OSHA certification compliance date extended by three years
OSHA has issued a proposed rule to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. According to OSHA, upon publishing the final rule for cranes and derricks in construction, several entities informed OSHA certification for crane operators was insufficient for determining whether an operator could operate their equipment safely on a construction site. The additional three years would provide time to partially reopen the crane rule to address industry concerns over the “certifying by capacity” requirement and whether OSHA certification is equivalent to qualification.
At issue is whether or not OSHA certification is the only component of qualification an employer has to meet or if an employer must make additional determinations to achieve qualification. Both issues are likely to be addressed in a further rulemaking that would be published by year-end. The proposal would also extend to the same date the existing phase-in requirement that employers ensure their operators are qualified to operate the equipment.
The standard requires crane operators on construction sites to meet one of four certification/qualification options by Nov. 10, 2017. The options are:
- Certification by an independent testing organization accredited by a nationally recognized accrediting organization.
- Qualification by an employer’s independently audited program.
- Qualification by the U.S. military.
- Compliance with qualifying state or local licensing requirements.
In April 2013, there were three stakeholder meetings on OSHA certification/qualification issues. OSHA posted detailed notes of the meetings at www.osha.gov/cranes-derricks/stakeholders.html. A list of frequently asked questions are also posted on OSHA’s Cranes and Derricks in Construction Webpage to provide additional clarification, and address comments and concerns about OSHA certification raised by stakeholders.
Additionally, a comment period began in March of this year whereby the public had 30 days to submit comments regarding the OSHA certification requirement. The agency received 60 comments from the public, one of which requested a hearing. Therefore, in May, OSHA held an informal public hearing to discuss its proposed rule to extend the compliance date for the crane operator certification requirement and the existing phase-in requirement that employers ensure their operators are qualified to operate the equipment.
“There has been much discussion in the industry recently about the new crane rule (known officially as Subpart CC of 29 CFR 1926) and, in particular, the effect it might have on how crane operators are certified,” said National Commission for the Certification of Crane Operators President Thom Sicklesteel. “Two of the primary issues that have generated most concern seem to be OSHA’s position on certifying ‘by capacity and type’ and the recertification requirements for those operators who are already certified. The National Commission for the Certification of Crane Operators continues to be at the forefront of these discussions, working closely with the industry and regulators alike.
“While we respect OSHA’s position and the task the Directorate of Construction has been assigned in implementing the operator certification requirement, the rule requires certification bodies be accountable to their accrediting agencies to ensure their tests are fair and relevant. While crane capacity is an element that needs to be considered in the development of crane operator certification exams, it is but one of many factors industry experts consider as they establish the means by which operators’ qualifications are assessed. Certification of Crane Operators certification, which has been continuously accredited since 1998, has received several commendations from ANSI for its test integrity and validity, and was the first certification to be officially recognized by Federal OSHA as meeting national standards for crane operator qualifications.”
Simply adding crane capacity to the certification card is easy, according to Sicklesteel. National Commission for the Certification of Crane Operators did that for many years, and is able and willing to do it again.
“The bigger issue, however, is whether the type of testing OSHA is proposing will make the industry safer — or at least as safe — as the industry intended when the Cranes and Derrick Committee (C-DAC) wrote the document that formed the basis of this rule more than nine years ago,” he said. “Comments made by former C-DAC members at recent meetings hosted by the Small Business Administration and the Specialized Carriers & Rigging Association seem to make it very clear what C-DAC wrote, and voted for, was never meant to be construed in the way OSHA is now proposing.
“While National Commission for the Certification of Crane Operators remains active in the debate, it is clear the issues may take some time to resolve. These discussions involve OSHA, the Small Business Administration, major industry organizations, the crane manufacturers, the accrediting bodies (National Commission for Certifying Agencies and ANSI) and, of course, the certification bodies including National Commission for the Certification of Crane Operators.
“These issues need to be resolved, and the present uncertainty removed, before National Commission for the Certification of Crane Operators will feel comfortable taking further measures. Ultimately, of course, as a nonprofit service organization established by the industry to advance the cause of crane safety, National Commission for the Certification of Crane Operators will comply with whatever the industry and OSHA ultimately decide.”
Sicklesteel said the good news is progress is, in fact, being made.
“You may have read the interpretation OSHA recently issued regarding the requirements for recertification and the clarification that a hands-on test is not required,” he said. “This is the correct decision, in line with industry best practices and established psychometric principles, and reflects what National Commission for the Certification of Crane Operators has done since day one. And we are confident there will be further positive determinations made [in the future].
“One thing, however, is not in doubt. National Commission for the Certification of Crane Operators will stand resolutely behind the 125,000 accredited certifications we have issued over the past 16 years as well as the hundreds we continue to issue every month. We will ensure, no matter what the outcome of this industry dialogue, every crane operator holding a current Certification of Crane Operators card — including the 25,000 who have already chosen to recertify — will still have a valid certification, in full compliance with federal requirements, on Nov. 10, 2017 when this provision takes effect. And we will continue to support the concept of national certification that was born more than two decades ago in the certain knowledge that, in so doing, we are fulfilling our industry-given mission of helping to prevent accidents and, thereby, save lives. We have come too far and all devoted too much time, energy and expertise for anything less to be acceptable.”
For more information, visit www.nccco.org or call (703) 560-2391.
