29 CFR part 1919

§ 1919.3

29 CFR Ch. XVII (7–1–10 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 (7–1–10 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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