Lockout rules for maintenance aboard fishing vessels

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 9, 1994

Mr. Frank A. White
McDermott, Will & Emery
[Recipient address omitted]
Dear Mr. White:

Thank you for your letter of December 7, regarding a request for an opinion on the scope an application of 29 C.F.R. 1910.147, OSHA's standard governing the Control of Hazardous Energy Sources (Lockout/Tagout), to the maintenance of equipment on board fishing vessels which are subject to 46 C.F.R. Part 28.

OSHA's Lockout/Tagout standard is not applicable to maritime employment per 29 C.F.R. 1910.147(a)(ii)(A). It is our position that 29 C.F.R. Part 1915, Standards for Shipyard Employment, apply to the maintenance of equipment on board all commercial vessels. Section 1915.2(a) specifies that, "except where otherwise provided, the provisions of this part shall apply to all ship repairing, shipbuilding, and shipbreaking employments and related employments." Sections 1910.13(b)(1) and 1915.4(j) define "ship repair" as including the maintenance of equipment on board a vessel. Since ship repair is maritime employment (cf., 29 C.F.R. 1952.244(b) describing the term "maritime employment" in the Alaska state plan regulations), OSHA's Lockout/Tagout standard does not apply to the maintenance of equipment on board fishing vessels.

Please note that as requested, this position only addresses the coverage of OSHA's Lockout/Tagout standards to vessels, and does not address issues related to whether OSHA is preempted by the U.S. Coast Guard under Section 4(b)(1) of the OSHA Act.

We hope that this response satisfactorily clarifies your inquiry. If you have additional questions regarding this matter, please do not hesitate to contact us.

Sincerely,
Roger A. Clark
Director
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]