CFR > Title 29 - Labor > SUBTITLE B—Regulations Relating to Labor > CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (parts 1900 to 1990) > PART 1918—SAFETY AND HEALTH REGULATIONS FOR LONGSHORING > SUBPART I—General Working Conditions. (§1918.90 to §1918.100) > 1918.98—Qualifications of machinery operators and supervisory training.

1918.98—Qualifications of machinery operators and supervisory training.

(a) Qualification of machinery operators. (1) Only an employee determined by the employer to be competent by reason of training or experience, and who understands the signs, notices and operating instructions and is familiar with the signal code in use, shall be permitted to operate a crane, winch, or other power-operated cargo handling apparatus, or any power-operated vehicle, or give signals to the operator of any hoisting apparatus. However, an employee 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.

Code of Federal Regulations

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. 12111-121 17), 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) By July 16, 1999, each immediate supervisor of a cargo handling operation of more than five persons shall satisfactorily complete a course in accident prevention.
(2) Each employee newly assigned to supervisory duties after that date shall be required to meet the provisions of this paragraph within 90 days of such assignment.
(3) The accident prevention course shall consist of instruction suited to the particular operations involved. 13

Code of Federal Regulations

Footnote(s): 13 The following are recommended topics: Safety responsibility and authority; elements of accidents prevention; attitudes, leadership and motivation; hazards of longshoring, including peculiar local circumstances; hazard identification and elimination; applicable regulations; and accident investigations.

Code of Federal Regulations

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]