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OSHA 1915.76

Access to cargo and confined spaces

Subpart E

15 Questions & Answers
10 Interpretations

Questions & Answers

Under 1915.76(a)(1), what ladder must be provided for employees who must enter a cargo space?

There must be at least one safe and accessible ladder in any cargo space that employees must enter. See the specific requirement in 1915.76(a)(1).

Under 1915.76(a)(2), what must an employer do when a fixed ladder is visibly unsafe?

The employer must prohibit employees from using any fixed ladder that is visibly unsafe. See the prohibition in 1915.76(a)(2).

Under 1915.76(a)(3), when can straight ladders or Jacob’s ladders be used to access cargo spaces, and what standard applies to Jacob’s ladders?

If fixed ladders do not meet the requirement for a safe, accessible ladder, the employer must provide straight ladders of adequate strength and secured against shifting or slipping; when conditions prevent use of a straight ladder, a Jacob’s ladder that meets 1915.74(d) may be used. See 1915.76(a)(3).

Under 1915.76(a)(4), when is a ladder in a cargo space automatically considered "unsafe"?

A ladder is deemed "unsafe" if cargo is stowed within 4 inches of the back of the ladder rungs. See this specific measure in 1915.76(a)(4).

Under 1915.76(a)(5), may fixed or straight ladders used to access cargo spaces be used while cargo or other loads are entering or leaving the hold?

No; fixed ladders or straight ladders used for access to cargo spaces must not be used at the same time that cargo, equipment, materials, scrap or other loads are entering or leaving the hold. Before an employee uses these ladders to enter or leave the hold, the employee must inform the winchman or crane signalman of their intention. See 1915.76(a)(5).

Under 1915.76(b)(1), how many means of access are required for confined spaces where work may generate a hazardous atmosphere?

More than one means of access (i.e., at least two) must be provided to any confined space where employees are working and the work may generate a hazardous atmosphere, unless the vessel’s structure or arrangement makes providing multiple means impractical. See 1915.76(b)(1).

Under 1915.76(b)(2), what requirements apply if ventilation ducts must pass through means of access to a confined space?

If ventilation ducts must pass through means of access, the ducts must be of a type and arranged so an employee can freely pass through at least two of the means of access. See 1915.76(b)(2).

Who does the cargo-stowage proximity rule in 1915.76(a)(4) apply to (shipbuilding, shipbreaking, or ship repairing)?

The cargo stowage proximity rule in 1915.76(a)(4) — that cargo within 4 inches of ladder rungs makes the ladder "unsafe" — applies to ship repairing only (the section overall applies to ship repairing, shipbuilding, and shipbreaking except paragraph (a)(4) which applies to ship repairing only). See the applicability statement at 1915.76.

If a fixed ladder is found to be visibly unsafe, may an employer temporarily provide an unsecured ladder as a replacement under 1915.76(a)(2)–(3)?

No; if a fixed ladder is visibly unsafe the employer must prohibit its use and, where fixed ladders do not meet the access requirement, provide straight ladders that are of adequate strength and suitably secured against shifting or slipping — or, where straight ladders cannot be used, a Jacob’s ladder that meets 1915.74(d). See 1915.76(a)(2)–(3).

Under 1915.76(a)(3) and 1915.74(d), what is required of a Jacob’s ladder when used for cargo-space access?

A Jacob’s ladder may be used only when conditions prevent safe use of a straight ladder, and the Jacob’s ladder must meet the requirements of 1915.74(d). See 1915.76(a)(3) and 1915.74(d).

Under 1915.76(b)(1), if the vessel layout makes two access points impractical, are employers still required to provide more than one means of access?

No; 1915.76(b)(1) requires more than one means of access where employees are working and the work may generate a hazardous atmosphere except where the structure or arrangement of the vessel makes providing multiple means impractical. In such impractical situations the standard recognizes that multiple means may not be feasible. See 1915.76(b)(1).

Under 1915.76 and OSHA's guidance on competent persons, who can specify necessary protection when work in a confined space may create hazardous atmospheres?

A qualified competent person designated by the employer may recognize and evaluate hazardous atmospheres and specify the necessary protection and precautions to ensure employee safety. This authority and responsibility is described in OSHA’s interpretation about competent persons and is consistent with the employer duties under 1915.76(b). See OSHA’s competent person interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2016-04-18 which explains the competent person definition in 29 CFR 1915.4(o) and the ability of the competent person to specify necessary protection.

Under 1915.76(a)(5), who must the employee notify before using a ladder to enter or leave a cargo hold while winching or lifting operations are ongoing?

Before using the ladder to enter or leave the hold, the employee must inform the winchman or crane signalman of their intention. This notification requirement is in 1915.76(a)(5).

Under 1915.76(a)(3), what general securing requirement is placed on straight ladders used in cargo spaces?

Straight ladders provided for access must be of adequate strength and suitably secured against shifting or slipping. See the securing and strength requirement in 1915.76(a)(3).

Under 1915.76(b)(2), if ventilation ducts run through means of access, how many access routes must remain passable for employees?

If ventilation ducts must pass through means of access, the ducts must be arranged so that an employee can freely pass through at least two of the means of access. See 1915.76(b)(2).