OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

June 21, 1984

MEMORANDUM FOR:     GILBERT J. SAULTER, Regional Administrator
                    Region VI

FROM:               JOHN B. MILES, JR., Director 
                    Directorate of Field Operations

SUBJECT:            Interpretation/Clarification of 29 CFR 1926.605(a)(1)

This will confirm the interpretation of 29 CFR 1926.605(a)(1) requested in your memorandum dated June 1, and telephoned to Mr. Lyndell Hughes of your staff on June 8.

STD 3-13.2 states "Construction employers engaged in marine construction operations are subject aid the construction standards. Cranes and lifting devices used to move construction materials from shore to barge or form barge to construction site are not required to be certificated." 29 CFR 1926.605(a)(1) applies to "material handling" operations in "longshoring operations" as defined in 1926.605(a)(1). Therefore a barge at the construction site where materials are moved from the barge to the breakwater construction site, is considered part of the construction process and the requirement for crane certification does not apply.