Hot work in shipyards

Under 1915.14(a)(1) hot work is prohibited in spaces until they are tested and certified as "Safe for Hot Work" by a Marine Chemist or a U.S. Coast Guard authorized person. The spaces specifically listed are: (i) within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases; (ii) within, on, or immediately adjacent to fuel tanks that contain or have last contained fuel; and (iii) on pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel. See the requirement at 1915.14(a)(1) and the specific subsections 1915.14(a)(1)(i), 1915.14(a)(1)(ii), and 1915.14(a)(1)(iii).

Under 1915.14(a)(1)(iv) an exception is allowed when the work is on dry cargo, miscellaneous, or passenger vessels (or landside operations) in spaces that meet the oxygen, flammability and toxicity standards in 1915.12 and are adjacent to spaces containing flammable liquids or gases with flash points below 150 °F, provided the distance from the hot work to the adjacent flammable space is 25 feet (7.62 m) or greater. See the exception at 1915.14(a)(1)(iv) and the cross-reference to atmosphere standards at 1915.12.

Under 1915.14(a)(2) the certificate must be posted in the immediate vicinity of the hot work while the operations are in progress and must be kept on file for at least three months from the date the operation is completed. See the posting and retention requirements at 1915.14(a)(2).

Under 1915.14(b)(1) hot work is not permitted until a competent person tests and determines that the space contains less than 10 percent of the lower explosive limit (LEL) of flammable vapors. The specific spaces that must be tested by a competent person are: (i) dry cargo holds; (ii) bilges; (iii) engine room and boiler spaces when a Marine Chemist or Coast Guard certificate is not required under paragraph (a)(1)(i); (iv) vessels and vessel sections not covered by paragraph (a)(1)(iv); and (v) land-side confined and enclosed spaces or other dangerous atmospheres not covered by paragraph (a)(1). See 1915.14(b)(1) and its subsections 1915.14(b)(1)(i) through 1915.14(b)(1)(v).

Under 1915.14(b)(1) a competent person must determine that the space contains no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit (LEL) before hot work is permitted. If vapors are below that threshold, hot work may proceed; if not, it must be controlled. See the testing threshold in 1915.14(b)(1).

Under 1915.14(b)(2) if the concentration of flammable vapors or gases is equal to or greater than 10 percent of the LEL in the space or an adjacent space, the space must be labeled "Not Safe for Hot Work" and ventilation must be provided at volumes and flow rates sufficient to reduce concentrations below 10 percent of the LEL. See 1915.14(b)(2).

Under 1915.14(b) a "competent person" must perform the testing and determine whether flammable vapors are below 10 percent of the LEL; the competent person must be capable of recognizing and evaluating hazardous atmospheres and specifying the necessary protection. OSHA has explained that for shipyard Subpart B operations the competent person must meet the additional requirements of 29 CFR 1915.7 and is empowered to specify protective measures when hazards exist, even where no OSHA PEL exists. See 1915.14(b) and OSHA's interpretation on competent persons in shipyards at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 which explains the competent person's role and authority.

Under 1915.14(a)(1)(iii) yes — hot work on pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last contained fuel is not permitted until the work area has been tested and certified as "Safe for Hot Work" by a Marine Chemist or a U.S. Coast Guard authorized person. See 1915.14(a)(1)(iii).

Under 1915.14(b)(1)(ii) bilges require testing by a competent person and hot work is not permitted until the competent person determines flammable vapor concentrations are less than 10 percent of the LEL. See the bilge testing requirement at 1915.14(b)(1)(ii).

Under 1915.14(a)(1)(iv) the exception described applies only to flammable liquids with flash points below 150 °F; for flammable liquids with flash points above 150 °F the standard directs you to paragraph (b), which means those situations are handled by the competent-person testing and 10 percent LEL rule in 1915.14(b). See 1915.14(a)(1)(iv).

Under 1915.14(b)(1)(iii) engine room and boiler spaces must be tested by a competent person when they are not already required to have a Marine Chemist or Coast Guard certificate under paragraph (a)(1)(i). In other words, if the engine room or boiler space does not meet the conditions that trigger the Marine Chemist/Coast Guard certificate in 1915.14(a)(1)(i), then the employer must have a competent person test the space per 1915.14(b)(1)(iii).

Under 1915.14(b)(2) the standard requires ventilation "at volumes and flow rates sufficient to ensure that the concentration of flammable vapors or gases is below 10 percent by volume of the lower explosive limit." In short, the employer must provide enough ventilation to bring concentrations below 10 percent LEL before hot work can resume. See the ventilation requirement at 1915.14(b)(2).

Under 1915.14 hot work may proceed when the required testing (by a Marine Chemist, Coast Guard authorized person, or competent person as applicable) shows flammable vapor concentrations are below the specified thresholds — for Marine Chemist-certified spaces the certificate must state the space is "Safe for Hot Work," and for competent-person tested spaces the vapors must be below 10 percent of the LEL. See 1915.14(a)(1) and 1915.14(b)(1).

Under 1915.14(b)(2) the space must be labeled "Not Safe for Hot Work" when flammable vapor concentrations are equal to or exceed 10 percent of the LEL. That labeling must remain until ventilation or other controls reduce the concentration below 10 percent LEL. See the labeling requirement at 1915.14(b)(2).

Under 1915.14 and OSHA's interpretation a competent person may specify necessary protective measures even when an OSHA PEL does not exist; the competent person must be capable of recognizing and evaluating hazardous exposures and of specifying protections to ensure employee safety. See the hot-work testing requirements at 1915.14(b) and OSHA's interpretation on competent persons in shipyards at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 which explains that competent persons are authorized to determine protections where hazards exist.

Under 1915.14(b)(1)(v) land-side confined and enclosed spaces or other dangerous atmospheres not covered by paragraph (a)(1) are subject to the competent-person testing rule and must be tested to ensure flammable vapors are below 10 percent of the LEL before hot work proceeds. See 1915.14(b)(1)(v) and the general competent-person testing requirement at 1915.14(b)(1).

Under hot work rules you must protect workers from the hazards the work creates, including intense light from welding and cutting; OSHA has clarified that the phrase "potentially injurious light radiation" in shipyard eye-and-face protection rules refers to intense radiation from operations like electric arc welding and gas torch cutting and not ordinary sunlight, and such workers must be provided appropriate welding helmets, goggles or shaded lenses. See OSHA's clarification in the shipyard eye-and-face protection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30 and apply the hot-work controls required by 1915.14.

Under 1915.14(a)(1)(i) the Marine Chemist/Coast Guard certificate requirement covers spaces that contain or have contained combustible or flammable liquids or gases, so a history of containing such substances will trigger the need for testing and certification before hot work. See 1915.14(a)(1)(i).

Under 1915.14(b)(1)(iv) vessels and vessel sections that are not covered by the 25-foot exception in paragraph (a)(1)(iv) must be tested by a competent person and found to contain less than 10 percent of the LEL before hot work is allowed. See 1915.14(a)(1)(iv) and 1915.14(b)(1)(iv).