OSHA Finalizes Operator Certification Extension

After a year and a half of public comment and debate, OSHA has finally made the extension of the operator certification requirement official. The new deadline is November 10, 2017, although OSHA has also commented that if it can do what it needs to do sooner than that, they may move the deadline up again.

What’s most important for employers to note is that OSHA has also extended the employer's duty to ensure operators are qualified to run the particular equipment they are assigned to run, and they have clarified that duty by publishing an economic impact analysis for it.  In the analysis they divide operators into three categories:

1.  Those that currently have a certification that complies with the OSHA standard for certification by type and capacity (this includes all CIC- and NCCER-certified operators).

2.  Those that currently have a certification that doesn't comply (NCCCO- and IUOE-certified operators).

3.  Those that have no certification at all.

For each category, OSHA estimated the time that would be required for employers to assess the skill and knowledge of that operator on a particular crane and determine if they are qualified to run it. They estimated one hour for operators with a compliant certification like CIC; 2.5 hours for non-compliant certifications like CCO; and 4 hours for non-certified operators. The time estimates are based on the amount of time it would take to provide a practical exam for operators with a compliant certification; a crane-specific written exam and a practical exam for operators with a non-compliant certification; and a practical exam, crane-specific written exam and general knowledge written exam for operators with no certification at all. Why is this important?  Because in other words, when OSHA says employers have a duty to assess their operators, they don't just mean you can say, “OK, I know you're good to go!” They mean you actually need to formally evaluate your operator, and then provide training if needed, and you need to document what you did. If you don't, this is most likely a citable offense.

This is also significant because it means if you have a CIC or NCCER certification you're ahead of the game and you have less to do in order to comply with the regulation than anyone else does. If you did your certification through New England Crane School, you have a CIC certification.

Finally, it is significant because, in response to stakeholder comments, OSHA is considering extending the employer's duty to ensure qualification forever. Most stakeholders, including CIC and NCCCO, agreed that this duty should never go away, even when the certification requirement is in effect. So you need to get your program for ensuring operator qualification in order right now, and be prepared to keep it in place for good.

You should also be aware that it is only the requirement for operator certification that has been extended. All other parts of OSHA’s Cranes and Derricks in Construction standard continue to be in force and have been since 2010, including the requirement for qualified signal persons and riggers.

Don’t hesitate to call us if you have questions or need clarification! And for those who really want to do their homework, click HERE for a link to OSHA's announcement in the Federal Register.