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§ 1926.1427 Operator qualification and certification.
(a) The employer must ensure that, prior to operating any equipment covered under
subpart CC, the person is operating the equipment during a training period in accordance
with paragraph (f) of this section, or the operator is qualified or certified to operate the
equipment in accordance with the following:
(1) When a non-military government entity issues operator licenses for equipment
covered under subpart CC, and that government licensing program meets the requirements of paragraphs (e)(2) and (j) of this section, the equipment operator
must either be:
(i) licensed by that government entity for operation of equipment within
that entity’s jurisdiction; or
(ii) qualified in compliance with paragraph (d) of this section.
(2) Where paragraph (a)(1) of this section is not applicable, the certification or
qualification must comply with one of the options in paragraphs (b) through (d) of
this section.
(3) Exceptions: Operator qualification or certification under this section is not
required for operators of derricks (see § 1926.1436), sideboom cranes (see §
1926.1440), or equipment with a maximum manufacturer-rated hoisting/lifting
capacity of 2,000 pounds or less (see § 1926.1441).
(4) Whenever operator qualification or certification is required under §
1926.1427, the employer must provide the qualification or certification at no cost
to operators who are employed by the employer on November 8, 2010.
(b) Option (1): Certification by an accredited crane operator testing organization.
(1) For a testing organization to be considered accredited to certify operators
under this subpart, it must:
(i) Be accredited by a nationally recognized accrediting agency based on
that agency’s determination that industry recognized criteria for writtentesting materials, practical examinations, test administration, grading,
facilities/equipment and personnel have been met.
(ii) Administer written and practical tests that:
(A) Assess the operator applicant regarding, at a minimum, the
knowledge and skills listed in paragraphs (j)(1) and (2) of this
section.
(B) Provide different levels of certification based on equipment
capacity and type.
(iii) Have procedures for operators to re-apply and be re-tested in the
event an operator applicant fails a test or is decertified.
(iv) Have testing procedures for re-certification designed to ensure that
the operator continues to meet the technical knowledge and skills
requirements in paragraphs (j)(1) and (2) of this section.
(v) Have its accreditation reviewed by the nationally recognized
accrediting agency at least every three years.
(2) An operator will be deemed qualified to operate a particular piece of
equipment if the operator is certified under paragraph (b) of this section for that
type and capacity of equipment or for higher-capacity equipment of that type. If
no accredited testing agency offers certification examinations for a particular type
and/or capacity of equipment, an operator will be deemed qualified to operate that
equipment if the operator has been certified for the type/capacity that is most
similar to that equipment and for which a certification examination is available.The operator’s certificate must state the type/capacity of equipment for which the
operator is certified.
(3) A certification issued under this option is portable and meets the requirements
of paragraph (a)(2) of this section.
(4) A certification issued under this paragraph is valid for 5 years.
(c) Option (2): Qualification by an audited employer program. The employer’s
qualification of its employee must meet the following requirements:
(1) The written and practical tests must be either:
(i) Developed by an accredited crane operator testing organization (see
paragraph (b) of this section); or
(ii) Approved by an auditor in accordance with the following
requirements:
(A) The auditor is certified to evaluate such tests by an accredited
crane operator testing organization (see paragraph (b) of this
section).
(B) The auditor is not an employee of the employer.
(C) The approval must be based on the auditor’s determination
that the written and practical tests meet nationally recognized test
development criteria and are valid and reliable in assessing the
operator applicants regarding, at a minimum, the knowledge and
skills listed in paragraphs (j)(1) and (2) of this section.(D) The audit must be conducted in accordance with nationally
recognized auditing standards.
(2) Administration of tests.
(i) The written and practical tests must be administered under
circumstances approved by the auditor as meeting nationally recognized
test administration standards.
(ii) The auditor must be certified to evaluate the administration of the
written and practical tests by an accredited crane operator testing
organization (see paragraph (b) of this section).
(iii) The auditor must not be an employee of the employer.
(iv) The audit must be conducted in accordance with nationally
recognized auditing standards.
(3) The employer program must be audited within 3 months of the beginning of
the program and at least every 3 years thereafter.
(4) The employer program must have testing procedures for re-qualification
designed to ensure that the operator continues to meet the technical knowledge
and skills requirements in paragraphs (j)(1) and (2) of this section. The requalification
procedures must be audited in accordance with paragraphs (c)(1) and
(2) of this section.
(5) Deficiencies. If the auditor determines that there is a significant deficiency
(“deficiency”) in the program, the employer must ensure that:(i) No operator is qualified until the auditor confirms that the deficiency
has been corrected.
(ii) The program is audited again within 180 days of the confirmation that
the deficiency was corrected.
(iii) The auditor files a documented report of the deficiency to the
appropriate Regional Office of the Occupational Safety and Health
Administration within 15 days of the auditor’s determination that there is a
deficiency.
(iv) Records of the audits of the employer’s program are maintained by
the auditor for three years and are made available by the auditor to the
Secretary of Labor or the Secretary’s designated representative upon
request.
(6) A qualification under this paragraph is:
(i) Not portable. Such a qualification meets the requirements of
paragraph (a) of this section only where the operator is employed by (and
operating the equipment for) the employer that issued the qualification.
(ii) Valid for 5 years.
(d) Option (3): Qualification by the U.S. military.
(1) For purposes of this section, an operator who is an employee of the U.S.
military is considered qualified if he/she has a current operator qualification
issued by the U.S. military for operation of the equipment. An employee of theU.S. military is a federal employee of the Department of Defense or Armed
Forces and does not include employees of private contractors.
(2) A qualification under this paragraph is:
(i) Not portable. Such a qualification meets the requirements of
paragraph (a) of this section only where the operator is employed by (and
operating the equipment for) the employer that issued the qualification.
(ii) Valid for the period of time stipulated by the issuing entity.
(e) Option (4): Licensing by a government entity.
(1) For purposes of this section, a government licensing department/office that
issues operator licenses for operating equipment covered by this standard is
considered a government accredited crane operator testing organization if the
criteria in paragraph (e)(2) of this section are met.
(2) Licensing criteria.
(i) The requirements for obtaining the license include an assessment, by
written and practical tests, of the operator applicant regarding, at a
minimum, the knowledge and skills listed in paragraphs (j)(1) and (2) of
this section.
(ii) The testing meets industry recognized criteria for written testing
materials, practical examinations, test administration, grading,
facilities/equipment and personnel.(iii) The government authority that oversees the licensing
department/office, has determined that the requirements in paragraphs
(e)(2)(i) and (ii) of this section have been met.
(iv) The licensing department/office has testing procedures for relicensing
designed to ensure that the operator continues to meet the
technical knowledge and skills requirements in paragraphs (j)(1) and (2) of
this section.
(3) A license issued by a government accredited crane operator testing
organization that meets the requirements of this option:
(i) Meets the operator qualification requirements of this section for
operation of equipment only within the jurisdiction of the government
entity.
(ii) Is valid for the period of time stipulated by the licensing
department/office, but no longer than 5 years.
(f) Pre-qualification/certification training period. An employee who is not qualified or
certified under this section is permitted to operate equipment only as an operator-intraining
and only where the requirements of this paragraph are met.
(1) The employer must provide each operator-in-training with sufficient training
prior to operating the equipment to enable the operator-in-training to operate the
equipment safely under limitations established by this section (including
continuous monitoring) and any additional limitations established by the
employer.
(2) The tasks performed by the operator-in-training while operating the
equipment must be within the operator-in-training’s ability.
(3) Trainer. While operating the equipment, the operator-in-training must be
continuously monitored by an individual (“operator’s trainer”) who meets all of
the following requirements:
(i) The operator’s trainer is an employee or agent of the operator-intraining’s
employer.
(ii) The operator’s trainer is either a certified operator under this section,
or has passed the written portion of a certification test under one of the
options in paragraphs (b) through (e) of this section, and is familiar with
the proper use of the equipment’s controls.
(iii) While monitoring the operator-in-training, the operator’s trainer
performs no tasks that detract from the trainer’s ability to monitor the
operator-in-training.
(iv) For equipment other than tower cranes: the operator’s trainer and the
operator-in-training must be in direct line of sight of each other. In
addition, they must communicate verbally or by hand signals. For tower
cranes: the operator’s trainer and the operator-in-training must be in direct
communication with each other.
(4) Continuous monitoring. The operator-in-training must be monitored by the
operator’s trainer at all times, except for short breaks where all of the following
are met:(i) The break lasts no longer than 15 minutes and there is no more than
one break per hour.
(ii) Immediately prior to the break the operator’s trainer informs the
operator-in-training of the specific tasks that the operator-in-training is to
perform and limitations to which he/she must adhere during the operator
trainer’s break.
(iii) The specific tasks that the operator-in-training will perform during
the operator trainer’s break are within the operator-in-training’s abilities.
(5) The operator-in-training must not operate the equipment in any of the
following circumstances unless the exception stated in paragraph (f)(5)(v) of this
section is applicable:
(i) If any part of the equipment, load line or load (including rigging and
lifting accessories), if operated up to the equipment’s maximum working
radius in the work zone (see § 1926.1408(a)(1)), could get within 20 feet
of a power line that is up to 350 kV, or within 50 feet of a power line that
is over 350 kV.
(ii) If the equipment is used to hoist personnel.
(iii) In multiple-equipment lifts.
(iv) If the equipment is used over a shaft, cofferdam, or in a tank farm.
(v) In multiple-lift rigging operations, except where the operator’s trainer
determines that the operator-in-training skills are sufficient for this highskill
work.(g) Under this section, a testing entity is permitted to provide training as well as testing
services as long as the criteria of the applicable accrediting agency (in the option
selected) for an organization providing both services are met.
(h) Language and Literacy Requirements.
(1) Tests under this section may be administered verbally, with answers given
verbally, where the operator candidate:
(i) Passes a written demonstration of literacy relevant to the work.
(ii) Demonstrates the ability to use the type of written manufacturer
procedures applicable to the class/type of equipment for which the
candidate is seeking certification.
(2) Tests under this section may be administered in any language the operator
candidate understands, and the operator’s certificate must note the language in
which the test was given. The operator is qualified under paragraph (b)(2) of this
section to operate equipment that is furnished with materials required by this
subpart that are written in the language of the certification. The operator may
only operate equipment furnished with such materials.
(i) [Reserved.]
(j) Certification criteria. Qualifications and certifications must be based, at a minimum,
on the following:
(1) A determination through a written test that:(i) The individual knows the information necessary for safe operation of
the specific type of equipment the individual will operate, including all of
the following:
(A) The controls and operational/performance characteristics.
(B) Use of, and the ability to calculate (manually or with a
calculator), load/capacity information on a variety of
configurations of the equipment.
(C) Procedures for preventing and responding to power line
contact.
(D) Technical knowledge similar to the subject matter criteria
listed in Appendix C of this subpart applicable to the specific type
of equipment the individual will operate. Use of the Appendix C
criteria meets the requirements of this provision.
(E) Technical knowledge applicable to:
(1) The suitability of the supporting ground and surface to
handle expected loads.
(2) Site hazards.
(3) Site access.
(F) This subpart, including applicable incorporated materials.
(ii) The individual is able to read and locate relevant information in the
equipment manual and other materials containing information referred to
in paragraph (j)(1)(i) of this section.(2) A determination through a practical test that the individual has the skills
necessary for safe operation of the equipment, including the following:
(i) Ability to recognize, from visual and auditory observation, the items
listed in § 1926.1412(d) (shift inspection).
(ii) Operational and maneuvering skills.
(iii) Application of load chart information.
(iv) Application of safe shut-down and securing procedures.
(k) Phase-in.
(1) The provisions of this section are applicable November 8, 2010, except for
paragraphs (a)(2) and (f) which are applicable November 8, 2014.
(2) When § 1926.1427(a)(1) is not applicable, all of the requirements in
paragraphs (k)(2)(i) and (ii) of this section apply until November 8, 2014:
(i) The employer must ensure that operators of equipment covered by this
standard are competent to operate the equipment safely.
(ii) Where an employee assigned to operate machinery does not have the
required knowledge or ability to operate the equipment safely, the
employer must train that employee prior to operating the equipment. The employer must ensure that each operator is evaluated to confirm that
he/she understands the information provided in the training.
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