OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1919.6

Accreditation application requirements

1919 Subpart B

20 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.6(a)(1), who is eligible to apply for accreditation to issue registers, certificates, maintain records, and conduct surveys?

A person is eligible to apply for accreditation only if they are engaged in one or more of the listed maritime activities in 1919.6(a)(1). Specifically, the applicant must be actively involved in at least one of these: classification of vessels, certification of vessels' cargo gear, shipbuilding or ship repairing related to cargo handling gear, or unit and loose gear testing of vessels' cargo handling gear. See 1919.6(a)(1).

Under 1919.6(a)(1)(ii), what does "certification of vessels' cargo gear" mean for an accreditation applicant?

Certification of vessels' cargo gear means the applicant performs the inspections, tests, and issues certificates that verify cargo handling gear meets regulatory or design requirements. An applicant claiming accreditation under 1919.6(a)(1)(ii) must actually carry out those certification activities as part of its business to be eligible for accreditation under that paragraph.

Under 1919.6(a)(2), who must meet the 1,500-hour threshold and when does it apply?

The 1,500-hour requirement applies to applicants under 1919.6(a)(1) who seek accreditation for cargo gear certification or unit/loose gear testing and who operate in coastal or Great Lakes ports. Those applicants "who come within paragraph (a)(1)(ii) or (iv)" must conduct at least 1,500 hours of cargo gear certification work per year to be accredited; see 1919.6(a)(2).

Under 1919.6(b), what activities must an applicant be engaged in to be accredited to test loose gear or wire rope or to perform heat treatments?

To be accredited under 1919.6(b) an applicant must be engaged in one or both of the activities listed: testing of loose gear or wire rope, and/or heat treatment of chains and loose cargo gear. In short, the applicant must actually perform those testing and/or heat-treatment services as part of its operations; see 1919.6(b) and 1919.6(b)(1)1919.6(b)(2).

Under 1919.6(c)(1), what does "staffed by individuals technically qualified" require for an accreditation applicant?

An applicant must employ or have access to individuals who are technically qualified to perform the inspections, examinations, tests, and heat treatments described in Part 1919. This means staff (and any representatives, agents, or surveyors acting in ports where operations occur) must have the technical training and demonstrated competence to perform and supervise the required work; see 1919.6(c)(1). The OSHA interpretation on accreditation and competent persons explains that competency is based on the employer’s assignment, demonstrated ability to identify hazards, and authority to take corrective action, which supports the need for demonstrable qualifications and experience (see OSHA letter on Competent person accreditation procedures).

Under 1919.6(c)(2), can an applicant be accredited to perform nondestructive examinations separately from other certification activities?

Yes; accreditation to conduct nondestructive examination (NDE) may be granted separately if the applicant is found competent and properly equipped to carry out those NDE activities. The rule explicitly allows accreditation for NDE where it is part of certification activity, provided competence and equipment are demonstrated; see 1919.6(c)(2).

Under 1919.6(d), what scope of Part 1919 requirements must an applicant be prepared to carry out?

An applicant for accreditation as specified in 1919.6(a) must be prepared to carry out all of the requirements of subparts C, D, and E of Part 1919, except that loose gear and wire rope tests and heat treatments may be performed by the gear manufacturer or by another person accredited specifically for those tests. The applicant must therefore be ready to meet the full survey, inspection, and certification responsibilities in those subparts, subject to the exceptions noted; see 1919.6(d). Also review applicable exceptions in 1919.1(c) and possible exemptions under 1919.10(h).

Under 1919.6(e), what do "satisfactory record of performance" and "sound financial condition" mean for an applicant?

An applicant must demonstrate a satisfactory history of performing the types of inspections, tests, and certifications for which accreditation is sought and show it has sufficient financial stability to carry out its accreditation obligations. In practical terms this means providing performance records, client references, examples of issued certificates/registers, and financial statements or proof of solvency; see 1919.6(e).

Under 1919.6(a)(1)(iii), how closely must shipbuilding or ship repairing work be tied to cargo handling gear to qualify an applicant?

Shipbuilding or ship repairing qualifies under 1919.6(a)(1)(iii) only insofar as the work is related to vessels' cargo handling gear; general shipbuilding or repair unrelated to cargo gear does not satisfy this eligibility criterion. The applicant must demonstrate that its shipbuilding/repair activities specifically address cargo-handling gear to be eligible under 1919.6(a)(1)(iii).

Under 1919.6(a)(1)(iv), what is meant by "unit and loose gear testing of vessels' cargo handling gear"?

"Unit and loose gear testing" refers to testing individual (unit) cargo gear components and loose gear (such as chains, slings, and fittings) used with vessels’ cargo handling systems to confirm they meet required safety and performance standards. Applicants accredited under 1919.6(a)(1)(iv) must perform these tests as part of their operations.

Under 1919.6(b)(2), what must an applicant demonstrate to be accredited for heat treatment of chains and loose cargo gear?

An applicant must demonstrate that it actually performs heat treatment operations and that it has the competence, facilities, equipment, and procedures to do them safely and effectively. Accreditation under 1919.6(b)(2) requires evidence of practical experience and appropriate equipment for heat treatment of chains and loose cargo gear.

Under 1919.6(a)(2), how should an applicant count hours toward the 1,500-hour cargo gear certification requirement?

An applicant must show it conducts at least 1,500 hours per year of cargo gear certification work when seeking accreditation in coastal or Great Lakes ports under 1919.6(a)(2). The regulation requires the annual hours of cargo gear certification work; employers should document when and how those hours were spent (e.g., logs, invoices, or work orders) to demonstrate compliance with 1919.6(a)(2).

Under 1919.6(c)(1), do representatives, agents, or surveyors acting on behalf of an applicant need the same qualifications as the applicant’s staff?

Yes; any representatives, agents, or surveyors acting for an applicant in ports where operations are conducted must be similarly technically qualified to perform the required inspections, examinations, tests, and heat treatments. The regulation explicitly requires that such personnel be similarly qualified; see 1919.6(c)(1).

Under 1919.6(d), how do the exceptions in 1919.1(c) and possible exemptions under 1919.10(h) affect an accreditation applicant’s obligations?

Exceptions in 1919.1(c) and exemptions under 1919.10(h) can reduce the specific Part 1919 requirements an applicant must meet; however, except for those noted exceptions and granted exemptions, applicants must be prepared to carry out all requirements of subparts C, D, and E per 1919.6(d). Applicants should review those cited provisions to determine whether any specific obligations are relieved.

Under 1919.6, can an applicant seek accreditation for only some of the activities listed in 1919.6(a)(1) rather than all of them?

Yes; an applicant may be accredited if it is engaged in one or more of the activities listed in 1919.6(a)(1). Accreditation is not limited to applicants who perform all listed activities; being engaged in at least one qualifying activity (classification, certification of cargo gear, related shipbuilding/repair, or unit/loose gear testing) satisfies the eligibility criterion in 1919.6(a)(1).

Under 1919.6, if a gear manufacturer conducts loose gear and wire rope tests or heat treatments, can an applicant still be accredited without performing those tests?

Yes; under 1919.6(d) an applicant need not personally perform loose gear and wire rope tests or heat treatments if those tests are carried out by the manufacturer of the gear or by another person accredited specifically for that purpose. However, the applicant must still be prepared to meet the other applicable requirements of subparts C, D, and E; see 1919.6(d).

Under 1919.6(e), what kinds of documentation can help show a "satisfactory record of performance" for accreditation?

Documentation that supports a satisfactory record of performance can include examples of registers and certificates previously issued, client references, inspection and test reports, evidence of completed surveys (initial, annual, quinquennial), and any corrective action records. Such documentation demonstrates practical experience and competence as required by 1919.6(e).

Under 1919.6(c)(2), what evidence should an applicant present to show competence and equipment for nondestructive examination accreditation?

An applicant seeking accreditation for nondestructive examination should provide evidence of trained and experienced NDE personnel, descriptions of NDE equipment and calibration/maintenance records, procedures and qualifications, and examples of NDE reports demonstrating capability. The regulation requires applicants be "found competent and equipped" to carry out NDE activities; see 1919.6(c)(2).

Under 1919.6(b)(1), what practical facility or equipment elements should an applicant have to be accredited for testing loose gear or wire rope?

An applicant should have appropriate test rigs or equipment capable of applying the required test loads, calibrated load measuring instruments, secure fixtures for unit and loose gear, test procedures, and records systems. While 1919.6(b)(1) only requires the applicant be engaged in testing of loose gear or wire rope, practical accreditation reviews will look for suitable equipment, written procedures, and competency to perform tests; see 1919.6(b)(1).

Under 1919.6(c)(1) and the 1977 OSHA interpretation on competent person accreditation procedures, how should an applicant demonstrate the competence of its personnel and agents?

An applicant should demonstrate competence by documenting staff training, certifications, on-the-job experience, examples of work performed, and employer assignment/authorization to act as competent persons. The regulation requires technically qualified personnel and similar qualifications for agents and surveyors (1919.6(c)(1)), and the OSHA interpretation on Competent person accreditation procedures explains that competency is based on demonstrated ability to identify hazards, perform duties, and authority to correct hazards.