Comment from Gatzunis, Thomas, Commonwealth of Massachusetts

From: Thomas G. Gatzunis, Commissioner RE: OSHA Public Comments – Crane Standards These revisions set forth requirements for operator certification. The Commonwealth of Massachusetts has operator certification (licensing) for cranes as set forth in Massachusetts General Law Chapter 146. I am proposing that the attached edits for public comment. This should effectively eliminate the preemption issues and enable OSHA inspectors to utilize the Massachusetts licensing system in their enforcement actions. Section 1926.1427, lists the requirements for operator qualification and certification. Since the Commonwealth already has a certification program (state licensing), I am proposing that we add the following sentence: “State jurisdictions may mandate compliance with one of the options in paragraphs (b) through (e).” Paragraph (e), lists Option 4, licensing by a government entity. The added line would give the authority to a state to mandate that a person hold a state license in accordance with this section. Additionally, the current language does not allow for transferability outside of a jurisdiction. Understandingly, it was written this way because each state could effectively accredit their own license program, which may be sub par to the proposed standard. Suggested language is provided which would enable a State license to be acceptable outside of its jurisdiction provided it is accredited by a nationally recognized accrediting agency as outline for private sector certification programs. This would enable a person holding a state license from an accredited state to go into another state, which may not have a state licensing program and work under their license without having to get re-certified. Your consideration is greatly appreciated. § 1926.1427 Operator qualification and certification. (a) The employer must ensure that, prior to operating any equipment covered under § 1926.1400, the operator is either qualified or certified to operate the equipment in accordance with one of the options in paragraphs (b) through (e) of this section, or is operating the equipment during a training period in accordance with paragraph (f) of this section. State Jurisdictions may mandate compliance with one of the options in paragraphs (b) through (e). Exceptions: Operator qualification or certification under this section is not required for operators of derricks (see § 1926.1436), sideboom cranes (see § 1926.1440), and equipment with a rated hoisting/lifting capacity of 2,000 pounds or less (see § 1926.1441). (e) Option 4. Licensing by a government entity. (1) For purposes of this section, a government licensing department/office that issues operator licenses for operating equipment covered by this standard is considered a government accredited crane/derrick operator testing organization if the criteria in paragraph (e)(2) of this section are met. (2) Licensing criteria. (i) The requirements for obtaining the license include an assessment, by written and practical tests, of the operator applicant regarding, at a minimum, the knowledge and skills listed in paragraphs (j)(1) and (2) of this section. (ii) The testing meets industry recognized criteria for written testing materials, practical examinations, test administration, grading, facilities/ equipment and personnel. (iii) The government authority that oversees the licensing department/ office, has determined that the requirements in paragraphs (e)(2)(i) and (ii) of this section have been met. (iv) The licensing department/office has testing procedures for re-licensing designed to ensure that the operator continues to meet the technical knowledge and skills requirements in paragraphs (j)(1) and (2) of this section. (3) A license issued by a government accredited crane/derrick operator testing organization that meets the requirements of this option: (i) Meets the operator qualification requirements of this section for operation of equipment only within the jurisdiction of the government entity, unless the jurisdiction has its program that is accredited by a nationally recognized accrediting agency as outlined in Option 1. (ii) Is valid for the period of time stipulated by the licensing department/office, but no longer than 5 years.