• Supports DOL's Strategic Plan Performance Goal 3.1C for increased emphasis on two of the most prevalent causes of workplace illnesses: silica and lead.
  
  
• Supports DOL's Strategic Plan Performance Goal 3.1D for increased emphasis on improving occupational safety and health in shipyard employment.
  
  
• Delivers available shipyard employment safety and health information in a web-based interactive format.
  
  
• Supports the reduction of occupational exposure to hazards through direct intervention; the promotion of a safety and health culture through compliance assistance, cooperative programs, and strong leadership; and supports the maximization of OSHA's effectiveness and efficiency by strengthening its capabilities and infrastructure.
  
  
• Provides OSHA compliance officers and consultants and other interested government and industry parties with information to support shipyard intervention efforts and to minimize employee exposure to hazards.
  
  
• Supports the National Emphasis Program (NEP) on Shipbreaking, and the Site-Specific Targeting (SST) program for the shipbuilding and ship repairing industries.
  
  
• Provides revised guidance regarding the applicability of 29 CFR 1910, General Industry Standards, to shipyard employment (Appendix A); consolidates answers to commonly asked questions related to shipyard employment into an appendix (Appendix B); and incorporates guidance from two other directives into this "Tool Bag" directive.

1. Purpose
   
   
2. Scope
   
   
3. Cancellation
   
   
4. Significant Changes:
   
   
5. Reference
   
   
6. Expiration Date
   
   
7. Federal Program Change
   
   
8. Action Information
   
   
   1. Responsible Office
   2. Action Offices
   3. Information Offices
   
   
9. Actions Required
   
   
10. Federal Agencies
    
    
11. Definitions
    
    
12. Application
    
    
13. Background
    
    
14. Outreach and Cooperative Programs
    
    
    1. OSHA Website
       1. OSHA Assistance for the Maritime Industry
       2. Office of Maritime Enforcement (OME)
       3. Inspection Data
    2. State Consultation Programs
    3. Recognition Programs:
       1. Safety and Health Achievement Recognition Program (SHARP)
       2. Voluntary Protection Program (VPP)
    4. OSHA Strategic Partnership Program (OSPP)
    5. OSHA Alliance Program
    6. Other Shipyard Resources
       1. American Shipbuilding Association (ASA)
       2. Shipbuilders Council of America (SCA)
       3. The National Shipbuilding Research Program (NSRP)
       4. The American Waterways Operators (AWO)
    
    
15. Training
    
    
    1. OSHA Office of Training & Education (OTE)
    2. State Consultation and Training Programs
    3. U.S. Merchant Marine Academy
    4. Federal Training Grants
    
    
16. Enforcement Program
    
    
    1. Inspection Scheduling
       1. National Emphasis Programs (NEPs)
       2. Local Emphasis Programs (LEPs)
       3. Inspection Lists
       4. Scheduling Priorities:
    2. Inspection Procedures
       1. Preparation
       2. Inspection Materials and Equipment
       3. Safety and Health Rules of the Shipyard
       4. Maritime Standard Alleged Violation Elements (SAVEs)
    3. Multi-employer Worksites
    4. Application of Shipyard Employment (29 CFR Part 1915) and General Industry Safety and Health Standards (29 CFR Part 1910) to Ship/Boat Yards
       1. Shipyards and Boatyards Located On or Adjacent to Navigable Waterways
       2. Boatyards Not On a Navigable Waterway
    5. Violation Abatement Assistance Program
    
    
17. Coordination
    
    
18. Program Evaluation
    Appendix A: Application of 29 CFR Part 1910 Standards to 29 CFR Part 1915 Shipyard Employment
    
    Appendix B: Shipyard Tool Bag Directive Questions and Answers
    
    INDEX

1. Purpose. This Instruction provides national, regional, and area offices with guidance concerning OSHA's policy and procedures on the enforcement of safety and health standards for shipyard employment (i.e., ship repair, shipbuilding, and shipbreaking). In support of DOL's Strategic Plan , OSHA is particularly committed to focused interventions in the ship and boat building and repair industries to reduce injuries, illnesses, and fatalities. The intent of this instruction is to provide comprehensive guidance that will allow OSHA offices to establish or support intervention and inspection programs in the shipyard industry. Further, this instruction provides guidance and information to provide for compliance with shipyard standards and to ensure the consistent enforcement of these standards.
   
   
2. Scope. This instruction applies OSHA-wide to all programmed and unprogrammed compliance inspections, consultation interventions and other activities, such as compliance assistance, cooperative programs, training and education in the shipyard employment industry.
   
   
3. Cancellation. This instruction cancels or supersedes the following directives:
   
   
   1. STD .2, "Identification of General Industry Safety and Health Standards Applicable to Shipyard Work," November 4, 1985.
      
      
   2. DIR 02-01 (CPL 2), "Enforcement of Occupational Safety and Health Administration Standards for the Recreational Boat Building Industry," January 23, 2002.
      
      
   3. STD 2.1, "Application of Hazard Communication Standard to the Shipyard Employment Industry," January 20, 1987.
   
   
4. Significant Changes. This Instruction provides, in a web-based interactive format, the tools needed to support shipyard employment industry intervention and inspection programs. This instruction references numerous shipyard safety and health documents to provide ready access to the information. This instruction:
   
   
   1. Supports DOL's Strategic Plan Performance Goal 3.1C for increased emphasis on two of the most prevalent causes of workplace illnesses: silica and lead.
      
      
   2. Supports DOL's Strategic Plan Performance Goal 3.1D for increased emphasis on improving occupational safety and health in shipyard employment.
      
      
   3. Delivers available shipyard employment safety and health information in a web-based interactive format.
      
      
   4. Supports the reduction of occupational exposure to hazards through direct intervention; the promotion of a safety and health culture through compliance assistance, cooperative programs, and strong leadership; and supports the maximization of OSHA's effectiveness and efficiency by strengthening its capabilities and infrastructure.
      
      
   5. Provides OSHA compliance officers and consultants and other interested government and industry parties with information to support shipyard intervention efforts and to minimize employee exposure to hazards.
      
      
   6. Supports the National Emphasis Program (NEP) on Shipbreaking, and the Site-Specific Targeting (SST) program for the shipbuilding and ship repairing industries.
      
      
   7. Provides revised guidance regarding the applicability of 29 CFR 1910, General Industry Standards, to shipyard employment work sites (Appendix A).
      
      
   8. Consolidates answers to commonly asked shipyard employment industry questions into an appendix (Appendix B).
      
      
   9. Incorporates guidance from two other directives into this "Tool Bag" directive
   
   
5. References.
   
   
   1. 29 CFR Part 1910, General Industry Standards.
      
      
   2. 29 CFR Part 1915, Shipyard Employment Standards.
      
      
   3. 29 CFR Part 1919, Gear Certification Standards.
      
      
   4. 29 CFR Part 1926, Construction Standards.
      
      
   5. Department of Labor 2003-2008 Strategic Plan , Department of Labor Strategic Plan for Fiscal Years 1999-2004.
      
      
   6. OSHA Strategic Management Plan 2003-2008, Occupational Safety and Health Administration (OSHA) Strategic Management Plan for Fiscal Years 2003-2008.
      
      
   7. OSHA Directives.
      
      
      1. CPL 03-09 (CPL 02), Site-Specific Targeting 2003 (SST-03), October 20, 2003.
         
         
      2. CPL 2-0.102A, Procedures for Approval of Local Emphasis Programs (LEPs), November 10, 1999 (new number: CPL 04-00-001).
         
         
      3. CPL 2-0.129, OSHA's National Emphasis Program (NEP) on Shipbreaking, August 1, 2001 (new number: CPL 02-00-129).
         
         
      4. CPL 2-0.130, National Emphasis Program: Lead, July 20, 2001(new number: CPL 02-00-130).
         
         
      5. CPL 2-0.131, Recordkeeping Policies and Procedures Manual (RKM), January 1, 2002 (new number: CPL 02-00-131).
         
         
      6. CPL 2-0.51J, Enforcement Exemptions and Limitations Under the Appropriations Act, May 28, 1998 (new number: CPL 02-00-051).
         
         
      7. CPL 2-1.20, OSHA/U.S. Coast Guard Authority over Vessels, November 8, 1996 (new number: CPL 02-01-020).
         
         
      8. CPL 2-1.28A, Compliance Assistance for the Powered Industrial Truck Operators Training Standards, November 30, 2000 (new number: CPL 02-01-028).
         
         
      9. CPL 2-1.39, Enforcement of Cargo Gear Regulations and the Requirements for Gear Certification in the Maritime Program, March 24, 2003 (new number: CPL 02-01-039).
         
         
      10. CPL 2-2.63 (REVISED), Inspection Procedures for Occupational Exposure to Asbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and 1915.1001, November 3, 1995 (new number: CPL 02-02-063).
          
          
      11. CPL 2.103, OSHA Field Inspection Reference Manual (FIRM), September 26, 1994 (new number: CPL 02-00-103).
          
          
      12. CPL 2.25I, Scheduling Systems for Programmed Inspections, January 4, 1995 (new number: CPL 02-00-025).
          
          
      13. STD 2-4.1, 29 CFR 1915, Subpart B, Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment - Inspection Procedures and Interpretive Guidance, June 23, 1995 (new number: STD 02-04-001).
          
          
      14. STD 2-4.2, 29 CFR 1915, Subpart I, Personal Protective Equipment (PPE) for Shipyard Employment - Inspection Procedures and Interpretive Guidelines, September 27, 1996 (new number: STD 02-04-002).
          
          
      15. STP 2.11, Maritime Jurisdiction in State Plan States, October 30, 1978 (new number: CSP 01-03-001).
          
          
      16. TED 8-0.2, OSHA Strategic Partnerships for Worker Safety and Health, November 13, 1998 (new number: CSP 03-02-001).
          
          
      17. TED 8.4, Voluntary Protection Programs (VPP): Policies and Procedures Manual, March 25, 2003 (new number: CSP 03-01-002).
          
          
      18. Special Emphasis Program (SEP) for Silicosis, May 2, 1996.
          
          
      19. Safety and Health Topics: Silica, Crystalline.
      
      
   8. Other references.
      
      
      1. OSHA Maritime Web Page.
         
         
      2. OSHA Local Emphasis Programs (LEPs); most recent list (internal OSHA document).
         
         
      3. OSHA eTools.
         
         
      4. OSHA Notice, Safety and Health Program Management Guidelines ; Issuance of Voluntary Guidelines - 54:3904-3916, January 26, 1989.
         
         
      5. OSHA Publications. Telephone number (202) 693-1888; teletypewriter (TTY) (877) 889-5627.
   
   
6. Expiration Date. This instruction will remain in effect until canceled or superseded by instruction or notice.
   
   
7. Federal Program Change. This instruction describes a federal program change for which state adoption is not required.
   
   NOTE: In order for OSHA to effectively enforce safety and health standards, guidance to compliance staff is necessary. Therefore, although adoption of this instruction is not required, states are expected to have enforcement policies and procedures which are at least as effective as those adopted by Federal OSHA. In the interest of national OSHA maritime policy, those states that cover shipyard employment, as well as those with public sector employees engaged in shipyard employment, are encouraged to follow the provisions in this instruction.
   
   
8. Action Information.
   
   
   1. Responsible Office. Directorate of Enforcement Programs (DEP), Office of Maritime Enforcement (OME).
      
      
   2. Action Offices. National, Regional, and Area Offices; Consultation Project Managers.
      
      
   3. Information Offices. State Plan States.
   
   
9. Actions Required. The policies and procedures set forth in this instruction are effective immediately and will remain in effect until canceled by proper authority. OSHA Regional Administrators, Area Directors, and National Office Directors must ensure that the policies and procedures set forth in this instruction are followed.
   
   The Department of Labor's Strategic Outcome Goal 3.1 describes the linking of OSHA's compliance assistance and enforcement strategies, including the OSHA consultation program, to impact the hazards and industries targeted by OSHA's performance goals in a coordinated, complementary manner. Therefore, Regional Administrators must also ensure that State Plan State Designees and Consultation Program Managers in their regions are informed of the requirements of this instruction and encourage the involvement of Consultation Programs in shipyard employment.
   
   
10. Federal Agencies. This instruction describes a change that may affect federal agencies. It is the responsibility of the head of each federal agency to establish and maintain an effective and comprehensive safety and health program. Executive Order 12196, Section 1-201, and 29 CFR 1960.16 require federal agencies to adopt policies and procedures necessary to provide a level of protection equivalent to that provided by OSHA standards and regulation.
    
    
11. Definitions.
    
    
    1. Data Initiative (a.k.a. Data Survey): The Data Initiative is a nationwide collection of establishment-specific injury and illness data from approximately 80,000 employers. The Data Initiative is OSHA's Annual Survey Form referenced in 29 CFR 1904.41.
       
       
    2. Days Away, Restricted, or Transferred (DART) Rate: This includes cases involving days away from work, restricted work activity, and transfers to another job. The DART rate is calculated based on (N/EH) x (200,000) where N is the number of cases involving days away and/or job transfer or restriction, EH is the total number of hours worked by all employees during the calendar year, and 200,000 is the base for 100 full-time equivalent employees (2,000 hours per worker x 100 workers). The DART rate replaced the Lost Workday Injury and Illness (LWDII) rate effective January 1, 2002.
       
       
    3. Shipyard-Related Employment: Any employment performed incidental to, or in conjunction with, ship repair, shipbreaking, and shipbuilding work, including, but not restricted to, inspection, testing, and employment as a watchman.
       
       
    4. Ship Repair: Any repair of a vessel including, but not restricted to, alterations, conversions, installations, cleaning, painting, and maintenance work.
       
       
    5. Shipbreaking: Any breaking down of a vessel's structure to dismantle the vessel, including the removal of gear, equipment, or any component of the vessel. This term is synonymous with "ship scrapping" and "ship disposal."
       
       
    6. Shipbuilding: The construction of a vessel including the installation of machinery and equipment.
       
       
    7. Shipyard Employment: This includes ship repairing, shipbuilding, shipbreaking, and related employments.
       
       
    8. Vessel: Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.
    
    
12. Application. This instruction applies OSHA-wide to all interventions, inspections, and violation abatement assistance in shipyard employment. This instruction also applies to OSHA outreach efforts that include compliance assistance, cooperative programs, training, and education.
    
    Further, this instruction applies to all state consultation programs with jurisdiction over shipyard employment. State consultation programs are expected to provide safety and health program assistance, training, education, and hazard identification and abatement assistance to shipyard employers.
    
    When a new OSHA general industry standard (Part 1910) that applies to shipyard employment is promulgated after the effective date of this "Tool Bag" directive, such standard may be used even though it is not listed in Appendix A of this directive.
    
    
13. Background. The Department of Labor promotes the physical and economic well-being of workers and their families by fostering, among other things, safe and healthful workplaces that are free from discrimination. OSHA plays a critical role in supporting the DOL Quality Workplaces goal by carrying out programs designed to save lives, prevent injuries and illnesses, and protect the health of America's workers. This instruction is issued in support of DOL's Strategic Plan Performance Goals (Shipyards are a targeted high-hazard industry; lead and silica are targeted hazards). This instruction consolidates OSHA references and guidance related to shipyard employment into one "Tool Bag." To achieve the results required by the Department of Labor's performance goals, OSHA has been mandated to link compliance assistance and enforcement strategies, including the OSHA Consultation Program, to impact the targeted hazards and industries. For the shipyard industry, DOL's performance goal is to reduce injuries and illnesses by 20 percent over a five-year period.
    
    
14. Outreach and Cooperative Programs.
    
    
    1. OSHA Website. OSHA's website has been developed to provide the latest assistance to employers and employees in all industries, including the maritime industry (i.e., shipyard employment, marine terminals, and longshoring). The website can be accessed at:
       
       (Intranet - Accessible to OSHA only.)
       http://www.osha.gov/ (Internet - Accessible to the general public.)
       
       In addition to general industry and construction topics, specific maritime employment and related information can be found at:
       
       
       1. OSHA Assistance for the Maritime Industry. These pages are part of OSHA's commitment to provide maritime employers and workers with information and assistance to help in complying with OSHA standards and in ensuring safe and healthful workplaces.
          
          Information on these sites includes the following:
          
          
          1. Maritime Standards and Policy Information. This page provides direct links to OSHA maritime standards and policy documents for obtaining information and guidance regarding these standards.
             
             
          2. Maritime Topics. These include safety, health, and compliance information pertinent to a specific topic. This page contains links to related agencies and organizations that also can provide information or assistance to maritime employers and employees.
             
             
          3. Publications. OSHA has developed numerous safety and health publications covering a variety of topics. The publications on this page are selected from OSHA's general publications list because they provide information related specifically to maritime employment:
             
             Maritime Safety and Health Topics: OSHA Publications
             
             This information, along with many other publications, may be obtained through OSHA's publications page.
             
             Hard copies are also available, along with other publications, by dialing (202) 693-1888; Teletypewriter (TTY) number is (877) 889-5627.
             
             
          4. OSHA eTools. eTools are "stand-alone," interactive, web-based training tools on occupational safety and health topics. They are highly illustrated and use graphic menus. Some also use expert system modules, which enable the user to answer questions and receive reliable advice on how OSHA regulations apply to a particular worksite. The shipyard employment eTool addresses the entire group of 1915 regulations as they pertain to ship repair, shipbuilding and shipbreaking.
             
             OSHA eTools and Electronic Products for Compliance Assistance and Shipyard Employment eTool
             
             
          5. Shipyard Fatality Videos. OSHA has produced shipyard fatality videos based on actual accidents. The videos describe incidents, factors that contributed to each fatality, and recommended abatement strategies. Copies of OSHA's videos are distributed to OSHA regions and consultation projects managers. Information and availability regarding these videos can be obtained by contacting:

             Directorate of Science, Technology and Medicine
             Directorate of Technical Support
             200 Constitution Ave., NW, Room N3655
             Washington, D.C. 20210

          6. Shipyard Hazard Information Prevention Sheets (SHIPS). Shipyards often do not have the benefit of full-time, on-board safety and health specialists. To address this situation and help prevent injuries and illnesses, the shipyard community and OSHA have jointly developed Safety and Health Injury Prevention Sheets (SHIPS). SHIPS provides the end-user with specific guidance and "Dos and Don'ts" with accompanying photographs for various shipyard processes.
             
             
          7. Training and Outreach. Significant portions of OSHA's resources are directed to training OSHA and industry personnel in safety, health, and compliance procedures. Links are provided to State Consultation Projects that provide on-site consultation and training.
          
          
       2. Office of Maritime Enforcement (OME). This office provides support for the maritime industries (i.e., shipyard employment, marine terminals, and longshoring) including: comprehensive program guidelines, policies, procedures, technical assistance, and information dissemination. This involves but is not limited to the development of compliance interpretations, management and administration of the Part 1919 maritime cargo gear program, coordination of the activities of the agency's Maritime Steering Committee, development and coordination of maritime enforcement programs, and technical support for the Department of Labor's Office of the Solicitor. The office can be reached at (202) 693-2399, and its webpage provides contact information and links to related OSHA compliance, outreach, and maritime sites.
          
          
       3. Inspection Data. Inspection data are accessible through OSHA's web page. This link will take the user directly to the "Statistics and Data" page. This page allows the user to conduct searches by establishment, Standard Identification Classification (SIC) code [to be changed to the North American Industry Classification System (NAICS) effective October 1, 2005], OSHA inspection number, accidents, and frequently cited standards. The page also contains links to the Bureau of Labor Statistics (BLS) for inspection data and statistics. The Standard Industrial Classification (SIC) codes that apply to shipyard employment include: 3731, Shipbuilding and Repairing; 3732, Boat Building and Repairing; and 4499, Water Transportation Systems (Dismantling Ships).
       
       
    2. State Consultation Programs. Consultation assistance in all states is available from State Consultation Programs for employers who want help in establishing and maintaining a safe and healthful workplace. Priority scheduling is provided to small employers with 250 or fewer employees at the worksite. Consultants help employers identify and correct specific hazards and can assist in developing and implementing effective workplace safety and health programs with emphasis on preventing worker injuries and illnesses. Employers also may receive training and education assistance, along with limited assistance away from the worksite. Serious hazards identified by the consultant must be corrected by a due date mutually agreed upon by the consultant and the employer.
       
       
    3. Recognition Programs. OSHA's Strategic Management Plan Goal 2 requires OSHA to promote a safety and health culture through compliance assistance, cooperative programs, and strong leadership. In keeping with this goal, OSHA has developed recognition programs to assist and support employer safety and health activities:
       
       
       1. Safety and Health Achievement Recognition Program (SHARP). This program, operated by the State Consultation entities, recognizes the achievement of employers who operate exemplary safety and health management systems at their worksites. Participants in the SHARP program are granted exemption from programmed inspections (not complaint or accident investigations) for a minimum of one year. The Consultation Project Manager can recommend an exemption of up to two years, when a SHARP site is renewed.
          
          
       2. Voluntary Protection Program (VPP). The VPP represents OSHA's effort to extend worker protection beyond the minimum required by OSHA standards. This program, along with others such as expanded onsite consultation services and compliance assistance provided by full-service area offices, are cooperative approaches which, when coupled with an effective enforcement program, expand worker protection to help meet the goals of the Occupational Safety and Health Act of 1970.
          
          Qualified sites are approved to one of three programs: Star, Merit, and Star Demonstration (recognition for worksites that address unique safety and health issues). This program recognizes outstanding achievement of those who have successfully implemented comprehensive safety and health management systems. The program strives to motivate employers to achieve excellent safety and health results in their companies. It also strives to establish a relationship based on cooperation between employers, employees, and OSHA.
          
          TED 8.4, Voluntary Protection Programs (VPP): Policies and Procedures Manual, March 25, 2003.
       
       
    4. OSHA Strategic Partnership Program (OSPP). DOL's Strategic Plan Performance Goals 3.1C and 3.1D require offices to develop partnerships and other cooperative efforts with the shipyard industry to identify and address significant workplace hazards, emphasizing those hazards targeted (e.g., hazards in shipyard employment, lead, silica).
       
       The primary objective of partnerships is to leverage OSHA's resources and transform the agency into an organization that works more effectively and efficiently to serve its customers. A partnership is a voluntary relationship between OSHA, industry, and employee groups in which each party has equal status and a certain independence, but also an explicit or formal obligation to the other. OSHA partnerships vary by industry, but one essential characteristic exists in all: the desire to use collaborative or interest-based problem solving to resolve workplace issues. By changing behaviors and attitudes, partnerships can be an effective, non-adversarial tool for increasing the quality of employer's safety and health programs.
       
       
    5. OSHA Alliance Program. OSHA's Alliance Program enables organizations committed to workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and its allies work together to reach out to, educate, and lead the nation's employers and their employees in improving and advancing workplace safety and health. OSHA's Alliance with the Shipbuilder's Council of America is one example of OSHA's shipyard Alliances.
       
       
    6. Other Shipyard Resources. While OSHA considers the entities below to be valuable resources for information concerning safe and healthful workplace practices in the shipyard industry, employers accessing such information are not absolved of their obligations to comply with the Occupational Safety and Health (OSH) Act and standards promulgated pursuant to the OSH Act. Applying the recommendations or practices offered by these entities does not necessarily constitute compliance with the OSH Act and OSHA standards. In addition, OSHA does not control the publication of information on the websites listed in this section and cannot vouch for the accuracy, reliability, or timeliness of every piece of information contained in these websites.
       
       
       1. American Shipbuilding Association (ASA). The ASA is the national trade association that represents shipbuilders who design and build some of the most technologically advanced ships in the world. More information can be obtained at the association's website.
          
          
       2. Shipbuilders Council of America (SCA). The SCA is an industry advocacy group that also works with shipyards and associated groups to develop industry consensus on important issues to the maritime industry. The SCA meets in conjunction with the American Waterways Operators (AWO), the national trade organization representing the inland coastal barge and towing industry. The SCA is organized around four standing committees: Safety, Health and Human Resources; Repair; New Construction; and Cleaning Facilities. More information can be obtained at the council's website. The SCA also provides training materials for the shipyard employment industry (such as crane safety, ergonomics, and shipyard safety orientation videos).
          
          
       3. The National Shipbuilding Research Program (NSRP). The National Shipbuilding Research Program is led by a collaboration of 11 U.S. shipyards, working as a team with government, industry and academia, whose stated mission is to manage and focus national shipbuilding research and development funding on technologies that will reduce the cost of warships to the U.S. Navy and will establish U.S. international competitiveness. NSRP also provides a collaborative forum to improve business acquisition processes. More information can be obtained at the program's website.
          
          
       4. The American Waterways Operators (AWO). The American Waterways Operators (AWO) association represents the owners and operators of tugboats, towboats and barges. The AWO's mission is to promote the economic soundness of the industry, and to promote safe, efficient, and environmentally responsible transportation of goods and freight, through advocacy, public information, and the establishment of safety standards. More information can be obtained at the association's website.
    
    
15. Training. Training consists of both internal training for OSHA consultation and enforcement staff, and external training for shipyard employers and employees. Training sources include: the OSHA Office of Training & Education, State Consultation and Training Programs, OSHA Area Offices, U.S. Merchant Marine Academy , and recipients of state and federal training grants.
    
    
    1. OSHA Office of Training & Education (OTE). OSHA's Office of Training & Education in Arlington Heights, IL, provides basic and advanced training and education in safety and health for federal and state compliance officers; state consultants; other federal agency personnel; and private-sector employers, employees, and their representatives. Institute courses cover areas such as: maritime standards (Course # 206), electrical hazards, health hazards, machine guarding, cranes, and rigging. The institute facility includes classrooms, laboratories, a library, and an audiovisual unit. The OSHA Office of Training & Education also has established OSHA Training Education Centers to address the increased demand for its courses from the private- sector and from other federal agencies. These centers are non-profit colleges, universities, and other organizations that have been competitively selected to participate in the program. OSHA Training Education Centers are located in various parts of the United States.
       
       Registration information and course schedules are available on the OTE Registration Information/Course Schedule web page.
       
       
    2. State Consultation and Training Programs. State Consultation and Training Programs can provide a variety of on-site training (basic through advanced) and education for private-sector employers, employees, and their representatives. They offer a wide variety of both general and employer-specific courses that cover areas such as electrical hazards, machine guarding, ventilation, and ergonomics.
       
       
    3. U.S. Merchant Marine Academy. In conjunction with OTE, a shipyard industry processes training course has been developed by the U.S. Merchant Marine Academy in Kings Point, New York. The purpose of this course is to introduce the basics of shipyard processes, including shipbuilding, ship repair, and shipbreaking. The course focuses on shipyard terminology, vessel configurations, and shipyard facilities and layouts. This course is available to OSHA compliance officers and all other interested parties.
       
       
    4. Federal Training Grants. OSHA offers funds to nonprofit organizations to train employers and employees to recognize, avoid, and prevent safety and health hazards in their workplaces.
    
    
    
16. Enforcement Program. In order to carry out the purpose of the Occupational Safety and Health Act and the mandates in DOL's Strategic Plan and OSHA's Strategic Management Plan, OSHA compliance officers may enter places of shipyard employment to conduct programmed inspections or to investigate complaints, referrals, catastrophes (i.e. hospitalization of three or more employees), and fatal incidents. General inspection criteria and contact information can be found in OSHA Instruction CPL 2.103, OSHA Field Inspection Reference Manual.
    
    
    1. Inspection Scheduling. The shipyard industry is made up of several industrial activities, and due to the unique differences among these activities, several scheduling methods are necessary. Consequently, shipyard employment inspections can be scheduled as National Emphasis Program s (NEP), Site Specific Targeting (SST), or Local Emphasis Program s (LEP). The NEP for lead, as well as the Special Emphasis Program (SEP) for silica, also apply to shipyard employment. All other scheduled shipyard employment inspections would be conducted under LEPs that support OSHA's Areas of Emphasis.
       
       
       1. National Emphasis Programs (NEPs). Guidance for conducting National Emphasis Program inspections in shipyard employment follow:
          
          
          1. CPL 03-09 (CPL 2), Site Specific Targeting 2003 (SST-03), October 20, 2003.
             
             
          2. CPL 2-0.129, OSHA's National Emphasis Program (NEP) on Shipbreaking, August 1, 2001.
             
             
          3. CPL 2-0.130, National Emphasis Program on Lead, July 20, 2001.
             
             
          4. Special Emphasis Program (SEP) for Silicosis, May 2, 1996.
             
             Safety and Health Topics: Silica, Crystalline
          
          All other scheduled shipyard inspections would be conducted under LEPs that support DOL's Strategic Plan and OSHA's Strategic Management Plan Goals.
          
          
       2. Local Emphasis Programs (LEPs). LEPs are a type of Special Emphasis Program as described in OSHA Instruction CPL 2.25I. One or more area offices in a region can participate. LEPs may be originated at the Area Office or Regional level.
          
          
          1. CPL 2-0.102A, Procedures for Approval of Local Emphasis Programs (LEPs), November 10, 1999.
          
          LEPs are generally based on knowledge of local industry hazards or knowledge of local industry injury/illness rates. LEPs may include targeting of employers with 10 or fewer employees, as long as they do not conflict with restrictions under Congressional Appropriations Act riders described in OSHA Instruction CPL 2-0.51J or successor guidance.
          
          The most recent list of OSHA Local Emphasis Programs (LEPs) in effect is available at the Directorate of Enforcement Program's (DEP) Homepage (Intranet - accessible to OSHA only).
          
          
       3. Inspection Lists. These lists consist of shipyards from which inspections will be scheduled. Regional and area offices are responsible for generating establishment lists that meet the criteria in OSHA Instruction CPL 2.25I. These lists are updated from sources such as the Navy, MARAD , and industry, as the information becomes available.
          
          
       4. Scheduling Priorities. OSHA's priority system for conducting inspections is designed to distribute available resources effectively to ensure that a high level of protection is provided to workers throughout the nation. The inspection order of priority is:
          
          
          1. Imminent danger, fatalities and catastrophes;
             
             CPL 2.113, Fatality Inspection Procedures, April 1, 1996.
             
             
          2. Complaints/referrals;
             
             CPL 2.115, Complaint Policies and Procedures, June 14, 1996.
             
             
          3. Programmed inspections;
             
             CPL 2.25I, Scheduling System for Programmed Inspections, January 1, 1995.
       
       
    2. Inspection Procedures. General information on interventions and inspections can be found in OSHA Instruction CPL 2.103, OSHA Field Inspection Reference Manual.
       
       For shipyard intervention and inspection work specifically, OSHA supervisors, team leaders and CSHOs are advised of the following:
       
       
       1. Preparation. To conduct an effective shipyard inspection the CSHO must spend an adequate amount of time preparing. Supervisors or team leaders are responsible for ensuring CSHOs are qualified by either training or experience to inspect/intervene in shipyard establishments.
          
          
       2. Inspection Materials and Equipment. Before participating in any shipyard interventions or inspections, CSHOs must be properly equipped and attired. All necessary personal protective equipment (PPE) must be available for use and in proper operating condition. CSHOs must be trained in the uses and limitations of PPE before beginning the inspection. All testing and monitoring equipment also must be in good condition. CSHOs must be thoroughly trained in the proper use of all monitoring equipment before assignment to any shipyard inspection. It may be advisable for CSHOs to carry an O2-LEL meter when conducting vessel inspections.
          
          
       3. Safety and Health Rules of the Shipyard. 29 CFR 1903.7(c) requires the CSHO to comply with all safety and health rules and practices at the shipyard, and wear or use the safety clothing or protective equipment required by OSHA standards or by the employer for the protection of employees.
          
          
       4. Maritime Standard Alleged Violation Elements (SAVEs). Current Maritime SAVEs are available for CSHOs. In a joint effort by Directorate of Enforcement Programs (DEP)/Office of Maritime Enforcement (OME) and selected OSHA field offices, Maritime SAVEs have been developed to provide 100 percent coverage of all enforceable standards for the maritime industries: shipyard employment, marine terminals, and longshoring. The Maritime SAVEs provide SAVEs and their respective Alleged Violation Descriptions (AVDs) that have been specifically tailored for maritime applications. OME is responsible for maintaining the Maritime SAVEs.
       
       
    3. Multi-employer Worksites. For multi-employer worksites at shipyards, more than one employer may be liable for a hazardous condition that violates an OSHA standard. The process which must be followed in determining whether more than one employer is liable for employee safety and health can be found in OSHA Instruction CPL 2-0.124, Multi-Employer Citation Policy.
       
       The regional Solicitor's Office is available to address issues concerning the application of the Multi-employer Worksite doctrine.
       
       
    4. Application of Shipyard Employment (29 CFR Part 1915) and General Industry Safety and Health Standards (29 CFR Part 1910) to Ship/Boat Yards. This section offers guidance regarding the application of the Shipyard Employment Standards (Part 1915) and the General Industry Safety and Health Standards (Part 1910) to shipyards and boatyards. The application of the standards varies by location.
       
       
       1. Shipyards and Boatyards Located On or Adjacent to Navigable Waterways. Employees performing ship or boat building, repairing, or breaking operations and related activities on or adjacent to a navigable waterway of the United States are covered by the shipyard and applicable general industry standards. This includes dry docks, graving docks, marine railways, and other facilities located on the water, or in close proximity to the water. As noted within the respective standard paragraphs, some of the 29 CFR Part 1915 Shipyard Employment provisions do not apply to shipbuilding or shipbreaking (e.g., 1915.77(b) through (d) do not apply to shipbreaking)⁽¹⁾. Application of the 29 CFR Part 1910 standards is addressed in Appendix A.
          
          When a Shipyard Employment Standard (29 CFR Part 1915) is specifically applicable to a condition, practice, means, method, operation, or process, it takes precedence over any General Industry Safety and Health Standard (29 CFR Part 1910) which might otherwise be applicable. However, General Industry Safety and Health Standards (29 CFR Part 1910) can be applied where coverage of a Shipyard Employment Standard (29 CFR Part 1915) is either limited or absent. Nevertheless, the application of certain General Industry Standards can be limited by their Scope and Application statements. In these cases, the General Duty Clause can be used, where appropriate, to cite recognized hazards not covered by a specific standard.
          
          Where a Shipyard Employment Standard (29 CFR Part 1915) is applicable but the employer has complied with a General Industry Safety and Health Standard (29 CFR Part 1910) that provides equivalent protection for the same workplace condition or hazard, OSHA will consider the employer to be in de minimis violation of OSHA regulations. De minimis violations carry no penalties and do not require abatement, and OSHA does not issue citations. It is emphasized that this would not apply to a situation where the Part 1915 standard provides greater or additional worker protection. For example, 1915.132(c) requires the switch for a portable electric tool to be of a type that must be manually held in the closed position, while 1910.243(a)(2) allows a different type of switch with less stringent requirements. For shipyard employment, the more protective provisions of 1915.132(c) must be complied with.
          
          
       2. Boatyards Not On a Navigable Waterway. 29 CFR Part 1910 contains the applicable safety and health standards for boat building and manufacturing facilities, including recreational boats, that are not located adjacent to or on United States' navigable waters.
       
       
    5. Violation Abatement Assistance Program. One of DOL's Strategic Plan performance goals is to reduce workplace injuries and illnesses in the shipyard industry by four percent each year during the period 2003-2008. To help meet this goal, shipyard industry employers are encouraged to seek advice and off-site consultation. The employer should make these requests by writing, calling, or visiting the nearest OSHA office.
    
    
    
17. Coordination. This instruction will be coordinated by the Directorate of Enforcement Programs (DEP). Questions and comments should be directed to the Office of Maritime Enforcement (OME).
    
    
18. Program Evaluation. During interventions and inspections, area offices will continue to collect data and information such as OSHA 200/300 Log entries and calculate reductions in DART rates (see definition paragraph XI.B.) to measure the effectiveness of OSHA's initiatives to improve shipyard employment safety and health. Area offices will forward this information to their respective regional offices. At the end of each fiscal year, after summarizing the data and information, the regional offices will forward the summary to the National Office, Directorate of Enforcement Programs (DEP). DEP also will serve a coordinating role, collecting information from regional offices on best practices in shipyard employment and, after review and evaluation, disseminating the information to regional offices and the Office of Training & Education (OTE).

(c)(1) If a particular standard is specifically applicable to a condition, practice, means, method, operation, or process, it shall prevail over any different general standard that might otherwise be applicable to the same condition, practice, means, methods, operation, or process...

(c)(2) On the other hand, any standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry...to the extent that none of such particular standards applies.

• 1915.152, General requirements.
  
  
• 1915.153, Eye and face protection.
  
  
• 1915.154, Respiratory protection(Covered by 1910.134).
  
  
• 1915.155, Head protection.
  
  
• 1915.156, Foot protection.
  
  
• 1915.157, Hand and body protection.

• 1915.162, Ship's boilers.
  
  
• 1915.163, Ship's piping systems.
  
  
• 1915.164, Ship's propulsion machinery.
  
  
• 1915.165, Ship's deck machinery.
  
  
• 1915.181, Electrical circuits and distribution boards.

• On certain vessels, particularly tankers and bulk liquid barges, there are a considerable number of manholes, inspection plates, and other deck openings such as Butterworth holes. These openings are used during construction and repair for the entry of men and materials as well as for ventilation, either forced or natural. Uncovered openings may exist for very short periods of time, such as for inspection, or may exist for longer periods of time, as during shipbuilding or major ship repairs. The "U" bar guard was designed to allow for immediate installation, whereas a welded guard would take longer to fabricate than the manhole would be uncovered for work or for inspection.
  
  
• The "U" bar guard provides a substantial hand hold for employees entering or leaving the tank or compartment and results in a safer entry and exit, whereas a fixed periphery guard necessitates climbing over the upper rail, which contributes to the hazardous condition.
  
  
• Unsecured portable type periphery guards, similar to those used in guarding street utility manholes, would be subject to slipping and sliding on the steel deck when struck by materials or men working in the vicinity.
  
  
• A portable or fixed periphery guard would have to be removed to permit materials to be lowered or hoisted into the space, during which time no protection would be provided. In most cases, a "U" bar guard does not require removal for similar operations, thus providing the greatest amount of protection to the employee.
  
  
• In tanker and liquid barge repair, where manhole access is necessary into those tanks classified by the Marine Chemist as "Safe for Workers, Not Safe for Hot Work," and where no hot work is permitted, the "U" bar guard is particularly suitable in that no hot work is required for its installation.
  
  
• Due to the configuration and standardization of the "U" bar guard, safe storage and handling is achieved, reducing the likelihood of injury.
  
  
• Recognizing that manholes are generally of standard size, as are bolt and thread sizes, "U" bar guards designed and fabricated in conformity with general manhole size standards can be used consistently from vessel to vessel, thereby heightening their acceptability and ready use.

• International Labor Organization (ILO) Publication - Safety and Health in Dockwork.
  
  
• Det Norske Veritas (DNV) Standard - NS 6249.
  
  
• International Standard - ISO 5488.
  
  
• U.S. Coast Guard Safety Alert - Gangplanks, A Vital Area for Safety.