scope:

Scope and Applicability

a. Navy Civilian and Military Personnel and Operations Worldwide

(1) The provisions of this instruction apply to all Navy civilian and military personnel and operations worldwide except where responsibility rests with the Commandant of the Marine Corps and for those afloat personnel falling under the requirements of reference (d).

(2) The provisions of this instruction apply to all Navy civilian and military personnel onboard United States Naval Ships (USNS) of the Military Sealift Command (MSC) manned by Federal civil service mariners and military personnel. Due to the manning complexities for MSC ships, there may be some administrative procedures that will need to be tailored in the MSC Safety Management System (SMS) for MSC ship applications. MSC SMS complies with International Maritime Organization (IMO) International Safety Management (ISM) code requirements.

b. Military-Unique Equipment, Systems, Operations, or Workplaces.

Per reference (a), the Navy must apply U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) and other non-Department of Defense regulatory safety and health standards to military-unique equipment, systems, operations, or workplaces, in whole or in part, as practicable. When military design, specifications, or deployment requirements render compliance with existing occupational safety and health standards infeasible or inappropriate, or when no standard exists for such military application, Navy commands, units, and activities must publish and apply risk management procedures. The results of the risk management decision must be communicated to all affected personnel. The Navy must develop, publish, and follow special military occupational safety and health standards, rules, or regulations which protect personnel from hazardous exposures due to military-unique equipment, systems, operations, or workplaces.

c. Navy Contractors

(1) The provisions of this instruction do not apply to Navy contractors, except for the following:

(a) Situations in which the United States, by admiralty law or other law, is responsible for contractor employee injury compensation; and

(b) Situations where the Navy exercises statutory authority for occupational safety and health and, as a result, the Occupational Safety and Health Act does not directly apply.

(2) Where the occupational safety and health of the contractor's employees are affected, the contractor is responsible directly to the DOL's OSHA or appropriate state office where OSHA has approved a state plan.

d. Collective Bargaining Agreements.

Regional commanders and commanding officers must apply this instruction consistently with the provisions of reference (e), other provisions of law providing for collective bargaining agreements and procedures, and any agreements entered into under such provisions. They must determine matters of official leave for employee representatives involved in activities under this instruction by the procedures of reference (e) or applicable collective bargaining agreements.

e. Naval Nuclear Propulsion Plant Activities.

These activities are part of the overall Navy SMS. Under the statutory authority of the Atomic Energy Act of 1954, section 309(a) of the Department of Energy Organization Act, and E.O. 12344 of 1 February 1982, (statutorily prescribed by Public Laws 98-525 and 106-65), the Office of the Chief of Naval Operations Director of Naval Nuclear Propulsion Program (CNO (N00N)) is responsible for the safety of reactors and associated naval nuclear propulsion plants, and the control of radiation and radioactivity associated with naval nuclear propulsion plant activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operations, and the general public.

f. Explosives Safety.

This is part of the overall Navy SMS. By the authority of section 172 of title 10, United States Code (U.S.C.), explosives safety is exempt from the occupational safety and health requirements of this instruction. However, this instruction does apply to occupational safety and health and risk management issues in explosives and ordnance areas (e.g., the evaluation of exposure to hazardous materials, noise, machine guarding, etc.).