OSHA has issued a temporary enforcement policy for the construction industry after being informed by the Sanford, FL-based Crane Institute Certification (CIC) that the organization no longer is accredited by a nationally recognized accrediting agency, as required under section 1926.1427(d) of OSHA’s Cranes and Derricks in Construction Standard.
CIC also stated that it expects to receive that accreditation within the next few months. Therefore, operator certifications currently being issued by CIC do not meet the requirements of OSHA’s standard.
“Nevertheless, OSHA understands that CIC was previously accredited,” said Scott Ketcham, Director of OSHA’s Directorate of Construction, “and even after its accreditation lapsed, many employers may have acted in good faith by obtaining crane operator certifications from CIC that they believed would comply with OSHA’s requirements. The agency wishes to avoid unnecessary disruptions in the industry,” he said.
Ketcham sent out the following directive recently to regional administrators and State Plan designees:
“To eliminate construction industry confusion going forward, OSHA will consider whether crane operators acting in good faith obtained certifications issued by CIC prior to December 2, 2019 believing they met the requirements of the standard. Where such good faith is found, employers should not be cited for violating the operator certification requirement of 29 CFR 1926.1427(d). This policy will only apply until the expiration date listed on each certificate (that date cannot exceed the 5-year maximum specified in 29 CFR 1926.1427(d)(4)).
OSHA will not accept CIC certification (including recertification) issued on or after December 2, 2019, as evidence of compliance with OSHA’s operator certification requirements in 29 CFR 1926.1427. Please contact the Directorate of Construction if there are any questions during compliance inspections about the validity of crane operator certifications issued by CIC.
Crane operators may need to pursue new certification to remain compliant under the U.S. Occupational Safety and Health Administration’s crane operator regulations.”
December 6, 2019