C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—UNINSPECTED VESSELS › PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS › Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade

46 C.F.R. § 28.215

Guards for exposed hazards

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(a) Each space on board a vessel must meet the requirements of this section.

(b) Suitable hand covers, guards, or railing must be installed in way of machinery which can cause injury to personnel, such as gearing, chain or belt drives, and rotating shafting. This is not meant to restrict necessary access to fishing equipment such as winches, drums, or gurdies.

(c) Each exhaust pipe from an internal combustion engine which is within reach of personnel must be insulated or otherwise guarded to prevent burns.

Notes of Decisions
Cited in 3 cases, 1996–2007 · leading case: Marine Solution Servs., Inc. v. Horton, 70 P.3d 393 (Alaska 2003).
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Marine Solution Servs., Inc. v. Horton, 70 P.3d 393 (Alaska 2003). “§4502 (b)(2)G and 46 CFR. § 28.215). 80 . Id. at 515. 81 . Id.”
Johnson v. Horizon Lines, LLC, 520 F. Supp. 2d 524 (S.D.N.Y. 2007). “The regulation in Fuszek was 46 C.F.R. § 28.215 , which provides in part that "[s]uitable hand covers .”
Fuszek v. Royal King Fisheries, Inc., 98 F.3d 514 (9th Cir. 1996). “” It is in line with section 4502(b)(2)(G) that the Coast Guard promulgated 46 C.F.R. § 28.215 . 3 That regulation — which both sides concede applies here — requires all exposed machinery on board a vessel to have suitable hand covers.”
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