Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 3220 SEPTEMBER 2016 • FOGHORN LEGISLATIVEREPORT gplink.com Put Your Fleet at Your Fingertips gplink_halfpage.indd 1 1/14/2015 3:37:02 PM harm to his employees” and has a duty to “comply with occupational safety and health standards promulgated [under the law].” Thus, as a general rule, every company that is a member of PVA is potentially subject to the OSH Act and may have to interact with the federal Occupational Safety and Health Administration (or its state equiva- lent). To the extent that a PVAcompany employs workers who are not members of vessel crews, those employees may benefit from protections afforded by the OSH Act. It’s important to keep in mind that OSHA has the authority to regulate workplace safety for shoreside workers, even though there are con- straints on the agency when it comes to vessel employees. OSHA on Inspected Vessels Simply put, OSHA has no legal ju- risdiction to regulate workplace safety on a Coast Guard-inspected passenger vessel. OSHA personnel have no authority to issue a citation for alleged violations or deficiencies. OSHA’s authorizing statute states bluntly: “Nothing in this chapter shall apply to working conditions of employees with respect to which other Federal agencies … exercise statutory authority to prescribe or enforce standards or regulations affecting oc- cupational safety and health.” In the case of a Coast Guard-inspected vessel, the U.S. Coast Guard has exercised statutory authority to prescribe and enforce standards affecting occupa- tional safety and health. Because Coast Guard regulation “occupies the field,” the Occupational Safety and HealthAct grants no such authority to OSHA. In a U.S. Supreme Court case in 2002 (Chao v. Mallard Bay Drilling, Inc.), the justices came to the same conclusion in an 8-0 decision. Justice Stevens wrote the court’s decision and stated, “The parties do not dispute that OSHA’s regulations have been pre-empted with respect to inspected vessels, because the Coast Guard has broad statutory authority to regulate the oc- cupational health and safety of workers aboard inspected vessels … and it has exercised that authority.” In 1983, the Coast Guard and OSHA exercised a Memorandum of Understanding delineating how the two agencies’ jurisdictions related to