General duties and exemptions

Yes. Accredited persons must strictly follow the requirements in subparts D and E for all testing, examinations, inspections, and heat treatments except where 1919.1 or paragraph (h) of 1919.10 provides otherwise.

• See the specific requirement in 1919.10(a).
• If you think an exemption might apply, review 1919.10(h) which allows the Assistant Secretary to grant exemptions in cases of practical difficulties or unnecessary hardships.

Only the persons listed in the accredited person's application (or any supplements to it) may supervise those activities.

• The supervisory requirement is stated in 1919.10(b).
• For information about how accreditation or designation of competent/accredited persons is determined, see the interpretation on accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

An authorized agent of the accredited person must sign certificates and make all register entries.

• 1919.10(c) requires signatures and register entries to be made only by an authorized agent of the accredited person.
• The accredited person must not issue certification if there are deficiencies the accredited person considers presently unsatisfactory until those deficiencies are corrected.

They must not issue a certification until those deficiencies are corrected.

• 1919.10(c) explicitly prohibits issuing certification while such unsatisfactory conditions exist.
• Replacement parts used to correct deficiencies must be of equal or better quality than the original equipment and suitable for the purpose.

They must inform the nearest District Office of the Administration about the circumstances.

• This reporting duty appears in 1919.10(d) and the surrounding text and requires notification when certification cannot be issued because deficiencies remain uncorrected.

Owned dynamometers or recording test equipment must have been tested for accuracy within the six months immediately preceding the application for accreditation or renewal.

• See the six‑month requirement in 1919.10(d).
• The calibration must be traceable to the National Bureau of Standards and a copy of the test reports must accompany the accreditation application.

Yes, but only if the equipment's owner provides a certificate of accuracy obtained within 1 year prior to its use.

• 1919.10(d) requires a certificate of accuracy for non‑owned test equipment obtained within one year and stating the equipment's errors before an accredited person may base certification on its use.
• Reasonable accuracy standards must be met and proof loads adjusted as necessary.

Calibrations must be performed with calibrating equipment that has itself been checked so indications are traceable to the National Bureau of Standards, and copies of those test reports must accompany the accreditation application.

• 1919.10(d) sets out the traceability and documentation requirements.
• Keep these calibration reports available to show the Administration the accuracy basis for your test equipment.

Yes, an accredited person must provide advance information on scheduled testing upon request and facilitate the Administration’s observation, though tests need not be delayed except when the Administration specifically requests a delay under unusual circumstances.

• See the observation and advance-notice provisions in 1919.10(e).
• This does not mean testing must stop unless the Administration explicitly requests a delay for unusual circumstances.

All cargo gear registers and certificates issued by an accredited person must be made on forms prescribed or approved by the Administration.

• This requirement is stated in 1919.10(f).
• Use only the Administration‑prescribed or approved forms to avoid noncompliance.

An accredited person must accept such certificates when they are issued by the gear manufacturer, by a person accredited specifically by the Assistant Secretary for that purpose, or by any other person whose certificates are acceptable to the Administration, unless the Assistant Secretary has given other instructions.

• 1919.10(g) explains when acceptance is required.
• If the accredited person uses another's certificate as the basis for issuing their own, they must keep the original certificates on file as part of the vessel's permanent record.

If an accredited person issues its own certificate based on another party’s certificate, the accredited person must keep the original certificate on file as part of the permanent record of the vessel.

• The recordkeeping requirement is in 1919.10(g).
• Alternatively, the other party’s certificate may be attached directly to the vessel’s certification.

The Assistant Secretary may grant exemptions in their discretion when there are practical difficulties or unnecessary hardships.

• The exemption authority is stated in 1919.10(h).
• Exemptions are case‑by‑case and not automatic; submit a clear justification describing the hardship or practical difficulty when requesting one.

Persons accredited under 1919.6(a) are the ones addressed by 1919.10(g), and they must accept certain manufacturers’ or other Administration‑acceptable certificates unless instructed otherwise by the Assistant Secretary.

• Review the accreditation scope in 1919.6(a) alongside 1919.10(g) to understand who must accept outside certificates and under what conditions.
• For procedural background on accreditation and competent persons, see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

You can do either: attach the manufacturer's certificate as part of the vessel’s certification, or use it as the basis for issuing your own certificate—if you do the latter, you must keep the original manufacturer's certificate on file as part of the vessel's permanent record.

• This flexibility is provided in 1919.10(g).
• Keep originals available for Administration review as required.

It means test equipment must meet calibration accuracy consistent with accepted measurement practices, and proof loads used in testing should be corrected to account for any measured errors so test results remain valid.

• The expectation for accuracy and adjustment of proof loads is stated in 1919.10(d).
• Ensure calibration reports show measurement errors, and document how you adjusted proof loads or test readings to account for those errors.

Tests do not have to be delayed simply because the Administration wants to observe; however, the accredited person must provide advance information and facilitate observation, and only when the Administration specifically requests a delay under unusual circumstances should testing be postponed.

• See the balance between scheduling and observation in 1919.10(e).
• Always respond to requests for advance information and be prepared to allow Administration observation without interrupting routine testing unless formally asked to delay.

Replacement parts must be of equal or better quality than the original equipment and must be suitable for the intended purpose before certification can be issued.

• This requirement is specified in 1919.10(c).
• Keep documentation showing the replacement parts’ specifications and suitability as part of the vessel’s records.

The accredited person makes the determination that a condition is ‘currently unsatisfactory’ and must withhold certification until they are satisfied the deficiencies are corrected.

• 1919.10(c) places the judgment of current unsatisfactory conditions with the accredited person.
• If the accredited person cannot obtain correction and therefore cannot certify, they must inform the nearest District Office as required in the section.

You must request an exemption from the Assistant Secretary, who may grant exemptions in their discretion for cases involving practical difficulties or unnecessary hardships.

• See the exemption authority in 1919.10(h).
• Your request should explain the hardship or practical difficulty and propose how safety will still be maintained.

Before using non-owned equipment for certification, obtain the owner’s certificate of accuracy issued within the past year that states the equipment’s errors, and document how you will meet reasonable accuracy standards and adjust proof loads as necessary.

• The one‑year certificate requirement for non‑owned equipment is in 1919.10(d).
• Keep the owner’s certificate on file and ensure traceability to the National Bureau of Standards where applicable.