29 C.F.R. Subpart I—General Working Conditions.
Title 29 - Labor
See §1918.1(b)(4). (a) General. Active work areas shall be kept free of equipment, such as lashing gear, and materials not in use, and clear of debris, projecting nails, strapping and other objects not necessary to the work in progress. (b) Slippery surfaces. The employer shall eliminate conditions causing slippery walking and working surfaces in immediate areas used by employees. (c) Free movement of drafts. Dunnage shall not be placed at any location where it interferes with the free movement of drafts. (d) Dunnage height. Dunnage racked against sweat battens or bulkheads shall not be used when the levels of such racks are above the safe reach of employees. (e) Coaming clearance. Dunnage, hatch beams, tarpaulins or gear not in use shall be stowed no closer than three feet (.91 m) to the port and starboard sides of the weather deck hatch coaming. (f) Nails. (1) Nails that are protruding from shoring or fencing in the work area shall be rendered harmless. (2) Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the work area, or, if left in the area, the nails shall be rendered harmless. (g) Ice aloft. Employees shall be protected from ice that may fall from aloft. (a) Walking, working, and climbing areas. Walking, working, and climbing areas shall be illuminated. Unless conditions described in the regulations of the U.S. Coast Guard (33 CFR 154.570) exist for specific operations, illumination for cargo transfer operations shall be of a minimum light intensity of five foot-candles (54 lux). Where work tasks require more light to be performed safely, supplemental lighting shall be used. (b) Intensity measurement. The lighting intensity shall be measured at the task/working surface, in the plane in which the task/working surface is present. (c) Arrangement of lights. Lights shall be arranged so that they do not shine into the eyes of winch-drivers, crane operators or hatch tenders. On Ro-Ro ships, stationary lights shall not shine directly into the eyes of drivers. (d) Portable lights. Portable lights shall meet the following requirements: (1) Portable lights shall be equipped with substantial reflectors and guards to prevent materials from coming into contact with the bulb. (2) Flexible electric cords used with temporary lights shall be designed by the manufacturer for hard or extra-hard usage. Temporary and portable lights shall not be suspended by their electric cords unless the cords and lights are designed for this means of suspension. Connections and insulation shall be maintained in safe condition. (3) Electric conductors and fixtures for portable lights shall be so arranged as to be free from contact with drafts, running gear, and other moving equipment. (4) Portable cargo lights furnished by the employer for use aboard vessels shall be listed as approved for marine use by the U.S. Coast Guard or by a nationally recognized testing laboratory (see §1910.7). (e) Entry into darkened areas. Employees shall not be permitted to enter dark holds, compartments, decks or other spaces without a flashlight or other portable light. The use of matches or open flames is prohibited. (a) Purpose and scope. This section covers areas in which the employer knows, or has reason to believe, that a hazardous atmosphere or substance may exist, except where one or more of the following sections apply: §1918.94(a), Carbon monoxide; §1918.94(b), Fumigated grains; §1918.94(c), Fumigated tobacco; §1918.94(d), Other fumigated cargoes; §1918.94(e), Catch of menhaden and similar species of fish. (b) Determination of the hazard. When the employer knows, or has reason to believe, that a space on a vessel contains or has contained a hazardous atmosphere, a designated and appropriately equipped person shall test the atmosphere prior to employee entry to detect whether a hazardous atmosphere exists. (c) Testing during ventilation. When mechanical ventilation is used to maintain a safe atmosphere, tests shall be made by a designated person to ensure that the atmosphere is not hazardous. (d) Entry into hazardous atmospheres. Only designated persons shall enter hazardous atmospheres, in which case the following provisions shall apply: (1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart J of this part; (2) Persons entering a space containing a hazardous atmosphere shall be instructed about the hazards, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such space; (3) Except in emergency or rescue operations, employees shall not enter any atmosphere identified as flammable or oxygen-deficient (less than 19.5% oxygen). Persons who may be required to enter flammable or oxygen-deficient atmospheres in emergency operations shall be instructed in the dangers attendant to those atmospheres and be instructed in the use of self-contained breathing apparatus which shall be used for entry. (4) To prevent inadvertent employee entry into spaces identified as having hazardous, flammable or oxygen-deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces. (e) Asbestos cargo leak. When the packaging of asbestos cargo leaks, spillage shall be cleaned up by designated employees protected from the harmful effects of asbestos as required by §1910.1001 of this chapter. (a) Ventilation with respect to carbon monoxide. (1) When internal combustion engines exhaust into a hold, intermediate deck, or any other compartment, the employer shall ensure that the atmosphere is tested as frequently as needed to prevent carbon monoxide (CO) concentrations from exceeding allowable limits. Such tests shall be made in the area in which employees are working by persons competent in the use of the test equipment and procedures. If operations are in a deep tank or refrigerated compartment, the first test shall be made within one half hour of the time the engine starts. To decide the need for further testing, the initial test in all other cargo handling areas shall be taken no later than one hour after the time the engine starts. (i) The CO content of the atmosphere in a compartment, hold, or any enclosed space shall be maintained at not more than 50 parts per million (ppm) (0.005%) as an eight hour average area level and employees shall be removed from the enclosed space if the CO concentration exceeds a ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 200 ppm (0.02%) instead of 100 ppm (0.01%) for Ro-Ro operations. 12 [Reserved] Note to paragraph (ii) When both natural ventilation and the vessel's ventilation system are inadequate to keep the CO concentration within the allowable limits, the employer shall use supplementary means to bring such concentration within allowable limits, as determined by monitoring. (2) The intakes of portable blowers and any exposed belt drives shall be guarded to prevent injury to employees. (3) The frames of portable blowers shall be grounded at the source of the current by means of an equipment grounding conductor run with or enclosing the circuit conductors. When the vessel is the source of the current, the equipment grounding conductor shall be bonded to the structure of the vessel. Electric cords shall be free from visible defects. (b) Fumigated grains. (1) Before commencing to handle bulk grain in any compartment of a vessel in which employees will or may be present, the employer shall: (i) Determine whether the grain has been or will be fumigated at the elevator; and (ii) Determine whether that compartment, or any cargo within it loaded at a prior berth, has been treated with a fumigant or any other chemical. (2) If fumigant or chemical treatment has been carried out, or if there is reason to suspect that such treatment has been carried out, it shall be determined by atmospheric testing that the compartment's atmosphere is within allowable limits. (See paragraph (b)(3) of this section.) (3) A test of the fumigant concentration in the atmosphere of the compartment shall be made after loading begins and before employees enter the compartment. Additional tests shall be made as often as necessary to ensure that hazardous concentrations do not develop. (i) Tests for fumigant concentration shall be conducted by a designated person, who shall be thoroughly familiar with the characteristics of the fumigant being used, the correct procedure for measurement, the proper measuring equipment to be used, the fumigant manufacturers' recommendations and warnings, and the proper use of personal protective equipment to guard against the specific hazard. (ii) If the concentration in any compartment reaches the level specified as hazardous by the fumigant manufacturer, or exceeds the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower, all employees shall be removed from such compartments and shall not be permitted to reenter until tests prove that the atmosphere is within allowable limits. (iii) No employee shall be permitted to enter any compartment in which grain fumigation has been carried out, or any compartment immediately next to such a compartment, until it has been determined by testing that the atmosphere in the compartment to be entered is within allowable limits for entry. (iv) In the event a compartment containing a hazardous or unknown concentration of fumigants must be entered for testing of the atmosphere, or for emergency purposes, each employee entering shall be protected by respiratory protective equipment following the provisions of §1918.102, and by any protective clothing and other personal protective equipment recommended by the fumigant manufacturer for protection against the particular hazard. At least two other employees shall be stationed outside the compartment as observers, to provide rescue services in case of emergency. The observers shall be equipped with similar personal protective equipment. (v) One or more employees on duty shall be equipped and trained to provide any specific emergency medical treatment stipulated for the particular fumigant. (vi) Emergency equipment required by this paragraph shall be readily accessible wherever fumigated grains are being handled. (4) If a compartment is treated for local infestation before loading grain by a chemical other than a fumigant, the employee applying the treatment, and any other employees entering the compartment, shall be provided with and required to use any personal protective equipment recommended by the manufacturer of the product to protect them against the effects of exposure. (c) Fumigated tobacco. The employer shall not load break-bulk tobacco until the carrier has provided written notification about whether or not the cargo has been fumigated. If break-bulk tobacco cargo has been treated with any toxic fumigant, loading shall not commence until a written warranty has been received from the fumigation facility that the aeration of the cargo has been such as to reduce the concentration of the fumigant to within the level specified as hazardous by the fumigant manufacturer, or does not exceed the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower. Such notification and warranty shall be maintained for at least 30 days after the loading of the tobacco has been completed, and shall be available for inspection. (d) Other fumigated cargoes. Before commencing to load or discharge fumigated cargo other than the cargo specifically addressed in paragraphs (b) and (c) of this section, the employer shall determine that the concentration of fumigants is within the level specified as hazardous by the fumigant manufacturer, or does not exceed the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower. (e) Grain dust. When employees are exposed to concentrations of grain dust greater than the allowable limit found in subpart Z of part 1910 of this chapter, they shall be protected by suitable respiratory protective equipment as required by §1918.102. (f) Catch of menhaden and similar species of fish. (1) The provisions of this paragraph shall not apply to vessels having and utilizing refrigerated holds for the carriage of all cargo. (2) After a vessel has arrived at berth for discharge of menhaden, but before personnel enter the hold, and as frequently thereafter as tests show to be necessary, tests shall be made of the atmosphere in the vessel's hold to ensure a safe work space. The tests shall be done for the presence of hydrogen sulfide and for oxygen deficiency. (3) Tests required by paragraph (f)(2) of this section shall be made by designated supervisory personnel, trained and competent in the nature of hazards and the use of test equipment and procedures. (4) Before employees enter a hold it shall be tested for hydrogen sulfide and oxygen deficiency. Employees shall not enter the hold when the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen content is less than 19.5 percent, except in emergencies. [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] (a) Washing and toilet facilities. (1) Accessible washing and toilet facilities sufficient for the sanitary requirements of employees shall be readily accessible at the worksite. The facilities shall have: (i) Running water, including hot and cold or tepid water, at a minimum of one accessible location (when longshoring operations are conducted at locations without permanent facilities, potable water may be provided instead of running water); (ii) Soap; (iii) Individual hand towels, clean individual sections of continuous toweling, or warm air blowers; and (iv) Fixed or portable toilets in separate compartments with latch-equipped doors. Separate toilet facilities shall be provided for male and female employees unless toilet rooms will be occupied by only one person at a time. (2) Washing and toilet facilities shall be regularly cleaned and maintained in good order. (b) Drinking water. (1) Potable drinking water shall be accessible to employees at all times. (2) Potable drinking water containers shall be clean, containing only water and ice, and shall be fitted with covers. (3) Common drinking cups are prohibited. (c) Prohibited eating areas. Consumption of food or beverages in areas where hazardous materials are stowed or being handled is prohibited. (d) Garbage and overboard discharges. Work shall not be conducted close to uncovered garbage or in the way of overboard discharges from the vessel's sanitary lines unless employees are protected from the garbage or discharge by a baffle or splash boards. (a) Noise interference (See also §1918.1(b)(6).) Longshoring operations shall not be carried on when noise interferes with communications of warnings or instructions. (b) Falling objects. Longshoring operations shall not be carried on in the hold or on deck beneath work being conducted overhead whenever such work exposes the employee to a hazard of falling objects. (c) Hot work. Longshoring operations shall not be carried on where the employee is exposed to damaging light rays, hot metal, or sparks from welding or cutting. (d) Abrasive blasting and spray painting. Longshoring operations shall not be carried on in the immediate vicinity of abrasive blasting or spray painting operations. (e) Machine guarding. (See also §1918.2, definition of “Danger zone”.) (1) Danger zones on machines and equipment used by employees shall be guarded. (2) The power supply to machines shall be turned off, locked out, and tagged out during repair, adjustment, or servicing. (a) Injury reporting. The employer shall require each employee to report every work-related injury, regardless of severity, to the employer. (b) First aid. A first aid kit shall be available at or near each vessel being worked. At least one person holding a valid first aid certificate, such as is issued by the Red Cross or other equivalent organization, shall be available to render first aid when work is in progress. (c) First aid kits. First aid kits shall be weatherproof and shall contain individual sealed packages for each item that must be kept sterile. The contents of each kit shall be determined by a person certified in first aid and cognizant of the hazards found in marine cargo handling operations. The contents shall be checked at intervals that allow prompt replacement of expended items. (d) Stretchers. (1) For each vessel being worked, at least one Stokes basket stretcher, or its equivalent, shall be available to be permanently equipped with bridles for attachment to the hoisting gear. (2) Stretchers shall be kept close to vessels and shall be positioned to avoid damage to the stretcher. (3) A blanket or other suitable covering shall be available. (4) Stretchers shall have at least four sets of effective patient restraints in operable condition. (5) Lifting bridles shall be of adequate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of five (lifting capability of 5,000 pounds), and shall be maintained in operable condition. Lifting bridles shall be provided for making vertical patient lifts at container berths. Stretchers for vertical lifts shall have foot plates. (6) Stretchers shall be maintained in operable condition. Struts and braces shall be inspected for damage. Wire mesh shall be secured and have no burrs. Damaged stretchers shall not be used until repaired. (7) Stretchers in permanent locations shall be mounted to prevent damage and be protected from the elements if located out-of-doors. If concealed from view, enclosures shall be marked to indicate the location of the lifesaving equipment. (e) Life-rings. (1) The employer shall ensure that there is in the vicinity of each vessel being worked at least one U.S. Coast Guard approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.43 m) of line attached, and at least one portable or permanent ladder that will reach from the top of the apron to the surface of the water. (2) In addition, when working a barge, scow, raft, lighter, log boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall be provided either on the floating unit itself or aboard the ship in the immediate vicinity of each floating unit being worked. (f) Communication. Telephone or equivalent means of communication shall be readily available at the worksite. [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] (a) Qualification of machinery operators. (1) Only an employee determined by the employer to be competent by reason of training or experience, and who understands the signs, notices and operating instructions and is familiar with the signal code in use, shall be permitted to operate a crane, winch, or other power-operated cargo handling apparatus, or any power-operated vehicle, or give signals to the operator of any hoisting apparatus. However, an employee being trained and supervised by a designated person may operate such machinery and give signals to operators during training. (2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments that may suddenly incapacitate the employee, shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle. Note to paragraph (b) Supervisory accident prevention proficiency. (1) By July 16, 1999, each immediate supervisor of a cargo handling operation of more than five persons shall satisfactorily complete a course in accident prevention. (2) Each employee newly assigned to supervisory duties after that date shall be required to meet the provisions of this paragraph within 90 days of such assignment. (3) The accident prevention course shall consist of instruction suited to the particular operations involved.13 13 The following are recommended topics: Safety responsibility and authority; elements of accidents prevention; attitudes, leadership and motivation; hazards of longshoring, including peculiar local circumstances; hazard identification and elimination; applicable regulations; and accident investigations. [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] (a) Any employer who receives a package of hazardous material that is required to be marked, labeled or placarded in accordance with the U.S. Department of Transportation's Hazardous Materials Regulations (49 CFR parts 171 through 180) shall retain those markings, labels and placards on the package until the packaging is sufficiently cleaned of residues and purged of vapors to remove any potential hazards. (b) Any employer who receives a freight container, rail freight car, motor vehicle, or transport vehicle that is required to be marked or placarded in accordance with the Hazardous Materials Regulations shall retain those markings and placards on the freight container, rail freight car, motor vehicle or transport vehicle until the hazardous materials that require the marking or placarding are sufficiently removed to prevent any potential hazards. (c) Markings, placards and labels shall be maintained in a manner that ensures that they are readily visible. (d) For non-bulk packages that will not be reshipped, the provisions of the section are met if a label or other acceptable marking is affixed in accordance with OSHA's Hazard Communication Standard (29 CFR 1910.1200). (e) For the purposes of this section, the term “hazardous material” has the same definition as in the Hazardous Materials Regulations (49 CFR parts 171 through 180). (a) Scope and application. This section requires all employers to develop and implement an emergency action plan.14 14 When an employer directs his employees to respond to an emergency that is beyond the scope of the Emergency Action Plan, a plan developed in accordance with §1910.120(q) of this chapter shall apply. (b) Elements. The following elements, at a minimum, shall be included in the plan: (1) Emergency escape procedures and emergency escape route assignments; (2) Procedures to be followed by employees who remain to operate critical operations before they evacuate; (3) Procedures to account for all employees after emergency evacuation has been completed; (4) Rescue and medical duties for those employees who are to perform them; (5) The preferred means of reporting fires and other emergencies; and (6) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan. (c) Alarm system. The employer shall establish an employee alarm system that provides warning for necessary emergency action or for reaction time for safe escape of employees from the workplace or the immediate work area, or both. (d) Evacuation. The employer shall establish the types of evacuation to be used in emergency circumstances. (e) Training. (1) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees. (2) The employer shall review the plan with each employee covered by the plan at the following times: (i) Initially when the plan is developed; (ii) Whenever the employee's responsibilities or designated actions under the plan change; and (iii) Whenever the plan is changed. (3) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan. [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Title 29: Labor
PART 1918—SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
Subpart I—General Working Conditions.
§ 1918.90 Hazard communication.
§ 1918.91 Housekeeping.
§ 1918.92 Illumination.
§ 1918.93 Hazardous atmospheres and substances (See also §1918.2).
§ 1918.94 Ventilation and atmospheric conditions (See also §1918.2, definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro operations).
§ 1918.95 Sanitation.
§ 1918.96 Maintenance and repair work in the vicinity of longshoring operations.
§ 1918.97 First aid and lifesaving facilities. (See appendix V of this part).
§ 1918.98 Qualifications of machinery operators and supervisory training.
§ 1918.99 Retention of DOT markings, placards and labels.
§ 1918.100 Emergency action plans.
