MEMORANDUM OF UNDERSTANDING
BETWEEN
UNITED STATES COAST GUARD SECTOR COLUMBIA RIVER
AND
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
NORTHWEST AREA OFFICE

1. PURPOSE

   The purpose of this Memorandum of Understanding (MOU) is to memorialize an agreement between the United States Coast Guard Sector Columbia River (hereafter “Sector Columbia River”) and the Occupational Safety and Health Administration’s (OSHA) Northwest Area Office that will set forth terms by which the Parties will cooperate and assist each other within their respective areas of responsibility and improve maritime worker safety and health. This MOU seeks to facilitate cooperation and provide a solid framework and working relationship that is unaffected by frequent billet rotations and changes-of-command. This MOU supplements existing MOUs between the United States Coast Guard (USCG) and OSHA.

2. AUTHORITIES

   The USCG has authority to enter into this MOU under the provisions of 14 U.S.C. § 701; COMDTINST 5216.18. OSHA has authority to enter into this MOU under its general statutory authority to assure safe and healthful working conditions for working men and women under the Occupational Safety and Health Act of 1970 (OSH Act). Section 4(b)(1) of the OSH Act defines the relationship between OSHA and the other federal agencies whose exercise of statutory responsibilities may affect occupational safety and health. For more information about the extent of OSHA coverage in relation to USCG regulation of working conditions on inspected and uninspected vessels, see CPL 02-01-066, OSHA Authority over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and on the Outer Continental Shelf (OCS), November 13, 2024. See also, OSHA and USCG Memorandum of Understanding Concerning their Authority to Prescribe and Enforce Standards or Regulations Affecting the Occupational Safety and Health of Seamen Aboard Vessels Inspected and Certified by the United States Coast Guard, March 8, 1983.

3. PARTIES

   The parties to this Memorandum of Understanding (MOU) are the United States Coast Guard (USCG) Sector Columbia River and United States Occupational Safety and Health Administration (OSHA) Northwest Area Office.

4. RESPONSIBILITIES
   1. Sector Columbia River
      1. Sector Columbia River will maintain continuity by providing a primary point of contact from the unit's Investigations Division (see enclosure (1)) who will be responsible for providing case details, forwarding received reports that may overlap with OSHA jurisdiction, providing details and information about unit training opportunities, and maintaining an open line of communication in applicable areas.
      2. Sector Columbia River will host a visit by OSHA to allow the OSHA team the opportunity to meet/greet all members involved in Prevention Divisions (i.e. Inspections, Waterways/Facilities) and vice versa upon request by either party.
      3. Sector Columbia River will assist OSHA’s Northwest Area Office with joint inspections, so far as is allowed by jurisdiction and requirements of the USCG Maritime Law Enforcement Manual (MLEM) and OSHA policy, consistent with MOUs, and authorized by Commandant. The point of contact will act as the liaison to other Prevention Divisions where interagency communication is necessary to facilitate proper inspections and ensure safety of the maritime community.
   2. OSHA Northwest Area Office
      1. The Northwest Area Office will provide training and resources on occupational safety and health hazards, upon request, to Sector Columbia River Collateral Duty Safety Officers (CDSOs), and Sector Columbia River Staff.
      2. The Northwest Area Office will assist Sector Columbia River CDSOs with facility safety inspections at least annually, and also upon request pending resource availability. During these Sector Columbia River facility safety inspections, OSHA will provide technical assistance and will not be conducting enforcement under the OSH Act or Executive Order 12196.
      3. The Northwest Area Office will assist in joint enforcement inspections where consistent with the MLEM, MOUs, and OSHA policy, and in accordance with Section 4(b)(1) of the OSH Act.
      4. The Northwest Area Office will make referrals to Sector Columbia River for hazardous conditions observed during inspections that the Area Office believes are covered by USCG rather than OSHA.
   3. Mutual Responsibilities

      Sector Columbia River and OSHA will provide cross training at a mutually accessible location or virtually upon request by either party. Topics covered by the training may include, but are not limited to, investigation levels of effort, marine casualty investigation requirements, and vessel inspection requirements.

5. EXCHANGE OF INFORMATION

   The parties may share, either upon request or upon the respective party's own initiative, any information or data that supports each agency's enforcement mandates, whether obtained during an inspection or through any other sources to the extent permitted by law. This may include information, reports and status updates relating to alleged violations of USCG regulations and laws enforced by OSHA. Information will only be shared after careful review and determination from the supplying agency that the information is both relevant and necessary to the recipient agency's enforcement responsibilities and that the information will be used in a manner that is compatible with the purposes for which the agency collected the records. When information is shared, each agency must comply with the terms and conditions in Section 6 of this MOU, as well as any additional terms and conditions the supplying agency may specify as to particular information shared. The parties agree that each agency may decide not to share information in response to a particular request made for information, or to limit the scope or use of information shared in response to a particular request.

6. CONFIDENTIALITY AND DISCLOSURE

   The parties will utilize appropriate methods for transferring or sharing confidential information in accordance with governing authority, including but not limited to Trade Secrets covered by section 15 of the OSH Act and 29 CFR § 1903.10; confidential employee information covered by 29 CFR §§ 1910.1020 and 1913.10 and the Privacy Act; and information covered by government informer, attorney-client, and attorney work-product privileges.

   Confidential information obtained by the agencies pursuant to this MOU is intended only for use and access by the receiving agencies for the limited official purpose of carrying out activities pursuant to any law for the protection of workplace safety and health under the MOU, or for specific law enforcement purposes. The information shall not be disclosed externally without a federal court order, a formal request from a federal oversight entity, a subpoena from a congressional committee, or the supplying agency's written authorization stating that there is no basis for withholding it, including but not limited to, the confidentiality requirements of the Privacy Act.

   If any party is subject to a public proceeding, such as a trial, in which certain records from the other agency may be used or testimony of the other agency's employees is sought, the agencies intend to provide each other advance notice.

   Should any party receive a request or subpoena that would, fairly construed, seek production of privileged information that it received pursuant to this MOU, the receiving agency shall notify and confer with the supplying agency prior to duplicating or disclosing information, and shall take other reasonable measures, including but not limited to asserting the common interest privilege, to preclude or restrict the production of such information, so that the supplying agency may file any appropriate objections or motions, or take any other appropriate steps, to preclude or condition the production of such information. No party shall have the authority to waive any applicable privilege or doctrine on behalf of the other party.

   If any party receives a Freedom of Information Act (FOIA) request for which there are responsive records that originated with the other agency, to the extent practicable, it will refer that request to the other agency for it to respond directly to the requestor regarding whether the information may be released. In such cases, the agency making the referral will notify the requestor that a referral has been made and that a response will issue directly from the other agency.

7. POINTS OF CONTACT

   See enclosure (1) for points of contact. Both parties shall review enclosure (1) at least yearly. If a party needs to update enclosure one, they should make the change to the enclosure and send the updated document to the other party. The other party should acknowledge receipt and confirm that they will use that version as the current version.

8. EFFECT OF THIS AGREEMENT

   Nothing in this Agreement is intended to conflict with current law, regulation or policy of USCG or OSHA. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. Nothing in this MOU shall be interpreted as limiting, superseding or otherwise affecting either agency's normal operations or decisions in carrying out its statutory or regulatory duties.

   This MOU is an internal government agreement. It does not create binding, enforceable obligations against either agency. It is not intended to, and does not, confer upon any private person or employer, or other entity any rights against the United States or any of its agencies or officers.

   The parties are prohibited by law from entering into indemnification agreements. However, the parties may be liable for damage to or loss of property, personal injury, or death arising from official activity to the extent provided for and in the manner prescribed by the Federal Tort Claims Act or other applicable law.

   This agreement does not constitute an actual obligation of funds between parties. The obligation of funds by the parties, resulting from this agreement are subject to the availability of funds pursuant to all applicable laws and regulations. No provision in this agreement will be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341.

   This agreement is not transferable except with the written consent of the parties and the provisions of the agreement are not legally binding on either party nor do they confer substantive rights on either party.

9. EFFECTIVE DATE

   The terms of this agreement will become effective on July 16, 2026.

10. MODIFICATION

    This MOU may be modified upon the mutual written consent of the Parties.

11. TERM OF THIS MOU; TERMINATION

    This MOU shall remain in effect for a period of 5 years from the effective date. This MOU may be renewed by a written agreement of both parties. Any party that wishes to renew this MOU will provide 60 days advance written notice to the other party. Upon 60 days written notice to the other Party, a Party may terminate this Agreement.

APPROVED BY: