Competent person designation

Under 1915.7(b) the employer must designate one or more competent persons to meet the applicable requirements of the section for shipyard work. Employers must follow 1915.7(b) when making the designation and must ensure the designated person(s) meet the criteria in 1915.7(c).

Under 1915.7(b)(1) a Marine Chemist can perform tests or inspections in place of a designated competent person when the requirements of Subparts B, C, D, and H are always carried out by a Marine Chemist. See 1915.7(b)(1).

Under 1915.7(b) the employer may designate a person who meets applicable parts of 1915.7(c) as a competent person limited to performing testing for specific, lower-hazard situations listed in the standard. These limited situations include repair of small craft where only combustible gas indicator tests are needed, building wooden vessels where only flammable-paint precautions are required, breaking vessels with no fuel or flammable hazards, and tests required by 1915.35(b)(8) and 1915.36(a)(5). See 1915.7(b).

Under 1915.7(b)(2) the employer must maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the required tests or inspections. The roster must include at minimum the employer's name, the designated competent person's name(s), and the date the employee was trained as a competent person. See 1915.7(b)(2) and 1915.7(b)(2)(iii).

Under 1915.7(b)(2)(ii) the employer must make the roster of designated persons or the statement that a Marine Chemist will perform tests available to employees, the employee's representative, the Director, or the Assistant Secretary upon request. See 1915.7(b)(2)(ii).

Under 1915.7(c) a competent person must be able to recognize and evaluate hazardous atmospheres and specify protections. At a minimum they must: understand and carry out written or oral instructions left by Marine Chemists, Coast Guard authorized persons and Certified Industrial Hygienists; know the requirements of Subparts B, C, D, and H; know the layout and identification of work spaces; be able to calibrate and use atmospheric testing equipment and interpret results; perform required tests and inspections; determine when further testing by a Marine Chemist or CIH is needed; and maintain required records. See 1915.7(c).

Under 1915.7(c)(4) a competent person must be able to calibrate and use instruments such as oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and must be able to interpret the test results accurately. See 1915.7(c)(4).

Under 1915.7(c)(1) yes; a competent person must have the ability to understand and carry out written or oral information or instructions left by Marine Chemists, Coast Guard authorized persons, and Certified Industrial Hygienists. See 1915.7(c)(1).

Under 1915.7(d)(1) the person performing tests or inspections must record the location, time, date, the locations of inspected spaces, the operations performed, the test results, and any instructions. Those records must be posted in the immediate vicinity of the affected operations while work in the spaces is in progress per 1915.7(d)(2). See 1915.7(d)(1).

Under 1915.7(b)(2)(i) yes; an employer may maintain a statement that a Marine Chemist will perform the tests or inspections which require a competent person instead of keeping a roster. That statement must be made available as required by 1915.7(b)(2)(ii). See 1915.7(b)(2)(i).

Under 1915.7(c)(6) a competent person must inspect, test, and evaluate spaces and call for further testing by a Marine Chemist or Certified Industrial Hygienist when their inspection indicates that additional or more sophisticated testing is needed to protect employees. See 1915.7(c)(6).

Under 1915.7(b)(2)(iii)(C) the roster must contain the date the employee was trained as a competent person, together with the employer's and the person's name as required by 1915.7(b)(2)(iii). See 1915.7(b)(2)(iii)(C).

Under 1915.7(b)(1)(iv) a competent person who meets the applicable portions of 1915.7(c) may be limited to performing tests and inspections required to comply with 1915.35(b)(8) and 1915.36(a)(5). See 1915.7(b)(1)(iv).

Yes. OSHA has stated that a competent person may specify necessary protection for employee exposures even when there is not an OSHA permissible exposure limit (PEL) for the chemical; the competent person must be capable of recognizing and evaluating exposure and specifying protections. This practical authority is explained in OSHA's interpretation "Competent person requirements in shipyards" at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 and is consistent with the duties described in 1915.7(c).

Under 1915.7(b) employers may designate one or more competent persons, but the responsibilities placed on the competent person are considered the responsibilities of the employer. OSHA's interpretation clarifies that the employer remains responsible for ensuring the competent person can recognize and evaluate hazards and specify necessary protection; see 1915.7(b) and OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18.

Under 1915.7(d)(2) the employer must ensure that test and inspection records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. See 1915.7(d)(2).

Under 1915.7(c)(5) a competent person must be able to perform all required tests and inspections that may be performed by a competent person as set forth in Subparts B, C, D, and H of Part 1915. See 1915.7(c)(5).

Under 1915.7(b)(2)(i) employers can keep a written statement that a Marine Chemist will perform the tests or inspections instead of maintaining a roster. That statement must be made available on request per 1915.7(b)(2)(ii). See 1915.7(b)(2)(i).

Under 1915.7(c)(3) a competent person must have knowledge of the structure, location, and designation of the spaces where work is done so they can recognize hazards and plan testing and controls appropriately. See 1915.7(c)(3).