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OSHA 1919.70

Shore-based device certification

Subpart H

21 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.70(a), must certification of shore-based material handling devices follow this subpart or can an employer use different procedures?

Yes — certification of shore-based material handling devices must conform to the requirements in this subpart unless an exemption or variation has been granted. See General provisions in 1919.70(a). Employers may only use different procedures if the Assistant Secretary has granted an exemption or variation under 1919.50(d) or 1919.60(a).

Under 1919.70(b), when must repairs or replacements be made that an accredited person deems necessary?

They must be completed before the device undergoes a proof test. See 1919.70(b), which requires that any replacements or repairs deemed necessary by the accredited person be carried out before application of a proof test.

Under 1919.70(c), what does the term “ton” mean in this subpart?

In this subpart, a “ton” means 2,000 pounds. See 1919.70(c) which explicitly defines a ton as 2,000 pounds.

Under 1919.70(d), can shore-based device ratings be shown in pounds instead of tons?

Yes — ratings for shore-based material handling devices may be stated in pounds rather than tons. See 1919.70(d), which allows ratings to be shown in pounds when applied to shore-based devices.

Under 1919.70(d), if a rating is stated in tons, what must be indicated on the rating?

If a rating is stated in tons, the rating must indicate that the ton equals 2,000 pounds. See 1919.70(d) and the definition in 1919.70(c) that a ton equals 2,000 pounds.

Under 1919.70(b) and related provisions, who decides that a repair or replacement is necessary before a proof test?

An accredited person makes the determination that a repair or replacement is necessary. See 1919.70(b) which specifies that replacements or repairs deemed necessary by the accredited person shall be carried out before a proof test. For background on accreditation procedures and the role of accredited/competent persons, see the interpretation on Competent person accreditation procedures.

Under 1919.70(a), how can an employer obtain an exemption or variation to the certification requirements?

An employer can obtain an exemption or variation only if the Assistant Secretary grants it under the procedures in the standards. See 1919.70(a) and the exemption/variation provisions in 1919.50(d) and 1919.60(a) for the applicable process and conditions.

About 1919.70: does Part 1919 cover shore-based material handling device certification generally, and where is that identified?

Yes — Part 1919 contains the gear certification requirements and Subpart H covers certification of shore-based material handling devices. See the Part page 1919 and the General provisions in 1919.70 which identify Subpart H as the Certification of Shore-Based Material Handling Devices.

Under 1919.70, may an employer label a device in nonstandard units (e.g., metric tons) without further indication?

No — the subpart defines a ton as 2,000 pounds and allows ratings in pounds or tons of 2,000 pounds; any other unit would not satisfy the rule. See 1919.70(c) and 1919.70(d) which require that a ton equals 2,000 pounds and permit ratings in pounds.

Under 1919.70(b), if an accredited person finds worn rigging hardware, can the employer delay repair until after proof testing?

No — the employer must carry out the repairs or replacements the accredited person deems necessary before applying the proof test. See 1919.70(b).

Under 1919.70 and 1919.50, what is the difference between a competent person and an accredited person?

A competent person is generally someone the employer designates who can identify hazards and take corrective action, while an accredited person is one recognized under Part 1919 to perform formal certification duties; accreditation requirements are part of Part 1919. See the OSHA interpretation on Competent person accreditation procedures and the Part definitions and accreditation provisions at 1919 and 1919.50.

Under 1919.70, can ratings be shown only in tons if the owner prefers that format?

No — ratings may be stated in tons or in pounds; if stated in tons, the ton must be indicated as 2,000 pounds. See 1919.70(d) together with 1919.70(c).

Under 1919.70(a) and 1919.60(a), are there formal procedures for requesting a variation from certification rules?

Yes — the standards allow exemptions or variations but only through the formal process set out by the Assistant Secretary and the referenced provisions. See 1919.70(a) and the variation provisions in 1919.60(a).

Under 1919.70(b), does the accredited person personally perform the repairs before proof testing?

No — 1919.70(b) requires that repairs or replacements the accredited person deems necessary be carried out before the proof test, but it does not require the accredited person to perform the work personally; the employer is responsible for ensuring the work is completed. See 1919.70(b). For how accredited and competent roles are assigned, see the interpretation Competent person accreditation procedures.

Under 1919.70, must shore-based device nameplates show numeric capacity exactly as certified?

Yes — nameplates must convey capacity accurately in pounds or in tons defined as 2,000 pounds; if a ton is used, the plate must indicate that the ton equals 2,000 pounds. See 1919.70(d) and 1919.70(c).

Under Part 1919 and 1919.70, where can I read the full certification rules for shore-based handling devices?

Read Part 1919 and Subpart H, which include the certification rules and general provisions for shore-based devices. See the Part overview at 1919 and the general provisions at 1919.70.

Under 1919.70, does the rule say anything about metric conversions for rating plates?

No — the subpart defines a ton as 2,000 pounds and permits ratings in pounds or tons (2,000 lb), so any metric conversion would be supplemental; the regulatory requirement is to state pounds or 2,000-pound tons. See 1919.70(c) and 1919.70(d).

Under 1919.70 and the accreditation interpretation, can an employer rely on an employee’s years of on-the-job experience instead of formal accreditation for certification tasks?

No — formal certification work under Part 1919 must be performed by an accredited person as required by the Part; however, employers may use experienced employees for other tasks if they meet employer-assigned competency requirements. See 1919.70 and the interpretation on Competent person accreditation procedures, which explains employer responsibilities for assigning competent persons and the separate process for accreditation under Part 1919.

Under 1919.70(a), if an employer believes a different test procedure is safer or more appropriate, what should they do?

They should request an exemption or variation from the Assistant Secretary following the procedures in the standards rather than unilaterally adopting a different procedure. See 1919.70(a) and the provisions for exceptions in 1919.50(d) and 1919.60(a).

Under 1919.70, can ratings be shown as gross load instead of working load limit?

The subpart requires ratings to be stated in pounds or in tons of 2,000 pounds; it does not change the requirement to show the appropriate rating type (for example, working load limit) as required elsewhere in Part 1919 or related certification sections. See 1919.70(d) and consult the broader Part 1919 certification requirements at 1919 for specific labeling and rating conventions.

Under 1919.70 and the 1996 training interpretation, does OSHA require that accredited or competent persons complete a formal apprenticeship to be qualified?

No — OSHA does not require completion of a formal apprenticeship program to be considered qualified; qualification depends on demonstrated knowledge and competence for the specific duties. See the interpretation on Qualified employee training requirements for OSHA's explanation that employers must ensure personnel are knowledgeable and competent for the tasks they perform, and see 1919.70(a) for the certification framework in Part 1919.