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OSHA 1915.171

Scope and application

Subpart K

12 Questions & Answers
10 Interpretations

Questions & Answers

Under 1915.171, does this Subpart K apply to ship repairing and shipbuilding?

Yes — Subpart K applies to ship repairing and shipbuilding activities in shipyard employment. The standard explicitly states that "The standards contained in this subpart shall apply to ship repairing and shipbuilding," so portable unfired pressure vessels, drums, and containers used in those activities fall under this subpart's scope (1915.171).

Under 1915.171, does Subpart K apply to shipbreaking operations?

No — Subpart K does not apply to shipbreaking. The rule plainly says the standards in this subpart "shall not apply to shipbreaking," so equipment and operations that are part of shipbreaking are excluded from this subpart (1915.171).

Under 1915.171, are ship's equipment items (equipment that is part of the vessel) covered by Subpart K?

No — Subpart K is limited to portable, unfired pressure vessels, drums, and containers other than ship's equipment. The subpart title and scope distinguish these items from ship's equipment, so equipment considered part of the ship is excluded from this subpart (1915.171).

Under 1915.171, if a portable unfired pressure vessel is used ashore in a shipyard as part of ship repair, is it covered by Subpart K?

Yes — If the portable unfired pressure vessel is used in ship repairing or shipbuilding within shipyard employment, it is covered by Subpart K. The scope applies to ship repairing and shipbuilding activities, so portable vessels used in those operations fall under this subpart's standards (1915.171).

Under 1915.171, what if the same vessel is undergoing both ship repairing and shipbreaking in different areas — which activities are covered by Subpart K?

Subpart K applies to the ship repairing and shipbuilding parts of the work but does not apply to shipbreaking activities. When both types of work occur, the requirements of this subpart govern the ship repair/building operations, while shipbreaking operations remain outside this subpart's scope (1915.171). Employers should segregate or clearly identify work areas and ensure they apply the correct standards to each activity.

Under 1915.171, if a contractor brings containers to a yard strictly to support shipbreaking, are those containers covered by Subpart K?

No — Containers used exclusively in shipbreaking operations are not covered by Subpart K because the standard explicitly excludes shipbreaking from the subpart's scope (1915.171). If those containers are instead used in ship repair or shipbuilding activities, then Subpart K would apply.

Under 1915.171, who is responsible for ensuring the Subpart K standards are followed at a shipyard?

The employer is responsible for ensuring compliance with Subpart K for ship repairing and shipbuilding activities in the shipyard. Part 1915 places duties on the employer, and employer responsibility for implementing safety requirements (including those carried out by competent persons) is described in Part 1915 and clarified by OSHA guidance on competent persons in shipyards (1915.171 and OSHA letter on competent person requirements in shipyards at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18).

Under 1915.171, does this subpart treat the same hazards differently if they occur in shipbuilding versus shipbreaking?

Yes — the regulatory coverage differs: hazards in shipbuilding and ship repairing are governed by this subpart, while similar hazards in shipbreaking are not covered by this specific subpart. Employers conducting shipbreaking must look to other applicable OSHA standards or guidance for compliance because Subpart K explicitly excludes shipbreaking (1915.171).

Under 1915.171, should employers performing shipbreaking assume no OSHA requirements apply at all because Subpart K excludes shipbreaking?

No — exclusion from this specific subpart does not mean OSHA has no requirements for shipbreaking; it only means Subpart K does not apply. Employers still must follow other applicable OSHA standards and state-plan requirements, and they may adopt additional safety measures beyond OSHA's minimums (1915.171 and OSHA guidance noting that OSHA standards set minimum requirements and employers may adopt more stringent measures, https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19).

Under 1915.171, if a piece of equipment started as ship's equipment but is removed and used in general shop work at a shipyard, is it then covered by Subpart K?

It depends on whether the item remains "ship's equipment" or is being used as a portable vessel, drum, or container in ship repair/building operations. Subpart K excludes ship's equipment, but portable devices used in ship repairing or shipbuilding fall under this subpart. Employers should evaluate the item's status (ship's equipment vs. portable shop equipment) and apply Subpart K where the item functions as a portable unfired pressure vessel, drum, or container in ship repair/building (1915.171).

Under 1915.171, where can employers find the rest of the shipyard rules that apply to ship repairing and shipbuilding?

Employers should consult the rest of Part 1915 for shipyard employment rules that apply to ship repairing and shipbuilding. The Part 1915 main index gathers all shipyard standards, including those that work together with Subpart K (Part 1915 index and 1915.171).

Under 1915.171, must State-plan jurisdictions adopt the same exclusion for shipbreaking in their standards?

State-plan jurisdictions must have standards that are at least as effective as Federal OSHA standards, but the specific form and wording can differ. The exclusion in Federal Subpart K applies to federal Part 1915; State Plans should be consulted for their local regulations. See the Part 1915 index for federal requirements (Part 1915 index) and note that State Plans may implement equivalent or more protective rules.