Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.26 - Crane Safety
Section 09.12.26.06 - Crane Operator Requirements
Universal Citation: MD Code Reg 09.12.26.06
Current through Register Vol. 51, No. 19, September 20, 2024
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
5-0-5-3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks,
Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(iii) Knowledge of Chapters 6-0-6-3 of the
ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks,
Jacks, and Slings-Derricks;
(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 1926-Operator Certification-Written Examination-Technical
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.
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