OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
December 20, 1985
The Honorable Barbara A. Mikulski
Member, United States House of Representatives
1414 Fallon Federal Building
Baltimore, Maryland 21201
Dear Congresswoman Mikulski:
This is in response to your letter of October 31, on behalf of Mr. Edwin F. Hale, President of Hale Container Line, Inc. We apologize for the delay in responding to your inquiry, but thought it best to have the definitive action taken by the Philadelphia Regional Office, to correct the misunderstanding of the employer, included in our letter.
On November 26, Dan Zacconini of Congresswoman Helen D. Bentley's (Maryland) staff met with Larry Liberatore, Baltimore, Area Director, the Vice President of Edwin F. Hale Container Line, and the President of John T. Clarke, Inc. (stevedore) to discuss methods and cost of abating a hazardous condition on the barges owned by the container line. An acceptable immediate abatement method (use of life vests by stevedores) was agreed to. The container line also agreed to reassess its position on installation of railings based on the technical and cost information supplied by the area office.
On November 22, R. Dean Kinderdine of your staff met with the Area Director and Regional Administrator in Baltimore to discuss this same topic.
If you have any further concerns you wish to discuss, please feel free to contact our Regional Office in Philadelphia:
Linda Anku, Regional Administrator
Gateway Building - Suite 2100
3535 Market Street
Philadelphia, Pennsylvania 19104
Telephone: (215) 596-1201
If we can be of further assistance, please let us know.
Sincerely,
John B. Miles, Jr.,
Director
Directorate of Field Operations
October 24, 1985
Congresswoman Barbara Mikulski
1414 Fallon Federal Building
Baltimore, Maryland 21201
Dear Barbara:
On October 23rd, O.S.H.A. visited one of our vessels at Dundalk Marine Terminal and have made a demand to the stevedores that we install railings around the perimeter of my four barges. The cost for something like this is approximately $30,000.00 per barge. Needless to say, I would prefer not to spend the money, especially since as a practical matter the railings will be torn off at each loading. This is primarily due to the type of cranes that are at the marine terminals that my vessels call. Originally, some of my barges had railings. They have subsequently been torn off by the loading process employed at most state run marine terminals. If I had to install these railings, I would have to constantly repair and or replace them at most terminals on each voyage.
It seems that they are unwilling to listen to me about this problem. I would appreciate your looking into this matter for me at your earliest convenience.
Sincerely,
HALE CONTAINER LINE, INC.
Edwin F. Hale President