall ensure that each employee on top of a 
container is protected by a fall protection system meeting the 
requirements of paragraph (k) of this section.
    (3) Other exposure to fall hazards. The employer shall ensure that 
each employee exposed to a fall hazard is protected by a fall 
protection system meeting the requirements of paragraph (k) of this 
section. Exception: Where the employer can demonstrate that fall 
protection for an employee would be infeasible or create a greater 
hazard due to vessel design, container design, container storage, other 
cargo stowage, container handling equipment, lifting gear, or port 
conditions, the employer shall alert the affected employee about the 
fall hazard and instruct the employee in ways to minimize exposure to 
that hazard.
    (k) Fall protection systems. When fall protection systems required 
by paragraph (j) of this section are employed, the following shall 
apply:
    (1) Each fall protection system component, except anchorages, shall 
have fall arrest/restraint as its only use.
    (2) Each fall protection system subjected to impact loading shall 
be immediately withdrawn from service and not be used again until 
inspected and determined by a designated person to be undamaged and 
suitable for use.
    (3) Each fall protection system shall be rigged so that a falling 
employee cannot contact any lower level stowage or vessel structure.
    (4) Each fall protection system adopted for use shall have an 
energy absorbing mechanism that will produce an arresting force on an 
employee of not greater than 1800 pounds (8 kN).
    (5) Each component of a fall protection system shall be designed 
and used to prevent accidental disengagement.
    (6) Each fall protection system's fixed anchorages shall be capable 
of sustaining a force of 5,000 pounds (22.2 kN) or be certified as 
capable of sustaining at least twice the potential impact load of an 
employee's fall. Such certification must be made by a qualified 
person.\7\ When more than one employee is attached to an anchorage, 
these limits shall be multiplied by the number of employees attached.
---------------------------------------------------------------------------

    \7\ For the purposes of this paragraph, qualified person means 
one with a recognized degree or professional certificate and 
extensive knowledge and experience in the subject field who is 
capable of design, analysis, evaluation and specifications in the 
subject work, project, or product.
---------------------------------------------------------------------------

    (7) When ``live'' (activated) container gantry crane lifting beams 
or attached devices are used as anchorage points, the following 
requirements apply:
    (i) The crane shall be placed into a ``slow'' speed mode;
    (ii) The crane shall be equipped with a remote shut-off switch that 
can stop trolley, gantry, and hoist functions and that is in the 
control of the employee(s) attached to the beam; and

[[Page 40218]]

    (iii) A visible or audible indicator shall be present to alert the 
exposed employee(s) when the remote shut-off is operational.
    (8) Fall protection system components, other than the anchorages, 
shall be certified as a unit of being capable of sustaining at least 
twice the potential impact load of an employee's fall. Such 
certification shall be made by a qualified person.\8\
---------------------------------------------------------------------------

    \8\ For the purposes of this paragraph, qualified person means 
one with a recognized degree or professional certificate and 
extensive knowledge and experience in the subject field who is 
capable of design, analysis, evaluation and specifications in the 
subject work, project, or product.
---------------------------------------------------------------------------

    (9) Each fall protection system shall incorporate the use of a full 
body harness.
    (10) Each device, such as a safety cage, used to transport an 
employee(s) by being attached to a container gantry crane spreader, 
shall have a secondary means to prevent accidental disengagement and 
the secondary means shall be engaged.
    (11) Each fall protection system shall be inspected before each 
day's use by a designated person. Any defective components shall be 
removed from service.
    (12) Before using any fall protection system, the employee shall be 
trained in the use and application limits of the equipment, proper 
hookup, anchoring and tie-off techniques, methods of use, and proper 
methods of equipment inspection and storage.
    (13) The employer shall establish and implement a procedure to 
retrieve personnel safely in case of a fall.
    (l) Working along unguarded edges. The employer shall provide, and 
ensure that the employee use, fall protection meeting the requirements 
of paragraph (k) of this section whenever the employee works along an 
unguarded edge where a fall hazard exists (see Sec. 1918.2 ).


Sec. 1918.86  Roll-on roll-off (Ro-Ro) operations \9\ (See also 
Sec. 1918.25).
---------------------------------------------------------------------------

    \9\ Ro-Ro operations occur only on Ro-Ro vessels which are 
vessels whose cargo is driven on or off the vessel by way of ramps 
and moved within the vessel by way of ramps and/or elevators.
---------------------------------------------------------------------------

    (a) Traffic control system. An organized system of vehicular and 
pedestrian traffic control shall be established and maintained at each 
entrance/exit ramp and on ramps within the vessel as traffic flow 
warrants.
    (b) Ramp load limit. Each ramp shall be plainly marked with its 
load capacity. The marked capacity shall not be exceeded.
    (c) Pedestrian traffic. Stern and side port ramps also used for 
pedestrian access shall meet the requirements of Sec. 1918.25. Such 
ramps shall provide a physical separation between pedestrian and 
vehicular routes. When the design of the ramp prevents physical 
separation, a positive means shall be established to prevent 
simultaneous use of the ramp by vehicles and pedestrians.
    (d) Ramp maintenance. Ramps shall be properly maintained and 
secured.
    (e) Hazardous routes. Before the start of Ro-Ro operations, the 
employer shall identify any hazardous routes or areas that could be 
mistaken for normal drive-on/drive-off routes. Such hazardous routes 
shall be clearly marked and barricaded.
    (f) Air brake connections. Each tractor shall have all air lines 
connected when pulling trailers equipped with air brakes and shall have 
the brakes tested before commencing operations.
    (g) Trailer load limits. After July 27, 1998, flat bed and low boy 
trailers shall be marked with their cargo capacities and shall not be 
overloaded.
    (h) Cargo weights. Cargo to be handled via a Ro-Ro ramp shall be 
plainly marked with its weight in pounds (kilograms). Alternatively, 
the cargo stow plan or equivalent record containing the actual gross 
weight of the load may be used to determine the weight of the cargo.
    (i) Tractors. Tractors used in Ro-Ro operations shall have:
    (1) Sufficient power to ascend ramp inclines safely; and
    (2) Sufficient braking capacity to descend ramp inclines safely.
    (j) Safe speeds. Power driven vehicles used in Ro-Ro operations 
shall be operated at speeds that are safe for prevailing conditions.
    (k) Ventilation. Internal combustion engine-driven vehicles shall 
be operated only where adequate ventilation exists or is provided. (Air 
contaminant requirements are found in Sec. 1918.94 and part 1910, 
subpart Z, of this chapter.)
    (l) Securing cargo. Cargo loaded or discharged during Ro-Ro 
operations shall be secured to prevent sliding loads.
    (m) Authorized personnel. Only authorized persons shall be 
permitted on any deck while loading or discharging operations are being 
conducted. Such authorized persons shall be equipped with high 
visibility vests (or equivalent protection \10\ ).
---------------------------------------------------------------------------

    \10\ Decals on hard hats will not be considered equivalent 
protection for the purposes of this paragraph.

    Note to paragraph (m): High visibility vests or equivalent 
protection means high visibility/retroreflective materials which are 
intended to provide conspicuity of the user by day through the use 
of high visibility (fluorescent) material and in the dark by vehicle 
headlights through the use of retroreflective material. The minimum 
area of material for a vest or equivalent protection is .5 
m2 (760 in.\2\) for fluorescent (background) material and 
---------------------------------------------------------------------------
.13m2 (197 in.2) for retroreflective material.

    (n) Vehicle stowage positioning. Drivers shall not drive vehicles, 
either forward or backward, while any personnel are in positions where 
they could be struck.


Sec. 1918.87  Ship's cargo elevators.

    (a) Safe working load. The safe working loads of ship's cargo 
elevators shall be determined and followed.
    (b) Load distribution. Loads shall be evenly distributed and 
maintained on the elevator's platform.
    (c) Elevator personnel restrictions. Personnel shall not be 
permitted to ride on the elevator's platform if a fall hazard exists. 
(See Sec. 1918.2.)
    (d) Open deck barricades. During elevator operation, each open deck 
that presents a fall hazard to employees shall be effectively 
barricaded.


Sec. 1918.88  Log operations.

    (a) Working in holds. When loading logs into the holds of vessels 
and using dumper devices to roll logs into the wings, the employer 
shall ensure that employees remain clear of areas where logs being 
dumped could strike, roll upon, or pin them.
    (b) Personal flotation devices. Each employee working on a log boom 
shall be protected by a personal flotation device meeting the 
requirements of Sec. 1918.105(b)(2).
    (c) Footwear. The employer shall provide each employee that is 
working logs with appropriate footwear, such as spiked shoes or caulked 
sandals, and shall ensure that each employee wears appropriate footwear 
to climb or walk on logs.
    (d) Lifelines. When employees are working on log booms or cribs, 
lifelines shall be furnished and hung overside to the water's edge.
    (e) Jacob's ladder. When a log boom is being worked, a Jacob's 
ladder meeting the requirements of Sec. 1918.23 shall be provided for 
each gang working alongside unless other safe means of access (such as 
the vessel's gangway) is provided. However, no more than two Jacob's 
ladders are required for any single log boom being worked.
    (f) Life-ring. When working a log boom alongside a ship, a U.S. 
Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 
feet (27.4 m) of line, shall be provided either on the floating unit 
itself or aboard the ship close to each floating unit being worked.

[[Page 40219]]

    (g) Rescue boat. When employees are working on rafts or booms, a 
rescue boat capable of effecting an immediate rescue shall be 
available. Powered rescue boats are required when the current exceeds 
one knot.
    (h) Log rafts. When an employee is working logs out of the water, 
walking sticks \11\ (safety sticks) shall be provided as follows:
---------------------------------------------------------------------------

    \11\ A ``walking stick'' is two logs bolted or otherwise secured 
together with two or three planks firmly attached on top that serves 
as a floating walking and working surface and that is used in the 
loading of logs onto vessels from the water.
---------------------------------------------------------------------------

    (1) They shall be planked and be no less than 24 inches (.61 m) 
wide;
    (2) They shall extend along the entire length of all rafts on the 
side(s) of the vessel being worked, and to the means of access to the 
log raft(s); and
    (3) They shall be buoyant enough to keep the walking surface above 
the waterline when employees are walking on them.


Sec. 1918.89  Handling hazardous cargo (See also Sec. 1918.2 and 
Sec. 1918.99).

    Hazardous cargo shall be slung and secured so that neither the 
draft nor individual packages can fall because of tipping of the draft 
or slacking of the supporting gear.

Subpart I--General Working Conditions.


Sec. 1918.90  Hazard communication.

    See Sec. 1918.1(b)(4).


Sec. 1918.91  Housekeeping.

    (a) General. Active work areas shall be kept free of equipment, 
such as lashing gear, and materials not in use, and clear of debris, 
projecting nails, strapping and other objects not necessary to the work 
in progress.
    (b) Slippery surfaces. The employer shall eliminate conditions 
causing slippery walking and working surfaces in immediate areas used 
by employees.
    (c) Free movement of drafts. Dunnage shall not be placed at any 
location where it interferes with the free movement of drafts.
    (d) Dunnage height. Dunnage racked against sweat battens or 
bulkheads shall not be used when the levels of such racks are above the 
safe reach of employees.
    (e) Coaming clearance. Dunnage, hatch beams, tarpaulins or gear not 
in use shall be stowed no closer than three feet (.91 m) to the port 
and starboard sides of the weather deck hatch coaming.
    (f) Nails. (1) Nails that are protruding from shoring or fencing in 
the work area shall be rendered harmless.
    (2) Dunnage, lumber, or shoring material in which there are visibly 
protruding nails shall be removed from the work area, or, if left in 
the area, the nails shall be rendered harmless.
    (g) Ice aloft. Employees shall be protected from ice that may fall 
from aloft.


Sec. 1918.92  Illumination.

    (a) Walking, working, and climbing areas. Walking, working, and 
climbing areas shall be illuminated. Unless conditions described in the 
regulations of the U.S. Coast Guard (33 CFR 154.570) exist for specific 
operations, illumination for cargo transfer operations shall be of a 
minimum light intensity of five foot-candles (54 lux). Where work tasks 
require more light to be performed safely, supplemental lighting shall 
be used.
    (b) Intensity measurement. The lighting intensity shall be measured 
at the task/working surface, in the plane in which the task/working 
surface is present.
    (c) Arrangement of lights. Lights shall be arranged so that they do 
not shine into the eyes of winch-drivers, crane operators or hatch 
tenders. On Ro-Ro ships, stationary lights shall not shine directly 
into the eyes of drivers.
    (d) Portable lights. Portable lights shall meet the following 
requirements:
    (1) Portable lights shall be equipped with substantial reflectors 
and guards to prevent materials from coming into contact with the bulb.
    (2) Flexible electric cords used with temporary lights shall be 
designed by the manufacturer for hard or extra-hard usage. Temporary 
and portable lights shall not be suspended by their electric cords 
unless the cords and lights are designed for this means of suspension. 
Connections and insulation shall be maintained in safe condition.
    (3) Electric conductors and fixtures for portable lights shall be 
so arranged as to be free from contact with drafts, running gear, and 
other moving equipment.
    (4) Portable cargo lights furnished by the employer for use aboard 
vessels shall be listed as approved for marine use by the U.S. Coast 
Guard or by a nationally recognized testing laboratory (see 
Sec. 1910.7).
    (e) Entry into darkened areas. Employees shall not be permitted to 
enter dark holds, compartments, decks or other spaces without a 
flashlight or other portable light. The use of matches or open flames 
is prohibited.


Sec. 1918.93  Hazardous atmospheres and substances (See also 
Sec. 1918.2).

    (a) Purpose and scope. This section covers areas in which the 
employer knows, or has reason to believe, that a hazardous atmosphere 
or substance may exist, except where one or more of the following 
sections apply: Sec. 1918.94(a), Carbon monoxide; Sec. 1918.94(b), 
Fumigated grains; Sec. 1918.94(c), Fumigated tobacco; Sec. 1918.94(d), 
Other fumigated cargoes; Sec. 1918.94(e), Catch of menhaden and similar 
species of fish.
    (b) Determination of the hazard. When the employer knows, or has 
reason to believe, that a space on a vessel contains or has contained a 
hazardous atmosphere, a designated and appropriately equipped person 
shall test the atmosphere prior to employee entry to detect whether a 
hazardous atmosphere exists.
    (c) Testing during ventilation. When mechanical ventilation is used 
to maintain a safe atmosphere, tests shall be made by a designated 
person to ensure that the atmosphere is not hazardous.
    (d) Entry into hazardous atmospheres. Only designated persons shall 
enter hazardous atmospheres, in which case the following provisions 
shall apply:
    (1) Persons entering a space containing a hazardous atmosphere 
shall be protected by respiratory and emergency protective equipment 
meeting the requirements of subpart J of this part;
    (2) Persons entering a space containing a hazardous atmosphere 
shall be instructed about the hazards, precautions to be taken, and the 
use of protective and emergency equipment. Standby observers, similarly 
equipped and instructed, shall continuously monitor the activity of 
employees within such space;
    (3) Except in emergency or rescue operations, employees shall not 
enter any atmosphere identified as flammable or oxygen-deficient (less 
than 19.5% oxygen). Persons who may be required to enter flammable or 
oxygen-deficient atmospheres in emergency operations shall be 
instructed in the dangers attendant to those atmospheres and be 
instructed in the use of self-contained breathing apparatus which shall 
be used for entry.
    (4) To prevent inadvertent employee entry into spaces identified as 
having hazardous, flammable or oxygen-deficient atmospheres, 
appropriate warning signs or equivalent means shall be posted at all 
means of access to those spaces.
    (e) Asbestos cargo leak. When the packaging of asbestos cargo 
leaks, spillage shall be cleaned up by designated employees protected 
from the harmful effects of asbestos as required by Sec. 1910.1001 of 
this chapter.

[[Page 40220]]

Sec. 1918.94  Ventilation and atmospheric conditions (See also 
Sec. 1918.2, definition of Hazardous cargo, materials, substance or 
atmospheres).

    (a) Ventilation with respect to carbon monoxide. (1) When internal 
combustion engines exhaust into a hold, intermediate deck, or any other 
compartment, the employer shall ensure that the atmosphere is tested as 
frequently as needed to prevent carbon monoxide (CO) concentrations 
from exceeding allowable limits. Such tests shall be made in the area 
in which employees are working by persons competent in the use of the 
test equipment and procedures. If operations are in a deep tank or 
refrigerated compartment, the first test shall be made within one half 
hour of the time the engine starts. To decide the need for further 
testing, the initial test in all other cargo handling areas shall be 
taken no later than one hour after the time the engine starts.
    (i) The CO content of the atmosphere in a compartment, hold, or any 
enclosed space shall be maintained at not more than 50 parts per 
million (ppm) (0.005%) as an eight hour average area level and 
employees shall be removed from the enclosed space if the CO 
concentration exceeds a ceiling of 100 ppm (0.01%). Exception: The 
ceiling shall be 200 ppm (0.02%) instead of 100 ppm (0.01%) for Ro-Ro 
operations \12\
---------------------------------------------------------------------------

    \12\ Ro-Ro operations occur only on Ro-Ro vessels which are 
vessels whose cargo is driven on or off the vessel by way of ramps 
and moved within the vessel by way of ramps and/or elevators.

    Note to paragraph (a)(1)(i): The term eight hour average area 
level means that for any period in which the concentration exceeds 
50 parts per million, the concentration shall be maintained for a 
---------------------------------------------------------------------------
corresponding period below 50 parts per million.

    (ii) When both natural ventilation and the vessel's ventilation 
system are inadequate to keep the CO concentration within the allowable 
limits, the employer shall use supplementary means to bring such 
concentration within allowable limits, as determined by monitoring.
    (2) The intakes of portable blowers and any exposed belt drives 
shall be guarded to prevent injury to employees.
    (3) The frames of portable blowers shall be grounded at the source 
of the current by means of an equipment grounding conductor run with or 
enclosing the circuit conductors. When the vessel is the source of the 
current, the equipment grounding conductor shall be bonded to the 
structure of the vessel. Electric cords shall be free from visible 
defects.
    (b) Fumigated grains. (1) Before commencing to handle bulk grain in 
any compartment of a vessel in which employees will or may be present, 
the employer shall:
    (i) Determine whether the grain has been or will be fumigated at 
the elevator; and
    (ii) Determine whether that compartment, or any cargo within it 
loaded at a prior berth, has been treated with a fumigant or any other 
chemical.
    (2) If fumigant or chemical treatment has been carried out, or if 
there is reason to suspect that such treatment has been carried out, it 
shall be determined by atmospheric testing that the compartment's 
atmosphere is within allowable limits. (See paragraph (b)(3) of this 
section.)
    (3) A test of the fumigant concentration in the atmosphere of the 
compartment shall be made after loading begins and before employees 
enter the compartment. Additional tests shall be made as often as 
necessary to ensure that hazardous concentrations do not develop.
    (i) Tests for fumigant concentration shall be conducted by a 
designated person, who shall be thoroughly familiar with the 
characteristics of the fumigant being used, the correct procedure for 
measurement, the proper measuring equipment to be used, the fumigant 
manufacturers' recommendations and warnings, and the proper use of 
personal protective equipment to guard against the specific hazard.
    (ii) If the concentration in any compartment reaches the level 
specified as hazardous by the fumigant manufacturer, or exceeds the 
permissible exposure limits of part 1910, subpart Z of this chapter, 
whichever is lower, all employees shall be removed from such 
compartments and shall not be permitted to reenter until tests prove 
that the atmosphere is within allowable limits.
    (iii) No employee shall be permitted to enter any compartment in 
which grain fumigation has been carried out, or any compartment 
immediately next to such a compartment, until it has been determined by 
testing that the atmosphere in the compartment to be entered is within 
allowable limits for entry.
    (iv) In the event a compartment containing a hazardous or unknown 
concentration of fumigants must be entered for testing of the 
atmosphere, or for emergency purposes, each employee entering shall be 
protected by respiratory protective equipment following the provisions 
of Sec. 1918.102, and by any protective clothing and other personal 
protective equipment recommended by the fumigant manufacturer for 
protection against the particular hazard. At least two other employees 
shall be stationed outside the compartment as observers, to provide 
rescue services in case of emergency. The observers shall be equipped 
with similar personal protective equipment.
    (v) One or more employees on duty shall be equipped and trained to 
provide any specific emergency medical treatment stipulated for the 
particular fumigant.
    (vi) Emergency equipment required by this paragraph shall be 
readily accessible wherever fumigated grains are being handled.
    (4) If a compartment is treated for local infestation before 
loading grain by a chemical other than a fumigant, the employee 
applying the treatment, and any other employees entering the 
compartment, shall be provided with and required to use any personal 
protective equipment recommended by the manufacturer of the product to 
protect them against the effects of exposure.
    (c) Fumigated tobacco. The employer shall not load break-bulk 
tobacco until the carrier has provided written notification about 
whether or not the cargo has been fumigated. If break-bulk tobacco 
cargo has been treated with any toxic fumigant, loading shall not 
commence until a written warranty has been received from the fumigation 
facility that the aeration of the cargo has been such as to reduce the 
concentration of the fumigant to within the level specified as 
hazardous by the fumigant manufacturer, or does not exceed the 
permissible exposure limits of part 1910, subpart Z of this chapter, 
whichever is lower. Such notification and warranty shall be maintained 
for at least 30 days after the loading of the tobacco has been 
completed, and shall be available for inspection.
    (d) Other fumigated cargoes. Before commencing to load or discharge 
fumigated cargo other than the cargo specifically addressed in 
paragraphs (b) and (c) of this section, the employer shall determine 
that the concentration of fumigants is within the level specified as 
hazardous by the fumigant manufacturer, or does not exceed the 
permissible exposure limits of part 1910, subpart Z of this chapter, 
whichever is lower.
    (e) Grain dust. When employees are exposed to concentrations of 
grain dust greater than the allowable limit found in subpart Z of part 
1910 of this chapter, they shall be protected by suitable respiratory 
protective equipment as required by Sec. 1918.102.
    (f) Catch of menhaden and similar species of fish. (1) The 
provisions of this

[[Page 40221]]

paragraph shall not apply to vessels having and utilizing refrigerated 
holds for the carriage of all cargo.
    (2) After a vessel has arrived at berth for discharge of menhaden, 
but before personnel enter the hold, and as frequently thereafter as 
tests show to be necessary, tests shall be made of the atmosphere in 
the vessel's hold to ensure a safe work space. The tests shall be done 
for the presence of hydrogen sulfide and for oxygen deficiency.
    (3) Tests required by paragraph (f)(2) of this section shall be 
made by designated supervisory personnel, trained and competent in the 
nature of hazards and the use of test equipment and procedures.
    (4) Before employees enter a hold it shall be tested for hydrogen 
sulfide and oxygen deficiency. Employees shall not enter the hold when 
the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen 
content is less than 19.5 percent, except in emergencies.


Sec. 1918.95  Sanitation.

    (a) Washing and toilet facilities. (1) Accessible washing and 
toilet facilities sufficient for the sanitary requirements of employees 
shall be readily accessible at the worksite. The facilities shall have:
    (i) Running water, including hot and cold or tepid water, at a 
minimum of one accessible location (when longshoring operations are 
conducted at locations without permanent facilities, potable water may 
be provided instead of running water);
    (ii) Soap;
    (iii) Individual hand towels, clean individual sections of 
continuous toweling, or warm air blowers; and
    (iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male 
and female employees unless toilet rooms will be occupied by only one 
person at a time.
    (2) Washing and toilet facilities shall be regularly cleaned and 
maintained in good order.
    (b) Drinking water. (1) Potable drinking water shall be accessible 
to employees at all times.
    (2) Potable drinking water containers shall be clean, containing 
only water and ice, and shall be fitted with covers.
    (3) Common drinking cups are prohibited.
    (c) Prohibited eating areas. Consumption of food or beverages in 
areas where hazardous materials are stowed or being handled is 
prohibited.
    (d) Garbage and overboard discharges. Work shall not be conducted 
close to uncovered garbage or in the way of overboard discharges from 
the vessel's sanitary lines unless employees are protected from the 
garbage or discharge by a baffle or splash boards.


Sec. 1918.96  Maintenance and repair work in the vicinity of 
longshoring operations.

    (a) Noise interference (See also Sec. 1918.1(b)(6).) Longshoring 
operations shall not be carried on when noise interferes with 
communications of warnings or instructions.
    (b) Falling objects. Longshoring operations shall not be carried on 
in the hold or on deck beneath work being conducted overhead whenever 
such work exposes the employee to a hazard of falling objects.
    (c) Hot work. Longshoring operations shall not be carried on where 
the employee is exposed to damaging light rays, hot metal, or sparks 
from welding or cutting.
    (d) Abrasive blasting and spray painting. Longshoring operations 
shall not be carried on in the immediate vicinity of abrasive blasting 
or spray painting operations.
    (e) Machine guarding. (See also Sec. 1918.2, definition of ``Danger 
zone''.)
    (1) Danger zones on machines and equipment used by employees shall 
be guarded.
    (2) The power supply to machines shall be turned off, locked out, 
and tagged out during repair, adjustment, or servicing.


Sec. 1918.97  First aid and lifesaving facilities. (See Appendix V of 
this part).

    (a) Injury reporting. The employer shall require each employee to 
report every work-related injury, regardless of severity, to the 
employer.
    (b) First aid. A first aid kit shall be available at or near each 
vessel being worked. At least one person holding a valid first aid 
certificate, such as is issued by the Red Cross or other equivalent 
organization, shall be available to render first aid when work is in 
progress.
    (c) First aid kits. First aid kits shall be weatherproof and shall 
contain individual sealed packages for each item that must be kept 
sterile. The contents of each kit shall be determined by a person 
certified in first aid and cognizant of the hazards found in marine 
cargo handling operations. The contents shall be checked at intervals 
that allow prompt replacement of expended items.
    (d) Stretchers. (1) For each vessel being worked, at least one 
Stokes basket stretcher, or its equivalent, shall be available to be 
permanently equipped with bridles for attachment to the hoisting gear.
    (2) Stretchers shall be kept close to vessels and shall be 
positioned to avoid damage to the stretcher.
    (3) A blanket or other suitable covering shall be available.
    (4) Stretchers shall have at least four sets of effective patient 
restraints in operable condition.
    (5) Lifting bridles shall be of adequate strength, capable of 
lifting 1,000 pounds (454 kg) with a safety factor of five (lifting 
capability of 5,000 pounds), and shall be maintained in operable 
condition. Lifting bridles shall be provided for making vertical 
patient lifts at container berths. Stretchers for vertical lifts shall 
have foot plates.
    (6) Stretchers shall be maintained in operable condition. Struts 
and braces shall be inspected for damage. Wire mesh shall be secured 
and have no burrs. Damaged stretchers shall not be used until repaired.
    (7) Stretchers in permanent locations shall be mounted to prevent 
damage and be protected from the elements if located out-of-doors. If 
concealed from view, enclosures shall be marked to indicate the 
location of the lifesaving equipment.
    (e) Life-rings. (1) The employer shall ensure that there is in the 
vicinity of each vessel being worked at least one U.S. Coast Guard 
approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.4 m) 
of line attached, and at least one portable or permanent ladder that 
will reach from the top of the apron to the surface of the water.
    (2) In addition, when working a barge, scow, raft, lighter, log 
boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch 
(76.2 cm) life-ring, with no less than 90 feet (27.4 m) of line shall 
be provided either on the floating unit itself or aboard the ship in 
the immediate vicinity of each floating unit being worked.
    (f) Communication. Telephone or equivalent means of communication 
shall be readily available at the worksite.


Sec. 1918.98  Qualifications of machinery operators and supervisory 
training.

    (a) Qualification of machinery operators. (1) Only an employee 
determined by the employer to be competent by reason of training or 
experience, and who understands the signs, notices and operating 
instructions and is familiar with the signal code in use, shall be 
permitted to operate a crane, winch, or other power-operated cargo 
handling apparatus, or any power-operated vehicle, or give signals to 
the operator of any hoisting apparatus. However, an employee being 
trained and supervised by a designated person may operate such 
machinery and give signals to operators during training.

[[Page 40222]]

    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments that may suddenly incapacitate the employee, shall be 
permitted to operate a crane, winch or other power-operated cargo 
handling apparatus or a power-operated vehicle.

    Note to paragraph (a)(2): OSHA is defining suddenly 
incapacitating medical ailments consistent with the Americans with 
Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers 
who act in accordance with the employment provisions (Title I) of 
the ADA (42 U.S.C. 12111-12117), the regulations implementing Title 
I (29 CFR part 1630), and the Technical Assistance Manual for Title 
I issued by the Equal Employment Opportunity Commission (Publication 
number: EEOC-M1A), will be considered as being in compliance with 
this paragraph.

    (b) Supervisory accident prevention proficiency. (1) By July 16, 
1999, each immediate supervisor of a cargo handling operation of more 
than five persons shall satisfactorily complete a course in accident 
prevention.
    (2) Each employee newly assigned to supervisory duties after that 
date shall be required to meet the provisions of this paragraph within 
90 days of such assignment.
    (3) The accident prevention course shall consist of instruction 
suited to the particular operations involved.\13\
---------------------------------------------------------------------------

    \13\ The following are recommended topics: Safety responsibility 
and authority; elements of accidents prevention; attitudes, 
leadership and motivation; hazards of longshoring, including 
peculiar local circumstances; hazard identification and elimination; 
applicable regulations; and accident investigations.
---------------------------------------------------------------------------


Sec. 1918.99  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material that 
is required to be marked, labeled or placarded in accordance with the 
U.S. Department of Transportation's Hazardous Materials Regulations (49 
CFR parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residues and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight 
car, motor vehicle, or transport vehicle that is required to be marked 
or placarded in accordance with the Hazardous Materials Regulations 
shall retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials that require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages that will not be reshipped, the 
provisions of the section are met if a label or other acceptable 
marking is affixed in accordance with OSHA's Hazard Communication 
Standard (29 CFR 1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' has the same definition as in the Hazardous Materials 
Regulations (49 CFR parts 171 through 180).


Sec. 1918.100  Emergency action plans.

    (a) Scope and application. This section requires all employers to 
develop and implement an emergency action plan.\14\ The emergency 
action plan shall be in writing (except as provided in the last 
sentence of paragraph (e)(iii) of this section) and shall cover those 
designated actions employers and employees must take to ensure employee 
safety from fire and other emergencies.
---------------------------------------------------------------------------

    \14\ When an employer directs his employees to respond to an 
emergency that is beyond the scope of the Emergency Action Plan 
developed in accordance with this section Sec. 1910.120(q) shall 
apply.
---------------------------------------------------------------------------

    (b) Elements. The following elements, at a minimum, shall be 
included in the plan:
    (1) Emergency escape procedures and emergency escape route 
assignments;
    (2) Procedures to be followed by employees who remain to operate 
critical operations before they evacuate;
    (3) Procedures to account for all employees after emergency 
evacuation has been completed;
    (4) Rescue and medical duties for those employees who are to 
perform them;
    (5) The preferred means of reporting fires and other emergencies; 
and
    (6) Names or regular job titles of persons or departments that can 
be contacted for further information or explanation of duties under the 
plan.
    (c) Alarm system. The employer shall establish an employee alarm 
system that provides warning for necessary emergency action or for 
reaction time for safe escape of employees from the workplace or the 
immediate work area, or both.
    (d) Evacuation. The employer shall establish the types of 
evacuation to be used in emergency circumstances.
    (e) Training. (1) Before implementing the emergency action plan, 
the employer shall designate and train a sufficient number of persons 
to assist in the safe and orderly emergency evacuation of employees.
    (2) The employer shall review the plan with each employee covered 
by the plan at the following times:
    (i) Initially when the plan is developed;
    (ii) Whenever the employee's responsibilities or designated actions 
under the plan change; and
    (iii) Whenever the plan is changed.
    (3) The employer shall review with each employee upon initial 
assignment those parts of the plan that the employee must know to 
protect the employee in the event of an emergency. The written plan 
shall be kept at the workplace and made available for employee review. 
Employers with 10 or fewer employees may communicate the plan orally to 
employees and need not maintain a written plan.

Subpart J--Personal Protective Equipment


Sec. 1918.101  Eye and face protection.

    (a) The employer shall ensure that:
    (1) Each affected employee uses appropriate eye and/or face 
protection where there are exposures to eye and/or face hazards. Such 
equipment shall comply with American National Standards Institute, ANSI 
Z-87.1-1989, ``Practice for Occupational and Educational Eye and Face 
Protection.''
    (2) For an employee wearing corrective glasses, eye protection 
equipment required by paragraph (a)(1) of this section shall be of the 
type that can be worn over glasses. Prescription-ground safety lenses 
may be substituted if they provide equivalent protection.
    (b) Eye protection shall be maintained in good condition.
    (c) Used eye protection shall be cleaned and disinfected before 
issuance to another employee.


Sec. 1918.102  Respiratory protection.

    See Sec. 1918.1(b)(12).


Sec. 1918.103  Head protection.

    (a) The employer shall ensure that each affected employee wears a 
protective helmet when working in areas where there is a potential for 
injury to the head from falling objects.
    (b) Such equipment shall comply with American National Standards 
Institute, ANSI Z-89.1-1986, ``Personnel Protection-Protective Headwear 
for Industrial Workers-Requirements.''
    (c) Previously worn protective hats shall be cleaned and 
disinfected before issuance by the employer to another employee.

[[Page 40223]]

Sec. 1918.104  Foot protection.

    (a) The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b) Such equipment shall comply with American National Standards 
Institute, ANSI Z-41-1991, ``American National Standard for Personal 
Protection-Protective Footwear.''


Sec. 1918.105  Other protective measures.

    (a) Protective clothing. (1) The employer shall provide and shall 
require the wearing of special protective clothing for each employee 
engaged in work where protective clothing is necessary.
    (2) When necessary, protective clothing shall be cleaned and 
disinfected before reissuance.
    (b) Personal flotation devices (PFDs). (1) The employer shall 
provide and shall require the wearing of PFDs for each employee engaged 
in work in which the employee might fall into the water.
    (2) PFDs (life preservers, life jackets, and work vests) worn by 
each affected employee shall be any United States Coast Guard (USCG) 
approved and marked Type I PFD, Type II PFD or Type III PFD; or shall 
be a USCG approved Type V PFD that is marked for use as a work vest, 
for commercial use, or for use on vessels. USCG approval is pursuant to 
46 CFR part 160, Coast Guard Lifesaving Equipment Specifications.
    (3) Personal flotation devices shall be maintained in safe 
condition and shall be considered unserviceable when damaged in a 
manner that affects buoyancy or fastening capability.

Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-
mandatory)

    Note: This Appendix is non-mandatory and provides guidance to 
part 1918 to assist employers and employees in complying with the 
requirements of this standard, as well as to provide other helpful 
information. Nothing in this Appendix adds or detracts from any of 
the requirements of this standard. The language in this appendix is 
taken directly from the recommended ILO document.

Form No. 1

Identity of National Authority or Competent Organization

Register of Ships' Lifting Appliances and Cargo Handling Gear

Name of Ship-----------------------------------------------------------

Official Number--------------------------------------------------------

Call Sign--------------------------------------------------------------

Port of Registry-------------------------------------------------------

Name of Owner----------------------------------------------------------

Register Number--------------------------------------------------------

Date of Issue----------------------------------------------------------

Issued by--------------------------------------------------------------

Signature and Stamp----------------------------------------------------

    Note: This register is the standard international form as 
recommended by the International Labour Office in accordance with 
the ILO Convention No. 152.

General

    The tests, examinations and inspections indicated in this 
register are based on the requirements of ILO Convention 152 and 
Recommendation 160. They are intended to ensure that ships having 
lifting appliances are initially certified by a competent person, 
and to establish periodically that they continue to be in safe 
working order to the satisfaction of a competent person acceptable 
to a competent authority. A Register of lifting appliances and items 
of loose gear shall be kept in a form prescribed by the competent 
authority, account being taken of this model recommended by the 
International Labour Office. This Register and related certificates 
shall be kept available to any person authorized by the competent 
authority. The Register and certificates for gear currently aboard 
the ship shall be preserved for at least five years after the date 
of the last entry.

Instruction

1. Initial Examination and Certification

    1.1. Every lifting appliance shall be certified by a competent 
person before being taken into use for the first time to ensure that 
it is of good design and construction and of adequate strength for 
the purpose for which it is intended.
    1.2. Before being taken into use for the first time, a competent 
person shall supervise and witness testing, and shall thoroughly 
examine every lifting appliance.
    1.3. Every item of loose gear shall, before being taken into use 
for the first time, shall be tested, thoroughly examined and 
certified by a competent person, in accordance with national law or 
regulations.
    1.4. Upon satisfactory completion of the procedures indicated 
above, the competent person shall complete and issue the Register of 
lifting appliances and attach the appropriate certificates. An entry 
shall be made in part I of the Register.
    1.5. A rigging plan showing the arrangement of lifting 
appliances shall be provided. In the case of derricks and derrick 
cranes, the rigging should show at least the following information:
    (a) The position of guys;
    (b) The resultant force on blocks, guys, wire ropes and booms;
    (c) The position of blocks;
    (d) The identification mark of individual items; and
    (e) Arrangements and working range of union purchase.

2. Periodic Examination and Re-testing

    2.1. All lifting appliances and every item of loose gear shall 
be thoroughly examined by a competent person at least once in every 
twelve months. The particulars of these thorough examinations shall 
be entered in part I of the Register.
    2.2. Re-testing and thorough examination of all lifting 
appliances and every item of loose gear is to be carried out:
    (a) after any substantial alteration or renewal, or after repair 
to any stress bearing part, and
    (b) in the case of lifting appliances, at least once in every 
five years.
    2.3. The retesting referred to in paragraph 2.2(a) may be 
omitted provided the part which has been renewed or repaired is 
subjected by separate test, to the same stress as would be imposed 
on it if it had been tested in-situ during the testing of the 
lifting appliance.
    2.4. The thorough examinations and tests referred to in 
paragraph 2.2. are to be entered in part I of the Register.
    2.5. No new item of loose gear shall be manufactured of wrought 
iron. Heat treatment of any existing wrought iron components should 
be carried out to the satisfaction of the competent person. No heat 
treatment should be applied to any item of loose gear unless the 
treatment is in accordance with the manufacturer's instruction; and 
to the satisfaction of the competent person. Any heat treatment and 
the associated examination are to be recorded by the competent 
person in part I of the Register.

3. Inspections

    3.1. Regular visual inspections of every item of loose gear 
shall be carried out by a responsible person before use. A record of 
these regular inspections is to be entered in part II of the 
Register, but entries need only be made when the inspection has 
indicated a defect in the item.

4. Certificates

    4.1. The certification forms to be used in conjunction with this 
Register (Form No. 1) are as follows:
    (Form No. 2)--Certificate of test and thorough examination of 
lifting appliance.
    (Form No. 2(U))--Certificate of test and thorough examination of 
derricks used in union purchase.
    (Form No. 3)--Certificate of test and thorough examination of 
loose gear.
    (Form No. 4)--Certificate of test and thorough examination of 
wire rope.

Definitions

    (a) The term ``competent authority'' means a minister, 
government department, or other authority empowered to issue 
regulations, orders or other instructions having the force of law.
    (b) The term ``competent person'' means a person appointed by 
the master of the ship or the owner of the gear to be responsible 
for the performance of inspections and who has sufficient knowledge 
and experience to undertake such inspections.
    (c) The term ``thorough examination'' means a detailed visual 
examination by a competent person, supplemented if necessary by 
other suitable means or measures in order to arrive at a reliable 
conclusion as to the safety of the lifting appliance or item of 
loose gear examined.
    (d) The term ``lifting appliance'' covers all stationary or 
mobile cargo handling appliances used on board ship for

[[Page 40224]]

suspending, raising or lowering loads or moving them from one 
position to another while suspended or supported.
    (e) The term ``loose gear'' covers any gear by means of which a 
load can be attached to a lifting appliance, but which does not form 
an integral part of the appliance or load.

                    The Following Are Sample Forms of Certificates as Recommended by the ILO                    
                       [Part I--Thorough Examination of Lifting Appliances and Loose Gear]                      
                                                                                                                
                                                                    I certify that on the                       
                                                                     date to which I have                       
                                                                         appended my                            
                                                                     signature, the gear                        
 Situation and description of                                       shown in col. (1) was                       
 lifting appliances and loose                                        thoroughly examined                        
   gear (with distinguishing    Certificate  Examination performed      and no defects      Remarks (to be dated
   numbers or marks, if any)        Nos.          (see note 2)        affecting its safe        and signed)     
  which have been thoroughly                                          working condition                         
    examined. (See note 1)                                          were found other than                       
                                                                     those shown in col.                        
                                                                        (5) (date and                           
                                                                          signature)                            
(1)                                     (2)  (3)..................  (4)..................  (5)                  
----------------------------------------------------------------------------------------------------------------
                                ...........  .....................  .....................  .....................
                                ...........  .....................  .....................  .....................
                                ...........  .....................  .....................  .....................
----------------------------------------------------------------------------------------------------------------
Note 1: If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in
  Col. (1) ``All lifting appliances and loose gear''. If not, the parts that have been thoroughly examined on   
  the dates stated must be clearly indicated.                                                                   
Note 2: The thorough examinations to be indicated in Col. (3) include:                                          
  (a) Initial.                                                                                                  
  (b) 12 monthly.                                                                                               
  (c) 5 yearly.                                                                                                 
  (d) Repair/Damage.                                                                                            
  (e) Other thorough examinations.                                                                              


                                                                        
              [Part II--Regular Inspections of Loose Gear]              
------------------------------------------------------------------------
Situation and description of                                            
      loose gear (with         Signature and date                       
  distinguishing numbers or    of the responsible   Remarks (to be dated
marks, if any) that has been   person carrying out       and signed)    
  inspected.  (See note 1)       the inspection                         
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------
 Note 1: All loose gear should be inspected before use. However, entries
  need only be made when the inspection discloses a defect.             

Form No. 2

Identity of National Authority or Competent Organization

Certificate of Test and Thorough Examination of Lifting Appliances

Name of Ship-----------------------------------------------------------

Official Number--------------------------------------------------------

Call Sign--------------------------------------------------------------

Port of Registry-------------------------------------------------------

Name of Owner----------------------------------------------------------

Certificate No.--------------------------------------------------------

                                                                                                                
   Situation and description of                                                                                 
     lifting appliances (with       Angle to the horizontal                               Safe working load at  
 distinguishing numbers or marks,   or radius at which test      Test load (tonnes)     angle or radius shown in
  if any) which have been tested          load applied                                       col. 2 (tonnes)    
     and thoroughly examined                                                                                    
(1)                                (2)......................  (3).....................  (4)                     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that on the date to which I have appended my 
signature, the gear shown in Col. (1) was tested and thoroughly 
examined and no defects or permanent deformation was found and that 
the safe working load is as shown.

Date:------------------------------------------------------------------

Place:-----------------------------------------------------------------

Signature:-------------------------------------------------------------

    Note: This certificate is the standard international form as 
recommended by the International Labor Office in accordance with ILO 
Convention No. 152.

[[Page 40225]]

Reverse of Form No. 2

Instructions

    1. Every lifting appliance shall be tested with a test load 
which shall exceed the Safe Working Load (SWL) as follows:

------------------------------------------------------------------------
                  SWL                               Test load           
------------------------------------------------------------------------
Up to 20 tonnes........................  25 percent in excess.          
20 to 50 tonnes........................  5 tonnes in excess.            
Over 50 tonnes.........................  10 percent in excess.          
------------------------------------------------------------------------

    2. In the case of derrick systems, the test load shall be lifted 
with the ship's normal tackle with the derrick at the minimum angle 
to the horizontal for which the derrick system was designed 
(generally 15 degrees), or at such greater angle as may be agreed. 
The angle at which the test was made should be stated in the 
certificate.
    2.1. The SWL shown is applicable to swinging derrick systems 
only. When derricks are used in union purchase, the SWL (U) is to be 
shown on Form 2 (U).
    2.2. In the case of heavy derricks, care should be taken to 
ensure that the appropriate stays are correctly rigged.
    3. In the case of cranes, the test load is to be hoisted and 
luffed at slow speed. Gantry and traveling cranes together with 
their trolleys, where appropriate, are to be traversed and traveled 
over the full length of their track.
    3.1. In the case of variable load-radius cranes, the tests are 
generally to be carried out with the appropriate test load at 
maximum, minimum and intermediate radii.
    3.2. In the case of hydraulic cranes where limitations of 
pressure make it impossible to lift a test load 25 percent in excess 
of the safe working load, it will be sufficient to lift the greatest 
possible load, but in general this should not be less than 10 
percent in excess of the safe working load.
    4. As a general rule, tests should be carried out using test 
loads, and no exception should be allowed in the case of initial 
tests. In the case of repairs/replacement or when the periodic 
examination calls for re-test, consideration may be given to the use 
of spring or hydraulic balances provided the SWL of the lifting 
appliance does not exceed 15 tonnes. Where a spring or hydraulic 
balance is used, it shall be calibrated and accurate to within 
2 percent and the indicator should remain constant for 
five minutes.
    4.1. If the test weights are not used, this is to be indicated 
in Col. (3).
    5. The expression ``tonne'' shall mean a tonne of 1000 kg.
    6. The terms ``competent person'', ``thorough examination'', and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures reference may be 
made to the ILO document ``Safety and Health in Dock Work''.

Form No. 2(U)

Identity of National Authority or Competent Organization

Certificate of Test and Thorough Examination of Derricks Used in Union 
Purchase

Name of Ship-----------------------------------------------------------

Official Number--------------------------------------------------------

Call Sign--------------------------------------------------------------

Port of Registry-------------------------------------------------------

Name of Owner----------------------------------------------------------

Certificate No.--------------------------------------------------------

                                                                                                                
   Situation and description of                                                                                 
 derricks used in Union Purchase    Max. height of triangle                              Safe working load, SWL 
 (with distinguishing numbers or   plate above hatch coaming     Test load (tonnes)      when operating in union
marks) which have been tested and  (m) or max. angle between                                purchase (tonnes)   
       thoroughly examined                  runners                                                             
(1)                                (2)......................  (3).....................  (4)                     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

Position of outboard preventer guy attachments:
    (a) forward/aft * of mast--(m) and
    (b) from ship's centerline--(m)
Position of inboard preventer guy attachments:
    (a) forward/aft * of mast--(m) and
    (b) from ship's centerline--(m)

    * Delete as appropriate.
    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination

----------------------------------------------------------------------

----------------------------------------------------------------------
    I certify that on the date to which I have appended my 
signature, the gear shown in Col. (1) was tested and thoroughly 
examined and no defects or permanent deformation was found and that 
the safe working load is as shown.

Date:------------------------------------------------------------------

Signature:-------------------------------------------------------------

Place:-----------------------------------------------------------------

    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with 
ILO Convention No. 152.

Reverse Form No. 2 (U)

Instructions

    1. Before being taken into use, the derricks rigged in Union 
Purchase shall be tested with a test load which shall exceed the 
Safe Working Load (SWL (U)) as follows:

------------------------------------------------------------------------
                  SWL                               Test load           
------------------------------------------------------------------------
Up to 20 tonnes........................  25 percent in excess.          
20 to 50 tonnes........................  5 tonnes in excess.            
Over 50 tonnes.........................  10 percent in excess.          
------------------------------------------------------------------------

    2. Tests are to be carried out at the approved maximum height of 
the triangle plate above the hatch coaming or at the angle between 
the cargo runners and with the derrick booms in their working 
positions, to prove the strength of deck eye plates and the Union 
Purchase system. These heights or angles must not exceed the values 
shown on the rigging plan.
    3. Tests should be carried out using test loads.
    4. The expression ``tonne'' shall mean a tonne of 1000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures, reference may be 
made to the ILO document ``Safety and Health in Dock Work''.

Form 3

Identity of National Authority or Competent Organization

Certificate of Test and Thorough Examination of Loose Gear

Name of Ship-----------------------------------------------------------

Official Number--------------------------------------------------------

Call Sign--------------------------------------------------------------

Port of Registry-------------------------------------------------------

Name of Owner----------------------------------------------------------

Certificate No.--------------------------------------------------------


[[Page 40226]]

-----------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                 Description                                          Safe work 
         Distinguishing number or mark             of loose      Number      Date of     Test load    load (SWL)
                                                     gear        tested        test       (tonnes)     (tonnes) 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

    Name and address of makers or suppliers:
    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that the above items of loose gear were tested and 
thoroughly examined and no defects affecting their SWL were found.

Date:------------------------------------------------------------------

Place:-----------------------------------------------------------------

Signature:-------------------------------------------------------------

    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with 
ILO Convention No. 152.

Reverse Form No. 3

Instructions

    1. Every item of loose gear is to be tested and thoroughly 
examined before being put into use for the first time and after any 
substantial alteration or repair to any part liable to affect its 
safety. The test loads to be applied shall be in accordance with the 
following table:

------------------------------------------------------------------------
                   Item                          Test load (tonnes)     
------------------------------------------------------------------------
Single sheave blocks (See Note 1).........  4  x  SWL                   
Multi sheave blocks (See Note 2):                                       
    SWL < 25 tonnes.......................  2  x  SWL                   
    25 tonnes < SWL  160 tonnes  (0.933  x  SWL) + 27        
    SWL > 160 tonnes......................  1.1  x  SWL                 
Chains, hooks, rings, shackles, swivels,                                
 etc.:                                                                  
    SWL < 25 tonnes.......................  2  x  SWL                   
    SWL > 25 tonnes.......................  (1.22  x  SWL) + 20         
Lifting beams, spreaders, frames and                                    
 similar devices:                                                       
    SWL  10 tonnes.............  2  x  SWL                   
    10 tonnes < SWL  160 tonnes  (1.04  x  SWL) + 9.6        
    SWL > 160 tonnes......................  1.1  x  SWL                 
------------------------------------------------------------------------

    Note: 1. The SWL for a single sheave block, including single 
sheave blocks with beckets, is to be taken as one-half of the 
resultant load on the head fitting.
    2. The SWL of a multi-sheave block is to be taken as the 
resultant load on the head fitting.
    3. This form may also be used for the certification of 
interchangeable components of lifting appliances.
    4. The expression ``ton'' shall mean a ton of 1,000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``loose gear'' are defined in Form No. 1.
    Note: For recommendations on test procedures reference may be 
made to the ILO document ``Safety and Health in Dock Work''.

Form No. 4

Identity of National Authority or Competent Organization

Certificate of Test and Thorough Examination of Wire Rope

Name of Ship-----------------------------------------------------------

Official Number--------------------------------------------------------

Call Sign--------------------------------------------------------------

Port of Registry-------------------------------------------------------

Name of Owner----------------------------------------------------------

Certificate No.--------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
         Name and address of maker or supplier                                                                  
----------------------------------------------------------------------------------------------------------------
Nominal diameter of rope (mm)                                                                                   
Number of strands                                                                                               
Number of wires per strand                                                                                      
Core                                                                                                            
Lay                                                                                                             
Quality of wire (N/mm\2\)                                                                                       
Date of test of sample                                                                                          
Load at which sample broke (tonnes)                                                                             
Safe working load of rope (tonnes)                                                                              
Intended use                                                                                                    
----------------------------------------------------------------------------------------------------------------

    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that the above particulars are correct, and that the 
rope was tested and thoroughly examined and no defects affecting its 
SWL were found.

Date:------------------------------------------------------------------

Place:-----------------------------------------------------------------

Signature:-------------------------------------------------------------

    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with 
ILO Convention No. 152.

Reverse Form No. 4

Instructions

    1. Wire rope shall be tested by sample, a piece being tested to 
destruction.
    2. The test procedure should be in accordance with an 
International or recognized National standard.

[[Page 40227]]

    3. The SWL of the rope is to be determined by dividing the load 
at which the sample broke, by a co-efficient of utilization, 
determined as follows:

------------------------------------------------------------------------
                   Item                              Coefficient        
------------------------------------------------------------------------
Wire rope forming part of a sling:                                      
    SWL of the sling......................  5                           
    SWL < 10 tonnes.......................  10 \5\                      
                                           -----------------------------
    10 tonnes < SWL  160 tonnes  (8.85  x  SWL) + 1910       
    SWL > 160 tonnes......................  3                           
Wire rope as integral part of a lifting                                 
 appliance:                                                             
    SWL of lifting appliance..............  10 \4\                      
                                           -----------------------------
    SWL  160 tonnes............  (8.85  x  SWL) + 1910       
    SWL > 160 tonnes......................  3                           
------------------------------------------------------------------------

    These coefficients should be adopted unless other requirements 
are specified by a National Authority.
    4. The expression ``tonne'' shall mean a tonne of 1000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures reference may be 
made to the ILO document ``Safety and Health in Dock Work''.

Appendix II to Part 1918--Tables for Selected Miscellaneous Auxiliary 
Gear (Mandatory)

    Note: This Appendix is mandatory and is to be used in the 
appropriate sections of part 1918 when certificates or the 
manufacturers' use recommendations are not available.

                        Table 1.--Wire Rope Clips                       
------------------------------------------------------------------------
  Improved plow steel, rope    Minimum number of clips   Minimum spacing
------------------------------------------------------------------------
                                              Other                     
         Inches (cm)          Drop forged    material      Inches (cm)  
------------------------------------------------------------------------
\1/2\ or less (1.3).........            3            4  3 (7.6)         
\5/8\ (1.6).................            3            4  3\3/4\ (9.5)    
\3/4\ (1.9).................            4            5  4\1/2\ (11.4)   
\7/8\ (2.2).................            4            5  5\1/4\ (13.3)   
1 (2.5).....................            5            6  6 (15.2)        
1\1/8\ (2.7)................            6            6  6\3/4\ (17.1)   
1\1/4\ (3.2)................            6            7  7\1/2\ (18.1)   
1\3/8\ (3.5)................            7            7  8\1/2\ (21.0)   
1\1/2\ (3.8)................            7            8  9 (22.9)        
------------------------------------------------------------------------


                                 Table 2                                
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
Natural Fiber Rope and Rope Slings                                      
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor=5                          
------------------------------------------------------------------------
                            Eye and Eye Sling                           
------------------------------------------------------------------------
                              Basket Hitch                              
------------------------------------------------------------------------
Angle of rope to horizontal                                             
90 deg.    60 deg.    45 deg.    30 deg.                                
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                           Angle of rope to vertical            
     Rope diameter nominal in.        Vertical      Choker   ---------------------------------------------------
                                       hitch        hitch        0 deg.      30 deg.      45 deg.      60 deg.  
----------------------------------------------------------------------------------------------------------------
\1/2\.............................          550          250        1,100          900          750          550
\9/16\............................          700          350        1,400        1,200        1,000          700
\5/8\.............................          900          450        1,800        1,500        1,200          900
\3/4\.............................        1,100          550        2,200        1,900        1,500        1,100
\13/16\...........................        1,300          650        2,600        2,300        1,800        1,300
\7/8\.............................        1,500          750        3,100        2,700        2,200        1,500
1.................................        1,800          900        3,600        3,100        2,600        1,800
1\1/16\...........................        2,100        1,100        4,200        3,600        3,000        2,100
1\1/8\............................        2,400        1,200        4,800        4,200        3,400        2,400
1\1/4\............................        2,700        1,400        5,400        4,700        3,800        2,700
1\5/16\...........................        3,000        1,500        6,000        5,200        4,300        3,000
1\1/2\............................        3,700        1,850        7,400        6,400        5,200        3,700
1\5/8\............................        4,500        2,300        9,000        7,800        6,400        4,500
1\3/4\............................        5,300        2,700       10,500        9,200        7,500        5,300

[[Page 40228]]

                                                                                                                
2.................................        6,200        3,100       12,500       10,500        8,800        6,200
2\1/3\............................        7,200        3,600       14,500       12,500       10,000        7,200
2\1/4\............................        8,200        4,100       16,500       14,000       11,500        8,200
2\1/2\............................        9,300        4,700       18,500       16,000       13,000        9,300
2\5/8\............................       10,500        5,200       21,000       18,000       14,500       10,500
----------------------------------------------------------------------------------------------------------------
                                                  Endless Sling                                                 
----------------------------------------------------------------------------------------------------------------
\1/2\.............................          950          500        1,900        1,700        1,400          950
\9/16\............................        1,200          600        2,500        2,200        1,800        1,200
\5/8\.............................        1,600          800        3,200        2,700        2,200        1,600
\3/4\.............................        2,000          950        3,900        3,400        2,800        2,000
\13/16\...........................        2,300        1,200        4,700        4,100        3,300        2,300
\7/8\.............................        2,800        1,400        5,600        4,800        3,900        2,800
1.................................        3,200        1,600        6,500        5,600        4,600        3,300
1\1/16\...........................        3,800        1,900        7,600        6,600        5,400        3,800
1\1/8\............................        4,300        2,200        8,600        8,600        6,100        4,300
1\1/4\............................        4,900        2,400        9,700        8,400        6,900        4,900
1\5/16\...........................        5,400        2,700       11,000        9,400        7,700        5,400
1\1/2\............................        6,700        3,300       13,500       11,500        9,400        6,700
1\5/8\............................        8,100        4,100       16,000       14,000       11,500        8,000
1\3/4\............................        9,500        4,800       19,000       16,500       13,500        9,500
2.................................       11,000        5,600       22,500       19,500       16,000       11,000
2\1/3\............................       13,000        6,500       26,000       22,500       18,500       13,000
2\1/4\............................       15,000        7,400       29,500       25,500       21,000       15,000
2\1/2\............................       16,500        8,400       33,500       29,000       23,500       16,500
2\5/8\............................       18,500        9,500       37,000       32,500       26,500       18,500
----------------------------------------------------------------------------------------------------------------


                                Table 3A                                
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings                                      
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor=6                          
------------------------------------------------------------------------
                            Eye and Eye Sling                           
------------------------------------------------------------------------
                              Basket Hitch                              
Angle of rope to horizontal                                             
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                           Angle of rope to vertical            
     Rope diameter nominal in.        Vertical      Choker   ---------------------------------------------------
                                       hitch        hitch        0 deg.      30 deg.      45 deg.      60 deg.  
----------------------------------------------------------------------------------------------------------------
\1/2\.............................          650          350        1,300        1,200          950          650
\9/16\............................          800          400        1,600        1,400        1,100          800
\5/8\.............................        1,000          500        2,000        1,700        1,400        1,000
\3/4\.............................        1,300          700        2,700        2,300        1,900        1,300
\13/16\...........................        1,600          800        2,600        2,300        2,200        1,600
\7/8\.............................        1,800          900        3,100        2,700        2,600        1,800
1.................................        2,200        1,100        3,600        3,100        3,100        2,200
1\1/16\...........................        2,500        1,300        4,200        3,600        3,600        2,500
1\1/8\............................        2,900        1,500        4,800        4,200        4,100        2,900
1\1/4\............................        3,300        1,700        6,700        5,800        4,700        3,300
1\5/16\...........................        3,700        1,900        7,400        6,400        5,300        3,700
1\1/2\............................        4,700        2,400        9,400        8,100        6,700        4,700
1\5/8\............................        5,700        2,900       11,500        9,900        8,100        5,700
1\3/4\............................        6,800        3,400       13,500       12,000        9,600        6,800
2.................................        8,200        4,100       16,500       14,500       11,500        8,200
2\1/8\............................        9,700        4,800       19,500       16,500       13,500        9,700
2\1/4\............................       11,000        5,500       22,000       19,000       15,500       11,000
2\1/2\............................       12,500        6,300       25,500       22,000       18,000       12,500
2\5/8\............................       14,500        7,100       28,500       24,500       20,000       14,500
----------------------------------------------------------------------------------------------------------------


                                Table 3B                                
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings                                      
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor = 6                        

[[Page 40229]]

                                                                        
                              Endless Sling                             
------------------------------------------------------------------------
                              Basket Hitch                              
------------------------------------------------------------------------
Angle of rope to horizontal                                             
90 deg.    60 deg.    45 deg.    30 deg.                                
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                           Angle of rope to vertical            
     Rope diameter nominal in.        Vertical      Choker   ---------------------------------------------------
                                       hitch        hitch        0 deg.      30 deg.      45 deg.      60 deg.  
----------------------------------------------------------------------------------------------------------------
\1/2\.............................        1,200          600        2,400        2,100        1,700        1,200
\9/16\............................        1,500          750        2,900        2,500        2,100        1,500
\5/8\.............................        1,800          900        3,500        3,100        2,500        1,800
\3/4\.............................        2,400        1,200        4,900        4,200        3,400        2,400
\13/16\...........................        2,800        1,400        5,600        4,900        4,000        2,800
\7/8\.............................        3,300        1,600        6,600        5,700        4,600        3,300
1.................................        4,000        2,000        8,000        6,900        5,600        4,000
1\1/16\...........................        4,600        2,300        9,100        7,900        6,500        4,600
1\1/8\............................        5,200        2,600       10,500        9,000        7,400        5,200
1\1/4\............................        6,000        3,000       12,000       10,500        8,500        6,000
1\5/16\...........................        6,700        3,400       13,500       11,500        9,500        6,700
1\1/2\............................        8,500        4,200       17,000       14,500       12,000        8,500
1\5/8\............................       10,500        5,100       20,500       18,000       14,500       10,500
1\3/4\............................       12,500        6,100       24,500       21,000       17,500       12,500
2.................................       15,000        7,400       29,500       25,500       21,000       15,000
2\1/8\............................       17,500        8,700       35,500       30,100       24,500       17,500
2\1/4\............................       19,500        9,900       39,500       34,000       28,000       19,500
2\1/2\............................       23,000       11,500       45,500       39,500       32,500       23,000
2\5/8\............................       25,500       13,000       51,500       44,500       36,500       25,500
----------------------------------------------------------------------------------------------------------------


                                    Table 4 A.--Rated Load for Grade 80 Alloy Steel Chain Slings \1\ (Chain per NACM)                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Chain size nominal                   Single leg sling--90                Rated load double leg sling horizontal angle (note 2)           
-------------------------------------------------    deg. to horizontal    -----------------------------------------------------------------------------
                                                           loading                   60 deg.                   45 deg.                   39 deg.        
                                                 -------------------------------------------------------------------------------------------------------
                in.                       mm                                    Double at 60 deg.         Double at 45 deg.         Double at 30 deg.   
                                                       lb           kg     -----------------------------------------------------------------------------
                                                                                 lb           kg           lb           kg           lb           kg    
--------------------------------------------------------------------------------------------------------------------------------------------------------
\8/32\.............................            7        3,500         1570        6,100        2,700        4,900        2,200        3,500        1,590
\2/8\..............................           10        7,100         3200       12,300        5,500       10,000        4,500        7,100        3,200
\1/2\..............................           13       12,000         5400       20,800        9,400       17,000        7,600        1,200        5,400
\5/8\..............................           16       18,000         8200       31,300       14,200       25,600       11,600       18,100        8,200
\3/4\..............................           20       28,300        12800       49,000       22,300       40,000       18,200       28,300       12,900
\7/8\..............................           22       34,200        15500       59,200       27,200       48,400       22,200       34,200       15,700
1..................................           26       47,700        21600       82,600       37,900       67,400       31,000       47,700       21,900
1\1/4\.............................           32       72,300        32800      125,200       56,800      102,200       46,400       72,300       32,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:                                                                                                                                                  
(1) Other grades of proof tested steel chain include Proof Coil (Grade 28), Hi-Test (Grade 43 Chain, and Transport (Grade 70) Chain. These grades are   
  not recommended for overhead lifting and therefore are not covered by this Standard.                                                                  
(2) Rating of multi-leg slings adjusted for angle of loading between the inclined leg and the horizontal plane of the load.                             


                             Table 4 B.--Maximum Allowable Wear at any Point of Link                            
----------------------------------------------------------------------------------------------------------------
                             Nominal chain or coupling link size                               Maximum allowable
----------------------------------------------------------------------------------------------   wear of cross- 
                                                                                                   sectional    
                                    in.                                             mm           diameter, in.  
----------------------------------------------------------------------------------------------------------------
\8/32\....................................................................                  7              0.037
\3/8\.....................................................................                 10              0.052
\1/2\.....................................................................                 13              0.060
\5/8\.....................................................................                 16              0.084
\3/4\.....................................................................                 20              0.105
\7/8\.....................................................................                 22              0.116
1.........................................................................                 26              0.137
1\1/4\....................................................................                 32             0.169 
----------------------------------------------------------------------------------------------------------------
Note: For other sizes, consult chain or sling manufacturer.                                                     


[[Page 40230]]


                                    Table 5.--Safe Working Loads for Shackles                                   
                                            [In tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                               Pin diameter                     
                          Material size (inches)                                 (inches)      Safe working load
----------------------------------------------------------------------------------------------------------------
\1/4\.....................................................................              \5/8\                1.4
\5/8\.....................................................................              \3/4\                2.2
\3/4\.....................................................................              \7/8\                3.2
\7/8\.....................................................................                  1                4.3
1.........................................................................             1\1/8\                5.6
1\1/8\....................................................................             1\1/4\                6.7
1\1/4\....................................................................             1\3/8\                8.2
1\3/8\....................................................................             1\1/2\               10.0
1\1/2\....................................................................             1\5/8\               11.9
1\1/4\....................................................................                  2               16.2
2.........................................................................             2\1/4\               21.1
----------------------------------------------------------------------------------------------------------------


  Wire Rope Table--Rated Loads for Single Leg Slings 6 x 19 or 6 x 37 Classification Improved Plow Steel Grade  
                                            Rope With Fiber Core (FC)                                           
----------------------------------------------------------------------------------------------------------------
                                     Rated loads [note {1}], Tons (2,000 lb)                                    
-----------------------------------------------------------------------------------------------------------------
                                             Vertical                                                  Choker   
----------------------------------------------------------------------------------------------------------------
                   Rope diameter, in.                          HT            MS             S         HT, MS&S  
----------------------------------------------------------------------------------------------------------------
\1/4\...................................................          0.49          0.51          0.55          0.38
\8/16\..................................................          0.78          0.79          0.85          0.6 
\3/8\...................................................          1.1           1.1           1.2           0.85
\7/16\..................................................          1.4           1.5           1.7           1.2 
\1/2\...................................................          1.8           2.0           2.1           1.5 
\9/16\..................................................          2.3           2.5           2.7           1.9 
\5/11\..................................................          2.8           3.1           3.3           2.3 
\3/4\...................................................          3.9           4.4           4.8           3.3 
\7/8\...................................................          5.2           6.0           6.4           4.5 
1.......................................................          6.7           7.7           8.4           5.9 
1\3/8\..................................................          8.4           9.5          11             7.4 
1\1/4\..................................................         10            12            13             9.0 
1\3/8\..................................................         12            14            16            11   
1\1/2\..................................................         15            17            18            13   
1\6/8\..................................................         17            19            21            15   
1\3/4\..................................................         20            22            25            17   
2.......................................................         26            29            32            22   
----------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice.                                                                                          
For Hidden Tuck Splice (IWRC), use values in HT (FC) columns.                                                   
MS=Mechanical Splice.                                                                                           
S=Poured Socket or Swaged Socket.                                                                               
Notes:                                                                                                          
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. 
  If two or more slings are used, the minimum horizontal angle between the slings shall also be considered [see 
  para. 9.2.2.1(d)].                                                                                            
(2) These values only apply when the D/d ratio (see Fig. 11) is 15 or greater.                                  
(3) These values only apply when the D/d ratio is 25 or greater.                                                
  D=Diameter or curvature around which the body of the sling is bent.                                           
  d=Diameter of rope.                                                                                           


  Wire Rope Table--Rated Loads for Single Leg Slings 6 x 19 or 6 x 37 Classification Improved Plow Steel Grade  
                                   Rope With Independent Wire Rope Core (IWRC)                                  
----------------------------------------------------------------------------------------------------------------
                                     Rated loads [note {1}], tons (2,000 lb)                                    
-----------------------------------------------------------------------------------------------------------------
                              Vertical                                    Choker            Vertical basket     
----------------------------------------------------------------------------------------------------------------
                                                                                       [Note (2)]    [Note (3)] 
     Rope diameter, in.            HT            MS             S        HT, MS & S  ---------------------------
                                                                                           HT          MS & S   
----------------------------------------------------------------------------------------------------------------
\3/4\.......................          0.53          0.56          0.59          0.31           1.1           1.1
\5/16\......................          0.82          0.87          0.92          0.64           1.6           1.7
\3/8\.......................          1.2           1.2           1.3           0.92           2.3           2.5
\7/10\......................          1.5           1.7           1.8           1.2            3.1           3.4
\1/2\.......................          2.0           2.2           2.3           1.6            4.0           4.4
\9/16\......................          2.5           2.8           2.9           2.0            4.9           5.5
\6/8\.......................          3.0           3.4           3.6           2.6            6.0           6.8
\3/4\.......................          4.2           4.9           5.1           3.6            8.4           9.7
\7/8\.......................          5.5           6.6           6.9           4.8           11            13  

[[Page 40231]]

                                                                                                                
1...........................          7.2           8.5           9.0           6.3           14            17  
1\1/8\......................          9.0          10            11             7.9           18            20  
1\1/4\......................         11            13            14             9.7           22            26  
1\3/8\......................         13            15            17            12             27            31  
1\1/2\......................         16            18            20            14             32            37  
1\5/8\......................         18            21            23            16             37            43  
1\3/4\......................         21            25            27            19             43            49  
2...........................         28            32            34            24             55            64  
----------------------------------------------------------------------------------------------------------------
HT=Hand Tucked Splice.                                                                                          
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.                                             
MS=Mechanical Splice, S=Poured Socket or Swaged Socket.                                                         
Notes:                                                                                                          
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. 
  If two or more slings are used, the minimum horizontal angle between the slings shall also be considered (see 
  para. 9.2.2.1(d)).                                                                                            
(2) The values only apply when the D/d ratio (see Fig. 11) is 15 or greater.                                    
(3) The values only apply when the D/d ratio is 25 or greater.                                                  
  D=Diameter or curvature around which the body of the sling is bent.                                           
  d=Diameter of rope.                                                                                           


Wire Rope Table--Rated Loads for Single Leg Slings 6  x  19  or6  x  37 Classification Extra Improved Plow Steel
                                Grade Rope With Independent Wire Rope Core (IWRC)                               
----------------------------------------------------------------------------------------------------------------
                                     Rated loads [note {1}], tons (2,000 lb)                                    
-----------------------------------------------------------------------------------------------------------------
                                      Vertical                                           Choker       Vertical  
--------------------------------------------------------------------------------------------------- basket [note
                                                                                                        (2)]    
                      Rope diameter                            MS             S           MS&S     -------------
                                                                                                        MS&S    
----------------------------------------------------------------------------------------------------------------
\1/4\...................................................          0.65          0.68          0.48           1.3
\5/16\..................................................          1.0           1.1           0.74           2.0
\3/8\...................................................          1.4           1.5           1.1            2.9
\7/10\..................................................          1.9           2.0           1.4            3.9
\1/2\...................................................          2.5           2.7           1.9            5.1
\9/16\..................................................          3.2           3.4           2.4            6.4
\6/8\...................................................          3.9           4.1           2.9            7.8
\3/4\...................................................          5.6           5.9           4.1           11  
\7/8\...................................................          7.6           8.0           5.6           15  
1.......................................................          9.8          10             7.2           20  
1\1/8\..................................................         12            13             9.1           24  
1\1/4\..................................................         15            16            11             30  
1\3/8\..................................................         18            19            13             36  
1\1/2\..................................................         21            23            16             42  
1\5/8\..................................................         24            26            18             49  
1\3/4\..................................................         28            31            21             57  
2.......................................................         37            40            28            73   
----------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice.                                                                                          
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.                                             
MS=Mechanical Splice.                                                                                           
S=Poured Socket or Swaged Socket.                                                                               
Notes:                                                                                                          
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. 
  If two or more slings are used, the minimum horizontal angle between the slings shall also be considered (see 
  para. 9.2.2.1(d)).                                                                                            
(2) These values only apply when the D/d ratio (see Fig. 11) is 25 or greater.                                  

Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear 
(Non-mandatory)

    Note: This Appendix is non-mandatory and provides an explanation 
of the mechanics in the correct spotting of cargo handling gear.

    Although the most prevalent method of cargo handling is 
accomplished through the use of modern shoreside container gantry 
cranes, there are occasions when break-bulk cargo is handled with 
conventional ship's cargo gear. This appendix provides a reference 
for those unfamiliar with such cargo gear.
    Sections 1918.52, 1918.53, and 1918.54 all address the subject 
of rigging and operating vessel's cargo handling gear. It is 
important to understand that under the Burton System of cargo 
handling (conventional gear consisting of two cargo derricks with 
married falls), the midships or up-and-down boom should be spotted 
as close to the fore and aft centerline of the hatch as 
operationally possible. Such spotting of the up-and-down boom will 
allow the most effective leads for the guy(s) and preventer(s) to 
safely support

[[Page 40232]]

the lateral stresses generated in the boom(s) by the married falls. 
As the lead of the guy(s) and preventer(s) approaches the vertical, 
in supporting the boom(s) head, the total stress in the guy(s) 
increases rapidly due to the increased vertical force that is 
generated in the guy(s) in order to counteract any particular 
horizontal or lateral force exerted on the boom(s) head. The 
appreciable vertical forces that are generated in this process are 
transmitted, in substantial part, to the boom(s) and topping 
lift(s), causing proportionate compressive stresses in the boom(s) 
and tension stresses in the topping lift(s).
    In general, guys and preventers must be located so that enough 
vertical resistance is developed so as to prohibit the boom(s) from 
jackknifing as cargo passes across the deck. Special care must be 
exercised in the proper placement of guys and preventers associated 
with the Burton or yard boom. Preventers, when used, must parallel 
as closely as possible the guys that they support. Guys and 
preventers must not be attached to the same fitting.
    While under a load, the cargo falls (running rigging) must not 
be permitted to chafe on any standing or other running gear. Special 
attention must be paid to ensure that cargo runners work freely 
through the heel block, without chafing the cheek of the block. 
Also, bobbing chains and heel block preventers must be attached so 
as to not interfere with the movement of the cargo runners.

Appendix IV to Part 1918--Special Cargo Gear and Container Spreader 
Test Requirements (Mandatory) [See Sec. 1918.61 (f), (g), (h); Also 
Applicable to Sec. 1917.50(c)(5)]

----------------------------------------------------------------------------------------------------------------
                                                                                        Proof test              
            Type gear              Test  requirement       Tested by     ---------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
             All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998             
----------------------------------------------------------------------------------------------------------------
Safe Working Load--> 5 short      Prior to initial    OSHA Accredited     Up to 20 short      125% SWL.         
 tons (10,000 lbs./4540 kg.).      use.                agency only.        tons.                                
                                  Prior to reuse      ..................  Between 20 and 50   5 short tons in   
                                   after structural                        short tons.         excess of SWL.   
                                   damage repair.                                                               
                                  Every four years    OSHA Accredited     Over 50 short tons  110% SWL.         
                                   after initial       agency or                                                
                                   proof load test.    designated                                               
                                                       person..                                                 
Safe Working Load--5 short tons   Prior to initial    OSHA Accredited                                           
 or less.                          use.                agency or                                                
                                                       designated person.                                       
(1)125% SWL.                                                                                                    
                                  Prior to reuse                                                                
                                   after structural                                                             
                                   damage repair.                                                               
(1) 125% SWL                                                                                                    
Container spreaders not part of   Prior to initial    OSHA Accredited                                           
 vessel's cargo handling gear.     use.                agency only.                                             
                                  Prior to reuse                                                                
                                   after structural                                                             
                                   damage repair.                                                               
                                  Every four years    OSHA Accredited                                           
                                   after initial       agency or                                                
                                   proof load test.    designated person.                                       
(1)125% SWL.                                                                                                    
----------------------------------------------------------------------------------------------------------------
                        All Special Cargo Handling Gear in Use Prior to January 21, 1998                        
----------------------------------------------------------------------------------------------------------------
Safe Working Load--> 5 short      Every four years    OSHA Accredited     Up to 20 short      125% SWL.         
 tons (10,000 lbs./4540 kg.).      from January 21,    agency or           tons.                                
                                   1998.               designated person.                                       
                                  Prior to reuse      ..................  Between 20 and 50   5 short tons in   
                                   after structural                        short tons.         excess of SWL.   
                                   damage repair.                                                               
                                  ..................  ..................  Over 50 short tons  110% SWL.         
Safe Working Load--5 short tons   Prior to initial    OSHA Accredited                                           
 or less.                          use.                agency or                                                
                                                       designated person.                                       
(1)125% SWL                                                                                                     
                                  Prior to reuse                                                                
                                   after structural                                                             
                                   damage repair.                                                               
(1) 125% SWL                                                                                                    
Container spreaders not part of   Prior to initial    OSHA Accredited                                           
 vessel's cargo handling gear.     use.                agency or                                                
                                                       designated person.                                       
(1) 125% SWL                                                                                                    
                                  Prior to reuse                                                                
                                   after structural                                                             
                                   damage repair.                                                               
(1)125% SWL.                                                                                                    
----------------------------------------------------------------------------------------------------------------

Appendix V to Part 1918--Basic Elements of a First Aid Training Program 
(Non-mandatory)

    Note: This Appendix is non-mandatory and provides guidelines for 
small businesses, institutions teaching first aid, and the 
recipients of first aid training.

General Program Elements

A. Teaching Methods

    1. Trainees should develop ``hands on'' skills through the use 
of manikins and trainee partners during their training.
    2. Trainees should be exposed to acute injury and illness 
settings as well as the appropriate response to those settings 
through the use of visual aids, such as video tape and slides.
    3. Training should include a course workbook which discusses 
first aid principles and responses to settings that require 
interventions.

[[Page 40233]]

    4. Training duration should allow enough time for particular 
emphasis on situations likely to be encountered in particular 
workplaces.
    5. An emphasis on quick response to first aid situations should 
be incorporated throughout the program.

B. Principles of Responding to a Health Emergency

    The training program should include instruction in:
    1. Injury and acute illness as a health problem.
    2. Interactions with the local emergency medical services 
system. Trainees have the responsibility for maintaining a current 
list of emergency telephone numbers (police, fire, ambulance, poison 
control) easily accessible to all employees.
    3. The principles of triage.
    4. The legal aspects of providing first aid services.

C. Methods of Surveying the Scene and the Victim(s)

    The training program should include instruction in:
    1. The assessment of scenes that require first aid services 
including:
    a. general scene safety.
    b. likely event sequence.
    c. rapid estimate of the number of persons injured.
    d. identification of others able to help at the scene.
    2. Performing a primary survey of each victim including airway, 
breathing, and circulation assessments as well as the presence of 
any bleeding.
    3. The techniques and principles of taking a victim's history at 
the scene of an emergency.
    4. Performing a secondary survey of the victim including 
assessments of vital signs, skin appearance, head and neck, eye, 
chest, abdomen, back, extremities, and medical alert symbols.

D. Basic Adult Cardiopulmonary Resuscitation (CPR)

    Basic adult CPR training should be included in the program. 
Retesting should occur every year. The training program should 
include instruction in:
    1. Establishing and maintaining adult airway patency.
    2. Performing adult breathing resuscitation.
    3. Performing adult circulatory resuscitation.
    4. Performing choking assessments and appropriate first aid 
interventions.
    5. Resuscitating the drowning victim.

E. Basic First Aid Intervention

    Trainees should receive instruction in the principles and 
performance of:
    1. Bandaging of the head, chest, shoulder, arm, leg, wrist, 
elbow, foot, ankle, fingers, toes, and knee.
    2. Splinting of the arm, elbow, clavicle, fingers, hand, 
forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
    3. Moving and rescuing victims including one and two person 
lifts, ankle and shoulder pulls, and the blanket pull.

F. Universal Precautions

    Trainees should be provided with adequate instruction on the 
need for and use of universal precautions. This should include:
    1. The meaning of universal precautions, which body fluids are 
considered potentially infectious, and which are regarded as 
hazardous.
    2. The value of universal precautions for infectious diseases 
such as AIDS and hepatitis B.
    3. A copy of OSHA's standard for occupational exposure to 
bloodborne pathogens or information on how to obtain a copy.
    4. The necessity for keeping gloves and other protective 
equipment readily available and the appropriate use of them.
    5. The appropriate tagging and disposal of any sharp item or 
instrument requiring special disposal measures such as blood soaked 
material.
    6. The appropriate management of blood spills.

G. First Aid Supplies

    The first aid provider should be responsible for the type, 
amount, and maintenance of first aid supplies needed for their 
particular worksite(s). These supplies need to be stored in a 
convenient area available for emergency access.

H. Trainee Assessments

    Assessment of successful completion of the first aid training 
program should include instructor observation of acquired skills and 
written performance assessments. First aid skills and knowledge 
should be reviewed every three years.

I. Program Update

    The training program should be periodically reviewed with 
current first aid techniques and knowledge. Outdated material should 
be replaced or removed.

Specific Program Elements

A. Type of Injury Training

1. Shock

    Instruction in the principles and first aid intervention in:
    a. shock due to injury.
    b. shock due to allergic reactions.
    c. the appropriate assessment and first aid treatment of a 
victim who has fainted.

2. Bleeding

    a. the types of bleeding including arterial, venous, capillary, 
external, and internal.
    b. the principles and performance of bleeding control 
interventions including direct pressure, pressure points, elevation, 
and pressure bandaging.
    c. the assessment and approach to wounds including abrasions, 
incisions, lacerations, punctures, avulsions, amputations, and crush 
injuries.
    d. the principles of wound care including infection precautions, 
wounds requiring medical attention, and the need for tetanus 
prophylaxis.

3. Poisoning

    Instruction in the principles and first aid intervention of:
    a. alkali, acid and systemic poisons. In addition, all trainees 
should know how and when to contact the local Poison Control Center.
    b. inhaled poisons including carbon monoxide, carbon dioxide, 
smoke, and chemical fumes, vapors and gases as well as the 
importance of assessing the toxic potential of the environment to 
the rescuer and the need for respirators.
    Trainees should be instructed in the acute effect of chemicals 
utilized in their plants, the location of chemical inventories, 
material safety data sheets (MSDS's), chemical emergency 
information, and antidote supplies.
    c. topical poisons including poison ivy, poison sumac, poison 
oak, and insecticides.
    d. drugs of abuse including alcohol, narcotics such as heroin 
and cocaine, tranquilizers, and amphetamines.

4. Burns

    Instruction in the principles and first aid intervention of:
    a. assessing the severity of the burn including first degree, 
second degree, and third degree burns.
    b. differentiating between the types of third degree burns 
(thermal, electrical, and chemical) and their specific 
interventions. Particular attention should be focused upon chemical 
burns, and the use of specific chemicals in the workplace which may 
cause them.

5. Temperature Extremes

    Instruction in the principles and first aid intervention of:
    a. exposure to cold including frostbite and hypothermia.
    b. exposure to heat including heat cramps, heat exhaustion, and 
heat stroke.

6. Musculoskeletal Injuries

    The training program should include instruction in the 
principles and first aid intervention in:
    a. open fractures, closed fractures, and splinting.
    b. dislocations, especially the methods of joint dislocations of 
the upper extremity. The importance of differentiating dislocations 
from fractures.
    c. joint sprains.
    d. muscle strains, contusions, and cramps.
    e. head, neck, back, and spinal injuries.

7. Bites and Stings

    Instruction in the principles and first aid intervention in:
    a. human and animal (especially dog and snake) bites.
    b. bites and stings from insects (spiders, ticks, scorpions, 
hornets and wasps). Interventions should include responses to 
anaphylactic shock; other allergic manifestations; rabies and 
tetanus prophylaxis.

8. Medical Emergencies

    Instruction in the principles and first aid intervention of:
    a. heart attacks
    b. strokes
    c. asthma attacks
    d. diabetic emergencies including diabetic coma, insulin shock, 
hyperglycemia, and hypoglycemia.

[[Page 40234]]

    e. seizures including tonic-clonic and absence seizures. 
Importance of not putting gags in mouth.
    f. pregnancy including the appropriate care of any abdominal 
injury or vaginal bleeding.

9. Confined Spaces

    a. the danger of entering a confined space to administer first 
aid without having the appropriate respiratory protection.
    b. if first aid personnel will be required to assist evacuations 
from confined spaces, additional training will be needed.

B. Site of Injury Training

    Instruction in the principles and first aid intervention of 
injuries to the following sites:

1. Head and Neck

    a. including skull fractures, concussions, and mental status 
assessments with particular attention to temporary loss of 
consciousness and the need for referral to a physician.
    b. including the appropriate approach to the management of the 
individual who has suffered a potential neck injury or fracture.

2. Eye

    a. foreign bodies, corneal abrasions and lacerations.
    b. chemical burns and the importance of flushing out the eye.
    c. the importance of not applying antibiotics without physician 
supervision.

3. Nose

    a. nose injuries and nose bleeds.

4. Mouth and Teeth

    a. oral injuries, lip and tongue injuries, and broken and 
removed teeth. The importance of preventing inhalation of blood and 
teeth.

5. Chest

    a. rib fractures, flail chest, and penetrating wounds.

6. Abdomen

    a. blunt injuries, penetrating injuries, and protruding organs.

7. Hand, Finger, and Foot Injuries

    a. finger/toe nail hematoma, lacerations, splinters, finger nail 
avulsion, ring removal, and foreign bodies.
    b. the importance of identifying amputation care hospitals in 
the area. When an amputation occurs, appropriate handling of 
amputated fingers, hands, and feet during the immediate 
transportation of the victim and body part to the hospital.

[FR Doc. 97-19381 Filed 7-15-97; 8:45 am]
BILLING CODE 4510-26-P