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OSHA 1919.2

Definitions for vessel cargo gear

1919 Subpart A

21 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.2(a), what does the term "vessel" include for cargo gear rules?

Yes — under 1919.2(a) a "vessel" includes every type of watercraft or artificial structure used or capable of being used to transport on water, and it also covers special-purpose floating structures not primarily designed for transport. See 1919.2(a) for the exact definition.

Under 1919.2(b), what counts as "cargo gear" and what common items are excluded?

Cargo gear means the vessel equipment used to handle cargo (other than bulk liquids), but it does not include gear that handles only hoses, ships' stores, the gangway, or a boom conveyor belt. See 1919.2(b) for the precise scope and exclusions.

Under 1919.2(c)(1)(i), what is a "derrick" when applied to vessels' cargo handling gear?

A derrick for vessel cargo handling is a mechanical lifting device that can include a boom suspended at its head by a topping lift from a mast or king post, is controlled horizontally by vangs, and can be used singly or in pairs with married falls. See 1919.2(c)(1)(i) for the full definition.

Under 1919.2(c)(1)(ii), how does the definition of "derrick" differ for shore-based material handling devices?

A shore-based derrick is defined as a mechanical lifting device intended for lifting that may have a boom supported by a topping lift from a mast, fixed A-frame, or similar structure; the mast may or may not be guyed, and the boom may or may not be controlled by vangs. The term also includes shear legs. See 1919.2(c)(1)(ii).

Under 1919.2(c)(2), what is OSHA's working definition of a "crane"?

A crane is a mechanical device intended for lifting or lowering a load and moving it horizontally where the hoisting mechanism is an integral part of the machine; cranes can be fixed or mobile. See 1919.2(c)(2) for the exact wording.

Under 1919.2(c)(3) and (4), what are "bulk cargo spout" and "bulk cargo sucker"?

A bulk cargo spout is a spout (possibly telescopic or with removable sections) suspended over a vessel from an overhead structure—used frequently with a thrower or trimming machine (e.g., grain loading spout). A bulk cargo sucker is a pneumatic conveyor with a spoutlike device, adjustable vertically and/or laterally, suspended over a vessel (e.g., grain sucker). See 1919.2(c)(3) and 1919.2(c)(4).

Under 1919.2(d) and (e), who are the "Assistant Secretary" and the "Administration"?

The "Assistant Secretary" is the Assistant Secretary of Labor for Occupational Safety and Health (or an authorized representative), and the "Administration" means the Occupational Safety and Health Administration, U.S. Department of Labor. See 1919.2(d) and 1919.2(e).

Under 1919.2(f), how does OSHA define the term "person"?

OSHA defines "person" broadly to include any individual, partnership, corporation, agency, association, or organization. See 1919.2(f).

Under 1919.2(g), what does "competent person" mean for vessel cargo handling gear certification?

A "competent person" for vessel cargo handling gear certification is an individual qualified to perform gear certification functions for vessels' cargo handling gear as specifically set out in 1919.37. See 1919.2(g)(1) and 1919.37 for the referenced certification requirements.

Under 1919.2(g)(2), who qualifies as a "competent person" for shore-based material handling devices?

For shore-based material handling devices, a "competent person" is someone qualified under the provisions of subparts F and G of Part 1919 to perform gear certification functions. See 1919.2(g)(2) which directs you to subparts F and G for the specific qualification requirements.

How does the 1977 OSHA letter of interpretation affect who can be designated a "competent person" under 1919.2(g)?

The employer assigns or approves a "competent person," and the employer must ensure that the person can identify hazards and take corrective action; OSHA does not have a fixed national accreditation process for this designation. See the April 26, 1977 letter on competent person accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 which explains that the employer assigns the competent person and references Part 1919 requirements alongside 1919.2(g).

Under 1919.2(h), what does "ton" mean and can capacity ratings be stated in pounds?

A "ton" means 2,240 pounds for vessels' cargo handling gear and 2,000 pounds for shore-based material handling devices or shore-type cranes permanently mounted aboard certain vessels, but capacity ratings may also be stated in pounds. See 1919.2(h) for details.

Under 1919.2(i), what is meant by "nondestructive examination"?

Nondestructive examination means inspecting structure or parts using electronic, ultrasonic, or other nondestructive methods suitable for the purpose rather than destructive testing. See 1919.2(i).

Under 1919.2(b), are hose-handling devices on a vessel considered "cargo gear"?

No — gear that is used only for handling or holding hoses is excluded from the cargo gear definition and therefore is not considered "cargo gear" under Subparts B through E. See 1919.2(b).

Under 1919.2(c)(1)(i), what does "married falls" mean in the context of a vessel derrick?

In the context of a vessel derrick, "married falls" refers to two hoisting lines or blocks used together as a pair for lifting heavier loads; the definition of derrick notes that booms may be used singly or in pairs with married falls. See 1919.2(c)(1)(i).

Under 1919.2(c)(2), can a mobile machine be a crane under OSHA's definition?

Yes — OSHA's definition of "crane" includes machines that are fixed or mobile, provided the hoisting mechanism is an integral part of the machine. See 1919.2(c)(2).

Under 1919.2(c)(3), does a bulk cargo spout have to be telescopic to fall under the definition?

No — a bulk cargo spout may or may not be telescopic and may or may not have removable sections; the definition covers both types when suspended over a vessel. See 1919.2(c)(3).

Under 1919.2(c)(4), is a grain sucker considered a "bulk cargo sucker"?

Yes — the definition explicitly gives a grain sucker as an example of a bulk cargo sucker, which is a pneumatic conveyor using a suspended spoutlike device. See 1919.2(c)(4).

Under 1919.2(g) and 1919.37, where do I find the specific certification functions a competent person must perform for vessel gear?

The specific certification functions for a competent person with respect to vessels' cargo handling gear are set forth in 1919.37; 1919.2(g)(1) identifies a competent person as one qualified under those provisions. See 1919.2(g)(1) and review 1919.37 for the procedural and certification details.

Under 1919.2(h), how should I interpret capacity ratings given in tons versus pounds?

Interpret "ton" according to the application: use 2,240 lb for vessel cargo gear and 2,000 lb for shore-based devices as specified, but capacity ratings may also be shown directly in pounds to avoid ambiguity. See 1919.2(h).

Under 1919.2(i), what types of nondestructive testing methods are recognized?

OSHA recognizes electronic, ultrasonic, or other nondestructive examination methods that are suitable for the purpose when examining structure or parts. See 1919.2(i).