February 22, 1992

Mr. Raul Torres-Trumbull
1741 Jesus T. Pinero Ave.
Summit Hills, Rio Piedras, PR 00920

Dear Mr. Torres-Trumbull:

Thank you for your recent correspondence of February 1, 1992.

In your letter to us, confirmation was requested with respect to whether a crane used for unloading grain from a ship or barge requires certification by an agency accredited by the Occupational Safety and Health Administration (OSHA). Under current maritime safety and health standards for the longshoring industry, 29 CFR 1918.12(c), 1918.13(a) and 1918.14, cargo gear and material handling devices which are used in longshoring operations are required to be certificated under the cargo gear certification regulation, 29 CFR Part 1919. The term "longshoring operations" means the loading, unloading, moving, or handling of cargo, into, in, on, or out of any vessel on the navigable waters of the United States. Therefore, in response to your question, an agency accredited by OSHA under the regulations of Title 29, Chapter XVII, Part 1919, would be required to certificate a crane used to unload grain from a ship or barge.

For your use, we have enclosed detailed accreditation information and an application package for the maritime cargo gear accreditation program. We believe this package will assist you in attaining a full comprehension of this program and, if so, how to submit a formal application to become accredited to perform certification surveys pursuant to the requirements specified under 29 CFR Part 1919.

The package consists of the following enclosures:

1. A listing of the certification agencies accredited by Federal OSHA under 29 CFR Part 1919.

This is a listing of the agents and agencies accredited by Federal OSHA under 29 CFR Part 1919 to perform the various certification surveys of certain cargo handling gear and material handling devices required under OSHA's various maritime regulations.

2. A copy of the Code of Federal Regulations containing 29 CFR Parts 1911 to 1925.

Located within these rules are: (a) the OSHA regulations pertaining to the maritime accreditation and gear certification program (29 CFR Part 1919) and (b) the primary safety and health regulations applicable to the following maritime industries:

29 CFR Part 1915 - Shipyards 29 CFR Part 1917 - Marine Terminals 29 CFR Part 1918 - Longshoring

29 CFR Parts 1915, 1917 and 1918 also specify the material handling devices used in these industries which require certification by an OSHA accredited agent or agency.

3. An explanation of OSHA's maritime accreditation and gear certification program.

This is a six page document which explains and summarizes the OSHA regulations, standards and procedures pertaining to: (a) the certification of certain material handling devices used in maritime activities and (b) the accreditation of agents or agencies to perform these certification functions.

4. An explanation of the use of the OSHA official certification forms, the OSHA-71 and OSHA-72.

This is a five page document providing detailed guidance on: (a) the type of material handling devices that are required to be certificated by an OSHA accredited agent or agency and, (b) the preparation and limitations on the use of these official forms for documentation and certification purposes.

5. An explanation of the information required to be submitted with your formal application seeking accreditation.

This is a two page document providing detailed guidance regarding the information, required under 29 CFR Section 1919.3, that needs to be submitted with your formal application seeking accreditation.

6. Two copies of the OSHA-70 form (Application for Accreditation to Perform Gear Certification Functions).

This is the official OSHA form which is required to be used in applying for accreditation in accordance with the provisions of 29 CFR Section 1919.3. You need to complete and return both copies of the OSHA-70 application form. Each copy must be signed by the applicant seeking accreditation (i.e., the person(s) who will actually be signing the official OSHA certification forms - referred to as the "signatory authority"). If the applicant is an agency or organization, then each copy must also be signed by a responsible officer of that organization or agency.

We suggest that you pay particular attention to: (a) Subparts B, C, F, and G of 29 CFR Part 1919 and, (b) the two page guidance document detailing the information that needs to be submitted with your formal application form. These four Subparts and the guidance document provide valuable information which will assist you in preparing your application.

We also would like to stress the importance of providing all requested information in as much detail as possible. This will help to expedite the processing, reviewing and evaluating of your application. The following items are of special importance in helping to expedite the review and evaluation process:

1. The four references that are required to be furnished in part (6) of the OSHA-70 application form.

Be sure to include complete names, addresses and phone numbers for all of the references submitted. References must have first-hand knowledge of and be able to comment on the signatory authority's background, experience and expertise in performing the comprehensive examinations and testing required to certify the various types of equipment that you are seeking accreditation to certify.

2. The resumes and descriptions of the applicable work experiences required to be furnished in part (7) and part (9) of the OSHA-70 application form. Be sure to include enough detail regarding the applicant's educational background and technical as well as hands-on experience to clearly demonstrate and document that the applicant has the necessary technical background and breadth of experience to perform the type of comprehensive and functional examination and tests covering the structural, mechanical, electrical and hydraulic components of the equipment that you are seeking accreditation to certify.

The enclosed materials are not intended to deter you from formally seeding accreditation. This material is merely intended to: (a) describe the Federal OSHA maritime accreditation and gear certification program realistically so that you are able to make a more informed decision regarding whether or not you qualify and really want or need to formally apply for accreditation, (b) assist you in preparing a proper application should you decide to formally apply for accreditation and (c) help us to expedite the review and evaluation process.

Send the completed application forms and all supporting documentation to:

Joe Nolan, Chief Division of Maritime Compliance Assistance U.S. Department of Labor - OSHA Room N3610 200 Constitution Avenue, N.W. Washington, D.C. 20210

Please do not hesitate to contact Mr. Nolan at (202) 523-8131, if you have any questions or require additional information or assistance regarding this matter.

Sincerely,



Dorothy L. Strunk
Acting Assistant Secretary

Enclosures: (7)