|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
June 14, 1982
Acting Regional Administrator - Seattle
R. L. BEESTON
Office of Field Coordination
||PATRICK R. TYSON|
Federal Compliance and State Programs
||Clarification on the Applicability of 1915.115(a) and [1918.66(a)(1)] in Marine Construction|
References: (1) Granchi Memorandum, dated November 2, 1981, title, Request for Clarification on the Applicability of 29 CFR 1918, Longshoring Standards to Marine Construction 1926.605(a)(1) Equipment Repair; (2) Beeston Memorandum, dated July 9, 1981, titled, Request for Clarification on Applicability of 1918 Longshore Certification Standards to Marine Construction Cranes.
[Note: Both memoranda referenced above have been superseded by the July 15, 1982 STD 03-13-002 (formerly STD 3-13.2) titled 29 CFR 1926.605(a)(1) as Applied to Marine Construction and are no longer available]
The Office of Compliance Programming intends to issue an OSHA Instruction to clarify the application of the subject standards to Marine Construction Operations. In addition, the Office of Safety Standards will modify 1926.605(a) to clarify its purpose and scope.
The intent of 29 CFR 1926.605 applies only to marine construction operations conducted over the water. It was never intended that construction cranes or other construction lifting devices be certificated under 29 CFR 1918 when this equipment is being used in a construction operation. However, if a construction employer is using lifting devices such as cranes to load or discharge "cargo" and the operation fits the definition of Longshoring as stated under [29 CFR 1918.2] then the cranes must be certificated as required by [29 CFR 1918.66].