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OSHA 1918.11

Gear certification requirements

Subpart B

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1918.11(a), can an employer use a vessel's cargo handling gear that does not have a current cargo gear register and certificates?

No. An employer must not use the vessel's cargo handling gear until it has been ascertained that the vessel has a current and valid cargo gear register and certificates in the form and content required by the International Labor Office recommendations. See 1918.11(a) for this requirement, which explicitly requires the register and certificates to show that the cargo gear has been tested, examined, and heat treated by or under the supervision of competent persons.

Under 1918.11(a)(1) and (a)(2), when did ILO‑based annual examinations and testing become required for cargo gear?

Annual thorough examinations under ILO 152 became required after July 27, 1998, and testing under ILO 152 became required after July 16, 2001. These dates are specified in 1918.11(a)(1) and 1918.11(a)(2).

Under 1918.11(a)(3), what registers meet the 1918.11(a) requirement during the interim periods before the ILO‑152 effective dates?

During the interim periods before the ILO‑152 effective dates, vessels that have cargo gear registers and certificates according to ILO 32 are deemed to meet the requirements of 1918.11(a) as provided in 1918.11(a)(3).

Under 1918.11(b), are public vessels and vessels with a U.S. Coast Guard Certificate of Inspection automatically acceptable under 1918.11(a)?

Yes. Public vessels and vessels holding a valid Certificate of Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 are deemed to meet the requirements of [1918.11(a)]. See 1918.11(b).

Under 1918.11(c), who may make register entries and issue certificates for U.S. vessels that do not hold a U.S. Coast Guard Certificate of Inspection?

For U.S. vessels without a valid U.S. Coast Guard Certificate of Inspection, only competent persons currently accredited by the U.S. Department of Labor (OSHA) may make the register entries and issue the required certificates, for either full function vessels or loose gear and wire rope testing as appropriate. See 1918.11(c) and consult part 1919 for accreditation details.

Under 1918.11(d), who may make entries and issue cargo gear certificates for foreign‑flag vessels?

For foreign‑flag vessels, the persons or organizations that may make the required register entries and issue certificates are: those acceptable to any foreign nation; those acceptable to the Commandant of the U.S. Coast Guard; or those currently accredited by the U.S. Department of Labor (OSHA) for the appropriate testing functions. See 1918.11(d) and its subparagraphs d(1), d(2), and d(3).

Under 1918.11, how should an employer verify that a person or organization is an OSHA‑accredited competent tester or certifier?

An employer should verify accreditation by checking that the person or organization is currently accredited by the U.S. Department of Labor (OSHA) for the appropriate function (full function vessels, or loose gear and wire rope testing) as provided in part 1919. See 1918.11(c) and consult part 1919 for the scope and categories of accreditation.

Under 1918.11(a), must the cargo gear certificates show that the gear was heat treated as well as tested and examined?

Yes. 1918.11(a) requires that the cargo gear register and certificates show the cargo gear has been tested, examined, and heat treated by or under the supervision of competent persons or organizations authorized to make register entries and issue certificates.

Under 1918.11, what specific items should an employer expect to find in a vessel's cargo gear register and certificates?

The employer should expect a current and valid cargo gear register and certificates in the form and content recommended by the International Labor Office (ILO) that document: testing, thorough examinations, heat treatment where required, the dates of those activities, and identification of the competent person or organization responsible. These requirements come from 1918.11(a).

Under 1918.11, can an employer rely on a vessel's ILO‑32 register after the ILO‑152 effective dates have passed?

Not indefinitely. 1918.11(a)(3) states that ILO‑32 registers were accepted during the interim periods prior to the ILO‑152 effective dates; after the specified effective dates, ILO‑152 requirements (such as annual thorough examinations and testing) apply as set in 1918.11(a)(1) and 1918.11(a)(2).

Under 1918.11, does the standard apply to shore‑based gear or only to a 'vessel's cargo handling gear' as defined in 1918.2?

The requirement in 1918.11 applies specifically to a "vessel's cargo handling gear" as defined in 1918.2. Employers should consult the definition in 1918.2 to determine whether particular gear is a vessel's cargo handling gear or falls under other provisions.

Under 1918.11(c), if an employer cannot find an OSHA‑accredited tester locally, can a foreign‑accredited organization be used for a U.S. vessel without a COI?

No—unless the foreign organization is one that is acceptable to a foreign nation, acceptable to the Commandant of the U.S. Coast Guard, or is currently accredited by the U.S. Department of Labor (OSHA). For U.S. vessels not holding a valid Certificate of Inspection, entries and certificates must be made only by competent persons currently accredited by OSHA as required in 1918.11(c). See also the options for foreign vessels in 1918.11(d).

Under 1918.11(d)(2), what practical step should employers take to confirm that a foreign certifier is acceptable to the U.S. Coast Guard Commandant?

Employers should request written documentation or confirmation that the certifier or organization is acceptable to the Commandant of the U.S. Coast Guard, since 1918.11(d)(2) allows certifiers acceptable to the Commandant to perform the required entries and issue certificates for foreign‑flag vessels. If in doubt, contact the U.S. Coast Guard or OSHA for verification.

Under 1918.11, who can perform loose gear and wire rope testing and how is that determined?

Loose gear and wire rope testing must be performed by competent persons currently accredited by the U.S. Department of Labor (OSHA) for that specific testing function, as described in 1918.11(c) and referenced accreditation procedures in part 1919. Employers should ensure the tester's accreditation covers loose gear and wire rope testing.

Under 1918.11, if a vessel has valid certificates but gear shows visible defects, may the employer use the gear?

No. Even when valid certificates and a current register are present, an employer must not use gear that is visibly damaged or unsafe; the certificates document past tests and examinations, but safe, current condition must be ensured before use. See 1918.11(a) (certificate/register requirements) and the definition and inspection requirements for vessel cargo handling gear in 1918.51 for guidance on gear condition and inspection.

Under 1918.11, can an employer accept electronic or scanned copies of cargo gear certificates and registers?

Yes—provided the electronic or scanned copies are current, valid, authentic, and contain the form and content required by the ILO recommendations specified in 1918.11(a). The standard requires that the employer ascertain the vessel has a current and valid register and certificates; it does not prohibit electronic records as long as they reliably demonstrate compliance.

Under 1918.11, what is the role of [part 1919](https://www.osha.gov/laws-regs/regulations/standardnumber/1919) in gear certification?

Part 1919 establishes the accreditation process and criteria by which the U.S. Department of Labor (OSHA) recognizes competent persons or organizations for making register entries and issuing certificates (for full function vessels or loose gear and wire rope testing). 1918.11(c) and 1918.11(d)(3) reference accreditation under part 1919 as the basis for competence.

Under 1918.11, may certificates issued by a vessel's manufacturer be accepted as evidence of compliance?

Only if those certificates meet the ILO form and content requirements and the manufacturer or issuing organization is a competent person or organization acceptable under 1918.11(a)—that is, acceptable to a foreign nation, acceptable to the U.S. Coast Guard Commandant, or currently accredited by OSHA under part 1919. Certificates from a manufacturer that do not meet those criteria would not satisfy [1918.11].

Under 1918.11, what should an employer do if a foreign vessel's certificates were issued by a classification society—are those acceptable?

Yes—classification society certificates may be acceptable if the society is acceptable to the vessel's flag state (a foreign nation), acceptable to the Commandant of the U.S. Coast Guard, or currently accredited by OSHA under [part 1919]. See 1918.11(d) for the criteria that make foreign certifiers acceptable.