(a) The regulations of this part apply to longshoring operations and related employments aboard vessels. All cargo transfer accomplished with the use of shore-based material handling devices is covered by part 1917 of this chapter.
(b) Part 1910 of this chapter does not apply to longshoring except for the following provisions:
(1) Access to employee exposure and medical records. Subpart Z, § 1910.1020;
(2) Commercial diving operations. Subpart T;
(3) Electrical. Subpart S when shore-based electrical installations provide power for use aboard vessels;
(4) Hazard communication. Subpart Z, § 1910.1200;
(5) Ionizing radiation. Subpart Z, § 1910.1096;
(6) Noise. Subpart G, § 1910.95;
(7) Nonionizing radiation. Subpart G, § 1910.97;
Note to paragraph (b)(7):Exposures to nonionizing radiation emissions from commercial vessel radar transmitters are considered hazardous under the following situations: (a) Where the radar is transmitting, the scanner is stationary, and the exposure distance is 19 feet (5.79 m) or less; or (b) where the radar is transmitting, the scanner is rotating, and the exposure distance is 5 feet (1.52 m.) or less.
(8) Respiratory protection. Subpart I, § 1910.134;
(9) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following:
(i) 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
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.
(ii) Bloodborne pathogens, § 1910.1030;
(iii) Carbon monoxide, § 1910.1000 (See § 1918.94(a)); and
(iv) Hydrogen sulfide, § 1910.1000 (See § 1918.94(f)); and
(v) Hexavalent chromium § 1910.1026 (See § 1915.1026)
(10) Powered industrial truck operator training, Subpart N, § 1910.178(l).
Note to paragraph (b)(10):The Compliance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for Longshoring.
(c) Section 1915.1026 applies to any occupational exposures to hexavalent chromium in workplaces covered by this part.
[62 FR 40202, July 25, 1997, as amended at 63 FR 66274, Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR 40943, June 30, 2000; 71 FR 10381, Feb. 28, 2006]
Notes of Decisions
Thomas Brown v. Ivarans Rederi A/s, 545 F.2d 854 (3rd Cir. 1976).
“The OSHA Safety and Health Regulations for Longshoring, 29 C.F.R. § 1918.1 , et seq., in sections pertinent to this case, provide inter alia: “§ 1918.”
Florida Fuels, Inc. v. Citgo Petroleum Corp., 6 F.3d 330 (5th Cir. 1993).
“It is undisputed that many dock owners provide gangways or oth *334 er means of access for their own employees, as they are required to do by the OSHA regulations for longshoring, 29 C.F.R. § 1918.1 et seq. (1992). Nonetheless, although custom may be considered as evidence…”
Charles Evans v. Transportacion Mar. Mexicana Ss \Campeche\"", 639 F.2d 848 (2d Cir. 1981).
“§ 941 (a) (1976), and regulations, 29 C.F.R. §§ 1918.1 -.106 (1979), place the primary responsibility for safety on the stevedore and it is clear from the legislative history of the 1972 Amendments that Congress intended to place the principal burden of safety on stevedores.”
Espinoza v. United States Lines, Inc., 444 F. Supp. 405 (S.D.N.Y. 1978).
“See also the Occupational Safety and Health Act Regulations for Longshoring, 29 C.F.R. §§ 1918.1 et seq., which generally apply only to stevedore companies.”
Orazio Albergo v. Hellenic Lines, Inc., 658 F.2d 66 (2d Cir. 1981).
“29 C.F.R. § 1918.1 (a) [OSHA], The duty to clear away any loose debris when that can be done as plaintiff did it here, is placed squarely on the stevedore employer, not the vessel owner.”
Darwin v. United States, 435 F. Supp. 501 (N.D. Cal. 1977).
“Both of these conclusions are directly reinforced by the “purpose and authority” section of the regulations, 29 C.F.R. § 1918.1 , which provides in subdivision (a): “(a) The Longshoremen’s and Harbor Workers’ Compensation Act ( 44 Stat.”
Walton v. Cooper/T. Smith Stevedoring, 709 So. 2d 941 (La. Ct. App. 1998).
“In support, C/TS cites 29 C.F.R. §§ 1918.1 (b) and 1918.3(d). Plaintiff acknowledges that because Singapore is not his Jones Act employer, 45 U.”
Trueba v. Flota Bananera Ecuadorian Lines, Inc., 675 F. Supp. 786 (S.D.N.Y. 1987).
“at 69 (quoting 29 C.F.R. § 1918.1 (a) [OSHA]). Plaintiff, stevedore’s employee and ship foreman, testified that he could easily have moved the chain aside: Q.”
Landsem v. Isuzu Motors, Ltd., 534 F. Supp. 448 (D. Or. 1982).
“3), that evidence cannot support a finding that the shipowner was negligent, because it is the duty of the stevedore, not the shipowner, to provide adequate lighting.”
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