DDLA PRESENTATIONNEW ORLEANS, LA

OSHA SAFETY & HEALTH REGULATIONS AND HOW

THEY APPLY TO MARINE CARGO HANDLING FACILITIES AND

ABOARD VESSELS

HISTORY OF OSHA

• OSH Act signed into law on December 29, 1970

• Occupational Safety & Health Administration (OSHA) established on April 28, 1971

• OSHA’s mission:

1. Write, publish and enforce workplace safety and

health standards;

2. Provide training, outreach, education and

assistance to those covered by the Act.

OSHA JURISDICTIONOSHA’s Safety & Health standards apply to private sector employers and

workers in all 50 States, the District of Columbia and other U.S. Territories

through either:• The Federal Occupational Safety & Health Administration - - or• State Occupational Safety & Health Plans approved by Federal

OSHA .

State Safety & Health Plans must meet or exceed Federal OSHA Safety &

Health requirements.

25 STATES & 2 U.S. TERRITORIES WITH OSHA APPROVED PLANS Alaska Iowa New Mexico Utah

Arizona Kentucky New York Vermont

California Maryland North Carolina Virginia

Connecticut Michigan Oregon Virgin Islands Hawaii Minnesota Puerto Rico Washington

Illinois Nevada South Carolina Wyoming

Indiana New Jersey Tennessee

OSHA APPROVED STATE SAFETY & HEALTH PLANS WITH

MARITIME COVERAGE

Except where U.S. Coast Guard regulations apply, only 4 states with OSHA approved Safety & Health Plans have authority over unsafe conditions on Marine Cargo Handling Facilities to which employees are exposed. They are:

California - Minnesota - Vermont - Washington

Unsafe working conditions at Marine Cargo Handling Facilities in all other States and U.S. Territories fall under Federal OSHA jurisdiction, except where U.S. Coast Guard regulations apply.

Should a reportable personal injury accident occur aboard a vessel or on a marine terminal, the USCG and OSHA will usually consult with one another, in order to determine who has jurisdiction.

NOTE: States with OSHA approved plans may have marine cargo handling facility regulations

that exceed Fed OSHA requirements. This presentation will focus only on

requirements found in Federal OSHA regulations.

OSHA AUTHORITY OVER SEAMAN ABOARD INSPECTED VESSELS

OSHA does not have the authority to enforce safety

and health regulations, with respect to working

conditions involving Seamen aboard inspected

vessels, except for regulations dealing with:

• Reporting and recordkeeping of occupational injuries and illnesses.

OSHA has no authority over foreign seamen on foreign

vessels.

DEFINITION OF A SEAMAN

A Seaman is an individual engaged or employed aboard a vessel

in navigation and who has a substantial connection with the

vessel, or an identifiable group of vessels in navigation, and who

contributes to the function of the vessel in navigation or to the

accomplishment of its mission, including but not limited to the

navigation of the vessel.

The connection to the vessel or vessels must be substantial in

terms of both its duration (30% or more of the seaman’s time) and

its nature.

A vessel in navigation is one which is on a voyage or which is at

anchor, berthed, or dockside, but not one which is undergoing a

major overhaul or renovation.

EMPLOYEES OTHER THAN SEAMAN WORKING ABOARD INSPECTED VESSELS

OSHA does have the authority to enforce safety and

health regulations with the respect to employees other-

than-seamen working aboard inspected vessels. This

would include:

SHIPYARD WORKERS

and

LONGSHOREMEN

LONGSHORING OPERATIONS

EMPLOYEE OTHER THAN A SEAMAN WHO IS LOADING CARGO ONTO THE DECK OF AN INSPECTED VESSEL. OSHA HAS SAFETY & HEALTH AUTHORITY OVER THIS TYPE OPERATION.

UNINSPECTED VESSELS

OSHA has the authority to enforce safety and health

regulations for unsafe working conditions aboard

uninspected vessels to which employees are exposed,

including seamen, as long as the hazards are not

covered by existing U.S. Coast Guard regulations.

TYPES OF OSHA SAFETY & HEALTH STANDARDS AND HOW THEY APPLY

HORIZONTAL STANDARD

General Industry - 29CFR Part 1910• Applies to all types of industry to one degree or another.

VERTICAL STANDARDS

Shipyard Employment - 29CFR Part 1915

Marine Terminals - 29CFR Part 1917

Longshoring - 29CFR Part 1918

Construction - 29CFR Part 1926

Agriculture - 29CFR Part 1928 • Designed to apply to specific industries.

OSHA SAFETY & HEALTH STANDARDS AND HOW THEY APPLY

29CFR Part 1915 1917 1918 1926 1928

S M L C A

H A O O G

V ERTICAL I R N N R

STANDARDS P I G S I

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A E H R U

R O U L

D T R C T

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M G O E

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GENERAL INDUSTRY - 29CFR PART 1910

HORIZONTAL STANDARD

MARINE TERMINAL REGULATIONS29CFR Part 1917

• Apply to waterfront facilities involved in vessel to shore or shore to vessel cargo handling operations;

• Apply to handling, moving and storing cargo within a waterfront facility warehouse or open area, as well to or from land based carriers such as railcars and freight trucks;

• Apply to routine maintenance of a waterfront facility and its equipment;

• Apply to marine cargo handling gear and devices used at a waterfront facility.

FORKLIFT TRUCK UNLOADING CARGOFROM A LAND BASED CARRIER

BULK LIQUID AND GAS FACILITIES

OSHA regulations do not apply to

facilities used solely for the bulk

storage, handling and transfer of

flammable, non-flammable and

combustible liquids and gases

BULK LIQUID STORAGE, HANDLING AND TRANSFER FACILITY

LONGSHORING REGULATIONS29CFR Part 1918

Longshoring 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.WORKERS HOOKING-UP CARGO TO BE LOADED ON A VESSEL

OSHA REQUIRED EMPLOYEE TRAINING

Required employee training includes, to name a few:• Workplace Hazard Awareness and Prevention.• Powered Industrial Truck Operator;• Hazard Communication;• Employee Action in Response to a Sudden Emergency Situation;• Proper Use and Types of Fire Extinguishers.• Emergency First Aid • Accident Investigation and Reporting;• Confined Work Space Entry• Personal Protective Equipment;

• Supervisory Accident Prevention Proficiency;

- Supervisors of more than five (5) persons must satisfactorily

complete a course in accident prevention.

POWERED INDUSTRIAL TRUCK OPERATOR TRAINING & EVALUATION

A Powered Industrial Truck is defined by OSHA as a vehicle

that can carry, push, pull, lift or tier loads.

• OSHA Powered Industrial Truck Standard for General Industry issued on December 1, 1998 (29CFR1910.178)

• Requires an operator to be competent to operate a powered industrial

truck safely.

• Can be accomplished by an employee successfully completing a powered industrial truck operator training course

• Training course must meet requirements listed in the OSHA standard. (see handout)

TYPES OF POWERED INDUSTRIAL TRUCKS

There are many different types of powered industrial trucks

covered by OSHA’s standard, such as a typical gasoline or LPG

operated forklift truck.

WALK/RIDE PALLET TRUCKS

CONTAINER HANDLERS

ROUGH TERRAINE FORKLIFT TRUCKS

SEMI-TRACTORS OR YARD HUSTLERS

ATTACHMENTS

Powered industrial truck operators must also be training and

evaluated on the types, proper use and limitations of special

attachments that they may be required to use. Such as:

BALE CLAMP ATTACHMENTS

ROLL CLAMP ATTACHMENTS

DRUM HANDLING ATTACHMENTS

PIT OPERATOR TRAINING COURSE REQUIREMENT

Powered Industrial Truck Operator Training must consist of a

combination of:

Formal Instruction • Lecture, audio visuals, handouts and testing.

Practical Training• Demonstrations and exercises performed by the trainee while operating

a powered industrial truck - - and

Evaluation • Observing the operator’s performance.

 

Training and evaluation must be conducted by a person

with the knowledge, training and experience necessary to

train powered industrial truck operators and to evaluate

their competence.

EVALUATION & REFRESHER TRAINING

An evaluation of each powered industrial truck operator’s

performance must be conducted:• After initial training,• After refresher training - - and• At least once every three years

Refresher training is required when:• An operator is observed operating in an unsafe manner; • An operator is involved in an accident or near-miss accident;• An operator’s performance indicates a need for additional

training;• A different type of PIT is introduced into the workplace;• Conditions in the workplace change.

CERTIFICATION

Certificates issued to employees who successfully complete

Powered Industrial Truck Operator Training Courses shall include:• Name of operator• Date of training• Date of performance evaluation• Type of PIT certified to operate• Type of special attachment certified to use• Identity of person(s) performing the training and evaluation

Re-certification is required every three years.

OSHA vs MARINE CARGO HANDLING INDUSTRY

As the result of a law suit filed jointly by Management Associations and

Organized Labor representing the Marine Cargo Handling Industry in

order to stop enforcement of the PIT operator training rule in the Marine

Cargo Handling Industry, due to its unique labor situation, a settlement

agreement was reached by all parties on July 14, 2000. The settlement

agreement allows employers in the Marine Cargo Handling Industry to:• Conduct refresher training and operator evaluation on-the-job during

the normal course of business rather than every 3 years - - and• Re-certify PIT operators every 3 years by a review of operator records

only.

Review must be conducted by a PIT Operator Re-Certification Committee

and the Committee must be satisfied with the operator’s past

performance.

OSHA INJURY AND ILLNESS REPORTING REQUIREMENTS

EMPLOYERS MUST NOTIFY OSHA WITHIN 8 HOURS• If an injured or ill employee dies within 30 days of a work related

incident;

• If 3 or more employees are hospitalized within 30 days of a single work related incident;

• If an employee has a fatal heart attack while at work.

(The local OSHA Area Director will decide whether or not to investigate

the heart attack incident, depending on the information provided)

NOTE: States with OSHA approved programs may have more stringent injury and illness

reporting requirements than that required by Fed OSHA.

OSHA INJURY & ILLNESS RECORDKEEPING REQUIREMENTS

OSHA requires employers to record work related injuries or illnesses, if

they results in one or more of the following:

1. Death;

2. Days away from work;

3. Restricted work or transfer to another job;

4. Medical treatment beyond first aid - - and

5. Loss of consciousness.

Employers must also:

1. Complete an injury/illness report within 7 days from the time the

employer first learns of the incident. (OSHA 301 form or equivalent form)

2. Enter required information on OSHA’s 300 log of injuries and illnesses.

3. Maintain injury and illness records for a period of five years and make

them available to OSHA upon request.

END OF YEAR INJURY & ILLNESS RECORDKEEPING AND POSTING REQUIREMENTS

AT THE END OF EACH CALENDAR YEAR, EMPLOYERS MUST:• Review the OSHA 300 Log to verify that entries are complete and

accurate, and correct any deficiencies detected;

• Complete the OSHA 300-A annual summary of injuries and illnesses form (or equivalent form), taking the information that is recorded on the OSHA 300 Log;

• Have the OSHA 300-A annual summary form examined and signed by a company executive - - and

• Post a copy of the summary where it is visible to employees from February 1 to April 30 of the year following the year covered by the summary.

NOTE: States with OSHA approved programs may have more stringent end of year injury and

illness recordkeeping and posting requirements than that required by Fed OSHA.

OSHA CITATIONS AND PENALTIES

When a OSHA Compliance Officer inspects a workplace or investigates an accident and sees a condition that he or she considers to be in violation of an OSHA regulation, the employer can be issued a citation for one or more different type violations.

Employers have the right to contest an OSHA citation, a proposed penalty, the abatement period or all three. The steps are as follows:1. Informal Conference (Meet with OSHA Area Director to discuss case and enter into a settlement

agreement. Must take place within 15 days from receipt of citation.)

2. Formal Contest (Employer must file a written Notice of Contest within 15 days of receipt of citation with the OSHA Area Director. The case will then be assigned to an Administrative Law Judge for a formal hearing.)

3. Further Review by the Occupational Safety & Health Review Commission (The OSHRC is an independent agency not associated with OSHA or the Department of Labor.)

4. U.S. Court of Appeals (Further legal action)

NOTE: States with OSHA approved programs may have their own appeals process system and their citation and penalty procedures may differ somewhat from Fed OSHA.

OTHER THAN SERIOUS VIOLATION

A violation that probably would not cause

death or serious physical harm.

PENALTY

Up to $7,000 is discretionary For each violation.

NOTE: Penalty may be adjusted downward by as much as 95%, depending on

employer’s good faith, history of previous violations and size of business.

SERIOUS VIOLATION

A violation where there is substantial probability

that death or serious physical harm could result

and the employer knew, or should have known,

of the hazard.PENALTY

Up to $7,000 is mandatory

For each violation.

NOTE: Penalty may be adjusted downward, depending on employer’s good faith,

history of previous violations, gravity of the alleged violation and size of business.

WILLFUL VIOLATION

A violation that the employer knowingly commits or

commits with plain indifference of the law. The employer

was aware that a hazardous condition existed and made no

reasonable effort to eliminate it.

PENALTY $5,000 minimum up to $70,000

For each violation.

NOTE: Penalty may be adjusted downward, depending on employer’s

history of previous violations and size of business. No credit for

good faith.

REPEATED VIOLATION

A violation observed by an OSHA Compliance

Officer that is the same or substantially similar

to a violation found during a previous

inspection of an employer’s facility or

operation. PENALTY

Up to $70,000 is mandatory For each violation.

OSHA will not adjust the penalty downward.

FAILURE TO ABATE PRIOR VIOLATION

When the employer fails to correct an unsafe

condition within the time allowed by OSHA to

do so.

PENALTY Up to $7,000

For each day the violation continues

beyond the prescribed abatement date.

OTHER TYPE VIOLATIONS

OSHA violations for which citations and proposed penalties may be issued upon conviction:

• Falsifying records, reports or applications($10,000 fine or up to 6 months in jail or both)

• Violations of posting requirements (Civil penalty up to $7,000)

• Assaulting, resisting, opposing, intimidating, or interfering with an OSHA Compliance Officer while he or she is engaged in the performance of their duties.

(Criminal offense subject to a fine not more than $5,000 and imprisonment for not more than 3 years)

OSHA GENERAL DUTY CLAUSE

Section 5(a)(1) of the Occupational Safety & Health Act covers

hazardous conditions to which employees are exposed that are

not covered by existing OSHA regulations. The section states:

“Each employer shall furnish to each of his employees

employment and a place of employment which are free from

recognized hazards that are causing or are likely to cause death or

serious physical harm to his employees.”

Penalty for violation of OSHA’s General Duty Clause can be up to

$70,000 for each violation written.

CRIMINAL PROSECUTION OF COMPANY OFFICIALS

An employer can be held criminally liable if:• Convicted of WILLFULLY violating an OSHA standard that

resulted in the death of an employee.

The offense is punishable by a court-imposed fine of up to

$250,000 for an individual, or $500,000 for a corporation, or

by imprisonment for up to six (6) months, or both.

The person most in charge of the operation where the

fatality occurred is the person usually held responsible

and the person who will probably be fined and/or

imprisoned.

PRESSURE RELIEF