Longshoring and marine terminals

Under 1910.16(a)(1) Part 1918 of the OSHA standards applies exclusively to employees engaged in longshoring operations or related employment aboard any vessel.

• This means activities like loading, unloading, and other shipboard cargo work are covered by Part 1918.
• Shore-based cargo transfer using shore-based material handling devices is governed by Part 1917, not Part 1918.

Under 1910.16(a)(2) a limited list of Part 1910 provisions continues to apply to longshoring operations; most of Part 1910 does not.

• Applicable provisions include: Access to employee exposure and medical records, 1910.1020; Hazard communication, 1910.1200; Respiratory protection, 1910.134; Noise, 1910.95; Ionizing radiation, 1910.1096; and Powered industrial truck operator training, 1910.178(l).

• See the full list of exceptions and applicable sections at 1910.16(a)(2).

Under 1910.16(a)(2)(ix) Subpart Z generally applies to marine cargo handling activities, except when the hazardous material is in a sealed, intact package meeting Department of Transportation or International Maritime Organization requirements, and in a few other specific cases.

• The specific exception reads: when a substance or cargo is contained within a sealed, intact means of packaging or containment complying with DOT or IMO requirements, Subpart Z does not apply; see 1910.16(a)(2)(ix)(A).

• Other exclusions include bloodborne pathogens, 1910.1030, carbon monoxide and hydrogen sulfide exposure limits in 1910.1000.

• In practice, if cargo is in intact certified containers (for example containers closed and labeled per IMO/DOT), many Subpart Z requirements do not apply during handling; however, if packaging is breached or cargo is handled outside that containment, Subpart Z protections (e.g., SDS, exposure controls) do apply.

Under 1910.16(b) Part 1917 of OSHA's standards applies exclusively to employment within a marine terminal, subject to a set of listed exceptions.

• Marine terminal activities are generally regulated by Part 1917.

• The rule lists exceptions where specific [Part 1910] provisions still apply at marine terminals (for example abrasive blasting, respirators, scaffolding, electrical, noise, etc.); see 1910.16(b)(2).

• Also note the carve-outs that take certain facilities out of Part 1917 coverage entirely (e.g., facilities used solely for bulk storage/transfer of flammable/combustible liquids and gases), see 1910.16(b)(1)(i).

Under 1910.16(b)(2) several specific [Part 1910] standards continue to apply at marine terminals even though Part 1917 governs most terminal operations.

• Examples include: Abrasive blasting, 1910.94(a); Access to employee exposure and medical records, 1910.1020; Respiratory protection, 1910.134; Noise, 1910.95; Scaffolding, 1910.28; and Powered industrial truck training, 1910.178(l).

• See the full list at 1910.16(b)(2) and apply each cited 1910 standard as written for marine terminal operations.

Under 1910.16(c)(1) a "longshoring operation" means the loading, unloading, moving, or handling of cargo, ship's stores, gear, etc., into, in, on, or out of any vessel.

• This definition covers typical shipboard cargo activities and related handling work; see 1910.16(c)(1).
• Related employment (e.g., rigging, securing cargo, porters, checkers) is defined separately in 1910.16(c)(2).

Under 1910.16(c)(4) a "marine terminal" means wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or areas associated with the primary movement of cargo or materials between vessel and shore.

• The definition includes structures devoted to receiving, handling, holding, consolidation, and loading or delivery of waterborne shipments or passengers and areas for terminal or equipment maintenance; see 1910.16(c)(4).
• It does not include production/manufacturing areas with their own docking facilities that are distinct from the terminal's cargo-movement functions.

Under 1910.16(b)(1)(i) facilities used solely for the bulk storage, handling, and transfer of flammable and combustible liquids and gases are not covered by Part 1917's marine terminal rules.

• That carve-out means those bulk-storage facilities are excluded from Part 1917 marine terminal requirements; see 1910.16(b)(1)(i).
• Employers should instead determine which other OSHA standards or industry regulations apply to those specific bulk storage operations.

Under 1910.16(a)(2)(vii) exposures to nonionizing radiation from commercial vessel radar transmitters are considered hazardous when: (1) the radar is transmitting, the scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or less; or (2) the radar is transmitting, the scanner is rotating, and the exposure distance is 5.2 feet (1.8 m.) or less.

• These specific distance-based conditions are prescribed in 1910.16(a)(2)(vii).
• If worker access puts them within those distances while the radar is transmitting, employers must treat the exposure as hazardous and follow the applicable nonionizing radiation rules at 1910.97 as incorporated by 1910.16(a)(2)(vii).

Under 1910.16(a)(2)(x) (longshoring) and 1910.16(b)(2)(xiv) (marine terminals) employers must provide powered industrial truck operator training that meets 1910.178(l).

• The training requirement applies where powered industrial trucks (forklifts, etc.) are used in those operations; see 1910.178(l).
• Ensure operator training, evaluation, and refresher training conform to 1910.178(l).

Under 1910.16(b)(2)(xiii)(A) a hazardous substance is exempt from some Subpart Z obligations when it is contained within a sealed, intact package or containment that complies with Department of Transportation (DOT) or International Maritime Organization (IMO) rules.

• Practically, this means properly classified, packed, marked, and sealed containers (e.g., IMDG Code-compliant packages) can limit certain workplace hazardous-material requirements while intact; see 1910.16(b)(2)(xiii)(A).

• If the container is breached, opened, repacked, or otherwise not intact during handling, Subpart Z obligations (SDS availability, exposure controls, training) resume per 1910.1200.

• For international shipping, the IMO’s IMDG Code is referenced by note in the standard; see 1910.16(b)(2)(xiii)(A).

Under 1910.16(a)(2)(ix)(B) exposures to bloodborne pathogens during marine cargo handling are covered by [1910.1030], the Bloodborne Pathogens standard.

• Employers must follow 1910.1030 requirements such as exposure control plans, PPE, training, and hepatitis B vaccination when employees have potential occupational exposure to blood or OPIM (other potentially infectious materials).
• Even if other parts of Part 1910 do not apply to longshoring, the bloodborne pathogens standard is explicitly retained for these activities in 1910.16(a)(2)(ix)(B).

Under 1910.16(a)(2)(ix)(C) and (D) carbon monoxide and hydrogen sulfide exposures in marine cargo handling are regulated by the permissible exposure limits listed in [1910.1000].

• Carbon monoxide and hydrogen sulfide are covered under 1910.1000, and the marine standards reference crossovers for specific contexts (see 1910.16(a)(2)(ix)(C) and 1910.16(a)(2)(ix)(D)).
• Marine-terminal cross references (for example to 1918.94(a) and 1917.73(a)(2) where applicable) point to where the exposure limits and monitoring obligations should be applied in marine contexts.

Under both 1910.16(a)(2)(i) and 1910.16(b)(2)(ii) employers must comply with the records access and retention requirements in [1910.1020].

• That means employers must establish, maintain, and provide access to employee exposure and medical records as required by 1910.1020, including allowing employees or their designated representatives access to records and maintaining records for specified retention periods.
• Even when longshoring/marine terminal operations fall under other Parts (1917/1918), the access-to-records obligations in 1910.1020 remain applicable per 1910.16.

Under 1910.16(b)(2)(x) employers at marine terminals must implement a respiratory protection program that meets [1910.134] when respirators are required.

• If workplace hazards (e.g., airborne contaminants, oxygen-deficient atmospheres) make respirators necessary, employers must follow 1910.134 requirements for program administration, medical evaluation, fit testing, training, and respirator selection.
• For additional context on how 29 CFR 1910.134 is applied (including definitions like "oxygen-deficient atmosphere"), see OSHA’s interpretation on HVAC/oxygen-deficient atmospheres at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

Under OSHA's interpretation, crane operators and other employees must wear protective helmets when they work in areas where there is the potential for head injury from falling objects, including during lifting operations with cranes or hoists.

• This guidance is explained in OSHA’s letter on head protection for crane operators (https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2) which references the head protection requirement and the need for employers to assess hazards and provide helmets where overhead hazards exist.
• Employers should follow the head protection requirements identified in that interpretation and provide helmets that meet the referenced consensus standards.

OSHA’s guidance says that fall protection requirements depend on the task, distance from the roof edge, and whether work is infrequent or temporary; employers must evaluate the situation and follow [1910.28] where it applies.

• For specific application to low-slope roof tasks, see OSHA’s interpretation on fall protection on low slope roofs at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-1 which explains that work performed less than 6 feet from the roof edge generally requires fall protection, and certain work 15 feet or more from the edge may still require protection depending on frequency and duration.
• Apply the criteria in 1910.28 and the letter guidance to determine when to install guardrails, personal fall arrest systems, or other protection.

Under 1910.16(a)(2)(vi) and 1910.16(b)(2)(viii), the OSHA noise standard [1910.95] applies to longshoring and marine terminal operations where employees are exposed to hazardous noise.

• Employers must evaluate noise exposure, implement feasible engineering or administrative controls, and provide hearing protection and a hearing conservation program when required by 1910.95.
• Even though Parts 1917/1918 govern much of these workplaces, [1910.95] is explicitly retained for these operations per [1910.16].

When a hazardous substance is contained within a sealed, intact package or containment that complies with DOT or IMO requirements, [1910.16(b)(2)(xiii)(A)] allows that the full set of Subpart Z obligations (including some HazCom duties) may not apply while the packaging remains intact.

• In plain terms: if cargo is in certified, sealed containers (e.g., properly marked and packed per IMO/DOT) the typical workplace HazCom controls may not apply during handling so long as the container is not opened or damaged; see 1910.16(b)(2)(xiii)(A) and 1910.1200.
• If the package is breached, opened, or the cargo is transferred out of that intact containment, employers must implement [1910.1200] requirements (SDS, labeling, training, exposure controls) immediately.

Under 1910.16(c)(4) production or manufacturing areas that have their own docking facilities and are located at a marine terminal are not included in the "marine terminal" definition for the purposes of this standard.

• That means those production/manufacturing docks are excluded from the "marine terminal" classification and may be regulated under other applicable OSHA standards rather than Part 1917; see 1910.16(c)(4).
• Employers should determine which Part or standard applies based on the specific operations performed at that dock.

Under 1910.16(b)(2)(xii) employers must follow [1910.177] for servicing multi-piece and single-piece rim wheels used on vehicles in marine terminals.

• That means apply the safety requirements in 1910.177 when servicing such wheels at marine terminals as specified in 1910.16(b)(2)(xii).
• Ensure procedures, tools, and PPE meet the equipment- and tire-type-specific requirements in [1910.177].

OSHA’s interpretation dated July 16, 2024 explains how OSHA standards apply to Department of Defense Air Force facilities and clarifies use of the term "oxygen-deficient atmosphere" in [1910.134]; it also explains coverage differences for military versus civilian employees.

• For details see OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 which discusses when civilian contractor employees on military sites are covered and how "oxygen-deficient atmosphere" (defined in [1910.134]) should be treated for civilian workplaces.
• Employers on federal installations should follow that guidance along with 1910.134 when determining respirator program requirements.