§ 1910.16 Longshoring and marine terminals.

(a) Safety and health standards for longshoring.

(1) Part 1918 of this chapter shall apply exclusively, according to the provisions thereof, to all employment of every employee engaged in longshoring operations or related employment aboard any vessel. All cargo transfer accomplished with the use of shore-based material handling devices shall be governed by part 1917 of this chapter.

(2) Part 1910 does not apply to longshoring operations except for the following provisions:

(i) Access to employee exposure and medical records. Subpart Z, § 1910.1020;

(ii) Commercial diving operations. Subpart T;

(iii) Electrical. Subpart S when shore-based electrical installations provide power for use aboard vessels;

(iv) Hazard communication. Subpart Z, § 1910.1200;

(v) Ionizing radiation. Subpart Z, § 1910.1096;

(vi) Noise. Subpart G, § 1910.95;

(vii) Nonionizing radiation. Subpart G, § 1910.97;

(viii) Respiratory protection. Subpart I, § 1910.134;

(ix) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following:

(A) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;^[1]

(B) Bloodborne pathogens, § 1910.1030;

(C) Carbon monoxide, § 1910.1000 (See § 1918.94 (a)); and

(D) Hydrogen sulfide, § 1910.1000 (See § 1918.94 (f)).

(x) Powered industrial truck operator training, Subpart N, § 1910.178(l).

(b) Safety and health standards for marine terminals. Part 1917 of this chapter shall apply exclusively, according to the provisions thereof, to employment within a marine terminal, except as follows:

(1) The provisions of part 1917 of this chapter do not apply to the following:

(i) Facilities used solely for the bulk storage, handling, and transfer of flammable and combustible liquids and gases.

(ii) Facilities subject to the regulations of the Office of Pipeline Safety of the Research and Special Programs Administration, Department of Transportation (49 CFR chapter I, subchapter D), to the extent such regulations apply to specific working conditions.

(iii) Fully automated bulk coal handling facilities contiguous to electrical power generating plants.

(2) Part 1910 does not apply to marine terminals except for the following:

(i) Abrasive blasting. Subpart G, § 1910.94(a);

(ii) Access to employee exposure and medical records. Subpart Z, § 1910.1020;

(iii) Commercial diving operations. Subpart T;

(iv) Electrical. Subpart S;

(v) Grain handling facilities. Subpart R, § 1910.272;

(vi) Hazard communication. Subpart Z, § 1910.1200;

(vii) Ionizing radiation. Subpart Z, § 1910.1096;

(viii) Noise. Subpart G, § 1910.95;

(ix) Nonionizing radiation. Subpart G, § 1910.97.

(x) Respiratory protection. Subpart I, § 1910.134.

(xi) Safety requirements for scaffolding. Subpart D, § 1910.28;

(xii) Servicing multi-piece and single piece rim wheels. Subpart N, § 1910.177;

(xiii) Toxic and hazardous substances. Subpart Z applies to marine cargo handling activities except for the following:

(A) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;^[2]

(B) Bloodborne pathogens, § 1910.1030;

(C) Carbon monoxide, § 1910.1000 (See § 1917.24(a)); and

(D) Hydrogen sulfide, § 1910.1000 (See § 1917.73(a)(2)); and

(xiv) Powered industrial truck operator training, subpart N, § 1910.178(l).

(c) Definitions. For purposes of this section:

(1) Longshoring operation means the loading, unloading, moving, or handling of, cargo, ship's stores, gear, etc., into, in, on, or out of any vessel;

(2) Related employment means any employment performed as an incident to or in conjunction with, longshoring operations including, but not restricted to, securing cargo, rigging, and employment as a porter, checker, or watchman; and

(3) Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for, or used as a means of, transportation on water.

(4) Marine terminal means 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 including structures which are devoted to receiving, handling, holding, consolidation and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas having their own docking facilities and located at a marine terminal nor does the term include storage facilities directly associated with those production or manufacturing areas.

[39 FR 23502, June 27, 1974, as amended at 48 FR 30908, July 5, 1983; 52 FR 36026, Sept. 25, 1987; 62 FR 40195, July 25, 1997; 63 FR 66270, Dec. 1, 1998]