We have long taken the position that OSHA regulations were applicable to fishing vessels as well as tugs. These vessels are uninspected and as such were not regulated by the Coast Guard regarding occupational and Safety Act states:
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 occupational safety and health.
The two agencies agreed in a Memorandum of Understanding (MOU) published in the Federal Register, Vol 48, No. 54, March 18, 1983 at page 11550 that the Coast Guard is the dominant federal agency with the statutory authority to prescribe and enforce standards or regulations affecting the occupational safety and health aboard vessels inspected and certificated by them.
A review of the new regulations contained in 46 CFR 28 indicates that only one class of vessels, the processors, will be "inspected." In the case of processors, they will be inspected by a third party approved by the Coast Guard (46 CFR 28.710). These organizations or individuals will issue a "certificate of compliance", not a certificate of inspection. Thus none of these vessels will fall under the MOU mentioned above.
The fact that they do not fall under the MOU does not mean that the Coast Guard has not preempted OSHA. This is still open question as OSHA and the Coast Guard work together to issue a new MOU which will address which agency has jurisdiction. High level sources in the Coast Guard indicate that one of the possible arrangements would be to leave the processors under OSHA jurisdiction and the Coast Guard would have jurisdiction over the more traditional seagoing personnel.