Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Longshoring and Marine Terminals
• Section: 0
• Title: Intro to Longshoring

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1917, and 1918

[Docket No. S-025]

RIN 1218-AA56

Longshoring and Marine Terminals

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule.



SUMMARY: The Occupational Safety and Health Administration (OSHA) is revising its Safety and Health Regulations for Longshoring and those parallel sections of its Marine Terminals Standard. These rules address cargo handling and related activities conducted aboard vessels (the Longshoring Standard) and landside operations at marine terminals (the Marine Terminals Standard). The comprehensive revisions to the Longshoring Standard essentially rewrite that standard for the first time since it was adopted in 1971 under Section 6(a) of the Occupational Safety and Health Act, while the amendments being made to the Marine Terminals Standard will provide consistency with the language of the new Longshoring Standard. The changes that OSHA is making to both standards are part of OSHA's continuing efforts to reinvent its workplace regulations to keep them current with evolving work practices and to reduce inconsistencies in regulatory requirements. Although the longshoring and marine terminal rules are "vertical" standards that apply only to longshoring and marine terminal activities, OSHA has also made minor changes to some of the general industry provisions referenced within these rules. These changes, which are non-substantive, have been made to conform the general industry requirements to the terminology used in the marine cargo-handling environment.

This final document contains requirements for the testing and certification of specific types of cargo lifting appliances and associated auxiliary gear and other cargo handling equipment such as conveyors and industrial trucks; access to vessels; entry into hazardous atmospheres; working surfaces; and use of personal protective equipment. Additionally, OSHA addresses specialized longshoring operations such as containerized cargo, logging, and roll-on/roll-off (Ro-Ro) operations.

The principal hazards this rule addresses are injuries and fatalities associated with cargo lifting gear, transfer of vehicular cargo, manual cargo handling, and exposure to hazardous atmospheres. OSHA also addresses those hazards posed by more modern and sophisticated cargo handling methods, such as intermodalism.

DATES: Effective Dates: This rule becomes effective on January 21, 1998. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 21, 1998.

Compliance: Start-up dates for specific provisions are set in 1917.43(f)(3), 1917.71(f)(4), 1918.11(a)(1) and (2), 1918.24(d), (f)(1), and (g), 1918.62 (h)(5)(ii), 1918.65(d)(4) and (g), 1918.85(j)(1)(1) and (ii), 1918.86(g), and 1918.98(b)(1). However, affected parties do not have to comply with the information collection requirements in 1917.25(g) warranty of fumigated tobacco, 1917.26(d)(7) labelling of stretcher closets, 1917.50(i)(2) labelling of cargo handling gear, 1917.71(f)(4) marking of trailers, 1918.22(g) labelling gangway hazards, 1918.74(i)(1) tagging ladders, 1918.61(b)(2) labelling gear, 1918.86(g) labelling trailers, and 1918.94(b)(3) maintenance of air sampling results, until the Department of Labor publishes in the Federal Register the control numbers assigned by the Office of Management and Budget (OMB). Publication of the control numbers notifies the public that OMB has approved these information collection requirements under the Paperwork Reduction Act of 1995.

Comments: Interested parties may submit comments on the information collection requirements for this standard until September 23, 1997.

ADDRESSES: In compliance with 28 U.S.C. 2112(a), the Agency designates the Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210, as the recipient of petitions for review of the standard.

Comments on the paperwork requirements of this final rule are to be submitted to the Docket Office, Docket No. ICR97-3, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., N.W., Washington, D.C. 20210, telephone (202) 219-7894. Written comments limited to 10 pages or less in length may also be transmitted by facsimile to (202) 219- 5046.

Copies of the referenced information collection request are available for inspection and copying in the Docket Office and will be mailed immediately to persons who request copies by telephoning Vivian Allen at (202) 219-8076. For electronic copies of the final Longshoring and Marine Terminals Standards and Information Collection Request, contact OSHA's WebPage on Internet at http://www.osha.gov/ under Standards.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Liberatore, Director of the Office of Maritime Safety Standards, or Paul Rossi, Project Officer, Office of Maritime Safety Standards, Occupational Safety and Health Administration, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210, (202) 219-7234.

SUPPLEMENTARY INFORMATION: The principal author of this final rule is Paul Rossi, Directorate of Safety Standards Programs, with editorial assistance from Joseph Daddura, Michael B. Moore and Odet Shaw of the Directorate of Safety Standards Programs and Paul Bolon of the Directorate of Policy; the economic analysis was developed by Paul Bolon and Clarinda Giddings of the Directorate of Policy; and James Estep of the Office of the Solicitor provided legal assistance.

General

The preamble to the final rule on the Longshoring and Marine Terminals Standards discusses the events leading to the final rule, the Summary of the Final Economic Analysis and Regulatory Flexibility Analysis, and the rationale behind the specific provisions set forth in the final Standard. The discussion follows this outline:

I. Background

II. Pertinent Legal Authority

III. Review of General Industry Standards for Applicability to Longshoring Operations

IV. Summary and Explanation of the Final Rule

V. Other Issues

VI. Summary of the Final Economic Analysis and Regulatory Flexibility Analysis

VII. Environmental Impact

VIII. Recordkeeping and Paperwork Requirements

IX. State Plan Requirements

X. Federalism

XI. Unfunded Mandates

[62 FR 40142, July 25,1997]


Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents