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ARE YOU READY FOR 11/10/14?

ARE YOU READY FOR 11/10/14?. What a Simple Read of OSHA’s Personnel Qualification Rules May NOT Tell You. Overview of Presentation. Scope of Federal Rule Crane Operator Certification/Qualification Certification Criteria Operator-in-Training Maintenance & Repair Employee Qualification

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ARE YOU READY FOR 11/10/14?

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  1. ARE YOU READY FOR11/10/14? What a Simple Read of OSHA’s Personnel Qualification Rules May NOT Tell You.

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Crane Operator Certification/ Qualification Requirements* OSHA 1926.1427 • OPTION 1: • Accredited testing organization • OPTION 2: • Audited employer qualification program • OPTION 3: • U.S. military • OPTION 4: • Licensing by a government entity *Deadline to meet requirements: November 10, 2014

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Certification Criteria 1926.1427(j) • 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

  14. Presentation Title

  15. OSHA’s Options Matrix 1926.1427 (b)-(e) Portable Valid

  16. 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

  17. 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)

  18. Maintenance & Repair Employee Qualifications 1926.1429 • 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

  19. Language and Literacy 1926.1427 (h) • 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

  20. 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

  21. 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

  22. 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

  23. Impact on State Requirements ME WA MT ND VT MN NH OR** NY MA WI SD CT ID MI RI WY NJ PA IA OH NE MD DE NV IN IL WV UT VA CO MO KS KY CA NC TN OK SC AR NM AZ GA AL MS LA TX FL AK ██: Recognize or require CCO Certification by law ██ : CCO Certification not recognized in legislation ██ : Licensing not required **Mandatory Training Requirement Only HI 24

  24. 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 25

  25. Signal Person Requirements 1926.1419(a) • 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

  26. Signal Person Qualifications 1926.1428(a) • OPTION 1: • Third Party qualified evaluator • Portable • Documentation required • Certification meets this requirement • OPTION 2: • Employer’s qualified evaluator • Non-Portable • Documentation required

  27. Qualified Evaluator 1926.1401 • 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.

  28. 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 29

  29. Qualification Requirements 1926.1428(c) • 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

  30. 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.

  31. 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

  32. 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 33

  33. 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) 34

  34. 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.

  35. 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.

  36. Industry Concerns House of Representatives Small Business Committee International Union of Operating Engineers Ironworkers International Manitowoc Cranes National Association of Home Builders National Electric Contractors Association National Propane Gas Association National Rural Electric Cooperatives Association NBIS Small Business Administration Specialized Carriers & Rigging Association Steel Erectors Association of America TAUC The Association of Union Constructors American Public Power Association American Wind Energy Association Associated Builders and Contractors Associated Equipment Distributors Associated General Contractors Association of Equipment Manufacturers Brick Industry Association Building and Construction Trades Dept. AFL-CIO CPWR Center for Construction Workforce and Training Edison Electric Institute General Electric Corporation House of Representatives Education and Workforce Committee

  37. 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

  38. Are You Ready? 11.10.14

  39. 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

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