ARE YOU READY FOR11/10/14?

What a Simple Read of OSHA’s Personnel Qualification Rules May NOT Tell You.

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Overview of Presentation

• Scope of Federal Rule• Crane Operator Certification/Qualification• Certification Criteria• Operator-in-Training• Maintenance & Repair Employee Qualification• Language & Literacy• What’s Not in the Rule• Impact on State Regulations• Signalperson Qualification• Rigger Qualification• Training• Industry Concerns

OSHA Rule Timeline 1992-2014

• 1992: Advanced Notice of Proposed Rulemaking• 2000-2002: Subpart N Work Group Meets• 2002: OSHA announces intent to use Negotiated Rulemaking• 2003, July: First CDAC Meeting• 2004, July: Final CDAC Meeting• 2004, October: ACCSH Supports C-DAC Consensus Document• 2006, October: SBARP Report Submitted• 2008, Office of Management & Budget Review Finalized• 2008, October: Proposed Rule Published• 2009, March: Public Hearings held at Department of Labor• 2009, June: Final Submission of Written Comments• 2010, August 9: Final Rule Published• 2010, November 8: Effective Date• 2014, November 10: Four-Year Phase-In for Operators Expires

Federal Proposed Rule (CDAC)

• 1926.1400 Scope• 1926.1401 Definitions• 1926.1402 Ground Conditions• 1926.1403-1406 Assembly/Disassembly• 1926.1407-1411 Power Line Safety• 1926.1412 Inspections• 1926.1413-1414 Wire Rope• 1926.1415-16 Safety Devices/Operational Aids• 1926.1417-1418 Operation• 1926.1419-22 Signals• 1926.1423 Fall Protection• 1926.1424 Work Area Control• 1926.1425 Keeping Clear of the Load• 1926.1426 Free Fall and Controlled Load Lowering• 1926.1427-1430 Qualifications and Training of Operators, Signal

Persons, Maintenance & Repair Employees• 1926.1431 Hoisting Personnel• 1926.1432 Multiple Crane Lifts• 1926.1433 Design, Construction and Testing• 1926.1434 Equipment Modifications• 1926.1435-1442 Tower Cranes, Derricks, Floating Cranes, Overhead Cranes, Pile Drivers,

Sideboom Cranes, Equipment </=2,000lbs capacity, Severability

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Scope of Federal Rule

• Cranes and Derricks in Construction– OSHA Letters of Interpretation

• Construction vs. Maintenance

• Operator Certification/Qualification– More than 2000 lbs. of maximum rated lifting capacity– Excluded: Derricks, Sideboom cranes, Other Partial

• Cranes Covered– OSHA 1926.1400: Scope– Various Exclusions

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Exclusion Examples

• Excavators, Backhoes, Power Shovels– Including use with chains, slings, and other rigging

• Aerial Work Platforms• Forklifts

– Except when equipped with winch or hook• Overhead Cranes

– Permanently installed• Digger Derricks

– Work related to poles carrying electric and telecommunication lines

• Articulating Cranes– Depends on application

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Crane Operator Certification/ Qualification Requirements*

• OPTION 1: – Accredited testing organization

• OPTION 2:– Audited employer qualification program

• OPTION 3:– U.S. military

• OPTION 4: – Licensing by a government entity

OSHA 1926.1427

*Deadline to meet requirements: November 10, 2014

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Option 3: U.S. Military

• Applies only to employees of the U.S. Military

• An employee of the U.S. Military IS– A Federal employee of the Department of

Defense or Armed Forces• An employee of the U.S. Military IS NOT

– An employee of a private contractor

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Qualification Through Certification

• Testing Organization (Option 1)– Accredited (e.g. NCCA or ANSI)– Administers Written and Practical Tests

• Assess knowledge and skills• Provide different levels of certification based on

equipment capacity and type– Retesting and Recertification Procedures– Accreditation reviewed at least every three years

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Features of Certification

• An operator will be deemed qualified if [(s)he] is certified for that type and capacity of equipment

• If none available then certified for the type/capacity that is most similar

• Portable• Valid for five (5) years

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Audited Employer Program (Option 2)

• Tests developed by an ATO or approved• Auditor (not an employee) certified by an ATO• Approval based on:

– Written and practical tests meet nationally recognized development criteria

– Tests are valid and reliable– Audit meets nationally recognized audit standards– Requalification provision

• Audit covers test administration also• Conducted within 3 months, and every 3 years

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Audited Employer Program

• Deficiencies– No operator to be qualified until corrected– Auditor files report with OSHA Regional Office within 15

days– Program re-audited with 180 days of correction

• Audit Records– Maintained by Auditor for 3 years– Available to OSHA on request

• Qualification not portable• Valid for five (5) years

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Certification Criteria

• OPTION 1: Accredited testing

organization• OPTION 2:

Audited employer qualification program

• OPTION 3: U.S. military

• OPTION 4: Government entity license

• Knowledge (Written Test)– Controls/performance characteristics– Calculate load chart capacity– Preventing power line contact– Ground support– Read and locate info in operating manual– Appendix C subjects– 1926.1430(c)(4)

• Skills (Practical Test)– Shift Inspection criteria– Operational skills– Application of load chart information– Safe shut-down and securing procedures

1926.1427(j)

Presentation Title 15

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Accredited testing organization

YES 5 years

Audited employer qualification program

NO 5 years

US Military license NO Set by issuing entity

Government entity license

NOValid only in

entity’s jurisdiction

Set by issuing entity, not > 5

years

Portable Valid

OSHA’s Options Matrix

1926.1427 (b)-(e)

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Operator-in-Training

• Employer must provide “sufficient training”• Tasks limited to the operator’s ability• Exclude certain activities (e.g. close to powerlines,

hoisting personnel)• Must be continuously monitored by an operator’s

trainer

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Operator’s Trainer

• Not an employee or agent of the employer• Certified operator or at least passed written tests• Familiar with the crane controls• Has no other distracting tasks• In direct line of sight• Communication (verbally or via hand signals)• Short hourly breaks permitted (up to 15 mins)

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Maintenance & Repair Employee Qualifications

• Operation of equipment limited to functions necessary to perform their work

• Requires one of the following:– Direct supervision by certified/qualified operator– Individual is familiar with operation, limitation,

characteristics and hazards associated with the type of equipment

• Must be a qualified person• Effective Date: November 8, 2010

1926.1429

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Language and Literacy

• Verbal (oral) tests may be administered to the operator. However the candidate…– Must pass a written demonstration of literacy relevant

to work– Demonstrate the ability to use written manufacturer

procedures (operator manuals)• Tests may be administered in any language the

operator understands. However...– Certification card must note the language– Operator must be furnished with operators manuals

and load charts in the same language

1926.1427 (h)

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Absent From Rule

• Physical Requirements– Vary too widely– Not a factor in crane accidents– Difficulty in educating physicians

• Substance Abuse Testing– Potential undermining of employer programs

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Crane Operator Training

• Transitional Period – 1926.1430(c)(2)– During the four-year phase in, employers must train and

evaluate employees who have not yet been certified/qualified

• Exempted Crane Operators – 1926.1430(c)(3)– ALL crane operators must be trained on the safe

operation on the equipment the operator will be using• Specific Training – 1926.1430(c)(4)

– On friction equipment, testing the boom hoist brake– Manufacturer’s emergency procedures for halting

unintended equipments movement

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Impact on State Requirements

• 17 states currently have operator certification and/or licensing requirements– Must meet or exceed OSHA

• State Plan States must be “at least as effective”• Non-State Plan States must meet “Federal Floor”

– Biggest difference is in exclusions– May retain stricter requirements

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HIHI

██ : : Recognize or require CCO Certification by lawRecognize or require CCO Certification by law

██ : CCO Certification not recognized in legislation: CCO Certification not recognized in legislation

██ : Licensing not required: Licensing not required

**Mandatory Training Requirement Only**Mandatory Training Requirement Only

WAMT ND

SD

NE

KS

OK

TX

MN

CA

NV

AZ

UT

OR**

ID

WY

CO

NM

IA

MO

WI

MI

ILIN

NY

PA

OH

WV

AR

LA

MS AL GA

FL

NC

SC

TN

VA

KY

VT

NH

ME

MA

NJ

CT

RIRI

MD

AK

DEDE

Impact on State Requirements

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Going Above and Beyond

• Washington State– Experience Requirement, Rigger Qualifications

• Maryland– Rigger Training Requirement; Rigger Levels

• California– General Industry

• Philadelphia– Certified Signalperson and Riggers

• New York City– Experience Requirement

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Signal Person Requirements

• All workers who will participate in signaling or flagging a crane, giving direction as to where and what will be lifted, must be qualified– Point of operation not in full view of operator– View of direction of travel is obstructed– Site-specific safety conditions

1926.1419(a)

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Signal Person Qualifications

• OPTION 1:– Third Party qualified evaluator

• Portable• Documentation required

– Certification meets this requirement• OPTION 2:

– Employer’s qualified evaluator• Non-Portable• Documentation required

1926.1428(a)

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Qualified Evaluator

• Qualified Evaluator (third party)– An entity that, due to its independence and expertise,

has demonstrated that it is competent in accurately assessing whether individuals meet the Qualification Requirements in this subpart for a signal person.

• Qualified Evaluator (not a third party)– A person employed by the signal person’s employer

who has demonstrated that he/she is competent in accurately assessing whether individuals meet the Qualification Requirements in this subpart for a signal person.

1926.1401

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Third-Party Qualified Evaluator

• 2 Letters of Interpretation:– Can apprenticeship training programs serve as a

qualified evaluator?– Ironworker Apprenticeship Certification Program– Carpenters International Training Fund– “labor-management joint apprenticeship training

programs that train and assess signal persons would typically meet the definition for a third-party qualified evaluator.” [75 Federal Register 48029, Aug. 9, 2010]

1926.1401

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Qualification Requirements

• Know and understand types of signals• Be competent in application of types of signals• Basic understanding of equipment operations and

limitations, swinging and stopping loads, boom deflection• Understand general requirements in OSHA• Oral or written test• Practical test• Documentation must include which type of signaling the

signal person is qualified• Effective Date: November 8, 2010

1926.1428(c)

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Signaling Requirements

• Method of signals must be agreed upon– Hand, voice, radio, audible, special signals

• Anyone can give a stop or emergency signal• For voice signals, must be through a

dedicated channel• Operator, signal person and lift director (if

there is one) must be able to communicate in the language used.

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Rigger Qualifications

• 1926.1401: Definitions: A qualified rigger is defined as a qualified person– Qualified Person: a person who, by possession of a

recognized degree, certificate, or professional standing, or who by extensive knowledge, training and experience, successfully demonstrated the ability to solve/resolve problems relating to the subject matter, the work, or the project.

• A qualified rigger is required for certain conditions– During assembly/disassembly– Employees within the “fall zone” (1926.1401)

• Effective Date: November 8, 2010

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Other Personnel

• Lift Director– Mentioned 3 times (1926.1419, 1421, 1432)– No official definition in Subpart CC

• Crane Inspectors– Competent Person– Qualified Person– Required qualification is dependent upon type of

inspection

Letters of Interpretation

• A least 8 letters of interpretation issued for Subpart CC

• Examples:– Letter clarifying when forklifts with boom

attachments are covered (June 21, 2012)– Letter clarifying when operator certification

requirements apply to mechanics, inspectors or testers performing inspections or assembly/disassembly (March 13, 2012)

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Training Requirements

• Who must be trained?– 1926.1430(d)

• The employer must train each competent and qualified person applicable to their role

• Who are Competent and Qualified persons?– Operators, Signal persons, Riggers, Maintenance and

Repair employees, Inspectors, A/D directors• How is this verified?

– 1926.1430(g)(1)• The employer must EVALUATE each employee required to be

trained under this subpart to confirm that the employee understands the information provided in the training.

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Certification/Training Costs

• Who pays for the certification?– 1926.1427(a)(4)

• Whenever operator qualification or certification is required, the employer must provide the qualification or certification at no cost to operators who are employed by the employer.

• Who pays for the training?– 1926.1430(g)(3)

• Whenever training is required, the employer must provide the training at no cost to the employee.

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Industry Concerns

American Public Power AssociationAmerican Wind Energy AssociationAssociated Builders and ContractorsAssociated Equipment DistributorsAssociated General ContractorsAssociation of Equipment ManufacturersBrick Industry AssociationBuilding and Construction Trades Dept.AFL-CIOCPWR Center for Construction Workforce

and TrainingEdison Electric InstituteGeneral Electric CorporationHouse of Representatives Education and

Workforce Committee

House of Representatives Small Business Committee

International Union of Operating EngineersIronworkers InternationalManitowoc CranesNational Association of Home BuildersNational Electric Contractors AssociationNational Propane Gas AssociationNational Rural Electric Cooperatives AssociationNBISSmall Business AdministrationSpecialized Carriers & Rigging AssociationSteel Erectors Association of AmericaTAUC The Association of Union Constructors

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Industry Concerns

• Certification based on “type and capacity”– Fiscal impact– Equipment availability– Additional testing

• Status of Operators Certified prior to publication of the Rule AND any interpretations

• Requirements for Recertification• Change in Employer’s Responsibilities

– Role of certification• “Compliance Clock” is Running

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Are You Ready?

11.10.14

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Resources

• www.osha.gov/cranes-derricks/index.html – Small Entity Compliance Guide– Fact Sheets (5)– OSHA PowerPoint Presentation– Frequently Asked Questions (rev. May 10, 2012)– Letters of Interpretation– Final Rule documents (especially the Preamble)– Compliance Directive (in preparation)

• http://www.nccco.org/training/OSHARuleResources.html • www.nccco.org

Matthew Shaw, mshaw@nccco.org 703/560-2391 ext. 210 Graham Brent, gbrent@nccco.org or 703/560-2391 ext. 205