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OSHA 1915.4

Definitions and terminology

Subpart A

24 Questions & Answers
10 Interpretations

Questions & Answers

Under 1915.4(a) — what does the term "SHALL" mean in Part 1915 standards?

The term "SHALL" means the requirement is mandatory and must be followed. See the definition at 1915.4(a).

Under 1915.4(b) — who does the term "Secretary" refer to?

The term "Secretary" refers to the Secretary of Labor. This definition is set out in 1915.4(b).

Under 1915.4(c) — who is considered an "employer" under Part 1915?

An "employer" is any employer whose employees are engaged, in whole or in part, in ship repairing, shipbuilding, shipbreaking, or related employments on navigable waters of the United States, including dry docks, graving docks, and marine railways. See 1915.4(c).

Under 1915.4(d) — who is considered an "employee" and who is excluded?

An "employee" means any person engaged in ship repairing, shipbuilding, shipbreaking, or related employments on the navigable waters of the United States, but does not include the master, ship's officers, crew of the vessel, or anyone engaged by the master to repair a vessel under 18 net tons. See 1915.4(d).

Under 1915.4(e) — what is a "gangway" and what does it include?

A "gangway" is any ramp-like or stair-like access provided to enable personnel to board or leave a vessel and includes accommodation ladders, gangplanks, and brows. See 1915.4(e).

Under 1915.4(f) — how does Part 1915 define "vessel"?

A "vessel" includes every description of watercraft or other artificial contrivance used or capable of being used as transportation on water, and it also covers special purpose floating structures not primarily designed for transportation. See 1915.4(f).

Under 1915.4(g) and 1915.74 — what is a "barge" for purposes of 1915.74?

For 1915.74, a "barge" means an unpowered, flat-bottom, shallow-draft vessel and includes scows, carfloats, and lighters. See 1915.4(g) and the general shipyard standards at 1915.

Under 1915.4(i) — what does "shipyard employment" cover?

"Shipyard employment" means ship repairing, shipbuilding, shipbreaking, and related employments. See 1915.4(i).

Under 1915.4(j) — what activities are included in "ship repair" or "ship repairing"?

"Ship repair" or "ship repairing" includes any repair of a vessel such as alterations, conversions, installations, cleaning, painting, and maintenance work. See 1915.4(j).

Under 1915.4(k) — how is "shipbuilding" defined?

"Shipbuilding" means the construction of a vessel and includes installation of machinery and equipment. See 1915.4(k).

Under 1915.4(l) — what does "shipbreaking" mean?

"Shipbreaking" means breaking down a vessel's structure for scrapping, including removal of gear, equipment, or any component part of a vessel. See 1915.4(l).

Under 1915.4(m) — what is meant by "related employment"?

"Related employment" is any work performed as an incident to or in conjunction with ship repairing, shipbuilding, or shipbreaking, and includes tasks such as inspection, testing, and watchman duties. See 1915.4(m).

Under 1915.4(n) — how does Part 1915 define a "hazardous substance"?

A "hazardous substance" is a substance that because it is explosive, flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury. See 1915.4(n).

Under 1915.4(o) — what is a "competent person" and what are they expected to do?

A "competent person" is someone who can recognize and evaluate employee exposures to hazardous substances or unsafe conditions and can specify the necessary protection and precautions to ensure employee safety under the applicable regulation. See 1915.4(o). For shipyard subparts B, C, and D (with limited exceptions) the competent person must also meet additional requirements in 1915.7, as noted in 1915.4. Additionally, OSHA explains practical application of this definition in its Competent person requirements in shipyards letter of interpretation.

Under 1915.4(p) — what is a "confined space" and what are common examples?

A "confined space" is a compartment of small size and limited access, such as a double bottom tank, cofferdam, or other spaces whose small size and confined nature can create or worsen hazardous exposures. See 1915.4(p).

Under 1915.4(q) and (r)/(s) — what is an "enclosed space" and how do "hot work" and "cold work" differ?

An "enclosed space" is any space other than a confined space that is enclosed by bulkheads and overhead, and it includes cargo holds, tanks, quarters, and machinery and boiler spaces. "Hot work" means riveting, welding, burning, or other fire- or spark-producing operations, while "cold work" means work that does not involve those operations. See 1915.4(q) and 1915.4(r) and 1915.4(s). Note that what counts as injurious light radiation for hot work (e.g., welding arcs) is explained in OSHA's Shipyard eye and face protection letter of interpretation.

Under 1915.4(t) — what is a "portable unfired pressure vessel" and what is excluded?

A "portable unfired pressure vessel" is any pressure container used aboard ship (other than the ship's equipment) that contains liquids or gases under pressure; it excludes pressure vessels built to Department of Transportation regulations in 49 CFR part 178, subparts C and H. See 1915.4(t).

Under 1915.4(u) — what is a "powder actuated fastening tool"?

A "powder actuated fastening tool" is a tool or machine that drives a stud, pin, or fastener by means of an explosive charge. See 1915.4(u).

Under 1915.4(v)(1) — what hazardous-material flash point criterion is used to identify hazardous material?

A material is considered hazardous for purposes of 1915.97 if it has a flash point below 140 °F closed cup or is subject to spontaneous heating. See 1915.4(v)(1) and 1915.4(v).

Under 1915.4(v)(2) — what threshold values help classify a hazardous material?

A material may be hazardous if it has a threshold limit value below 500 p.p.m. for a gas or vapor, below 500 mg/m3 for fumes, or below 25 mppcf for dusts, per 1915.4(v)(2). See 1915.4(v) for context.

Under 1915.4(v)(3)–(v)(7) — what other characteristics can make a material "hazardous"?

A material is hazardous if it has a single-dose oral LD50 below 500 mg/kg, is subject to polymerization releasing large amounts of energy, is a strong oxidizing or reducing agent, causes first-degree burns quickly or is systemically toxic by skin contact, or can produce dusts, gases, fumes, vapors, mists, or smokes with any of these characteristics during normal operations. See 1915.4(v)(3) through 1915.4(v)(7) and 1915.4(v).

Under 1915.4 and 1915.7 — when must the "competent person" meet the additional requirements of 1915.7?

For Subparts B, C, and D of Part 1915 the competent person must meet the additional requirements of 1915.7 except for the limited applications in 1915.35(b)(8) and 1915.36(a)(5). See 1915.4 for the rule text and how the requirement is applied.

Under 1915.4(o) and the 2016 LOI — can a competent person set protection measures when there is no OSHA PEL for a chemical?

Yes. A competent person may recognize and evaluate exposures even when OSHA has not established a PEL and may specify necessary protections based on professional judgment and other OELs; this is explained in 1915.4(o) and illustrated in OSHA's Competent person requirements in shipyards letter of interpretation.

Under 1915.4(d) — are vessel masters and crew covered by Part 1915?

Generally no; the definition of "employee" in 1915.4(d) excludes the master, ship's officers, and crew of the vessel, and excludes persons engaged by the master to repair vessels under 18 net tons.