REGULATORY COMPLIANCE-A PARTIAL OVERVIEW
Western Ocean Enterprises, Inc
Morss Ship Restoration
P.O. BOX 3931
Westport, MA 02790-0299
Introduction: The Great American Dream: Motherhood, Home Ownership, Apple Pie, and Chevrolet. Surely museum/memorial ships fit into that category, symbolizing the great efforts to preserve freedom so that the Great American Dream can be realized.
They do not.
Museum/memorial ships are regarded as industrial enterprises, subject to all the regulations as the largest industries in the land. What was normal practice aboard ship 50 years ago, is now often both illegal and immoral.
1.0 Responsibility for Health and Safety aboard a museum ship
1.1. Operating management is responsible for the health and safety program for the museum ship workplace. For the program to work:
Top management must be genuinely committed to the program, providing both resources and staff time.
Foremen and supervisors must lead by example and enforce disciplinary policy as necessary.
Workers must participate, and stay alert for hazards at all times.
1.2. In 1994, total funding available to Historic Naval Ships averaged $368,200 per ship per year for all expenses: Staff, maintenance, insurance, electricity, advertising, etc. The health and safety program compete for funding out of the same pot.
1.3. Construction industry categories found aboard ship include, but may not be limited to:
Wrecking and demolition
2. Applicable OSHA (Occupational Safety and Health Act Regulations
2.1. In addition to named regulations, there is a "general duty clause" . This requires the employer (museum ship) to provide a workplace free from recognized safety and health hazards, not specifically covered by other OSHA standards, including the hazard of failure to have an accident and incident reduction program.
2.2.Violation of OSHA Standards Cited (10/1992-09/1994) in descending order of frequency:
o-Fire Protection, Fire Prevention Flammable and Combustible Liquids
o-General Safety and Health
1926.20 & Section Provisions 5(a) (1)
1926.28;. 95;. 100; Equipment .102
o-Records and Recordkeeping
1904.02; 1910.20; 1926.33
o-OSHA Rights Poster
o-Lead Exposure in Construction
o-Safety Training and Education
o-Medical Services and First Aid
o-Safety Belts, Lifelines and Lanyards, and Safety Nets
o-Occupational Noise Exposure and Hearing Protection
o-Gases, Mists, and Vapors
o-Permit-Required Confined Spaces
o-Process Safety Management of Hazardous Chemicals
o-Control of Hazardous Energy
o-Hazardous Waste Operations and Emergency Response
2.3. For Painting Contractors and the Steel Erection industries, there were 6854 citations of the more than 24,000 citations issued.
31.96% of citations
11.46% of citations
10.44% of citations
7.82% of citations
o-General Safety and Health,
5.8% of citations
o-Records and Record Keeping,
5.47% of citations
5.33% of citations
o-Personal Protective Equipment,
5.03% of citations
o-Safety Training and Education,
3.99% of citations
o-Safety Belts, Lifelines, etc,
3.85% of citations
o-OSHA rights Poster,
2.66% of citations
o-Medical Services and First Aid,
1.75% of citations
o-Permit-Required Confined Spaces,
0.248% of citations (17 of 6854)
0.1% (5 of 6854) of citations
2.4. The percentages show
The most likely areas that industry is likely to be deficient, and
The results when certain areas are highly publicized, such as: lead, training and education, and asbestos
Major Programmatic difficulties if your organization/museum ship has problems in areas that few others appear to have had problems.
$5,000 OSHA penalty assessed for a willful, serious violation is a waste of a scarce resource, your funds. Over 50 employees, the fine increases to a minimum of $25,000. It is not clear if part-time employees and volunteers are included in the count.
You pay the fine, and still have to pay to comply with the appropriate regulations.
2.5. Some Specifics
Pollutant and hazardous waste
Certificate of Financial Responsibility for Pollution Liability (33 CFR 130)
Administered by U.S. Coast Guard
Applicable to all waterborne craft 300 GRT and over navigating U.S. and international waters
Permanently moored museum ships exempt, unless
Transferring oil to or from ship
To be moved in navigable waters
33 CFR 130 defines scope, how to apply, financial responsibility, fees, enforcement, and service of process
$10,000 fine for each violation
Coast Guard denies movement or vessel operation in navigable waters of United States
Oil spills covered by 40 CFR 300 (Superfund)
Planning for spills
Response to oil spills
2.5.2. Confined Space Entry
Worker killed aboard Texas 2/17/89 opening and entering an empty tank before certification
At Least Two Standards apply
NFPA 306, latest edition, Control of Gas Hazards Aboard Vessels
29 CFR 1910.146, Permit-Required Confined Spaces for General Industry, and while ship is at her permanent berth. Requirements:
Facility operator evaluates workplace to determine if permit-required confined spaces exist
Employees must be informed of identified permit-required confined spaces
Operator takes necessary steps to keep employees out of permit-required confined spaces
Contractors working in facility
Operator informs contractor of existence of permit-required confined spaces
Operator informs contractor of hazardous materials/conditions existing
Operator prepares written permit-required confined space program and makes it available to employees and their representatives
Program has required specific elements
Training and education required before employee allowed to enter permit-required confined space. Each employee receives training certificate
Retraining required under specific circumstances
Rescue and Emergency Services
Provide rescue and emergency equipment
rovide rescue personnel training
Annual rescue training drill required
Comment: Owner/operator and contractor share responsibility for permit-required confined space entry program
A new confined space shipyard rule was issued on July 25, 1994, effective October 24, 1994
Rule has been in works since 1988. Average of 2 workers killed aboard ship each of last 10 years
Rule applies to all shipyard-related activities, not just work aboard ship
Rule covers, among other things
Shipyard Competent Person
Certified industrial hygienist, or Coast Guard authorized person to evaluate confined space conditions and institute appropriate measures to protect workers
Posting unsafe spaces
Safely performing cleaning, cold, and hot work
Classifying a person as a shipyard competent person
2.5.3. Asbestos (29 CFR 1926.58)
New OSHA Standard issued August 1994 with full compliance in effect July 10, 1995
Revised exposure limit (cut in half) in effect October 11, 1994.
Requirements (Among others)
Notification of workers and training
Respiratory protection, protective clothing
Regular employee medical surveillance
Asbestos removal, repair work
Requires State certified and licensed organization
Handled as hazardous waste
Packaged, shipped, and disposed of as required by this and other CFR's
Licensed hauler, licensed disposal site
2.5.4. Lead (29 CFR 1910.1025 and 1926.62)
29 CFR 1910.1025- General Industry Standard
29 CFR 1926.62- Construction Industry Standard
Effective 2 August 1993
OSHA will enforce any operations disturbing lead paint under 1926.62
Applies to any one exposed to stipulated levels of lead dust for 1 day in 1 year
Requirements (among others)
Mandatory written compliance program
Protective work practices
Available to OSHA inspectors
Methods of compliance
Medical surveillance and removal
Other protective measures: Employer provides:
Protective Clothing, including laundry and replacement
A clean workplace
Hygiene facilities, and insure compliance with basic hygiene practices
Prohibit smoking, eating, applying cosmetics in work area exposed to lead
Prohibit tobacco and food products storage in work area exposed to lead
Clean lunchroom facilities, clean of lead contamination
Employees clean-up, change clothes before entering lunchroom
Information and training
Required for all employees exposed to lead, on any day
Training provided before initial exposure
Employee rights under standard
Training repeated annually for covered employees
Warning signs required in each lead work area
Recordkeeping including l. Exposure monitoring and assessment 2. Medical surveillance and temporary removals
Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992
Almost Good News: Act does not require the identification and elimination of lead-based paint. Presence of lead-based paint does not trigger rule. Decision to identify and abate lead-based paint is the trigger.
My guess: 1926.62 requires coating I.D.: would trigger Title X, if lead-based coatings found.
Applicability: Among other things, covers public buildings: any building built before 1978, generally open to public and occupied by children, such as. . .museums.(museum ships?)
5 areas for training and certification in public buildings .
It's coming: The Final Rule was expected in October 1995, and was issued for residential structures in August 1996. Industrial structures will be much later, due to extreme industry concern and comment (which I believe has been reasonable). Public meetings are due in 1997.
2.5.5. Hazard Communication (29 CFR 1910.1200 and 1926.59)
By far the most frequent OSHA violation citation-more than three times those for scaffolding
Because definition of "hazardous chemical" in the standard is so broad, this subject MUST BE included in every employer's health and safety program.
2.5.6. OSHA Rights Poster (29 CFR 1903.02)
Goes hand-in-hand with Hazards Communication but only about 12% as many citations as Hazard Communication
Hazard Communication and OSHA Rights Poster are basic fundamentals. If ignored, they are strong indications that organization "Does not care .
3.0 Potential Toxins in Old Coatings
Lead is not the only potential toxin in old coatings, and a coating may contain several compounds of heavy metals that are considered environmentally unfriendly. In some cases the OSHA limits for airborne concentrations of dust conflict with each other.
3.1 Lead Pigments
Read lead (orange)
Lead silichromate (green)
Calcium palumbate (white)
White Lead (white)
Basic lead sulfate (white)
Basic lead silicate (white)
Litharge yellow (yellow)
Chrome Yellow (yellow and orange)
Molybdate Orange (orange and red)
3.2 Potentially Toxic Pigments That Do Not Contain Lead
Barium Chromate (yellow)
Strontium Chromate (yellow)
Zinc tetroxychromate (yellow)
Cadmium pigments (yellow, orange, and red)
Chrome greens (green)
Mercadium pigments (red and maroon)
Zinc yellow-zinc chromate- (yellow)
3.3 Some Fun Non-Metallics in Coatings, when Removing
Asbestos: sometimes used as a thickener/filler Almost zero tolerance for air-borne asbestos dust
Coal tar based materials. The dust is a carcinogen.
PCB's sometimes used as a coating plasticizer.
4.0 Thermal Decomposition Products
There are hazards when welding or burning on a previously painted/coated surface. Some examples:
Zinc galvanized, or zinc painted
Epoxy coated: thermal decomposition products are phenols, carbon monoxide and formaldehyde.
Polyurethane coated surfaces: Thermal decomposition products include cyanide and phosgene gases (choking gas)
Lead bearing paints. Even what appears to be a totally rusted surface that has been previously coated with lead will release lead bearing smoke.
Check your Material Safety Data Sheets (MSDS) for thermal decomposition products.
5.0 Other Fun EPA and OSHA Regulations
5.1 Most HNSA ships have had little involvement with either EPA or OSHA regarding lead
Clean Air Act: Sets limits on respirable dust and lead particulate matter that can travel over an owner s property line.
Clean Water Act requires permits if construction debris or waste water is to be intentionally dropped into a stream or river.
Permits are described as " difficult or impossible" to obtain. Some form of debris collection is required. Not inexpensive.
Three later, SALEM has yet to paint her hull to get away from the "Philadelphia Look" because of this requirement .
This also is now affecting the Navy Donation Requirement: to maintain the vessel in a manner so as to reflect credit on the Navy and the ship's own good name.
5.2. Volatile Organic Compounds (VOCs)
These basically are the evaporative solvents in a coating, the compounds that give a coating most of its distinctive smell.
Coatings are now manufactured under increasingly severe VOC restrictions. Our friend the Clean Air Act, again. In many cases, last year's coating is not legal this year, and this year' will not be legal next year.
Individual states are into this area big-time and are often more restrictive than the Feds
Today to comply with VOC restrictions, many coatings are required to be thinned in the field (putting the solvents back in) before application. Rules are now in process that will forbid a manufacturer from recommending thinning a product beyond the VOC limits, even if the product needs additional thinning to work.
THE GAME CONTINUES. . . BETTER LIVING THROUGH CHEMISTRY
l. Components of a Comprehensive Health and Safety Plan for Painting Contractors by Novak and Bosch Steel Structures Painting Council, Journal of Protective Coatings and Linings, March 1995
2. Potential Toxins in Old Coatings by Byrnes National Association of Corrosion Engineers, MP Materials Performance, January 1995
3. Regulation News, Steel Structures Painting Council, Journal of Protective Coatings and Linings, various issues