OSHA Issues Final Rule on Cranes and Derricks Operator Certification
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Cranes and Derricks in Construction: Operator Certification
A Rule by the
Publication Date:
Agencies:
Dates: This final rule will become effective
Effective Date:
Entry Type: Rule
Action: Final rule.
Document Citation: 79 FR 57785
Page: 57785 -57798 (14 pages)
CFR: 29 CFR 1926
Agency/Docket Number: Docket ID-OSHA-2007-0066
RIN: 1218-AC86
Document Number: 2014-22816
Shorter URL: https://federalregister.gov/a/2014-22816
Action
Final Rule.
Summary
DATES:
This final rule will become effective
ADDRESSES:
In accordance with 28 U.S.C. 2112(a)(2), the Agency designates
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Mr.
Technical inquiries: Mr.
Copies of this
SUPPLEMENTARY INFORMATION:
I. Background
A. Introduction
B. Summary of Economic Impact
This final rule is not economically significant.
C. Regulatory Background
1. Operator Certification Options
On
The Agency initiated a
Option 1. Certification by an independent testing organization accredited by a nationally recognized accrediting organization;
Option 2. Qualification by an employer's independently audited program;
Option 3. Qualification by the U.S. military; or
Option 4. Compliance with qualifying state or local licensing requirements.
The third-party certification option in section 1926.1427(b)--Option 1--is the only certification option that is "portable," meaning that any employer who employs an operator may rely on that operator's certification as evidence of compliance with the cranes standard's operator certification requirement. This certification option also is the only one that is available to all employers; it is the option that
Under Option 1, a third party performs testing. Before a testing organization can issue operator certifications, paragraph 1427(b)(1) of the cranes standard provides that a nationally recognized accrediting organization must accredit the testing organizations. To accredit a testing organization, the accrediting agency must determine that the testing organization meets industry-recognized criteria for written testing materials, practical examinations, test administration, grading, facilities and equipment, and personnel. The testing organization must administer written and practical tests that:
Assess the operator's knowledge and skills regarding subjects specified in the cranes standard;
provide different levels of certification based on equipment capacity and type;
have procedures to retest applicants who fail; and
have testing procedures for recertification.
Paragraph 1427(b)(2) of the cranes standard also specifies that, for the purposes of compliance with the cranes standard, an operator is deemed qualified to operate a particular piece of equipment only if the operator is certified for that type and capacity of equipment or for higher-capacity equipment of that type. It further provides that, if no testing organization offers certification examinations for a particular equipment type and/or capacity, the operator is deemed qualified to operate that equipment if the operator is certified for the type/capacity of equipment that is most similar to that equipment, and for which a certification examination is available.
2. Overview of section 1926.1427(k) (Phase-In Provision)
The final cranes standard replaced provisions in 29 CFR 1926 subpart N--Cranes, Derricks, Hoists, Elevators, and Conveyors, of the construction safety standards. Provisions for employers to ensure that operators of equipment, including cranes, are trained and qualified to safely operate that equipment are available elsewhere in the construction safety standards (see, for example, section 1926.20(b)(4) and (f)(2)).
3. Post-Final Rule Developments
After
Most of the participants in the stakeholder meetings expressed the opinion that an operator's certification by an accredited testing organization did not mean that the operator was fully competent or experienced to operate a crane safely on a construction work site. The participants likened operator certification to a new driver's license, or a beginner's permit, to drive a car. Most participants said that the operator's employer should retain the responsibility to ensure that the operator was qualified for the particular crane work assigned. Some participants wanted certification to be, or viewed to be, sufficient to operate a crane safely. Stakeholders noted that operator certification was beneficial in establishing a minimum threshold of operator knowledge and familiarity with cranes.
D. The Proposed Extension of the Operator Certification and Employer Assessment Duties
The effective dates of the operator certification requirement and the other "phase-in" employer duties are in 29 CFR 1926.1427(k)(1). By a notice of proposed rulemaking (NPRM) published
[*Federal RegisterVJ 2014-09-26]
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