1919 Subpart A
Part 1919 requires OSHA to set procedures and standards for accrediting persons to certify vessels' cargo gear and shore-based material handling devices, and it implements the requirements in the shipyard, marine terminal, and longshoring standards. See 1919.1(a), which explicitly states this Part implements 1915.115, 1917.50 and 1918.11.
Accreditation under Part 1919 is not required in two specific situations: when the gear certification is done for Coast Guard-inspected vessels or foreign vessels certificated by an acceptable foreign authority, and when shore-based material handling devices are certified under qualifying State or delegated local standards. See 1919.1(b) for the general rule and the two numbered exceptions in 1919.1(b)(1) and 1919.1(b)(2).
Yes. Cargo gear certification for vessels inspected and certificated under U.S. Coast Guard authority is exempt from the OSHA accreditation requirement. See 1919.1(b)(1) which exempts Coast Guard‑inspected vessels (and certain foreign‑certificated vessels) from Part 1919 accreditation. The rule also explains the Coast Guard’s jurisdiction in related maritime matters in the accompanying footnote to that paragraph.
Shore-based material handling devices are exempt from OSHA accreditation when they are certified under standards established and enforced by the State (or a political subdivision delegated by the State) where the devices are located, provided those State standards meet the requirements of 1917.50(b)(2). See 1919.1(b)(2) for the exemption and 1917.50(b)(2) for the benchmark the State standards must meet.
Yes. Persons not required to be accredited under paragraph (b) may nevertheless apply for and receive OSHA accreditation, and once accredited they are subject to the appropriate subparts of Part 1919 (except where specific exemptions are granted). See 1919.1(c).
Yes. Cargo gear certification performed for foreign vessels certificated under the requirements of a foreign nation or by persons acceptable to that foreign nation is exempt from OSHA accreditation under 1919.1(b)(1). This means OSHA accreditation is not required when the vessel’s certification is governed by an acceptable foreign authority as described in that paragraph.
The certification procedures and standards required by Part 1919 rely on the substantive rules in the shipyard, marine terminal, and longshoring standards—specifically 1915.115 (shipyards), 1917.50 (marine terminals), and 1918.11 (longshoring). See 1919.1(a) for how Part 1919 implements those sections.
State standards (or delegated political subdivision standards) must meet the requirements set out in 1917.50(b)(2) in order for shore-based material handling devices certified under those standards to be exempt from OSHA accreditation. See 1919.1(b)(2) which ties the exemption to the benchmark in 1917.50(b)(2).
Yes. A person who voluntarily applies for and receives accreditation must comply with the appropriate subparts of Part 1919, except where specific exemptions are granted. See 1919.1(c), which explains that accredited persons are subject to the subparts of this part unless exemptions apply.
Part 1919 defers to U.S. Coast Guard–certificated vessel inspections by exempting cargo gear certification for those vessels from OSHA accreditation requirements. See 1919.1(b)(1). The Part states accreditation is not required when certification is performed for vessels inspected and certificated under the authority of the U.S. Coast Guard.
If a foreign vessel is certificated under the requirements of a foreign nation or by persons acceptable to that foreign nation, the cargo gear certification performed for that vessel is exempt from OSHA accreditation under 1919.1(b)(1). That means a person acceptable to the foreign authority may perform the certification without being OSHA‑accredited for Part 1919 purposes.
OSHA guidance clarifies that reach stackers are considered powered industrial trucks and therefore are exempt from the certification requirement in 1917.50 under the exception in 1917.50(j)(1); reach stackers are treated like other powered industrial trucks and are subject instead to applicable powered‑truck rules. See the OSHA memorandum "Exemption of Variable Boom Reach Equipment ('Reach Stackers') from the 29 CFR 1917.50 Certification Requirement for Marine Terminals" available at https://www.osha.gov/laws-regs/standardinterpretations/2017-03-17 and 1917.50 for the related certification rule.
Yes. Even when State standards meet the benchmark in 1917.50(b)(2) and the State enforces certification, OSHA‑accredited persons may still apply for and receive accreditation under 1919.1(c) if they wish to be accredited by OSHA. The Part allows voluntary accreditation in addition to the exemptions in paragraph (b).
The certification procedures in Part 1919 are driven by the applicable substantive maritime rules in 1915.115 (shipyard cargo gear), 1917.50 (marine terminals), and 1918.11 (longshoring). See 1919.1(a) which states Part 1919 implements those sections and describes how certification shall be performed.
Determine which authority inspects and certifies each piece of equipment: cargo gear certification for Coast Guard‑inspected vessels is exempt from OSHA accreditation under 1919.1(b)(1), whereas shore‑based material handling devices may be exempt if certified under State standards that meet 1917.50(b)(2) per 1919.1(b)(2). If the equipment is not covered by those exemptions, accreditation under Part 1919 applies as described in 1919.1(a).
Part 1919 contains the procedures and standards for OSHA accreditation of persons for gear certification; start with 1919.1(a) which explains the Part’s purpose and then review the subparts of Part 1919 for application, testing, and accreditation procedures. The Part implements and ties into the substantive device requirements in 1915.115, 1917.50 and 1918.11.