Agenda
• Welcome & Introductions• Innovation / Testing Services• QM / Legal• Certification• Marketing• Open Forum• Closing
2Revised: 4/27/2021 Training Provider Roundtable
Objective / Purpose of TPRT
• Communicate the priorities and actions of NCCCO to the training community
• NCCCO to hear input and feedback from the training community
• Framework– Only top training providers are invited– Meetings will be held at least 1x per year– Meetings will be held around Commissioner
meeting week
3Revised: 4/27/2021 Training Provider Roundtable
State of the Program
• NCCCO by the Numbers– 1 of 4 accredited crane operator certification
bodies– 32 different certifications– 111,892 current certificants– More than 1,500,000 exams administered– In 2020, delivered nearly 1 exam every minute*
» * based on 52 weeks / 40 hours per week
4Revised: 4/27/2021 Training Provider Roundtable
State of the ProgramNCCCO Testing Volumes
5Revised: 4/27/2021 Training Provider Roundtable
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
2020 2019 2018 2017 2016 2015 2014
Total Exams
State of the ProgramNCCCO Testing Volumes - 2020
6Revised: 4/27/2021 Training Provider Roundtable
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Total Exams
2020 2019 2018 2017 2016 2015
State of the ProgramNCCCO Testing Status
7Revised: 4/27/2021 Training Provider Roundtable
• 5,864 test locations open – 100% (August)– Social distancing protocols in place– Enhanced cleaning protocols in place– Additional hours were made available– Additional days were made available
• Temporary extension of certification expiration dates were extended through July 2020.
• Extended Practical Examiner approval dates– Provided virtual refresher workshops
State of the ProgramANSI/ANAB Accreditation Assessment
9Revised: 4/27/2021 Training Provider Roundtable
• Accreditation Assessment– Conducted in August– 11 NCCCO individuals were interviewed– 12 document categories / 1,950 pages– Alignment to ISO 17024
– 8 NCR’s (17 last field audit – 2018)
State of the ProgramANSI/ANAB Accreditation Assessment
10Revised: 4/27/2021 Training Provider Roundtable
• Non-Conformities– 6.3.1 – Contractual agreements for 2 vendors
were not complete – RESOLVED– 7.4.2 – Procedures to be developed regarding
number of candidates or duration test forms can be in the field – RESOLVED
– 8.4 – Provide documentation of the representativeness of standard setting panels –RESOLVED
– 8.5 – Scheme includes written and practical. Provide documentation of relative contribution of exams to cert. decisions - REMOVED
State of the ProgramANSI/ANAB Accreditation Assessment
11Revised: 4/27/2021 Training Provider Roundtable
• Non-Conformities (continued)– 9.2.4 – Evaluation of test form performance needs
to focus on reliability of reported scores and exam performance over shorter periods – RESOLVED
– 9.3.2 – Research into the differences between PPT and CBT scores and passing rates – RESOLVED
– 9.3.5 – Exam review / replacement cycle needs to take into consideration quantity, revision duration, corrected item volume and timing – RESOLVED
– 10.2.1 – EDMM needs to be updated - RESOLVED
State of the ProgramSpanish Language Exams
12Revised: 4/27/2021 Training Provider Roundtable
Mobile Crane Operator – Launched at ConExpoMobile Core, LBC Manitowoc, TSS Manitex, and TLL Grove
Articulating Cranes – Launched October 1, 2020
State of the ProgramRecertification - OSHA
15Revised: 4/27/2021 Training Provider Roundtable
“Recertification establishes a standardized, baseline knowledge of equipment operation for operators and indicates to an employer that a certified operator has a least a certain knowledge of how to operate a crane. Recertification helps to ensure that an operator does not lose this baseline knowledge over time. It also helps to ensure continuing education for certified operators so they are aware of any regulatory changes that impact their work.”
- Federal Register – Vol 83, No. 218 – pg 56218
State of the ProgramRecertification
16Revised: 4/27/2021 Training Provider Roundtable
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
2014 2015 2016 2017 2018 2019 2020
Recertification Exam Rate to Initial Exam
Mobile Rig 1
State of the ProgramRecertification
17Revised: 4/27/2021 Training Provider Roundtable
• ASME targeted areas of change– Rigger Responsibilities– Rigger Qualifications– Signal Person Responsibilities– Signal Person Qualifications– Lift Director Qualifications
• NCCCO’s position:– Recertification is a key element in ensuring
retention of baseline knowledge while also providing continuing education regarding regulatory or industry standard revisions.
State of the ProgramDepartment Chart
18Revised: 4/27/2021 Training Provider Roundtable
TESTING SERVICES
Marc HoneDirector, Testing
Services
CERTIFICATION &
CREDENTIALINGBob Mahlman
Director, Certification & Credentialing
FINANCE
David Calimlim
(RSM)Controller
MARKETING &CUSTOMER
SERVICETara WhittingtonDirector, Marketing &
Customer Service
2021-03
Thom SicklesteelChief Executive Officer
For internal management use only. No indication of employment status intended or implied.
QUALITY MANAGEMENT
John ZarianGeneral Counsel /
Senior Director
INNOVATION
Joel OlivaSenior Director,
Innovation
HUMAN RESOURCES
Kathryn SmithDirector, Human
Resources
TESTING SERVICES TEAM
See Separate Team Chart
CREDENTIALING TEAM
See Separate Team Chart
MARKETING & CUSTOMER
SERVICE TEAM
See Separate Team Chart
QUALITY MANAGEMENT
TEAM
See Separate Team Chart
INNOVATION TEAM
See Separate Team Chart
HUMAN RESOURCE
TEAM
See Separate Team Chart
FINANCE TEAM
See Separate Team Chart
LOCATION LEADERS
VA – Kathryn Smith
UT – John ZarianFL – Joel Oliva
SENIOR LEADERSHIP TEAM
Joel OlivaJohn Zarian
LOCATION TEAM
See Separate Team Chart
LEGAL
John ZarianGeneral Counsel
LEGAL TEAM
See Separate Team Chart
Innovation/Testing Services Departments
Joel Oliva, Senior Director of Innovation
Marc Hone, Director of Testing Services
TRAINING PROVIDER ROUNDTABLE
Innovation/Testing Services
• PPT online application feedback• Phase out of PPT and new modalities• Email notifications• myCCO app 2.0• Practical online application rollout• Practical exam fee changes• Rigger/Signalperson fee/process changes• Training Provider data tracking• Standardized Mobile Crane Operator CADs
20Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
PPT online application
• PPT online application relaunched at end of 2020• As of February 1, 2021, online application is
mandatory• Requires candidates to submit applications
– TSCs are copied on correspondence• Feedback received
– TSCs requesting two separate email addresses– TSCs requesting ability to submit multiple applications
and provide payment on behalf of candidates
21Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Phase out of PPT
• Current modalities: PPT and CBT• CCO Board of Directors has approved
sunsetting PPT by end of 2022– Exam compromise issues– Costs associated with printing/shipping– Creates delays in process and limits flexibility
• CCO is actively exploring new modalities for testing in the future
22Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New testing modalities
• Event-based testing (potential replacement for PPT)– Test Administration requests made by TSCs– Proctor still will be required– No more exam booklets/box!– Sites will be required to provide internet; candidates will need a
laptop/PC to take the exam (provided by candidate or site)– Proctor will check in candidates and activate test session on device– Candidate will perform exam(s) on device and receive score
immediately (just like CBT)– Considerations:
• System check feature available to ensure device/internet are properly configured (e.g. firewall issues)
• Load Chart, calculator, scratch paper – seek to eliminate these in hard copy• Integration with CCO Certification Management System
23Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New testing modalities• Live Remote Proctoring (potential replacement for CBT)
– COVID-19 changed the testing industry, growth of LRP has been significant and accepted by accrediting bodies
– Provides candidate highest level of flexibility for testing• Can test 24/7/365, from anywhere with a PC/laptop and internet connection• Testing windows can be booked 24 hours in advance (or less)
– Test station required to be private (closed room), with a webcam, microphone, and speakers/headphones
• Check in process requires a room scan and ID verification• During exam, proctor is monitoring candidate and can stop the exam at any
time. All sessions are recorded and can be reviewed by CCO.
– Candidate will receive score immediately (just like CBT)– Considerations:
• Same as Event-based testing option• High bar to maintain ANSI accreditation• More test administration related issues (less control over test site, reliance on
internet)
24Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Email Notifications
• Email address is now fundamental for candidates taking CCO exams
• Email address must be unique and personal!– Annual recertification reminders transitioned to email
May 1, 2020– Admission letters are sent via email as of April 1, 2021– Result letters/strength and weakness reports via email
coming soon
• Want to update your email address… use the app!
25Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
myCCO app 2.0• Brand transition from myNCCCO to
myCCO• Registration can be done with either
certification number or candidate ID• Will be able to see exam data in the app.
– Upcoming Exams/Pending Results– Exam History (last 12 months)
• Available on Apple iOS and Android Google Play Store
26Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New Practical Online Application/Process
• Modeling CBT Online Application Process• Current process challenges
– Difficult to project workload, revenue, expenses– Financial transactions occur post-event– Candidate eligibility review absent– Bundle pricing promotes bundled testing
All lead to Processing and Reporting Delays
29Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New Practical Online Application/Process –Pre Exam Administration
• Proposed new process• Prior to scheduling/taking practical exam
– Candidate submits online application• Minimum 5 business days prior to expected test date• Expedited option 2-4 business days prior ($50 fee)• Same day or 1-day registration not permitted• Fees charged at time application is submitted
– Application reviewed/approved by staff• Candidate receives approval notice, including
authorization code• Authorization is valid for 90 days
30Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New Practical Online Application/Process -Scheduling
• Scheduling exam appointment– Candidate contacts Practical TSC/PE directly
• TSC must require candidate to have pre-applied online
– TSC/PE coordinate date/time• Candidate presents approval/authorization notice• PE Administers exam per SOP
31Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
New Practical Online Application/Process –Post Exam Administration
• After practical exam has been administered– PE submits completed score sheet(s) to CCO
• Via established eSubmit process (current 10 days)• Continue to include photos• STOP - Applications, Payment no longer required
– TS process score sheets, report performance• Via emailed Pass/Fail Report• Via myCCO App• Via Mailed Letter, w/CCO Card
32Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
33Revised: 4/27/2021 Training Provider RoundTable –Innovation/Testing Service
33333333333333333333333333RRRRRRRRRRReeeeeeeeeeevvvvvvvvvvviiiiiiiiiiissssssssssseeeeeeeeeeeddddddddddd::::::::::: 44444444444444//////////////////////////222222222222222222222222777/2021 Trainnnnnnnnniiiiiiiiiiiiiiiiiiinnnnnnnnnnnnnnnnnnnnnnnggggggggggggggg PPPPPPPPPPPrrrrrrrrrrrooooooooooovvvvvvvvvvviiiiiiiiiiidddddddddddeeeeeeeeeeerrrrrrrrrrr RRRRRRRRRRRooooooooooouuuuuuuuuuunnnnnnnnnnnnnnnnnndddddddddddddddddddddddddddTTTTTTTTTTable –Innovation/Testing Service
Training Provider RoundTable – Innovation/Testing Service 34Revised: 4/27/2021 Training Provider RounRevised: 4/27/2021 n/Testing Service 34
35Revised: 4/27/2021 Training Provider RoundTable –Innovation/Testing Service
7//////////////////////////////////////22222222222222222222222222222220000000000000000000000000000000000000000000000000000000000000000022222222222222222222222222221 Training Provider RoundTable –Innovation/Testing Service
New Practical Online Application/Process
• Other Considerations:– Same Day Retest still permitted – requires an on-the-fly
application, additional exam fees and expedite fees apply
– No cancellation policy– No extension policy (90 day window)– Score sheets submitted without pre-authorization
• Candidate and PE will be notified, a strike on the PE record
• Timeline– Launch new online application process: July 1, 2021– 1-month transitional period through July 31, 2021
37Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Operator Practical Exam Fee Changes
• Current state– Bundle pricing leads to operational complexities
• Delay in submission of score sheets• Some candidates are disadvantaged due to
scheduling limitations
• New Fee Structure– $60 flat rate for each practical exam– Eliminate exam bundling discounts– Effective Date: July 1, 2021
38Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Rigger/Signalperson Practical Exam Fee/Process Changes – Combined TAs
• Current state– Combined pricing leads to operational
complexities• Scheduling limitations• Delay in submission of practical score sheets• Retesting complexities / fee differences
• New Fee Structure– $85 flat rate for each written and practical exam
(Signalperson and Rigger Exams)– Provide increased scheduling flexibility– Eliminate exam bundling discounts– Effective Date: July 1, 2021
39Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Rigger/Signalperson Practical Exam Fee/Process Changes – Combined TAs
• What does this mean?– SGP/RIG written exams
• Schedule at any written test administration• Schedule at any CBT location• Fair and consistent pricing
– SGP/RIG practical exams• Schedule via standard practical process• Schedule at any practical site• Fair and consistent pricing
40Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Training Provider data tracking
• NCCCO is seeking better data on who our top training providers are.
• Will begin asking candidates to provide information on the primary resource for training
TRAINING INFORMATION (optional)o Self Studyo Training Provider: ________
o Phone: _________o Address, City, State, Zip: _______________o Name of Trainer: _____________
41Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Mobile Crane Program – Standardized CADs
• Current process challenges– Takes a long time to generate– Delay in testing– Very little flexibility– Labor Intensive
All lead to Processing and Approval Delays
42Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Mobile Crane Program – Standardized CADs
• New process– Similar to other programs w/standardized CADs
(e.g. Articulating, Overhead, Tower)– Lattice, Swing Cab, Fixed Cab exams affected
• Each will have 2-3 standardized CADs• 80%-90% of cranes in use fit into these categories
– Maintain flexibility for unique equipment outliers = customized CADs (fee will apply)
• Benefits– Reduce processing / wait times
43Revised: 4/27/2021 Training Provider RoundTable – Innovation/Testing Service
Quality Management (QM)/Legal Departments
John Zarian, Senior Director of Quality Management/General Counsel
TRAINING PROVIDER ROUNDTABLE
Quality Management (QM) Department
Quality Management
Program Accreditation
(ANAB)
Audit Program
Practical Examiner
Accreditation
Program Accreditation
(ANAB)
Prog
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 46
Strategic Plans for PE Accreditation Program
• Major Goal #1: Change the Paradigm– From focus on rules and policing of PEs– To emphasis on training/support (coaching)
Initial Phases
Growing Program
Mature Program
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 47
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal
Strategic Plans for PE Accreditation Program (cont’d)
• Major Goal #2: Simplify and streamline the Delivery of PE Accreditation Program(s)
48
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #1– Consolidate/reorganize Practical Examiner
Handbooks, one per program (9)– Target: effective July 1, 2021
• Initiative #2– Develop Practical Examiner “Field Guides”, one
for each PE Handbook, one per program (9)• Pictures, diagrams, practical tips, etc.
– Target: effective July 1, 2021
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 49
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #3– Review and update types/content of Workshops
• Review number/types of workshops (e.g., refreshers)• Develop “modules” and update workshop outlines
– Target: effective January 1, 2022
• Initiative #4– Review the means of delivering PE workshops
and provisional audits for PE candidates• Workshop/audit events; virtual workshops; etc.
– Target: effective January 1, 2022Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 50
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #5– Eliminate requirement of prior “practical
experience” for Practical Examiner candidates– Target: effective July 1, 2022
• Initiative #6– Modify requirements and procedures for PE
Initial Audits (to increase minimum thresholds)• e.g., minimum number of discrepancies
– Target: effective July 1, 2021?
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 51
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #7– Eliminate PEAP workshop written examinations
for initial accreditation & reaccreditation• But use exams as workshop instructional tools
– Target: effective July 1, 2022
• Initiative #8– Develop a “continuing education” program
with requirements to attend annual class(es)• Possibly in non-reaccreditation years, class fee?
– Target: effective July 1, 2022Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 52
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #9– Eliminate the requirement of a minimum
number of practical examinations each year– Target: effective July 1, 2022
• Initiative #10– Develop a series of “How-To” instructional
videos for PEs (one for each practical exam)• Make these available to PEs on demand
– Target: effective July 1, 2022
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 53
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #11– Develop a policy to revise/formalize the “prior
certification” requirement to address the needs of new, small and/or “different” programs
– Target: effective Jan. 1, 2022
• Initiative #12– Develop a specific Conflicts of Interest policy
for Practical Examiners– Target: effective Jan. 1, 2022
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 54
Strategic Plans for PE Accreditation Program (cont’d)
• Initiative #13– Consider changes to governance structure
• Modify scope/charter of PEAC to include cross-program oversight of PE accreditation and audits
• PEMC would retain responsibility for managing all content of practical examinations in mobile program
– Target: effective July 1, 2021
• Initiative #14– Lay foundation for an “Evaluator” Certification– Target: effective July 1, 2022 or Jan. 1, 2023
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 55
Audit Program - History
• The Practical Exam audit program was formally launched in 2001.
• Over the years, Written Exam audits have been conducted on a limited basis.– Site visits– Interviews with candidates– Interviews with Chief Examiners
• NCCCO has a fairly robust TSIR (Test Site Incident Report) process in place.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 56
Audit Program – Requirements
• ANSI National Accreditation Board (ANAB)• ANSI/ISO 17024 requirements:
– Certification body shall monitor the performance of examiners
– Security policies shall include provisions to ensure the security of examination materials
– Certification bodies shall prevent fraudulent examination practices
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 57
Audit Program:Practical vs. Written Audits
Practical Examinations Written Examinations
Exams conducted by independent Practical Examiners
Exams conducted by independent third-party vendors (PPT or CBT)
Practical Examiners are directly accredited by CCO
Examiners are appointed by third-party vendors following CCO guidelines
Practical Examiners attend CCO workshops and must pass an audit
Examiners are trained by third-party vendors following CCO guidelines
Historically, CCO did not receive prior notice of practical examinations
In general, CCO schedules written exam administrations well in advance
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 58
Audit Program:Written Examination Audits
• Launch of Written Examination Audit Program in 2021 – Pilot– Paper Pencil Testing (PPT) locations
• Room Setup• Chief Examiner Responsibilities
– Computer Based Testing (CBT) locations• Test Booklet review• Security review
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 59
Audit Program:Written Exam (PPT) Audits
• Paper & Pencil (PPT) Written Exam Audits– Unannounced and announced audits – Auditor will sit through exam administration– Auditor will conduct site audit
• Includes review of exam room(s)• Test Site Coordinator responsibilities• Chief Examiner responsibilities• Check-in procedures• Starting/stopping exam(s)
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 60
Audit Program:Written Exam (CBT) Audits
• Computer-Based Testing (CBT) Written Exam Audits– Unannounced and announced audits– Auditor will conduct site audit
• Includes review of exam room(s)• Exam Administrator responsibilities• Security check-in• Exam reference material review• Computer review
– Function– Calculator function
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 61
Written Examination Audits!
• We will need everyone’s cooperation!• Important policies are as stake:
– Security of written exam materials– Quality of written exam administrations– Ensuring that examiners are properly
trained by CCO’s third-party vendors – Ensuring all examinations are
administered in a fair and valid manner
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 62
Legal Department
Contracts Corporate Compliance
Risk Management
Program Integrity
Intellectual Property
Initiatives
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 63
Training Provider Services/ Payment Resolution (Policy)
• The NCCCO Program Integrity Team (PIT) has procedures to address allegations that Training Providers have either failed to provide servicesor failed to pay for services.– A failure to provide services means the failure to
procure NCCCO exams or to provide NCCCO test administration services in situations where monies have been paid for services that include or purport to include the payment of NCCCO examination fees or other NCCCO fees.
– A failure to pay for services means the failure, without good cause, to compensate an NCCCO accredited Practical Examiner or a Test Site Coordinator for services pertaining to the administration of NCCCO examinations.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 64
Training Provider Services/ Payment Resolution (Website)• Policy may be found online at:
– https://www.nccco.org/nccco/about-nccco/policies/program-integrity-policies-and-procedures/matters-involving-complaints-against-training-providers
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 65
Training Provider Services/ Payment Resolution (Procedures)
1. Written complaint submitted to NCCCO, alleging that a Training Provider failed to provide services or failed to pay for services.
• Note: complaints concerning the quality of services provided will not be accepted.
2. Upon receipt a complaint, NCCCO will contact the Training Provider and ask for a response within fourteen (14) days.
3. The Complainant will then be made aware of the response, or lack thereof, and be given a chance to respond.
4. If the complainant is unsatisfied with the Training Provider’s response, NCCCO may request a further response.
5. NCCCO may request supporting documentation from the complaint or training provider, or both.
6. Complaints will generally be closed within 45 calendar days that they are received by NCCCO.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 66
Training Provider Services/ Payment Resolution (Procedures)
7. Upon closure, each complaint will be assigned one of the following statuses:• Resolved. The complaint was resolved satisfactorily.• Unresolved. The Training Provider failed to respond to the
dispute or otherwise did not resolve or offer to resolve the dispute in a satisfactory manner.
• Training Providers that fail to provide or pay for services, as defined by this policy, to two (2) or more complainants within a 12-month period, and if those complaints remain unresolved, the training provider will be placed on a list maintained on the NCCCO website, identifying it as a Training Provider that has failed to provide or pay for services.
• A Training Provider on the foregoing list will remain listed until all complaints have been resolved, and for a minimum of six (6) months or other minimum time established by the Program Integrity Team.
– https://www.nccco.org/nccco/resources/training-resources/complaints-involving-non-listed-training-providers
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 67
Trademarks: Training Provider Agreement
• Training Provider Agreement
– “By signing below, on behalf of the company or organization submitting this application, you agree to the terms and conditions set forth herein…[including] any use of the NCCCO Marks”
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 68
Trademark: Definition of Trademark Infringement
• Trademark Infringement (defined)
• Unauthorized use of a trademark in connection with goods/services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods/services
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 69
Trademark: Illustration #1
• Illustration #1– Bill’s company is a listed training provider
through NCCCO. Bill creates on online event to promote his upcoming training class.
• Is this trademark infringement?
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 70
Trademark: Illustration #1 (continued)
• Yes, Bill’s event misuses the “NCCCO” trademarked acronym.
• Training providers may properly referto NCCCO but may not use the acronym in a way that suggests NCCCO is involved with the course, or the source of the goods/services.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 71
Trademark: Illustration #1 (continued)
• Compare: an example of a non-infringing use of the NCCCO acronym:
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 72
Trademark: Illustration #2
• Illustration #2– Bill’s company is listed as a training provider
through NCCCO. Bill creates on online event to promote his upcoming training class.
• Is this trademark infringement?Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 73
Trademark: Illustration #2 (continued)
• Yes, Bill’s event misuses the NCCCO logo by improperly suggesting that NCCCO is involved with the course.
• Training providers logos should be more prominent than NCCCO’s logo.
• Training providers should also provide a disclaimer to ensure there is no misrepresentations.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 74
Trademark: Illustration #2 (continued)• An example of a non-infringing use of the logo:
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 75
Trademark Protection and Enforcement (Program Integrity)
• NCCCO Trademark Protection– NCCCO has registered its logos,
acronyms, and word marks with the U.S. Patent and Trademark Office.
– NCCCO actively investigates claims of trademark misuse .•16 trademark infringement matters
were investigated in 2020.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 76
Trademarks: Best Practices
• Recommendations for Training Providers– Thoroughly read NCCCO’s trademark usage
policies, available at nccco.org.– Include a disclaimer/explanatory language
describing your relationship with NCCCO.– Attribute ownership of trademarks owned
by NCCCO (or others).– Come to us with any questions!
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 77
Copyrights: Training Provider Agreement
• Training Provider Agreement
– “Applicant will not disclose, nor cause to be disclosed, to anyone outside of NCCCO, any confidential information obtained as a result of participation in the NCCCO certification program, including, without limitation, the content of any examination.”
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 78
Copyrights: Definition of Copyright Infringement
• Copyright Infringement (defined)– The unauthorized use of copyrighted material
that violates one of the copyright owner’s exclusive rights, such as the right(s) to use and distribute the copyrighted work.
– An individual who is not aware that the material is copyrighted may still be liable for copyright infringement.
– Statutory damages for copyright infringement may result in up to $150,000 per violation, as well as attorneys’ fees, if willful.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 79
Copyright: Illustration #1
• Illustration #1
– Bill gives Todd a “practice examination” that he received from a friend.
– Todd uses the practice examination in his training course.
– Neither Bill or Todd are aware that the practice examination contains NCCCO copyrighted content.
• Is this copyright infringement?
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 80
Copyright: Illustration #1 (continued)
• Yes, both Todd and Bill have committed copyright infringement.
• “’Innocent infringement,’ or copying from a third source wrongfully copied from the plaintiff, without the knowledge that the third source was infringing, does not absolve a defendant of liability for copyright infringement.” Lipton v. Nature Co.,71 F.3d 464, 471 (1995).
• It is copyright infringement to use and distributecopyrighted material.
• Knowledge of the copyright does not factor into liability for copyright infringement.
Revised: 4/27/2021 Training Provider Roundtable - QM/Legal 81
Copyright: Illustration #2
• Hypothetical #2– Todd takes an NCCCO certification examination. – While sitting for the exam, Todd memorizes
questions and answers. – After the examination, Todd writes down the
questions and answers he memorized. – Todd uses these questions in his training
materials.
• Is this copyright infringement?
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Copyright: Illustration #2 (continued)
• Yes, this is copyright infringement.• A test preparation company was found to have
committed copyright infringement based on their handwritten notes reconstructing secure test questions after taking a secure examination.– National Board of Medical Examiners v. Optima
University, LLC, 2011 U.S. Dist. LEXIS 143645 (2011).
• Copying a question is still copyright infringement, no matter how you “obtain” or copy the material.
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Copyright: Illustration #3
• Hypothetical #3– Todd reviews crane operator standards and
creates his own training questions by including the language from relevant standards.
– Todd uses these questions in his training course. – Todd does not know that NCCCO included the
same language of the same standard(s) in its copyrighted material.
• Is this copyright infringement?
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Copyright: Illustration #3 (continued)
• No, this is not copyright infringement.• To prove copyright infringement, “an average lay
observer would [have to] recognize the alleged copy as having been appropriated from the copyrighted work.”– National Commission for the Certification of
Crane Operators v. Nationwide Equipment Training, 2020 U.S. Dist. LEXIS 239754.
• If you can prove that you are the creator of the original content and show the valid source of your material, you have not committed copyright infringement.
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Copyright Protection and Enforcement
• NCCCO Copyright Protection– NCCCO has registered all written examinations
with the U.S. Copyright Office since 1995, as well as other business materials, resulting in more than 400 registered copyrights.
– NCCCO actively investigates claims of copyright infringement of copyrighted material.
• Currently in litigation with a training provider in federal court, for claims of copyright infringement.
• Investigated 8 training providers in 2020 for potential copyright infringement.
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Copyrights: Best Practices
• Recommendations for Training Providers– Create your own training materials.– Avoid using material from third-parties.– Assume that any material that was created
by someone else is copyrighted.– Come to us with any questions!
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Certification and Credentialing Department
Robert Mahlman, Director Certification and Credentialing
TRAINING PROVIDER ROUNDTABLE
Overview
• Sunset of Telescopic Boom – Restricted• Sunset of Short Boom Restriction• Considering sunset of Boom Truck-Fixed Cab• Digitization of Supplemental Materials• Initial Exam – Recertification Exam Consolidation• Integration of WA Crane Certifier and CCO Crane
Inspector Programs• New Programs
– Concrete Pump Operator– Telehandler
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Sunset of Telescopic Boom Crane - Restricted
• In 2018 NCCCO launched the Telescopic Boom Crane – Restricted program to address needs of the National Precast Concrete Association (NPCA) – Boom trucks with short booms, no attachments,
and a basic load chart.– Written exam is unique to the restricted
certification: removed items unrelated to precast industry
– Candidates take a practical exam on a full TLL and/or TSS.
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Sunset of Telescopic Boom Crane - Restricted
• Testing volumes have been very low. Three exams have been administered in the last 18 months, none since February 2020.
• There are currently only 38 individuals who hold one of the restricted certifications (TLL-R or TSS-R).
• NPCA leadership indicated that it did not appear to be a priority for the association’s members.
• Among key training providers who had originally provided support to help develop and launch these programs, none indicated any current or future expected interest in the program.
• As part of a review of its certification schemes, NCCCO is seeking to better align with prevailing industry standards (e.g. ASME B30). This certification, which is tailored more to a specific industry application does not align with NCCCO’s approach moving forward.
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Sunset of Telescopic Boom Crane - Restricted
• NCCCO Board decided to sunset the Telescopic Boom—Restricted Written Exam effective December 31, 2020.
• It is suggested that candidates they take the full TLL and/or TSS written exams.
• The 38 current certificants will be provided a “conversion” option at their next recertification cycle to be able to convert their restricted certifications to full certifications.
• At recertification, to maintain their credentials, they would be required to take the full length TLL and/or TSS certification exams.
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Sunset of Short Boom Restriction
• Cranes used for the standard NCCCO Mobile Crane Practical Exam testing must meet the following boom length requirements:– - min 38 ft. of reach– - min 30 ft. of reach
• Short boom accommodates different equipment. The minimum boom length for a Short Boom Restriction are:– - 30 ft.– - 25 ft (requires a rear mount
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Sunset of Short Boom Restriction
• In order to accommodate these cranes, the corridors were shortened to 10 ft. and 6 ft. wide. A 2 ft. diameter test weight is required to accommodate these courses.
• Only 121 SB certifications issued since 2010• While Company Representatives agreed to
the SB practical exam courses, candidates never agreed to the limitation (at least not in writing)
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Sunset of Short Boom Restriction
• Due to low testing volume and lack of industry support, NCCCO’s Board of Directors has decided to no longer offer this restricted certification, effective January 1, 2021.
• Disadvantage: Current certificants are being notified that they will be required to retest on the practical exam at recertification on a non-restricted crane.
• Advantage: The standard certifications meet the requirements of OSHA Subpart CC and allow certificants to operate a wider variety of cranes.
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Consideration of Boom Truck-Fixed Cab (BTF) Sunset
• There are only current 167 certificants who specifically targeted achieving the BTF certification.
• Every TSS certificant automatically gets the Boom Truck-Fixed Cab. – The practical exam is the same (although BTF must test on a boom
truck)
• The numbers suggest that it hasn’t been highly accepted in the market
• It doesn’t align well with types of cranes described in ASME B30.5.
• Easy to convert at recertification – just take the TSS Certification.
• WHAT ARE YOUR THOUGHTS?
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Digitization of Supplemental Materials
• About 50% of NCCCO’s exams have supplemental materials– Mostly load charts and similar reference materials.– For paper-pencil exams, these are “inserts”– For computer-based testing, these are handouts.
• Moving toward digitizing all the supplements so that they can be embedded within the computer-based tests – no more handouts.
• Related – moving toward reducing the number/pages of supplements
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Initial Exams Become Recertification Exams
NCCCO is proposing that the exam management committees consider using the current, active initial certification examinations as the exams to be used for recertification purposes. • Higher reliability and validity of exams• Reduced item writing burden on the committees; fewer
exams for the committees to manage.• Greater focus on the quality of the exams• Facilitates the ability to create a system so that we have an
“exam in waiting”• Enhances test fairness• Likely launch – January 2022
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Integration of WA Crane Certifier and CCO Crane Inspector Programs
• Currently Washington State has a Crane Certifier program that NCCCO administers– WA State General Exam– WA State Articulating Exam– WA State Mobile Exam– WA State Overhead Exam– WA State Tower Exam
• Future– WA State General Exam– NCCCO Crane Inspector Program
• Mobile (covers aspects of Articulating), Overhead, Tower
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New Programs
• Concrete Pump Operator– Task Force first met in November, 2020– Job analysis is underway– Kyle Rask is chairperson
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New Programs
• Telehandler Operator– Task Force first met in November, 2020– Job analysis is underway– Tony Dotto is chairperson
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Marketing Department
Tara Whittington, Director Marketing and Customer Service
TRAINING PROVIDER ROUNDTABLE
Branding
• Founded in 1995 to develop certification for crane operators– Mobile Crane Operators– Tower Crane Operators– Overhead Crane Operators
• Signalperson, Rigger, Crane Inspector, Digger Derrick Operator, Dedicated Pile Drives, Drill Rig Operators…..
• Telehandler and Concrete Pump Operators
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Rebranding
• New logo launched January 2021
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Who are we?
• National Commission for the Certification of Crane Operators
• NCCCO• CCO• NCCO
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Current Mission/Vision
NCCCO MissionTo develop effective performance standards for those who work in and around load handling equipment; provide fair, valid, and reliable assessments of their knowledge and skill; and act as an authoritative industry resource of related information.NCCCO VisionA global lifting environment in which safety is enhanced by reducing load handling equipment and related risks, improving performance records, and stimulating training.
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Revised Mission/Vision
NCCCO MissionTo develop effective performance standards; provide fair, valid and reliable assessment; act as an industry resource; and be the leader in providing certification for those who work in and around load handling equipment.NCCCO VisionA lifting environment in which safety is enhanced by increased training, improved performance, and reduced risk of working in and around load handling equipment.
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Opportunities to Be Listed
• Practical Examiners for Hire• Open Practical Exam Sites• Open Paper/Pencil Test Administrations• Training Provider Directory
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Training Provider Directory
• On July 1, 2021, all previously granted permissions to use to an NCCCO logo will be revoked.
• All companies MUST re-apply to use an NCCCO logo.
• New applications will be available in early June 2021 for re-application.
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Training Provider Directory
• Listings must be renewed annually• Listing agreement was updated for 2021
– On June 30, all previously granted permissions to use an NCCCO logo will be revoked
– New trademark usage policies as of July 1• Prior to July 1, 2021, all training providers
who want to use an NCCCO logo must sign an additional agreement re: trademarks
• Annual renewal cycle for 2022 starts in December; the listing agreement will incorporate new trademark usage policies
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Training Provider Recognition Logo
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• New graphics created for training providers• General approval for certain limited uses• Other uses available by specific approval• Use of “standalone” logo will be restricted
Opportunities to Engage
• Commissioner Week (in-person)– Exclusive
Availability
• 25th (take 2!) Anniversary Gala
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How Can We Work Together?
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• Share information NCCCO distributes via your own channels
• Signup for the CCOnline• Share information about common
misconceptions on policy/certification• Where are your clients
– Social Media Platforms– Events
How Can We Work Together?
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QUESTIONS ON ANY OF TODAY’S PRESENTATIONS?
How Can We Work Together?
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WHAT ARE WE DOING THAT WORKS?
WHAT DIFFERENTIATES NCCCO FROM OTHERS?