29 C.F.R. § 1918.32

Stowed cargo and temporary landing surfaces

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(a) Temporary surfaces on which loads are to be landed shall be of sufficient size and strength to permit employees to work safely.

(b) When the edge of a hatch section or of stowed cargo may constitute a fall hazard to an employee, the edge shall be guarded by a vertical safety net, or other means providing equal protection, to prevent an employee from falling. When the employer can demonstrate that vertical nets or other equally effective means of guarding cannot be used due to the type of cargo, cargo stowage, or other circumstances, a trapeze net shall be rigged at the top edge of the elevation or other means shall be taken to prevent injury if an employee falls. Safety nets shall be maintained in good condition and be of adequate strength for the purpose intended.

(c) When two gangs are working in the same hatch on different levels, a vertical safety net shall be rigged and securely fastened to prevent employees or cargo from falling. Safety nets shall be maintained in good condition and be of adequate strength for the purpose intended.

Notes of Decisions

Cited in 5 cases, 1973–1987 · leading case: Luke Bonura, Jr., Cross-Appellant v. Sea Land Serv., Inc., Cross-Appellee, Atl. & Gulfstevedores, Inc., Intervenor, 505 F.2d 665 (5th Cir. 1975).

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Luke Bonura, Jr., Cross-Appellant v. Sea Land Serv., Inc., Cross-Appellee, Atl. & Gulfstevedores, Inc., Intervenor, 505 F.2d 665 (5th Cir. 1975). · cites it 2× “It is, however, now 29 C.F.R. 1918.32. 2 There was some dispute as to exactly how far Bonura fell, but each witness called testified that he fell at least eight feet.”

Eugene H. Bandeen v. United Carriers (Panama), Inc., Japan Line, Ltd., & Nichimen Co., Inc., 712 F.2d 1336 (9th Cir. 1983). “29 C.F.R. § 1918.32 (b) (1982) provides: “When an edge of a hatch section or of stowed cargo more than 8 feet high is so exposed that it presents a danger of an employee falling, the edge shall be guarded by a safety net of adequate strength to prevent injury to a falling…”

Bachtel v. Mammoth Bulk Carriers, Ltd., 605 F.2d 438 (9th Cir. 1979). “(5) Violating OSHA’s Safety and Health Regulations for longshoring, 29 C.F.R. § 1918.32 (b). At the close of the Bachtels’ case, Mammoth moved for a directed verdict.”

Long Beach Container Terminal, Inc. v. Occupational Saf. & Health Review Comm'n, & William E. Brock, Sec'y of Labor, 811 F.2d 477 (9th Cir. 1987). “The Commission held that LBCT failed to provide full protection to employees as required under the standard set forth in 29 C.F.R. § 1918.32 (b) (1984). This standard mandates the use of a safety net or other protection when employees are working on top of cargo more than eight…”

M. F. Brown v. Lykes Bros. S.S. Co., Inc., in Personam, & Ss Lipscomb Lykes, in Rem, 484 F.2d 61 (5th Cir. 1973). “Stowed cargo and temporary landing platforms, 29 C.F.R. § 1918.32 (b) (1972) : When an edge of a hatch section or of stowed cargo more than 8 feet high is so exposed that it presents a danger of an employee falling, the edge shall be guarded by a safety net of adequate strength…”

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