Liveboating requirements

The liveboating requirements for construction work are identical to the liveboating requirements set forth in 1910.427. See 1926.1087 which states that the requirements applicable to construction are the same as those in 1910.427.

You must follow the detailed procedures and operational requirements in 1910.427, because 1926.1087 makes the construction requirements identical to that section. Read 1910.427 for the specific elements you need to include in your liveboating program.

The construction liveboating rule in 1926.1087 applies to construction work and explicitly adopts the same requirements as 1910.427, which covers the same subject for general industry. In short, construction employers must meet the same liveboating requirements found in 1910.427.

No — a construction employer must meet the requirements that are identical to 1910.427 as adopted in 1926.1087. If you want to use an alternative method, document how it provides equivalent protection and reference the applicable provision in 1910.427 when justifying that approach.

Place the liveboating requirements in your diving and vessel operations portion of your safety program and mirror the specific provisions in 1910.427, since 1926.1087 makes those rules the applicable construction requirements. Include documented procedures, training, and any checklists required by 1910.427.

Yes — OSHA letters of interpretation explain how OSHA applies standards and can clarify liveboating requirements, but they do not create new obligations beyond the regulations. Use the regulatory text in 1926.1087 and 1910.427 as your legal baseline and consult relevant interpretation letters for practical guidance (for example, OSHA letters often state they explain requirements but cannot add obligations; see the head protection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2).

Yes — 1926.1087 identifies its GPO source as the e-CFR and cites the Federal Register notices that published the rule (58 FR 35188, June 30, 1993; 61 FR 31427, June 20, 1996). Include these references in your records if you maintain a regulatory history for procedures or contracts.

State-plan states must have programs at least as effective as Federal OSHA, but they may adopt different or more stringent requirements. Employers in a State Plan jurisdiction should follow that State's liveboating rule if it differs from the federal text; see OSHA’s explanation about State Plans in the interpretation on scope of rim wheel servicing at https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01 which discusses state plan variations and employer obligations.

Start with 1910.427 as incorporated by 1926.1087, then consult other applicable OSHA standards (for example, general industry PPE and head protection requirements are in the 29 CFR 1910 series). Interpretation letters can also clarify overlaps — for example, OSHA’s head-protection letter explains when 29 CFR 1910.135 applies to crane and lifting operations (see https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2) and can help you determine applicable PPE for vessel and lifting hazards.

Follow the training, qualification, and recordkeeping provisions that appear in 1910.427 because 1926.1087 makes those requirements applicable to construction liveboating. Your program should document who is trained, training content, dates, and any qualifications required by 1910.427.

Cite 1926.1087 and the detailed provisions in 1910.427, since 1926.1087 adopts 1910.427 for construction work; those citations provide the regulatory basis inspectors and contracting parties will expect.

OSHA enforces the construction liveboating requirements, using the regulatory text in 1926.1087 and the substantive provisions in 1910.427. In State Plan states, the State agency enforces its approved plan, which must be at least as effective as federal OSHA (see the State Plan discussion in https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01).

No — Letters of interpretation explain how OSHA interprets and applies existing rules but do not by themselves create new legal obligations; the enforceable requirements remain the regulatory text in 1926.1087 and 1910.427. Use interpretation letters for practical guidance and to understand OSHA’s current enforcement stance (see an example of how letters explain but do not add obligations at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2).