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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.
February 26, 1993
MEMORANDUM FOR: JAMES W. LAKE Regional Administrator FROM: ROGER A. CLARK, Director Directorate of Compliance Programs SUBJECT: Application of 29 CFR 1910.142 to Housing on Floating Fish Processors and Barges REFERENCE: (a) Memorandum for Leo Carey, Director, Office of Field Programs, from James W. Lake, RA, Region X, dated March 11, 1992
This is in response to your subject memorandum which was dated December 7, 1992.
The inclusion of the "number of persons per living space" into the draft directive concerning OSHA/Coast Guard jurisdiction over vessels was in response to reference (a), which listed areas not addressed by Coast Guard regulations where OSHA has regulations or specific hazards which Region X has traditionally enforced under the Region X LEP for Floating Seafood Processors by citing the general duty clause. Recent discussions with the U.S. Coast Guard Headquarters (MVI-4/MVP) in Washington, DC, confirm that the Coast Guard applies 46 U.S.C. Chapter 111, Section 11101 requirements for the "accommodations for seamen" to any vessel of 100 or more gross tons. The applicable definition of seamen for this requirement is, "an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel." Therefore, living spaces on fish processing vessels, including floor-space square footage and window requirements, is a matter under the cognizance of the Coast Guard.
The draft directive on OSHA/USCG jurisdiction over vessels has been modified and will not include reference to the living spaces of the vessel as an area which is enforceable by OSHA.
Consistent with longstanding policy, OSHA's Temporary Labor Camp standards contained in 29 CFR 1910.142 do not apply to marine vessels. Any hazards noted by CSHO's related to living spaces on fish processing vessels will be referred in writing to the Coast Guard.