Cargo gear certification requirements

Certification of a vessel's cargo gear must be performed by accredited persons and must conform to the requirements in Subpart D of Part 1919 unless an exception applies. See 1919.13(a) and the general Part 1919 authority at 1919. For how accredited persons are recognized and the role they play, see the OSHA interpretation discussing accreditation and competent-person procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

No—except where another section explicitly provides otherwise. Certification must be done by accredited persons except as noted in 1919.1 or as provided by exemptions in 1919.10(h). See 1919.13(a) for the requirement and the referenced sections for any specific exceptions.

Safe working loads for assembled units must be based on applicable design criteria that are acceptable to the accredited person performing the certification. If no design data are obtainable, the SWL may be based on the owner's information and warranty, but the unit test certificates must state that basis. See 1919.13(b).

The unit test certificate must state the basis for any safe working load assignment that relies on the owner's information and warranty. In other words, the certificate must explicitly record that the rating is based on the owner's data/warranty rather than independent design data. See 1919.13(b).

Yes. When no design data are obtainable, the accredited person may accept the owner's information and warranty as the basis for assigning safe working loads, but the resulting unit test certificate must state that basis. See 1919.13(b).

An "accredited person" for the purposes of Part 1919 is a person recognized under the Part 1919 accreditation framework to perform inspections and certifications; accreditation and competent-person concepts are discussed in OSHA guidance on accreditation procedures. See the general Part 1919 authority at 1919 and the OSHA interpretation on competent person and accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 for background on how OSHA has treated accreditation and competent-person responsibilities.

The accredited person should base the safe working load on applicable design criteria that they find acceptable; if reliable design data exist, those data form the proper basis. Where no acceptable design data exist, the accredited person may rely on the owner's warranty but must state that basis on the unit test certificate. See 1919.13(b). For the accredited/competent person role in making these determinations, see OSHA's accreditation/competent-person guidance at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

Yes—1919.13(a) requires certification by accredited persons except as specifically noted in 1919.1 or where an exemption applies under 1919.10(h). Those sections contain the specific scope and any listed exemptions, so you must check them directly to determine whether a particular piece of gear or situation is exempt.

The regulation does not absolutely require a separate physical test when the SWL is based on the owner's warranty; it requires that the unit test certificate state the basis for the rating (i.e., owner's information and warranty) when design data are unavailable. Whether additional testing is necessary will depend on the accredited person's judgment and any applicable requirements elsewhere in Part 1919. See 1919.13(b) and consult the accredited-person guidance at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 for the role of the accredited/competent person in deciding tests and verification.

Employers should keep unit test certificates that state the basis for any safe working load assignment—especially when the basis is the owner's information and warranty—so that there is a clear record of how ratings were established. The requirement for this statement comes directly from 1919.13(b). For broader record and accreditation context, see 1919 and the OSHA interpretation on accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

The accredited person performing the certification is responsible for determining whether available design documents constitute applicable design criteria and are acceptable as the basis for safe working load ratings. That authority follows from the language of 1919.13(b) and the accredited/competent-person role described in OSHA guidance at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

Yes—manufacturer design data can serve as applicable design criteria if the accredited person finds those data acceptable. The rule requires that SWL ratings be based on applicable design criteria acceptable to the accredited person; if the manufacturer data meet that test, they are an appropriate basis. See 1919.13(b).

When relying on the owner's information or warranty because no design data are obtainable, the accredited person must ensure the unit test certificate clearly states that the SWL assignment is based on the owner's information and warranty. The accrediting person should use professional judgment in accepting the owner's data and may document any limitations or uncertainties on the certificate. See 1919.13(b) and consider the accredited/competent-person guidance at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

OSHA's Part 1919 establishes the requirement that certain certifications be performed by accredited persons, and OSHA has issued guidance about accreditation and competent-person roles, but the detailed accreditation procedures are handled through the mechanisms referenced in Part 1919 and agency guidance. Consult 1919 and the OSHA interpretation on accreditation/competent-person procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 for historical guidance on how OSHA has treated accreditation and competent-person responsibilities.

Part 1919's cargo gear certification requirements apply to maritime gear and are the specific maritime rules to follow for certification; other OSHA standards (for example, general industry rules in Part 1910) may also apply unless specifically preempted. Where different OSHA standards could apply, the specific maritime standard in Part 1919 governs cargo-gear certification issues. See the overall Part 1919 authority at 1919 and OSHA's interpretation about applicability of different OSHA parts to particular workplaces at https://www.osha.gov/laws-regs/standardinterpretations/1991-02-19 for more on how OSHA determines which standards apply.