OSHA 1915.3
Employer responsibility overview
Subpart A
Questions & Answers
Under 1915.3(b), does Part 1915 automatically apply to vessel owners, operators, agents, or masters who are not acting as "employers"?
No — Part 1915 does not automatically apply to owners, operators, agents, or masters of vessels unless they are acting as "employers." However, those persons may still have legal duties under other laws, regulations, or customary obligations that are not changed by Part 1915.
- See the limitation and the caveat in 1915.3(b).
Under 1915.3(c), if an employer assigns duties to a "competent person," does that relieve the employer of responsibility for those duties?
No — the responsibilities placed upon the competent person are deemed to be the responsibilities of the employer, so assigning duties to a competent person does not relieve the employer of ultimate responsibility.
- See the allocation of responsibilities in 1915.3(c).
Under 1915.3 and 1915.4, what does the term "competent person" mean and what authority can a competent person exercise in shipyard employment?
A "competent person" is someone who can recognize and evaluate hazardous conditions or exposures and is capable of specifying the necessary protections and precautions to keep employees safe. A competent person may determine appropriate protections (for example, PPE, engineering controls, or work restrictions) under the conditions covered by the regulations.
- See the definition and duties referenced in 1915.4 and the practical explanation in OSHA's Letter of Interpretation on competent person requirements in shipyards at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18.
Under 1915.3 and the 2016 Letter of Interpretation, can a competent person decide what protection is needed for a chemical that has no OSHA PEL?
Yes — where no OSHA permissible exposure limit (PEL) exists for a chemical, a competent person may specify necessary protection and precautions if they are capable of recognizing and evaluating the exposure and hazards. The employer remains responsible for ensuring the competent person is capable and that employees are protected.
- See the discussion in the OSHA Letter of Interpretation "Competent person requirements in shipyards" at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and the employer/competent person rule at 1915.3(c).
Under 1915.3 and OSHA guidance, are there additional qualifications for a competent person working in Subparts B, C, or D of Part 1915?
Yes — for operations covered by Subparts B (Confined and Enclosed Spaces), C (Surface Preparation and Preservation), and D (Welding, Cutting and Heating), the competent person must also meet the additional requirements of 29 CFR [1915.7], as explained in OSHA guidance.
- See the requirement referenced in the OSHA Letter of Interpretation "Competent person requirements in shipyards" at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and the definition in 1915.4.
Under 1915.3 and OSHA guidance on employer payment for PPE, does a shipyard employer generally have to provide required personal protective equipment at no cost to employees?
Yes — OSHA's employer-payment guidance requires employers to pay for required personal protective equipment (PPE) in parts of the OSHA program that include shipyards, subject to the exceptions identified in that rule. Employers may not shift the ordinary cost of required PPE to employees.
- See OSHA's Letter of Interpretation on employee PPE payment methods at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13 and the Part 1915 responsibilities in 1915.3(a).
Under 1915.3 and the crane-operator Letter of Interpretation, can an equipment operator leave the controls while a suspended load is unattended?
No — an operator who has been assigned to operate equipment (for example, a crane) must remain physically able to complete the lift and not leave the controls while a load is suspended; abandoning the controls while a load is suspended can create an unsafe condition and violate employer responsibilities.
- See OSHA's Letter of Interpretation "Crane operator medical condition scenario" at https://www.osha.gov/laws-regs/standardinterpretations/2013-09-13 and the allocation of employer responsibility in 1915.3(a).
Under 1915.3, does placing duties upon a competent person allow an employer to avoid responsibility if the competent person makes a poor decision?
No — assigning duties to a competent person does not remove the employer's responsibility; the employer remains responsible for ensuring the competent person is capable and for the safety outcomes of those decisions.
- See the rule that makes competent-person responsibilities the employer's responsibilities in 1915.3(c) and the practical explanation in OSHA's Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18.
Under 1915.3, can an employer adopt workplace policies that are more protective than OSHA's minimum requirements (for example, for first aid or bleeding control)?
Yes — employers may adopt more protective measures than OSHA's minimum standards; OSHA standards set minimum requirements and do not prevent an employer from implementing stricter protections such as enhanced first-aid or bleeding-control training and equipment.
- See OSHA's explanation that standards set minimums and employers may be more stringent in the Letter of Interpretation "First aid and bleeding control" at https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19 and the employer responsibility principle in 1915.3(a).
Under 1915.3 and OSHA guidance, does the shipyard beryllium standard apply to occupational exposure to beryllium in shipyards?
Yes — OSHA's shipyard beryllium standard covers occupational exposure to beryllium in shipyard employment, and OSHA has issued interim enforcement guidance for the 2020 beryllium standards that applies to shipyards.
- See the interim enforcement guidance and scope for the beryllium standards at https://www.osha.gov/laws-regs/standardinterpretations/2021-04-21 and consider that scope alongside employers' responsibilities in 1915.3(a).
Under 1915.3 and OSHA guidance on asbestos sampling, can a shipyard employer use an EPA school clearance level (0.01 f/cc) as "objective data" to demonstrate OSHA compliance with asbestos exposure provisions?
No — OSHA will not accept an employer's protocol that only relies on EPA school clearance levels (0.01 f/cc) as sufficient "objective data" to meet OSHA asbestos exposure requirements; OSHA does not endorse specific employer protocols and requires procedures consistent with OSHA's asbestos rules and recognized analytical methods.
- See OSHA's Letter of Interpretation on asbestos sampling protocol requirements at https://www.osha.gov/laws-regs/standardinterpretations/2015-10-07 and consider the employer responsibility language in 1915.3(a).
Under 1915.3, when OSHA standards for a task reference a "competent person," what practical actions should the employer take to meet that duty?
The employer must appoint a person who is able to recognize and evaluate hazards for the given task, ensure that person has the training and authority to specify protective measures, and retain responsibility for the outcomes of those measures. The employer should document the competent person's qualifications and actions and supervise as necessary to ensure compliance.
- See the definition and employer responsibility in 1915.4 and the interpretation of competent-person duties in OSHA's Letter of Interpretation "Competent person requirements in shipyards" at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18.