A. Except as provided in §B of this regulation, an employer shall ensure that prior to operating equipment under this chapter, a person is qualified or certified in accordance with this regulation.
B. The crane operator qualification or certification requirements do not apply to operators of equipment with a maximum manufacturer-rated hoisting/lifting capacity of 2,000 pounds or less.
C. An employer is required to provide the training and qualification or certification at no cost to the employee consistent with §D or E of this regulation.
D. Requirements for Certification Through an Accredited Crane Operator Testing Organization.
(1) An employer can provide certification through an accredited crane operator testing organization.
(2) For a testing organization to be considered accredited to certify crane operators under this regulation, it shall:
(a) Be accredited by a nationally recognized accrediting agency based on that agency’s determination that industry recognized criteria for written testing materials, physical examinations, test administration, grading, facilities/equipment, and personnel have been met;
(b) Administer written and practical tests that:
(i) Assess the crane operator applicant regarding, at a minimum, the knowledge and skills listed in 29 CFR §1926.1427(j)(1) and (2);
(ii) Provide different levels of certification based on equipment capacity and type;
(iii) Have procedures for crane operators to reapply and be retested in the event a crane operator applicant fails a test or is decertified; and
(iv) Have testing procedures for recertification designed to ensure that the crane operator continues to meet the technical knowledge and skill requirements in 29 CFR §1926.1427(j)(1) and (2); and
(c) Have its accreditation reviewed by the nationally recognized accrediting agency at least every 3 years.
(3) A crane operator shall be deemed qualified to operate a particular piece of equipment if:
(a) The crane operator is certified under this section for that type and capacity of equipment or for higher-capacity equipment of that type; or
(b) When no accredited testing agency offers certification examinations for a particular type or capacity of equipment, or both:
(i) The operator has been certified for equipment that is most similar;
(ii) A certification examination is available for the most similar equipment; and
(iii) Where applicable, the operator’s certificate states the type or capacity of equipment, or both, for which the operator is certified.
(4) A certification issued under this section:
(a) Is portable;
(b) Meets the requirements of §A of this regulation; and
(c) Is valid for 5 years.
E. Audited Employer Program.
(1) An employer can provide qualification through an audited employer program.
(2) Requirements for Qualification.
(a) The written and practical tests shall be either:
(i) Developed by an accredited crane operator testing organization which is accredited by a nationally recognized accrediting agency based on that agency’s determination that industry recognized criteria for written testing materials, practical examinations, test administration, grading, facilities/equipment, and personnel have been met; or
(ii) Approved by an auditor who is certified to evaluate such tests by an accredited crane operator testing organization consistent with this regulation.
(b) If approved by an auditor as provided in §E(2)(a)(ii) of this regulation, the auditor’s approval process shall be based on the following:
(i) The auditor shall determine whether the written and practical tests meet nationally recognized test development criteria that are valid and reliable in assessing the crane operator applicants regarding, at a minimum, the knowledge and skills listed in 29 CFR §1926.1427(j)(1) and (2) of this regulation; and
(ii) The audit shall be conducted in accordance with nationally recognized auditing standards.
(c) Administration of Tests.
(i) The written and practical tests shall be administered under circumstances approved by the auditor as meeting nationally recognized test administration standards.
(ii) The auditor shall be certified to evaluate the administration of the written and practical tests by an accredited crane operator testing organization consistent with this regulation.
(iii) The auditor may not be an employee of the employer.
(iv) The audit shall be conducted in accordance with nationally recognized auditing standards.
(3) The employer program must be audited within 3 months of the beginning of the program and at least every 3 years thereafter.
(4) Requalification Testing Procedures.
(a) The employer program shall have testing procedures for requalification designed to ensure that the crane operator continues to meet the technical knowledge and skills requirements in 29 CFR §1926.1427(j)(1) and (2) and this section.
(b) The requalification procedures shall be audited in accordance with nationally recognized auditing standards and this section.
(c) Within 3 months of the beginning of the employer program, the requalification procedures shall be audited.
(d) The audit process shall be conducted at least every 3 years thereafter.
(5) If the auditor determines that there is a significant deficiency in the program, the employer shall ensure that:
(a) No crane operator is qualified until the auditor confirms that the significant deficiency has been corrected;
(b) The program is audited again within 180 days of the confirmation that the significant deficiency was corrected;
(c) The auditor files a documented report of the significant deficiency with the Maryland Occupational Safety and Health program of the Division of Labor and Industry within 15 days of the auditor’s determination that there is a deficiency; and
(d) Records of the audits of the employer’s program are maintained by the auditor for 3 years and are made available by the auditor to the Commissioner or the Commissioner’s designated representative upon request.
(6) A qualification under this paragraph:
(a) Is not portable;
(b) Is valid for the crane operator while the operator is employed by the employer that issued the qualification;
(c) Is valid for 5 years; and
(d) Meets the requirements of §A of this regulation.
F. A testing entity is permitted to provide training as well as testing services if the criteria of an accrediting crane operator testing organization set forth in §D(2) of this regulation are met.
G. Language and Literacy Requirements.
(1) Tests under this section may be administered verbally, with answers given verbally, if the crane operator candidate:
(a) Passes a written demonstration of literacy relevant to the work; and
(b) Demonstrates the ability to use the type of written manufacturer procedures applicable to the class/type of equipment for which the crane operator is seeking certification.
(2) Tests under this section may be administered in any language the crane operator candidate understands, and the crane operator’s certificate shall note the language in which the test was given.
(3) The crane operator is qualified under §A of this regulation to operate equipment that is furnished with materials required by this chapter and 29 CFR §1926.1407 et seq. that are written in the language of the certification.The crane operator may only operate equipment furnished with such materials.
H. Certification Criteria. Qualifications and certifications shall be based, at a minimum, on the following:
(1) A determination through a written test that the person has the knowledge necessary for safe operation of the specific type of equipment the individual will operate, including all of the following:
(a) Operational characteristics and controls, limitations and use, rated load capacities, and special hazards, including characteristic and performance questions appropriate to the crane type for which qualification is sought;
(b) Emergency control skills, such as a response to fire, power line contact, loss of stability, or control malfunction;
(c) Demonstrated ability to use arithmetic and load capacity charts to calculate load capacity information on a variety of configurations necessary for safe crane operation;
(d) The ability to read and comprehend the crane manufacturer’s operation and maintenance instruction materials, including load capacity charts, for the crane for which qualification or certification is sought;
(e) Depending upon the type of crane the operator intends to operate:
(i) Knowledge of Chapter 3-3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Construction Tower Cranes;
(ii) Knowledge of Chapters 5-05-3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsMobile and Locomotive Cranes; or
(iii) Knowledge of Chapters 6-06-3 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsDerricks;
(f) Technical knowledge applicable to:
(i) Operating the specific type of crane;
(ii) Pre-start and post-start inspection, maneuvering skills, shutdowns, and securing procedures;
(iii) Voice and radio communication methods;
(iv) Site hazards and personal fall protection methods;
(v) The suitability of the supporting ground, surface, or structure to handle expected load;
(vi) The hazards and restrictions associated with working adjacent to overhead electric lines and equipment;
(vii) The procedures for preventing and responding to fire, power line contact, loss of stability, or control malfunction; and
(viii) This regulation, including technical knowledge criteria contained in Appendix C to Subpart CC of Part 1926Operator CertificationWritten ExaminationTechnical Knowledge Criteria; and
(g) The ability to read and locate relevant information in the equipment manual and other materials containing information relative to safe operation; and
(2) A determination through a practical test that the individual has the skills necessary for safe operation of the equipment, including the following:
(a) Ability to recognize, from visual and auditory observation, the items listed in 29 CFR §1926.1412(d);
(b) Operational and maneuvering skills;
(c) Application of load chart information; and
(d) Application of safe shut-down and securing procedures.
I. Every 2 years, an employer shall ensure that a crane operator provides the employer with the following current medical documentation:
(1) Proof of successful completion of a physical examination conducted by a licensed physician that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; or
(2) A certificate of medical examination as required for a commercial driver's license that would be acceptable to the U.S. Department of Transportation, unless the employee provides documentation from a licensed physician that the failure to meet these qualifications will not affect the individual's operation of a crane.
J. The individual has successfully passed a substance abuse test pursuant to the employer's drug and alcohol free workplace and substance abuse policy.