Cranes and Derricks in
Construction
Final Rule
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) released a
historic new standard, addressing the use of cranes and derricks in
construction and replacing a decades old standard. The significant
number of fatalities associated with the use of cranes and derricks
in construction and the considerable technological advances in
equipment since the publication of the old rule, issued in 1971, led
the Labor Department to undertake this rulemaking.
In 1998, OSHA's expert Advisory
Committee on Construction Safety and Health (ACCSH) established a
workgroup to develop recommended changes to the current standard for
cranes and derricks. In December 1999, ACCSH recommended that the
Agency use negotiated rulemaking to develop the rule. The Cranes and
Derricks Negotiated Rulemaking Committee (C-DAC) was convened in
July 2003 and reached consensus on its draft document in July 2004.
In 2006, ACCSH recommended that OSHA use the C-DAC consensus
document as a basis for OSHA's proposed rule, which was published in
2008. Public hearings were held in March 2009, and the public
comment period on those proceedings closed in June 2009.
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The rule becomes effective 90 days after August 9,
2010, the date the final rule was published in the Federal
Register. Certain provisions have delayed effective dates
ranging from 1 to 4 years.
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The final rule was published on August 9, 2010 by
the Federal Register, and can be found at
http://www.osha.gov/FedReg_osha_pdf/FED20100809.pdf.
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A copy of the regulatory text is available at:
http://www.osha.gov/doc/cranesreg.pdf
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This new standard will comprehensively address key
hazards related to cranes and derricks on construction worksites,
including the four main causes of worker death and injury:
electrocution, crushed by parts of the equipment, struck-by the
equipment/load, and falls.
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Significant requirements in this new rule include:
a pre-erection inspection of tower crane parts; use of synthetic
slings in accordance with the manufacturer's instructions during
assembly/disassembly work; assessment of ground conditions;
qualification or certification of crane operators; and procedures
for working in the vicinity of power lines.
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This final standard is expected to prevent 22
fatalities and 175 non-fatal injuries each year.
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Several provisions have been modified from the
proposed rule. For example:
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Employers must comply with local and state
operator licensing requirements which meet the minimum criteria
specified in § 1926.1427.
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Employers must pay for certification or
qualification of their currently uncertified or unqualified
operators.
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Written certification tests may be administered
in any language understood by the operator candidate.
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When employers with employees qualified for
power transmission and distribution are working in accordance
with the power transmission and distribution standard (§
1910.269), that employer will be considered in compliance with
this final rule's requirements for working around power lines.
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Employers must use a qualified rigger for
rigging operations during assembly/disassembly.
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Employers must perform a pre-erection inspection
of tower cranes.
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This final rule requires operators of most types
of cranes to be qualified or certified under one of the options
set forth in § 1926.1427. Employers have up to 4 years to ensure
that their operators are qualified or certified, unless they are
operating in a state or city that has operator requirements.
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If a city or state has its own licensing or
certification program, OSHA mandates compliance with that city or
state's requirements only if they meet the minimum criteria set
forth in this rule at § 1926.1427.
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The certification requirements in the final rule
are designed to work in conjunction with state and local laws.
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This final rule clarifies that employers must pay
for all training required by the final rule and for certification
of equipment operators employed as of the effective date of the
rule
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State Plans must issue job safety and health
standards that are “at least as effective as” comparable federal
standards within 6 months of federal issuance. State Plans also
have the option to promulgate more stringent standards or
standards covering hazards not addressed by federal standards.
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OSHA will have additional compliance assistance
material available in October of 2010.
Portions of the above information were
reprinted from OSHA's website:
www.osha.gov
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