McDermott, Inc./Gates Construction Co., Inc. inspection workers considered as seamen

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

March 18, 1993

MEMORANDUM FOR: JOHN B. MILES
Regional Administrator

THROUGH: ROGER A. CLARK, Director
Directorate of Compliance Programs
ROY F. GURNHAM, Director
Office of Construction and Maritime
Compliance Assistance

FROM: JOSEPH NOLAN, Chief
Division of Maritime Compliance Assistance

SUBJECT: McDermott, Inc./Gates Construction Co., Inc. OSHRC #s 91-3421, 92-0216 Insp. #s 100993179, 100993153

This interpretation is in response to the memorandum of David L. Baskin to Mark Lerner, OSH Division, NSOL dated March 10, 1993, regarding the subject consolidated case.
After discussing the jurisdictional matters involved in this case with NSOL (M. Lerner) and U.S. Coast Guard Headquarters (LCDR C. Barker, G-M19) we are of the opinion that the workers in question on McDermott Lay Barge 29 (an "inspected" pipe laying barge) are considered seamen for the following reasons:

The employees had a more or less permanent connection with the vessel which was established by their berthing and messing onboard the vessel and, therefore, they are not considered to be land-based maritime workers.
The employees contributed to the function of the vessel and to the accomplishment of its mission which was to lay pipe.

Therefore, the 1983 Memorandum of Understanding between OSHA and the U.S. Coast Guard concerning the authority to prescribe and enforce standards or regulations affecting the occupational safety and health of seamen aboard vessels inspected and certificated by the U.S. Coast Guard is applicable to the subject barge workers.