29 C.F.R. § 1915.73

Guarding of deck openings and edges

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(a) The provisions of this section shall apply to ship repairing and shipbuilding operations and shall not apply to shipbreaking.

(b) When employees are working in the vicinity of flush manholes and other small openings of comparable size in the deck and other working surfaces, such openings shall be suitably covered or guarded to a height of not less than 30 inches, except where the use of such guards is made impracticable by the work actually in progress.

(c) When employees are working around open hatches not protected by coamings to a height of 24 inches or around other large openings, the edge of the opening shall be guarded in the working area to height of 36 to 42 inches, except where the use of such guards is made impracticable by the work actually in progress.

(d) When employees are exposed to unguarded edges of decks, platforms, flats, and similar flat surfaces, more than 5 feet above a solid surface, the edges shall be guarded by adequate guardrails meeting the requirements of § 1915.71(j) (1) and (2), unless the nature of the work in progress or the physical conditions prohibit the use or installation of such guardrails.

(e) When employees are working near the unguarded edges of decks of vessels afloat, they shall be protected by personal flotation devices, meeting the requirements of § 1915.158(a).

(f) Sections of bilges from which floor plates or gratings have been removed shall be guarded by guardrails except where they would interfere with work in progress. If these open sections are in a walkway at least two 10-inch planks placed side by side, or equivalent, shall be laid across the opening to provide a safe walking surface.

(g) Gratings, walkways, and catwalks, from which sections or ladders have been removed, shall be barricaded with adequate guardrails.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]

Notes of Decisions

Cited in 7 cases, 1983–2017 · leading case: Falconer v. Penn Mar., Inc., 397 F. Supp. 2d 68 (D. Me. 2005).

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Falconer v. Penn Mar., Inc., 397 F. Supp. 2d 68 (D. Me. 2005). · cites it 2× “Falconer’s claim in part as follows: “The plaintiff further asserts claims against the defendant on the basis of negligence per se arising from the defendant’s violation of 29 CFR 1915.73, 46 CFR 92.25-15, and 46 CFR 108.”

Dearal Stass v. Am. Com. Lines, Inc. & the Barge \Acbl-920\"", 720 F.2d 879 (5th Cir. 1983). “29 C.F.R. § 1915.73 (c) (1983) provides: § 1915.”

River Transp. Assocs. v. Wall, 5 F.3d 97 (5th Cir. 1993). · cites it 2× “See 29 C.F.R. §§ 1915.73 , 1915.-91, 1915.92.”

In Re the Complaint of Knudsen, 710 F. Supp. 2d 1252 (S.D. Ala. 2010). “25-26)(eiting 29 C.F.R. § 1915.73 (d)). While it is true that an owner has no affirmative duty to provide fall protection to longshoremen, the regulations provide that “this part is not intended to relief owners, operators, agents or masters of vessels who are not ‘employers’…”

Donald W. Elberg v. Mobil Oil Corp., 967 F.2d 1146 (7th Cir. 1992). “29 C.F.R. § 1915.73 . 5 . Section 905(b) provides: In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as…”

Cruz v. United States, 247 F. Supp. 3d 1138 (S.D. Cal. 2017). “” 29 C.F.R. 1915.73(c)(emphasis added); Dkt.”

Witt v. Am. Trading Transp. Co., 820 F. Supp. 1249 (D. Or. 1993). “" 29 C.F.R. § 1915.73 (b). There is no evidence that covering the holes prior to plaintiff’s inspection would have been impracticable, and no work was in progress in the tank.”

— 29 C.F.R. § 1915.73(c) — 1 case

Cruz v. United States, 247 F. Supp. 3d 1138 (S.D. Cal. 2017). “” 29 C.F.R. 1915.73(c)(emphasis added); Dkt.”

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