SUBJECT: Page Change for OSHA Instruction CPL 2.46, January 20, 1982

A. Purpose. This instruction transmits a page change to OSHA Instruction CPL 2.46.

B. Scope. This instruction applies OSHA-wide.

C. Action. Replace the first page of OSHA Instruction CPL 2.46, dated January 20, 1982 with the attached new page. File this transmittal page after the signature page of the instruction.

D. Explanation. A line was omitted from the Purpose of CPL 2.46 and this page change corrects the omission.

Thorne G. Auchter Assistant Secretary

Distribution: National, Regional and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors

OSHA INSTRUCTION CPL 2.46 CH-1 MARCH 22 1982 OFFICE OF COMPLIANCE PROGRAMMING

SUBJECT: Memorandum of Understanding Between the Occupational Safety and Health Administration and the United States Coast Guard

A. Purpose. This instruction provides national guidelines for the interpretation and implementation of the Memorandum of Understanding (MOU) between the Occupational Safety and Health Administration and the United States Coast Guard, which became effective December 7, 1980, concerning the Occupational Safety and Health of personnel working on the Outer Continental Shelf of the United States. (See Appendix A.).

B. Scope. This instruction applies OSHA-wide.

C. Action. OSHA Regional Administrations/Area Directors shall ensure that OSHA responsibilities are carried out in accordance with G. and Appendix A of this instruction. In situations that differ from the examples given in G., an attempt shall be made to apply the basic intent of the MOU as stated in F. of this instruction.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is forwarded to each State designee.

2. Explain the technical content of the change to the State designee as requested.

3. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.

4. Review policies, instructions and guidelines issued by the State to determine that this change has been communicated to State program personnel. Routine

OSHA INSTRUCTION CPL 2.46 JAN 20 1982 OFFICE OF COMPLIANCE PROGRAMMING

monitoring activities (accompanied inspections and case file reviews) shall also be used to determine if this change has been implemented by actual performance.

E. State Plan States.

1. The Outer Continental Shelf Lands Act (43 U.S.C. 1333) provides that "the subsoil and seabed of the Outer Continental Shelf" and "all devices permanently or temporarily attached to the seabed" are areas of "exclusive Federal jurisdiction." Thus, States are precluded from exercising Occupational Safety and Health jurisdiction over working conditions on these sites.

2. This exclusion does not pertain to such islands or structures which are located within the area of the territorial sea. (For State jurisdiction,see Figure 1.) However, when State plan States receive a complaint or notice of an accident, the State shall discuss the matter with the local Coast Guard District Office prior to initiating any action. In addition, any complaints or accident notices received involving worksites located on the Outer Continental Shelf (outside State jurisdiction) shall be forwarded to the local Coast Guard District Office for their action by the State.

F. Background. The "Outer Continental Shelf" as used in the Outer Continental Shelf Lands Act Amendments (P.L.95-372) September 18, 1978, means that portion of the Continental Margin lying beyond State boundaries within U.S. Federal jurisdiction.

1. The Continental Margin consists of the Continental Shelf, the Continental Slope and the Continental Rise. Bounding the Continental Margin is the land (Continent) on one side and the deep seabed on the other. (See Figure 1, page 3.)

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