29 Cfr 1919.1-14

§ 1919.3

29 CFR Ch. XVII (7–1–05 Edition)

(4) Bulk cargo sucker means a pneumatic conveyor which utilizes a
spoutlike device, which may be adjustable vertically and/or laterally, and
which is suspended over a vessel from
some overhead structure by wire rope
or other means. An example of an installation of this nature is the ‘‘grain
sucker’’ used to discharge grain from
barges.
(d) Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or his authorized representative.
(e) Administration means the Occupational Safety and Health Administration, U.S. Department of Labor.
(f) Person includes any individual,
partnership, corporation, agency, association, or organization.
(g) Competent person means:
(1) An individual qualified to perform
gear certification functions with respect to vessels’ cargo handling gear,
as specifically set forth in § 1919.37.
(2) An individual qualified under the
provisions of subparts F and G of this
part to perform gear certification functions with respect to shore-based material handling devices.
(h) Ton means a ton of 2,240 pounds
when applied to vessels’ cargo handling
gear, and a ton of 2,000 pounds when applied to shore-based material handling
devices or to shore-type cranes permanently mounted aboard barges or other
vessels employed in domestic trade and
designed on the basis of the 2,000-pound
ton. Capacity ratings may be stated in
pounds.
(i) Nondestructive examination means
examination of structure or parts by
electronic, ultrasonic, or other nondestructive examination suitable for
the purpose.

Subpart B—Procedure Governing
Accreditation
§ 1919.3 Application for accreditation.
(a) Application. Any person seeking
accreditation shall file an original and
duplicate copy of an application for accreditation with the Assistant Secretary of Labor for Occupational Safety and Health, United States Department of Labor, Washington, D.C. 20210,
on a form provided by the Administra-

tion for this purpose. Each application
shall be signed and certified by the applicant and, if the applicant is an agency or organization, by a responsible officer of such agency or organization.
(b) Contents of application. The application form shall include the following
information:
(1) A statement detailing the applicable types of work performed by the applicant in the past, noting the amount
and extent of such work performed
within the previous three years, listing
representative vessels involved, and including representative job orders, if
available, or equivalent evidence;
(2) Descriptive details concerning any
testing instruments and heat treatment furnaces which are to be used in
conducting required tests or heat
treatments. Test reports indicating
that instruments meet the accuracy
standards set forth in this part shall be
included;
(3) A list setting forth the ports in
which applicant currently conducts his
business as well as those in which he
proposes to conduct gear certification
activities;
(4) A list of the applicant’s responsible qualified personnel, both supervisory and managerial and including
any surveyors, with resumes of their
individual experience in the testing,
examination, inspection and heat
treatment of cargo gear. Such list shall
include any branch office personnel or
surveyors appointed to act in the applicant’s behalf in any of the ports of the
United States: Provided, however, That
where the submission of individual resumes would be unduly burdensome because of the large number of persons
engaged in the applicant’s behalf, the
applicant, after stating this fact, need
only submit a list of its personnel together with a detailed statement of the
qualifications upon which the appointment of surveyors is based;
(5) A detailed schedule of the fees
proposed to be charged for the various
gear certification services;
(6) Evidence of financial stability;
(7) Names of at least three business
references who will furnish information
regarding work performed by applicant;

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Occupational Safety and Health Admin., Labor
(8) Any additional information the
applicant deems to be pertinent.
(Section 1919.3 contains a collection of information which has been approved by the Office of Management and Budget under OMB
Control No. 1218–0003)
[39 FR 22096, June 19, 1974, as amended at 61
FR 5509, Feb. 13, 1996]

§ 1919.4 Action upon application.
(a) Upon receipt of an application for
accreditation, the Assistant Secretary
shall approve or deny the application.
The Assistant Secretary may conduct
an investigation, which may include a
hearing, prior to approving or denying
an application. To the extent he deems
appropriate, the Assistant Secretary
may provide an opportunity to other
interested persons to present data and
views on the application prior to approval or denial.
(b) Any application which fails to
present the information required by
the prescribed form may be returned to
the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application.
(c) If the application is approved, notice of approval shall be mailed to the
applicant. If the application is denied,
notice of such denial shall be mailed to
the applicant and such denial shall be
without prejudice to any subsequent
application except where such action is
deemed to be in the public interest. In
the event an application is denied with
prejudice, the provisions of § 1919.9
shall be applicable.
(d) A copy of the notice of accreditation shall be kept on file by applicant
at the applicant’s place of business.
§ 1919.5 Duration and renewal of accreditation.
The period of accreditation shall not
exceed three years. Applications for renewal of accreditation shall be made
on the same form as described in
§ 1919.3. No accreditation shall expire
until action on an application for renewal shall have been finally determined, provided that such application
has been properly executed in accordance with § 1919.3 and filed with and received by the Assistant Secretary not
less than 15 nor more than 60 days prior
to the expiration date. A final determination means either the approval or

§ 1919.6

initial denial of the application for renewal. The procedure specified in
§ 1919.4 shall be applicable to all applications for renewal.
§ 1919.6 Criteria governing accreditation to certificate vessels’ cargo
gear.
(a)(1) A person applying for accreditation to issue registers and pertinent
certificates, to maintain registers and
appropriate records, and to conduct
initial, annual and quadrennial surveys
shall not be accredited unless he is engaged in one or more of the following
activities:
(i) Classification of vessels;
(ii) Certification of vessels’ cargo
gear;
(iii) Shipbuilding or ship repairing,
or both insofar as related to work on
vessels’ cargo handling gear;
(iv) Unit and loose gear testing of
vessels’ cargo handling gear.
(2) Applicants for accreditation under
paragraph (a)(1) of this section for operations in coastal or Great Lakes
ports who come within paragraph (a)(1)
(ii) or (iv) shall not be accredited unless they conduct at least 1,500 hours of
cargo gear certification work per year.
(b) A person applying for accreditation to carry out tests of loose gear or
wire rope, or both, or to carry out heat
treatments, and to issue the related
certificates, shall be engaged in one or
both of the following activities:
(1) Testing of loose gear or wire rope,
or both;
(2) Heat treatment of chains and
loose cargo gear.
(c)(1) A person applying for accreditation shall be staffed by individuals
technically qualified to conduct the inspections and examinations and to conduct or supervise tests and heat treatments prescribed in this part. Any representatives, agents or surveyors acting on behalf of a person applying for
accreditation in ports in which such
operations are conducted shall be similarly qualified.
(2) Accreditation to conduct such
nondestructive examination as may be
a part of any certification activity may
be granted to applicants found competent and equipped to carry out this
activity.

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§ 1919.7

29 CFR Ch. XVII (7–1–05 Edition)

(d) Except as noted in § 1919.1(c), and
unless exemptions are granted under
§ 1919.10(h), a person applying for accreditation as specified in paragraph
(a) of this section shall be prepared to
carry out all of the requirements of
subparts C, D, and E, of this part except that loose gear and wire rope tests
and heat treatments may be carried
out by the manufacturer of the gear
concerned or by another person accredited specifically for this purpose.
(e) A person applying for accreditation shall have a satisfactory record of
performance, and shall be in sound financial condition.
§ 1919.7 Voluntary amendment or termination of accreditation.
The accreditation of any person may
be voluntarily amended or terminated
upon written request filed with the Assistant Secretary.
§ 1919.8 Suspension or revocation of
accreditation.
The Assistant Secretary may suspend
or revoke the accreditation of any person for cause. Except in cases of willfulness or cases in which the public interest requires otherwise, before any
accreditation is suspended or revoked,
facts or conduct which may warrant
such action shall be called to the attention of the person involved in writing and that person shall be afforded an
opportunity to achieve or demonstrate
appropriate compliance.
§ 1919.9 Reconsideration and review.
(a) Any person aggrieved by the action of the Assistant Secretary or his
authorized representative in denying,
granting, suspending or revoking an
accreditation under this part may
within 15 days after such action, (1) file
a written request for reconsideration
thereof by the Assistant Secretary or
the authorized representative of the
Assistant Secretary who made the decision in the first instance, or (2) file a
written request for review of the decision by the Assistant Secretary or an
authorized representative of the Assistant Secretary, who has taken no part
in the action which is the subject for
review.
(b) A request for reconsideration
shall be granted where the applicant

shows that there is additional evidence
which may materially affect the decision and that there were reasonable
grounds for failure to adduce such evidence in the original proceedings.
(c) Any person aggrieved by the action of the Assistant Secretary or authorized representative of the Assistant Secretary in denying a request for
reconsideration may, within 15 days
after the denial of such request, file
with the Assistant Secretary or his authorized representative a written request for review.
(d) Any person aggrieved by the reconsidered determination of the Assistant Secretary or authorized representative of the Assistant Secretary, may
within 15 days after such determination, file with the Assistant Secretary
a written request for review.
(e) A request for review shall be
granted where reasonable grounds for
the review are set forth in the request.
(f) If a request for reconsideration or
review is granted, all interested persons shall be afforded an opportunity
to present their views.
(g) No cargo gear certification function shall be performed by any person
seeking reconsideration or review
under this section pending the final decision with respect to such reconsideration or review.

Subpart C—Duties of Persons Accredited to Certificate Vessels’ Cargo Gear
§ 1919.10 General duties; exemptions.
(a) Except as noted in § 1919.1 and in
paragraph (h) of this section, the requirements set forth in subparts D and
E of this part shall be strictly adhered
to in all testing, examinations, inspections, and heat treatments.
(b) Supervision of all testing, examinations, inspections, and heat treatments shall be carried out only by such
persons as are listed in the application
for accreditation, or subsequent supplements thereto, submitted pursuant to
this part.
(c) The certificates issued by an accredited person shall be signed and all
register entries made only by an authorized agent of such accredited person. No certification shall be issued
until any deficiencies considered by

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Occupational Safety and Health Admin., Labor
the accredited person to constitute a
currently
unsatisfactory
condition
have been corrected. Replacement
parts shall be of equal or better quality
as original equipment and suitable for
the purpose. In the event deficiencies
remain uncorrected and no certification may therefore be issued, the accredited person shall inform the nearest District Office of the Administration of the circumstances.
(d) Dynamometers or other recording
test equipment owned by an accredited
person shall have been tested for accuracy within the six months next preceding application for accreditation or
renewal of same. Such test shall be performed with calibrating equipment
which has been checked in turn so that
indications are traceable to the National Bureau of Standards. A copy of
test reports shall accompany the application. Where test equipment is not
the property of the accredited person,
that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on
the requirements of this paragraph, obtained within 1 year prior to such use
and stating the errors of the equipment. Reasonable standards of accuracy shall be met and proof loads adjusted as necessary.
(e) An accredited person shall, upon
request, provide the nearest local office
of the Administration with advance information as to scheduled testing or of
such other functions as are performed
and facilitate the Administration’s observation of any such activities as it
may desire to witness: Provided, however, That tests need not be delayed,
except when specifically requested by
the Administration under unusual circumstances.
(f) All cargo gear registers or certificates issued by an accredited person
shall be made on forms prescribed or
approved by the Administration.
(g) Unless otherwise instructed by
the Assistant Secretary in specific instances, any person accredited under
§ 1919.6(a) shall accept certificates, relating to loose gear or wire rope tests
or to heat treatments which are issued
by the manufacturer of the gear concerned, by another person accredited
specifically by the Assistant Secretary

§ 1919.11

for this purpose, or by any other person
whose certificates are acceptable to
the Administration. Such certificates
shall either be attached as a part of the
vessel’s certification or shall be used as
the basis for the issuance of the accredited person’s own loose gear, wire rope,
or heat treatment certificates. In the
latter case, the original certificates
shall be kept on file by the accredited
person as part of the permanent record
of the vessel concerned.
(h) In case of practical difficulties or
unnecessary hardships, the Assistant
Secretary in his discretion may grant
exemptions from any provision of subparts C, D, and E of this part.
§ 1919.11 Recordkeeping and related
procedures concerning records in
custody of accredited persons.
(a) An accredited person shall maintain records of all work performed
under subparts D and E of this part.
(b) An accredited person shall maintain a continuous record of the status
of the certification of each vessel
issued a register by such person.
(c) The records required in paragraphs (a) and (b) of this section shall
be available for examination by the Assistant Secretary.
(d) When annual or quadrennial tests,
inspections, examinations, or heat
treatments are performed by an accredited person, other than the person who
originally issued the vessel’s register,
such
accredited
person
shall
furnishcopies of any certificates issued
and information as to register entries
to the person originally issuing the
register.
(e) An accredited person shall inform
the nearest local office of the Administration whenever a vessel is initially
certificated under these regulations
and a register in the prescribed form
has been issued.
(f) A copy of each certificate relating
to unit tests or thorough examinations, except those issued by the manufacturer and those issued by accredited
persons outside of the United States,
shall be sent to the nearest local office
of the Administration within 10 days
after issuance. Such records shall form
a part of the Administration’s file on
the accredited person.

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§ 1919.12

29 CFR Ch. XVII (7–1–05 Edition)

(g) An accredited person shall
promptly notify the nearest local office
of the Administration with respect to
any changes in technical personnel, in
fee schedules in geographical areas in
which operations are conducted, or
other pertinent substantial changes in
its organization or operations.
§ 1919.12 Recordkeeping and related
procedures concerning records in
custody of the vessel.
(a) A fully completed and up-to-date
register shall be kept in the form prescribed or approved by the Administration, giving the particulars required
with respect to:
(1) The inspections and thorough examinations required by § 1919.15(a) and
(b).
(2) The thorough examinations required by § 1919.15(c).
(3) The thorough examinations required by § 1919.17.
(4) The heat treatment required by
§ 1919.16 (a) and (b), and § 1919.19.
(b) Certificates in the form prescribed or approved by the Administration shall be kept up-to-date, be attached to the register, and shall contain the particulars required with respect to:
(1) The testing and examinations required by §§ 1919.14, 1919.15(a), and
1919.19.
(2) The heat treatment required by
§§ 1919.16 and 1919.19.
(c) The certificates and entries in the
register shall be signed by a person
qualified under § 1919.37.
(d) Adequate means shall be provided
to enable persons examining the register, or any certificate attached thereto, to identify items of cargo gear referred to therein. Small items of gear,
such as shackles, shall bear a mark to
indicate that they have been initially
tested.
(e) Records shall be kept aboard vessels identifying wire rope or articles of
loose gear obtained from time to time
and required to be certificated under
the regulations of this part.
(f) An accredited person shall instruct the vessel’s officers, or the vessel’s operator if the vessel is unmanned, that the vessel’s register and
certificates shall be preserved for at
least 4 years after the date of the latest

entry except in the case of nonrecurring test certificates concerning
gear which is kept in use for a longer
period, in which event the pertinent
certificates shall be retained so long as
that gear is continued in use.
(g) In cases where derricks, spouts,
suckers, or cranes are mounted permanently aboard barges which remain in
domestic inland waters service, the
certification documentation shall comply with the provisions of § 1919.90 of
this part.

Subpart D—Certification of
Vessels’ Cargo Gear
§ 1919.13

General.

(a) Except as noted in § 1919.1 and as
provided
in
exemptions
under
§ 1919.10(h), certification performed by
accredited persons shall conform to the
requirements contained in this subpart.
(b) Safe working loads assigned to assembled units of gear, shall be based on
applicable design criteria acceptable to
the accredited person. Where no design
data on which to base a rating is obtainable, the safe working load ratings
assigned shall be based on the owner’s
information and warranty that those
so assigned are correct. Unit test certificates shall state the basis for any
such safe working load assignment.
§ 1919.14 Initial tests of cargo gear and
tests after alterations, renewals or
repairs.
(a)(1) Before being taken into use,
hoisting machines, fixed gear aboard
vessels accessory thereto, and loose
gear and wire rope used in connection
therewith shall be tested and examined
and the safe working load thereof certified in the manner set forth in subpart E of this part.
(2) Replacement or additional loose
gear and wire rope obtained from time
to time shall also be tested and examined in the manner set forth in paragraph (a)(1) of this section. However,
the replacement of a component part of
an article of loose gear such as a
sheave, pin, or bushing does not require
a new test certificate as long as the
new component at least equals in all
particulars the part replaced.

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