Subpart H
Yes. Under 1919.60(a) the Assistant Secretary may, in his discretion, grant exemptions or variations from any provision of subpart H where practical difficulties or unnecessary hardship exist. See the full text at 1919.60(a).
All functions required by subpart H must be carried out by, or under the supervision of, a person who is accredited for that purpose or by that accredited person's authorized representative, except where the part specifically notes otherwise. See 1919.60(b).
Yes. 1919.60(c) requires that unit proof load tests be carried out using weights as a dead load, and allows dynamometers or other recording test equipment only where use of dead weights is not possible. The regulation also requires calibration and accuracy checks for recording equipment used.
Recording test equipment owned by an accredited person must have been tested for accuracy within the 6 months preceding the application for accreditation or renewal, and that test must be performed with calibrating equipment traceable to the National Bureau of Standards; copies of those test reports must accompany the accreditation application, per 1919.60(c).
Yes, but only if the owner provides a certificate of accuracy obtained within the year prior to use that states the equipment's errors; otherwise the accredited person must not issue any certificate based on that equipment, as required by 1919.60(c).
Under 1919.60(d), the qualifications of any person appointed or recognized by an accredited person to carry out certification functions must meet with the approval of the Assistant Secretary.
Sections 1919.10(e), 1919.10(g), and 1919.11 govern persons accredited under subpart F to the extent those provisions are applicable, as stated in 1919.60(e).
A copy of the accuracy test reports for the recording test equipment, showing calibration performed with equipment traceable to the National Bureau of Standards, must accompany the accreditation application, in accordance with 1919.60(c).
The accredited person performing the test is responsible for ensuring reasonable standards of accuracy are met and for adjusting proof loads as necessary, according to 1919.60(c).
No. Completion of an apprenticeship program alone does not automatically make someone an accredited or qualified person; the employer or accrediting authority must ensure the person meets the specific competency, training, and proficiency requirements applicable to the tasks, consistent with the principles in 1919.60(b) and the training guidance in OSHA letters such as the Qualified employee training requirements letter (Mar. 26, 1996).
Yes. 1919.60(b) permits functions required by subpart H to be carried out by or under the supervision of an accredited person, meaning non-accredited personnel may perform work when directly supervised by the accredited person or that person's authorized representative.
When using dead weights is not possible, an accredited person may use dynamometers or other recording test equipment, but that equipment must meet the 1919.60(c) calibration and accuracy requirements (tested within the required period and traceable to the National Bureau of Standards), and reasonable accuracy standards must be met and proof loads adjusted as necessary.
Yes, but only if the accrediting person documents that the temporary worker has completed on-the-job training that complies with applicable requirements and has demonstrated proficiency in the necessary work practices; this approach to certification of training and proficiency is consistent with OSHA guidance such as the Qualified employee training requirements letter (Mar. 26, 1996) and with the supervisory/accreditation requirements in 1919.60(b).
The Assistant Secretary must approve the qualifications of any person appointed by an accredited person under 1919.60(d). For additional context on how competent persons are generally assigned by employers, see the OSHA interpretation on assigning competent persons in the Competent person accreditation procedures letter (Apr. 26, 1977).
Yes. If the accredited person uses test equipment that is not their property, they may issue certificates based on that equipment only if the equipment's owner has provided a certificate of accuracy obtained within the year prior to such use, as required by 1919.60(c).