WAC 296-56-60093   Certification of marine terminal material handling devices.  (1) The employer shall not use any material handling device listed in WAC 296-56-60098(8) until he/she has ascertained that the device has been certified, as evidenced by current and valid documents attesting to compliance with the requirements of WAC 296-56-60097 and 296-56-60098.

     (2) Certification surveys are to be completed for the conditions of use found at the time such surveys are performed. Equipment owners or users may change the configurations of the equipment according to the manufacturer's specifications without affecting the established certification status for the equipment.

     (3) These rules apply to employment within a marine terminal including the loading, unloading, movement, or other handling of cargo, ship's stores, or gear within the terminal or into or out of any land carrier, holding or consolidation area, or any other activity within and associated with the overall operation and functions of the terminal, such as the use and routine maintenance of facilities and equipment.

     (4) Inspection and test certificates shall be issued only for that equipment which meets or exceeds the requirements specified in these rules. All inspection and test certificates shall be issued through the office of the assistant director of the division of consultation and compliance, department of labor and industries, and shall be valid for a period not to exceed one year from the date of issuance.

     (5) Equipment requiring certification shall be inspected by individuals who have received a "certificate of competency" from the assistant director, division of WISHA services indicating that they are qualified and capable of performing such work.

     (6) When deficiencies are found they shall be noted on forms provided for such purpose by the division of consultation and compliance. Copies shall be delivered to the owner of the equipment and the division of consultation and compliance at the headquarter's office by the person conducting such tests or inspections.

     (7) A certificate of unit test or examination of equipment shall not be issued for any equipment found not to be in compliance with the provisions of this chapter.

     (8) Persons desiring a "certificate of competency" shall demonstrate and document their capabilities and qualifications to the assistant director of the division of consultation and compliance, who will issue certificates to those persons who have demonstrated competency. The assistant director reserves the right to revoke such certificates at any time for cause. A "certificate of competency" shall be issued for a period of not more than three years. Applications for renewal may be made not more than sixty days prior to the expiration date shown on the certificate.

     (9) The assistant director of the division of consultation and compliance or his/her representative, reserves the right to inspect such equipment or to witness or attend any test or inspection in order to ascertain the adequacy of any certification activity performed.

     (10) Unless otherwise exempted, all cranes or derricks required to be certificated by these regulations shall have a current test certificate posted in the operator's cab or station. No person shall operate such crane or derrick unless a current valid certificate is posted.



[Statutory Authority: RCW 49.17.040. 99-02-024, § 296-56-60093, filed 12/30/98, effective 3/30/99. Statutory Authority: Chapter 49.17 RCW. 95-04-007, § 296-56-60093, filed 1/18/95, effective 3/1/95. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-064 (Order 86-02), § 296-56-60093, filed 1/17/86; 85-10-004 (Order 85-09), § 296-56-60093, filed 4/19/85; 85-01-022 (Order 84-24), § 296-56-60093, filed 12/11/84.]