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Maritime Industry - Maritime Crane Accreditation and Certification Program |
Printing Instructions |
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 -
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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 a certificatory under 29 CFR Part 1919. 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 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 shore-based material handling
devices used in "Longshoring Operations" are required to be certificated under
the OSHA longshoring regulations [29 CFR Section 1918.11]. Under OSHA regulations, all
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 not directly involved with vessel transfer/movement of materials or equipment
(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, 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 [covered under 29 CFR Part 1910], or used solely in construction operations
[covered under 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 annually 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 can be the equipment owner's
maintenance personnel or any other person the owner chooses, as long as that person is
deemed "competent." Material handling devices which do not require certification
under OSHA regulations may, however, be "certified", using the certificator's
own form, at the owner's voluntary options.
There are two official OSHA forms used by accredited
persons or agencies in performing certification functions which are required for maritime
cargo gear and material handling devices: the Form OSHA-71, which is a certificate
notifying the owner that the piece of equipment passed the certification survey; and the
Form OSHA-72, which is a notice informing the owner of any deficiencies found during the
certification survey. 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).
The OSHA-71 and OSHA-72 forms cannot legally be used for
certifications of equipment that are 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 certificatory should use his own form,
clearly indicating that the certification is not mandated by OSHA regulations. The
certificatory's own form may be patterned after the Form OSHA-71 by (1) deleting the
Department of Labor heading (i.e., everything above "Certificate No.") and
replacing with company letterhead; (2) deleting the references to 29 CFR Part 1917 and
1919 in the paragraph following Item 7 (Load Indicating or Limiting Device); (3) deleting
"OSHA-71 Rev. July 1993" 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 Section 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, Executive Office of the
President, before being printed and distributed by OSHA for use by OSHA accredited
agencies. Both the Office of Management and Budget 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
from this office. This is also the reason why only currently accredited persons or
agencies are allowed to obtain and use these forms.
The situation may arise where the owner/employer
specifically requests that mobile 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. In this situation, the
certificatory may issue an OSHA-71 or OSHA-72 form. However, if the owner/employer also
wants the crane to be inspected for compliance with the general industry standards (29 CFR
Part 1910) or with the construction industry standards (29 CFR Part 1926), then a
supplemental report or certificate (on company letterhead) must be issued, in addition to
the OSHA-71 or 72 form, to document these type of inspections. Copies of company issued
supplemental reports or certificates may be forwarded with the OSHA-71 or OSHA-72 form
issued, however, this is not required.
We emphasize that the use of OSHA-71 or OSHA-72 forms in a
manner not legally intended (e.g., to "certify" a material handling device not
specifically required to be certificated by an accredited person or agency) would place
ones accreditation status in jeopardy. Accredited persons or agencies are not to infer
that such equipment must be inspected or certificated by an accredited person or agency.
Construction and general industry owners/employers cannot dictate the use of these
government forms. An accredited person or agency would be remiss to issue an official OSHA
form at the erroneous insistence of an owner/employer.
In order to assist this office in ensuring that
deficiencies noted on a n OSHA-72 ("Notice to Owner of Deficiencies Found on
Certification Survey") have been rectified, the following procedure is to be used:
- When an OSHA-72 is executed, the accredited agency shall
place an identifying certificate number in the space immediately above item "1.
Owner.".
- When the accredited agency issues an OSHA-71, certificating
the crane, derrick or other material handling device described in a previously issued
OSHA-72, the agency will insert the notation: "Refer to OSHA-72 Certificate
No. ____" in the "Certificate No." block on the OSHA-71.
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| OMCA GD 93-1 [Rev: 5/99] |
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