Accreditation application provisions

The provisions of 1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 1919.9 govern accreditation to certificate shore-based material handling devices to the extent they apply. See 1919.51 for the governing statement and consult each referenced section for the specific accreditation rules (for example, 1919.3).

You must comply only with the provisions that are "applicable" to your accreditation for shore-based material handling devices; 1919.51 expressly limits the listed sections to "the extent applicable." See 1919.51 and review the specific language in the referenced sections (for example, 1919.4) to determine which requirements apply to your situation.

• If you are unsure whether a particular subsection applies, document why you believe it does or does not apply and consult OSHA for clarification.

The OMB Control No. 1218-0003 note in 1919.51 means the paperwork and information collection elements associated with these accreditation provisions have been reviewed and approved by the Office of Management and Budget. See 1919.51.

• Practically, this means applicants should expect to provide the specific information requested in the accreditation application forms and related submissions and that those information requests are authorized under that OMB control number.
• Retention periods, specific form headings, and exact data fields are described in the implementing sections (e.g., 1919.3), so follow those sections and any OSHA instructions for completing required forms.

The application procedures and requirements are located in the sections referenced by 1919.51—specifically 1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 1919.9—which together govern the accreditation process. See 1919.51 and review each referenced section such as 1919.5 for the detailed procedures and criteria for applications.

When a construction or other OSHA standard references Part 1919, certification must be performed by persons accredited under Part 1919; OSHA-authorized accreditation procedures in Part 1919 determine who may certificate such devices. See 1919.51 and note the historical interpretation that maritime or construction standards referencing Part 1919 require certification by persons accredited under Part 1919 (see the 1977 Letter of Interpretation on competent person accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26).

• In short: if the applicable standard requires certification in accordance with Part 1919, the certifier must hold the accreditation specified by Part 1919.

No, not when the applicable standard requires certification by an OSHA-accredited person; an employer may designate a "competent person" for many tasks (see the definition in 29 CFR 1926.32(f)), but where a standard explicitly requires certification by a person accredited under Part 1919, that certification must be done by an accredited person under the procedures of Part 1919. See 1919.51 and the Letter of Interpretation discussing competent person accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

You should compare the scope and requirements of each referenced section to the functions, design, and intended use of your shore-based material handling device; only provisions that match your device and the accreditation activity are applicable under 1919.51. See 1919.51 and consult the individual sections such as 1919.7 for specific criteria.

• If it remains unclear whether a provision applies, document your rationale and contact OSHA for guidance or review because 1919.51 limits applicability to "the extent applicable."

Yes, some construction and maritime standards reference Part 1919 and require that certain material handling devices be certificated in accordance with Part 1919 by persons accredited under Part 1919. This cross-reference practice is noted in OSHA guidance on accreditation procedures. See 1919.51 and the Letter of Interpretation addressing competent person accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 for historical context.

• If your work sits at the intersection of maritime and construction activities, check both Part 1919 and any referenced standards (for example parts of 29 CFR 1926) to confirm which accreditation or certification rules apply.

Yes—those qualification and procedure details are contained in the specific sections referenced by 1919.51 (for example, 1919.3–1919.9), which set out accreditation criteria, required qualifications, and administrative procedures. See 1919.51 and review the individual sections such as 1919.3 and 1919.4 for the specific qualifications and application requirements.

• If you need practical guidance on demonstrating training or competence, note that OSHA has previously explained that employers may certify on-the-job training when an employee demonstrates proficiency (see the training-related Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1996-03-26-3) though that LOI addresses a different standard and employers should follow Part 1919 criteria for formal accreditation.

The practical first step is to review the accreditation application requirements found in the sections cited by 1919.51 (i.e., 1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 1919.9), gather the requested documentation referenced under the OMB-approved collection (OMB Control No. 1218-0003), and submit the application materials following the instructions in those sections. See 1919.51 for the governing direction and consult the individual sections such as 1919.5 for procedural details.

• If anything is unclear, contact OSHA for application guidance because 1919.51 limits applicability to relevant provisions and OSHA oversight ensures consistent interpretation.

You should document a clear, written rationale explaining why the specific provision does not apply to your device, reference the relevant language in the cited section(s), retain any supporting technical data, and be prepared to present that documentation if OSHA requests it during review. See 1919.51 and consult the applicable sections (for example, 1919.8) for the procedural expectations.

• Good documentation helps speed review and reduces the risk of misinterpretation; when in doubt, seek OSHA clarification because some standards referencing Part 1919 may strictly require accredited certification (see the Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26).