Hoisting Apparatus – Competent Person for Annual Inspection and Certification Legislative Interpretations

Question

How do I know if a person is competent to inspect and certify my hoisting apparatus?

Response

General Regulation 91-191 defines competent as:

(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,

(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and

(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;

Competency requirements vary with each type of hoisting apparatus. Section 207(2) of Regulation 91-191 cites the following standards.

• CSA B167-08(R2015) “Overhead travelling cranes – Design, inspection, testing, maintenance, and safe operation” or a standard offering equivalent or better protection.
• CSA C22.2 No. 33-M1984 (R2014),” Construction and Test of Electric Cranes and Hoists” or a standard offering equivalent or better protection.
• CSA Z248-04 (R2014) ”Code for Tower Cranes” or a standard offering equivalent or better protection.
• CSA Z15011, “Safety Code on Mobile Cranes” or a standard offering equivalent or better protection (See note below)

Employers must ensure the inspector certifying the hoisting equipment meets the requirements of the applicable standard. When inspecting or investigating a workplace with a hoisting apparatus, WorkSafeNB references these same standards when determining compliance with the Regulation.

Other standards, such as ANSI and ASME, or manufacturer requirements that cover types of hoisting apparatuses not covered by CSA may also help determine competency requirements.

We recommend employers responsible for appointing competent inspectors also use these standards to help ensure appropriate appointments of competent persons.

Employers must ask the right questions and, if necessary, obtain copies of training certificates to ensure the inspector/certifier is competent to inspect the hoisting apparatus based on their knowledge, training and experience. In addition, the inspector/certifier must be fully knowledgeable of New Brunswick’s regulatory hoisting apparatus requirements and of the risk to health and safety in case the hoisting apparatus fails.

Note: The annual inspection requirements for mobile cranes are different than other hoisting apparatuses. They must be inspected by an engineer, or a competent person supervised by an engineer.

Referenced Legislation

210.01(1) An employer shall ensure that a hoisting apparatus is inspected every twelve months by a competent person to ensure that the apparatus meets the manufacturer's specifications.

213.21(1) An employer shall ensure that a mobile crane is inspected every twelve months by an engineer or a competent person who is supervised by an engineer.