ARE YOU READY FOR
11/10/14?
What a Simple Read of OSHA’s
Personnel Qualification
Rules May NOT Tell You.
Overview of Presentation
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Scope of Federal Rule
Crane Operator Certification/Qualification
Certification Criteria
Operator-in-Training
Maintenance & Repair Employee Qualification
Language & Literacy
What’s Not in the Rule
Impact on State Regulations
Signalperson Qualification
Rigger Qualification
Training
Industry Concerns
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OSHA Rule Timeline 1992-2014
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1992: Advanced Notice of Proposed Rulemaking
2000-2002: Subpart N Work Group Meets
2002: OSHA announces intent to use Negotiated Rulemaking
2003, July: First CDAC Meeting
2004, July: Final CDAC Meeting
2004, October: ACCSH Supports C-DAC Consensus Document
2006, October: SBARP Report Submitted
2008, Office of Management & Budget Review Finalized
2008, October: Proposed Rule Published
2009, March: Public Hearings held at Department of Labor
2009, June: Final Submission of Written Comments
2010, August 9: Final Rule Published
2010, November 8: Effective Date
2014, November 10: Four-Year Phase-In for Operators Expires
Federal Proposed Rule (CDAC)
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1926.1400
1926.1401
1926.1402
1926.1403-1406
1926.1407-1411
1926.1412
1926.1413-1414
1926.1415-16
1926.1417-1418
1926.1419-22
1926.1423
1926.1424
1926.1425
1926.1426
Scope
Definitions
Ground Conditions
Assembly/Disassembly
Power Line Safety
Inspections
Wire Rope
Safety Devices/Operational Aids
Operation
Signals
Fall Protection
Work Area Control
Keeping Clear of the Load
Free Fall and Controlled Load Lowering
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1926.1427-1430 Qualifications and Training of Operators, Signal
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1926.1431
1926.1432
1926.1433
1926.1434
1926.1435-1442
Persons, Maintenance & Repair Employees
Hoisting Personnel
Multiple Crane Lifts
Design, Construction and Testing
Equipment Modifications
Tower Cranes, Derricks, Floating Cranes, Overhead Cranes, Pile Drivers,
Sideboom Cranes, Equipment </=2,000lbs capacity, Severability
Scope of Federal Rule
• Cranes and Derricks in Construction
– OSHA Letters of Interpretation
• Construction vs. Maintenance
• Operator Certification/Qualification
– More than 2000 lbs. of maximum rated lifting capacity
– Excluded: Derricks, Sideboom cranes, Other Partial
• Cranes Covered
– OSHA 1926.1400: Scope
– Various Exclusions
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Exclusion Examples
• Excavators, Backhoes, Power Shovels
– Including use with chains, slings, and other rigging
• Aerial Work Platforms
• Forklifts
– Except when equipped with winch or hook
• Overhead Cranes
– Permanently installed
• Digger Derricks
– Work related to poles carrying electric and
telecommunication lines
• Articulating Cranes
– Depends on application
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Crane Operator Certification/
Qualification Requirements*
• OPTION 1:
OSHA 1926.1427
– Accredited testing organization
• OPTION 2:
– Audited employer qualification program
• OPTION 3:
– U.S. military
• OPTION 4:
– Licensing by a government entity
*Deadline to meet requirements: November 10, 2014
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Option 3: U.S. Military
• Applies only to employees of the U.S.
Military
• An employee of the U.S. Military IS
– A Federal employee of the Department of
Defense or Armed Forces
• An employee of the U.S. Military IS NOT
– An employee of a private contractor
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Qualification Through Certification
• Testing Organization (Option 1)
– Accredited (e.g. NCCA or ANSI)
– Administers Written and Practical Tests
• Assess knowledge and skills
• Provide different levels of certification based on
equipment capacity and type
– Retesting and Recertification Procedures
– Accreditation reviewed at least every three years
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Features of Certification
• An operator will be deemed qualified if
[(s)he] is certified for that type and capacity
of equipment
• If none available then certified for the
type/capacity that is most similar
• Portable
• Valid for five (5) years
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Audited Employer Program (Option 2)
• Tests developed by an ATO or approved
• Auditor (not an employee) certified by an ATO
• Approval based on:
– Written and practical tests meet nationally
recognized development criteria
– Tests are valid and reliable
– Audit meets nationally recognized audit standards
– Requalification provision
• Audit covers test administration also
• Conducted within 3 months, and every 3 years
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Audited Employer Program
• Deficiencies
– No operator to be qualified until corrected
– Auditor files report with OSHA Regional Office within 15
days
– Program re-audited with 180 days of correction
• Audit Records
– Maintained by Auditor for 3 years
– Available to OSHA on request
• Qualification not portable
• Valid for five (5) years
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Certification Criteria
1926.1427(j)
• OPTION 1:
Accredited testing
organization
• OPTION 2:
Audited employer
qualification
program
• OPTION 3:
U.S. military
• OPTION 4:
Government entity
license
• Knowledge (Written Test)
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Controls/performance characteristics
Calculate load chart capacity
Preventing power line contact
Ground support
Read and locate info in operating manual
Appendix C subjects
1926.1430(c)(4)
• Skills (Practical Test)
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Shift Inspection criteria
Operational skills
Application of load chart information
Safe shut-down and securing procedures
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Presentation Title
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OSHA’s Options Matrix
1926.1427 (b)-(e)
Portable
Valid
Accredited testing
organization
YES
5 years
Audited employer
qualification program
NO
5 years
US Military license
NO
Government entity
license
NO
Valid only in
entity’s
jurisdiction
Set by issuing
entity
Set by issuing
entity, not > 5
years
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Operator-in-Training
• Employer must provide “sufficient training”
• Tasks limited to the operator’s ability
• Exclude certain activities (e.g. close to powerlines,
hoisting personnel)
• Must be continuously monitored by an operator’s
trainer
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Operator’s Trainer
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Not an employee or agent of the employer
Certified operator or at least passed written tests
Familiar with the crane controls
Has no other distracting tasks
In direct line of sight
Communication (verbally or via hand signals)
Short hourly breaks permitted (up to 15 mins)
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Maintenance & Repair Employee
Qualifications
1926.1429
• Operation of equipment limited to functions
necessary to perform their work
• Requires one of the following:
– Direct supervision by certified/qualified operator
– Individual is familiar with operation, limitation,
characteristics and hazards associated with the type of
equipment
• Must be a qualified person
• Effective Date: November 8, 2010
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Language and Literacy
1926.1427 (h)
• Verbal (oral) tests may be administered to the
operator. However the candidate…
– Must pass a written demonstration of literacy relevant
to work
– Demonstrate the ability to use written manufacturer
procedures (operator manuals)
• Tests may be administered in any language the
operator understands. However...
– Certification card must note the language
– Operator must be furnished with operators manuals
and load charts in the same language
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Absent From Rule
• Physical Requirements
– Vary too widely
– Not a factor in crane accidents
– Difficulty in educating physicians
• Substance Abuse Testing
– Potential undermining of employer programs
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Crane Operator Training
• Transitional Period – 1926.1430(c)(2)
– During the four-year phase in, employers must train and
evaluate employees who have not yet been
certified/qualified
• Exempted Crane Operators – 1926.1430(c)(3)
– ALL crane operators must be trained on the safe
operation on the equipment the operator will be using
• Specific Training – 1926.1430(c)(4)
– On friction equipment, testing the boom hoist brake
– Manufacturer’s emergency procedures for halting
unintended equipments movement
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Impact on State Requirements
• 17 states currently have operator
certification and/or licensing requirements
– Must meet or exceed OSHA
• State Plan States must be “at least as effective”
• Non-State Plan States must meet “Federal Floor”
– Biggest difference is in exclusions
– May retain stricter requirements
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Impact on State Requirements
ME
WA
MT
ND
VT
MN
OR**
WI
SD
ID
MI
WY
UT
PA
IA
NE
NV
IL
CO
NH
MA
CT
NY
KS
IN
MO
OH
MD
WV
RI
NJ
DE
VA
KY
CA
NC
TN
OK
NM
AZ
SC
AR
MS
AL
GA
LA
TX
FL
AK
██ : Recognize or require CCO Certification by law
HI
██ : CCO Certification not recognized in legislation
██ : Licensing not required
**Mandatory Training Requirement Only
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Going Above and Beyond
• Washington State
– Experience Requirement, Rigger Qualifications
• Maryland
– Rigger Training Requirement; Rigger Levels
• California
– General Industry
• Philadelphia
– Certified Signalperson and Riggers
• New York City
– Experience Requirement
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Signal Person Requirements
1926.1419(a)
• All workers who will participate in signaling
or flagging a crane, giving direction as to
where and what will be lifted, must be
qualified
– Point of operation not in full view of operator
– View of direction of travel is obstructed
– Site-specific safety conditions
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Signal Person Qualifications
1926.1428(a)
• OPTION 1:
– Third Party qualified evaluator
• Portable
• Documentation required
– Certification meets this requirement
• OPTION 2:
– Employer’s qualified evaluator
• Non-Portable
• Documentation required
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Qualified Evaluator
1926.1401
• Qualified Evaluator (third party)
– An entity that, due to its independence and expertise,
has demonstrated that it is competent in accurately
assessing whether individuals meet the Qualification
Requirements in this subpart for a signal person.
• Qualified Evaluator (not a third party)
– A person employed by the signal person’s employer
who has demonstrated that he/she is competent in
accurately assessing whether individuals meet the
Qualification Requirements in this subpart for a signal
person.
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Third-Party Qualified Evaluator
1926.1401
• 2 Letters of Interpretation:
– Can apprenticeship training programs serve as a
qualified evaluator?
– Ironworker Apprenticeship Certification Program
– Carpenters International Training Fund
– “labor-management joint apprenticeship training
programs that train and assess signal persons would
typically meet the definition for a third-party qualified
evaluator.” [75 Federal Register 48029, Aug. 9, 2010]
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Qualification Requirements
1926.1428(c)
• Know and understand types of signals
• Be competent in application of types of signals
• Basic understanding of equipment operations and
limitations, swinging and stopping loads, boom deflection
• Understand general requirements in OSHA
• Oral or written test
• Practical test
• Documentation must include which type of signaling the
signal person is qualified
• Effective Date: November 8, 2010
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Signaling Requirements
• Method of signals must be agreed upon
– Hand, voice, radio, audible, special signals
• Anyone can give a stop or emergency signal
• For voice signals, must be through a
dedicated channel
• Operator, signal person and lift director (if
there is one) must be able to communicate
in the language used.
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Rigger Qualifications
• 1926.1401: Definitions: A qualified rigger is
defined as a qualified person
– Qualified Person: a person who, by possession of a
recognized degree, certificate, or professional standing,
or who by extensive knowledge, training and experience,
successfully demonstrated the ability to solve/resolve
problems relating to the subject matter, the work, or the
project.
• A qualified rigger is required for certain conditions
– During assembly/disassembly
– Employees within the “fall zone” (1926.1401)
• Effective Date: November 8, 2010
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Other Personnel
• Lift Director
– Mentioned 3 times (1926.1419, 1421, 1432)
– No official definition in Subpart CC
• Crane Inspectors
– Competent Person
– Qualified Person
– Required qualification is dependent upon type of
inspection
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Letters of Interpretation
• A least 8 letters of interpretation issued for
Subpart CC
• Examples:
– Letter clarifying when forklifts with boom
attachments are covered (June 21, 2012)
– Letter clarifying when operator certification
requirements apply to mechanics, inspectors or
testers performing inspections or
assembly/disassembly (March 13, 2012)
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Training Requirements
• Who must be trained?
– 1926.1430(d)
• The employer must train each competent and qualified person
applicable to their role
• Who are Competent and Qualified persons?
– Operators, Signal persons, Riggers, Maintenance and
Repair employees, Inspectors, A/D directors
• How is this verified?
– 1926.1430(g)(1)
• The employer must EVALUATE each employee required to be
trained under this subpart to confirm that the employee
understands the information provided in the training.
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Certification/Training Costs
• Who pays for the certification?
– 1926.1427(a)(4)
• Whenever operator qualification or certification is
required, the employer must provide the
qualification or certification at no cost to operators
who are employed by the employer.
• Who pays for the training?
– 1926.1430(g)(3)
• Whenever training is required, the employer must
provide the training at no cost to the employee.
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Industry Concerns
American Public Power Association
American Wind Energy Association
Associated Builders and Contractors
Associated Equipment Distributors
Associated General Contractors
Association of Equipment Manufacturers
Brick Industry Association
Building and Construction Trades Dept.
AFL-CIO
CPWR Center for Construction Workforce
and Training
Edison Electric Institute
General Electric Corporation
House of Representatives Education and
Workforce Committee
House of Representatives Small Business
Committee
International Union of Operating Engineers
Ironworkers International
Manitowoc Cranes
National Association of Home Builders
National Electric Contractors Association
National Propane Gas Association
National Rural Electric Cooperatives Association
NBIS
Small Business Administration
Specialized Carriers & Rigging Association
Steel Erectors Association of America
TAUC The Association of Union Constructors
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Industry Concerns
• Certification based on “type and capacity”
– Fiscal impact
– Equipment availability
– Additional testing
• Status of Operators Certified prior to publication of
the Rule AND any interpretations
• Requirements for Recertification
• Change in Employer’s Responsibilities
– Role of certification
• “Compliance Clock” is Running
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Are You Ready?
11.10.14
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Resources
• www.osha.gov/cranes-derricks/index.html
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Small Entity Compliance Guide
Fact Sheets (5)
OSHA PowerPoint Presentation
Frequently Asked Questions (rev. May 10, 2012)
Letters of Interpretation
Final Rule documents (especially the Preamble)
Compliance Directive (in preparation)
• http://www.nccco.org/training/OSHARuleResources.html
• www.nccco.org
Matthew Shaw, mshaw@nccco.org 703/560-2391 ext. 210
Graham Brent, gbrent@nccco.org or 703/560-2391 ext. 205
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