§ 6.53. Required and discretionary bases for disapproval of an application as a certifying organization; bases for approval; and terms of equivalence to NCCCO.
(a) The Board will deny an application for approval as a certifying organization on the basis that it is not equivalent to certification issued by NCCCO for any one or more of the following reasons:
(1) The applicant is not accredited by ANSI or NCCA.
(2) The applicant is not a party to a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of the qualifications of crane operators.
(3) The applicant has failed to verify the statements in the application.
(4) The applicant has made a material statement on its application that it knows or has reason to know is false.
(5) The applicant’s program of testing and certification does not satisfy the requirements in ASME Volume B 30 for operator qualification and certification, and interpretations issued by ASME.
(6) The applicant’s program of testing and certification does not satisfy the requirements of 29 CFR 1926.1427 (relating to operator qualification and certification).
(b) The Board may deny an application for approval as a certifying organization if the Board finds that the applicant, its parent, its subsidiary, or an entity affiliated with the applicant has been the subject of disciplinary action in another jurisdiction, or has been found in a civil proceeding or criminal proceeding to have been engaged in fraudulent conduct, misrepresentation, unfair commercial or consumer practices, breach of contract or negligence.
(c) The Board will grant approval to a certifying organization that:
(1) Offers a program of testing and certification that is equivalent to the program of testing and certification offered by NCCCO, as defined in subsection (d).
(2) Has not been the subject of disciplinary action in another jurisdiction, or has been found in a civil proceeding or criminal proceeding to have been engaged in fraudulent conduct, misrepresentation, unfair commercial or consumer practices, breach of contract or negligence.
(d) A program of testing and certification is equivalent to the program of testing and certification offered by NCCCO if:
(1) It is accredited by ANSI or NCCA.
(2) It has entered into a voluntary agreement with OSHA for the purpose of recognizing its program as a validation of the competency and certification of the qualifications of crane operators.
(3) It satisfies the requirements of ASME Volume B 30 for operator qualification and certification, and interpretations issued by ASME.
(4) It satisfies the requirements in 29 CFR 1926.1427.
Cross References This section cited in 49 Pa. Code § 6.54 (relating to determination of application for approval as a certifying organization).
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