Understanding OSHA s Crane Personnel Qualification Requirements

Transcription

1 Understanding OSHA s Crane Personnel Qualification Requirements What a Simple Read of 29 CFR Subpart CC May NOT Tell You Graham Brent, Executive Director National Commission for the Certification of Crane Operators (NCCCO) Overview of Presentation Scope of Federal Rule Crane Operator Certification/Qualification Certification Criteria Maintenance & Repair Employee Qualification Impact on State Regulations Signalperson Qualification Rigger Qualification Training Industry Concerns 2 OSHA Rule Timeline : Advanced Notice of Proposed Rulemaking : 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 Expires 1

2 Federal Proposed Rule (CDAC) Scope Definitions Ground Conditions Assembly/Disassembly Power Line Safety Inspections Wire Rope Safety Devices/Operational Aids Operation Signals Fall Protection Work Area Control Keeping Clear of the Load Free Fall and Controlled Load Lowering Qualifications and Training of Operators, Signal Persons, Maintenance & Repair Employees Hoisting Personnel Multiple Crane Lifts Design, Construction and Testing Equipment Modifications Tower Cranes, Derricks, Floating Cranes, Overhead Cranes, Pile Drivers, Sideboom Cranes, Equipment </=2,000lbs capacity, Severability 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 : Scope Various Exclusions 5 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 telecom lines Dedicated Drill Rigs But not cranes with drill attachments or piledrivers Articulating Cranes Depends on application 6 2

3 7 Crane Operator Certification/ Qualification Requirements* OSHA OPTION 1: Accredited testing organization OPTION 2: Audited employer qualification program OPTION 3: U.S. military OPTION 4: Licensing by a government entity *Deadline to meet requirements: November 10, 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 9 3

4 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 10 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 11 Audited Employer Program (Option 2) Tests developed by an ATO or approved by an 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 12 4

5 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 13 Certification Criteria OPTION 1: Accredited testing organization OPTION 2: Audited employer qualification program OPTION 3: U.S. military OPTION 4: Government entity license (j) 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 (c)(4) Skills (Practical Test) Shift Inspection criteria Operational skills Application of load chart information Safe shut-down and securing procedures 14 OSHA s Options Matrix (b)-(e) Accredited testing organization Portable YES Valid 5 years Audited employer qualification program NO 5 years US Military license NO Set by issuing entity Government entity license NO Valid only in entity s jurisdiction Set by issuing entity, not > 5 years 15 5

6 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 16 Operator s Trainer 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) 17 Crane Operator Training Transitional Period (c)(2) During the four-year phase in, employers must train and evaluate employees who have not yet been certified/qualified Exempted Crane Operators (c)(3) ALL crane operators must be trained on the safe operation on the equipment the operator will be using Specific Training (c)(4) On friction equipment, testing the boom hoist brake Manufacturer s emergency procedures for halting unintended equipments movement 18 6

7 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, Language and Literacy (h) 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 20 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 21 7

8 Industry Concerns Change in Employer s Responsibilities Role of certification. Equivalent to qualified? 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: Resolved Compliance Clock is Running 22 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 23 OSHA Response April 2-3, Hosted Stakeholder Meetings May 22, Announced intent to extend deadline Buy time in order to fix rule Use rulemaking to do both ACCSH endorsed OSHA s decision Labor/management industry coalition formed to support OSHA rulemaking decision Directorate of Construction begun field research First NPR due by end of June 2013, but

9 OSHA Issues Proposed Rulemaking Deadline for Comments Are You Ready?

10 Are You Ready Now? ? 28 Training Requirements Who must be trained? (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? (g)(1) The employer must EVALUATEeach employee required to be trained under this subpart to confirm that the employee understands the information provided in the training. 29 Certification/Training Costs Who pays for the certification? (a)(4) Whenever operator qualification or certification is required, the employer must provide the qualification or certification at no costto operators who are employed by the employer. Who pays for the training? (g)(3) Whenever training is required, the employer must provide the training at no costto the employee

11 Proposed Amendments Forklifts Change language so they must be equipped with a telescoping boom and hoist to be covered by the rule Proximity Alarms/Insulated Links Change requirements since neither type has been accepted by a nationally recognized testing laboratory as required by the rule Power Line Clearance Clarify meaning of demarcation of boundary ; standardize on minimum clearance distance Add Omitted Definitions Digger derrick, duty cycle, multi-purpose machine, repetitive lifts Materials Delivery Exclusion Clarify when articulating cranes used in materials delivery are excluded Hand Signals Amend Appendix A to correct an error in chart Grammatical Revisions Restore must in certain places where it had been replaced by shall Impact on State Regulations 17 states currently have operator certification/licensing requirements Federal States must meet or exceed OSHA s Federal Floor May retain stricter requirements Largest change will be exclusions Deadline for compliance: February 9, U.S. Licensing Requirements 1996 WA ME OR** NV ID UT MT WY CO ND SD NE KS MN WI IA IL MO MI OH IN KY WV VT NH NY MA CT NJ* RI PA MD DE VA CA TN NC AZ NM OK AR MS AL GA SC TX LA AK FL HI 2009 National Commission for the Certification of Crane Operators (NCCCO) : State Licensing Program : Licensing not legislated *Long Boom License Only **Mandatory Training Requirement Only 33 11

12 U.S. Licensing Requirements 2014 WA ME OR** NV ID UT MT WY CO ND SD NE KS MN WI IA IL MO MI OH IN KY WV VT NH NY MA CT NJ RI PA MD DE VA CA TN NC AZ NM OK AR MS AL GA SC TX LA AK FL : Recognize or require CCO Certification by law HI : Legislation proposed (recognizes CCO Certification) : CCO Certification not recognized in legislation 2013 National Commission for the Certification of Crane Operators (NCCCO) : Licensing not required **Mandatory Training Requirement Only 34 Going Above and Beyond Washington State Experience Requirement, Rigger Qualifications Maryland Rigger Training Requirement; Rigger Levels California General Industry also included Philadelphia Certified Signalperson and Riggers New York City Experience Requirement, friction crane distinction 35 State/Local Requirements California* Connecticut Hawaii* Maryland* Massachusetts Montana* Minnesota* Nevada* New Jersey* New Mexico* New York Oregon Pennsylvania* Rhode Island Utah* Washington* West Virginia* City Requirements Chicago District of Columbia New Orleans* New York City* Omaha* Philadelphia* Asterisk (*) = Adopted or Recognizes CCO Certification; Red type = Recent Legislative Activity 36 12

13 Recent Regulatory Activity Recent Regulatory Activity WA ME OR** NV ID UT MT WY CO ND SD NE KS MN WI IA IL MO MI OH IN KY WV VT NH NY MA CT NJ* RI PA MD DE VA CA TN NC AZ NM OK AR MS AL GA SC TX LA AK FL HI 2014 National Commission for the Certification of Crane Operators (NCCCO) 37 Federal Rule Resources Compliance Assistance Guide for Small Business Fact Sheets OSHA PowerPoint Presentation Frequently Asked Questions (rev. May 10, 2012) Final Rule documents (especially the Preamble) NCCCO Guide to OSHA s Personnel Certification and Qualification Requirements Contact Us: Graham Brent, gbrent@nccco.org or ext