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OSHA 1915.2

Scope and application

Subpart A

16 Questions & Answers
10 Interpretations

Questions & Answers

Under 1915.2(a), to which workplaces does Part 1915 apply?

Part 1915 applies to ship repairing, shipbuilding, shipbreaking, and related employments. See the plain language scope at 1915.2(a).

  • This means the rules in Part 1915 govern work activities and hazards that arise in ship repair, ship construction, shipbreaking, and activities closely related to those operations.
  • "Related employments" is a broad phrase—the particular work activity determines applicability, so always compare the specific task to definitions and requirements in Part 1915.

Under 1915.2(a), does Part 1915 cover shore-side or support work that is related to shipbuilding or ship repair (for example, a fabrication shop that makes ship parts)?

Yes. Part 1915 covers "related employments" connected with ship repairing, shipbuilding, and shipbreaking, so shore-side or support work tied to those operations generally falls within Part 1915. See 1915.2(a).

  • "Related employments" is applied by comparing the actual activity to the subject matter of Part 1915; if the activity is integral to ship repair/building/breaking it is usually covered.
  • If you are unsure whether a particular shore-side operation is "related," review the specific Part 1915 provisions for that hazard or consult OSHA guidance or a regional office.

Under 1915.2(b), when does Part 1915 not apply because the U.S. Coast Guard has authority?

Part 1915 does not apply to matters that are under the control of the U.S. Coast Guard within the statutory authorities cited in 1915.2(b). See 1915.2(b).

  • Examples listed in 1915.2(b) include matters involving the master, ship's officers, and crew members, and issues relating to the design, construction, and maintenance of the vessel and its gear and equipment when the Coast Guard has regulatory control.
  • Also excluded are Coast Guard-regulated safeguards for vessels, harbors, ports and waterfront facilities under the Espionage Act authorities and certain Outer Continental Shelf safety matters cited in the provision.

Under 1915.2(b), does OSHA regulate the design and construction of a vessel when the Coast Guard has regulatory authority over that topic?

No. When the Coast Guard has regulatory authority over design and construction of a vessel, Part 1915 does not apply to those matters. See the exception in 1915.2(b).

  • That means Coast Guard rules governing vessel design, construction, and related equipment control those issues instead of Part 1915.
  • For activities not within the Coast Guard's regulatory scope, Part 1915 requirements would continue to apply.

Under 1915.2(b), does OSHA regulate lights, warning devices, and safety equipment on vessels when the Coast Guard has regulatory authority under the Outer Continental Shelf Lands Act?

No. Where the Coast Guard has regulatory authority over lights, warning devices, safety equipment, or other matters under section 4(e) of the Outer Continental Shelf Lands Act, those matters are excluded from Part 1915. See 1915.2(b).

  • If the Coast Guard exercises jurisdiction over a specific safety device or system under that Act, employers should follow Coast Guard requirements for that item.
  • For items not under Coast Guard authority, Part 1915 safety provisions would apply.

Under 1915.2(b), does Part 1915 apply to duties and responsibilities of a vessel's master, officers, or crew members?

Generally no—matters concerning the master, ship's officers, and crew members fall under Coast Guard control and are excluded from Part 1915 when within the Coast Guard's statutory authority. See 1915.2(b).

  • That exclusion means OSHA will not replace Coast Guard rules for shipboard command or crew responsibilities that are specifically regulated by the Coast Guard.
  • If a workplace hazard arises that is not within Coast Guard regulatory authority, Part 1915 protections could still apply.

Under 1915.2(a), does the shipyard Beryllium standard (1915.1024) fall within Part 1915's scope and apply to shipyard work?

Yes. The shipyard Beryllium standard 1915.1024 is part of Part 1915 and applies to occupational exposure to beryllium in shipyards except for the specific exemptions listed in that rule. See 1915.2(a) and OSHA's interim guidance for the 2020 Beryllium standards at https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21 which explains the scope and application for shipyards under the beryllium rules.

  • The 2021 memorandum clarifies that the shipyard beryllium standard applies to beryllium in all forms in shipyard employment, subject to listed exemptions.

Under 1915.2(a), does OSHA's shipyard eye and face protection standard apply to protection from sunlight (UV) during outdoor shipyard work?

No. OSHA's shipyard eye and face protection standard's phrase "potentially injurious light radiation" refers to intense radiant energy such as that produced by electric arc welding and torch cutting, not ordinary sunlight. See 1915.2(a) and OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-12-30 which explains that "potentially injurious light radiation" in 29 CFR 1915.153(a)(1) refers to welding/cutting radiation rather than sunlight.

  • Employers should still consider other guidance and standards for sun/UV protection (for example, general public health guidance or other employer policies), but ordinary sunglasses are not a substitute for welding filters where welding radiation hazards exist.

Under Part 1915 (scope and application), can a competent person set protective measures for a hazardous exposure that does not have an OSHA PEL?

Yes. For shipyard operations covered under Part 1915, a competent person may recognize and evaluate hazardous exposures that do not have an OSHA PEL and specify necessary protections. See OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 which explains the role of the competent person under Part 1915 and references 29 CFR 1915.3 and 1915.4.

  • The competent person must be able to recognize hazards and specify necessary protection and precautions as required by the applicable regulation.
  • For many shipyard subparts (B, C, D) the competent person must also meet the additional requirements in 29 CFR 1915.7 where those apply.

Under 1915.2(a), if a shipyard activity is covered by both Part 1915 and another OSHA part (for example, 1910 general industry), which rules should employers follow?

Part 1915 applies to ship repairing, shipbuilding, shipbreaking, and related employments as stated in 1915.2(a); employers must follow the Part 1915 provisions that govern the shipyard activity. Where other OSHA standards also apply, employers must comply with all applicable provisions.

  • In practice, apply the standards that directly address the specific hazard and operation; if two standards are relevant, follow the requirements that provide the appropriate protection for the task.
  • When in doubt about overlapping requirements, consult OSHA guidance or a regional office for clarification.

Under 1915.2(b), how should an employer determine whether a particular vessel or waterfront safety issue is controlled by the Coast Guard and thus excluded from Part 1915?

An employer should determine whether the Coast Guard has regulatory authority over the specific safety issue by checking Coast Guard regulations and the authorities cited in 1915.2(b).

  • 1915.2(b) lists the types of matters commonly under Coast Guard control (e.g., vessel design, master/crew matters, harbor safeguards, lights and safety equipment under specific statutes).
  • If the Coast Guard has a regulation or statutory authority covering the exact subject, Part 1915 will not apply to that matter; if no Coast Guard regulation or authority covers it, Part 1915 likely applies.

Under 1915.2(b), does the existence of Coast Guard authority over certain vessel matters mean OSHA can never inspect or cite related shipyard hazards?

No. The exclusion in 1915.2(b) applies to matters under Coast Guard control; OSHA may still inspect and enforce Part 1915 provisions for hazards that are not within Coast Guard regulatory authority.

  • If a hazard relates to an area where the Coast Guard has explicit regulatory control (as listed in 1915.2(b)), OSHA will not apply Part 1915 to that matter.
  • For hazards outside Coast Guard jurisdiction, OSHA retains enforcement authority under Part 1915.

Under 1915.2(a), are emergency-response and first-aid requirements in shipyards governed by Part 1915?

Yes—emergency-response and first-aid requirements that relate to ship repairing, shipbuilding, shipbreaking, and related employments are addressed in Part 1915 where the Part contains specific provisions; see the general scope at 1915.2(a).

  • Note that first-aid requirements vary by standard and industry; OSHA has discussed first-aid obligations in other guidance such as the Stop the Bleed and first-aid interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19 which explains that OSHA standards set minimum requirements and that some shipyard-specific provisions require on-site trained first-aiders.
  • Employers should follow the specific Part 1915 provisions and other applicable OSHA standards addressing first aid and emergency response.

Under 1915.2(a), does Part 1915 cover respirator requirements for abrasive blasting in shipyards?

Yes—Part 1915 includes respirator and ventilation-related provisions where applicable to shipyard operations; Part 1915 covers shipyard operations including abrasive blasting when those activities are part of ship repair, building, or breaking as stated in 1915.2(a).

  • For example, OSHA has issued interpretations about respiratory protection for abrasive blasting that explain when NIOSH-approved abrasive-blasting respirators are required (see the wet blasting interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2015-08-13-0).
  • Apply the specific shipyard subpart requirements for abrasive blasting and respirators in conjunction with the general respiratory protection standard where applicable.

Under 1915.2, are there any other broad exceptions in Part 1915 besides matters under Coast Guard control?

The primary broad exception stated in Part 1915 is the Coast Guard-controlled matters in 1915.2(b); otherwise, the rule in 1915.2(a) indicates the provisions apply to ship repairing, shipbuilding, shipbreaking, and related employments "except where otherwise provided."

  • "Except where otherwise provided" means specific parts of Part 1915 or other statutes may create additional, narrower exceptions, so read individual Part 1915 sections for limitations or cross-references.
  • If you need clarity on a particular provision, consult the specific Part 1915 section or OSHA interpretations.

Under 1915.2(a), can an employer rely on Part 1915 competent person requirements to set protective actions for airborne contaminants when no OSHA PEL exists?

Yes. OSHA's shipyard competent person guidance at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 explains that a competent person under Part 1915 is expected to recognize and evaluate hazardous exposures—even those without an OSHA PEL—and specify necessary protection and precautions.

  • The competent person's responsibilities are treated as the employer's responsibilities under the regulation, so employers must ensure the competent person is qualified and able to act.
  • For certain subparts, the competent person must also meet additional requirements in 29 CFR 1915.7 as noted in the interpretation.