I was waiting for someone to ask this.....two were built by me, one was commercially built, but modified by me. Here is the way I (and my OSHA instructer/crane certifier a few weeks ago)interpeted the regs: they have to be engineered OR designed by a qualified person, and as a certified rigger I AM a qualified person.
I also told him I've load tested them. He is a retired iron worker who now instructs OSHA compliancy classes and crane operator certifications, as such he has a practical background and some common sense! He gave me some very good points, one being if you are making a serious effort to "be compliant", and have most of the regs clearly complied with, and you don't be a wise with the "compliance officer" (kind of like dealing with a traffic cop, suck up), you have some wiggle room as to how some of the regs are enforced.
Obviously, if a spreader bar failed, I'd be in deep doo doo no matter what (factory built, professionaly engineered or no) so the way I deal with that is simply make them stout enough, times 4, to not fail. This is the same way I made my first man basket after pricing store bought ones. $2,000.00 for a one person basket, made out of 1" sq. tube, I used 2" for mine, welded AND bolted together, and then placarded (the placards are the thing) it for a max weight of 250 Lbs., where it would easily hold 10 times that.
So, in building my own spreader bars I am taking into consideration:
1. The odds of being checked by OSHA.
2. If I am checked, and have all my ducks in a row, a good attitude, and am using the placarded, inspected, bar properly (within it's load range) all rated rigging with all their inspection records, we can then quibble as to whether or not, as a certified rigger, I meet the definition of a qualified person as per spreader design.
3. Any spreader built by me will never fail in normal use time 3 or 4.
I'm comfortable with the above considerations, I'll let ya all know if I ever go through a compliancy check and how it goes. BTW, my iron worker buddy also moonlights as a compliance officer himself, so when he said it looked like I had my butt covered (and agreeded the bars were way strong)I figured I was good to go. I had been using my own spreaders for years, but just recently got them "certified" (by me, after I got the rigger cert.), tagged etc.