Purpose and authority

The purpose of Part 1915 is to set safety and health regulations for shipyard employment issued by the Secretary under the Longshoremen's and Harbor Workers' Compensation Act and the Occupational Safety and Health Act. See 1915.1 which states that the provisions in this part constitute regulations issued pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941) and standards issued pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655).

Part 1915 is issued under two federal authorities: section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941) and section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). This authority is explicitly stated in 1915.1.

Yes. Part 1915 contains safety and health "regulations" issued under the Longshoremen's and Harbor Workers' Compensation Act and "standards" issued under the Occupational Safety and Health Act. 1915.1 explains that the provisions in the part constitute both types of legal requirements depending on their statutory source.

Part 1915 applies to shipyard employment and sets safety and health requirements specific to shipyards. The title and scope are described in 1915.1, which identifies Part 1915 as the Occupational Safety and Health Standards for Shipyard Employment.

Part 1915 contains shipyard-specific requirements but does not automatically replace applicable rules in other parts; employers must follow shipyard rules in Part 1915 for shipyard work and otherwise comply with any other OSHA standards that apply. See the Part overview at 1915 and the authority statement in 1915.1.

State Plan programs must adopt standards that are at least as effective as Federal OSHA's, but they may have different or additional requirements. OSHA explains State Plans' obligations in several interpretations, for example the asbestos interpretation that notes State Plans enforce their own programs which must be at least as effective as federal requirements; see the asbestos letter at https://www.osha.gov/laws-regs/standardinterpretations/2015-10-07 and the Part overview at 1915.

Yes. Part 1915 standards can be different from and in some cases more protective than general industry rules, and employers are allowed — and sometimes required — to adopt more protective measures than the minimum OSHA standard. OSHA has emphasized that its standards set minimum requirements and employers may implement more stringent protections (see the first aid interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19 and 1915.1).

If Part 1915 does not specify a PEL for a chemical, a competent person may evaluate exposures and specify protections based on recognized occupational exposure limits or other authoritative guidance; the competent person duties and employer responsibility are explained in OSHA's competent person interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and the Part overview at 1915.

Letters of Interpretation explain OSHA's view of how standards apply but do not create new legal requirements; they clarify and interpret existing standards. For example, the crane operator letter explains that letters "do not create new or additional requirements but rather explain these requirements" (see https://www.osha.gov/laws-regs/standardinterpretations/2013-09-13) and Part 1915's authority is described in 1915.1.

Yes. OSHA enforces the shipyards beryllium standard at 29 CFR 1915.1024, and OSHA issued interim enforcement guidance for the 2020 final beryllium standards covering shipyards; see the interim guidance at https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21 and the Part overview at 1915.

Yes — when a Part 1915 standard requires PPE, employers generally must provide required PPE at no cost to employees subject to the employer payment final rule; OSHA discussed employer payment for PPE in its interpretation addressing multiple parts including Part 1915 at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13, and see the Part overview at 1915.

A "competent person" in Part 1915 is someone capable of recognizing and evaluating hazardous conditions and specifying necessary protections, and the employer bears responsibility for the duties assigned to that competent person. OSHA's interpretation clarifies the definition and notes that the responsibilities placed on a competent person are deemed to be the employer's responsibilities; see https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and 1915.

No. OSHA's interpretation for the shipyard eye and face protection rule explains that "potentially injurious light radiation" refers to intense radiant energy such as that from electric arc welding and torch cutting, not ordinary sunlight. See the eye and face protection letter at https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30 and the Part overview at 1915.

During a transition/implementation period OSHA may issue interim enforcement guidance to help compliance officers and employers follow new or revised standards; OSHA issued such interim guidance for the 2020 beryllium standards for shipyards (see https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21) and Part 1915's authority is summarized in 1915.1.

Yes. OSHA often incorporates or references consensus standards and recognizes their use to meet performance-based requirements; for example, the eye and face protection interpretation notes incorporation of consensus standards under the shipyard eye protection rule (see https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30) and Part 1915's scope and authority are found at 1915.1.

Federal OSHA or an approved State Plan agency enforces Part 1915 standards, and employers who fail to comply may be cited and subject to penalties; Part 1915's authority is set out in 1915.1, and enforcement details are reflected in OSHA guidance and interpretation letters such as the beryllium interim enforcement memo at https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21.

Interpretation letters explain how OSHA applies and enforces standards in specific situations but do not create new regulatory requirements by themselves; OSHA states that letters "do not create new or additional requirements but rather explain these requirements" (see the crane operator letter at https://www.osha.gov/laws-regs/standardinterpretations/2013-09-13) and the legal basis for the part is in 1915.1.

Employers should consult the specific subparts and sections within Part 1915 for detailed requirements (for example, Subpart D covers welding, cutting and heating, and Subpart Z covers toxic substances); the Part overview is available at 1915 and 1915.1 describes the part's purpose and authority.

If a requirement is unclear, employers can review OSHA interpretation letters and guidance that address similar situations and, when necessary, seek clarification from OSHA; OSHA's letters of interpretation provide practical clarification (see examples such as https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30) while Part 1915's authority is described in 1915.1.

Yes. OSHA guidance documents and publications can help employers comply with Part 1915 requirements by explaining safe work practices and enforcement expectations, but guidance documents do not replace the regulatory text; see the eye protection interpretation that references OSHA publications at https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30 and Part authority at 1915.1.

OSHA issued an interim enforcement memorandum that provides inspection procedures and citation guidance for the 2020 beryllium standards applicable to shipyards and included attachments with specific enforcement steps; see the interim enforcement guidance at https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21 and the Part overview at 1915.