Policies and Regulations Affecting the Agriculture, Forestry, and Fishing Workforce - Agriculture Forestry and Fishing Research at NIOSH - page 310

compensation insurance programs or are not required to report injuries or illnesses
to OSHA. Thus, little data are available to estimate the economic losses associated
with workplace injuries and illnesses.” 7 The situation is actually more nuanced than
those statements in the evidence package suggest. California workers' compensa-
tion insurance data have been widely and successfully used for all the purposes
mentioned (Villarejo, 1997).
FISHING AND FORESTRY-INDUSTRY WORKERS
Fishermen are subject to both OSHA and FLSA laws, with some statutory ex-
emptions noted below. The entire industry is also subject to regulation under the
Commercial Fishing Industry Vessel Safety Act of 1988 (CFIVSA, 46 USC Chapter
45), the first federal safety law to address the numerous occupational hazards in
that industry. 8 The U.S. Coast Guard (USCG) has responsibility for enforcement of
the CFIVSA but only to the extent that regulations have been promulgated. USCG
has published an excellent summary of the regulations with a comprehensive list
of citations to the applicable CFR standards (U.S. Coast Guard, 2001). Maritime-
safety regulation governs dockside vessels and land-based fishermen, such as long-
shoremen and shipyard workers. 9
OSHA has jurisdiction over fishing vessels within state territorial waters where
USCG has not issued regulations. The general industry standards of the OSHA act
apply to commercial fishing vessels. 10 In addition, OSHA jurisdiction applies to
all vessels involved in longshoring operations, whether vessel to shore or vessel to
vessel. But USCG is the lead federal agency on the water: its regulations preempt
OSHA's.
The list of agencies with authority over one or another aspect of commercial
fishing activities is long. Some fishing vessels also process their catch onboard
while at sea, and this triggers regulation under the authority of the Food and Drug
Administration. The U.S. Environmental Protection Agency governs the relation-
ship between commercial fishing activities and their impact on the environment.
A knowledgeable safety professional, responsible for a large commercial fishing
operation, informed the committee that he could recall having representatives of
four agencies onboard a 120-ft fishing vessel at one time.
Because OSHA and USCG have distinct responsibilities for vessel safety under
different federal laws, separate shipboard inspections by each agency may allow
some unsafe practices to be unintentionally overlooked. For example, during a
7 Ibid, p. 68.
8 Cf. 46 CFR Part 28.
9 Cf. 29 CFR Parts 1915-1919.
10 Cf. 29 CFR Part 1910.