TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

REGISTRAR'S NOTICE: The following regulations are exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The Safety and Health Codes Board will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Final Regulation

Titles of Regulations: 16VAC25-120. Federal Identical Marine Terminals Standards (amending 16VAC25-120-1917.71).

16VAC25-130. Federal Identical Longshoring Standards for Hazard Communications (amending 16VAC25-130-1918.85).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: July 15, 2009.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

Federal OSHA revised the Marine Terminals Standard and related sections of the Longshoring Standard by issuing new provisions in the Marine Terminals Standard (29 CFR Part 1917) to regulate the use of Vertical Tandem Lifts (VTLs). The Longshoring Standard (29 CFR Part 1918) incorporates those requirements by reference. The new requirements are related to the practice of a container crane lifting two intermodal containers together, one on top of the other, connected by semiautomatic twistlocks (SATLs). This practice is known as a vertical tandem lift. SATLs were designed to connect and secure intermodal containers that are stowed on the deck of a vessel. The final standard permits VTLs of no more than two empty containers provided certain safeguards are followed.

The amendments include (i) additional provisions limiting the type of crane that may be used in VTLs, requiring a prelift, prohibiting handling containers below deck as a VTL, limiting VTL operations in windy conditions, and prohibiting VTLs of platform containers; (ii) new requirements for employee training and the safe ground transport of vertically coupled containers; and (iii) specifications on the strength of interbox connectors used in VTLs.

Note on Incorporation by Reference:

Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1917, Marine Terminals Standards, and 29 CFR Part 1918, Longshoring Standards for Hazard Communications, are declared documents generally available to the public and appropriate for incorporation by reference. For this reason the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action:

On April 16, 2009, the Safety and Health Codes Board adopted federal OSHA’s revisions to its final rule on Longshoring and Marine Terminals; Vertical Tandem Lifts, 29 CFR 1917.71 and 1918.85, Public Sector Only, as it appeared in 73 FR 75245 on December 12, 2008, with an effective date of July 15, 2009.

Federal Terms and State Equivalents:

When the regulations, as set forth in the final rule for Longshoring and Marine Terminals; Vertical Tandem Lifts, 29 CFR 1917.71 and 1918.85, Public Sector Only, are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows:

Federal Terms	VOSH Equivalent
29 CFR	VOSH Standard
Assistant Secretary	Commissioner of Labor and Industry
Agency	Department
April 9, 2009	July 15, 2009

VA.R. Doc. No. R09-1943; Filed May 12, 2009, 10:15 a.m.