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 https://www.osha.gov.

May 31, 2017

Mr. Tyler Phelan
Phillips 66
1075 W Sam Houston Parkway N, Suite 200
Houston, TX 77043

Dear Mr. Phelan:

The purpose of this letter is in response to the Letter of Interpretation Request we received on April 5, 2017. This response is to follow up on previous information you received from an E-Correspondence request you sent in on the applicability of OSHA standards to your company's "designated waterfront facility".

You have asked whether 29 CFR 1917.112 (guarding of edges in marine terminals) or another OSHA standard applies to the guarding of the edges of docks at a designated waterfront facility, i.e., a facility used solely for the bulk storage, handling and transfer of flammable, non-flammable, or combustible liquids or gases. OSHA standards do not apply to this situation. Part 1917 (marine terminals) provides that its specific requirements do not apply to such facilities - 29 CFR 1917.1(a)(1)(i). Part 1917 also provides that Part 1910 (general industry standards) do not apply to "marine terminals," with exceptions not relevant here. Since a designated waterfront facility literally falls within the category of a "marine terminal," i.e.,"... wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel ... (29 CFR 1917.2), Part 1910 standards do not apply to this situation.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our memorandums and letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. From time to time, memorandums and letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov. If you have further questions, please feel free to contact the Office of Maritime Enforcement at (202) 693-2399.





Thomas Galassi, Director
Directorate of Enforcement Programs