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OSHA 1919.81

Bulk cargo spout examination

Subpart H

19 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.81(a), which parts of a bulk cargo spout or sucker must be examined annually?

Under 1919.81(a), the portions of bulk cargo loading or discharging spouts or suckers that extend over vessels must be examined annually, along with any portable extensions, rigging components, outriggers, and the attachment points that support them (or any of their components) vertically.

  • This means the spout/sucker sections over the ship, any detachable extensions, the ropes/chains/hardware used to rig them, outriggers used to stabilize them, and the points where those assemblies attach must be inspected each year.

(See the full standard text in 1919.81(a).)

Under 1919.81(a), how often must the annual examination occur for bulk cargo spouts or suckers?

The annual examination must be performed at least once every 12 months, as required by 1919.81(a).

  • The standard sets a minimum frequency of one complete examination per year for the covered components; if conditions (use, environment, damage) warrant more frequent inspections, an accredited person should require them.

Under 1919.81(a), who must carry out the annual examination of spouts or suckers and their components?

1919.81(a) requires that the equipment be examined and that it must be considered satisfactory only if an accredited person or the accredited person’s authorized representative deems it fit to serve its intended function.

  • An "accredited person" is the qualified individual authorized to certify material handling devices under Part 1919; OSHA has previously explained that certain maritime material-handling devices must be certified by persons accredited under Part 1919 (LOI Apr 26, 1977).

  • The accredited person may use an authorized representative to perform the examination, but the accredited person (or their delegate) must form and record the professional opinion that the equipment is fit.

Under 1919.81(a), what specific items should the annual examination pay particular attention to?

The annual examination must give particular attention to the condition of wire rope and accessories, as stated in 1919.81(a).

  • "Accessories" includes fittings, clips, thimbles, ferrules, sockets, end fittings, and similar hardware associated with the wire rope and its anchorage.

  • While the standard calls out wire rope and accessories explicitly, the accredited person should also evaluate the portable extensions, rigging components, outriggers, and attachment points identified in the same paragraph.

Under 1919.81(a), are portions of spouts or suckers that do not extend over vessels required to be examined annually?

No; 1919.81(a) specifically requires annual examination of those portions that extend over vessels and the listed supporting items (portable extensions, rigging, outriggers, and attachment points) that support them vertically.

  • Components of the spout or sucker that do not extend over vessels are not covered by this paragraph’s annual-exam requirement, though other standards or employer policies may require inspection of those parts.

Under 1919.81(a), if an accredited person determines a spout or sucker is not fit, can it still be used?

No; 1919.81(a) states the equipment shall not be considered satisfactory unless, in the opinion of the accredited person or authorized representative, it is fit to serve its intended function.

  • If the accredited person deems the equipment unfit, it must be taken out of service until repaired or modified and re-examined and approved by the accredited person.

Under 1919.81(a), does the standard require a formal written record or certificate of the annual examination?

1919.81(a) requires the accredited person’s opinion that the equipment is fit, but the paragraph itself does not specify the format or retention period for a written record or certificate.

  • However, certification by an accredited person is commonly documented in writing for proof of inspection and to show that an accredited person made the determination; OSHA guidance on accreditation of certifying persons for maritime equipment also recognizes the role of accredited persons in certification (LOI Apr 26, 1977). Employers should keep documentation consistent with their compliance and verification practices.

Under 1919.81(a), does the annual examination need to include destructive or load testing of spouts or rigging?

No; 1919.81(a) requires an annual examination with particular attention to wire rope and accessories, but it does not mandate destructive or periodic load testing.

  • An accredited person may determine additional tests (including load tests) are necessary to form an opinion that equipment is fit; otherwise, the basic requirement is a careful annual examination as performed or directed by the accredited person.

Under 1919.81(a), can an accredited person delegate the annual examination to an "authorized representative," and who determines that authorization?

Yes; 1919.81(a) explicitly allows the accredited person’s authorized representative to make the fitness determination.

  • Authorization is a responsibility of the accredited person (and consistent with employer oversight); OSHA has recognized that employers assign or approve competent or accredited persons for certification of maritime material handling devices (LOI Apr 26, 1977).

  • The accredited person remains responsible for the opinion and any certifications issued.

Under 1919.81(a), what does the phrase "fit to serve its intended function" mean in practical terms?

"Fit to serve its intended function" under 1919.81(a) means the accredited person must be satisfied that the spout/sucker and its supporting components are safe and reliable for the specific loading or unloading tasks they will perform.

  • In practice, this means the accredited person inspects for defects, excessive wear, corrosion, broken strands in wire rope, damaged fittings, loose or compromised attachment points, and any condition that could cause failure during normal operation.

  • The accredited person uses professional judgment to decide whether the equipment can perform its intended cargo-handling function without undue risk.

Under 1919.81(a), does the annual exam apply to portable extensions when they are not attached to the spout or sucker?

Yes; 1919.81(a) requires examination of "any portable extensions" that extend over vessels.

  • Whether attached or not, portable extensions that are part of the system used to extend the spout/sucker over a vessel should be examined at least annually because they are listed explicitly among the items covered by the paragraph.

Under 1919.81(a), are attachment points that support components horizontally required to be examined, or only those supporting vertically?

1919.81(a) specifically calls for examination of "attachment points supporting them or any of their components vertically."

  • The text emphasizes vertical-support attachment points; attachment points that primarily support horizontally are not explicitly covered by this paragraph. Nevertheless, an accredited person may choose to inspect other attachment points if they affect the safe functioning of the spout/sucker.

Under 1919.81(a), must the annual examination be purely visual or can it include hands-on checks and measurements?

1919.81(a) requires an examination but does not limit the methods to visual inspection only.

  • The accredited person (or authorized representative) may use visual, tactile, or measurement checks and other non-destructive techniques as needed to form an informed opinion about the condition of the wire rope, accessories, rigging, outriggers, attachment points, and portable extensions.

Under 1919.81(a), does the standard provide numeric replacement criteria (e.g., number of broken wires) for wire rope condition?

No; 1919.81(a) does not include numeric failure or replacement criteria (such as a specific number of broken wires).

  • Instead, the standard requires that the accredited person evaluate the condition and determine whether the equipment is fit for use. Employers should follow manufacturer guidance and recognized industry practices for specific replacement criteria when available, and rely on the accredited person’s professional judgment when such guidance is absent.

Under 1919.81(a), if a spout's wire rope is repaired between annual inspections, does the accredited person need to re-examine it before use?

Yes; any repair that affects the condition or integrity of the spout, rigging, wire rope, or supporting components should be evaluated by the accredited person (or authorized representative) to determine fitness for use before returning the equipment to service, consistent with the requirement in 1919.81(a) that equipment be deemed fit by the accredited person.

  • The accredited person’s approval should be obtained after significant repairs or modifications.

Under 1919.81(a), does the requirement apply when private contractors operate the spouts or suckers on behalf of the terminal operator?

Yes; 1919.81(a) applies to the equipment itself regardless of who operates it.

  • The entity responsible for equipment maintenance and safety (employer, terminal operator, or contractor under contract terms) must ensure the annual inspection by an accredited person is completed and that equipment is declared fit before use. Employers should assign responsibility contractually and maintain documentation of compliance.

Under 1919.81(a), can the accredited person be an employee of the company that owns the equipment, or must they be independent?

1919.81(a) requires an accredited person’s opinion but does not specify that the accredited person must be independent of the equipment owner.

  • OSHA precedent clarifies that employers assign or approve accredited or competent persons for certification functions under Part 1919 (LOI Apr 26, 1977). Therefore, an employer’s qualified and accredited employee may perform the exam, provided they meet accreditation requirements and can objectively determine fitness.

Under 1919.81(a), does the standard cover outriggers and their supporting structures even if they are part of the shore structure rather than the spout assembly?

Yes; 1919.81(a) explicitly includes outriggers and the attachment points that support them (or any of their components) vertically in the annual examination requirement.

  • That means outriggers—whether integral to the spout assembly or attached to a shore structure—must be inspected annually when they support the over-vessel portions of spouts or suckers.

Under 1919.81(a), if an annual exam is done by an authorized representative, does the accredited person still have to sign off?

Yes; 1919.81(a) permits examination by an accredited person’s authorized representative, but the accredited person remains responsible for the determination that the equipment is fit.

  • In practice, that means the accredited person should review and accept the representative’s findings and provide the final certification or approval, consistent with the accreditation responsibilities described in OSHA guidance (LOI Apr 26, 1977).