The Standard in Certification CIC’s Position on Crane Operator Certification by Type and Capacity December 2012—In light of ongoing discussion in the media and at industry meetings regarding questions surrounding crane operator certification requirements as outlined in the new OSHA crane rule (Subpart CC of 29 CFR 1926), Crane Institute Certification offers the following clarification of its position on the justification for certifying by type and capacity. OSHA states in 1926.1427(b)(2): An operator will be deemed qualified to operate a particular piece of equipment if the operator is certified under paragraph (b) of this section for that type and capacity of equipment or for higher-capacity equipment of that type. If no accredited testing agency offers certification examinations for a particular type and/or capacity of equipment, an operator will be deemed qualified to operate that equipment if the operator has been certified for the type/capacity that is most similar to that equipment and for which a certification examination is available. The operator's certificate must state the type/capacity of equipment for which the operator is certified. Justification for certifying by type and capacity Designating a capacity threshold is one way to distinguish between skill levels of operators. Typically, higher capacity cranes have longer booms. Longer booms require more skill to operate. A 2001 crane safety study1 acknowledges that the large variety and multiple configurations of cranes that are available increase the potential for loss of property and life. “Different types of cranes are associated with different kinds of accidents, and also varying severity.” The study implies that the larger and more complex the crane, the greater difficulty associated with operating it, citing as an example, “A crane operator controlling a 200-ton load at the end of a 180-foot latticework boom must constantly monitor a vast number of operational parameters.” Cliff Dickinson, president of the CIC Governing Committee, explains that as CIC practical exams were being created, subject matter experts determined that the best way to make a correlation between OSHA’s call for testing by “type and capacity” and assessing the skill of the operator was to devise tests centered around controlling the load. “The ability to control the load is not impacted by whether the crane is set up on crawlers or outriggers or has a telescoping boom or lattice boom. The difficulty lies in the pendulum action that occurs to the load as it is moved,” he said. The one factor that impacts ability to control the load is boom length. The idea that more skill is required to operate longer boom cranes is underscored by the fact the International Union for Phone: 770-783-9283 www.CICert.com The Standard in Certification Operating Engineers offers additional pay over scale for long boom operation. While the rates may vary by Local, one example comes from a 2011 labor agreement2: Long Boom Pay: all cranes and concrete pump & boom trucks A. Booms, 100 ft to 150 ft, fifteen cents ($.15) over scale B. Booms, 150 ft to 200 ft, thirty cents ($.30) over scale C. Booms, over 200 ft, forty-five cents ($.45) over scale In order to comply with the OSHA crane regulation while also creating a practical test that made sense for testing the skill level of the operator, CIC devised the following categories after evaluating typical boom lengths found on cranes in these capacity classes: ● Under 21 tons. Cranes in this class are typically industrial cranes, boom trucks, and some roughterrain cranes with boom lengths ranging from 10 to 38 feet. CIC tests at a 36-foot boom length. ● 21 to 75 tons. Mid-range capacities for cranes such as RTs, truck cranes, all-terrain cranes, and some crawler cranes tend to have boom lengths of 23 to 138 feet. CIC tests at a 75-foot boom length. ● Over 75 tons. The longest booms are associated with cranes rated over 75 tons, including RTs, ATs, truck cranes, and crawler cranes. “The most common are in the 100- to 200-foot range and are typically engaged in repetitive lifting applications,” said Cliff Dickinson. “However, there comes a point of diminishing return, where it is no more difficult to control a load with an extremely long boom, measuring 200 feet or more, because the application shifts from fast and repetitive to slow and carefully coordinated, where the operator no longer relies on his skill to control the load as much as simply taking signals,” he said. Every job is different and has its own set of circumstances, but an example of this might be placing a vessel in a power plant. In this category, CIC tests with boom lengths between 120 to 130 feet. Further supporting this position, the Association of Equipment Manufacturers has proposed that OSHA endorse a banding proposal of 14 groupings of cranes and capacities that should be equivalent in operating requirements for training and certification purposes. “Endorsement of these bands will allow certifying bodies to continue to certify operators and issue cards with type and capacity without needing to test on the largest crane in a band.”3 Feasibility to test by type and capacity CIC has been providing certifications by type and capacity since 2007. Its certifications are in agreement with OSHA and the process is designed to assess the skill level of the operator. Prior to issuing the final rule, OSHA conducted a feasibility study. “The Final Economic Analysis for the final cranes standard, which included all cranes, crane operations, and industry sectors subject to this direct final rule, found that the requirements of the rule were technologically and economically feasible.”4 Phone: 770-783-9283 www.CICert.com The Standard in Certification At the time the rule was issued in 2010, at least two accredited certification organizations existed which met OSHA’s requirement to test by type and capacity, allowing operators four years to become certified in compliance with the regulation. The immediate availability of programs that complied with regulation is one factor that contributed to the FEA determining that the regulation was feasible. “The standard would require employers to perform crane inspections, utilize qualified or certified crane operators, address ground conditions, maintain safe distances from power lines using the encroachment prevention precautions, and to fulfill other obligations under the standard. Compliance with all of these requirements can be achieved with readily and widely available technologies.”5 Additionally, OSHA makes allowance for instances where new technology may exceed the availability of tests and eliminates the need for operators to be tested by specific make and model. According to the OSHA FAQ, revised May 2012: “If no accredited testing agency offers certification examinations for a particular type and/or capacity of equipment, an operator is considered to be qualified to operate that equipment if the operator has been certified for the type/capacity that is most similar to that equipment and for which a certification examination is available.” 6 Neither has OSHA stated that type is equivalent to carrier or mounting style. OSHA’s definition of a crane is “power-operated equipment, when used in construction, that can hoist, lower and horizontally move a suspended load.”7 The types of cranes covered by the rule include, but are not limited to articulating cranes, crawler cranes, floating cranes, mobile cranes, service/mechanic trucks with a hoisting device, tower cranes, straddle cranes. Cost implications The implementation of a federal requirement for crane operator certification certainly has cost implications, but the question is whether the costs are unreasonable when weighed against the expected return. According to the Advisory Committee on Construction Safety and Health’s Final Economic Analysis, completed in 2008, “the agency determined that the costs of compliance would be $154.1 million, and the annual benefits would be $209.3 million, resulting in net benefits of $55.2 million. The agency also was required to provide a comprehensive breakdown of the compliance costs. It determined the additional costs would average about 0.2 percent of affected businesses’ annual revenue, which it deemed ‘effectively negligible.’”8 Other trades, including welders, commercial drivers, architects and many professions outside of construction, have long had professional requirements to demonstrate their qualifications. Additionally, employers have been paying for crane operator qualification exams through private training organizations for many years and later through a broader voluntary effort to do so within the industry. Certification is simply a cost of doing business. Even outside of OSHA’s operator certification requirement, employers bear a responsibility to make sure operators are qualified to operate a specific crane in a specific scenario. ASME B30.5 outlines responsibilities for crane owners, users, site supervisors, lift directors, and others, who must make sure that operators are “qualified to perform the tasks that will be required with the crane to which they are Phone: 770-783-9283 www.CICert.com The Standard in Certification assigned to operate.”9 And, in the OSHA FAQ, revised May 2012, industry asks and OSHA answers: “Who, besides crane operators and riggers, are affected by Subpart CC? Employers who use cranes and derricks in construction work must comply with the standard. In addition, other employers on construction sites where cranes and derricks are used are responsible for violations that expose their employees to hazards and, therefore, they need to address the requirements of the standard that may affect their employees. Crane lessors who provide operators and/or maintenance personnel with the equipment also have duties under the standard.” The idea that OSHA’s requirement to certify by type and capacity is cost-prohibitive is not justified. In a Sept. 14, 2012 newsletter published by the Specialized Carriers & Rigging Association, the group asserts: “Certification by capacity will likely require many more tests for each operator than had previously been intended by the Cranes and Derricks Negotiated Rulemaking Advisory Committee (CDAC) and anticipated by the industry with the strong likelihood of making the program cost prohibitive.”10 The number of tests necessary and their respective costs is dependent on the individual certification organization’s testing structure. Operators seeking certification through CIC only need to take one practical exam for a crane in the highest capacity rating, followed by as many written exams for the specific types of cranes he or she desires to operate. For example, an operator who is certified for a 50-ton telescoping boom crane and wants to become certified for a 200-ton telescoping crane, would need to take one additional written test costing $65 and one additional practical test, which ranges in price from $300 to $600, depending on the test provider. In addition, no additional days of training may be required. (In some rare cases, there may be an additional charge for the crane and site.) In addition, industry standard among the certification organizations makes allowances for recertification. Candidates who can document at least 1,000 hours crane-related experience during their period of certification do not need to take the practical exam to recertify, further reducing the financial impact on the individual or employer. Crane related experience is defined as: operating, maintenance, inspection, or training. Employer Responsibility Another issue that enters into the type and capacity discussion is employer responsibility. Each of the accredited certification organizations agree that certification is worthwhile but does not replace employer responsibility for determining the qualification of an operator for the job and equipment. The existence of crane operator certification does not eliminate an employer’s responsibility to maintain that an operator is qualified to operate a specific crane in a specific scenario. In the OSHA FAQ, revised May 2012, industry asks and OSHA answers: “Who, besides crane operators and riggers, are affected by Subpart CC? Employers who use cranes and derricks in construction work must comply with the standard. In addition, other employers on construction sites where cranes and derricks are used are responsible for violations that expose their employees to Phone: 770-783-9283 www.CICert.com The Standard in Certification hazards and, therefore, they need to address the requirements of the standard that may affect their employees. Crane lessors who provide operators and/or maintenance personnel with the equipment also have duties under the standard.” Furthermore, ASME B30.5 outlines responsibilities for crane owners, users, site supervisors, lift directors, and others, who must make sure that operators are “qualified to perform the tasks that will be required with the crane to which they are assigned to operate.” Conclusion Certification by type and capacity is practically and economically feasible. CIC meets OSHA’s requirements and is, and has been, prepared to offer crane operators and their employers’ viable crane operator certification, accordingly. Employers maintain control and responsibility for assigning only qualified personnel to operate and lift. Boom length is the major factor in determining the operator’s skill and ability to control the load. Sources 1 A Review of Crane Safety in the Construction Industry, copyright 2001, by Richard L. Neitzel, Noah S. Seixas, and Kyle K. Ren of the University of Washington, Department of Environmental Health, Seattle, Washington. 2 Southern Idaho Master Labor Agreement, 1/1/2009 to 12/31/2011, IUOE Local 370 3 Association of Equipment Manufacturers, Advisor Newsletter, 9/24/12 4 29 CFR Part 1926 5 29 CFR Part 1926 6 OSHA FAQ, 5/10/12 7 29 CFR Part 1926 8 Cranes & Derricks, The Prolonged Creation of a Key Public Safety Rule, Public Citizen 9 ASME B30.5 5-3.1.3.1.2 10 SC&RA Newsletter, 9/14/12 Phone: 770-783-9283 www.CICert.com