Gear certification personnel requirements

The required work in United States ports must be done by a responsible individual, surveyor, or other authorized agent of a person accredited by the Administration under the regulations in this part. This is stated directly in 1919.37.

• The table in 1919.37 lists those specific categories (responsible individual, surveyor, authorized agent) as the competent persons for work required in U.S. ports.
• ‘‘Accredited by the Administration’’ means the organization has the specific accreditation established under the part referenced in the regulation; its responsible individuals or authorized agents carry out the required certification functions.

While a vessel is in non‑U.S. ports, the required testing or inspections must be performed by a responsible individual, surveyor, or other authorized agent of persons recognized by the Commandant of the U.S. Coast Guard or by a foreign nation whose certification the Administration accepts as being in substantial accordance with 1918.12(a). This requirement appears in 1919.37.

• The regulation distinguishes U.S. port requirements from work done in other ports and ties acceptability to recognition by the Commandant or to foreign certification substantially equivalent to 1918.12(a).
• Employers and operators should confirm the recognizing entity (Commandant or appropriate foreign authority) before relying on non‑U.S. certifications.

Testing, examination and inspection of loose gear or wire rope, and heat treatment of loose gear, may be performed by employees or authorized agents of persons accredited specifically by the Administration for that purpose, or by the manufacturer of the gear unless the manufacturer is disapproved by the Assistant Secretary. This is specified in 1919.37.

• The standard explicitly allows accredited organizations’ employees or authorized agents to carry out these tasks if the accreditation specifically covers loose gear/wire rope work.
• The manufacturer may perform these services unless the Assistant Secretary has disapproved the manufacturer for this purpose.

No. If the Assistant Secretary disapproves the manufacturer for that purpose, the manufacturer may not perform the testing or heat treatment of loose gear. 1919.37 makes this limitation explicit.

• The table in 1919.37 permits manufacturer performance only until and unless the Assistant Secretary disapproves the manufacturer for that role.
• If disapproved, testing/heat treatment must be performed by those accredited specifically by the Administration for the purpose.

Yes. Authorized agents of a person accredited by the Administration may perform the testing, examination, inspection, or heat treatment required in U.S. ports. The table in 1919.37 explicitly lists ‘‘authorized agent’’ as an acceptable competent person category for work in U.S. ports.

• The regulation treats responsible individuals, surveyors, and authorized agents of accredited organizations as competent persons for U.S. port functions.
• Employers relying on agents should ensure those agents act under the accreditation scope prescribed by the Administration.

Yes. Under 1919.37, ‘‘competent persons’’ for gear certification tasks are the individuals or agents listed in the table for each function (for example, responsible individual, surveyor, authorized agent, accredited employees, or the manufacturer where allowed).

• The section defines who counts as a competent person by function rather than giving a general definition.
• To comply, use the specific categories shown in the table in 1919.37 for the applicable task and location.

Yes. A surveyor is explicitly listed as an acceptable competent person to perform any testing, examination, inspection, or heat treatment required in United States ports under 1919.37.

• The table lists ‘‘responsible individual, surveyor or other authorized agent of a person accredited by the Administration’’ for U.S. port requirements, so surveyors acting under that accreditation are permitted.
• Ensure the surveyor is connected to a person accredited by the Administration as required by the regulation.

Potentially, but only if the crewmember qualifies as a responsible individual, surveyor, or authorized agent of a person recognized by the Commandant or by a foreign nation whose certification the Administration accepts as being in substantial accordance with 1918.12(a). 1919.37 sets the requirement.

• Mere status as a crewmember is not sufficient unless that person is acting in one of the authorized roles (responsible individual, surveyor, or authorized agent) under a recognized/accredited organization.
• Operators should confirm recognition or acceptance by the Commandant or that the foreign certification meets the substantial accordance test in 1918.12(a).

Recognition by the Commandant or acceptance of a foreign nation's certification determines which persons are acceptable to perform required testing or inspections when the vessel is in other than U.S. ports; only responsible individuals, surveyors, or authorized agents of those recognized or accepted organizations may perform the work. This requirement is stated in 1919.37 and ties acceptance to substantial accordance with 1918.12(a).

• The regulation makes a clear distinction: U.S. port work requires accreditation by the Administration, while foreign port work may rely on Commandant recognition or foreign certification accepted as substantially equivalent to 1918.12(a).
• Vessel operators should verify recognition or acceptance before permitting tests or certifications by non‑U.S. entities.

Yes. For heat treatment (and any testing or inspection) required in U.S. ports the work must be done by individuals tied to persons accredited by the Administration, while heat treatment required in other than U.S. ports must be done by responsible individuals, surveyors, or authorized agents of persons recognized by the Commandant or by an accepted foreign certifying authority under 1919.37.

• The table in 1919.37 creates different competent‑person paths depending on the vessel’s location (U.S. port vs other ports).
• For loose gear specifically, the standard also separately allows accredited employees or manufacturers (unless disapproved) to perform heat treatment, as shown in the table.

Yes. The table in 1919.37 permits employees or authorized agents of persons accredited specifically by the Administration for loose gear purposes to perform testing, examination, and inspection of loose gear or wire rope.

• This allowance is limited to organizations whose accreditation specifically covers loose gear/wire rope functions as required by the part.
• Employers must ensure the accreditation scope covers the specific loose gear or wire rope activities performed.

Yes. 1919.37 separates loose gear and wire rope (testing, examination, inspection, and heat treatment) into a distinct category that may be performed by accredited employees/agents or the manufacturer (unless disapproved), whereas ‘‘any testing…required in United States ports’’ is limited to responsible individuals, surveyors, or authorized agents of persons accredited by the Administration.

• The table explicitly treats loose gear/wire rope differently from other certification functions, giving manufacturers a conditional role for loose gear.
• Rely on the specific row in 1919.37 that applies to the type of gear and port location.

The section uses the term ‘‘Administration’’ but does not define it within the text provided; however, the accreditation referred to is the accreditation established under the regulations contained in this part, and the accreditation requirement is central to who may perform the listed functions under 1919.37.

• To determine the specific agency or office acting as the Administration for accreditation and the precise accreditation procedures, consult the surrounding regulatory part referenced by 1919.37 (the part’s accreditation provisions).
• The regulation ties who may perform work to whether the organization is accredited under the part, so accreditation status controls who qualifies as competent.

If a foreign certifying authority is accepted as substantially in accordance with 1918.12(a), then responsible individuals, surveyors, or authorized agents of persons recognized by that foreign authority may perform the testing, examination, inspection, or heat treatment required while the vessel is in other than U.S. ports, per 1919.37.

• Acceptance as ‘‘substantial accordance’’ ties the foreign program’s credibility to the standards referenced in 1918.12(a), enabling its recognized agents to act in lieu of U.S. accreditation for foreign‑port work.
• Vessel operators should obtain confirmation of acceptance before relying on foreign certifications for required work.

No. For testing, examination, inspection, or heat treatment required in United States ports, 1919.37 confines performance to responsible individuals, surveyors, or authorized agents of persons accredited by the Administration; the table does not authorize non‑accredited persons for U.S. port required work.

• The regulation distinguishes clearly between U.S. port requirements (Administration accreditation required) and other‑port requirements (recognition by the Commandant or accepted foreign certification).
• For loose gear/wire rope there is a specific allowance for accredited employees or manufacturers (unless disapproved), but that still requires accreditation or manufacturer status.

No. 1919.37 specifies who may perform functions by accreditation or recognition categories but does not spell out particular documentation requirements for proving accreditation status within the section’s text.

• The section identifies the authorized categories (e.g., responsible individual, surveyor, authorized agent) tied to accreditation or recognition but leaves procedural details (such as specific documentation) to the broader regulations contained in the part that establish accreditation processes.
• For documentation specifics, consult the accreditation regulations elsewhere in the part referenced by 1919.37 or the Administration’s accreditation procedures.

Yes. The table in 1919.37 covers testing, examination, and inspection of gear, which would include slings and related hardware when those inspections are required by the regulations in this part.

• For additional practical guidance on sling hook features (for example, whether a safety latch is required), OSHA’s interpretation on safety latches at https://www.osha.gov/laws-regs/standardinterpretations/2006-01-10-0 explains that whether a safety latch is required depends on the activity and references related maritime standards; that interpretation can be used alongside the certification duties in 1919.37.
• When inspecting slings and hooks as part of certification, follow the applicable technical and maritime standards plus the competent‑person rules in 1919.37.

No. 1919.37 requires that testing, examination and inspection of loose gear or wire rope be done by employees or authorized agents of persons accredited specifically for that purpose; accreditation for other gear functions does not automatically authorize loose gear testing unless the accreditation specifically covers it.

• The table separates general port testing accreditation from the specific accreditation needed for loose gear/wire rope work, so make sure the accreditation scope explicitly includes loose gear before performing such tests.
• If the manufacturer performs the work, that is allowed only unless the manufacturer has been disapproved by the Assistant Secretary.

No. For required testing in United States ports, 1919.37 requires individuals to be responsible individuals, surveyors, or authorized agents of a person accredited by the Administration. Foreign surveyors could only perform certification work while the vessel is in other than U.S. ports if they are part of a person recognized by the Commandant or of a foreign certification accepted as substantially in accordance with 1918.12(a).

• The location of the vessel (U.S. port vs other port) controls whether foreign surveyors acting under foreign certification are acceptable.
• For U.S. port work, ensure the surveyor is associated with an Administration‑accredited entity as required by 1919.37.

No. 1919.37 specifies which accredited or recognized persons may perform certification functions, but the accreditation process and criteria are established elsewhere in the regulations contained in this part (the part referenced by the section). The section points to accreditation under the part but does not itself lay out the accreditation steps.

• To find the procedural and substantive accreditation requirements, review the other sections of the part that set forth ‘‘regulations contained in this part’’ for accreditation details referenced by 1919.37.
• Compliance depends both on using the correctly accredited/recognized persons listed in 1919.37 and on meeting the separate accreditation criteria in the part.

No. For loose gear heat treatment the table in 1919.37 limits performance to employees or authorized agents of persons accredited specifically for loose gear purposes, or the manufacturer (unless disapproved). A responsible individual or surveyor who is not tied to such an accredited person would not meet the loose gear row’s listed competent persons.

• The table creates a distinct category for loose gear/wire rope that requires specific accreditation or manufacturer status.
• For general gear testing in U.S. ports (not loose gear), responsible individuals and surveyors of Administration‑accredited persons are acceptable.