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Naum Aksenov
Naum Aksenov

The Essential Guide To Vehicles And Vessels __EXCLUSIVE__

This Appendix consolidates OSHA interpretations related to longshoring and marine terminals that have been issued and remain valid, as of the date of this instruction. Interpretations previously issued by OSHA were reviewed to determine their current validity and accuracy. Interpretations for which standard references have changed, were updated to reflect the current standard reference.Additionally, OSHA conducted Outreach Seminars on the new Maritime Standards that were published as a Final Rule on July 25, 1997. This Final Rule became effective on January 21, 1998. The Outreach Seminars were conducted in most major U.S. Port areas, and included participation by labor and management representatives from the marine cargo handling industry, OSHA, State, and other Federal regulatory agencies. The questions that were frequently asked by Outreach Seminar participants, and the answers provided by OSHA representatives, are included in this Appendix.OSHA requirements are set by statute, standards and regulations. Our interpretations explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. These responses constitute 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 apprized of such developments, you can consult OSHA's web-site at .Question 1: Is it true that the 29 CFR Part 1917 standard may apply to operations beyond the outer gate of the terminal?Answer: Yes. Part 1917, the marine terminals standard, may apply to areas outside the terminal gate provided that those adjacent areas and structures are associated with the primary movement of cargo or materials from vessel to shore or shore to vessel. This includes structures which are devoted to receiving, handling, holding, consolidation, and loading or delivery of waterborne shipments or passengers. It also includes areas devoted to the maintenance of the terminal or equipment used in the terminal. Production or manufacturing areas having their own docking facilities and located at a marine terminal are excluded from coverage, as are storage facilities directly associated with those production or manufacturing areas.Question 2: Who has jurisdiction at a "Designated Waterfront Facility" for the movement of cargo, the U.S. Coast Guard or OSHA?Answer: Section 4(b)(1) of the OSH Act provides that OSHA has no authority over a working condition if another Federal agency has a regulation dealing with that working condition. Pursuant to 33 U.S.C. Section 1231, a provision of the Ports and Waterways Safety Act, the Coast Guard has promulgated regulations (33 CFR Part 126) dealing with working conditions for the loading and discharging of vessels at "designated waterfront facilities" involving the handling and storage of "dangerous cargo," "designated dangerous cargo," or "cargo of a particular hazard."Further, pursuant to this same section, the Coast Guard has promulgated regulations (33 CFR Part 154) for working conditions involving facilities capable of transferring oil or other hazardous liquids or gases, in bulk, to or from a vessel (see 29 CFR 1917.1(a)(1)(i)). If the cargo handled at the "designated waterfront facility" is of the type specified in these Coast Guard regulations (33 CFR Parts 126 and 154), then OSHA authority is preempted with respect to those hazards addressed by those regulations (e.g., fire, explosion and toxic hazards).NOTE: Before making any determination concerning these jurisdictional issues, CSHOs should consult with OSHA's National Office (Directorate of Enforcement Programs; Office of Maritime Enforcement). It is noted that OSHA is preempted only at "designated waterfront facilities" used solely for operations involving the bulk storage, handling and transfer of liquids and gases or cargo listed in 33 CFR Part 126; any other working conditions at the facility are subject to OSHA regulation (e.g., production; manufacturing; construction activities; ship repair including tank cleaning operations; movement of general cargo).Question 3: Is the foot of the gangway still the point of separation between the 1917 Marine Terminals Standard and the 1918 Longshoring Standard?Answer: The longshoring rule applies to all activities related to cargo handling aboard a vessel and the gangway is considered to be part of the vessel. Therefore, when an employee steps onto the foot of the gangway, Part 1918 applies. Ship-to-shore/shore-to-ship cargo transfer and handling operations accomplished shore-side are covered by the Marine Terminals Standard (29 CFR Part 1917).Question 4: Does the location of the crane being used to load or discharge a vessel determine which standard (Part 1917/Part 1918) applies for operations pertaining to that crane?Answer: Yes. For shore-based cranes the Marine Terminals Standard (29 CFR Part 1917) applies, including all lifting device specific aspects of such transfers. For cranes located on a vessel the Longshoring Standard (29 CFR Part 1918) applies, including all lifting device specific aspects of such transfers.Question 5: Which standard is applicable to an employee standing on top of a container aboard a ship when the employee is attached to a shore-based crane's spreader as part of a fall arrest system?Answer: As soon as the employee steps off the spreader and onto the containers, the Part 1918 standard is applicable. When the employee is on the spreader (i.e., cage or guarded riding platform), the Part 1917 standard is applicable.Question 6: Should "loci" operators be qualified under 29 CFR 1917.27 or 29 CFR 1910.178.Answer: 29 CFR 1917.1(a)(2) lists the 1910 standards that apply to marine terminals and includes [under 1917.1(a)(2)(xiv)] 29 CFR 1910.178(l), the requirements for powered industrial truck operator training. The "loci" vehicles are powered industrial trucks covered under 29 CFR 1917.43(a) which states, "Applicability. This section applies to every type of powered industrial truck used for material and equipment handling within a marine terminal." Therefore, "loci" vehicles meet the 1917 definition of powered industrial trucks and drivers must be trained according to the requirements found in 29 CFR 1910.178(l). The other standard referenced, 29 CFR 1910.178(a)(2), was not adopted into OSHA's Marine Terminal Standard under 1917.1(a)(2).Question 7: Section 1917.45(e)(2) Cranes and derricks (See also section 1917.50) states: "Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement." Are all crane hooks required to have safety latches?Answer: Section 29 CFR 1917.45(e)(2) requires that crane hooks be latched or otherwise secured to prevent accidental load disengagement. The longshoring regulations do not require safety latches on hooks for ship's gear. Section 29 CFR 1918.81(b) does, however, require handling bridles which remain attached to the hoisting gear during successive draft picks be attached by shackles or some other positive means to prevent accidental disengagement.Question 8: Section 1917.45(f)(1)(ii) Cranes and derricks (See also section 1917.50) states: "After October 3, 1984, overhead bridge and container gantry crane operating control levers shall be self-centering so that they will automatically move to the "off" position when the operator releases the control." Are all cranes required to have self centering controls that automatically move to the "off" position when the operator releases the control?Answer: Section 29 CFR 1917.45(f)(1)(ii) states: "...overhead bridge and gantry crane operating control levers shall be self centering so that they will automatically move to the off position when the operator releases the control." This requirement only applies to shore-based overhead bridge and gantry cranes involved in cargo handling operations, not all cranes.Question 9: Section 1917.50(a) Certification of marine terminal material handling devices (See also mandatory appendix I, of this part) states: "The employer shall not use any material handling device listed in paragraph (c) of this section until he has ascertained that the device has been certified, as evidenced by current and valid documents attesting to compliance with the requirements of paragraph (b) of this section." Does OSHA require cranes at construction sites to be certificated?Answer: There are no Federal OSHA regulations currently requiring the certification of cranes, derricks, or other material handling devices used solely in construction operations (covered under 29 CFR Part 1926), or used solely in general industry operations (covered under 29 CFR Part 1910). The owner must, however, maintain a record of inspections.Question 10: Section 1918.2 - Definitions states: "Fall Hazard means the following situations: (1) Whenever employees are working within three feet (.9m) of the unprotected edge of a work surface etc." What does within three feet mean? Is it the employee's center of gravity?Answer: No, the "within three feet" does not refer to the employee's center of gravity. It means that, when any part of an employee's body, including extremities, comes within three feet (.9m) of an unprotected edge, a fall hazard exists.Question 11: Prior to the changes to the longshoring standards on July 25, 1997, Section 1918.32(b) applied to working on top of containers. Does this rule still apply to container top safety?Answer: 1918.32(b) was revised to address technology and work practice changes since OSHA's original Longshoring Standard was adopted. This paragraph does not apply to employees working on top of intermodal containers, whether above or below deck, because such work is now covered by 1918.85(j), "Fall protection." Section 1918.32(b) applies when employees are working non-containerized cargo and are exposed to falls of more than eight feet (2.4 m) as defined in the term "fall hazard." The term "fall hazard" is defined in the definitions section (1918.2). It requires that the edge of the working surface be guarded by a safety net or that other means of fall protection (such as guardrails or fall arrest systems) be used to prevent employee injury.NOTE: It is essential that employers satisfy the intent of this provision and do not merely appear to comply with it. Safety nets that are rigged are often allowed to become very slack, and have in some cases been secured only at their top ends. The improper rigging of safety nets compromises or even removes the protection provided to falling employees. This paragraph distinguishes between the purpose and use of vertical safety nets, which rise at right angles at the perimeter of a work surface to prevent employees from falling, and trapeze nets, which are designed to be placed horizontally below a raised work surface to prevent falling employees from striking the surface below.Question 12: Employees often encounter fall hazards while working general cargo in the holds of Bulk Ships. When there is no feasible way to provide fall protection as required by 1918.32(b) (e.g., rig safety nets or lines), can spotters or signalmen be used to warn employees when they are approaching the edge?Answer: When there is no feasible way to rig physical barriers or provide fall protection, as required by 1918.32(b) when working non-containerized cargo (i.e., break bulk or general cargo), employers must change the operational procedure and do everything possible to minimize the hazard. Spotters may be the only feasible answer in certain situations. Employers must ensure that when using perimeter monitors (i.e., spotters), a person is to be specifically designated to perform that function, and that employees are aware of who is the designated signalman and what signal system will be used.Question 13: The covering of hatches aboard a vessel is addressed by 1918.43(j). Under what conditions can hatches aboard ship be covered by means other than hatch covers and night tents?Answer: 1918.43(j) requires that hatch covers or night tents be used to cover hatches, and that any covering that only partially covers a hatch, such as alternating hatch covers or dunnage strips, may not be covered by a tarpaulin. The reason for this prohibition is that employees could fall through the tarpaulin and partial covering. However, 1918.43(j) was changed to allow for an exception: tarpaulins may be used to cover an open or only partially covered hatch if they are used to reduce dust during bulk cargo loading and if positive means, such as barricades with placards, have been taken to ensure that employees do not walk on the tarpaulin. Verbal warnings, instructions or placards alone will not satisfy this provision.Question 14: Section 1918.51(b) General Requirements (vessel's cargo handling gear) states: "...Any gear that is found unsafe shall not be used until it is made safe." Section 1918.55(a) Cranes (forming part of a vessel's permanent equipment) states: "Cranes with a visible or known defect that affects safe operation shall not be used." Who has responsibility under 29 CFR Part 1918 for compliance affecting equipment used, but not owned by, or under the control of the employer?Answer: If equipment on a vessel or other equipment or facilities to be used by an employer, but not owned by the employer or under his/her control, does not meet the requirements of Part 1918, it is the responsibility of the employer not to permit his/her employees to utilize such equipment or facilities. While it is not the responsibility of the employer to repair defective equipment not under his/her control, it is the employer's duty to only use equipment which meets the requirements of Part 1918.Question 15: Sections 1918.55(c)(2) and 1917.45(g)(11) state: "Limit switch bypass systems shall be secured during all cargo operations. Such bypass systems shall not be used except in an emergency or during non-cargo handling situations such as stowing cranes or derricks or during maintenance and repairs." What does OSHA mean by emergency? Can you provide additional details regarding the use of bypass systems? Does readjustment of crane limit switches during cargo operations constitute using the bypass system?Answer: Emergency, in the context of marine cargo handling operations, means an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action: for example, if an employer needed to reach a seriously injured employee. It does not mean finishing loading of the ship at a specific time or any attempt to complete a cargo handling operation on schedule.1918.55(c)(2) requires that limit switch bypass systems must be secured during all cargo operations (i.e., cannot bypass the limit switch(es)). An example of a limit switch is the anti-two-blocking device. Limit switches cannot be safely bypassed during cargo operations. However, there are three specific non-cargo handling operations situations where such bypass systems may be activated: during an emergency, while performing repairs, or when stowing cranes or derricks. To provide additional safeguards, any time a limit switch is bypassed, it must be done under the direction of an officer of the vessel. Similar provisions under 1918.55(c)(2) are applicable to shore-based cranes in the final rule for marine terminals, 1917.45(g)(11).There is one unique shore-based situation, where the limit switches of cranes can be readjusted during cargo handling operations without an adverse impact on worker safety. Specifically, when a container ship with an unusually high deck load causes the upper limit switches to activate before the top tier of containers can be worked, then the limit switches can be readjusted if the margin of safety provides enough extra height to allow readjustment. While readjustment of the limit switch may be allowable under these narrow circumstances, bypassing the limit switch is not. To provide additional safeguards, readjusting limit switches may only be done under the direction of a crane mechanic. The language regarding adjustments of limit switches is in 1917.45(g)(11).Question 16: Sections 1918.62(g)(1) and 1917.42(g)(1) state: "Slings and nets or other combinations of more than one piece of synthetic webbing assembled and used as a single unit (synthetic web slings) shall not be used to hoist loads in excess of the sling's rated capacity." How is the safe working load for synthetic fiber rope slings determined? What is the minimum safety factor allowed for synthetic fiber rope and web slings?Answer: Determination of the safe working load for synthetic fiber rope slings is based on the following criteria:

The Essential Guide to Vehicles and Vessels



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