U.S. Merchant Marine Academy
Kings Point, NY
July 19 - 20, 2000

The fifteenth meeting of the OSHA Maritime Advisory Committee for Occupational Safety and Health (MACOSH) was called to order at 9:00 a.m. on July 19, 2000 at the U.S. Merchant Marine Academy in Kings Point, NY. An electronic transcript of the full meeting (July 19 & 20, 2000) was sent separately to members of the committee for their review and record. The Executive Summary and the transcript on the February 29 and March 1 meeting were approved unanimously. This was the first meeting of the new chartered MACOSH committee. Larry Reed welcomed the three new members of the committee; Captain Teresa Preston, Charles Thompson and Edwin Lant; and thanked the previous committee members for their participation. Larry Reed and Larry Liberatore began the meeting and reviewed the agenda for the current meeting.

Captain Chris McMahon, the director of the Global Maritime and Transportation School (GMATS) at Kings Point welcomed the committee to the Merchant Marine Academy and gave a brief overview of the Academy.

Next, Larry Liberatore gave a summary on a recent meeting with Charles Jeffress, Assistant Secretary of Labor. Mr. Jeffress stated that he is enthusiastic about the ergonomics study that MACOSH has been involved with and hopes that the study continues on schedule. He pledges his support to MACOSH’s continued work in the area of training and outreach, both in partnership efforts with the training institute and the focused training that has been developed. Mr. Jeffress stated his intentions to elevate maritime compliance to a division and bring in an Office Director. In addition, Newport News Shipyard was recognized for continuing as a VPP site.

Chap Pierce, Directorate of Safety Standards, gave an overview of the OSHA standards that are currently being worked on.

  • Ergonomics- OSHA is currently working towards a final rule. The scope is limited to general industry.
  • Safety and Health Program Standard - this proposal has been put on hold, pending the completion of the ergonomics standard.
  • Record Keeping - this regulation is currently under internal review.
  • PPE Payment - a proposal was published, the final rule it expected to go to OMB (Office of Management and Budget) in August, and possibly into the Federal Register as a final rule in October or November.
  • Shipyard Fire Protection - due to a lack of resources from the ergonomics rule, the office of Maritime Standards is still working on the latest draft and aiming to meet in September with the Neg-Reg committee to review the latest document.
  • Longshoring Corrections Document - this was completed and published in the Federal Register on June 30. We will move forward with the guidebook.
  • 1915 Corrections Notice - making the same type of corrections that were completed in the longshore corrections document. Should be able to move this relatively quickly.
  • A meeting was held with OMB on paperwork burden. Paperwork burdens are reviewed every three years to see whether they’re still needed or current. At this meeting, it was suggested that OMB involve the advisory committees as a resource during this process. If the committee is willing, when some of the paperwork approvals expire for shipyards and longshoring, OSHA would like to come to MACOSH, show the paperwork package and the estimates to the committee, or a workgroup, and get some comment.
  • Maritime Web Page - to access the Maritime Web Page from the OSHA public page: go through Outreach, and then Maritime. You’ll be able to access the Office of Maritime Standard, the Office of Maritime Compliance, the pages for MACOSH and other maritime related issues.
  • Silica and Respiratory protection factors - Proposals are scheduled for 2001.
  • PEL - this is due to go to OMB soon, and scheduled to go into the Federal Register in late 2000 as a proposal.
  • Diesel Emissions - NIOSH is conducting an epidemiologic study looking at lung cancer and other health points as a function of diesel particulate exposure. A representative from this study will be invited to the next MACOSH meeting. MSHA has an interest, but this is not on the OSHA radar screen at this point.

There was a concern raised by some members of the committee that the Offices of Maritime Standards and Maritime Compliance wouldn’t be able to continue their role in supporting the MACOSH committee due to an agency reorganization. Mr. Pierce, Mr. Liberatore and Mr. Frank Stasheim explained the plans of the agency in this area. This is a way of dealing with the standards process and trying to make it more efficient, more responsive and quicker. The same staff will be in their same roles, continuing their efforts.

Tom Galassi, Office of Compliance, gave an update on compliance activities. Mr. Barry Knoll has joined the office of Maritime Compliance, former area director from Anchorage, Alaska, to serve as a senior technical staff person.

  • OSHA conducted 382 inspections, 82% were programmed inspections and 18% were unprogrammed.
  • A settlement was reached on the PITTS lawsuit, and was signed on July 14. This will stagger the compliance states for operators into June 30, 2001, or October 1, 2001. Until then, they are to comply with 1917.27 and 1918.98.
  • Lock out/ Tag out - OSHA went to shipyards in Norfolk, San Diego, and Seattle in order to understand the Navy’s tag out program. OSHA has concerns with employee involvement in this program. More work will be done to work out these issues.
  • Ship breaking - there is a memorandum of agreement between OSHA, EPA, NMSA, and Defense Logistics Agency that lays out procedures for shipbreaking at Philadelphia, Baltimore, Brownsville, and San Francisco. This agreement requires that there is pre-bidding screening and post award meetings.
  • Maritime Web Page - this page addresses compliance assistance, standards, technical links and a MACOSH link.
  • STD.2 - Application of General Industry Standards to Shipyards. - A field task force was put together to review this document. Currently taking a second look at it, and OSHA is ready to make this a priority. At the previous meeting, MACOSH was asked for their input.
  • Longshoring Marine Terminal Operations Directive - with the completion of the Longshoring Corrections Document, this will be revised accordingly.

Mr. Brant Wagner from ILO (International Labor Organization) in Geneva, Switzerland, gave a presentation on what the ILO is; what are ILO conventions and recommendations; the main contents of the Occupational Safety and Health Dock Work Convention, No. 152; what are the codes of practice on safety and health in dock work; a guide to safety and health in dock work and why these are important; why they should be revised; and how MACOSH could help ILO. ILO would like to update the current guidebook on Convention 152, which helps countries to develop the regulations and practices on safety and health in dock work. Mr. Wagner asked MACOSH to give a recommendation to the Department of Labor stating that this was a good thing to do.

The afternoon breakout session was devoted to setting priorities and goals for the upcoming two years. Mr. Steve Brightwell, a facilitator from NIOSH, explained that each group should come up with three levels of prioritization. Category A would be necessary issues that are broken down in small enough to be handled or accomplished in two years. The B category would include very important issues that need to be recorded, but won’t necessarily be accomplished in two years. Category C are the remaining issues that need to be recorded. John McNeil reported on the lists that the Longshoring group developed and Jim Thornton and Chico McGill presented the Shipyard breakout group’s priorities.

On July 20, the committee agreed to endorse the priority lists and to charge workgroups from Longshoring and from Shipyards to refine these lists and to develop, for the next MACOSH meeting, a goal statement for each priority. [A workgroup meeting was held in Washington, DC on October 4, 2000 to complete this task.] This statement would include the expected end product/products, an expected end date, and a list of those goals that should be addressed by MACOSH as a whole committee. It was also agreed that at the next conference call, each working group would provide their input on the goals, and these would be incorporated into the agenda for the upcoming MACOSH meeting.

The remainder of the morning was spent in the breakout sessions. John McNeil provided a summary of the longshoring session. There was a presentation on the VTL’s (vertical tandem lifting) that included a question and answer period. The group then went through their prioritized list and decided on the items that they were going to give immediate attention to: MACOSH consultation and recommendations on maritime and relevant general industry standards; MACOSH be more involved in OSHA outreach programs; bringing closure to the VTL issues; accident review or root causes; multi-employer workplace; fall arrests from pedestals; diesel exhaust; begin a study on traffic and speeds on terminals; and OSHA training for the longshore industry. The work group will consist of John McNeil, Jeff Vigna and Charles Thompson.

Jim Thornton began the summary of the shipyard breakout session. This group decided they wanted to stay involved in the NIOSH epidemiology study on diesel exhaust by taking necessary action as the data becomes available. This group also worked on their list of priorities, and developed a work group of Chico McGill, Jim Thornton, Iona Evans, Edwin Lant, Emile Benard, and Mike Flynn. In addition, this group would work with the longshoring group to identify any commonalities in the two priority lists. Chuck Rupy from Maritech gave a presentation on the OSHA and Maritech partnerships. Chico McGill, Teresa Preston and Larry Reed will act as liaisons with the committee and the Maritech effort. Earl Cook then gave a presentation on the ECAT (Electronic Compliance Assistance Tool). Debra Gabry will be looking for MACOSH to provide her with input on the top hazards in the industry. Lt. Laura Weems then gave a presentation on the status of competent persons, including opportunities for improvement, the equality of the competent persons and how they’re practicing. A small workgroup consisting of Bob Scott, Steve Morris, Emile Benard and Lt. Weems will follow up on this topic.

Brant Wagner talked with both breakout groups about the ILO discussion for possible support from MACOSH on the Dockworker Safety Guide. The committee agreed to support the project, but to reserve judgement on the end product. Jenny Miller and Tom Pope gave an update on the status of OSHA shipyard course being held at Kings Point. The first course was held from May 16 - 26, 2000 and was successful. This course is not on safety and health, but covers terminology, structural variations, process being used in shipyards and the workflow that occurs in shipyards. OSHA and Kings Point are currently working on an outline for a longshoring course.

Steve Hudock and Steve Wurzelbacher then gave a presentation on the NIOSH/NSRP ergonomics study. The group has gone through numerous facilities, identified the candidates, studied their injury and illness logs, conducted the quantitative risk factor assessments and have provided the preliminary survey reports to these facilities. Currently, the interim surveys are being conducted which implement the interventions at each facility. After a period of about three to six months, the post-intervention evaluations will be performed to determine if the intervention was successful. The goal of this project is to develop a best practices guideline for the shipyard and longshoring industries.

Dr. Lew from NIST then gave a presentation on his findings on the performance of interbox connectors, twist locks or latch locks, and how they are used in conjunction with VTL’s. This study consisted of studying the twist locks to determine how strong they are, the assembly capacity, the material characteristics of the connectors and the bearing of the connectors on the corner fittings.

The committee agreed that future MACOSH meetings will consist of two full working days, from 8:00 a.m. until 5:00 p.m. The date for the conference call was scheduled for October 12th (subsequently changed to October 25th) from 11:00 am until 12:30 p.m. EST. The committee decided to hold their next meeting in Baltimore, MD on December 6-7, 2000. A subsequent meeting date of March 14-15, 2001 was set for a site to be determined. The meeting was adjourned at 3:00 p.m.[Subsequent to this meeting, conference calls were held on October 25, November 8, and November 22 to establish the agenda for the December MACOSH meeting.]

Goals and Priorities as identified on July 17, 2000


Category A:

MACOSH consultation and recommendations prior to including maritime industry in general industry standards;

MACOSH to be more involved in OSHA outreach program; incorporate MACOSH issues into the OSHA strategic plan; MACOSH be more involved in regulatory matters; resolution of the VTL issue; Develop proposed training program for OSHA Compliance Officers in the Longshoring and Marine Terminal industries.

Category B:

Accident review to identify root causes and develop uniform cures for accidents; Terminal traffic and speed controls; MACOSH area meetings to solve regional problems; Share information on near misses and near fatal accidents by better publication and dissemination of information; Enforcement of multi-employer workplace rules clarified for longshoring; Fall protection issues in lashing catwalks, pedestal issues, et cetera; Actively try to eliminate in current jurisdiction, that's to say go with federal jurisdiction only and excludes states from our industry as far as controls are concerned; and the elimination of Lasher accidents

Category C:

To identify the number and types of OSHA violations and recommendations on prevention of those type accident in a timely manner; To identify possible health hazards caused by diesel emissions on maritime terminals; To develop a list of ideas in accident prevention that have worked; Develop ways to standardize federal OSHA enforcement policies with regards to the maritime industry; Slowdowns and emergency stops for longshoring on container beams for the transport of personnel; Wind warning devices on cranes and container terminals; Identify the list of container top fall arrest systems to be given to OSHA to put onto their web site; The fitness of injured employees who are rehired on the job; Annotated media bank of hazards and their abatements; The clarification of the meaning of a lost workday injury and come up with a better definition of that; A concise list of all training requirements under 1917, 1918, and 1910, as applicable; A proactive role in international standards and guidelines; A method to communicate with nonunion labor employers and employees; Accident frequency by cargo type; Re-institute the fatal facts sheet; Update 1919; More funding for training.


Category A:

Subpart F lock out/tag out, control of hazardous energy sources; Ergonomics; Focused training and competent person, 306, according to 1915 standard: New employees; Leased employees sharing info; Lessons learned; Internet; and on-site vehicle maintenance, which all comes under the focused training; Electrical hazards on vessels; Support SHAC and OSHA to form a subcommittee dealing with ECAT; and the top 10 hazards that are out there in the shipyard industry

Category B:

Multi-employer worksite- contractor issues such as fall protection, scaffolding, and communication; How to sample blasting in confined spaces; Finish the SESAC proposal items; Review our charter to ensure that these things are consistent with what our charter says we should do; An inventory of best practices including near misses; The "Chet theory" -the proactive, do it up-front aspects of the work organization and the prevention aspects that would help the safety program.