1. ARE YOU READY FOR 11/10/14? What a Simple Read of OSHA’s Personnel Qualification Rules May NOT Tell You.

2. 2 Overview of Presentation Scope of Federal Rule Crane Operator Certification/Qualification Certification Criteria Operator-in-Training Maintenance & Repair Employee Qualification Language & Literacy What’s Not in the Rule Impact on State Regulations Signalperson Qualification Rigger Qualification Training Industry Concerns

3. OSHA Rule Timeline 1992-2014 1992: Advanced Notice of Proposed Rulemaking 2000-2002: Subpart N Work Group Meets 2002: OSHA announces intent to use Negotiated Rulemaking 2003, July: First CDAC Meeting 2004, July: Final CDAC Meeting 2004, October: ACCSH Supports C-DAC Consensus Document 2006, October: SBARP Report Submitted 2008, Office of Management & Budget Review Finalized 2008, October: Proposed Rule Published 2009, March: Public Hearings held at Department of Labor 2009, June: Final Submission of Written Comments 2010, August 9: Final Rule Published 2010, November 8: Effective Date 2014, November 10: Four-Year Phase-In for Operators Expires

4. Federal Proposed Rule (CDAC) 1926.1400 Scope 1926.1401 Definitions 1926.1402 Ground Conditions 1926.1403-1406 Assembly/Disassembly 1926.1407-1411 Power Line Safety 1926.1412 Inspections 1926.1413-1414 Wire Rope 1926.1415-16 Safety Devices/Operational Aids 1926.1417-1418 Operation 1926.1419-22 Signals 1926.1423 Fall Protection 1926.1424 Work Area Control 1926.1425 Keeping Clear of the Load 1926.1426 Free Fall and Controlled Load Lowering 1926.1427-1430 Qualifications and Training of Operators, Signal Persons, Maintenance & Repair Employees 1926.1431 Hoisting Personnel 1926.1432Multiple Crane Lifts 1926.1433 Design, Construction and Testing 1926.1434 Equipment Modifications 1926.1435-1442 Tower Cranes, Derricks, Floating Cranes, Overhead Cranes, Pile Drivers, Sideboom Cranes, Equipment </=2,000lbs capacity, Severability

5. 5 Scope of Federal Rule Cranes and Derricks in Construction –OSHA Letters of Interpretation Construction vs. Maintenance Operator Certification/Qualification –More than 2000 lbs. of maximum rated lifting capacity –Excluded: Derricks, Sideboom cranes, Other Partial Cranes Covered –OSHA 1926.1400: Scope –Various Exclusions

6. 6 Exclusion Examples Excavators, Backhoes, Power Shovels –Including use with chains, slings, and other rigging Aerial Work Platforms Forklifts –Except when equipped with winch or hook Overhead Cranes –Permanently installed Digger Derricks –Work related to poles carrying electric and telecommunication lines Articulating Cranes –Depends on application

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8. 8 Crane Operator Certification/ Qualification Requirements* OPTION 1: –Accredited testing organization OPTION 2: –Audited employer qualification program OPTION 3: –U.S. military OPTION 4: –Licensing by a government entity OSHA 1926.1427 *Deadline to meet requirements: November 10, 2014

9. 9 Option 3: U.S. Military Applies only to employees of the U.S. Military An employee of the U.S. Military IS –A Federal employee of the Department of Defense or Armed Forces An employee of the U.S. Military IS NOT –An employee of a private contractor

10. 10 Qualification Through Certification Testing Organization (Option 1) –Accredited (e.g. NCCA or ANSI) –Administers Written and Practical Tests Assess knowledge and skills Provide different levels of certification based on equipment capacity and type –Retesting and Recertification Procedures –Accreditation reviewed at least every three years

11. 11 Features of Certification An operator will be deemed qualified if [(s)he] is certified for that type and capacity of equipment If none available then certified for the type/capacity that is most similar Portable Valid for five (5) years

12. 12 Audited Employer Program (Option 2) Tests developed by an ATO or approved Auditor (not an employee) certified by an ATO Approval based on: –Written and practical tests meet nationally recognized development criteria –Tests are valid and reliable –Audit meets nationally recognized audit standards –Requalification provision Audit covers test administration also Conducted within 3 months, and every 3 years

13. 13 Audited Employer Program Deficiencies –No operator to be qualified until corrected –Auditor files report with OSHA Regional Office within 15 days –Program re-audited with 180 days of correction Audit Records –Maintained by Auditor for 3 years –Available to OSHA on request Qualification not portable Valid for five (5) years

14. 14 Certification Criteria OPTION 1: Accredited testing organization OPTION 2: Audited employer qualification program OPTION 3: U.S. military OPTION 4: Government entity license Knowledge (Written Test) –Controls/performance characteristics –Calculate load chart capacity –Preventing power line contact –Ground support –Read and locate info in operating manual –Appendix C subjects –1926.1430(c)(4) Skills (Practical Test) –Shift Inspection criteria –Operational skills –Application of load chart information –Safe shut-down and securing procedures 1926.1427(j)

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16. 16 Accredited testing organization YES5 years Audited employer qualification program NO5 years US Military licenseNOSet by issuing entity Government entity license NO Valid only in entity’s jurisdiction Set by issuing entity, not > 5 years PortableValid OSHA’s Options Matrix 1926.1427 (b)-(e)

17. 17 Operator-in-Training Employer must provide “sufficient training” Tasks limited to the operator’s ability Exclude certain activities (e.g. close to powerlines, hoisting personnel) Must be continuously monitored by an operator’s trainer

18. 18 Operator’s Trainer Not an employee or agent of the employer Certified operator or at least passed written tests Familiar with the crane controls Has no other distracting tasks In direct line of sight Communication (verbally or via hand signals) Short hourly breaks permitted (up to 15 mins)

19. 19 Maintenance & Repair Employee Qualifications Operation of equipment limited to functions necessary to perform their work Requires one of the following: –Direct supervision by certified/qualified operator –Individual is familiar with operation, limitation, characteristics and hazards associated with the type of equipment Must be a qualified person Effective Date: November 8, 2010 1926.1429

20. 20 Language and Literacy Verbal (oral) tests may be administered to the operator. However the candidate… –Must pass a written demonstration of literacy relevant to work –Demonstrate the ability to use written manufacturer procedures (operator manuals) Tests may be administered in any language the operator understands. However... –Certification card must note the language –Operator must be furnished with operators manuals and load charts in the same language 1926.1427 (h)

21. 21 Absent From Rule Physical Requirements –Vary too widely –Not a factor in crane accidents –Difficulty in educating physicians Substance Abuse Testing –Potential undermining of employer programs

22. 22 Crane Operator Training Transitional Period – 1926.1430(c)(2) –During the four-year phase in, employers must train and evaluate employees who have not yet been certified/qualified Exempted Crane Operators – 1926.1430(c)(3) –ALL crane operators must be trained on the safe operation on the equipment the operator will be using Specific Training – 1926.1430(c)(4) –On friction equipment, testing the boom hoist brake –Manufacturer’s emergency procedures for halting unintended equipments movement

23. 23 Impact on State Requirements 17 states currently have operator certification and/or licensing requirements –Must meet or exceed OSHA State Plan States must be “at least as effective” Non-State Plan States must meet “Federal Floor” –Biggest difference is in exclusions –May retain stricter requirements

24. 24 HI : Recognize or require CCO Certification by law ██ : Recognize or require CCO Certification by law : CCO Certification not recognized in legislation ██ : CCO Certification not recognized in legislation : Licensing not required ██ : Licensing not required **Mandatory Training Requirement Only WA MT ND SD NE KS OK TX MN CA NV AZ UT OR** ID WY CO NM IA MO WI MI IL IN NY PA OH WV AR LA MS AL GA FL NC SC TN VA KY VT NH ME MA NJ CT RI MD AK DE Impact on State Requirements

25. 25 Going Above and Beyond Washington State –Experience Requirement, Rigger Qualifications Maryland –Rigger Training Requirement; Rigger Levels California –General Industry Philadelphia –Certified Signalperson and Riggers New York City –Experience Requirement

26. 26 Signal Person Requirements All workers who will participate in signaling or flagging a crane, giving direction as to where and what will be lifted, must be qualified –Point of operation not in full view of operator –View of direction of travel is obstructed –Site-specific safety conditions 1926.1419(a)

27. 27 Signal Person Qualifications OPTION 1: –Third Party qualified evaluator Portable Documentation required –Certification meets this requirement OPTION 2: –Employer ’ s qualified evaluator Non-Portable Documentation required 1926.1428(a)

28. 28 Qualified Evaluator Qualified Evaluator (third party) –An entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the Qualification Requirements in this subpart for a signal person. Qualified Evaluator (not a third party) –A person employed by the signal person’s employer who has demonstrated that he/she is competent in accurately assessing whether individuals meet the Qualification Requirements in this subpart for a signal person. 1926.1401

29. 29 Third-Party Qualified Evaluator 2 Letters of Interpretation: –Can apprenticeship training programs serve as a qualified evaluator? –Ironworker Apprenticeship Certification Program –Carpenters International Training Fund –“labor-management joint apprenticeship training programs that train and assess signal persons would typically meet the definition for a third-party qualified evaluator.” [75 Federal Register 48029, Aug. 9, 2010] 1926.1401

30. 30 Qualification Requirements Know and understand types of signals Be competent in application of types of signals Basic understanding of equipment operations and limitations, swinging and stopping loads, boom deflection Understand general requirements in OSHA Oral or written test Practical test Documentation must include which type of signaling the signal person is qualified Effective Date: November 8, 2010 1926.1428(c)

31. 31 Signaling Requirements Method of signals must be agreed upon –Hand, voice, radio, audible, special signals Anyone can give a stop or emergency signal For voice signals, must be through a dedicated channel Operator, signal person and lift director (if there is one) must be able to communicate in the language used.

32. 32 Rigger Qualifications 1926.1401: Definitions: A qualified rigger is defined as a qualified person –Qualified Person: a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training and experience, successfully demonstrated the ability to solve/resolve problems relating to the subject matter, the work, or the project. A qualified rigger is required for certain conditions –During assembly/disassembly –Employees within the “fall zone” (1926.1401) Effective Date: November 8, 2010

33. 33 Other Personnel Lift Director –Mentioned 3 times (1926.1419, 1421, 1432) –No official definition in Subpart CC Crane Inspectors –Competent Person –Qualified Person –Required qualification is dependent upon type of inspection

34. Letters of Interpretation A least 8 letters of interpretation issued for Subpart CC Examples: –Letter clarifying when forklifts with boom attachments are covered (June 21, 2012) –Letter clarifying when operator certification requirements apply to mechanics, inspectors or testers performing inspections or assembly/disassembly (March 13, 2012) 34

35. 35 Training Requirements Who must be trained? –1926.1430(d) The employer must train each competent and qualified person applicable to their role Who are Competent and Qualified persons? –Operators, Signal persons, Riggers, Maintenance and Repair employees, Inspectors, A/D directors How is this verified? –1926.1430(g)(1) The employer must EVALUATE each employee required to be trained under this subpart to confirm that the employee understands the information provided in the training.

36. 36 Certification/Training Costs Who pays for the certification? –1926.1427(a)(4) Whenever operator qualification or certification is required, the employer must provide the qualification or certification at no cost to operators who are employed by the employer. Who pays for the training? –1926.1430(g)(3) Whenever training is required, the employer must provide the training at no cost to the employee.

37. 37 Industry Concerns American Public Power Association American Wind Energy Association Associated Builders and Contractors Associated Equipment Distributors Associated General Contractors Association of Equipment Manufacturers Brick Industry Association Building and Construction Trades Dept. AFL-CIO CPWR Center for Construction Workforce and Training Edison Electric Institute General Electric Corporation House of Representatives Education and Workforce Committee House of Representatives Small Business Committee International Union of Operating Engineers Ironworkers International Manitowoc Cranes National Association of Home Builders National Electric Contractors Association National Propane Gas Association National Rural Electric Cooperatives Association NBIS Small Business Administration Specialized Carriers & Rigging Association Steel Erectors Association of America TAUC The Association of Union Constructors

38. 38 Industry Concerns Certification based on “type and capacity” –Fiscal impact –Equipment availability –Additional testing Status of Operators Certified prior to publication of the Rule AND any interpretations Requirements for Recertification Change in Employer’s Responsibilities –Role of certification “Compliance Clock” is Running

39. 39 Are You Ready? 11.10.14

40. 40 Resources www.osha.gov/cranes-derricks/index.html –Small Entity Compliance Guide –Fact Sheets (5) –OSHA PowerPoint Presentation –Frequently Asked Questions (rev. May 10, 2012) –Letters of Interpretation –Final Rule documents (especially the Preamble) –Compliance Directive (in preparation) http://www.nccco.org/training/OSHARuleResources.html www.nccco.org Matthew Shaw, mshaw@nccco.org 703/560-2391 ext. 210mshaw@nccco.org Graham Brent, gbrent@nccco.org or 703/560-2391 ext. 205gbrent@nccco.org