March 10, 1992
| MEMORANDUM FOR: |
FRANK STRASHEIM
Regional Administrator
|
| FROM: |
PATRICIA K. CLARK,
Director Directorate of Compliance Programs
|
| SUBJECT: |
Accreditation of Agencies in California |
This correspondence is in response to your subject memorandum dated November
27, 1991, advised us that both Region IX and Cal/OSHA are concerned that too
many agents in California are requesting initial or renewed accreditation to
certificate cargo gear under Fed/OSHA maritime rules, in order to qualify as
agents under the Cal/OSHA crane certification program. One of the provisions
that enables an agent to obtain Cal/OSHA accreditation is to be accredited by
Fed/OSHA under 29 CFR 1919 rules. Therefore, Region IX and Cal/OSHA are
concerned by this "loophole" which allows for the accreditation of agents not
meeting the more stringent Cal/OSHA requirements. You noted that this
"loophole" not only compromises the state's program, it also wastes Fed/OSHA
resources through the accreditation of agents who do not perform maritime
certification functions under 29 CFR 1919 rules.
With respect to the subject concern of Cal/OSHA, the State can propose a
supplemental change to their plan which would eliminate the "loophole" which
they take exception to in their regulations. The State is not restricted from
strengthing standards, including qualifications for agents accredited to
certificate cranes, so that a greater degree of protection is provided
workers.
You commented that there are more Fed/OSHA accredited agents than are
necessary to certificate maritime industry cargo handling devices, and that
Fed/OSHA should establish a minimum level of performance for each agency or
individual surveyor as determined by OSHA-71's and OSHA-72's received. With
respect to the number of accredited agents, please be advised that Fed/OSHA
cannot restrict or prohibit any person or agency from obtaining accreditation
if the requirements of 29 CFR 1919 are met.
On the issue of maritime certification performance, we do take into
consideration the activity level of maritime certifications performed by an
agencies/individual as part of our evaluation to determine technical
competency for both initial applicants and those seeking accreditation
renewal. The Division of Maritime Compliance maintains a database of
OSHA-71/72 activity for each agent during the last five year period. The
most recent database printout for OSHA-71/72 activity is dated October 1,
1991, and Region IX's database information is forwarded as an attachment to
this memorandum.
|
Newsletter
RSS Feeds
Print This Page
Text Size
Standard Interpretations - (Archived) Table of Contents