[Code of Federal Regulations]
[Title 27, Volume 7]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1917.27]

[Page 196-197]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1917--MARINE TERMINALS--Table of Contents
 
                  Subpart B--Marine Terminal Operations
 
Sec. 1917.27  Personnel.

    (a) Qualifications of machinery operators. (1) Only those employees 
determined by the employer to be competent by reason of training or 
experience, and who understand the signs, notices and operating 
instructions and are familiar with the signal code in use shall be 
permitted to operate a crane,

[[Page 197]]

winch or other power operated cargo handling apparatus, or any power 
operated vehicle, or give signals to the operator of any hoisting 
apparatus. Exception: Employees being trained and supervised by a 
designated person may operate such machinery and give signals to 
operators during training.
    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments that may suddenly incapacitate the employee, shall be permitted 
to operate a crane, winch or other power-operated cargo handling 
apparatus or a power-operated vehicle.

    Note to paragraph (a)(2):
    OSHA is defining suddenly incapacitating medical ailments consistent 
with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). 
Therefore, employers who act in accordance with the employment 
provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the regulations 
implementing Title I (29 CFR Part 1630), and the Technical Assistance 
Manual for Title I issued by the Equal Employment Opportunity Commission 
(Publication number: EEOC--M1A), will be considered as being in 
compliance with this paragraph.

    (b) Supervisory accident prevention proficiency. (1) After October 
3, 1985 immediate supervisors of cargo-handling operations of more than 
five (5) persons shall satisfactorily complete a course in accident 
prevention. Employees newly assigned to supervisory duties after that 
date shall be required to meet the provisions of this paragraph within 
ninety (90) days of such assignment.
    (2) The course shall consist of instruction suited to the particular 
operations involved.\3\
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    \3\ The following are recommended topics: (i) Safety responsibility 
and authority; (ii) elements of accident prevention; (iii) attitudes, 
leadership and motivation; (iv) hazards of longshoring, including 
peculiar local circumstances; (v) hazard identification and elimination; 
(vi) applicable regulations; and (vii) accident investigations.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 
FR 40938, June 30, 2000]