§1910.16 Longshoring and marine terminals

[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.16]

[Page 108-109]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
    Subpart B_Adoption and Extension of Established Federal Standards

 
Sec. 1910.16  Longshoring and marine terminals.


    (a) Safety and health standards for longshoring. (1) Part 1918 of 

this chapter shall apply exclusively, according to the provisions 

thereof, to all employment of every employee engaged in longshoring 

operations or related employment aboard any vessel. All cargo transfer 

accomplished with the use of shore-based material handling devices shall 

be governed by part 1917 of this chapter.

    (2) Part 1910 does not apply to longshoring operations except for 

the following provisions:

    (i) Access to employee exposure and medical records. Subpart Z, 

Sec. 1910.1020;

    (ii) Commercial diving operations. Subpart T;

    (iii) Electrical. Subpart S when shore-based electrical 

installations provide power for use aboard vessels;

    (iv) Hazard communication. Subpart Z, Sec. 1910.1200;

    (v) Ionizing radiation. Subpart Z, Sec. 1910.1096;

    (vi) Noise. Subpart G, Sec. 1910.95;

    (vii) Nonionizing radiation. Subpart G, Sec. 1910.97;



    Note to paragraph (a)(2)(vii): Exposures to nonionizing radiation 

emissions from commercial vessel transmitters are considered hazardous 

under the following conditions: (1) where the radar is transmitting, the 

scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or 

less; or (2) where the radar is transmitting, the scanner is rotating, 

and the exposure distance is 5.2 feet (1.8 m.) or less.

    (viii) Respiratory protection. Subpart I, Sec. 1910.134;

    (ix) Toxic and hazardous substances. Subpart Z applies to marine 

cargo handling activities except for the following:

    (A) When a substance or cargo is contained within a sealed, intact 

means of packaging or containment complying with Department of 

Transportation or International Maritime Organization requirements;\1\

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    \1\ The International Maritime Organization publishes the 

International Maritime Dangerous Goods Code to aid compliance with the 

international legal requirements of the International Convention for the 

Safety of Life at Sea, 1960.

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    (B) Bloodborne pathogens, Sec. 1910.1030;

    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94 (a)); and

    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).

    (x) Powered industrial truck operator training, Subpart N, Sec. 

1910.178(l).

    (b) Safety and health standards for marine terminals. Part 1917 of 

this chapter shall apply exclusively, according to the provisions 

thereof, to employment within a marine terminal, except as follows:

    (1) The provisions of part 1917 of this chapter do not apply to the 

following:

    (i) Facilities used solely for the bulk storage, handling, and 

transfer of flammable and combustible liquids and gases.

    (ii) Facilities subject to the regulations of the Office of Pipeline 

Safety of the Research and Special Programs Administration, Department 

of Transportation (49 CFR chapter I, subchapter D), to the extent such 

regulations apply to specific working conditions.

    (iii) Fully automated bulk coal handling facilities contiguous to 

electrical power generating plants.

    (2) Part 1910 does not apply to marine terminals except for the 

following:

    (i) Abrasive blasting. Subpart G, Sec. 1910.94(a);

    (ii) Access to employee exposure and medical records. Subpart Z, 

Sec. 1910.1020;

    (iii) Commercial diving operations. Subpart T;

    (iv) Electrical. Subpart S;

    (v) Grain handling facilities. Subpart R, Sec. 1910.272;

    (vi) Hazard communication. Subpart Z, Sec. 1910.1200;

    (vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;

    (viii) Noise. Subpart G, Sec. 1910.95;

    (ix) Nonionizing radiation. Subpart G, Sec. 1910.97.

    (x) Respiratory protection. Subpart I, Sec. 1910.134.

    (xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;

    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 

Sec. 1910.177;

    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 

cargo handling activities except for the following:

    (A) When a substance or cargo is contained within a sealed, intact 

means of packaging or containment complying



[[Page 109]]



with Department of Transportation or International Maritime Organization 

requirements; \2\

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    \2\ The International Maritime Organization publishes the 

International Maritime Dangerous Goods Code to aid compliance with the 

international legal requirements of the International Convention for the 

Safety of Life at Sea, 1960.

---------------------------------------------------------------------------



    (B) Bloodborne pathogens, Sec. 1910.1030;

    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1917.24(a)); and

    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1917.73(a)(2)); and

    (xiv) Powered industrial truck operator training, Subpart N, Sec. 

1910.178(l).

    (c) Definitions. For purposes of this section:

    (1) Longshoring operation means the loading, unloading, moving, or 

handling of, cargo, ship's stores, gear, etc., into, in, on, or out of 

any vessel;

    (2) Related employment means any employment performed as an incident 

to or in conjunction with, longshoring operations including, but not 

restricted to, securing cargo, rigging, and employment as a porter, 

checker, or watchman; and

    (3) Vessel includes every description of watercraft or other 

artificial contrivance used, or capable of being used, as a means of 

transportation on water, including special purpose floating structures 

not primarily designed for, or used as a means of, transportation on 

water.

    (4) Marine terminal means wharves, bulkheads, quays, piers, docks 

and other berthing locations and adjacent storage or adjacent areas and 

structures associated with the primary movement of cargo or materials 

from vessel to shore or shore to vessel including structures which are 

devoted to receiving, handling, holding, consolidation and loading or 

delivery of waterborne shipments or passengers, including areas devoted 

to the maintenance of the terminal or equipment. The term does not 

include production or manufacturing areas having their own docking 

facilities and located at a marine terminal nor does the term include 

storage facilities directly associated with those production or 

manufacturing areas.



[39 FR 23502, June 27, 1974, as amended at 48 FR 30908, July 5, 1983; 52 

FR 36026, Sept. 25, 1987; 62 FR 40195, July 25, 1997; 63 FR 66270, Dec. 

1, 1998]