Occupational Safety and Health Administration
Office of Maritime Enforcement
Washington, D.C.
GUIDANCE FOR OSHA 29 CFR PART 1919 ACCREDITED AGENCIES
- USE OF OSHA OFFICIAL CERTIFICATION FORMS -
OSHA's accreditation program for cargo gear and material handling devices pertains only
to the maritime industry and successful applicants are granted accreditation to act as an
accredited agency under 29 CFR Part 1919 (Gear Certification). Under OSHA
regulations, only certain types of vessel cargo gear and shore-based material handling
devices used in maritime operations are required to be certificated.
Cranes and derricks which are part of, or regularly placed aboard barges, other vessels, or
on wingwalls of floating drydocks, and are used to transfer materials or equipment from
or to a vessel or drydock are required to be certificated under the OSHA Shipyard
Employment regulations [ 29 CFR Section 1915.115(a)(1)]. Cranes and derricks, and
material handling devices, located at marine terminals are required to be certificated
under the OSHA Marine Terminals regulations [29 CFR Sections 1917.45 and 1917.50].
A vessel's cargo gear and certain material handling devices used in longshoring are
required to be certificated under the OSHA Longshoring regulations [29 CFR Section
1918.11] and [1918.66(a)(1)]. Under OSHA regulations, other material handling devices
used in maritime operations are not required to be certificated. Cranes and derricks which
are located at a shipbuilding/shipyard facility and are shore-based (e.g., shop cranes, yard
cranes) do not require certification. Material handling devices which are used at a marine
terminal for purposes other than the movement of cargo (e.g., overhead cranes and chain
hoists which are located in maintenance shops or cranes and derricks engaged in
construction projects) do not require certification.
There are no OSHA regulations requiring the certification of cranes, derricks, and
material handling devices used solely in general industry operations [29 CFR Part 1910],
or in construction operations [29 CFR Part 1926]. Therefore, cranes, derricks, and
material handling devices used exclusively in general industry or construction operations
are not required, under OSHA regulations, to be certificated by anyone. The owner must,
however, maintain a record of inspections. OSHA regulations only require that such
equipment be inspected during initial use and periodically thereafter by a "competent
person", or by an OSHA recognized government or private agency. There is wide latitude
in the regulations as to the definition of a "competent person." A competent person does
not have to be a disinterested third party. A competent person may be the equipment
owner's maintenance personnel or any other person the owner chooses, as long as that
person is deemed "competent."
There are two official OSHA forms used by accredited agencies in performing
certification functions which are required for maritime cargo gear and material handling
devices. As of January 1, 2009, the Form OSHA-71 (Certificate of Unit Test and/or
Examination of Crane, Derrick, or Other Material Handling Device), a certificate
notifying the owner that the piece of equipment passed the certification survey, and the
Form OSHA-72 (Notice to Owner of Deficiencies Found on Certification Survey), a
notice informing the owner of any deficiencies found during the certification survey, are
electronically generated. These official forms can legally only be used in conducting
certification surveys of material handling devices specifically required to be certificated
under OSHA regulations (i.e., the OSHA maritime employment regulations - 29 CFR
Parts 1915, 1917 and 1918). [NOTE - Prior to January 1, 2009, the Form OSHA-71 and
Form OSHA-72 were issued in "hard copy" four-part carbon and not available
electronically.]
The Form OSHA-71 and Form OSHA-72 cannot legally be used for certifications of
equipment that is not specifically required to be certificated by OSHA maritime
regulations. In such cases where the owner voluntarily requests that his equipment be
certified under 29 CFR Part 1910 or 29 CFR Part 1926 including the ANSI standards
referred to in those two parts, the accredited agency should use their own form, clearly
indicating that the certification is not mandated by OSHA regulations. The accredited
agencies' own form may be patterned after the Form OSHA-71 by; (1) deleting the
Department of Labor heading (i.e., everything above "OSHA Certificate No.") and
replacing with the agencies' letterhead; (2) deleting the references to 29 CFR Part 1917
and 1919 following paragraph section 7. "Load indicating or limiting device"; (3)
deleting "OSHA 71 Rev Feb. 2003" at the bottom of the form; and (4) if required,
inserting a paragraph stating under what standards the equipment is being inspected by
leaving a space to insert the appropriate standard (e.g., 29 CFR Sections 1910.179 or
1910.180, 29 CFR Section 1926.550, the appropriate ANSI or other national standard).
The use and intended purpose of these two official forms were reviewed and approved by
the Office of Management and Budget (OMB), Executive Office of the President, for use
by OSHA accredited agencies. Both OMB and OSHA periodically review these forms to
ensure that they are being used only for the purpose intended (i.e., to certificate only
those material handling devices used in maritime operations that are specifically required
to be certificated under OSHA regulations). This is the primary reason why the Form
OSHA-71 and Form OSHA-72 are controlled forms which are available only through this
office's on-line Maritime Crane Application program. This is also the reason why only
currently accredited agencies are allowed to electronically use these forms.
The situation may arise where the owner/employer specifically requests that cranes
working in a general industry or construction application be certificated under the
maritime regulations, because the use of these cranes is also contemplated for
longshoring activities or for use aboard vessels used in shipyard employment. In this
situation, the accredited agency may issue the Form OSHA-71 or Form OSHA-72.
However, if the owner/employer also wants the crane to be inspected for compliance with
general industry standards (29 CFR Part 1910) or construction industry standards (29
CFR Part 1926), then a supplemental report or certificate (on accredited agency
letterhead) must be issued, in addition to the Form OSHA-71 or Form OSHA-72, to
document these type of inspections. Copies of accredited agency issued supplemental
reports or certificates may be submitted with the Form OSHA-71 or Form OSHA-72,
however, this is not required.
OSHA emphasizes that the use of Form OSHA-71 or Form OSHA-72 in a manner not
legally intended (e.g., to certify a material handling device not specifically required to be
certificated) would place ones accreditation status in jeopardy. Accredited agencies are
not to infer that such equipment must be inspected or certificated by an accredited
agency. Construction and general industry owners/employers cannot dictate the use of
these government forms. An accredited agency would be remiss to issue an official
OSHA form at the erroneous insistence of an owner/employer.
In order to ensure OSHA that deficiencies noted on a Form OSHA-72 has been corrected,
the following procedure is to be used:
The surveyor or signatory authority needs to electronically open the Form OSHA-72
submitted for the equipment being certificated and check the box indicating that all
deficiencies have been corrected. Then, click on the "Issue 71" tab which will open the
Form OSHA-71 with the crane information pre-populated, then continue inputting the
required information until the form is completed.
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