Recently, one of our subscribers asked the following questions:
Is a confined space on a permanently moored casino vessel adjacent to a land-based hotel covered under OSHA’s more restrictive general industry rule or under the maritime rules? Since the general industry standards are more restrictive than the maritime standards, if the vessel does fall under maritime, how does this protect the operations by having two different policies and not protecting the employees in the same manner? I have gotten different opinions from different OSHA inspectors.
|
This was our answer:
Especially considering that you have gotten different opinions from different OSHA inspectors, it would be prudent to ensure compliance by using the confined space policy that meets OSHA’s more restrictive requirements.
If you conduct any work in the confined space beyond maintenance such as construction, alteration, and/or repair, including painting and decorating, then such activities may be covered under the new OSHA construction rule for confined spaces.
A permanently moored vessel such as a floating casino is regulated by OSHA, but we could not find any OSHA interpretation that the moored casino would be covered by maritime rules. OSHA’s maritime rules cover shipyards, marine terminals (loading and unloading bulk cargo), and longshoring operations.
In OSHA’s directive CPL 02-01-047, OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and the Outer Continental Shelf (OCS), Section XII, Inspected Vessels, item #3, it states, “OSHA exercises authority over employers for the working conditions of their employees, other than seamen, who are exposed to occupational hazards while working on inspected vessels. These employers include those engaged in longshoring, shipbuilding, ship repair, shipbreaking, general industry, or construction operations.” Your operation is not longshoring, shipbuilding, ship repair, or shipbreaking.