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OSHA 1919.12

Vessel cargo gear recordkeeping

Subpart C

20 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.12(a), what information must the vessel's cargo gear register contain?

Under 1919.12(a), the vessel must keep a fully completed, up-to-date register in the form prescribed or approved by the Administration that lists required inspections, examinations, and heat treatments. The register must specifically record the inspections and thorough examinations required by 1919.15(a) and (b), the thorough examinations required by 1919.15(c), the thorough examinations required by 1919.17, and the heat treatments required by 1919.16 and 1919.19. See the overall 1919.12 requirement for format and completeness.

Under 1919.12(b), what must the certificates attached to the cargo gear register show?

Under 1919.12(b), certificates attached to the register must be in the form prescribed or approved by the Administration, kept up-to-date, and contain particulars of required testing, examinations, and heat treatments. Specifically, certificates must cover the testing and examinations required by 1919.14, 1919.15(a), and 1919.19 and the heat treatment required by 1919.16 and 1919.19. See 1919.12(b) for the full obligation.

Under 1919.12(c), who must sign the register entries and attached certificates?

Under 1919.12(c), the register entries and attached certificates must be signed by a person qualified under 1919.37. The signature requirement ensures that only a person meeting the qualification rules (see 1919.37) certifies tests and examinations, and entries in the register. For background on who may be an accredited or competent person, see the 1977 interpretation on competent person accreditation procedures.

Under 1919.12(d), how must small items of cargo gear be identified in the register?

Under 1919.12(d), the vessel must provide adequate means so people examining the register or attached certificates can identify the items of cargo gear listed, and small items of gear such as shackles must bear a mark indicating they have been initially tested. Practical methods include stamped or forged identification marks on shackles, tag numbers cross‑referenced to the register entries, or a clear index in the register itself; see 1919.12(d).

Under 1919.12(e), what records about wire rope and loose gear must be kept aboard the vessel?

Under 1919.12(e), the vessel must keep aboard records that identify wire rope or articles of loose gear obtained from time to time and required to be certificated under the regulations of this part. This means any wire rope or loose items that need certification must be listed with identifying information in the vessel's records so they can be traced and inspected; see 1919.12(e).

Under 1919.12(f), how long must the vessel's register and certificates be preserved?

Under 1919.12(f), the register and certificates must be preserved for at least 5 years after the date of the latest entry, unless a longer retention is required for certain nonrecurring test certificates. The accredited person must instruct the vessel's officers (or the vessel's operator if unmanned) about this retention requirement; see 1919.12(f).

Under 1919.12(f), what is the retention rule for nonrecurring test certificates for gear kept in use longer than five years?

Under 1919.12(f), nonrecurring test certificates for gear that remain in use longer than five years must be retained for as long as that gear is continued in use. In other words, while the general retention is at least five years after the latest entry, certificates tied to items kept in service must be kept for the full time the item remains in use; see 1919.12(f).

Under 1919.12(g), what certification rules apply to derricks or cranes permanently mounted aboard barges in domestic inland waters?

Under 1919.12(g), derricks, spouts, suckers, or cranes permanently mounted aboard barges that remain in domestic inland waters service must comply with the certification documentation provisions of 1919.90. This means such barge‑mounted gear follows the special documentation rules in 1919.90 rather than the general vessel procedures in 1919.12(g); see 1919.12(g).

Under 1919.12(b)(1), which testing and examinations require certificates attached to the register?

Under 1919.12(b)(1), certificates attached to the register must cover the testing and examinations required by 1919.14, 1919.15(a), and 1919.19. That means tests and the mandatory examinations in those sections must be evidenced by up‑to‑date certificates filed with the register; see 1919.12(b).

Under 1919.12(d), what are acceptable practical methods to make cargo gear identifiable to an examiner?

Under 1919.12(d), acceptable practical methods include permanent marks or stamps on items, durable tags with unique serial or tag numbers cross‑referenced to the register, and a clear index in the register describing where each item is used or stored. The rule requires "adequate means" so an examiner can identify items and notes that small items such as shackles must be marked to show they were initially tested; see 1919.12(d).

Under 1919.12(c) and the 1977 letter on accreditation, what does it mean that an entry must be signed by a person qualified under 1919.37?

Under 1919.12(c), a signature must be by a person qualified under 1919.37, which means the person meets the qualification criteria established in the regulations for certification of cargo gear. The 1977 letter on competent person accreditation clarifies that maritime standards may require accreditation by OSHA‑recognized procedures and that an employer assigns or approves a competent person; see the 1977 interpretation on competent person accreditation procedures and 1919.37.

Under 1919.12(f), who must the accredited person instruct about record preservation, and does this include unmanned vessels?

Under 1919.12(f), the accredited person must instruct the vessel's officers about preserving the register and certificates, and if the vessel is unmanned the instruction goes to the vessel's operator. The accredited person therefore bears responsibility to ensure the correct party aboard (or the operator for unmanned vessels) understands the retention requirements; see 1919.12(f).

Under 1919.12(b) and 1919.12(e), where should the certificates and identification records be kept?

Under 1919.12(b) and 1919.12(e), certificates must be attached to the register and kept up‑to‑date, and records identifying wire rope or loose gear must be kept aboard the vessel. In short, maintain the register with attached certificates on board and maintain identification records for wire rope and loose gear aboard the vessel; see 1919.12(b) and 1919.12(e).

Under 1919.12(a)–(b), what does "in the form prescribed or approved by the Administration" mean for registers and certificates?

Under 1919.12(a)–(b), "in the form prescribed or approved by the Administration" means the register and certificates must follow the format and content specifications the Administration (U.S. Coast Guard/Administration) requires or approves, so the entries contain the required particulars for inspections, tests, examinations, and heat treatments. When in doubt, use the Administration‑prescribed forms or obtain approval for your format to ensure compliance; see 1919.12(a) and 1919.12(b).

Under 1919.12(d), must small items like shackles be marked after initial testing, and what should that mark indicate?

Under 1919.12(d), yes—small items such as shackles must bear a mark to indicate they have been initially tested. The mark should be durable and clearly show that initial testing was performed (for example, an identifying stamp or test mark linked to the register entry) so inspectors can verify the item was tested; see 1919.12(d).

Under 1919.12(e) and (f), can electronic copies be used for the vessel's register and certificates if kept aboard and accessible?

Under 1919.12(e) and (f), the standard requires that records identifying wire rope and loose gear be kept aboard vessels and that the register and certificates be preserved for the required retention period; the rule does not forbid electronic records. Therefore, electronic copies are acceptable provided they are stored aboard the vessel in a form that is accessible to examiners and preserved for the retention period (including the longer retention for items kept in use), but you should ensure format and accessibility meet the Administration's requirements; see 1919.12(e) and 1919.12(f).

Under 1919.12, how should certified heat treatments and tests be documented when an item is transferred between vessels or operators?

Under 1919.12, heat treatments and required tests must be recorded on certificates attached to the register and kept with the vessel's records, so when an item is transferred the documentation should accompany the item or remain with the vessel's register as proof of prior tests and treatments. Maintain the up‑to‑date certificate with the register and ensure any transfer is reflected in the register entries so identifiers and certificates remain traceable; see 1919.12(b) and 1919.12(e).

Under 1919.12, what specific tests or examinations referenced in other sections must be summarized in the register entries?

Under 1919.12, the register must summarize the inspections, tests and examinations referenced in the cited sections—specifically those required by 1919.14 (testing methods), 1919.15(a) (periodic inspection) and (b) (thorough examination), and 1919.19 (special requirements). The register should record the item, date, nature of the test or examination, and the certifying signature to show compliance with those sections; see 1919.12(a)(1) and (b)(1).