(a) Application. This section applies to shipyard employment.
(1) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of subparts B, C, D and H of this part are always carried out by a Marine Chemist. Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in paragraph (c) of this section as a competent person who is limited to performing testing to the following situations:
(i) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;
(ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;
(iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and
(i) The employer shall maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or inspections which require a competent person.
(ii) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, the Director or the Assistant Secretary upon request.
(iii) The roster shall contain, as a minimum, the following:
(A) The employers' name,
(B) The designated competent person's name(s), and
(C) The date the employee was trained as a competent person.
(c) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge:
(1) Ability to understand and carry out written or oral information or instructions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists;
(3) Knowledge of the structure, location, and designation of spaces where work is done;
(4) Ability to calibrate and use testing equipment including but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;
(6) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and
(7) Ability to maintain records required by this section.
(1) When tests and inspections are performed by a competent person, Marine Chemist, or Certified Industrial Hygienist as required by any provisions of subparts B, C, D, or H of this part, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.
(2) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.
(3) The employer shall ensure that the records are available for inspection by the Assistant Secretary, Director, and employees and their representatives.
[59 FR 37856, July 25, 1994]