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Illegal Selling of Crane Certification Stickers To whom it may concern: Be forewarned! If you are party to such, I have a few questions for you. How could you ever live with yourself if someone happened to get killed or seriously injured by a faulty crane that bears a signed certification sticker with your name on it? Do you have a conscience? Is the almighty dollar worth such a risk? Input from others... Editor's note: Submitted by a professional of the trade. So much confusion exists regarding people who are in the business of inspecting cranes. I've been around cranes since 1954, and I've never run into a certified crane inspector. Cranes in the construction industry do not have to be certified, so far as I am aware. There are no federal regulations that say they do. Possibly CAL-OSH has some sort of certification requirement for construction cranes, but I doubt it. There is no requirement for a certification sticker in anybody's set of regulations. A certification sticker is just something that an individual who inspects cranes has had printed up and he probably sticks it on the wall of the operator cab after his inspection of the crane is completed. It really has no authority at all, but they certainly look impressive. And...the unknowing crane operator and others who see it are duly impressed. All it might mean is that a fancy sticker has been stuck on the wall! In the U.S., when cranes are used in the maritime industries they may have to be certified so that they are in compliance with a Federal Regulation. But the inspector who does the inspection and watches the load test of the crane is not a certified crane inspector. He is part of a small company which is in the business of inspecting cranes. He has not been approved by anybody other than his employer, in all likelyhood. Then again, he may be a one-man-company himself. In that case, he would have to be accredited by OSHA under the provisions of 29 CFR 1919 to conduct crane examinations and witness load tests of cranes (10% or 25% more than the safe working load). I've often heard that OSHA does not approve anything. The people who inspect waterfront cranes for the purpose of OSHA certification is the one exception. So, usually, once a person gets accredited he forms a small company and has somebody else do inspections for him. He fills out the OSHA paperwork himself because he is the one accredited and is the "signatory authority" for his company. The person who does the inspection may have little or no prior experience inspecting (or anything else) as far as cranes go. There are a lot more accredited persons than are necessary to inspect cranes which are used in the maritime industries in the United States. So what's a man gonna do? He's got to make a living. He gets his letterhead and advertising printed up prominently displaying that he has been "accredited by OSHA under the provisions of 29CFR 1919 to inspect cranes". There is no lie here. He has been accredited. But he goes for business in the wrong industry....construction. Does he have the expertise to inspect cranes on construction sites? No one knows. Now, shouldn't the crane certification business be straightened out and regulated in some manner before these same people (OSHA accredited) certify crane operators to be qualified to operate anything? In response to the writer (above) who has "been around cranes since 1954", and didn't sign his erroneous letter, here are a few things to think about. We are proud of our contributions we are making to the safety of the crane industry. The majority of our inspections are performed in the construction industry. We base our quality safety inspections on a mechanical engineering education background, 30+ years operating and maintaining cranes, continuing education including crane certification classes, and networking with other professionals in the crane industry. After working construction as a crane operator for so long, it is refreshing to inspect for companies that put safety first. Hopefully the days of being sent out with an unsafe crane will come to an end....the brake failures the boss knew about and sent the machine out anyway, hydro crane with boom cylinders that won't hold and you have a load in the air, wire ropes that need to be replaced, hooks with no safety latches, operators that can't read a load chart, and this list goes on and on. When our company goes out to do crane safety inspections, we strive to give an education along with the inspection. Questions are answered, load charts are explained, safety concerns are covered with the crane owner as well as the operators, and of course, old crane stories are told -they are also educational. Our inspections follow ANSI and OSHA Standards. We work WITH the owner to provide a safer work place. Our goal is not to criticize but to improve. We do agree there are inspectors out there that just slap a sticker on. We call them a "pick-up inspection", the inspector doesn't leave his pick-up. We don't know how they can lay down and sleep at night. Maybe you can rethink your uneducated opinion on crane inspections. We are here to help make the construction industry safer. It's evident by this insightful
and informative web site there is more work to be done.
Due, in part, to the conflicting opinions above, you are probably confused as to who is right and who is wrong. My recommendation: Have your crane(s) inspected by a competent person (see below). I also suggest that the person should be qualified to operate the crane as a professional operator. Further, I suggest the person should be selected from a source outside of your company, control, or influence. In the event of an accident and subsequent investigation, all of these factors will weigh in your favor. Cutting corners to save a few bucks doesn't pay when it comes to work place safety! "Competent Person" as defined by O.S.H.A. Regarding the Crane Certification issue, Cal/OSHA has a requirement found in Title 8 California Code of Regulations, Section 5021(a) says that "All cranes and derricks (both used in construction and general industry) used in lifting service exceeding three ton rated capacity shall not be used until the employer has ascertained that such equipment has
been certificated..."
The inspection is to be conducted by a licensed certificating agency or designee listed in the certificating agencies license. A crane certificate (not a sticker) is to be issued after the inspection takes place. The certificate is to be kept in the crane or at the project site at all times. The Cal/OSHA Crane Unit is responsible for issuing licenses for agencies to certifiy cranes. Prior to becoming a crane surveyor, the Cal/OSHA Crane Unit will review the resume of the candidate and check references. If the candidate has enough experience and the references are positive, the candidate will then take a four part written test. The test consists of a General Section and three specialty tests of either Mobile Cranes, Tower Crane or Bridge and Gantry Cranes. The candidate must past each test with a score of over 70% before a license is granted to become a crane surveyor. The crane certificating agencies are mandated by law to be audited at least one time every three years. Some agencies have been audited more frequently. Failure to inspect cranes per the requirements found in Title 8 can result in the agency or the surveyor losing their license to certify. Unfortunately, there is fraudulent activity going on out there both in California and the rest of the nation. Recently, one crane owner decided to use his computer and scanner to make his own certificate. Fraudulent activity cannot be tolerated. If you know of any fraudulent activity going on in the State of California, please call the Cal/OSHA Crane Unit at 714-939-8478 or write us a letter at 2100 E. Katella Ave., #100, Anaheim, CA 92806. Submitted by a subscriber.09/18/02: August 18, 1981 Mr. J. R. Dmytryk Senior Construction Manager United Engineers & Constructors Inc. P.O. Box 700 Seabrook, New Hampshire 03874 Dear Mr. Dmytryk: This is in response to your letter of July 24, 1981, concerning construction crane certifications. 29 CFR 1926.550(a)(5) requires employers to designate a competent person to inspect machinery and equipment prior to each use, and during use, to make sure it is in safe operating conditions. Any deficiencies shall be repaired, or defective parts replaced, before continued use. 29 CFR 1926.550(a)(6) requires a thorough, annual inspection of the hoisting machinery to be made by a competent person, or by a government or private agency recognized by the U.S. Department of Labor. In addition, the employer is required to maintain a record of the dates and results of inspection for each hoisting machine and piece of equipment. 29 CFR 1926.32(f) defines competent person as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. The OSHA construction standards do not require employees performing crane inspections to have a Level II rating, which is a term used in an ANSI standard not referenced in the OSHA standards. If your two employees meet the qualifications for a "competent person" they can perform the construction inspections required in 29 CFR 1926.550. It should be noted that OSHA construction regulations provide minimum safety and health standards for employees working in the construction industry. However, more stringent requirements, such as an ANSI standard for crane inspections at nuclear power plants may be required by virtue of the contractual relationship for construction at the facility. In any event, employers are not precluded from obtaining the highest rating from employees to perform crane inspections. A list of certification agencies accredited by the Occupational Safety and Health Administration has been enclosed for your information. You may write or telephone the agencies concerning your desire to qualify two employees as Level II inspectors. If I may be of further assistance, please feel free to call or write. Sincerely, Bruce Hillenbrand Deputy Director, Federal Compliance and State Programs OSHA Compliance Reference We took the above subject to the Crane Talk Bulletin Board It is titled, Who's Right Who's Wrong in the Open Forum category. You'll find authorative references and answers there. |