OSHA Crane Regulations Final Rule PDF

Monday,
August 9, 2010
Part II
Department of Labor
Occupational Safety and Health
Administration
29 CFR Part 1926

Cranes and Derricks in Construction;
Final Rule
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47906 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
DEPARTMENT OF LABOR Washington, DC 20210; telephone (202) II. Background

6931999 or fax (202) 6931634. A. History
Occupational Safety and Health Technical inquiries. Contact Mr. B. The Cranes and Derricks Negotiated
Administration Garvin Branch, Directorate of Rulemaking Advisory Committee
(CDAC)
Construction, Room N3468, OSHA, C. Hazards Associated with Cranes and
29 CFR Part 1926 U.S. Department of Labor, 200 Derricks in Construction Work
Constitution Avenue, NW., Washington, III. The SBREFA Process
[Docket IDOSHA20070066] DC 20210; telephone (202) 6932020 or IV. Summary and Explanation of the Rule
RIN 1218AC01 fax (202) 6931689. V. Procedural Determinations
Copies of this Federal Register A. Legal Authority
notice. Available from the OSHA Office B. Executive Summary of the Final
Cranes and Derricks in Construction Economic Analysis; Final Regulatory
of Publications, Room N3101, U.S.
AGENCY: Occupational Safety and Health Flexibility Analysis
Department of Labor, 200 Constitution C. OMB Review Under the Paperwork
Administration (OSHA), Labor. Avenue, NW., Washington DC 20210; Reduction Act of 1995
ACTION: Final rule. telephone (202) 6931888. D. Federalism
Electronic copies of this notice. Go E. State-Plan States
SUMMARY: OSHA is revising the Cranes to OSHAs Web site (http:// F. Unfunded Mandates Reform Act
and Derricks Standard and related www.osha.gov), and select Federal G. Applicability of Existing Consensus
sections of the Construction Standard to Register, Date of Publication, and Standards
update and specify industry work then 2010. H. List of Subjects in 29 CFR Part 1926
practices necessary to protect employees V. Authority and Signature
SUPPLEMENTARY INFORMATION: VI. Amendments to Standards
during the use of cranes and derricks in Availability of Incorporated Standards.
construction. This final standard also The standards published by the II. Background
addresses advances in the designs of American National Standards Institute A. History
cranes and derricks, related hazards, (ANSI), the American Society of
and the qualifications of employees Mechanical Engineers (ASME), the The Occupational Safety and Health
needed to operate them safely. Under American Welding Society (AWS), the Act of 1970 (84 Stat. 1590, 29 U.S.C. 651
this final rule, employers must British Standards Institution (BSI), the et seq.) (the OSH Act) authorizes the
determine whether the ground is International Organization for Secretary of Labor to adopt safety and
sufficient to support the anticipated health standards to reduce injuries and
Standardization (ISO), the Power Crane
weight of hoisting equipment and illnesses in American workplaces.
and Shovel Association (PCSA), and the
associated loads. The employer is then Pursuant to that authority, the Secretary
Society of Automotive Engineers (SAE)
required to assess hazards within the adopted a set of safety and health
required in subpart CC are incorporated
work zone that would affect the safe standards applicable to the construction
by reference into this subpart with the
operation of hoisting equipment, such industry, 29 CFR part 1926. Initially,
approval of the Director of the Federal
as those of power lines and objects or standards for the construction industry
Register under 5 U.S.C. 552(a) and 1
personnel that would be within the were adopted under the Construction
CFR part 51. To enforce any edition
work zone or swing radius of the Safety Act, 40 U.S.C. 333. Under the
other than the editions specified in
hoisting equipment. Finally, the Construction Safety Act, those standards
subpart CC, the Occupational Safety and were limited to employers engaged in
employer is required to ensure that the Health Administration (OSHA) must
equipment is in safe operating condition Federally-financed or Federally-assisted
publish a notice of change in the construction projects. The Secretary
via required inspections and that Federal Register and the material must
employees in the work zone are trained subsequently adopted them as OSHA
be available to the public. standards pursuant to Sec. 6(a) of the
to recognize hazards associated with the All approved material is available for
use of the equipment and any related OSH Act, 29 U.S. C. 655(a), which
inspection at the National Archives and
duties that they are assigned to perform. authorized the Secretary to adopt
Records Administration (NARA). For
established Federal standards as OSH
DATES: This final rule will become information on the availability of this
Act standards within the first two years
effective November 8, 2010. material at NARA, telephone 202741
the OSH Act was effective (see 36 FR
The incorporation by reference of 6030, or go to: http://www.archives.gov/
25232, Dec. 30, 1971). Subpart N of 29
specific publications listed in this final federal_register/
CFR part 1926, entitled Cranes,
rule is approved by the Director of the code_of_federal_regulations/
Derricks, Hoists, Elevators, and
Federal Register as of November 8, 2010. ibr_locations.html. Also, the material is
Conveyors, was originally adopted
ADDRESSES: In accordance with 28 available for inspection at any OSHA
through this process.
U.S.C. 2112(a)(2), the Agency designates Regional Office or the OSHA Docket The section of subpart N of 29 CFR
Joseph M. Woodward, Associate Office (U.S. Department of Labor, 200 part 1926 that applied to cranes and
Solicitor of Labor for Occupational Constitution Avenue, NW., Room derricks was former 1926.550. That
Safety and Health, Office of the N2625, Washington, DC 20210; section relied heavily on national
Solicitor, Room S4004, U.S. telephone 2026932350 (TTY number: consensus standards that were in effect
Department of Labor, 200 Constitution 8778895627)). in 1971, in some cases incorporating the
Avenue, NW., Washington, DC 20210, to I. General consensus standards by reference. For
receive petitions for review of the final example, former 1926.550(b)(2)
rule. A. Table of Contents

required crawler, truck, and locomotive
FOR FURTHER INFORMATION CONTACT: The following Table of Contents cranes to meet applicable requirements
General information and press inquiries. identifies the major preamble sections for design, inspection, construction,
Contact Ms. Jennifer Ashley, Director, in this notice and the order in which testing, maintenance, and operation
Office of Communications, OSHA, U.S. they are presented: prescribed in ANSI B30.51968,
Department of Labor, Room N3647, I. General Crawler, Locomotive and Truck
200 Constitution Avenue, NW., A. Table of Contents Cranes. Similarly, former 1926.550(e)
Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations 47907
required derricks to meet applicable stakeholder interest in updating subpart to address, and the interests that OSHA
requirements for design, construction, N, the constructive discussions and tentatively identified as being
installation, inspection, testing, work of the ACCSH workgroup, significantly affected by the rulemaking.
maintenance, and operation prescribed ACCSHs recommendation, a positive The key interests were:
in ANSI B30.61969, Derricks. Until assessment of the criteria listed in the Crane and derrick manufacturers,
today, former 1926.550 was amended NRA (5 U.S.C. 563(a)) for the use of suppliers, and distributors.
substantively only twice. In 1988, negotiated rulemaking, and the Companies that repair and maintain
former 1926.550(g) was added to Department of Labors policy on cranes and derricks.
establish clearly the conditions under negotiated rulemaking (see Notice of Crane and derrick leasing companies.
which employees on personnel Policy on Use of Negotiated Rulemaking Owners of cranes and derricks.
platforms may be hoisted by cranes and Procedures by Agencies of the Construction companies that use
derricks (see 53 FR 29116, Aug. 2, Department of Labor, 57 FR 61925, Dec. cranes and derricks.
1988). In 1993, former 1926.550(a)(19) 29, 1992). The Agency published a General contractors.
was added to require that all employees Notice of Intent to Establish a Cranes Labor organizations representing
be kept clear of lifted and suspended and Derricks Negotiated Rulemaking construction employees who operate
loads. Advisory Committee (CDAC or the cranes and derricks.
Considerable technological advances Committee)) (see 67 FR 46612, Jul. 16, Labor organizations representing
have been made since the 1971 OSHA 2002). construction employees who work in
standard was issued. For example, Negotiated rulemaking is a process by
hydraulic cranes were rare at that time, conjunction with cranes and derricks.
which a proposed rule is developed by Owners of electric power distribution
but are now prevalent. In addition, the a committee comprised of members who
construction industry has updated the lines.
represent the interests that will be Civil, structural and architectural
consensus standards on which the significantly affected by the rule.
original OSHA standard was based. For engineering firms and engineering
Section 562 of the NRA defines consultants involved with the use of
example, the industry consensus interest as follows:
standard for derricks was most recently cranes and derricks in construction.
updated in 2003, and that for crawler, [I]nterest means, with respect to an issue Training organizations.
or matter, multiple parties which have a Crane and derrick operator testing
locomotive and truck cranes in 2007. similar point of view or which are likely to
In recent years, a number of industry organizations.
be affected in a similar manner. Insurance and safety organizations,
stakeholders asked the Agency to
update subpart Ns cranes and derrick By including different viewpoints in the and public interest groups.
requirements. They were concerned that negotiation process, the members of a Trade associations.
accidents involving cranes and derricks negotiated rulemaking committee learn Government entities involved with
continued to be a significant cause of the reasons for different positions on the construction safety and with
fatal and other serious injuries on issues as well as the practical effect of construction operations involving
construction sites and believed that an various approaches. Each member of the cranes and derricks.
updated standard was needed to address committee participates in resolving the In the Federal Register notice, OSHA
the causes of these accidents and to interests and concerns of other asked for public comment on whether
reduce the number of accidents. They members. Negotiation allows interested interests other than those listed would
emphasized that the considerable parties, including members who be significantly affected by a new rule.
changes in both work processes and represent the interests of employers It also solicited requests for membership
technology since 1971 made much of subject to the prospective rule and the on the Committee. OSHA also urged
former 1926.550 obsolete. employees who will benefit from the interested parties form coalitions to
In response to these requests, in 1998 safer workplaces the rule will produce, support individuals identified for
OSHAs Advisory Committee for to become involved at an earlier stage of nomination to the Committee.
Construction Safety and Health the rulemaking process. As a result, the The Agency noted that the need to
(ACCSH) established a workgroup to rule that OSHA proposes would receive limit the Committees membership to a
develop recommended changes to the close scrutiny by affected parties at the number that could conduct effective
subpart N requirements for cranes and pre-proposal stage. negotiations may result in some
derricks. The workgroup developed The goal of the negotiated rulemaking interests not being represented on the
recommendations on some issues and process is to develop a proposed rule Committee. OSHA further noted that
submitted them to the full committee in that represents a consensus of all the interested persons had means other than
a draft workgroup report. (ID0020.) In interests. The NRA defines consensus as Committee membership available to
December 1999, ACCSH recommended unanimous concurrence among the participate in the Committees
to OSHA that the agency consider using interests represented on a negotiated deliberations, including attending
a negotiated rulemaking process as the rulemaking committee unless the meetings and addressing the Committee,
mechanism to update subpart N. committee itself unanimously agrees to providing written comments to the
(OSHAACCSH1999420060187 use a different definition of consensus. Committee, and participating in
0035.) As discussed below, CDAC agreed by Committee workgroups (see 67 FR
unanimous vote to a different definition: 46612, 46615, Jul. 16, 2002).
B. The Cranes and Derricks Negotiated A consensus would be reached on an In response to its request for public
Rulemaking Advisory Committee (C input, the Agency received broad
issue when not more than two non-

DAC) Federal members dissented on that support for using negotiated
In July 2002, OSHA announced plans issue. rulemaking, as well as 55 nominations
to use negotiated rulemaking under the In the July 2002 Federal Register for committee membership. To keep
Negotiated Rulemaking Act (NRA), 5 notice announcing negotiated membership to a reasonable size, OSHA
U.S.C. 561 et seq., to revise the cranes rulemaking on cranes and derricks tentatively listed 20 potential committee
and derricks standard. The Agency mentioned earlier, the Agency listed key members, and asked for public comment
made this decision in light of the issues that it expected the negotiations on the proposed list (see 68 FR 9036,
Feb. 27, 2003). In response to the Association, and the outdoor advertising qualifications at the time the Committee
comments, OSHA added three members industry (see 68 FR 39879, Jul. 3, 2003). was formed are in Table 1 below:
to the committeeindividuals from the The members of the Committee, the
mobile crane manufacturing industry, organizations and interests they
the Specialized Carriers & Rigging represent, and a summary of their
TABLE 1THE QUALIFICATIONS OF CDAC MEMBERS

Stephen Brown, International Union of Operating Engineers (labor)
Title: Director of Construction Training, International Union of Operating Engineers.
Organizations/interests represented: Organized construction employees who operate cranes and derricks, and work with such equipment.
Experience: Worked in numerous positions in the construction industry over 28 years, including Equipment Operator, Mechanic, and Train-
ing Director.
Michael Brunet, Manitowoc Cranes, Inc. (manufacturers and suppliers)
Title: Director of Product Support for Manitowoc Cranes.
Organizations/interests represented: Crane manufacturers, suppliers, and distributors.
Experience: Extensive engineering experience in crane engineering; participated in development of SAE and ISO standards for cranes.
Stephen P. Chairman, Viacom Outdoor, Inc. (employer users)
Title: Vice President (New York) of Viacom Outdoor Group.
Organizations/interests represented: Billboard construction.
Experience: Over 43 years experience with the construction industry, including specialized rigging.
Joseph Collins, Zachry Construction Corporation (employer users)
Title: Crane Fleet Manager.
Organizations/interests represented: Highway and railroad construction.
Experience: Over 30 years experience with the construction industry in a variety of positions including crane operator, mechanic, and rig-
ger.
Noah Connell, U.S. Department of Labor, Occupational Safety and Health Administration (government)
Title: Director, Office of Construction Standards and Guidance.
Organization/interests represented: Government.
Experience: 22 years experience with government safety and health programs.
Peter Juhren, Morrow Equipment Company, L.L.C. (manufacturers and suppliers)
Title: National Service Manager.
Organization/interests represented: Tower crane distributors and manufacturers.
Experience: 22 years experience with Morrow Equipment Company, L.L.C.
Bernie McGrew, Link-Belt Construction Equipment Corp. (manufacturers and suppliers)
Title: Manager for Crane Testing, Product Safety, Metal Labs and Technical Computing.
Organization/interests represented: Mobile crane manufacturers.
Experience: Extensive engineering experience in crane engineering.
Larry Means, Wire Rope Technical Board (manufacturers and suppliers)
Title: Rope Engineer.
Organization/interests represented: Wire rope manufacturing industry.
Experience: 36 years wire rope engineering experience.
Frank Migliaccio, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers (labor organization)
Title: Executive Director for Safety and Health.
Organization/interests represented: Organized construction employees who operate cranes and derricks, and work with such equipment.
Experience: 31 years experience in the ironworking industry, including 10 years as Director of Safety and Health Training for the Iron-
workers National Fund.
Brian Murphy, Sundt Corporation (employer users)
Title: Vice President and Safety Director.
Organization/interests represented: General contractors; crane owners and users.
Experience: Over 35 years experience in the construction industry, most of them with Sundt Corp.
George R. Chip Pocock, C.P. Buckner Steel Erection (employer users)
Title: Safety and Risk Manager.
Organization/interests represented: Steel erection crane users and employers.
Experience: Over 22 years experience in the construction and steel erection industry.
David Ritchie, St. Paul Companies (trainer and operator testing)
Title: Crane and Rigging Specialist.
Organization/interests represented: Employee training and evaluation.
Experience: Over 31 years experience in the construction industry.
Emmett Russell, International Union of Operating Engineers (IUOE) (labor)
Title: Director of Safety and Health.
Organization/interests represented: Organized construction employees who operate cranes and derricks, and work with such equipment.
Experience: Over 32 years experience in the crane and construction industry, including 10 years in the field as well as over 20 years with
IUOE.
Dale Shoemaker, Carpenters International Training Center (labor)
Organization/interests represented: Labor organizations representing construction employees who operate cranes and derricks and who
work with cranes and derricks.
Experience: Became a crane operator in 1973; served as a rigging trainer for labor organizations since 1986.
William Smith, Maxim Crane Works (lessors/maintenance)

Title: Corporate Safety/Labor Relations Manager.
Organization/interests represented: Crane and derrick repair and maintenance companies.
Experience: 24 years experience in the crane, rigging, and construction industry, both public and private sectors.
Craig Steele, Schuck & Sons Construction Company, Inc. (employer users)
Title: President and CEO.
Organization/interests represented: Employers and users engaged in residential construction.
Experience: 30 years experience in the construction industry with Schuck & Sons Construction Company, Inc.
TABLE 1THE QUALIFICATIONS OF CDAC MEMBERSContinued

Darlaine Taylor, Century Steel Erectors, Inc. (employer users)
Title: Vice President.
Organization/interests represented: Steel erection and leased crane users.
Experience: 19 years with Century Steel Erectors, over 12 years in the construction safety field.
Wallace Vega III, Entergy Corp. (power line owners)
Organization/interests represented: Power line owners.
Experience: 35 years experience in the power line industry.
William J. Doc Weaver, National Electrical Contractors Association (employer users)
Organization/interests represented: Electrical contractors engaged in power line construction.
Experience: Over 53 years electrical construction experience, 37 of which spent in management positions.
Robert Weiss, Cranes, Inc. and A.J. McNulty & Company, Inc. (employer users)
Title: Vice President and Project Manager for Safety.
Organization/interests represented: Employers and users engaged in precast concrete erection.
Experience: 20 years experience in the precast and steel erection industry.
Doug Williams, C.P. Buckner Steel Erection (employer users)
Title: President.
Organization/interests represented: Buckner Heavy Lift Cranes.
Experience: 32 years experience in the construction industry.
Stephen Wiltshire, Sports and Public Assembly Group, Turner Construction Corp. (employer users)
Title: National Safety Director.
Organization/interests represented: Employers and users of owned and leased cranes.
Experience: 28 years experience in construction safety.
Charles Yorio, Acordia (Wells Fargo) (insurance)
Title: Assistant Vice President.
Organization/interests represented: Insurance.
Experience: 17 years experience in loss prevention and regulatory compliance.
As this summary of qualifications addressed the Committees decision- the proposed rule. The Committee
shows, the Committee members had making process. CDAC agreed that it members also could provide negative or
vast and varied experience in cranes would make every effort to reach positive comments in response to these
and derricks in construction, which unanimous agreement on all issues. revisions during the public-comment
gave them a wealth of knowledge in the However, if the facilitator determined phase of the rulemaking. (OSHAS030
causes of accidents and other safety that unanimous consent could not be 200606630373.)
issues involving such equipment. The achieved, the Committee would A tentative list of issues for the
members used this knowledge to consider consensus to be reached when Committee to address was published
identify issues that required particular not more than two non-Federal along with the final list of Committee
attention and to devise regulatory members (i.e., members other than the members (68 FR at 39877, Jul. 3, 2003).
language that would address the causes OSHA member) dissented; no consensus At its initial meeting, the Committee
of such accidents. Their extensive could be achieved if OSHA dissented. reviewed and revised the issue list,
practical experience in the construction This consensus process reflects the adding several issues. (OSHAS030
industry and the other industries non-Federal members view that Agency 200606630372.) The Committee met
represented on the Committee helped support of the Committees work was 11 times between July 30, 2003 and July
them to develop revisions to the current essential. The non-Federal members 9, 2004. As the meetings progressed, the
subpart N requirements. believed that, if OSHA dissented, the Committee reached consensus
CDAC was chaired by a facilitator, Committees work product likely would agreement on various issues and, at the
Susan L. Podziba of Susan Podziba & not be included in the final rule. final meeting, reached consensus
Associates, a firm engaged in public Therefore, the Committee members agreement on all outstanding issues.
policy mediation and consensus would make every effort to resolve the The Committees work product,
building. Ms. Podzibas role was to Agencys concerns using the negotiation which was the Committees
facilitate the negotiations by: (1) process. recommended regulatory text for the
Chairing the Committees meetings in an Under the ground rules, if CDAC proposed rule, is referred to in this
impartial manner; (2) Assisting the reached final consensus on some or all notice as the CDAC Document.
members of the committee in issues, OSHA would use the consensus- (OSHAS030200606630639.) On
conducting discussions and based language in its proposed standard, October 12, 2006, ACCSH adopted a
negotiations; and (3) Ensuring minutes and CDAC members would refrain resolution supporting the CDAC
of the meetings were taken, and relevant from providing formal written negative Document and recommending that
records retained; (4) Performing other comment on those issues in response to OSHA use it as the basis for a proposed
responsibilities such as drafting meeting the proposed rule. standard. (OSHAACCSH200612006
summaries to be reviewed and approved The ground rules provided that OSHA 01980021.)
by CDAC members. could only depart from the consensus- OSHA issued a proposed rule based
CDAC first met from July 30 to based language by (1) reopening the on the CDAC Document on October 9,
August 1, 2003. Before addressing negotiated rulemaking process, or (2) 2008 (73 FR 59713, Oct. 9, 2008). In
substantive issues, the Committee providing the CDAC members with a reviewing the CDAC Document and
developed ground rules (formally detailed statement of the reasons for drafting the proposed rule, OSHA
approved on September 26, 2003) that revising the consensus-based language, identified several problems in the C
would guide its deliberations. (OSHA and do so in a manner that would allow DAC Document. These problems ranged
S030200606630373.) In addition to the CDAC members to express their from misnumbering and other
procedural matters, the ground rules concerns to OSHA before it published typographical and technical errors, to
provisions that appeared to be submitted during the first part of the involving cranes, and determined their
inconsistent with the Committees posthearing comment period. causes. For the years in question, they
purpose, or that were worded in a found 479 accidents involving 502
C. Hazards Associated With Cranes and
manner that required clarification. The fatalities. In the worst year, 1990, 70
Derricks in Construction Work
proposed rule deviated from the CDAC deaths occurred. The authors noted
Document when revisions were clearly OSHA estimates that 89 crane-related some limitations in the data they
needed to validly represent the fatalities occur per year in construction examined: Data for California, Michigan,
Committees purpose or to correct work. The causes of crane-related and Washington State were not
typographical and technical errors. With fatalities were recently analyzed by available for 19841989; the proportion
respect to substantive revisions, the Beavers, et al. (See J.E. Beavers, J.R. of fatal accidents investigated by OSHA
Agency identified and explained these Moore, R. Rinehart, and W.R. Schriver, and states having OSHA-approved State
revisions in the portions of the preamble Crane-Related Fatalities in the plans is unknown; and some of the
to the proposed rule that addressed the Construction Industry, 132 Journal of investigation reports were not
affected provisions. OSHA also Construction Engineering and sufficiently detailed to allow the authors
prepared a draft of the proposed Management 901 (Sept. 2006) (ID to determine the cause of the accident
regulatory language identifying each OSHA200700660012 1).) The authors or the type of crane involved.
instance in which the proposed rule searched OSHAs Integrated The Suruda study determined the
differed from the CDAC Document. In Management Information System (IMIS) number and the percentage of fatalities
accordance with the ground rules, prior database for all fatal accidents for 1997 from various causes (see Table 3 below).
to publication of the proposed rule in 2003 investigated by OSHA involving
the Federal Register, OSHA provided cranes in the construction industry. By TABLE 3THE CAUSES OF CRANE
the draft showing the revisions to the C searching the database for cases using INCIDENTS
DAC Document, along with its draft of the key words crane, derrick, or
the summary and explanation of the boom, they identified 381 IMIS files Electrocution ............................. 198 (39%)
proposed rule, to the CDAC members. for the covered year in the Federal Crane assembly/disassembly ... 58 (12%)
program states, which include states Boom buckling/collapse ............ 41 (8%)
Additionally, the Agency identified
with about 57% of all workers Crane upset/overturn ................ 37 (7%)
other instances in which the regulatory Rigging failure ........................... 36 (7%)
throughout the country. The authors
text drafted by the Committee did not Overloading .............................. 22 (4%)
requested the case files from OSHA so
appear to conform to the Committees that they could confirm that a crane or Struck by moving load .............. 22 (4%)
purpose, or instances in which a derrick was involved in the fatality. Of
Accidents related to manlifts .... 21 (4%)
significant issue did not appear to have Working within swing radius of
the 335 case files that OSHA provided, counterweight ........................ 17 (3%)
been considered by CDAC. In these the authors identified 125 (involving Two-blocking ............................. 11 (2%)
instances, OSHA retained the regulatory 127 fatalities) as being crane or derrick Hoist limitations ........................ 7 (1%)
language used in the CDAC Document, related. From these files, they Other causes ............................ 32 (6%)
but asked for public comment on determined the percentages of fatalities
whether specific revisions should be caused by various types of incidents This final standard addresses the
made to the proposed regulatory (see Table 2 below). major causes of the equipment-related
language in the final rule. fatalities identified in the Beavers and
The proposed rule set a deadline of TABLE 2THE CAUSES OF FATALITIES Suruda studies. The following synopsis
December 8, 2008, for the public to DURING THE PERFORMANCE OF identifies the sections in the final
submit comments on the proposal. At standard that address the major causes
HOISTING ACTIVITIES
the request of a number of stakeholders, of equipment-related fatalities.
this deadline was subsequently Electrocution hazards are addressed
Struck by load (other than fail-
extended to January 22, 2009 (73 FR ure of boom/cable) ................ 32% by 1926.14071926.1411, which deal
73197, Dec. 2, 2009). On March 17, Electrocution ............................. 27% with power-line safety. These sections
2009, OSHA convened a public hearing Crushed during assembly/dis- contain requirements to prevent
on the proposal, with Administrative assembly ............................... 21% equipment from contacting energized
Law Judge John M. Vittone presiding. Failure of boom/cable ............... 12% power lines. The final standard
The hearing lasted four days, closing on Crane tip-over ........................... 11% delineates systematic, reliable
March 20. In addition to Judge Vittone, Struck by cab/counterweight .... 3% procedures and methods that employers
Falls .......................................... 2%
Administrative Law Judge William S. must use to prevent a safe clearance
Colwell presided during the last part of A study by Suruda et al. examined the distance from being breached. If
the hearing. At the close of the hearing, causes of crane-related deaths for the maintaining the safe clearance distance
Judge Colwell established a posthearing 19841994 period. (See A. Suruda, M. is infeasible, additional protections are
comment schedule. Participants were Egger, and D. Liu, Crane-Related Deaths required, including grounding the
given until May 19, 2009 to supplement in the U.S. Construction Industry, 1984 equipment, covering the line with an
their presentations and provide data and 94, The Center to Protect Workers insulating sleeve, and using insulating
information in response to questions Rights (Oct. 1997) (ID0013).) The links and nonconductive tag lines.
and requests made during the hearing, These procedures and methods are
authors examined OSHA IMIS data to
make clarifications to the testimony and supplemented by requirements for
identify the number of fatal accidents
record that they believed were training the operator and crew in power-
appropriate, and submit new data and 1 The term ID refers to the column labeled ID
line safety (see 1926.1408(g)), and
information that they considered under Docket No. OSHA20070066 on the Federal requirements for operator qualification
relevant to the proceeding. Participants eRulemaking Portal, http://www.regulations.gov. and certification in 1926.1427. CDAC
also were given until June 18, 2009, to This column lists individual records in the docket. concluded that compliance with these
Hereafter, this notice will identify each of these
comment on the testimony and evidence records only by the last four digits of the record.
training and certification requirements
in the record, including testimony Records from dockets other than OSHA20070066 will not only reduce the frequency of
presented at the hearing and material are identified by their full ID number. power-line contact, but will give the
workers the knowledge they need to also will prevent tip-over accidents by OSHAs IMIS investigation reports that
help avoid injury in the event such ensuring that the operator is sufficiently describe accidents that compliance with
contact occurs. knowledgeable and skilled to recognize this final standard would prevent.
Fatalities that involve employees situations when the crane may be 1. February 16, 2004: four fatalities,
being struck or crushed during overloaded. four injuries. A launching gantry
assembly/disassembly are addressed in Fatalities that result from workers collapsed and fatally injured four
1926.14031926.1406. These sections being struck by the cab or workers and sent four other workers to
require employers to follow specific counterweights will be avoided under the hospital. The launching gantry was
safe-practice procedures, and to address 1926.1424, Work area control. That being used to erect pre-cast concrete
a list of specific hazards. Also, assembly section requires that workers who are segments span by span. The
and disassembly of a crane must be near equipment with a rotating manufacturer required that the rear legs
supervised by an individual who is well superstructure be trained in the hazards and front legs be properly anchored to
qualified to ensure that these involved, that employers mark or resist longitudinal and lateral forces that
requirements of these provisions are barricade the area covered by the act on the launching gantry. The legs of
properly implemented. rotating superstructure, and that the the launching gantry were not properly
As the above-mentioned studies operator be notified whenever a worker anchored. (ID0017.)
show, and the Committees experience must enter that area, and instructed not OSHA believes that this type of
confirms, many disassembly accidents rotate the superstructure until the area accident will be prevented by
occur when sections of lattice booms is clear. Protection against being struck compliance with the provisions of this
unexpectedly move and strike or crush by a counterweight during assembly or final standard for assembling
an employee who is disassembling the disassembly is provided by equipment. Section 1926.1403 requires
boom. The final standard addresses this 1926.1404(h)(9), which requires the that equipment be assembled in
hazard in 1926.1404(f) by prohibiting assembly/disassembly supervisor to compliance with the manufacturers
employees from being under the boom address this hazard and take steps when procedures, or with alternative
when pins are removed unless special necessary to protect workers against that employer procedures (see 1926.1406)
precautions are taken to protect against danger. to prevent the equipment from
boom movement. The final rule addresses a number of collapsing. In addition, under
Accidents resulting from boom or equipment failures that can result in the 1926.1404, assembly must be
cable failure are addressed in a number load striking a worker. Such accidents conducted under the supervision of a
of provisions. For example, the standard are directly addressed by 1926.1425, person who understands the hazards
includes requirements for: proper Keeping clear of the load, and associated with an improperly
assembly procedures ( 1926.1403); 1926.1426, Free fall/controlled load assembled crane and is well-qualified to
boom stops to prevent booms from being lowering. In addition, improved understand and comply with the proper
raised too far and toppling over requirements in 1926.1419 assembly procedures.
backwards ( 1926.1415, Safety devices); 1926.1422 for signaling will help avoid 2. January 30, 2006. One fatality. An
a boom-hoist limiting device to prevent load struck-by accidents caused by employee was crushed by the lower end
excessive boom travel, and an anti two- miscommunication. section of the lattice boom on a truck-
block device, which prevents Improper operation, including failure mounted crane while working from a
overloading the boom from two- to understand and compensate for the position underneath the boom to
blocking ( 1926.1416, Operational effects of factors such as dynamic remove the 2nd lower pin. When the
aids). Also, the inspection requirements loading, can also cause workers to be 2nd lower pin was removed, the
( 1926.1412) detect and address struck by a load. Such incidents will be unsecured/uncribbed boom fell on the
structural deficiencies in booms before reduced by compliance with employee. (ID0017.1.)
an accident occurs. Cable failure will be 1926.1427, Operator qualification and Section 1926.1404(f) will prevent this
avoided by compliance with sections certification and 1926.1430, Training. type of accident by generally prohibiting
such as 1926.1413, Wire rope Other provisions, such as those for employees from being under the boom
inspection, and 1926.1414, Wire safety devices and operational aids when pins are removed. In situations in
ropeselection and installation criteria. ( 1926.1415 and 1926.1416), and the which site constraints require that an
Crane tip-over is caused by factors requirement for periodic inspections in employee be under the boom when pins
such as overloading, improper use of 1926.1412, will also reduce these are removed, the employer must
outriggers and insufficient ground accidents. implement other procedures, such as
conditions. Section 1926.1417, Protection against falling from ensuring that the boom sections are
Operations, includes provisions to equipment is addressed by 1926.1423, adequately supported, to prevent the
prevent overloading. This section Fall protection. That section requires sections from falling on the employee.
prohibits the equipment from being that new equipment provide safe access 3. July 23, 2001: One fatality.
operated in excess of its rated capacity, to the operator work station, using Employee failed to extend the outriggers
and includes procedures for ensuring devices such as steps, handholds, and before extending the boom of a service-
that the weight of the load is reliably grabrails. Some new lattice-boom truck crane to lift pipes. As the
determined and within the equipments equipment must be equipped with boom employee extended the boom, the crane
rated capacity. Section 1926.1404(q) has walkways. The final standard also tipped over on its side, and another
requirements for outrigger/stabilizer use contains fall-protection provisions employee standing near the truck was
that will ensure that outriggers and tailored to assembly and disassembly struck on the head by the hook block.
stabilizers provide stability when a load work, and to other work. Section (ID0017.10.)
is lifted. Section 1926.1402 contains 1926.1431, Hoisting personnel, This type of accident will be
requirements to ensure sufficient addresses fall protection when prevented by compliance with
ground conditions, which will prevent employees are being hoisted. 1926.1404(q), which contains several
crane tip-over. OSHA has investigated numerous provisions to ensure that outriggers and
The provisions addressing operator crane accidents that resulted in stabilizers are deployed properly before
training, qualification, and certification fatalities. Below are examples from lifting a load. In addition, the operator
qualification and certification In addition, 1926.1408(g) requires wire rope inspection, selection, and
requirements of 1926.1427, which that the operator be trained to remain installation, and will ensure that
ensure that operators understand and inside the cab unless an imminent appropriate wire rope is installed,
follow the safety-requirements for the danger of fire or explosion is present. inspected and removed from service
equipment they are operating, will help The operator also must be trained in the when continued use is unsafe. Section
prevent this type of accident. hazards associated with simultaneously 1926.1416, Operational aids, contains
4. March 8, 1999. One fatality. touching the equipment and the ground, provisions to protect against two-
Employees were using a mobile crane to as well as the safest means of evacuating blocking.
maneuver a load of steel joists. The the equipment. The cranes remaining 8. July 13, 1999: Three fatalities.
crane contacted a 7,200-volt overhead crew must be trained to avoid Three employees were in a personnel
power line, electrocuting an employee approaching or touching the equipment. basket 280 feet above the ground. They
who was signaling and guiding the load. The required training is reinforced by were in the process of guiding a large
The crane operator jumped clear and the electrocution warnings that must be roof section, being lifted by another
was not injured. (ID0017.11.) posted in the cab and on the outside of crane, into place. Winds gusting to 27
Section 1926.1408 includes the equipment. miles per hour overloaded the crane
provisions that will prevent this type of 6. September 28, 1999: One fatality. A holding the roof section; that crane
accident. This section requires the use 19-year old electrical instrument helper collapsed, striking the crane that was
of encroachment prevention measures was at a construction site that was on a supporting the personnel basket,
to prevent the crane from breaching a manufacturing companys property. A causing the boom to fall. All three
safe clearance distance from the power contractor positioned a 50-ton hydraulic employees received fatal crushing
line. It also requires that, if tag lines are crane in an open area that consisted of injuries. (ID0018.)
used to guide the load, the lines must compacted fill material. This area was This type of accident will be
be non-conductive. Finally, if the only location that the crane could be prevented by 1926.1417(n), which
situated because the receiving area for requires the competent person in charge
maintaining the normal clearance
the equipment was too close to the of the operation adjust the equipment
distance is infeasible, a number of
property border. and/or operations to address the effect
additional measures must be
The cranes outriggers were set, but of wind and other adverse weather
implemented, one of which is the use of
matting was placed only under one of conditions on the equipments stability
an insulating link between the end of
the outrigger pads. As the crane was and rated capacity. In addition,
the load line and the load.
moving large sections of piping to a new 1926.1431, Hoisting personnel,
These measures protect employees location, the ground collapsed and the requires that, when wind speed
guiding the load in several ways, crane overturned, striking the helper. (sustained or gust) exceeds 20 mph,
including: reducing the chance that a (ID0017.13.) employers must not hoist employees by
crane would contact a power line; Section 1926.1402, Ground crane unless a qualified person
employees using tag lines to guide a conditions, will prevent this type of determines it is safe to do so.
load from being electrocuted should the accident. Under that section, employers 9. November 7, 2005: One fatality. A
load become energized. must ensure that the surface on which construction worker was crushed
5. August 21, 2003. Three fatalities. A a crane is operating is sufficiently level between the outrigger and the rotating
crane operator and two co-workers were and firm to support the crane in superstructure of a truck crane. The
electrocuted when a truck cranes accordance with the manufacturers worker apparently was trying to retrieve
elevated boom contacted a 7,200 volt specifications. In addition, 1926.1402 a level and a set of blueprints located
uninsulated primary conductor 31 feet imposes specific duties on both the horizontal member of one of the
above the ground. When the operator entity responsible for the project (the outriggers when the operator began to
stepped from the cab of the truck, a controlling entity) and the entity swing the boom. (ID0017.5.)
conduction pathway to the ground was operating the crane to ensure that the Section 1926.1424, Work area control,
established through the operators right crane is adequately supported. It places will prevent this type of accident. This
hand and right foot, resulting in responsibility for ensuring that the section generally requires that
electrocution. A co-worker attempted to ground conditions are adequate on the employers erect barriers to mark the
revive the incapacitated crane operator controlling entity, while also making the area covered by the rotating
with cardio-pulmonary resuscitation employer operating the crane superstructure to warn workers of the
(CPR), while a third co-worker responsible notifying the controlling danger zone. However, workers who
contacted 911, and then returned to the entity of any deficiency in the ground must work near equipment with a
incident location. When the third co- conditions, and having the deficiency rotating superstructure must be trained
worker simultaneously touched the corrected before operating the crane. in the hazards involved. If a worker
energized truck crane and the back of 7. June 17, 2006: One fatality. A spud must enter a marked area, the crane
the co-worker performing CPR, the pipe, used to anchor a barge, was being operator must be notified of the entry,
resulting pathway conducted the raised by a crane mounted on the barge and must not rotate the superstructure
electrical charge through the workers, when the hoisting cable broke, causing until the area is clear.
electrocuting them all. (ID0017.12.) the headache ball and rigging to on an 10. March 19, 2005: Two fatalities and
The final standard will avoid this type employee. (ID0017.3.) one injury. During steel-erection
of accident. Section 1926.1408 ensures This type of accident can have various operations, a crane was lifting three
that a minimum safe distance from the causes: an improperly selected wire steel beams to a parking garage. The
power line is maintained, which rope (one that has insufficient capacity); crane tipped over and the boom
prevents equipment from becoming a damaged or worn wire rope in need collapsed. The boom and attached
energized. Also, when working closer of replacement; or two-blocking, in beams struck concrete workers next to
than the normal minimum clearance which the headache ball is forced the structure, killing two workers and
distance, the crane must be grounded, against the upper block, causing the injuring one worker. The accident
which reduces the chance of an wire rope to fail. The provisions of apparently occurred because the crane
electrical pathway through the workers. 1926.1413 and 1926.1414 address was overloaded. (ID0017.6.)
Overloading a crane can cause it to tip 12. May 7, 2004: One fatality. An estimates that 21 fatalities would be
over, causing the load or crane structure employee, a rigger/operator-in-training, avoided by compliance with the final
to strike and fatally injure workers in was in the upper cab of a 60-ton standard. In addition, OSHA estimates
the vicinity of the crane. Section hydraulic boom-truck crane to set up that the final standard would prevent
1926.1417, Operations, includes and position the crane boom prior to a 175 non-fatal injuries each year. Based
provisions to prevent overloading. This lift. The crane was equipped with two on its review of all the available
section prohibits employers from hoistsa main line and auxiliary. The evidence, OSHA finds that construction
operating equipment in excess of its main hoist line had a multi-sheave workers have a significant risk of death
rated capacity, and includes procedures block and hook and the auxiliary line and injury resulting from equipment
for ensuring that the weight of the load had a 285 pound ball and hook. When operations, and that the risk would be
is reliably determined and within the the employee extended the hydraulic substantially reduced by compliance
equipments rated capacity. boom, a two-block condition occurred with this final standard.
with the auxiliary line ball striking the The OSH Act requires OSHA to make
The provisions of the final standard auxiliary sheave head and knocking the
addressing operator training, certain findings with respect to
sheave and ball from the boom. The standards. One of these findings,
certification, and qualification employee was struck in the head by the
( 1926.1427) will also prevent this type specified by Section 3(8) of the OSH
falling ball. (ID0017.8.) Act, requires an OSHA standard to
of accident by ensuring that operators This type of accident will be
recognize conditions that would address a significant risk and to reduce
prevented by 1926.1416, Operational this risk substantially. (See UAW v.
overload the crane. aids, which requires protection against OSHA, 37 F.3d 665, 668 (DC Cir. 1994)
11. December 7, 2005. One fatality. two-blocking. A hydraulic boom crane, (LOTO).) As discussed in Section II of
Two cranes were used to lower a if manufactured after February 28, 1992, this preamble, OSHA finds that crane
concrete beam across a river. During the must be equipped with a device that and derrick operations in construction
lowering process, one end of the beam automatically prevents two-blocking. constitute a significant risk and
dropped below the other end, causing Also, the final rule, under estimates that the final standard will
the loads weight to shift to the lower 1926.1427(a) and (f), prohibits an prevent 22 fatalities and 175 injuries
end; this shift in weight overloaded the operator-in-training from operating a annually. Section 6(b) of the OSH Act
crane lifting the lower end, and it tipped crane without being monitored by a requires OSHA to determine if its
over. The lower end of the beam fell trainer, and without first having
standards are technologically and
into the river, while the higher end sufficient training to enable the
economically feasible. As discussed in
landed on a support mat located on the operator-in-training to perform the
Section V of this preamble, OSHA finds
bank of the river, causing a flagger to be assigned task safely.
13. April 26, 2006: One fatality. A that this final standard is economically
thrown into the beam. (ID0017.7.) and technologically feasible.
framing crew was installing sheathing
Section 1926.1432, Multiple crane/ for a roof. A crane was hoisting a bundle The Regulatory Flexibility Act (5
derrick liftssupplemental of plywood sheathing to a location on U.S.C 601, as amended) requires that
requirements, will prevent this type of the roof. As the crane positioned the OSHA determine whether a standard
accident. This section specifies that, bundle of sheathing above its landing will have a significant economic impact
when more than one crane is supporting location, the load hoist on the crane free on a substantial number of small firms.
a load, the operation must be performed spooled, causing an uncontrolled As discussed in Section V, OSHA
in accordance with a plan developed by descent of the load. An employee was examined the small firms affected by
a qualified person. The plan must under the load preparing to position the this standard and certifies that the final
ensure that the requirements of this load to its landing spot when the load standard will not have a significant
final standard are met, and must be fell and crushed him. (ID0017.9.) impact on a substantial number of small
reviewed by all individuals involved in Section 1926.1426, Free fall and firms.
the lifting operation. Moreover, the lift controlled load lowering, will prevent Executive Order 12866 requires that
must be supervised by an individual this type of accident. This section OSHA estimate the benefits, costs, and
who qualifies as both a competent prohibits free fall of the load-line hoist, net benefits of its standards. The table
person and a qualified person as defined and requires controlled lowering of the below summarizes OSHAs findings
by this final standard. For example, in load when an employee is directly with respect to the estimated costs,
the accident just described, the plan under the load. benefits, and net benefits of this
must include a determination of the As discussed later in the section standard. As is clear, the annual benefits
degree of level needed to prevent either titled, Executive Summary of the Final are significantly in excess of the annual
crane from being overloaded. In Economic Analysis; Final Regulatory costs. However, it should be noted that
addition, the plan must ensure proper Flexibility Analysis, OSHA finds that under the OSH Act, OSHA does not use
coordination of the lifting operation by construction workers suffer 89 fatal the magnitude of net benefits as
establishing a system of injuries per year from the types of decision-making criterion in
communications and a means of equipment covered by this final determining what standards to
monitoring the operation. standard. Of that number, OSHA promulgate.
ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARS

Annualized Costs*:
Crane Assembly/Disassembly .............................................................................................................................................. $16.3 million.
Power Line Safety ................................................................................................................................................................. 68.2 million.
Crane Inspections ................................................................................................................................................................. 16.5 million.
Ground Conditions ................................................................................................................................................................ 2.3 million.
Operator Qualification and Certification ................................................................................................................................ 50.7 million.
Total Annualized Costs .................................................................................................................................................. 154.1 million.
ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARSContinued

Annual Benefits:
Number of Injuries Prevented ............................................................................................................................................... 175.
Number of Fatalities Prevented ............................................................................................................................................ 22.
Property Damage from Tipovers Prevented ......................................................................................................................... 7 million.
Total Monetized Benefits ............................................................................................................................................... $209.3 million.
Annual Net Benefits (Benefits minus Costs) ............................................................................................................................... $55.2 million.

Source: OSHA Office of Regulatory Analysis.
*Costs with 7% discount rate. Total costs with 3% discount rate: $150.4 million annually.
During the SBREFA process, several flexibility analysis that would evaluate Document that OSHA believed may be
Small Entity Representatives expressed the potential impact of the rule on small of concern to small entities.
concern that the CDAC Document was entities (defined as small businesses, The Panel conducted two conference
so long and complex that small small governmental units, and small calls with the SERs in which the SERs
businesses would have difficulty nonprofit organizations) and identify presented their views on various issues.
understanding it and complying with it. the type of small entities that may be After reviewing the SERs oral and
The SBREFA Panel recommended that affected by the rule. In accordance with written comments, on October 17, 2006,
OSHA solicit public comment on how SBREFA, OSHA then convened a Small the Panel submitted its report
the rule could be simplified and made Business Advocacy Review Panel summarizing the requirements of the C
easier to understand. In the proposal, (Panel) composed of representatives of DAC proposal and the comments
OSHA requested public comment on OSHA, the Office of Management and received from the SERs, and presenting
this issue. The Agency did not receive Budget, and the Office of Advocacy of its findings and recommendations.
any comments objecting to the length or the Small Business Administration. (OSHAS030A200606640019.) In its
clarity of the overall rule, or any Individuals who were representative of findings and recommendations, the
comment on how to simplify the final affected small entities (i.e., Small Entity Panel identified issues that it believed
rule. Some commenters recommended OSHA should address in the proposal
Representatives, or SERs) were
that specific provisions be clarified, and (1) through further analysis, and (2) by
identified for the purpose of obtaining
these comments are addressed later in soliciting public comment. In the
advice and recommendations regarding
this preamble. proposed rule, OSHA addressed each of
the potential impacts of the proposed
the Panels findings and
III. The SBREFA Process rule. recommendations in the section
Before proceeding with a proposed OSHA provided the SERs with the C pertaining to the issue involved, and
rule based on the CDAC Document, DAC Document and the draft Regulatory also solicited public comment on the
OSHA was required to comply with the Flexibility Analysis, and requested that issues raised by the Panel. The
Small Business Regulatory Enforcement they submit written comments on these following table lists the
Fairness Act of 1996, 5 U.S.C. 601 et documents. The Agency also drafted recommendations made by the Panel,
seq. (SBREFA). This process required questions asking for their views on the and OSHAs responses to these
OSHA to draft an initial regulatory specific aspects of the CDAC recommendations.
TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSES

SBREFA Panel Recommendation OSHA Response
The Panel recommends that OSHA provide full documentation for how OSHA has developed a full preliminary economic analysis (PEA) for
it estimated the number of affected small entities and all other cal- the proposal which explains all assumptions used in estimating the
culations and estimates provided in the PIRFA. costs and benefits of the proposed standard. The Final Economic
Analysis (FEA) also explains the changes made to the analysis as a
result of comments on the proposed rule, and OSHAs responses to
these comments.
The Panel recommends that OSHA reexamine its estimate of crane OSHA included homebuilding industries in the Own but Do Not Rent
use in home building, the coverage of crane trucks used for loading and Crane Lessees industrial profile categories.
and unloading, and the estimates of the number of jobs per crane. OSHA has also made a number of additions to the industrial profile to
Changes in these estimates should be incorporated into the esti- cover firms in general industry that sometimes use cranes for con-
mates of costs and economic impacts. struction work, and has added costs for these sectors.
The Panel recommends that OSHA review its estimates for the direct OSHA sought comments on the estimates and methodology. As a re-
costs of operator certification and seek comment on these cost esti- sult of these comments, OSHA has increased its estimate of the unit
mates. costs of certification.
The Panel recommends that OSHA carefully examine certain types of OSHA sought public comment on all aspects (including economic im-
impact that could result from an operator certification requirement, in- pacts, wages, number of operators, demand, etc.) of the operator
cluding reports of substantial increases in the wages of operators; certification requirements, specifically as it pertains to the State of
the possibility of increased market power for firms renting out cranes; California.
and loss of jobs for existing operators due to language, literacy, or OSHA has included 2 hours of travel time per operator into the unit
knowledge problems; and seek comment on these types of impacts. costs for operator certification.
The Panel also recommends studying the impacts of the implemen- OSHA also increased the unit costs of operator certification as a result
tation of operator certification in CA. of comments. However, based on comments, OSHA also reduced
the OSHA percentage of crane operators still needing certification.
TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

The Agency reviewed data on wage rates for operators in California

immediately before and after operator certification was required (Em-
ployment Development Department, Labor Market Information Divi-
sion, State of California, 2007). The data did not show much change
in operators wages.
OSHA also evaluated the changes in crane related fatality rates in
California and found these had significantly declined after the Cali-
fornia certification requirements were put into place.
The Panel recommends that OSHA reexamine its estimates for the OSHA sought comment on the methodology used to calculate all of the
amount of time required to assess ground conditions, the number of costs in the PEA, which includes the costs for assessing ground con-
persons involved in the assessment, and the amount of coordination ditions.
involved; clarify the extent to which such assessments are currently As a result of these comments, OSHA has added costs for examina-
being conducted and what OSHA estimates as new costs for this tion of ground conditions. This addition of costs does not change
rule represent; and seek comments on OSHAs cost estimates. OSHAs conclusion that this standard is economically feasible.
The Panel recommends that OSHA carefully review the documentation The Agency describes the documentation requirements, along with
requirements of the standard, including documentation that employ- cost estimates, in the section of this preamble entitled OMB Review
ers may consider it prudent to maintain; estimate the costs of such Under the Paperwork Reduction Act of 1995.
requirements; seek ways of minimizing these costs consistent with
the goals of the OSH Act; and solicit comment on these costs and
ways of minimizing these costs.
The Panel recommends that OSHA examine whether the inspection re- As explained in the discussion of 1926.1412, Inspections, OSHAs
quirements of the proposed rule require procedures not normally former standard at former 1926.550 requires inspections each time
conducted currently, such as lowering and fully extending the boom the equipment is used, as well as thorough annual inspections. In
before the crane can be used, and removing non-hinged inspection addition, national consensus standards that are incorporated by ref-
plates during the shift inspection, estimate the costs of any such re- erence include additional inspection requirements. This final standard
quirements, and seek comment on these issues. would list the inspection requirements in one place rather than rely
on incorporated consensus standards. This final standard does not
impose significant new requirements for inspections. OSHA received
comments on the issue of lowering and fully extending the boom be-
fore the crane can be used. However, OSHA concludes that the
comments were based on a general misunderstanding of the require-
ments. Section 1926.1413(a) explicitly says that booming down is
not required for shift (and therefore monthly) inspections.
Similarly, OSHA stated in the proposed preamble (73 FR 59770, Oct.
9, 2008) that it does not believe inspection of any of those items
would require removal of non-hinged inspection plates. In the discus-
sion of proposed 1926.1412, OSHA requested public comment on
this point. OSHA finalized 1926.1412 as proposed because com-
ments did not confirm that non-hinged plates needed to be removed
to meet the requirements of a shift inspection.
The Panel recommends that OSHA consider the costs of meeting the Previous subpart N, at former 1926.550(a)(2), required load charts;
requirements for original load charts and full manuals, and solicit this is not a new cost. Subpart N did not require manuals. OSHA
comments on such costs. concludes that most crane owners and operators have and maintain
crane manuals, which contain the load charts and other critical tech-
nical information about crane operations and maintenance. The
Agency determined that the cost of obtaining a copy of a manual
should be modest and solicited comment on how many owners or
operators do not have full manuals for their cranes or derricks. Few
commenters saw this as a major problem.
The Panel recommends that OSHA provide full documentation for its The Agency placed additional materials in the rulemaking docket to aid
analysis of the benefits the proposed rule are expected to produce in the reproduction of the benefits analysis. The Agency also devel-
and assure that the benefits analysis is reproducible by others. oped a full benefits analysis (sec. 4 of the FEA) which includes the
methodology and data sources for the calculations.
The Panel recommends that OSHA consider and solicit public com- In the discussion of proposed 1926.1400(c)(8), OSHA requested pub-
ment on whether the scope language should be clarified to explicitly lic comment on this issue.
state whether forklifts that are modified to perform tasks similar to
equipment (cranes and derricks) modified in that manner would be
covered.
The Panel recommends that there be a full explanation in the preamble OSHA explained in the discussion of proposed 1926.1402(e) how the
of how responsibility for ensuring adequate ground conditions is various employers, including the controlling entity, the employer
shared between the controlling entity, and the employer of the indi- whose employees operate the equipment, and the employer of the
vidual supervising assembly/disassembly and/or the operator. A/D director share responsibility for ensuring adequate ground condi-
tions. OSHA did not receive any significant comments on this issue
and, therefore, considers this matter resolved.
The Panel recommends that OSHA restate the applicable corrective OSHA addressed this recommendation in the discussion of proposed
action provisions (which are set forth in the shift inspection) in the 1926.1412(e) and requested public comment on the issue. Based
monthly inspection section. on these comments, OSHA concludes that the requirements were
clear as proposed, and repeating the provisions will create confu-
sion. Therefore, OSHA did not restate the corrective actions in
1926.1412(e).

The Panel recommends that OSHA solicit public comment on whether, OSHA addressed this recommendation in the discussion of proposed
and under what circumstances, booming down should be specifically 1926.1412(d) and requested public comment on the issues raised
excluded as a part of the shift inspection, and whether the removal in the recommendation.
of non-hinged inspection plates should be required during the shift
inspection.
The Panel recommends that OSHA solicit public comment on whether OSHA solicited comments on this issue, but the Agency did not receive
to include an exception for transportation systems in proposed any significant comments supporting an exception for transportation
1926.1412(a), which requires an inspection of equipment that has systems. Based on the analysis of comments received about
had modifications or additions that affect its safe operation, and, if 1926.1412(a), OSHA concludes that the inspections of modifica-
so, what the appropriate terminology for such an exception would be. tions as required by the final rule are sufficient to ensure that safe
equipment is used. Therefore, OSHA did include the recommended
exclusion in the final rule.
The Panel recommends that OSHA explain in the preamble that the In the explanation of 1926.1412(d)(1) of the proposed rule, OSHA ex-
shift inspection does not need to be completed prior to each shift but plained that the shift inspection may be completed during the shift.
may be completed during the shift. OSHA finalized 1926.1412(d)(1) as proposed because the com-
ments did not demonstrate how it was safer to deviate from the rule
as proposed.
The Panel recommends that OSHA solicit public comment about OSHA requested public comment on this issue and revised the regu-
whether it is necessary to clarify the requirement of proposed latory text of 1926.1412(d)(1)(xi) to provide more clarity, in re-
1926.1412(d)(1)(xi) that the equipment be inspected for level posi- sponse to the comments the Agency received.
tion..
The Panel recommends that OSHA solicit comment on whether pro- There is no requirement to check the pressure at each and every
posed 1926.1412(f)(2)(xii)(D) should be changed to require that line. The provision simply states that relief valves should be
pressure be inspected at the end of the line, as distinguished from checked for failure to reach correct pressure. If this can be done at
at each and every line, and if so, what the best terminology would one point for the entire system, then that would satisfy the require-
be to meet this purpose. (An SER indicated that proposed ment.
1926.1412(f)(2)(xiv)(D) should be modified to checking pressure
setting, in part to avoid having to check the pressure at each and
every line as opposed to at the end of the line.).
The Panel recommends that OSHA solicit public comment on whether Section 1926.1412(f)(2)(xx) of the final rule does not require the cor-
proposed 1926.1412(f)(2)(xx) should be deleted because an SER rective action to which the SER refers. If an inspection under
believes that it is not always appropriate to retain originally-equipped 1926.1412(f) reveals a deficiency, a qualified person must deter-
steps and ladders, such as in instances where they are replaced with mine whether that deficiency is a safety hazard requiring immediate
attaching dollies.. correction. If the inspection reveals that original equipment, such as
stairs and ladders, have been replaced with something equally safe,
there would be no safety hazard and no requirement for corrective
action.
The Panel recommends that OSHA solicit public comment on the ex- In the discussion of proposed 1926.1412(f)(7), OSHA requested pub-
tent of documentation of monthly and annual/comprehensive inspec- lic comment on this issue. OSHA finalized 1926.1412(f)(7) as pro-
tions the rule should require. posed because the comments did not demonstrate a need to modify
the extent of required documentation.
The Panel recommends that OSHA solicit public comment on whether In the discussion of proposed 1926.1412(e), OSHA requested public
the provision for monthly inspections should, like the provision for an- comment on this issue. In response to these comments, OSHA has
nual inspections, specify who must keep the documentation associ- explained in the final preamble that the employer who performs the
ated with monthly inspections. inspection must maintain documentation. If another employer wants
to rely on this inspection, but cannot ensure completion and docu-
mentation of the inspection, then that employer must conduct a
monthly inspection.
The Panel recommends that OSHA consider ways to account for the OSHA addressed this recommendation in the discussion of proposed
possibility that there may sometimes be an extended delay in obtain- 1926.1416(d), and requested public comment on the issue. The
ing the part number for an operational aid for older equipment and Agency did not receive any significant comments.
solicit public comment on the extent to which this is a problem.
The Panel recommends that the provision on fall protection (proposed Except for a minor change to 1926.1423(h), which was made for clar-
1926.1423) be finalized as written and that OSHA explain in the ity purposes, OSHA has finalized 1926.1423 as proposed. OSHA
preamble how and why the Committee arrived at this provision. explained the Committees rationale in the proposed preamble dis-
cussion of 1926.1423.
The Panel recommends that OSHA consider the potential advantages OSHA addressed these recommendations in the discussion of pro-
of and solicit public comment on adding provisions to proposed posed 1926.1427, and requested public comment on the issues
1926.1427 that would allow an operator to be certified on a par- raised by the Panel. Based on these comments, OSHA is not permit-
ticular model of crane; allow tests to be administered by an accred- ting certification on a particular crane model because the body of
ited educational institution; and allow employers to use manuals that knowledge and skills required to be qualified/certified on a particular
have been re-written to accommodate the literacy level and English model of crane is not less than that needed to be qualified/certified
proficiency of operators. for that models type and capacity. OSHA is not allowing an institu-
tion accredited by the Department of Education (DOE) to certify
crane operators solely on the basis of DOE accreditation; such insti-
tutions would, like other operator-certification entities used to fulfill
Option (1), be accredited by a nationally recognized accrediting
body. Finally, OSHA is permitting employers to re-write manuals to
accommodate the literacy level and English proficiency of operators.

The Panel recommends that OSHA clarify in the preamble how the In the discussion of proposed 1926.1427(h), OSHA proposed to allow
proposed rule addresses an SERs concern that his crane operator the oral administration of tests if two prerequisites are met. None of
would not be able to pass a written qualification/certification exam the comments explained why the rule as proposed was not effective
because the operator has difficulty in taking written exams. for evaluating the knowledge of the candidate.
The Panel recommends soliciting public comment on whether the OSHA received public comments on this issue. In the final preamble
phrase equipment capacity and type in proposed discussion of 1926.1427(b)(1)(ii)(B), OSHA explains that the Agen-
1926.1427(b)(1)(ii)(B) needs clarification, suggestions on how to cy added a definition of type in response to public comment. The
accomplish this, and whether the categories represented in Figures 1 Agency also references ANSI crane categories to illustrate the
through 10 contained in ANSI B30.52000 (i.e., commercial truck- meaning of type in this standard.
mounted cranetelescoping boom; commercial truck-mounted
cranenon-telescoping boom; crawler crane; crawler cranetele-
scoping boom; locomotive crane; wheel-mounted crane (multiple
control station); wheel-mounted cranetelescoping boom (multiple
control station); wheel-mounted crane (single control station); wheel-
mounted cranetelescoping boom (single control station)) should be
used.
The Panel recommends that OSHA ask for public comment on whether OSHA addressed this recommendation in the discussion of proposed
the rule needs to state more clearly that 1926.1427(j)(1)(i) requires 1926.1430(c), and explained that 1926.1427(j)(1)s requirement
more limited training for operators of smaller capacity equipment for operator training in the information necessary for safe operation
used in less complex operations as compared with operators of high- of the specific type of equipment the individual will operate ad-
er capacity, more complex equipment used in more complex situa- dressed the SERs concern. However, the Agency sought public
tions. comment on this issue. OSHA finalized 1926.1427(j)(1) as pro-
posed because the comments failed to explain how the hazards re-
lated to the operation of smaller equipment differed from larger
equipment. OSHA then concluded that the comments also were not
persuasive as to why operators of smaller capacity equipment should
be allowed limited training.
The Panel recommends that OSHA consider and ask for public com- OSHA addressed this recommendation in the discussion of proposed
ment on whether a more limited training program would be appro- 1926.1430(c) requested public comment on the issue. The com-
priate for operations based on the capacity and type of equipment ments failed to explain how the hazards related to smaller equipment
and nature of operations. were any different from larger equipment. OSHA then concluded that
the comments also were not persuasive as to why operators of
smaller capacity equipment should be allowed limited training.
ment as to whether the supervisor responsible for oversight for an 1926.1430(c). and requested public comment on the issue. In the
operator in the pre-qualification period ( 1926.1427(f)) should have proposed preamble, OSHA stated that, where a supervisor is not a
additional training beyond that required in the CDAC document at certified operator, he/she must be certified on the written portion of
1926.1427(f)(2)(iii)(B). the test and be familiar with the proper use of the equipments con-
trols; the supervisor is not required to have passed a practical oper-
ating test. OSHA finalized this requirement without substantive
change in 1926.1427(f)(3)(ii) as proposed because none of the
comments demonstrated a need to require additional training for this
qualified individual.
The Panel recommends OSHA solicit comment on whether there are In the discussion of proposed 1926.1437(n)(2), OSHA requested pub-
qualified persons in the field with the necessary expertise to assess lic comment on this issue. Based on these comments, OSHA has
how the rated capacity for land cranes and derricks used on barges concluded that there are qualified persons with dual expertise, and
and other flotation devices needs to be modified as required by pro- that the requirement in 1926.1437(n)(2) is necessary for safety
posed 1926.1437(n)(2). when equipment is engaged in duty cycle work.
The Panel also recommends that OSHA solicit comment on whether it
is necessary, from a safety standpoint, to apply this provision to
cranes used only for duty cycle work, and if so, why that is the case,
and how duty cycle work should be defined.
The Panel recommends that OSHA consider and ask for comment on In the discussion of proposed 1926.1440(a), OSHA requested public
whether it would be appropriate to exempt from the rule small comment on this issue. These comments did not provide any specific
sideboom cranes incapable of lifting above the height of a truck bed reason for exempting these small sideboom cranes and, therefore,
and with a capacity of not more than 6,000 pounds. OSHA has not provided a small capacity sideboom crane exemption
from this standard.
The Panel recommends that OSHA solicit public comment on how the The length and comprehensiveness of the standard is an issue for this
proposed rule could be simplified (without creating ambiguities) and rulemaking. In the proposed preamble Introduction, OSHA requested
made easier to understand. (Several SERs believed that the CDAC public comment on this issue; however, the Agency did not receive
document was so long and complex that small businesses would any comments objecting to the length or clarity of the overall rule or
have difficulty understanding it and complying with it.). offer any suggestions as to how it could be simplified.
The Panel recommends that OSHA consider outlining the inspection OSHA will consider developing such an aid as a separate guidance
requirements in spreadsheet form in an Appendix or developing document.
some other means to help employers understand what inspections
are needed and when they must be done.

The Panel recommends that OSHA consider whether use of the words Some SERs requested clarification as to when documentation was re-
determine and demonstrate would mandate that the employer quired, believing that the document implicitly requires documentation
keep records of such determinations and if records would be re- when it states that the employer must determine or demonstrate
quired to make such demonstrations. certain actions or conditions. OSHA notes that it cannot cite an em-
ployer for failing to have documentation not explicitly required by a
standard. See also the discussion under proposed 1926.1402(e).
The Panel recommends soliciting public comment on whether the word In the discussion of proposed 1926.1416(d), OSHA requested public
days as used in 1926.1416(d) and 1926.1416(e) should be clari- comment on this issue. As a clarification in response to the com-
fied to mean calendar days or business days. ments received, OSHA determines that the term days refers to cal-
endar days.
The Panel recommends that OSHA carefully discuss what is included OSHA proposed a scope section, 1926.1400, and discussed in detail
and excluded from the scope of this standard. the types of machinery proposed to be included and excluded under
this standard. OSHA received public comments on this proposed
scope, analyzed the comments, and provided more discussion of the
scope section in the final preamble.
The Panel recommends that OSHA gather data and analyze the effects OSHA obtained and evaluated a study by the Construction Safety As-
of already existing certification requirements. sociation of Ontario showing that Ontarios certification requirement
led to a substantial decrease in crane-related fatalities there. OSHA
also examined both economic data of crane operator wage rates be-
fore and after the certification requirements, and fatality rates before
and after the certification requirements.
This data shows that costs disruptions were minimal, and that crane fa-
talities were significantly reduced as a result of the California certifi-
cation standard.
The Panel recommends that OSHA consider excluding and soliciting In the discussion of proposed 1926.1400(c), OSHA requested public
comment on whether equipment used solely to deliver materials to a comment on this issue. Based on the analysis of the comments re-
construction site by placing/stacking the materials on the ground ceived, OSHA recognized an exclusion for delivery materials that
should be explicitly excluded from the proposed standards scope. should exclude most true deliveries, while avoiding creating a loop-
hole to the standard that would allow materials-delivery firms to en-
gage in extensive construction activities.
The Panel recommends that OSHA should consider the information The information and opinions submitted by the SERs are part of the
and range of opinions that were presented by the SERs on the issue record for this rulemaking, and OSHA considered them along with
of operator qualification/certification when analyzing the public com- the other public comments on the proposed rule.
ments on this issue.
The Panel recommends that OSHA consider and solicit public com- OSHA addressed this recommendation in the discussion of proposed
ment on expanding the levels of certification so as to allow an oper- 1926.1427, and requested public comment on the issue. Based on
ator to be certified on a specific brands model of crane. these comments, OSHA is not permitting certification on a particular
crane model because the body of knowledge and skills required to
be qualified/certified on a particular model of crane is not less than
that needed to be qualified/certified for that models type and capac-
ity.
ment on expanding the levels of operator qualification/certification to 1926.1427(j)(1), and requested public comment on this issue.
allow an operator to be certified for a specific, limited type of cir- Though several commenters were in favor of this option, they did not
cumstance. Such a circumstance would be defined by a set of pa- explain how these lifts could objectively be distinguished from lifts
rameters that, taken together, would describe an operation character- generally. Several other commenters indicated that the types of haz-
ized by simplicity and relatively low risk. The Agency should consider ards present and the knowledge needed to address those hazards,
and solicit comment on whether such parameters could be identified remained the same, regardless of the capacity of the crane involved
in a way that would result in a clear, easily understood provision that or the routine nature of the lift (see discussion of 1926.1427(a)).
could be effectively enforced. Based on these comments, the Agency has not promulgated such a
provision.
ment on allowing the written and practical tests described in Option 1926.1427(b)(3), and requested public comment on the issue. Sev-
(1) to be administered by an accredited educational institution. eral comments were submitted in favor of allowing this option; how-
ever, they did not establish that Department of Education (DOE) ac-
creditation would guarantee the same efficacy in certification as ac-
creditation as a personnel certification entity.
The hearing testimony of Dr. Roy Swift explained the difference in the
types of accreditation and the reasons why DOE accreditation would
not adequately address operator certification issues. Therefore,
OSHA has finalized this provision as it was proposed.
The Panel recommends that OSHA solicit public comment on making it In the discussion of proposed 1926.1427(h)(1), OSHA requested pub-
clear that: (1) an employer is permitted to equip its cranes with lic comment on this issue. Based on the analysis of the comments
manuals re-written in a way that would allow an operator with a low received, OSHA concludes that these manuals may not be re-written
literacy level to understand the material (such as substituting some as recommended because it could cause information important for
text with pictures and illustrations), and (2) making it clear that, when safety to be omitted.
the cranes are equipped with such re-written manuals and materials,
the manuals and materials referred to in these literacy provisions
would be the re-written manuals.

The Panel recommends that OSHA explain in a Small Business Com- OSHA will issue a Small Business Compliance Guide after the final
pliance Guide that the certification/qualification test does not need to rule is issued, and will explain these points in the Guide.
be administered in English but can be administered in a language
that the candidate can read; and that while the employee would also
need to have a sufficient level of literacy to read and understand the
relevant information in the equipment manual, that requirement
would be satisfied if the material is written in a language that the em-
ployee can read and understand.
IV. Summary and Explanation of the OSHA determined that the addition of did not apply to crane- or derrick-
Rule 1926.6 and the removal of 1926.31 suspended personnel platforms. Prior to
are not subject to the procedures for the promulgation of this final rule,
Authority Citations
public notice and comment specified by former 1926.550(g)(2) regulated crane-
For all subparts affected by this sec 4 of the Administrative Procedures or derrick-suspended personnel
rulemaking, the authority citations have Act (5 U.S.C. 553), sec. 6(b) of the platforms. Personnel platforms
been amended to refer to the Occupational Safety and Health Act of suspended by cranes or derricks are
documentation that permits the 1970 (29 U.S.C. 655(b)), and 29 CFR part now regulated by 1926.1431. This
promulgation of this rule. 1911. New 1926.6, like the 1926.31 it change does not affect the requirements
replaces, is a rule of agency of 1926.450(a), does not change any
Removal of 1926.31 and Addition of organization, procedure, or practice existing rights or obligations, and no
1926.6Incorporation by Reference within the meaning of 5 U.S.C. member of the regulated community is
Section 1926.31 of 29 CFR part 1926 553(b)(3)(A), and the addition of likely to object to it. OSHA, therefore,
provided information about locating 1926.6 constitutes a technical finds good cause that the opportunity
documents incorporated by reference amendment that does not affect or for public comment is unnecessary
into all of the construction standards in change any existing rights or within the meaning of 5 U.S.C.
that part. The Agency is removing this obligations. No member of the regulated 553(b)(3)(B), 29 U.S.C. 655(b), and 29
section and relocating the majority of its community is likely to object to it. In CFR 1911.5.
text to new 29 CFR 1926.6 for several conclusion, OSHA finds good cause that
Subpart MFall Protection
reasons. First, the change in the location the opportunity for public comment is
of the section from 1926.31 to 1926.6 unnecessary within the meaning of 5 Amendments to 1926.500
is for organizational purposes. New U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b), Prior to the promulgation of this final
1926.6 is within 29 CFR part 1926 and 29 CFR 1911.5. rule, 1926.500(a)(2)(ii) stated that
subpart A (General), which is a more In addition to relocating the list of subpart N set forth the workplaces,
logical placement than 1926.31, which documents from the Finding Aids list, conditions, operations, and
is within subpart C (General Safety and OSHA is adding to the list of documents circumstances for which fall protection
Health Provisions), and is the same incorporated by reference those must be provided for employees
section number (6) as the incorporation documents that are newly incorporated working on certain cranes and
reference section for general industry by reference in these final rules. The derricks. Because subpart CC now
standards: 29 CFR 1910.6. Second, Federal Register approved these provides comprehensive requirements
OSHA is relocating the list of all documents, which are listed as follows, for the provision of fall protection to
documents incorporated by reference for incorporation by reference as of workers on equipment covered by
November 8, 2010: ANSI B30.51968; subpart CC, the Agency amended
into 29 CFR part 1926 from its previous
ASME B30.22005; ASME B30.52004; 1926.500(a)(2)(ii) by replacing the
location in the Finding Aids of the
ASME B30.72001; ASME B30.142004; reference to subpart N with a reference
CFR to 1926.6 because the Federal
AWS D1.1/D1.1M:2002; ANSI/AWS to subpart CC and deleting the word
Register is no longer publishing the list
D14.394; BS EN 13000:2004; BS EN certain.
in the hardcopy versions of the CFR.2
14439:2006; ISO 116601:2008(E); ISO Section 1926.500(a)(3) provided that
The Agency is restructuring the text 116602:1994(E); ISO 116603:2008(E);
previously located in 1926.31 to make the requirements for the installation,
PCSA Std. No. 2 (1968); SAE J185 (May construction, and proper use of fall
1926.6 parallel 29 CFR 1910.6, which 2003); SAE J987 (Jun. 2003); and SAE
lists the documents incorporated by protection for construction workers
J1063 (Nov. 1993). were set forth in 1926.502 of subpart
reference into the general industry
standards in 29 CFR part 1910. OSHA Subpart LScaffolds M, with certain exceptions. OSHA
is not including the text formerly in 29 amended 1926.500(a)(3) to provide an
Amendments to 1926.450 exception for steps, handholds, ladders,
CFR 1926.31(b), which could be read as
implying that OSHA intended to The agency is removing the reference and grabrails/guardrails/railings
incorporate into its standards, without to former 1926.550(g) from this section required by subpart CC because the
because former 1926.550(g) has been criteria for those forms of fall protection
following the procedures specified in 1

CFR part 51, revised versions of redesignated and reserved by this are provided in subpart CC. This
documents previously incorporated by rulemaking. Section 1926.450(a) exception, 1926.500(a)(3)(v), also
reference. explains that this section applies to all clarifies that 1926.502(a), (c)(e), and
scaffolds used in work covered by (i) apply unless otherwise stated in
2 The list will still be available online at http:// subpart L. Prior to the promulgation of subpart CC, and that no other
www.gpoaccess.gov/ecfr from the link to this final rule, it referenced former paragraphs of 1926.502 apply to
Incorporated by Reference. 1926.550(g) to explain that 1926.450 subpart CC. The exception reduces the
extent to which 1926.502 applies to older ANSI B30.71968, which is Subpart SUnderground Construction,
work covered under subpart CC, and referenced in 1926.553, continues to Caissons, Cofferdams, and Compressed
clarifies that subpart CC generally sets apply to all base-mounted drum hoists Air
forth the criteria for the fall protection not used in conjunction with derricks. Amendments to 1926.800
systems required under subpart CC.
Section 1926.500(a)(4) stated that Subpart OMotorized Vehicles, This section regulates hoisting unique
1926.503 sets forth the requirements Mechanical Equipment, and Marine to underground construction. Prior to
for training in the installation and use Operations the promulgation of this final rule,
of fall protection systems, except in 1926.800(t) of this section referenced
Amendments to 1926.600
relation to steel erection activities. The former 1926.550(g), which has been
Agency added the phrase and the use This section regulates motor vehicles, redesignated 1926.1501(g). The
of equipment covered by subpart CC at mechanized equipment, and marine Agency intended that the reference to
the end of the exception to make clear operations. Prior to the promulgation of former 1926.550(g) be replaced by a
that the fall protection training this final rule, 1926.600(a)(6) reference to new subpart CC, but
requirements in 1926.503 of subpart M referenced 1926.550(a)(15), which has inadvertently omitted that action from
do not apply to fall protection systems been redesignated and reserved. the Federal Register notice for the
when used to comply with subpart CC. proposed rule. To avoid any potential
Because the Agency inadvertently did
Training for fall protection systems notice issues that might arise if the
not propose any revision of
required by subpart CC is governed by Agency substituted a reference to
1926.600(a)(6), OSHA is preserving the
1926.1423(k). subpart CC in place of the prior
same requirements imposed by former reference to former 1926.550(g), the
Subpart NHelicopters, Hoists, 1926.550(a)(15) pursuant to this Agency has instead elected to
Elevators, and Conveyors section by incorporating language redesignate 1926.550 as 1926.1501 in
The heading of subpart N has been substantively identical to that of former new subpart DD, which has been
changed to Helicopters, Hoists, 1926.550(a)(15) into revised created for this purpose. The Agency
Elevators, and Conveyors. The revision 1926.600(a)(6). The revision of intends to revisit this issue in the near
of the heading reflects both the 1926.600(a)(6) does not alter any of the future.
equipment that is now regulated by substantive requirements of that section, References to former 1926.550(g)
subpart N and the removal of sections does not change any existing rights or have been replaced with references to
regulating cranes and derricks from obligations, and no member of the 1926.1501(g). This redesignation of
subpart N to subpart CC. regulated community is likely to object 1926.550 and the replacement of
Amendments to 1926.550 to it. OSHA, therefore, finds good cause references do not alter any of the
that the opportunity for public comment substantive requirements of
Cranes and derricks used in 1926.800(t), do not change any
is unnecessary within the meaning of 5
construction had been regulated by existing rights or obligations, and no
U.S.C. 533(b)(3)(B), 29 U.S.C. 655(b),
1926.550. Subpart CC is now the member of the regulated community is
and 29 CFR 1911.5.
applicable standard for regulating the likely to object to it. OSHA, therefore,
use of cranes and derricks in Subpart RSteel Erection finds good cause that the opportunity
construction. Section 1926.550 has been for public comment is unnecessary
redesignated as 1926.1501 and Amendments to 1926.753 Hoisting and
Rigging within the meaning of 5 U.S.C.
reserved. 553(b)(3)(B), 29 U.S.C. 655(b), and 29
Amendments to 1926.553 With the exception of former CFR 1911.5.
OSHA revised 1926.553 to include a 1926.550(g)(2), 1926.753(a) applied Subpart TDemolition
new provision, 1926.553(c). This all of the provisions of former
1926.550 to hoisting and rigging Amendments to 1926.856 and
section explains that 1926.553 does
during steel erection. Similarly, 1926.858
not apply to base-mounted drum hoists
used in conjunction with derricks. 1926.753(c)(4) allowed cranes and These sections regulate the use of
Instead, base-mounted drum hoists used derricks to hoist workers on a personnel cranes and in demolition work. Prior to
with derricks must conform to the platform in accordance with all of the promulgation of this final rule,
requirements of 1926.1436. This former 1926.550 except former 1926.856(c) and 1926.858(b)
change was made in response to a 1926.550(g)(2). Because former referenced subpart N, part of which
request by a commenter who wanted to 1926.550 has been redesignated and (former 1926.550) has been
clarify that the requirements for base- reserved, 1926.753 has been revised to redesignated as 1926.1501. The
mounted drum hoists used with avoid changing the requirements of that Agency intended for the reference to
derricks could be found in new subpart section. Section 1926.753(a) applies all subpart N in 1926.856(c) to be
CC. (ID0130.1.) No information was of subpart CC except 1926.1431(a) to supplemented with a reference to new
submitted to the record that indicates hoisting and rigging, and subpart CC, and intended that the
OSHA should not make the revision to 1926.753(c)(4) applies all of reference to subpart N in 1926.858(b)
1926.553. 1926.1431 except 1926.1431(a). be replaced by a reference to new
OSHA determined that the revision subpart CC, but inadvertently omitted
These two paragraphs of 1926.753
addresses the commenters concerns that action from the Federal Register
reference 1926.1431(a) because the

regarding the applicability of 1926.553 notice for the proposed rule. To avoid
and enhances the clarity of the final requirement formerly found in any potential notice issues that might
rule. This revision ensures that base- 1926.550(g)(2) is now contained in arise if the Agency substituted a
mounted drum hoists used in the design 1926.1431(a) of subpart CC. reference to new subpart CC in place of
of derricks meet the updated the prior reference to subpart N, the
requirements of ASME B30.72001, Agency has instead elected to
which is referenced in 1926.1436. The redesignate 1926.550 as 1926.1501 in
a new subpart DD which has been are now required by 1926.1410(d), derricks in construction. Cranes and
created for this purpose. The Agency OSHA is deleting them from subpart V. derricks used in construction had been
intends to revisit this issue in the near As a result of that deletion, former regulated by 1926.550. Accordingly,
future. 1926.952(c)(2)(iii) and (iv) are 1926.550 has been redesignated and
References to subpart N in redesignated 1926.952(c)(3)(i) and reserved.
1926.856(c) and 1926.858(b) have (ii). Section 1926.1400 Scope
been supplemented or replaced with OSHA is also adding a note after new
references to 1926.1501. This 1926.952(c)(3) to cross-reference the As explained in the proposed rule,
redesignation of 1926.550 and the safe harbor in 1926.1400(g), which CDAC decided to describe the scope of
replacement of references do not alter provides that employers performing the rule with both a functional
any of the substantive requirements of subpart V work have the option of description (power-operated
1926.856(c) and 1926.858(b), do not complying with 29 CFR 1910.269(p) in equipment used in construction that can
change any existing rights or lieu of the requirements in 1926.1407 hoist, lower, and horizontally move a
obligations, and no member of the through 1926.1411 of new subpart CC. suspended load) together with a non-
regulated community is likely to object For additional information, see the exclusive list of the types of existing
to it. OSHA, therefore, finds good cause discussion of 1926.1400(g) in the equipment that are covered.3 By
that the opportunity for public comment preamble to this final rule. defining the scope in this way, CDAC
is unnecessary within the meaning of 5 tried to provide the clearest possible
Subpart XStairways and Ladders notice as to the equipment that is
U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b),
and 29 CFR 1911.5. Amendment to 1926.1050 Scope, covered by the standard while also
Application, and Definitions Applicable including new and/or other existing
Subpart VPower Transmission and equipment that is similar to the listed
to This Subpart
Distribution examples.
This section applies the provisions of One commenter objected to this
Amendment to 1926.952 subpart X to all stairways and ladders approach, believing that the approach
The subpart V provisions have been used in construction. However, CDAC does not provide the regulated
changed to reflect the terminology used concluded that the OSHA requirements community with clear notice of the
in the scope section of this standard and of subpart X did not account for the bounds of the regulated equipment.
its new subpart designation. characteristics of the equipment that (ID0286.1.) This commenter
Accordingly, 1926.952(c), which would be regulated by subpart CC. recommended that OSHA avoid this
referenced subpart N with respect to OSHA agreed with the committee and, perceived notice problem by limiting
derrick trucks and cranes, has been accordingly, is amending 1926.1050(a) the scope of the standard to equipment
revised to reference subpart CC. Prior to to explain that subpart X does not apply described in ASME B30 standards. It
this final rule, 1926.952(c)(1)(i) and to integral components of equipment recommended adding the words and is
(ii) addressed minimum clearance covered by subpart CC. It further described in American Society of
distances. Because 1926.1407 explains that only subpart CC Mechanical Engineers ASME B30
through 1926.1411 address minimum establishes the circumstances when standards at the end of the first
clearance distances when clearance ladders and stairways must be provided sentence of proposed paragraph (a) of
distances in Table V1 would apply to on equipment covered by subpart CC. this section.
derrick trucks and cranes used in This revision is also discussed in the OSHA disagrees with this commenter
subpart V work, 1926.952(c)(1)(i) and preamble section for 1926.1423(c). that paragraph (a), when read together
(ii) have been deleted. with the list of exclusions in paragraph
In conformance with language in Appendix A to Part 1926 Designations (c) of this section, does not provide clear
1926.1400(c)(4), the agency is adding for General Industry Standards notice as to what equipment is covered
new 1926.952(c)(2) into subpart V. It Incorporated Into Body of Construction and what is excluded. As explained
states that digger derricks used for Standards earlier, paragraph (a) is designed to
augering holes for electrical poles, OSHA modified Appendix A to part make clear the types of existing
placing and removing the poles, or 1926. Before the promulgation of this equipment that are covered while also
handling associated materials to be final rule, Appendix A referred to covering newly-developed equipment
installed or removed from the poles former 1926.550(a)(19), which has that is similar to the listed examples.
must comply with 29 CFR 1910.269. been redesignated and reserved. The approach suggested by the
This provision ensures comparable Therefore, the reference to this section commenter would limit any coverage of
safety requirements exist for digger and the reference to the general industry newly developed equipment to any such
derricks performing electrical pole standard it incorporated, equipment that might be included in an
work. 1910.184(c)(9), have been deleted. unspecified future ASME B30 standard,
What was 1926.952(c)(2) prior to the This deletion is a technical and without the opportunity for OSHA to
promulgation of this final rule has been conforming change, does not change any assess that equipment to determine
redesignated 1926.952(c)(3). Former existing rights or obligations, and no whether its exemption from subpart CC
1926.952(c)(2)(i) and (ii) listed member of the regulated community is would be appropriate. OSHA concludes
precautions for operating mechanical likely to object to it. OSHA, therefore, that this approach may unduly limit the
equipment closer to energized power finds good cause that the opportunity scope of subpart CC. In addition, it
lines than allowed by 1926.950(c). The would contradict the intent of CDAC
for public comment is unnecessary

precautions (using an insulated barrier within the meaning of 5 U.S.C. with respect to several specific types of
and grounding the equipment) that were 553(b)(3)(B), 29 U.S.C. 655(b), and 29 equipment. For example, at least three
specified in 1926.952(c)(2)(i) and (ii) CFR 1911.5
3 The scope of the standard with respect to some
are now required under 1926.1410(d)
when equipment used in subpart V 29 CFR Part 1926 Subpart CC of the listed equipment is further delineated in the
section of the standard that specifically relates to
work is operated closer than the Table The Agency is promulgating Subpart that equipment (for example, 1926.1436, Derricks
V1 clearances. Since these precautions CC for regulating the use of cranes and and 1926.1438, Overhead & Gantry Cranes).
types of covered equipment that meet February 1, 1999, Letter of railroad operations, including: (1) The
the functional definition in paragraph Interpretation to Randall A. Tindell, operator qualification/certification
(a), dedicated pile drivers,4 digger Williams Power Company, available at requirement because no current
derricks (see the discussion of digger http://www.osha.gov; August 11, 1994, certifying organization tests for the type
derricks below under paragraph (c)(4)), Memorandum from James W. Stanley, of cranes used by railroads; (2) the
and straddle cranes are not covered in Deputy Assistant Secretary, available at requirements for ground conditions,
ASME B30 standards, while the ASME http://www.osha.gov. work area control, and level positioning;
B30 standards include equipment (e.g., Two commenters objected to the and (3) the requirement for a dedicated
stacker cranes) not covered under this inclusion of overhead and gantry cranes channel if electronic signals are used.
standard. Thus, adopting the on the basis that such cranes are rarely They also say that most such work is
commenters suggestion would exclude used in construction and that a number maintenance rather than construction.
certain equipment that CDAC intended of the most significant provisions of the OSHA concludes there is merit in some
to include and would introduce standard, such as those covering ground of the specific concerns raised by these
ambiguity over whether certain types of conditions and proximity to power commenters and addresses those
equipment that CDAC intended to lines, do not apply to overhead and concerns in the sections of the standard
exclude are included. Where the gantry cranes. (ID0122.0; 0191.1.) pertaining to them. However, OSHA
commenter has not made a compelling OSHA agrees that overhead and gantry sees no basis for excluding work along
argument as to why the standard would cranes that are installed in general railroad rights-of-way from this rule.
be improved by adopting the ASME industry workplaces and used only Some such work, such as the
standards, OSHA defers to CDACs incidentally for construction work in replacement or renovation of
expertise on this issue. such facilities should be covered under automotive bridges over railroads, is
A commenter objected to defining the the general industry standard. This final plainly construction work that is
scope of the standard in terms of types standard accommodates this objective appropriately regulated under this
of equipment, saying that it represented by providing, in 1926.1438, that construction standard.
an unexplained departure from OSHAs overhead and gantry cranes that are Several commenters raised concerns
practice of describing the scope of permanently installed in a facility are with the effect that this rulemaking
construction standards in terms of covered by the general industry would have on electric utilities,
conditions and practices. (ID0203.1.) standard even though used in including: (1) The limited exclusion for
Contrary to this commenters belief, construction work, such as renovating digger derricks used in the industry; (2)
OSHA has often defined construction the facility in which they are installed. the proposed requirement that
standards in terms of equipment. See, However, under 1926.1438, overhead employers performing subpart V work
e.g., subpart L, Scaffolds. Indeed, this and gantry cranes that are not show that it is infeasible to maintain the
rule for cranes and derricks replaces a permanently installed in a facility, such normal clearance from energized power
previous rule for cranes and derricks at as a launching gantry used in the lines before they can use the less
former 1926.550, the scope of which construction of a bridge, are covered by restrictive clearances in subpart V; (3)
was also defined in terms of types of this standard. Such cranes are intended application of the operator
equipment. to be used for construction work, qualification/certification requirement
Several commenters asked OSHA to present many of the same hazards as to the industry; and (4) the duties
clarify the meaning of construction as other equipment used in construction imposed on utility employers when
it is used in paragraph (a) of this work, and are properly regulated under other employers operate equipment near
section. (ID0147.1; 0165.1; 0214.1; this construction standard. power lines owned or operated by the
0235.1.) Some of these comments No other comments were received utility employers. (ID0201.1; 0203.1;
asked OSHA to clarify whether the use objecting to the inclusion of items on 0215.1.) The commenters suggest that
of lifting equipment to deliver materials the non-exclusive list in paragraph (a). all of these issues can be resolved by
to a construction site is covered under Several commenters asked that excluding utilities entirely from the
the standard. That issue is addressed construction work performed in certain standard.
below and is clarified in a new industries be excluded from the OSHA does not agree that this limited
1926.1400(c)(17). One commenter standard. The industries making such group of concerns justifies completely
noted that OSHA draws a distinction requests include railroads (ID0170.1; excluding utilities from this standard.
between construction work and routine 0176.1); shipbuilders (ID0195.1); The use of cranes in utility construction
maintenance and asked for examples of electric utilities (ID0203.1; 0215.1); work has always been subject to the
activities that fall under construction and companies that install signs in construction crane standards (see
and under maintenance. (ID0147.1.) buildings under construction 1926.952(c)), and these commenters
OSHA notes that considerable guidance (ID0189.1). For all of these industries, have not advanced a persuasive
on this distinction is already available. the commenters identify what they argument to discontinue this practice.
Several interpretive documents that believe are specific problems in The specific issues addressed by these
discuss the distinction between applying the standard to their activities commenters with respect to the
construction and maintenance in the and suggest that the most direct way of application of this rule to electric
context of specific inquiries and issues solving those problems is to exclude utilities will be addressed below in
are available on OSHAs Web site. See, them from the standard entirely. For the sections dealing with those issues.
e.g., November 18, 2003, Letter of following reasons, OSHA declines to A commenter that operates shipyards
in three states asks that shipyards be
Interpretation to Raymond V. Knobbs, exempt construction work performed by

Minnotte Contracting Corporation, employers in these industries from the excluded from the standard.
available at http://www.osha.gov; scope of this standard. (ID0195.1.) This commenter states that
Two commenters ask that work along it currently has an excellent crane safety
4 The proposed rule explained in detail why
railroad rights-of-way be excluded from program that is based on general
CDAC decided to include dedicated pile drivers the standard. (ID0170.1; 0176.1.) They industry and shipyard standards, and
under this rule even though they are not
traditionally considered to be cranes or derricks claim that a number of provisions in the asserts that its program would be
(see 73 FR 59727, Oct. 9, 2008). proposed rule are not suitable for adversely affected by the need to
administer a separate program for the for complete exclusion, the commenter when the equipment is used for general
small percentage of lifts that would makes clear that its objection pertains to industry work and not construction
fall under the construction standard. the requirement for operator work.
The commenter notes that the proposed qualification/certification in
Paragraph (b)
standard has partially addressed its 1926.1427. It asks for less stringent
concern by providing that overhead and requirements for its industry, such as Proposed paragraph (b) of this section
gantry cranes that are permanently employer self-certification and a broader provided that equipment covered by
installed in a facility are subject to the range of training and certifying entities, paragraph (a) remains within the scope
general industry standard for such such as accredited educational of the standard when used with
cranes rather than this proposed institutions. attachments that are either crane-
construction standard. It states that OSHA declines to exempt sign attached or suspended. As defined in
shipyards could potentially use other installation from the standard. Using 1926.1401, an attachment is any
types of cranes to support construction cranes for sign installation on device that expands the range of tasks
activities at its sites. construction sites involves the same that can be done by the equipment.
OSHA finds that the proposed rule hazards as when used for other Examples include, but are not limited
appropriately addressed this issue. purposes. Examples include installation to: an auger, drill, magnet, pile-driver,
Overhead and gantry cranes are one of of signs near power lines; operation of and boom-attached personnel platform.
the most common type of crane used in the crane at an extended radius due to CDAC decided to include such
shipyards and, as the commenter notes, the need for long reach, which can attachments, even though they might
1926.1438 allows employers with heighten the risk of tip-over; the risk to not use the cranes hoisting mechanism,
permanently installed overhead and the sign installers of losing the load; to avoid the confusion that would result
gantry cranes to continue to follow the failures due to poor equipment if the equipment moved in and out of
general industry standard. Moreover, 29 condition or miscommunication coverage of the rule as attachments are
CFR 1915.2(a), provides that the between the operator and signal person. put on and taken off. Furthermore, most
shipyard standards apply to all ship Finally, the commenters objections to of the operational characteristics and
repairing, shipbuilding and the operator qualification/certification hazards of the equipment remain the
shipbreaking employments and related requirements for its industry parallels same while the attachment is in use. No
employments. Therefore, some work objections raised by others and will be comments were received regarding this
that would otherwise be considered addressed in the discussion of paragraph, and it is being promulgated
construction work and subject to 1926.1427. as proposed.
subpart CC is in fact included in such A commenter representing the
related employments. Therefore, propane gas industry says that industry Paragraph (c)
subpart CC will likely affect shipyards does not use cranes in construction
Proposed paragraph (c) of this section
only to a limited extent. work and asks OSHA to affirm this in
listed machinery that would be
While it is understandable that the the final rule. (ID0198.1.) The
specifically excluded from the scope of
commenter may find it more convenient commenter asserts that the industry
the rule. As discussed below, several of
to administer a single program installs propane storage tanks ranging
these proposed exclusions generated
addressing only the general industry from 120 to 5,000 gallons capacity using
public comment.
and shipyard standards, it has not truck-mounted cranes to lift and place
substantiated its claim that the the tanks onto supports. Proposed paragraph (c)(1) provided
integration of this standard into that From this limited description of the that machinery otherwise included
program or implementation of an industrys use of cranes, it is likely that under 1926.1400(a) but converted or
additional program addressing this at least some of the industrys work is adapted for non-hoisting/lifting use is
standard would not improve safety. The construction work. If the site at which excluded. Power shovels, excavators
Agency notes that the commenters the tank is installed is a building under and concrete pumps are listed as
construction operations have construction, installation of a propane nonexclusive examples of such
historically been subject to part 1926 tank would qualify as construction conversions/adaptations or modified
subpart N. work, just as the installation of an air machinery.
A representative of employers who conditioning unit on that site would be A commenter suggested that OSHA
install signs in buildings asks that sign construction work. At the other extreme, consider including concrete pumping
erection be excluded from the standard. replacing a small tank at an existing site trucks because they are configured as
(ID0189.1.) This commenter says that with a new tank of the same capacity cranes and suspend loads over a
sign erection is low-risk work because would be considered general industry distance. (ID0178.1.) CDAC
most signs are relatively light (rarely work. In sum, based on the information considered this issue but decided not to
exceeding 2,000 pounds) and the provided, it appears that some of the include them. While a concrete
equipment used is light duty industrys work is construction work pumping truck does pose some of the
equipment with relatively simple and some is general industry. OSHA same hazards as a crane, its load (i.e.,
operating controls. For heavier signs, it therefore cannot affirm that the the concrete being pumped) is carried in
states that sign installers typically hire propane industry is excluded from the a piping system affixed to its boom,
crane companies that employ certified standard. rather than being suspended.
and professional crane operators. The For the foregoing reasons, OSHA is Consequently, it does not fit the
commenter notes that proposed promulgating paragraph (a) as proposed functional definition in paragraph (a) of
1926.1441 would exempt equipment except for a grammatical correction to this section. This commenter noted that,
with a rated capacity of 2,000 pounds or clarify that the standard applies to only like a crane, a concrete pumping truck
less from the standard but says this equipment used for construction may have outriggers or be located near
would not provide the industry with activities. Employers who use covered a power line. However, this standard is
relief because sign installers must use equipment for both general industry designed to address the hazards that are
higher capacity cranes due to the reach work and construction work would not specific to cranes and derricks rather
needed to install signs. Although it asks be required to comply with subpart CC than to address stability and power line
clearance issues for all types of 1926.602 in subpart OMotor which such trucks are used (73 FR
construction equipment. Vehicles, Mechanized Equipment, and 59729, Oct. 9, 2008).
A commenter asked that a type of Marine Operations, covers the material Most of the commenters on this issue
equipment for which it holds patent handling equipment that is excluded favored an exclusion for digger derricks
rights, the Linemaster Robotic Arm, be from this standard. No comments were but asked that the proposed exclusion
excluded. (ID0209.1.) According to the received concerning paragraph (c)(2), be broadened to all uses of digger
commenter, this equipment is a and it is promulgated as proposed. derricks by electric utilities.
hydraulically powered, boom mounted, Proposed paragraph (c)(3) excluded (ID0129.1; 0139.1; 0144.1; 0162.1;
rotating and telescopic robotic arm that automotive wreckers and tow trucks 0200.1; 0215.1; 0217.1; 0226.)
is used to separate live power lines from when used to clear wrecks and haul Several noted that the proposed
poles. The commenter states that crews vehicles (see explanation at 73 FR exclusion would lead to the
using the robotic arm use a crane only 59729, Oct. 9, 2008). No comments were incongruous result in that digger
as a non-hoisting support machine, and submitted on this paragraph, and it is derricks would move in and out of
that the crane cannot be used to lift or promulgated as proposed for the reasons coverage depending on the task they are
haul materials because its winch line is provided in the preamble to the performing. Noting that most of the
removed. The commenter believes that proposed rule. exclusions developed by CDAC
such equipment should be excluded Proposed paragraph (c)(4) would have applied to types of equipment rather
under paragraph (c)(1) because the crane excluded service trucks with mobile than specific tasks, a commenter stated
has been converted to a non-hoisting lifting devices that are designed that CDAC contradicts itself by
use. specifically for use in the power line proposing a task-related exclusion
OSHA does not agree with this and electric industries when those instead of an equipment-related
commenter. As discussed above, under trucks are used either to auger holes to exclusion. (ID0200.1.) One commenter
paragraph (b) of this section, equipment set power and utility poles or to handle recommended that the proposed
otherwise covered by the standard associated materials that will be exclusion be extended to the setting and
remains covered when used with removal of poles. (ID0209.1.) Another
installed or removed from utility poles.
attachments that are either crane-
A digger derrick, or radial boom derrick, opposed any exclusion for digger
attached or suspended. The description
is an example of such a truck. derricks because digger derricks work in
of the robotic arm supplied by the
This machinery is currently covered proximity to power lines. (ID0092.20.)
commenter suggests that the robotic arm
by subpart N, with the exception of Some commenters suggested that any
fits within paragraph (b). As explained
above, paragraph (b) is designed to certain provisions, by virtue of exclusion for digger derricks should also
avoid having equipment move in and 1926.952(c). We note that ASME apply to other industries. One stated
out of coverage as attachments are B30.52004 excludes digger derricks that a similar exclusion should apply to
added and removed. Excluding a crane and cranes manufactured specifically digger derricks used to auger holes and
when a robotic arm is attached would be for, or when used for, energized set poles in the telecommunication
inconsistent with that objective. electrical line service from the scope of industry. (ID0234.) Another contended
Moreover, as the preamble to the that industry consensus standard. that it would be inconsistent to exclude
proposed rule stated, even when a crane Digger derricks are a specialized type a digger derrick used to set an electric
is being used for a non-hoisting of equipment designed to install utility utility pole but not a
purpose, its hoisting capability is still poles. They are equipped with augers to telecommunications pole. (ID0129.1.)
present, and most of its operational drill holes for the poles and with a The same commenter also said that
characteristics and hazards remain the hydraulic boom to lift the poles and set digger derricks are used to set poles for
same while the attachment is in use. them in the holes. The booms can also outdoor lighting along roadways and
For those reasons, and those be used to lift objects other than poles, indicated that the exclusion should
explained in the preamble to the and electric utilities use them both to apply to such use. A commenter in the
proposed rule, paragraph (c)(1) is place objects on utility poles and for railroad industry said that the exclusion
promulgated as proposed (see 73 FR general lifting purposes at worksites should apply to digger derricks used in
59729, Oct. 9, 2008). such as utility substations. (ID0139.1.) the railroad industry to install utility
Proposed paragraph (c)(2) excluded Digger derricks have rated capacities as and communication signal poles.
power shovels, excavators, wheel high as 36,000 pounds. (ID0369.1.) (ID0176.1.)
loaders, backhoes, loader backhoes, and When electric utilities are finished with Certain commenters criticized the
track loaders. It provided that such them, they sell them to other description of the equipment in
machinery is also excluded when used construction companies. (ID0341.) proposed paragraph (c)(4), which
with chains, slings or other rigging to Since its promulgation in 1972, described the equipment subject to the
lift suspended loads. These types of subpart V (Power Transmission and exclusion as service trucks with
material handling machinery were Distribution) has excluded digger mobile-lifting devices designed
excluded even though, when used to lift derricks from certain requirements of specifically for use in the power line
suspended loads, they present hazards subpart N. CDAC considered whether and electric service industries, such as
similar to those associated with to continue special treatment of digger digger derricks (radial boom derricks).
equipment covered by the proposed derricks used in subpart V work and One objected to the limitation that the
rule. However, CDAC proposed to proposed to exclude digger derricks equipment be designed specifically for
exclude them because it determined that used in Subpart V work from the use in the power line and electric
the differences between the equipment standard to the extent they are used to service industries on the basis that
included in the standard and the auger holes and to handle associated employers should not be required to
material handling machinery that is materials to be installed on or removed show the purpose for which their
excluded are such that one standard from utility poles. CDAC determined equipment is designed. (ID0215.1.)
could not be readily designed to suit that such an exclusion was appropriate Another, a witness at the public hearing,
both. OSHA agrees. It should be noted because of the narrow, specialized stated that the term service truck used
that another construction standard, range of activities and circumstances in in the proposal has no commonly
understood meaning in the industry. designed to avoid inconsistencies utilities for general lifting work, such as
(ID0342.) between subpart V of the construction setting transformers in substations.
OSHA agrees with these commenters standards, which applies to power line Their use with utility poles falls
that the description of the excluded construction work, and 1910.269 (see within the narrow, specialized range of
machinery should be clarified and is 70 FR 34821, Jun. 15, 2005). Pending the activities and circumstances that led C
using the term digger derrick completion of that rulemaking, digger DAC to develop the proposed exclusion
exclusively to describe the equipment derricks excluded from this rule will be (see 73 FR 59729, Oct. 9, 2008). But
that is subject to the exclusion. The term subject to the same requirements when digger derricks are used for
digger derrick is well understood in regardless of whether they are used for general lifting purposes, the hazards are
the industry and is the only term used work subject to subpart V or work the same as when other equipment of
to describe the equipment by the ANSI subject to 1910.269. To ensure that similar capacity is used for general
standard applicable to such equipment, digger derricks excluded from this rule lifting, and the exclusion developed by
ANSI/ASSE A10.312006, Safety (Subpart CC) are subject to appropriate CDAC is not appropriate for such
Requirements, Definitions, and safety requirements, OSHA is including work. OSHA determines that an
Specifications for Digger Derricks. language in 1926.1400(c)(4), and is exclusion limited to augering holes,
Accordingly, OSHA concludes that amending subpart V, to explicitly state setting and removing poles from those
using digger derrick without reference that the activities from which digger holes, and handling associated material
to the purpose for which the equipment derricks are excluded from subpart CC to be installed on or removed from the
is designed or synonyms such as are subject to applicable provisions of poles will provide employees with an
service truck is the clearest way to 1910.269. Those rules include appropriate level of protection while
describe the exclusion. The Agency 1910.269(p) (mechanical equipment), accommodating the unique uses for
notes that despite its name, a digger 1910.269(a)(2) (training), and which digger derricks are designed. It
derrick is not a derrick as defined in 1910.269(l) (work on or near exposed will also minimize the practical
1926.1436(a). Thus, the additional energized parts). problems associated with equipment
requirements applicable to derricks in Similarly, digger derricks used in moving in and out of coverage at the
1926.1436 do not apply to digger general industry telecommunication same worksite.
derricks, and the exception from OSHA recognizes that excluding
work are subject to the general industry
operator certification requirements in digger derricks only when they are used
standard at 1910.268. Section
1926.1427(c) for derrick operators does for pole work would mean that the same
1910.268 includes requirements for
not apply to operators of digger derricks machinery might be excluded for some
working near energized power lines and
included within the scope of 1926 work but covered when it is used at
requirements pertaining to the operation
subpart CC. different worksites. However, the
of the equipment, such as the need to
OSHA also agrees with the majority of general lifting work done at those other
comply with manufacturer load ratings.
commenters who argued that the worksites would be subject to this
The requirements applicable to digger standard if done by other types of lifting
exclusion should be broadened so that
it encompasses all digger derrick work derricks under the general industry equipment, and the same standards
on electric utility poles. Digger derricks telecommunications standard should apply as apply to that
are specifically intended to be used for ( 1910.268) are comparable to those in equipment. OSHA concludes that
augering holes for utility poles, placing the general industry electric utility excluding digger derricks only for the
the poles in the holes (and removing standard ( 1910.269). Accordingly, to work for which they are primarily
them when necessary), and handling ensure that comparable safety designed and used is a reasonable
materials being installed on or removed requirements apply to digger derricks approach. It accommodates the
from the poles. Excluding all of these during pole work, OSHA is including considerations that led CDAC to
uses will minimize the incongruous language in final 1926.1400(c)(4) propose a partial exclusion while
result of having digger derricks move in stating that 1910.268 applies when treating digger derricks used for other
and out of coverage while they are being digger derricks are used in construction construction work the same as other,
used for their intended purposes at the work for telecommunication service. similar equipment used for such work.
same worksites. OSHA also agrees with Section 1910.268 includes requirements OSHA also declines to extend the
those commenters who argued that the for working near energized power lines exclusion broadly to installation of all
exclusion should encompass similar and requirements pertaining to the poles for outdoor lighting along
work on poles carrying operation of the equipment, such as the roadways, as one commenter suggested.
telecommunication lines, since the need to comply with manufacturer load OSHA notes that some poles that carry
rationale described above is equally ratings. electric and telecommunication lines
applicable. In addition, 1926.952(c)(2) is also also have street lights installed on them,
In addition, OSHA has drafted the being amended to conform subpart V to and use of digger derricks to install such
exclusion in the final rule so that it is 1926.1400(c)(4). lights would qualify for the exclusion to
based on the type of work done with the While OSHA agrees that the limited the extent that the employer complies
digger derrick, rather than the industry exclusion recommended by CDAC with either 1910.268 or 1910.269. It
classification of the employer should be broadened in this manner, the is unclear whether, and to what extent,
performing the work. For example, Agency does not agree that the digger derricks are used to install other
digger derricks used by a railroad to exclusion should encompass all uses of types of poles used for lighting alone
digger derricks in electric utility which do not carry electric power lines
install poles for telecommunication

lines would be excluded. construction work, as some commenters or telecommunication lines. Many such
When digger derricks are used in the suggested. Digger derricks are poles are installed on aboveground
operation and maintenance of existing specifically designed to be used to concrete bases rather than set in holes
electric power lines, they are subject to install and remove utility poles. in the ground, and it is unclear whether
the general industry standard at However, their lifting ability is not and to what extent digger derricks are
1910.269. OSHA is currently limited to utility poles, and the record used to install them. In this regard,
conducting another rulemaking shows that they are used by electric OSHA notes that the commenter asking
for the exclusion to be extended to light exclusion were received, and paragraph concludes that these forklifts warrant an
poles represents equipment (c)(7) is promulgated as proposed. exception from the scope of this subpart
manufacturers, and no company that Paragraph (c)(8) of the proposed rule CC because they do not utilize the
installs lighting poles suggested such an excluded powered industrial trucks components in the same manner as
exclusion. To the extent that some light (forklifts). CDAC proposed to exclude other equipment covered by this
pole installation would not be covered such machines because forklifts are standard. In contrast, a piece of
by either 1910.268 or 1910.269, mostly used in a manner that does not equipment covered by this standard
extending the exclusion to such work involve suspended loads and would manipulates suspended loads by
would leave the excluded work without often require different responses to the utilizing components such as winches,
coverage by an appropriate general hazards presented than are provided in booms, jibs, gantries, and trolleys.
industry standard and leave workers this standard. Outriggers and stabilizers are also often
without the protection they receive OSHA solicited public comment on needed to stabilize the equipment while
when performing electric utility or whether the scope language should be hoisting a load.
telecommunication work. modified to explicitly state that forklifts Third, OSHA is revising paragraph
OSHA disagrees with the comment modified to perform tasks similar to (c)(8) to clarify that the forklift
that digger derricks should not be cranes are covered. Two commenters exclusion applies only to forklifts that
excluded at all because of the danger of stated that the inclusion in paragraph (a) do not meet the definition of multi-
power line contact. As discussed above, of this section of multi-purpose purpose machines covered under
the digger derrick exclusion is limited to machines when configured to hoist and subpart CC (those that are configured to
situations in which certain general lower by means of a winch or hook hoist and lower (by means of a winch
industry standards apply, and those would include forklifts that are or hook) and horizontally move a
general industry standards, both modified to perform tasks similar to a suspended load). This standard covers
1910.268 and 1910.269, contain crane. (ID0205.1; 0213.1.) Several multi-purpose machines because they
requirements for protecting against other commenters argued that forklifts are configured with the above-
power line contact. should be excluded even if they are mentioned components (winches,
Proposed paragraph (c)(5) specifically configured to perform tasks similar to booms, jibs, gantries, trolleys,
excludes machinery originally designed cranes and suggested adding specific stabilizers, etc.), even though they also
as vehicle mounted aerial lifts and self- language to that effect. (ID0187.1; have a dual function. OSHA recognizes
propelled elevating work platforms. The 0231.1; 0232.1) These commenters that a powered industrial truck could be
language of this provision reflects C noted that forklifts are regulated under modified so that it would qualify as a
DACs intent to differentiate between a different section, 1926.602(c), and multi-purpose machine, such as by
equipment with an attachment such as believed that 1926.602(c) was better adding an after-market boom and hook
a personnel platform pinned to the suited to the hazards presented by such attachment in addition to the fork
boom, which is within the scope of the equipment than this standard. One attachment. It is the Agencys intent that
proposed rule, and machinery originally commenter stated that the challenges forklifts that are capable of multiple
designed to be configured only as an facing modified forklift operators are configurations are treated as multi-
aerial lift, which is excluded. Another fundamentally different from the purpose machines and excluded from
standard, 1926.453, addresses aerial challenges facing crane operators, thus coverage of subpart CC only as set forth
lifts. The only comments to address this the standards regulating them should in 1926.1400(a). A forklift with a boom
exclusion supported retaining it. also be fundamentally different. attachment affixed to its forks that uses
(ID0129.1; 0312.1.) Accordingly, (ID0231.1.) a hook to raise and lower the load like
paragraph (c)(5) is promulgated as The comments submitted on this a crane would be covered by subpart
proposed. issue highlight the need for greater CC. However, as noted in the preamble
Proposed paragraph (c)(6) excluded clarity. This standard applies to to the proposed rule, a forklift would be
telescopic/hydraulic gantry systems. C equipment that can hoist, lower and excluded from the coverage of subpart
DAC excluded this machinery because it horizontally move a suspended load. CC when its sole means of suspending
presents hazards that differ in many First, as a preliminary matter, the a load is a chain wrapped around the
respects from those presented by the standard does not apply to forklifts used forks.
equipment covered by this standard. As exclusively in their most traditional Proposed paragraph (c)(9) excluded
a result, many provisions of this form: placing the forks underneath a mechanics trucks with hoisting devices
standard would not be workable or load and using the forks to lift or lower when used in activities related to
needed for this equipment, and hazards the load. With a suspended load, the equipment maintenance and repair. One
unique to this type of machinery would forks (or modified lifting device) would commenter stated that similar trucks are
not be addressed. In the proposed rule, be above the load. used in the power line industry for tasks
OSHA noted that the Specialized Second, OSHA has included such as installing transformers and
Carriers & Rigging Foundation recently paragraph (c)(8) to exclude forklifts suggested that such equipment should
issued a voluntary consensus standard when used to suspend a load from its also be excluded. (ID0144.1.) However,
for telescopic/hydraulic gantry systems. forks. OSHA recognized that a forklift as explained in the proposed rule, this
(73 FR 59730, Oct. 9, 2008; ID0027.) As could technically meet the criteria of provision was not intended to exclude
no comments on this exclusion were subpart CC coverage whenever it is used mechanics trucks when used to hoist
received, paragraph (c)(6) is to suspend a load from its forks (such materials during construction work but
as by hanging the load from a chain
promulgated as proposed. only to provide a limited exception

Under proposed paragraph (c)(7), wrapped around the forks), hoist it when they are used for equipment
stacker cranes were excluded. CDAC vertically by raising or lowering the maintenance and repair activities. Their
noted that these cranes are rarely used forks, and move the load horizontally by use in this manner is similar to the way
in construction, and their configuration moving the entire forklift. Under such a automotive wreckers and tow trucks,
is too unlike other equipment covered scenario the forks are used as the which are excluded under paragraph
by the proposed standard to warrant primary support for a load suspended (c)(3) of this section, are used. OSHA
inclusion. No comments on this directly from the forks, but OSHA determines that this exclusion should be
limited in the manner stated in the construction (ID0172.1). The latter Paragraph (c)(17) Delivery of Material to
proposed rule, and paragraph (c)(9) is commenter stated that tree trimming Construction Sites
promulgated as proposed. related to construction is particularly It is common for material that is to be
In proposed paragraph (c)(10), dangerous because the weight of the used in construction work to be
machinery that hoists by using a come- pick is uncertain and the ground delivered to the construction site on a
a-long or chainfall was excluded for the conditions to support the equipment truck equipped with a lifting attachment
reasons explained in the preamble to the may be inadequate. that is used either to place the materials
proposed rule (see 73 FR 59730, Oct. 9, CDAC agreed to exclude tree on the ground or to place them on the
2008). No comments were received on trimming and removal because the vast structure. For example, articulating/
this provision, and it is promulgated as majority of the tree care industrys work knuckle-boom truck cranes are often
proposed. does not take place in construction and
Proposed paragraph (c)(11) excluded used to deliver bundles of drywall to the
is therefore governed by general site and then move the bundles from the
dedicated drilling rigs. This exclusion industry standards. OSHA continues to
received substantial attention during the truck up to a floor of the building under
agree that this is a valid reason for the construction. To the extent these cranes
CDAC negotiations and was discussed exclusion. OSHA is promulgating
at length in the proposed rule (see 73 FR are used in construction work, they
paragraph (c)(13) as proposed. fall within the scope of this final rule as
59730, Oct. 9, 2008). OSHA requested Proposed paragraph (c)(14) excluded
public comment on issues related to this defined in 1926.1400(a).
anchor handling with a vessel or barge OSHA has long taken the view that an
exclusion. No written comments were using an affixed A-frame. Two
submitted but, in testimony at the employer who delivers materials to a
commenters suggested that the vessels construction site is not engaged in
public hearing, a trade association to which this paragraph pertains should
supported the proposed exclusion. (ID construction work if that employers
be excluded even when used for work once at the site is limited to
0341.) Accordingly, paragraph (c)(11) is purposes other than anchor handling to
promulgated as proposed. simply placing/stacking the materials on
avoid having the vessels move in and the ground. OSHA requested comment
Proposed paragraph (c)(12) excluded
out of coverage depending on how they from the public on whether the final
gin poles when used for the erection of
are used. (ID0376.1; 0383.1.) These rule should include an explicit
communication towers. (See discussion
at 73 FR 59730, Oct. 9, 2008). A commenters stated that such vessels are exclusion to this effect (see 73 FR
commenter stated that this exclusion sometimes used for dredging operations 59731, Oct. 9, 2008).
should be extended to also cover gin and suggested rewording the exclusion Most commenters on this issue
poles used to erect electrical to state: Anchor handling or dredge favored such an exclusion to clarify that
transmission towers and lines, but gave related operations with a vessel or barge such equipment was not being used in
no supporting rationale or information. using an affixed A-frame. construction. (ID0145.1; 0147.1;
(ID0209.1.) OSHA is adopting these commenters 0165.1; 0184.1; 0206.1; 0218.1;
The use of gin poles for erecting suggestion and their recommended 0232.1; 0233.1; 0235.1; 0299.1.)
communications towers is highly wording of paragraph (c)(14). As Certain commenters expressed the view
specialized; the communication tower explained in the proposed rule, CDAC that any such exclusion should also
industry has developed a detailed agreed to the exclusion in proposed extend to delivery of materials onto
consensus standard that specifically paragraph (c)(14) because its Cranes on structures at the construction site
addresses their use in that application.5 Barges Work Group concluded that the because, in their view, this was also not
However, the Agency is unaware of a requirements of this rule could not a construction activity. (E.g., ID 0184.1;
similar degree of specialization and readily be applied to the specialized 0233.1; 0235.1.) Some of these
development of safe practices for gin equipment listed in the exclusion. That commenters represented employers who
poles used for erecting electrical rationale favors the broader exclusion deliver building materials such as
transmission towers. Accordingly, recommended by the commenters. lumber, drywall, and roofing materials.
OSHA lacks a basis for extending the Proposed paragraph (c)(15) excluded (See, e.g., ID0184.1; 0233.1.) Others
exclusion to work other than that roustabouts because CDAC concluded represented employers in the heating,
covered in proposed paragraph (c)(12); that the proposed standard was ventilation, air conditioning, and
paragraph (c)(12) is promulgated as similarly unsuited to address these refrigeration (HVACR) industry. (ID
proposed with the addition of the word devices (see 73 FR 59731, Oct. 9, 2008). 0165.1; 0235.1.) Several of the
when before used to clarify that the No commenters addressed this issue, commenters pointed to the operator
exclusion does not apply when gin and paragraph (c)(15) is promulgated as training and/or certification
poles previously used to erect proposed. requirements in 1926.1427 of the
communication towers are used for Paragraph (c)(16) excludes helicopter proposed rule as particularly
other purposes. cranes. Such cranes are regulated under burdensome given the distinctions
Proposed paragraph (c)(13) excluded 1926.551 of subpart N, which is not between delivery activities and what
tree trimming and tree removal work affected by this final rule and continues they characterized as the more complex
from the scope of the proposed rule. in effect. CDAC and OSHA did not activities typically associated with the
One commenter favored the exclusion intend to cover helicopter cranes under equipment covered by the proposed
as written (ID0040.1), but another this subpart. However, such cranes fit rule. (ID0165.1; 0184.1; 0218.1;
suggested limiting the exclusion to tree the description in 1926.1400(a) of the 0231.1; 0233.1; 0235.1.)
equipment covered by this rule in that OSHA notes some commenter
trimming performed for maintenance

and including tree trimming related to they are power-operated equipment that confusion regarding instances when the
can hoist, lower, and horizontally move construction materials are not delivered
5 See ANSI/TIA1019 (2004), Structural a suspended load. To avoid any to the curb or a stockyard but instead to
Standards for Steel Gin Poles Used for Installation uncertainty over whether they are a designated area on the construction
of Antenna Towers and Antenna Supporting
Structures, which contains detailed provisions for
subject to this rule or to 1926.551, site where the materials are staged/
installing and using gin poles to erect OSHA is explicitly excluding them from organized to facilitate hoisting activities.
communication towers. this rule through paragraph (c)(16). In these scenarios, OSHA construction
standards apply. See, e.g., Letter to placing of such bundles (see cranes are equipped with automatic
Johnson (2/6/08) (stacking of materials), 1926.754(e)(1)). safety systems that detect whether the
Letter to Reynolds (1/5/01) (delivery of Sometimes cranes and derricks are crane is close to being overloaded and
materials onto structure). When hoisting used to place an item in a specific automatically prevent such overloading.
equipment is used to arrange the location for immediate attachment. For (ID0341; 0380.1; 0381.1.)
materials in a particular sequence for example, cranes are typically used to The representative described a test on
hoisting or to lift materials onto a precisely place steel columns on a crane with a load of 2,900 pounds and
structure that is under construction, it is concrete footings, which involves a maximum extension of 78 feet, 11
being used to expedite work that is aligning holes at the columns base with inches, and said that the automatic
integral to the construction process and anchor rods/bolts in the footing so that device preventing the boom from
is, therefore, construction work. the column can be secured to the extending beyond its maximum safe
However, to remain consistent with footing. In building and bridge length for that load and angle of 46 feet.
existing compliance guidance, this final construction, cranes are often used to (ID0341.) Thus, with a load that is
rule states that when lifting equipment precisely place precast concrete typical of the loads that are often
is used solely to deliver building supply members so that workers can attach delivered, the hazard of the crane
materials from a supplier to a them to other precast members (or collapsing exists with the boom at far
construction site by placing/stacking the sometimes to a structural steel frame). less than its maximum possible
materials on the ground, without Cranes are also used to place precast extension. Another representative of the
arranging the materials in a particular concrete components so that other items material delivery industry, also noted
sequence for hoisting, OSHA does not can be connected to them. For example, the presence of such devices on the
regard the delivery process as a in utility and sewer construction, equipment used by its members and,
construction activity. OSHA believes precast concrete manholes or vaults are while it asked for such equipment to be
that this limited and conditional placed for proper alignment with utility exempt completely from this rule,
exclusion will exclude this equipment pipes; in residential construction, alternatively suggested an exemption for
when used to perform such deliveries precast concrete septic systems are equipment with such devices installed.
and address the concerns of commenters placed for proper location in an (ID0184.1.)
who only deliver construction materials excavation. Clearly, such movement and OSHA is, to a large extent, adopting
to the ground. placement of material by cranes and the commenters suggestion. The
Construction typically consists of a derricks is integral to the construction overloading and subsequent collapse of
process of assembling and attaching (or process, and the fact that this may be cranes is one of the primary hazards this
in some cases, disassembling) a vast done by the vehicle that delivered the final rule seeks to address. The trade
variety of materials to form a building material to the site does not make it a association witnesss testimony shows
or other structure.6 In building non-construction activity. that the potential for collapse is present
construction, those materials typically Cranes are also commonly used to when articulating/knuckle-boom cranes
include small, individual items (a few hoist building materials onto a structure are used to deliver materials onto a
examples include: nails, lumber, pipes, for subsequent use. Although this is also structure. The industry has, however,
duct work sections, electrical items, a construction activity,7 OSHA addressed this hazard by equipping
sheet goods), large individual items (a determines that a limited exclusion for such cranes with automatic overload
few examples include: structural steel or articulating/knuckle-boom truck cranes prevention devices. Therefore, OSHA is
precast concrete columns and beams), used for such work is appropriate to excluding articulating/knuckle-boom
and prefabricated structural and minimize having this equipment move cranes used to deliver materials onto a
building system components (a few in and out of coverage of this rule. structure from the final rule, but only
examples include: roof trusses, precast The record shows that articulating/ when the cranes are equipped with
concrete wall sections, and building knuckle-boom truck cranes are often properly functioning automatic overload
machinery such as boilers, pumps, and used to deliver sheet goods (e.g., prevention devices. Without such a
air handling equipment). All of these drywall), or packaged materials (e.g., device, the crane is subject to all
items must be delivered to the jobsite roofing shingles) to construction sites provisions of this final rule. It should be
and unloaded from the vehicle and that it is common for the delivery noted that electrical contact with power
delivering them before they can be used to be made onto the structure. lines is another serious hazard covered
in the building or structure. Delivering material to a structure can by the final rule. The limited exemption
CDAC indicated that to facilitate the pose a hazard that is typically not for articulating/knuckle-boom cranes
assembling or attaching of such items, present when material is placed on the used for certain construction operations
cranes and derricks are often used to ground: when the boom is extended, as also exempts this equipment from the
hoist and hold, support, stabilize, when lifting the material to an upper requirements for operations near power
maneuver, or place them. Sometimes floor, the possibility of exceeding the lines contained in the final rule. When
they are used to place items in a cranes rated capacity, with the resultant performing an exempt operation, this
convenient location for subsequent use. possibility of boom collapse and crane equipment (like must of the other
For example, they are often used to tipover, is present. A representative of a exempt equipment and operations) will
place a bundle of steel decking sheets material delivery trade association be covered by revised 1926.600(a)(6).
onto the structure for later shaking out testified that articulating/knuckle-boom OSHA is limiting this exclusion to the
(i.e., after being landed on the structure, delivery of sheet goods and packaged
7 Moving building materials onto a structure for
materials including, but not limited to:
workers break the bundle and subsequent use is an integral part of the
distribute the decking sheets for sheets of sheet rock, sheets of plywood,
construction process. This is the case whether the
subsequent attachment). One of OSHAs materials are brought onto the structure by hand, bags of cement, sheets or packages of
construction standards contains specific with the aid of a crane after the materials had been roofing shingles, and rolls of roofing
previously delivered to the ground, or by the same felt. The placement of other materials on
requirements related to the landing and equipment that brought them to the site. See e.g.,
January 5, 2001, Letter of Interpretation to Mr. Jeff
a structure under construction is the
6 Construction also includes the deconstruction or Reynolds, Division Safety Manager Pacific Supply, type of core construction activity this
demolition of a portion, or all, of a structure. available at http://www.osha.gov. rule seeks to address, and excluding the
hoisting and movement of other types of concrete pipe. (ID0299.1) This boom truck crane that delivers material
materials, such as precast concrete commenter stated that their portion of to a site when it is used to transfer
members, prefabricated building the precast concrete industry solely building supply sheet goods or building
sections, or structural steel members, delivers materials to a construction site, supply packaged materials from it onto
would severely reduce the rules and believed that they simply supply a structure, using a fork/cradle at the
effectiveness. Moreover, equipment materials for a construction project but end of the boom. This provision
used to lift these types of materials on are not involved in actual construction. conditions this exclusion on the truck
construction sites is rarely, if ever, used (ID0299.1) crane being equipped with a properly
for non-construction activities on those OSHA agrees that in circumstances functioning automatic overload
sites and does not often present the where the equipment is used solely to prevention device and lists examples of
problem of equipment moving in and deliver these types of concrete materials the sheet goods or packaged materials
out of coverage when used for different from a supplier to a construction site by that qualify for the exclusion, stating
activities. placing/stacking the materials from the that these include, but are not limited
OSHA is also limiting the exclusion delivery vehicle to the ground in, for to: sheets of sheet rock, sheets of
by making it clear that it does not apply example, a storage or staging area, plywood, bags of cement, sheets or
when the crane is used to hold, support without arranging the materials in a packages of roofing shingles, and rolls of
or stabilize the material to facilitate a particular sequence for subsequent roofing felt. These are typical building
construction activity, such as holding hoisting, the equipment is not being supply materials that pose a reduced
material in place while it is attached to used for a construction activity. risk of falling when being lifted by the
the structure. For example, while However, if the equipment is used to truck crane because of their
placing a package of shingles onto the hoist, hold, support, stabilize or place configuration and/or packaging, and
roof of a structure would fall within the precast concrete material as part of the because the truck crane was designed to
exemption, suspending the shingles in installation process, it is engaged in a safely handle this type of material.
the air and moving them to follow the construction activity and would be Any delivery activities not excluded
progress of the roofer would not. When subject to this rule. For example, a under paragraphs (c)(17)(i) and (ii) are
the crane is being used to facilitate the truck-mounted articulating crane may subject to the standard. However, to
construction activity, it has exceeded be used to maneuver a precast avoid any possible ambiguity on this
the delivery of goods and is therefore component such as a vault or concrete point, OSHA has included paragraph
engaged in a process that is more pipe from the truck to its installation (c)(17)(iii). Paragraphs (c)(17)(iii)(A)(C)
complex than the scenarios addressed point in an excavation. As previously list explicit activities for which the
by the commenters who supported an discussed, such use is a typical exclusion does not apply. Paragraph
exclusion for materials delivery. OSHA construction activity. (c)(17)(iii)(D) is included to avoid any
is also concerned that exempting this To summarize, when a delivery possible implication that paragraphs
activity would provide an incentive for vehicle is used solely to deliver building (c)(17)(iii)(A)(C) represent an exclusive
employers to use materials delivery supply materials from a supplier to a list of delivery activities that are subject
cranes for other purposes, thereby construction site by placing/stacking the to the final rule.
undermining the rationale for the materials on the ground, without
materials delivery exclusion. arranging the materials in a particular Paragraph (d)
In particular, OSHA declines to sequence for hoisting, the equipment is Paragraph (d) of this section is
exclude the handling of HVACR units, not being used for a construction included because there are some types
as some commenters urged. Using a activity and is not subject to this rule. of equipment for which only limited
crane to deliver HVACR equipment is When an articulating/knuckle-boom requirements apply, and others where
an example of using a crane to hoist and truck crane that brings material to a site there are special requirements that
position a component of the buildings is used to transfer building supply sheet supplement, rather than displace, the
mechanical systems, which is an goods or building supply packaged other requirements in the rule. To avoid
integral part of the construction process. materials from the vehicle onto a confusion, this paragraph establishes
According to one industry commenter, structure, the activity is a construction that all parts of the rule apply unless a
during a typical installation of a large activity but the crane is excluded from provision specifically identifies other
commercial rooftop HVACR unit, a this rule if it is equipped with a parts of the rule as inapplicable, or
mobile crane delivers the equipment to properly functioning automatic overload identifies the only provisions of the
its intended location on the roof, where prevention device and satisfies the other standard that are applicable. No
an HVACR technician connects the requirements of the exception in comments were received on this
equipment to the ventilation system. 1926.1400(c)(17). All other equipment paragraph, and it is promulgated as
(ID0165.1) Thus, unlike sheet goods that falls under 1926.1400(a) is subject proposed except that subpart CC
and packaged materials, which are not to this rule when delivering materials replaces the phrase this standard from
placed in their location of final use by onto a structure. the proposed rule.
the delivery vehicle, delivery of HVACR OSHA is including in the final rule a
equipment may be integral to its new 1926.1400(c)(17) to clarify the Paragraph (e)
installation. Like the hoisting and circumstances under which material Proposed paragraph (e) of this section
movement of other building delivery is subject to the rule. Paragraph provided that the duties of controlling
components, use of cranes and derricks (c)(17)(i) excludes from the scope of this entities 8 are not limited to the duties
to move HVACR equipment falls standard an articulating/knuckle-boom specified in 1926.1402(c),

squarely within this rule. truck crane that delivers material to a 1926.1402(e) and 1926.1424(b). The
OSHA also received a comment from construction site when it is used to paragraphs referenced in this provision
a representative of the precast concrete transfer materials from it to the ground, listed specific duties imposed on
industry requesting the exclusion of without arranging the materials in a controlling entities under this rule.
equipment used to deliver materials particular sequence for hoisting.
such as concrete manholes, septic tanks, Paragraph (c)(17)(ii) contains the 8 The definition of controlling entity is
burial vaults, concrete block, and exclusion for an articulating/knuckle- explained in the discussion of 1926.1402(c).
Paragraph (e) was included to avoid any the option of complying with for this subpart. OSHA disagrees with
implication that the listing of certain 1910.269(p) in lieu of the requirements the commenters position that the
duties placed on controlling entities by in 1926.14071926.1411 of this final definition must match consensus
this rule displaces the duties placed on rule. This decision has been codified in standards. OSHA established definitions
them under OSHAs multi-employer paragraph (g) of this section and a note that would work in the framework of the
policy. referencing this new paragraph has been equipment covered by this subpart,
Several commenters questioned added to 1926.952(c)(3). would coordinate with other OSHA
OSHAs authority to enforce its multi- standards and provide a foundation for
employer policy against controlling Paragraph (h)
enforcing the requirements of this
entities as well as the provisions in the Paragraph (h) notes that 1926.1402, subpart. As a result, OSHA is not
proposed rule that would impose Ground conditions, does not apply to making modifications to definitions
specific duties on controlling entities. cranes used on railroad tracks that are based on this commenters request.
(ID0166.1; 0197.1; 0214.1; 0232.1.) part of a general railroad system that is A few definitions in this final rule
OSHA explained in detail in the regulated by the Federal Railroad have been modified from or added to
proposed rule why it has such authority Administration. OSHA added paragraph those in the proposed rule. Those
(see 73 FR 5973159733, Oct. 9, 2008). (h) to this section of the final rule to aid definitions are: A/D director; Assembly/
Paragraph (e) is promulgated as the public in finding this exception. Disassembly; Builder; Controlling
proposed. (See discussion of this provision at entity; Digger derrick; Duty cycle;
Paragraph (f) 1926.1402(f).) Freeboard; Hoist; Load moment (or rated
capacity) indicator; Load moment (or
Paragraph (f) requires that where a Section 1926.1401 Definitions
rated capacity) limiter; Nationally
provision in the rule directs an operator, OSHA includes a number of recognized accrediting agency;
crewmember or other employee to take definitions to clarify the meaning of Positioning device system; Range
a specified action, it is the employers terms used in this subpart. Many of the control limit device; Repetitive lift;
responsibility to establish work rules to defined terms are commonly used in the Tower crane; Type; Upperworks; and
require the relevant employees to take industry, and CDAC in most instances Wire rope.
that action, and to effectively
relied on standard industry sources or The reasons for these additions or
communicate and enforce those work
its own understanding of how terms are modifications are discussed in the
rules. This paragraph clarifies the
used in the industry to help ensure that preamble at the location indicated in
employers obligations with regard to
the definitions would be readily Table 5 below, with the exception of the
such provisions. No comments on this
understood by employers and definition for hoist, which is discussed
paragraph were received, and it is being
employees. Industry sources on which below.
promulgated as proposed with only a
CDAC relied include existing OSHA OSHA received one comment on the
minor grammatical correction.9
standards, consensus standards, and A definition of hoist in the proposed
Paragraph (g) Glossary of Common Crane and Rigging rule. (ID0122.0.) This commenter
Some commenters requested that Terms (Specialized Carriers and expressed concern that the proposed
OSHA provide a complete exemption Rigging Foundation 1997) (SC&RF definition would exclude hoists that
from subpart CC for subpart V work. As Handbook) (ID0019.). OSHA includes utilized wire rope or chains. To address
discussed in 1926.1410(k), OSHA has other definitions to ensure that certain this concern, OSHA modified the
addressed their concerns through terms used in the proposed standard definition of hoist in the final rule to
exclusions from specific requirements of have a precise, unambiguous meaning. refer to a line rather than rope. The
the rule. One commenter noted that definitions use of the more general term line is
Most employers engaged in as proposed were not identical to those intended to refer to any material (e.g.,
construction work under subpart V are in certain consensus standards and rope, wire rope, chain, etc.) used to
also engaged in general industry work requested they be changed to match. connect the hoist to that which is being
under 1910.269, which covers the (ID0178.1.) The commenter cited to hoisted.
operation and maintenance of electric various consensus standards, including Definitions that did not receive
power generation, transmission, and ANSI A10.312006, ANSI A10.281998, comment are adopted for the reasons set
distribution installations. The ANSI A10.331998, and ANSI Z359.0 forth in the preamble of the proposed
requirements for mechanical equipment 2007. The commenter did not explain rule (see 73 FR 5973359739, Oct. 9,
in 1910.269(p) are at least as protective why the definitions as proposed were 2008).
as the requirements in 1926.1407 inappropriate nor how the change The preamble location for discussion
1926.1411 of subpart CC. Therefore, would improve safety. As noted above, of all definitions provided in
OSHA determines it is appropriate to consensus standards were utilized as a 1926.1401 can be found in Table 5
give employers doing subpart V work resource in developing the definitions below.
TABLE 5INDEX OF DEFINED TERMS

Location of preamble Location of preamble
Term Term
discussion discussion
A/D director .............................................. 1926.1404(a) ................... Load ........................................................ 1926.1401

Articulating crane ...................................... 1926.1401 ........................ Load moment (or rated capacity) indi- 1926.1416(e)(4)
cator.
Assembly/Disassembly ............................. 1926.1403 ........................ Load moment (or rated capacity) limiter 1926.1416(e)(4)
Assist crane .............................................. 1926.1404(h)(4) ............... Locomotive crane ................................... 1926.1401
9 For clarity, OSHA is substituting references to rule to remove any implication that the sentence is
shall in the proposed rule with must in this final descriptive, rather than imperative.
TABLE 5INDEX OF DEFINED TERMSContinued

Location of preamble Location of preamble
Term Term
discussion discussion
Attachments .............................................. 1926.1400(b)(2) ............... Luffing jib limiting device ........................ 1926.1416(d)(2)
Audible signal ........................................... 1926.1419(b) ................... Marine hoisted personnel transfer device 1926.1431(b)(2)(iii)
Blocking .................................................... 1926.1404(h)(2) ............... Marine worksite ....................................... 1926.1431(b)(2)(iii)
Boatswains chair ..................................... 1926.1431(o) ................... Mobile cranes ......................................... 1926.1401
Bogie ........................................................ 1926.1435 ........................ Moving point-to-point .............................. 1926.1423(e)(1)
Boom (equipment other than tower 1926.1401 ........................ Multi-purpose machine ........................... 1926.1400(a)
crane).
Boom (tower cranes) ................................ 1926.1435(e)(5)(ii) ........... Nationally recognized accrediting agen- 1926.1427(b)(1)(i)
cy.
Boom angle indicator ............................... 1926.1416(d)(1)(i)(A) ....... Non-conductive ....................................... 1926.1407(b)(2)
Boom hoist limiting device ....................... 1926.1416(d)(1) ............... Operational aids ...................................... 1926.1416
Boom length indicator .............................. 1926.1416(e)(3) ............... Operational controls ................................ 1926.1417(b)(2)
Boom stop ................................................ 1926.1416(a)(2) ............... Operator .................................................. 1926.1401
Boom suspension systems ...................... 1926.1404(h)(7) ............... Overhead and gantry cranes .................. 1926.1438
Builder ...................................................... 1926.1436(c) .................... Paragraph ............................................... 1926.1401
Center of gravity ....................................... 1926.1404(h)(6) ............... Pendants ................................................. 1926.1404(h)(8)
Certified welder ........................................ 1926.1431(e)(5) ............... Personal fall arrest system ..................... 1926.1423(g)
Climbing .................................................... 1926.1435(b)(7) ............... Portal cranes ........................................... 1926.1415(a)(1)
Come-a-long ............................................. 1926.1400(c)(10) ............. Positioning device system ...................... 1926.1423
Competent person .................................... 1926.1401 ........................ Power lines ............................................. 1926.14071411
Controlled load lowering ........................... 1926.1426(d) ................... Procedures .............................................. 1926.1401
Controlling entity ....................................... 1926.1402(c) .................... Proximity alarm ....................................... 1926.1407(b)(3)
Counterweight .......................................... 1926.1404(h)(9) ............... Qualified evaluator (not a third party) ..... 1926.1428(a)(2)
Crane/derrick ............................................ 1926.1400 ........................ Qualified evaluator (third party) .............. 1926.1428(a)(2)
Crawler crane ........................................... 1926.1401 ........................ Qualified person ...................................... 1926.1401
Crossover points ...................................... 1926.1413(a)(3)(iii) .......... Qualified rigger ....................................... 1926.1425(c)(3)
Dedicated channel .................................... 1926.1420(b) ................... Range control limit device ...................... 1926.1408(a)
Dedicated pile-driver ................................ 1926.1439(a) ................... Range control warning device ................ 1926.1407(a)(3)
Dedicated spotter (power lines) ............... 1926.1407(b) ................... Rated capacity ........................................ 1926.1401
Digger derrick ........................................... 1926.1400(c)(4) ............... Rated capacity indicator ......................... 1926.1416(e)(4)
Directly under the load ............................. 1926.1425(e)(1) ............... Rated capacity limiter ............................. 1926.1416(e)(4)
Dismantling ............................................... 1926.1405 ........................ Repetitive lift ........................................... 1926.1414(e)(2)
Drum rotation indicator ............................. 1926.1416(e)(5)(ii) ........... Repetitive pickup points .......................... 1926.1413(a)(3)(iii)
Duty cycle ................................................. 1926.1414(e)(2) ............... Running wire rope .................................. 1926.1413(a)(2)(ii)(A)
Electrical contact ...................................... 1926.14071411 .............. Runway ................................................... 1926.1431(k)(12)(ii)(A)
Employer-made equipment ...................... 1926.1437(m)(4) .............. Section .................................................... 1926.1401
Encroachment .......................................... 1926.14071411 .............. Side-boom crane .................................... 1926.1440
Equipment ................................................ 1926.1400 ........................ Special hazard warnings ........................ 1926.1417(c)(1)
Equipment criteria .................................... 1926.1412(b)(1)(i) ............ Stability (flotation device) ........................ 1926.1437(m)
Fall protection equipment ......................... 1926.1423(e) ................... Standard Method .................................... 1926.1419(c)
Fall restraint system ................................. 1926.1423(d)(e), (g) ...... Such as ................................................... 1926.1401
Fall zone ................................................... 1926.1425(b) ................... Superstructure ........................................ 1926.1424(a)(1)
Flange points ............................................ 1926.1413(a)(3)(iii) .......... Tag line ................................................... 1926.1407(b)(2)
Floating cranes/derricks ........................... 1926.1437 ........................ Tender ..................................................... 1926.1437(j)(3)
For example ............................................. 1926.1401 ........................ Tilt-up or tilt down operation ................... 1926.1425(e)
Free fall (of the load line) ......................... 1926.1426(d) ................... Tower crane ............................................ 1926.1401
Free surface effect ................................... 1926.1437(m)(5)(ii) .......... Travel bogie (tower cranes) .................... 1926.1435(d)(2)(iv)
Freeboard ................................................. 1926.1437(m)(2) .............. Trim ......................................................... 1926.1437(e)(1)
Hoist ......................................................... 1926.1401 ........................ Two blocking ........................................... 1926.1416(d)(3)
Hoisting ..................................................... 1926.1401 ........................ Type ........................................................ 1926.1427(b)(1)(ii)(B)
Include/including ....................................... 1926.1401 ........................ Unavailable procedures .......................... 1926.1417(b)
Insulating link/device ................................ 1926.1408(b)(4)(v) ........... Up to ....................................................... 1926.1401
Jib stop ..................................................... 1926.1415(a)(3) ............... Upperstructure ........................................ 1926.1424(a)(1)
Land crane/derrick .................................... 1926.1437 ........................ Upperworks ............................................. 1926.1424(a)(1)
List ............................................................ 1926.1437(e)(1) ............... Wire rope ................................................ 1926.1413
Section 1926.1402 Ground Conditions (1) Equipment is commonly brought on problems so that ground conditions will
site by a subcontractor, who typically be made sufficient for safe equipment
The Committee determined that the has neither control over ground operations.
failure to have adequate ground conditions nor knowledge of hidden
conditions is a significant crane safety One commenter asserted that, with
hazards, and (2) the entity that usually respect to digger derricks, the ground
problem. Adequate ground conditions
does have such authoritythe conditions provision should be
are essential for safe equipment
controlling entitymay not have the changed. In particular, the commenter
operations because the equipments
expertise to know what changes are stated that the Committee should
capacity and stability depend on such
needed to make the ground conditions incorporate by reference secs. 7 through
conditions being present. In the
Committees view, there are two key suitable for equipment operations. This 10 of ANSI/ASSE A10.312006, Safety
problems regarding ground conditions: section is designed to address these Requirements, Definitions, and
Specifications for Digger Derricks; sufficiently firm to provide adequate because insufficient care was taken to
American National Standard for support for the equipment. The section ensure that the ground under the crane
Construction and Demolition as proposed therefore addresses this was firm and that the cranes outriggers
Operations. (ID0178.1.) In addition, the hazard. were properly supported. (ID0017.13.)
commenter asserted that the ANSI/ Conditions that enhance the chance of
Paragraph (a) Definitions
ASSE standard addresses worksite such accidents include ground that is
selection that is clearer than what Paragraph (a) provides definitions of wet or muddy, poorly graded, or that is
OSHA has proposed. For example, the key terms used in this section. The term loose fill (or otherwise disturbed soil)
proposed rule does not recognize the ground conditions is defined as the that has not been compacted. The
danger that ditches can have on ability of the ground to support the Committee determined that requiring
placement, which is a common equipment (including slope, compaction adequate ground conditions will
occurrence. and firmness). The Committee prevent many of these accidents. The
OSHA first notes that these determined that slope, compaction and exception for marshes and wetlands is
suggestions apply only to digger firmness are the key factors that are included because the Committee was
derricks and thus interprets the involved in the ability of the ground to aware that, in many instances, the
comment as a recommendation that support the equipment. draining of marshes/wetlands is
digger derricks be treated differently Supporting materials is defined as prohibited or restricted by
than other equipment under meaning blocking, mats, cribbing, marsh environmental laws and there are
1926.1402. As we noted in the buggies (in marshes/wetlands), or devices available (such as marsh
preamble to the proposed rule, the similar supporting materials or devices. buggies) that are designed to provide
Committee determined that the failure Such materials typically help to adequate support to cranes in such
to have adequate ground conditions is a distribute the load of the crane over a areas.
significant safety problem. The broad area and/or assist in leveling the
Committees determination that this equipment. The list in the definition of One commenter suggested that the
safety problem exists for various types examples of such materials is term level could be confusing and
of equipment is underscored by the nonexclusiveit includes similar suggested that it be defined as less than
application of 1926.1402 to nearly all materials and devices that would serve one degree of grade change or as
equipment covered by this subpart. In the same purpose(s). required by the manufacturer. (ID
addition, where the Committee intended The one comment that was received 0178.1.) OSHA finds this comment
for certain equipment to be exempted that referenced this provision is unpersuasive. The suggested language is
from 1926.1402, it indicated that addressed in the discussion below of circular because it does not use the term
expressly (see, e.g., 1926.1440, 1926.1402(b). (See ID0178.1.) level by itself; it refers to the
Sideboom Cranes). OSHA defers to the equipment manufacturers
expertise of the Committee on this issue. Paragraph (b) specifications for * * * degree of level
Secondly, OSHA has reviewed ANSI/ Under paragraph (b) of this section, of the equipment. The reason the
ASSE A10.312006 and found that it is the equipment is prohibited from being provision refers to the manufacturers
substantively distinguishable from assembled or used 10 unless ground specification in this regard is that it is
1926.1402. Specifically, the two conditions are firm, drained, and graded the manufacturer that establishes the
standards differ in the assignment of to a sufficient extent so that, in load chart, and the load chart is valid
responsibilities. ANSI/ASSE A10.31 conjunction (if necessary) with the use only for the parameters, including
2006 divides responsibilities among of supporting materials, the equipment degree of level, established by the
digger derrick dealers/installers, manufacturers specifications for manufacturer.
owners, users, and operators. Notably, adequate support and degree of level of At the public hearing, a representative
controlling entities (who often do not the equipment are met. A cranes of the railroad industry raised an issue
fall into any of the ANSI/ASSE A10.31 stability depends (in part) on the crane that OSHA determines could be the
2006 categories) are assigned no being level, and degree of level is a source of some confusion. The
responsibility at all. Furthermore, the term used in the industry to describe the commenter indicated that the railroad
discussion of worksite conditions is manufacturers specification for how industry regularly has to work in out-of-
included only in sec. 10, level the crane must be. The Agency level conditions, since some sections of
Responsibilities of Operators. ANSI/ determined that the text of the proposed track are not level. (ID0342.) The
ASSE A10.312006 places the rule did not make it clear that the commenter explained that the
responsibility of examining ground drainage requirement did not apply to manufacturers of track-mounted cranes
conditions entirely on the operator. marshes/wetlands. Accordingly, the provide specialized load charts which
Also, ANSI/ASSE A10.312006 does not final rules text has been modified to
require that the ground condition take into account these out-of-level
clearly state that this is the only conditions.
requirements be met before the exception. All other conditions related
equipment is installed; it requires only The manufacturers of these cranes
to have a stable surface for the
that the worksite be surveyed before the apparently specify that the cranes can
equipment is applicable.
digger derrick is used. In sum, OSHA be used in certain out-of-level
In the Committees experience, crane
concludes that 1926.1402 is more circumstances, as evidenced by their
tip-over incidents caused by inadequate
effective than ANSI/ASSE A10.312006 provision of load charts for those
ground conditions are a significant
conditions. Therefore, the use of
and declines to incorporate ANSI/ASSE cause of injuries and fatalities. For

A10.312006 by reference. equipment in accordance with
example, on September 28, 1999, a 19
The Agency disagrees with the manufacturer specifications regarding
year old electrical instrument helper
commenter that 1926.1402 fails to degree of level would meet
was killed by a crane that overturned
adequately address ditches. The hazard 1926.1402(b)s requirement because
posed by a ditch is that the ground is 10 Note that used is not limited to use of the the provision permits use of the
less firm in the area adjacent to it. equipment at a fixed location; it also includes when equipment in accordance with those
Under 1926.1402, the ground must be the equipment is traveling with a load. specifications.
Paragraph (c) (ID0143.1.) As explained in the needed and is making two changes in
Under 1926.1402(c), the controlling preamble of the proposed rule, CDAC the final text of paragraph (c)(2) of this
entity has several specific duties considered, but rejected, including section. Both of these clarifications are
regarding ground conditions. OSHAs specification requirements regarding the consistent with the rationale of the rule
authority to impose these duties is soil conditions (see 73 FR 5973959740, that the controlling entity need only
discussed in detail in the preamble to Oct. 9, 2008). This reflected the view share information that it possesses, and
the proposed rule (see 73 FR 59731 that most sites and circumstances do not that the controlling entity has no
59732, Oct. 9, 2008), and the Agency re- require sophisticated soil testing. In obligation under 1926.1402 to seek out
asserts the same authority with respect light of CDACs decision not to add additional information not in its
new testing or soil specifications, the possession.
to the final rule. As it did with respect
many variables that may affect ground First, OSHA is replacing the proposed
to the proposed rule, the Agency is
conditions, and the existing body of law phrase available to the controlling
again stating that the duties imposed on entity with in the possession of the
and OSHA guidance relating to testing
the controlling entity through the controlling entity, whether at the site or
duties under the Agencys multi-
promulgation of this final rule are off-site. As explained in the preamble
employer policy, the Agency concludes
supplemental to, and do not displace, to the proposed rule,
that it is appropriate to allow the
controlling entity duties under OSHAs
controlling entity flexibility in the [i]n developing this proposed provision, the
multi-employer policy. (See
manner in which it satisfies its duties Committee was mindful that the controlling
1926.1402(e), discussed below; 73 FR
under 1926.1402 and the multi- entity often has access to documents that
59731, Oct. 9, 2008). employer policy. may identify the location of such hazards.
Controlling entity is defined in Under 1926.1402(c)(2), the * * * Under this proposed provision, if the
1926.1401 as an employer that is a controlling entity is required to inform controlling entity has such a document,
prime contractor, general contractor, the user of the equipment and the whether at the site or at an off-site location,
construction manager or any other legal it would be required to inform the equipment
equipment operator of the location of user and operator of the location of the
entity which has the overall hazards beneath the equipment set-up
responsibility for the construction of the hazard as identified in it. If the controlling
area (such as voids, tanks, and utilities, entity does not possess such a document, it
projectits planning, quality and including sewer, water supply, and would not be required to obtain it from
completion. This definition, which drain pipes) that are identified in another source.
generally mirrors the definition of documents (such as site drawings, as-
controlling contractor in the steel The phrase available to may be
built drawings, and soil analyses) that interpreted as including documents that
erection standard, 29 CFR part 1926, are in the possession of the controlling
subpart R, reflects the core principle of the controlling entity does not already
entity. These underground hazards can have in its possession but has the ability
general supervisory control over the compromise the ability of the ground
construction site. In this final rule, to obtain, i.e., procure, from other
above them to support the equipment. entities. As is evident from the proposed
OSHA is clarifying the definition to In the experience of members of the
make it clear that the controlling entity rule explanation quoted above, the
Committee, because of the hidden intent is to apply the duty only with
must be an employer. nature of these hazards, accidents have
Section 1926.1402(c)(1) requires the respect to information that is already in
occurred when cranes have been set up the controlling contractors possession,
controlling entity to ensure that ground above such hazards and a portion of the
preparations necessary to meet the whether at the site or off-site.
ground has given way. Second, OSHA is revising the text of
requirements in paragraph (b) of this In developing this provision, the
section are provided. The Committee paragraph (c)(2) of this section to
Committee was mindful that the emphasize that the employers existing
determined that it is necessary to controlling entity often possesses
specify who will have ground condition responsibilities under OSHAs multi-
documents obtained or developed employer policy are not changed by this
responsibility because in many during the ordinary course of business
instances the parties are unable to agree new rule. As noted above and in the
that identify the location of such preamble to the proposed rule, the
on who will have (or has) that hazards. Under the provision as
contractual responsibility, with the duties provided in 1926.1402
proposed, if the controlling entity has
result that often no one corrects supplement, and do not displace, the
such a document, whether at the site or
inadequate ground conditions. controlling entitys duties under the
at an off-site location, it is required to
In the Committees view, the crane multi-employer policy.11 The multi-
inform the equipment user and operator
user and operator typically do not have employer policy reflects the Secretarys
of the location of the hazard as
the equipment or authority to make reasonable interpretation of the OSH
identified in it. If the controlling entity
such preparations. In contrast, the does not possess the information, it is 11 The Agency anticipates that the majority of
controlling entity, due to its control of not required to obtain it from another controlling entities will also be controlling
the worksite, has the requisite authority source. The Committee concluded that employers for the purposes of the multi-employer
and is in the best position to arrange for requiring the controlling entity to obtain policy. However, even to the extent that a
adequate ground conditions. The such information from other sources controlling entity does not also meet the definition
of a controlling employer, the Agency has the
Committee was concerned, however, would, in effect, require it to arrange for authority to require the controlling entity to comply
that some controlling entities may lack testing. As explained above, the with the requirements of 1926.1402. (See
the expertise to recognize when ground Committee determined such a duty discussion of authority at 73 FR 5973159732, Oct.
9, 2008.) With respect to the controlling entitys
conditions are inadequate. To address would be unduly burdensome and

duty to warn the operator and other users of the
this concern, the Committee developed unnecessary. equipment about hidden ground condition hazards,
1926.1402(e). Some commenters indicated that 1926.1402(c) constitutes OSHAs exercise of its
One commenter said that adequate clarification is needed regarding authority to prescribe the use of labels or other
site assessment requires defining ground whether the controlling entity is appropriate forms of warning as are necessary to
insure that employees are apprised of all hazards
bearing capacity compared to loading of required to possess particular to which they are exposed * * * and proper
the machine, along with soil testing and documents. (ID0166.1; 0214.1.) OSHA conditions and precautions of safe use or exposure.
proper analysis for ground conditions. agrees that additional clarification is 29 U.S.C. 655(b)(7).
Act and requires controlling employers share information already in its that are not already known to it (see 73
to exercise reasonable care to prevent possession, whether or not such FR 59741, Oct. 9, 2008). The Agency
and detect violations on the site. See information is contained in a document. concludes that the provisions language
OSHA CPL 0200124, Multi-Employer OSHA received several comments adequately reflects this intent.
Citation Policy, Dec. 10, 1999. Under about whether these responsibilities One commenter suggested that
this policy, the controlling employer has should rest with the controlling entity 1926.1402(c) be replaced with a
a duty to address hazards the employer as it is defined in 1926.1401 (prime section that would simply encourage a
either creates or controls, regardless of contractor, general contractor, cooperative meeting between the
whose employees are threatened by the construction manager or any other legal controlling entity, the employer using
hazard. See, e.g. Universal Const. Co., entity which has the overall the crane, and the employer best
Inc. v. Occupational Safety and Health responsibility for the construction of the situated to control and prepare the
Review Commn, 182 F3d 726, 730 (10th projectits planning, quality and ground conditions. (ID0218.1.) OSHA
Cir. 1999). Implicit in those duties is a completion). determines that such a change would
duty to notify employees of hazards the One commenter sought clarification merely replicate the status quo, an
controlling employer controls and has on whether a construction manager/ arrangement which the Committee
already detected, particularly where general contractor or a site/project found to be inadequate for ensuring
such notification would prevent a owner is considered the controlling adequate ground conditions.
violation. As noted in the preamble to entity where the latter contracts with
the former but retains responsibility for Several commenters argued that the
the proposed rule, requiring employers crane operator, not the controlling
to include hazard information needed oversight of certain matters (e.g., quality
control, safety). The commenter also entity, should be required to obtain
by downstream employees is a information about the location of
necessary and appropriate means to wanted to know if the site/project owner
is still responsible for inspecting ground hazards beneath the equipment set-up
ensure that the employees are apprised area. (ID0165.1; 0179.1; 0191.1;
of all hazards to which they are conditions under 1926.1402 if the
construction manager/general contractor 0197.1; 0214.1; 0232.1; 0235.1;
exposed. (See 73 FR 59731, Oct. 9, 2008; 0285.1.) These comments fell into one
see also American Petroleum Institute v. is the controlling entity. (ID0107.1.) As
explained above, the controlling entity of two groups.
OSHA, 581 F.2d 493, 510 (5th Cir. The first group argued that some
1978).) (OSHA may require upstream is the entity which has the overall
responsibility for the construction of the controlling entities are either not
employers to warn downstream engaged in construction work,12 may
employees of concealed hazards when projectits planning, quality and
completion. Where this responsibility is have little to no expertise concerning
the upstream employer knows of those ground conditions in general, or may
split among several entities, there may
hazards under remedial purpose of the hire subcontractors to work at a remote
not be a controlling entity. In that case,
OSH Act and OSHAs broad authority to location of which the controlling entity
1926.1402(d) applies: whichever
prescribe warning labels under 29 may have little knowledge. (See, e.g.,
employer has authority to make or
U.S.C. 655(b)(7)). ID147.1; 0165.1; 0232.1; 0235.1.)
arrange for ground preparations is
OSHA is therefore clarifying in required to ensure that the necessary This group appears to read
paragraph (c)(2) that the controlling ground preparations are made. If more 1926.1402(c)(1) to mean that the
entity still must share both documentary than one entity each possesses this controlling entity must personally
and non-documentary information authority, then OSHA holds each of determine and provide the ground
about other hazards when the hazards those entities separately liable for the conditions necessary to meet the
are known to the controlling entity. duty to ensure that the necessary ground requirements in 1926.1402(b).
This requirement only applies to hazard preparations are made. CDAC considered the concern that
information already in the possession of Some commenters suggested that the some controlling entities would not
the controlling entity, and does not provision is unclear as to which have the expertise needed to determine
require the controlling entity to obtain hazards, i.e., known or unknown, the if ground conditions were adequate. The
any additional information. For controlling entity is required to disclose. final rule therefore addresses this
example, if the controlling entity is (ID0166.1; 0214.1.) The purpose of concern in two ways. First, paragraph
setting up non-crane equipment and this requirement is to ensure that the (c)(1) provides that the controlling
discovers during the course of that work user of the equipment and the operator contractor is responsible for ensuring
that there is an undocumented void in are informed of hazards that might not that these ground conditions are
the area where the crane is to be set up, be known to them, because they are provided. In other words, if the
the controlling entity would be required beneath the set-up area, but are known controlling contractor is not familiar
to share that information with the crane to the controlling entity. In other words, with the cranes requirements or with
operator. Although this requirement under this provision, the controlling the ground conditions at the particular
extends beyond the documents entity must examine information in its site, then it must make sure that
specified in the proposed rule, it is possession (such as site drawings, as- someone who is familiar with those
consistent with the rationale provided built drawings, and soil analyses) to see requirements and conditions provides
in the proposed rule and is supported if there are hazards beneath the set-up what is required by 1926.1402(b).
by those commenters who favor this area. If there are hazards identified in Second, under 1926.1402(e), if the
provision: CDAC sought to distinguish those documents, or if the controlling A/D director or operator determines that
between information in the possession entity has already identified other
ground conditions are inadequate, the

of the controlling entity, and hazards not in those documents, the controlling entity will, through a
information that must be sought out by controlling entity must inform the user discussion, obtain the relevant
the controlling entity. Thus, to comply and operator of the hazards. As information. (See discussion of
with 1926.1402(c)(2) of the final rule, explained above and in the proposed
the controlling entity has no duty to rule preamble, new 1926.1402 does 12 In most cases entity that meets the definition
seek out new information not already in not place any new requirements on the of controlling entity will be engaged in
its possession; it is only required to controlling entity to discover hazards construction.
1926.1402(e) at 73 FR 59741, Oct. 9, equipment if that employer directs a discussion with the controlling entity
2008). crane to hoist the panels into place. regarding the ground preparations
One of the commenters suggested that Similarly, an employer installing needed so that, with the use of suitable
1926.1402(c) be revised to place wooden roof trusses would be a user of supporting materials/devices (if
requirements on either the controlling equipment if that employer directs a necessary), the requirements in
entity or a competent person designated crane to place the trusses on the 1926.1402(b) can be met.
by the controlling entity. (ID0191.1.) structure. A general contractor handling The Committee determined that, in
As explained above, 1926.1402, as several subcontracting areas, but not the some instances, the controlling entity
promulgated, does not preclude a controlling entity for the worksite, may lack the expertise needed to know
controlling entity from using a would also be a user of equipment if what ground preparations may be
competent person to provide the it directs its subcontractors to use a needed. In such cases, it is necessary for
information it needs to meet its crane to hoist materials. In the latter the information it needs to be provided
responsibilities under this section. example, the general contractor and the by the A/D director or operator, who has
However, CDACs experience indicates subcontractor would each be a user of that expertise, so that the preparations
that it is important to ensure that one equipment. needed for safe crane operations can be
entity with the authority to address made. The Committee concluded that,
ground condition hazards has the Paragraph (d)
in such circumstances, such a
responsibility to do so. To permit a In the event that no controlling entity discussion would make it more likely
controlling entity to divest itself of its exists, 1926.1402(d) provides that the that the requirements in 1926.1402(b)
ground condition responsibilities would requirement in 1926.1402(c)(1) must would be met, which, as discussed
unduly fragment responsibility for be met by the employer that has above, is necessary for safe crane
ground conditions, thus defeating one of authority at the site to make or arrange operations.
the goals of the section. for ground preparations needed to meet
One commenter suggested that the
The second group argued that the rule the requirements of 1926.1402(b). For
provision will encourage disputes. The
may result in situations that are beyond example, if the employer who hires the
commenter suggested that rental
the capacity and responsibility of crane has the authority to get the ground
companies would not accept a
certain subcontractors. (See, e.g., prepared in the absence of a controlling
entity, the responsibility for complying controlling entitys ground conditions
ID0165.1; 0191.1; 0235.1.) One
with 1926.1402(b) would fall to that unless the controlling entity purchases
commenter suggested that the definition
employer. However, that employer services from the rental company to
of controlling entity be revised to
reflect that subcontractors and others would not be required to comply with improve them. (ID0105.1.)
who have little to do with the overall 1926.1402(c)(2) because the OSHA determines that the
project including site conditions and do information required to be disclosed commenters concerns are unwarranted.
not have the expertise to determine under 1926.1402(c)(2) is not likely to Section 1926.1402(e) is a mechanism for
compliance with crane manufacturer be available to that employer. a controlling entity to obtain
specifications are not included in the One commenter suggested that information to facilitate its compliance
definition, purpose, or requirements of paragraph (d) of this section be revised with 1926.1402(c)(1). Once ground
a controlling entity. (ID0191.1) These to read that the requirements in conditions meet the criteria in
commenters also argued that, because 1926.1402(c)(1) must be met by a 1926.1402(b), the controlling entity is
such subcontractors do not know or competent person designated by the not required to make further
control the site conditions, the employer that has authority at the site improvements, even if the rental
responsibilities in 1926.1402(c) should to make or arrange for ground company objects.
fall on the crane owner or operator. The preparations needed to meet the For the reasons above, OSHA is
other two commenters were concerned requirements of 1926.1402(b). (ID promulgating 1926.1402(e) as
about the effect of the rule on heating, 0191.1.) As explained above with proposed, with the substitution of the
ventilating, air conditioning, and respect to a similar suggestion regarding word director for the word
refrigeration (HVACR) contractors in 1926.1402(c), OSHA determines this supervisor to be consistent with the
particular. (ID0165.1; 0235.1.) would have the effect of unduly change made and discussed in
These commenters have fragmenting the responsibility for 1926.1404.
misunderstood 1926.1402(c). For ground conditions, which is contrary to Paragraph (f)
example, an HVACR contractor, if the intent of the provision.
contracted to do only HVACR work and For the reasons above, OSHA is At the public hearing, a representative
is not in control of the entire work site, promulgating 1926.1402(d) as of the railroad industry explained that,
would not be the controlling entity, and proposed. in his experience, railroads use cranes
would be subject to the limited to: remove, replace or renew rails; build
requirements in 1926.1402(d) only if it Paragraph (e) bridges; handle materials; and to pick
had authority to make changes to the Proposed 1926.1402(e) established a up and repair railroad cars. (ID0342.)
ground conditions. mechanism for a controlling entity to In addition, the witness explained that
One commenter requested that the obtain information from the A/D the railroad industry uses a variety of
term user of the equipment be defined. director or the equipment operator construction equipment, some on the
(ID0214.1.) OSHA determines this term about insufficient ground conditions tracks (locomotive cranes, rubber-tired
does not need to be defined in and the preparations needed to correct off-road cranes that are capable of being
1926.1401, since its meaning is the problem. Specifically (as discussed used on the tracks) and others off the
sufficiently clear. User of the above in the context of tracks (rubber-tired off road cranes,
equipment refers to the employer that 1926.1402(c)(1)), if the A/D director or truck cranes, and service trucks). (ID
is using the equipment to perform a equipment operator determines that 0342.) The witness estimated that 95%
task. For example, a drywall installation ground conditions do not meet the of railroad industry crane operations
employer engaged in erecting precast criteria in 1926.1402(b), that persons take place on or around railroad tracks.
wall panels would be a user of the employer is required to have a (ID0342.)
One commenter expressed concern and requirements for the track surface.15 tracks, but would be subject to the
about the application of 1926.1402 to The failure of any one of these elements requirements of 1926.1402 if used
the railroad industrys use of cranes and (the ballast, the roadbed or sub-grade, or adjacent to the tracks.
requested an exemption for the use of the track) is detrimental to the
Sections 1926.14031926.1406
cranes on and alongside tracks. (ID effectiveness of the system as a whole.
Assembly and Disassembly
0176.1; 0292.1.) The commenter These provisions are designed to, in
expressed two specific concerns. First, concert, enable trains to travel safely, Sections 1926.1403 through
that, unlike most construction sites, a and involve conditions adjacent to the 1926.1406 set out requirements
railroad construction site may include track only to the extent that they affect designed to ensure the safety of
many miles of railroad track. The track stability. employees while equipment is
commenter elaborated that the time and The comment is persuasive to the assembled and disassembled (and, in
cost associated with locating and extent that it pertains to cranes that the case of tower cranes, during
checking site drawings and soil operate on railroad tracks that are part erecting, climbing and dismantling). C
analyseswhich the commenter said of the general railroad system of DAC members indicated that, in their
may arguably be available to the railroad transportation because FRAs experience, the failure to adequately
industryfor thousands of miles of regulations address ground support for address hazards associated with these
track would be exorbitant and would the tracks.16 Therefore, OSHA has processes is a significant cause of
not appreciably lower the risks to the decided to exempt from the injuries and fatalities. The Committee
crane operator. (ID0176.1.) requirements of 1926.1402 cranes used also concluded that the most effective
As for the cost associated with on railroad tracks that are part of the way to reduce these injuries and
locating and checking documents, general railroad system of transportation fatalities would be to have a standard
1926.1402 does not require the subject to FRA regulation. To effectuate that comprehensively addresses these
controlling entity to possess or acquire this change from the proposed rule, hazards (see also the Agencys
any particular documents or other OSHA has added 1926.1402(f), which discussion of fatality data associated
information, but requires that the exempts cranes that are designed for use with assembly/disassembly at 73 FR
controlling entity share any information on railroad tracks and that are being 5974159742, Oct. 9, 2008).
about underground hazards that it has used on tracks regulated by the Federal Note that the term procedures,
in its possession with the crane user and Railroad Administration requirements at which is used in the assembly/
operator. As explained above, OSHA 49 CFR part 213. In addition, OSHA has disassembly provisions, is defined to
has replaced available to with in the exempted railroad tracks and their include (but is not limited to)
possession of to make this clear. underlying support from the ground instructions, diagrams,
The commenter also suggested that conditions inspection requirements in recommendations, warnings,
there is no need to apply 1926.1402 to 1926.1412(d)(1)(x). specifications, protocols and limitations
cranes used by railroads along track The commenter also stated that the (see 1926.1401). The operation of an
rights of way because the Federal FRA has regulations that concern[] the assist crane used to help in the
Railroad Administration (FRA) has ground conditions * * * alongside the assembly/disassembly process is not
regulations that specify minimum track. (ID0176.1.) The only aspects of covered by the assembly/disassembly
requirements for roadbeds and areas the ground conditions of the area requirements but is covered by the other
immediately adjacent to roadbeds that adjacent to the track roadbed addressed sections of this standard.18
concern the ground conditions by the FRA regulations are drainage and One commenter suggested that the
underneath and alongside the track, as vegetation.17 An area with adequate Agency clarify whether 1926.1403
well as requirements for how the track drainage can nonetheless present through 1926.1406 apply to activities
must be laid. problems for equipment set-up with that modify or increase the height of the
The Federal Railroad Administration respect to slope, compaction and crane such as jumping. (ID0156.1.)
has established requirements for the firmness, as well as have hazards Jumping (or climbing) refers to the
ballasts beneath railroad tracks,13 beneath the set-up area. For this reason, process of adding mast sections to a
limited requirements for the roadbed,14 the Agency has decided not to exempt tower crane to increase its height. In
equipment used alongside railroad many cases a tower crane is first erected
13 The FRA regulations for the ballast (the
tracks. Therefore, for example, a rubber and used at one height, and then as the
foundation for most railroad tracks) can be found
at 49 CFR 213.103 and 213.334, depending on the
tired off-road crane designed for use on height of the structure being built
class of track. The provisions are otherwise tracks would be exempted from increases, the height of the tower crane
identical, and provides: 1926.1402 while being operated on the is increased in stages to keep pace with
Unless it is otherwise structurally supported, all it.
track shall be supported by material which will immediately adjacent to roadbeds to prevent fires, Irrespective of whether the crane is
(a) Transmit and distribute the load of the track maintain visibility and signals, and to prevent
and railroad rolling equipment to the subgrade; interference with other duties.
initially erected to its full height, or is
(b) Restrain the track laterally, longitudinally, and 15 49 CFR 213.51 et seq. contains requirements for jumped in stages, the process of
vertically under dynamic loads imposed by railroad the gage, alignment, and surface of the track. increasing the height of the crane is an
rolling equipment and thermal stress exerted by the 16 The general railroad system of transportation is assembly/erection process. Sections
rails; defined as the network of standard gage track over 1926.1403 through 1926.1406 apply
(c) Provide adequate drainage for the track; and which goods may be transported throughout the
(d) Maintain proper track crosslevel, surface, and nation and passengers may travel between cities
whenever the cranes height is modified.
alignment. and within metropolitan and suburban areas. To ensure that this intent is reflected in
14 FRA requirements address issues other than Appendix A to 49 CFR part 209. If a railroad that the standard, OSHA has added a
ground support in the area adjacent to the track is part of the general railroad system of sentence to the definition of assembly/
roadbed. Specifically, 49 CFR 213.31 requires that transportation operates over track that is confined
to an industrial installation, that plant trackage is
disassembly in 1926.1401 to this
each drainage or other water carrying facility under
or immediately adjacent to the roadbed be also considered part of the general railroad system effect.
maintained and kept free of obstruction, to of transportation.
accommodate expected water flow for the area 17 See the description of FRA requirements that 18 However, the rigging requirements in
concerned. Section 213.37 requires the control of relate to the area adjacent to the track roadbed in 1926.1404(r) and 1926.1425(c)(3) apply to the
vegetation on railroad property which is on or footnote 11. rigging used by the assist crane.
In proposed 1926.1401, assembly/ designed for use in ideal site. In some cases, the procedures are
disassembly was defined to mean the environments: Large, flat, dry, not complex and are very familiar to the
assembly and/or disassembly of unencumbered open areas. However, in A/D director. In such cases CDAC
equipment covered under this CDACs experience, such conditions determined that having them in writing
standard. With regard to tower cranes, are not typical, especially in urban is not necessary. In other cases, such as
erecting and climbing replaces the areas. Consequently, employers are where the procedures are complex, the
term assembly, and dismantling currently unable to implement those equipment is new to the employer, or
replaces the term disassembly. CDAC procedures in those situations. Second, the A/D director has not often
did not originally include a definition of members were of the view that there is assembled/disassembled the equipment,
assembly/disassembly, but OSHA often more than one way to safely there is an inherent incentive for the
included this definition in the proposed assemble and disassemble a crane, and employer to have them in writing. In
rule to avoid any implication that that it is unnecessary to mandate that in such instances, OSHA expects that the
1926.14031926.1406 do not apply to every case the manufacturer procedures employer will have written procedures
tower cranes because the terms be used. The inclusion of specific on site to facilitate meeting the
assembly and disassembly are not requirements in the standard that requirements in 1926.1404(b) and (d).
commonly used in the industry in employer procedures must meet (see The Agency therefore finds that it is not
referring to tower cranes. Instead, the 1926.1406) addresses the concern that necessary to have a requirement that
words erecting, climbing, and those procedures ensure worker safety. they be in writing and at the site.
dismantling, are used, and the Another commenter suggested that
Lastly, a commenter suggested that
definition of assembly/disassembly employer procedures not be allowed for
this section incorporate by reference the
makes it clear that 1926.1403 climbing operations unless approved by
ANSI/ASSE A10.31 American National
1926.1406 also apply to tower cranes. the manufacturer. (ID0137.1.) As
Standard, Safety Requirements,
explained in the discussion below
Section 1926.1403 Assembly/ Definitions and Specifications for Digger
regarding 1926.1404(r), the Agency has
DisassemblySelection of Manufacturer Derricks. (ID0178.1.) Because the
decided to require manufacturer
or Employer Procedures commenter did not explain how
procedures to be used with regard to the
Final 1926.1403 requires that when use of synthetic slings. Since the incorporating this standard would make
assembling or disassembling equipment commenter has not provided the final rule more effective, OSHA has
(or attachments), the employer must information substantiating the need for decided not to incorporate ANSI/ASSE
comply with all manufacturer manufacturer approval with respect to A10.31 into 1926.1403.
prohibitions applicable to assembly and deviation from climbing procedures, the In the proposed rule, 1926.1404(n)
disassembly and must also comply with Agency is unaware of any basis to set forth the requirement (now set forth
either manufacturer procedures, or conclude that the requirements in in this section) that an employer must
employer procedures, for assembly and 1926.1403 and 1926.1406 would be comply with manufacturer prohibitions.
disassembly. Employer procedures may inadequate to ensure the safety of The Agency decided that this important
be used only where the employer can employer procedures in this regard. caveat to 1926.1403 would be better
demonstrate that the procedures used Therefore, OSHA has decided not to understood if it was moved to this
meet the requirements in 1926.1406 adopt the commenters suggestion. section. Therefore, 1926.1404(n) is
and may not be used during rigging if Another commenter suggested that if now reserved and its text is integrated
the employer uses synthetic slings, as the Agency is going to allow employer in this section.
explained in the discussion below procedures, a written copy should be Additionally, OSHA has substituted
regarding 1926.1404(r). required to be kept on the job site for the an or in place of the and separating
Two commenters suggested that only use of the entire crew. (ID0178.1.) assembling and disassembling to
manufacturer procedures for crane The final rule requires that the A/D clarify that the listed requirements
assembly/disassembly be allowed. (ID director understand the assembly/ apply when the employer is assembling
0151.1; 0305.1.) One of these disassembly procedures. In addition, the or disassembling. Finally, a reference to
commenters clarified its comment at the A/D director must review the assembly/ 1926.1404(r) has been added to
hearing (ID0343.) and confirmed this disassembly procedures prior to starting 1926.1403(b) to clarify when employer
clarification in post-hearing the assembly/disassembly process procedures may not be used.
submissions (ID0387.1.) that they did unless the A/D director is experienced
not believe the assembly/disassembly in having used them on the same type Section 1926.1404 Assembly/
procedures should be limited to just and configuration of equipment and is DisassemblyGeneral Requirements
manufacturer procedures. The able to recollect the procedures such (Applies to All Assembly and
commenter suggested using a procedure that review is unnecessary. (See Disassembly Operations)
designed by a registered professional 1926.1404(b).) Furthermore, before Paragraph (a) Supervision
engineer or by a qualified person. (ID beginning assembly/disassembly CompetentQualified Person
0387.1.) Note that 1926.1406(b) of the operations, the A/D director must
final rule requires employer procedures determine that the crew members Section 1926.1404(a) requires
to be developed by a qualified person. understand their tasks and the assembly/disassembly to be directed by
As explained in the proposed rule associated hazards, as well as any a person who meets the criteria for both
preamble, the Committee members hazardous positions/locations that they a competent person and a qualified
discussed whether employers should be person, or by a competent person who
need to avoid. (See 1926.1404(d).)

required to comply with the These requirements ensure that both the is assisted by one or more qualified
manufacturers procedures, or if A/D director and crew members persons (A/D director). Where the
deviations from those procedures understand the assembly/disassembly assembly/disassembly is being
should be allowed. The Committee procedures that are going to be performed by only one person, that
determined that deviations should be undertaken. person must meet the criteria for both a
allowed for two reasons. First, CDAC declined to require the competent person and a qualified
manufacturers procedures are typically procedures to be in writing and at the person. For purposes of this standard,
that person is considered the A/D A/D supervisor would undermine the Paragraphs (b) Knowledge of the
director. effectiveness of the provision itself. Procedures and (c) Review of the
Section 1926.1401 defines A/D Therefore, OSHA has decided to use Procedures
director as an individual who meets the term A/D director. Director is not Section 1926.1404(b) requires that the
this standards requirements for an A/D a defined term in the NLRA nor does it A/D director understand the assembly/
director, irrespective of the persons have any particular significance as a job disassembly procedures. In addition,
formal job title or whether the person is title with respect to NLRA 1926.1404(c) requires the A/D director
non-management or management jurisprudence. Furthermore, like A/D to review the procedures immediately
personnel. CDAC constructed the supervisor, it is consistent with C prior to starting the process unless the
definition in this way to make clear that DACs intent to use a term that conveys directors experience in having used
it is the substance of the individuals the concept of authority to oversee the them on the same type and
qualifications, and not his or her job assembly/disassembly process. To configuration of equipment, and
title or position in the company remain consistent with this new term, in recollection and understanding of the
hierarchy, that determines whether the 1926.1404(a)(1), OSHA has replaced procedures is such that it makes their
person is qualified to act as an A/D the word supervised with directed. review unnecessary.
director. These two sections work together to
In the proposed rule, OSHA used the The A/D director has to meet the
definition of both a competent and ensure that an experienced A/D director
term A/D supervisor. Some understands the procedures. Even if an
commenters objected by written qualified person as OSHA defines
those terms.21 The Committee A/D director has experience, he/she
submission and at the hearing to the use must still meet the knowledge
of the word supervisor in this determined that having an A/D director
overseeing the assembly/disassembly requirement in 1926.1404(b). For
provision. (ID0182.1; 0199.1; 0172.1; example, if an A/D director configured
0341.) They were concerned that the process who had both the authority to
correct a hazard and who had the a type of crane a number of years ago
use of this term would imply that and no longer remembers the
anyone who serves in this role under expertise of a qualified person was
necessary to ensure the safety of the procedures applicable to such a crane,
1926.1404 would be considered a he/she does not fall within the
supervisor under the National Labor operation. Several commenters strongly
endorsed the new A/D director experienced A/D director exception,
Relations Act (NLRA).19 Their and must, accordingly, review the
objections are rooted in the fact that the requirement, believing the addition will
improve workplace safety. (See, e.g., ID procedures immediately prior to starting
word supervisor is used and defined the process.
in the NLRA. The commenters only 0343.)
A commenter asserted that the No comments were received on these
objection to 1926.1404(a) was the use provisions. They are promulgated as
of the term supervisor; they did not qualifications for A/D directors are too
abstract and allowed for too much proposed except that, in addition to a
object to the actual duties or grammatical clarification, 1926.1404(c)
prerequisites spelled out in the interpretation. The commenter suggests
that the qualifications for an A/D now contains a clearer knowledge
proposed rule applicable to this requirement to clarify the interplay
individual/team. Several commenters director should be more similar to the
requirements for operator certification between 1926.1404(b) and
suggested that the word supervisor be 1926.1404(c), as described above.
replaced with the term designated in 1926.1427. (ID0137.1.)
individual and that the regulatory text CDAC thoroughly discussed the Paragraph (d) Crew Instructions
be amended to definitively indicate that necessary qualifications for an A/D Under this provision, before
OSHA has no intention of creating director and determined that the best beginning assembly/disassembly
NLRA implications by use of the term. option for ensuring employee safety operations, the A/D director would have
(ID0182.1; 0199.1; 0172.1.) during assembly/disassembly was to to ensure that the crew members
The use of supervisor in this rule require an A/D director to be both a understand their tasks and the
would not be determinative of qualified and a competent person. (See associated hazards, as well as any
supervisor status under the NLRA.20 ID0321.5.) Furthermore, the terms hazardous positions/locations that they
Nonetheless, OSHA understands the qualified person and competent person need to avoid.
commenters concerns that workers in and their definitions are well No comments were received on this
the industry may be confused by the use established and well recognized in the provision. It is promulgated as proposed
of this term. However, the term construction industry. For these except that ensure replaces
designated individual, suggested by a reasons, OSHA is deferring to the determine, to better represent the role
labor representative and other judgment of the Committee and is not of the A/D director.
commenters, could also cause making the suggested change.
confusion, since it is ambiguous as to Paragraph (e) Protecting Assembly/
whether that person had been granted 21 Section 1926.1401, Definitions, defines a
Disassembly Crew Members Out of
the authority to correct hazards. Such competent person as: one who is capable of Operator View
ambiguity in the minds of the A/D crew identifying existing and predictable hazards in the
surroundings or working conditions which are
Section 1926.1404(e) requires that
members regarding the authority of the unsanitary, hazardous, or dangerous to employees, before a crew member goes to a location
and who has authorization to take prompt that is out of view of the operator and
19 29 U.S.C. 159169 (1935). corrective measures to eliminate them. Section is either in, on, or under the equipment,
20 With A/D supervisor, OSHA was merely 1926.1401 defines a qualified person in this
creating a descriptive term for use solely in the proposed standard as: One who, by possession of
or near the equipment (or load) where
application of an OSHA standard. OSHAs use of a recognized degree, certificate, or professional the crew member could be injured by
the term is a less significant designation for the standing, or who by extensive knowledge, training, movement of the equipment (or load),
purposes of the NLRA than even a job title, which and experience, has successfully demonstrated his the crew member must inform the
is itself not determinative under the NLRA. See, ability to solve or resolve problems relating to the
e.g., N.L.R.B. v. St. Marys Home, Inc., 690 F.2d subject matter, the work, or the project. These
operator that he/she is going to that
1062, 1066 (4th Cir. 1982) (As the [NLRB] itself has definitions are essentially the same as the location. Where the operator knows that
put it, job titles are meaningless). definitions in 1926.32(f) and 1926.32(m). a crew member went to a location
covered by paragraph (e)(1) of this increase the potential for An example of such procedures is
section, the operator must not move any miscommunication. Therefore, the provided in non-mandatory Appendix
part of the equipment (or load) until the Agency has not changed the provisions B.
operator is informed in accordance with to allow third party notification.
Commenters raised additional issues Paragraph (g) Capacity Limits
a pre-arranged system of
communication that the crew member is regarding 1926.1404(e). Proposed This provision requires that the rated
in a safe position. An example of such 1926.1404(e) provided two methods to capacity limits for loads imposed on the
a system would be the use of a signal assure that employees would not be equipment, each of its components
person who gives an all-clear signal to injured while working outside of the (including rigging), lifting lugs and
the operator once the signal person sees operators view. Under proposed equipment accessories being assembled
that the employee has exited the hazard 1926.1404(e)(2)(i), the operator would or disassembled not be exceeded. The
area. Another example would be where give a warning that is understood by the provision applies during all phases of
the employee in the hazard area is crew member as a signal that the assembly/disassembly. (See the
equipped with a portable air horn and, equipment (or load) is about to be discussion of this provision at 73 FR
in accordance with a pre-arranged horn moved and would allow time for the 59744, Oct. 9, 2008.) Note that where an
signal system, sounds an appropriate crew member to get to a safe position. assist crane is being used during the
signal to the operator that the employee Under proposed 1926.1404(e)(2)(ii), assembly/disassembly of another crane/
has exited the hazard area. To be the operator was prohibited from derrick, the requirements for rated
effective, the pre-arranged signal system moving any part of the crane until capacity during operations must be met
needs to be designed so that this all- informed, in accordance with a pre- under 1926.1417(o), Compliance with
clear signal could not be confused with arranged system of communication, that rated capacity, with respect to the assist
a horn signal from some other employee the crew member is in a safe position. crane.
for another purpose. Two commenters raised concerns
No comments were received on this
One of the hazards identified by the regarding crew members actually
provision. It is promulgated as proposed
Committee is an operator swinging or hearing warnings that were given in
except for one grammatical correction.
moving the crane/derrick when accordance with proposed
assembly/disassembly personnel are in 1926.1404(e)(2)(i). One commenter Paragraph (h) Addressing Specific
a crush/caught-in-between zone and out suggested that the operator should be Hazards
of the operators view. The Committee required to confirm that the employee
Section 1926.1404(h) requires that the
concluded that an effective and has moved to a safe location prior to
A/D director supervising the assembly/
practical means of preventing these initiating crane movement. (ID0292.1.)
disassembly operation address known
accidents would be through a Another commenter suggested that a
prearranged communications system hazards associated with the operation
communication procedure that would
should be required because audible with methods to protect the employees
provide key information to, and
warnings can be drowned out by from them, and provides a list of
coordination between, the operator and
ambient noise. (ID0122.) specific hazards that are likely to cause
these workers.
One Committee member suggested These comments identified two flaws serious injury or death. The A/D
that instead of requiring that the crew in proposed 1926.1404(e)(2)(i) that director must consider each hazard,
member directly inform the operator of were not addressed by CDAC. First, a determine the appropriate means of
his/her location, the rule should permit crew member may not hear a warning addressing it, and oversee the
the crew member to provide this signal that the equipment or load is implementation of that method.
information to the operator through a about to move and may not respond No comments were received on this
third person. For example, the crew appropriately. Second, the crew member provision. It is promulgated as proposed
member would instruct his/her foreman may hear the warning signal but be with a grammatical clarification and the
to radio the information to the operator. unable to move from his/her position. addition of the words which include
OSHA requested public comment on This would leave the crew member at the end of the introductory language
this suggestion in the preamble of the exposed to struck-by and crushing to acknowledge the employers existing
proposed rule (see 73 FR 59743, Oct. 9, hazards. As a result, the Agency has responsibility under 5(a)(1) of the OSH
2008). revised the provision by deleting the Act (the general duty clause) to
Several commenters stated that the option that was in proposed address other recognized hazards not
requirements should remain as 1926.1404(e)(2)(i). Proposed listed in this paragraph.
originally proposed and the Agency 1926.1404(e)(2) is otherwise included Paragraph (h)(1) Site and Ground
should not allow notification through a as proposed except for one grammatical Bearing Conditions
third person. (ID0205.1; 0213.1; correction.
0182.1; 0187.1; 0379.1.) One This provision works in conjunction
Paragraph (f) Working Under the Boom, with 1926.1402, which addresses
commenter believed that third party
Jib or Other Components ground conditions for both assembly/
notification could result in
miscommunication or delays. (ID0226; Section 1926.1404(f) requires that disassembly and use of the equipment,
0357.1.) when pins (or similar devices) are being including ground condition criteria.
One commenter testified that removed, employees must not be under Section 1926.1404(h)(1) requires the A/
introducing a third person into the the boom, jib, or other components, D director to assess the ground
except where the employer conditions for conformance with those
communications link would not present

any danger so long as there was some demonstrates that site constraints criteria, and to assess the site for
verbal confirmation. (ID0344.) require employees to be so positioned. suitability for assembly and
OSHA agrees with CDAC and the In such instances the A/D director must disassembly. (See the discussion of this
majority of the commenters. Indirect implement procedures that minimize provision at 73 FR 59744, Oct. 9, 2008.)
communication between the crane the risk of unintended dangerous No comments were received on this
operator and the employee working out movement and minimize the duration provision; it is promulgated as
of view, through an intermediary, would and extent of exposure under the boom. proposed.
Paragraphs (h)(2) Blocking Material and components. At times, portions of required to identify the center of gravity
(h)(3) Proper Location of Blocking hydraulic cranes are assembled and of the load. (See the discussion of this
These two provisions address the disassembled in the field and need provision at 73 FR 59745, Oct. 9, 2008.)
hazards associated with inadequate proper blocking. As a result, the word No comments were received on this
blocking. Section 1926.1404(h)(2) lattice in the proposed provisions provision. It is promulgated as proposed
requires the size, amount, condition and language has not been included in the except for one grammatical change.
method of stacking the blocking to be final rule so that the provision applies
Paragraph (h)(7) Stability Upon Pin
sufficient to sustain the loads and to hydraulic cranes and components as
Removal
maintain stability. Section well as lattice boom cranes and
components. This paragraph requires that each of
1926.1404(h)(3) requires that when used the following must be rigged or
to support booms or components, Paragraph (h)(4) Verifying Assist Crane supported to maintain stability upon the
blocking must be appropriately placed Loads removal of the pins: Boom sections,
to protect the structural integrity of the This paragraph requires that, when boom suspension systems (such as
equipment, and prevent dangerous using an assist crane, the loads that will gantry A-frames and jib struts), and
movement and collapse. be imposed on the assist crane at each components. Boom suspension system
Blocking (also referred to as phase of assembly/disassembly must be is defined in 1926.1401 as a system of
cribbing) is defined in 1926.1401 as verified in accordance with pendants, running ropes, sheaves, and
wood or other material used to support 1926.1417(o)(3). The purpose of this other hardware which supports the
equipment or a component and requirement is to avoid exceeding the boom tip and controls the boom angle.
distribute loads to the ground. Typically assist cranes rated capacity. Assist This definition is the same as that for
used to support latticed boom sections crane is defined in 1926.1401 as a boom suspension in the SC&RF
during assembly/disassembly and under crane used to assist in assembling or Handbook. (See the discussion of this
outrigger floats. This definition is from disassembling a crane. When used for provision at 73 FR 59745, Oct. 9, 2008.)
A Glossary of Common Crane and this purpose, an assist crane is subject No comments were received on this
Rigging Terms, a publication by the to all applicable provisions of this provision; it is promulgated as proposed
Specialized Carriers & Rigging standard, including the requirement of except that the conjunctive and is
Foundation (SC&RF Handbook). (ID 1926.1417(o) that it not be used in a substituted for or to make it clear that
0035.) manner that exceeds its rated capacity. all three of the listed items (boom
Proper blocking plays an important (See the discussion of this provision at sections, boom suspension systems, and
role in assembly/disassembly safety by 73 FR 59745, Oct. 9, 2008.) components) must be properly rigged,
reducing the risk of injuries from No comments were received on this not just any one of those.
unplanned movement or the collapse of provision; it is promulgated as proposed
equipment. (See the discussion of Paragraph (h)(8) Snagging
except that the purpose of the
blocking at 73 FR 59744, Oct. 9, 2008.) requirement is now included above in As explained in the preamble to the
One commenter suggested including a the preamble, rather than in the rule proposed rule, snagging occurs when
strength requirement for blocking. (ID text, to increase the clarity of the pendant cables hung alongside the
0053.1.) OSHA determines that the requirement. boom are caught (snagged) on the
provision as proposed, which requires pins, bolts, or keepers as the operator
that the size, amount, condition and Paragraph (h)(5) Boom and Jib Pick raises the boom (see 73 FR 59746, Oct.
method of stacking blocking must be Points 9, 2008.) Snagging could damage the
sufficient to sustain the loads and This provision would require the A/ cables or other equipment and result in
maintain stability, appropriately D director to address the hazard of using injury. This paragraph requires that
addresses blocking strength. Therefore, improper boom and jib pick points. suspension ropes and pendants not be
OSHA has not made a change to the Specifically, the points of attachment of allowed to catch on the boom or jib
wording of the provision in this regard. rigging to a boom/jib or boom/jib connection pins or cotter pins
The version of paragraph (h)(3) in the section(s) must be suitable for (including keepers and locking pins).
proposed rule was applicable only to preventing structural damage. Such The definition for pendants can be
lattice booms and components. In the damage could compromise structural found in 1926.1401. This definition is
proposed rules preamble, OSHA asked integrity and, in some cases, may not be similar to that in the SC&RF Handbook,
for public comment on whether the immediately noticed. If that component but with the addition of the reference to
provision should also apply to other were nonetheless used, the boom/ bar type pendants. (See the discussion
types of booms and components (i.e., component could fail. of this provision at 73 FR 59746, Oct. 9,
those for hydraulic cranes). (See the The points of attachment also need to 2008). No comments were received on
discussion of this provision at 73 FR facilitate the safe handling of these this provision; it is promulgated as
59745, Oct. 9, 2008.) components. (See the discussion of this proposed.
Several commenters stated that proper provision at 73 FR 59745, Oct. 9, 2008.)
blocking is necessary for hydraulic Paragraph (h)(9) Struck by
cranes in addition to lattice boom Counterweights
provision; it is promulgated as
cranes. (ID0213.1; 0205.1; 0118.1.) In proposed. Final 1926.1404(h)(9) requires the
addition, hearing testimony also A/D director to address the potential for
indicated that there is a need for this Paragraph (h)(6) Center of Gravity unintended movement from
requirement to apply to hydraulic In a variety of instances the method inadequately supported counterweights
cranes because they are sometimes used for maintaining stability during and from hoisting counterweights.
assembled or disassembled, at least assembly/disassembly depends on Counterweight is defined in
partially, in the field. (See ID0343.1.) supporting or rigging a component (or 1926.1401 as a weight used to
OSHA has concluded that the set of components) so that it remains supplement the weight of equipment in
requirement is necessary for both balanced throughout the process. In providing stability for lifting loads by
hydraulic and lattice boom cranes and such instances the A/D director is counterbalancing those loads. This
definition is taken from the SC&RF perform the brake test. They point out that the safe assembly/disassembly of
Handbook. (See the discussion of this that CDACs intent in 1926.1404(h) the equipment is not compromised.
provision at 73 FR 59746, Oct. 9, 2008.) was to identify hazards and require that The Committee considered the option
No comments were received on this they be addressed by the A/D director. of establishing a maximum wind speed,
provision; it is promulgated as proposed CDAC designed 1926.1404(h) so that, as well as the option of incorporating
except that OSHA has replaced the for the most part, the A/D director could ANSIs provisions regarding wind
adjective unexpected with determine the procedures (or how to speed. However, it determined that
unintended to remain consistent implement specified requirements) that selecting any one particular speed as a
throughout this section. would be best suited in each situation maximum would be arbitrary because of
Paragraph (h)(10) Boom Hoist Brake to protect against those hazards. They the variety of factors involved. For
Failure also state that, in some cases, the example: different cranes and crane
specific procedure that OSHA referred types vary with respect to the sail area
This provision addresses a hazard that to in the proposed rule preamble could they present; an assembly process
can occur both during assembly and result in a greater hazard. (ID0205.1; involving use of an assist crane may
disassembly, although it is more 0213.1.) require lower wind speeds than one in
typically a hazard during assembly. In OSHA agrees that specifying an which no assist crane is used; and
many older cranes the boom hoist brake overly-detailed procedure to address assembly/disassembly operations done
mechanism has an external or internal this hazard would be inappropriate in the air (that is, with the boom
mechanical brake band that operates by given the myriad of circumstances in elevated in the air, without ground
pressing against the hoist drum. As the which this issue may arise. However, support for the boom) may require lower
configuration of the crane changes and, the Agency also determined that the wind speeds than a boom assembled/
for example, more boom is added, this proposed rules regulatory text did not disassembled on the ground. The
type of boom hoist brake may slip identify the purpose of the provision Committee ultimately decided that a
unless it has been adjusted to hold the with sufficient clarity. Therefore, the better approach would be to have the A/
extra weight. The Committee was final standard does not specify that the D director determine the maximum safe
concerned that the inability of an test has to be performed at a certain time wind speed under the circumstances.
unadjusted brake to hold the increased that is tied to the installation of any Other weather conditions that can
load will not be evident until the particular section, but instead requires a affect the safety of assembly/
additional boom section(s) has been test whenever the A/D director will be disassembly would include, for
added and the operator attempts to rely relying on the boom hoist brake to example, ice accumulation on crane
on the brake in a subsequent phase of function properly. In short, the test components. Ice can both add to the
the operation. If the operator does not needs to be performed, prior to reliance weight of the components and create
first raise the boom a small amount after being placed on the brake, and the test slippery, dangerous surfaces on which
the section has been added (with the needs to accurately account for the employees work. The A/D director must
crew clear of the boom) to test the brake, loads that will be placed on the brake. address weather conditions that affect
employees could be injured later in the The provision in the final rule, the safety of the operation. No
process when the operator manipulates therefore, requires the boom hoist brake comments were received on this
the boom and finds that he/she is to be tested prior to each time reliance provision; it is promulgated as proposed
unable to brake it. on the boom hoist brake is anticipated.
To address this hazard, the employer with a slight rewording for clarity.
is required to test the brake to determine Paragraph (h)(11) Loss of Backward Paragraph (i) [Reserved.]
if it can hold the load. In many cases, Stability
Paragraph (j) Cantilevered Boom
if it is insufficient, an adjustment to the The Committee identified three points Sections
brake will correct the problem. If it during the assembly/disassembly
remains insufficient, the employer is process at which there is a heightened Members of the Committee
required to use a boom hoist pawl, other risk of loss of backward stability. These determined that a common mistake in
locking device, back-up braking device, are: when swinging the upperworks, assembly/disassembly is cantilevering
or another method of preventing during travel, and when attaching or too much boom. When too much boom
dangerous boom movement (such as removing equipment components. is cantilevered, structural failure can
blocking or using an assist crane to Therefore, under this provision, before occur in components such as the mast/
support the load) from a boom hoist any of these occur, the A/D director is gantry, boom sections and lifting lugs.
brake failure. required to consider whether Employees may be struck by falling
The Agency was concerned that the precautions need to be instituted to components from this type of failure. To
text of the proposed provision was not ensure that backward stability is prevent accidents from cantilevering too
sufficiently clear regarding the timing of maintained. No comments were much boom during assembly/
this brake test, so it solicited public received on this provision. However, disassembly, this provision requires
comment on this issue. OSHAs OSHA is not including the drawing manufacturers limitations on
interpretation was that the test would described as Figure 1 in the proposed cantilevering not to be exceeded.
need to be done immediately after each rule. See the discussion of the removal If the manufacturers limitations are
section (or group of sections) is of this figure below in 1926.1405. not available, the employer is required
installed, and after all sections are in Except for the removal of any reference to have a registered professional
engineer (RPE) determine the
place (see 73 FR 59746, Oct. 9, 2008). to figure 1, OSHA is promulgating the

One commenter recommended provision as proposed. appropriate limitations, and to abide by
revising the provision to specify that the those limitations. The Committee
brake be tested prior to the Paragraph (h)(12) Wind Speed and concluded that in such cases there
commencement of lifting. (ID0214.1.) Weather would need to be a requirement that the
However, two other commenters wrote Section 1926.1404(h)(12) requires the RPEs determination be in writing to
that the regulatory text should remain as A/D director to address hazards caused ensure that the assessment has been
is and should not specify when to by wind speed and weather to ensure done.
This provision is promulgated as 1926.1403. (See the discussion of this to the operator or to a signal person
proposed with one grammatical provision at 73 FR 59747, Oct. 9, 2008.) during extension and setting. The
correction to make it clear that it is the commenter suggested that the
Paragraph (o) Shipping Pins
limitations that must not be exceeded. requirement be modified so that it
This provision requires reusable would also apply to the retraction of
Paragraph (k) Weight of Components shipping pins, straps, links and similar outriggers. (ID0053.1.) The commenter
As with any load to be lifted by a equipment to be removed. Once they are indicated that employees can be subject
crane/derrick, the weight of the removed they must either be stowed or to crushing and pinching hazards
components must be available to the otherwise stored so that they do not during outrigger retraction and this
operator so that the operator can present a falling object hazard. No would be less likely to occur if it the
determine if the lift can be performed comments were received for this outrigger had to be visible to the
within the crane/derricks capacity. This paragraph; it is promulgated as operator or signal person during
requirement applies irrespective of proposed. retraction.
whether the component is being hoisted OSHA agrees that crushing and
Paragraph (p) Pile Driving
by the crane being assembled/ pinching hazards exist during outrigger
disassembled or by an assist crane. This provision prohibits equipment retraction. However, 1926.1404(q) is
No comments were received on this used in pile driving operations from designed to prevent the overturning of
provision. OSHA is promulgating this having a jib attached. An attached jib the crane; it does not address the
provision largely as proposed, but has could be dislodged during pile driving crushing and pinching hazards posed by
modified the text to make it clear that operations and cause structural damage operation of the equipment in struck-by
assembly/disassembly is prohibited to the boom, potentially causing the or crushed/by locations outside the
when the weight of each of the boom to fail or diminishing its capacity. operators view. The final rule contains
components is not readily available. (See the discussion of this provision at other provisions that are designed to
73 FR 59748, Oct. 9, 2008.) No address such hazards. (See, e.g.,
Paragraph (l) [Reserved.] comments were received on this 1926.1404(e).) Therefore, the Agency
Paragraph (m) Components and provision; it is promulgated as is not incorporating the commenters
Configuration proposed. suggestion into 1926.1404(q) and is
promulgating the provision largely as
This provision deals with the Paragraph (q) Outriggers and Stabilizers
proposed.
selection of components that will be This paragraph specifies requirements
used to comprise the crane/derrick, the regarding outriggers. (See the discussion Paragraph (r) Rigging
configuration of the equipment, and its of this paragraph at 73 FR 59748, Oct. This paragraph specifies requirements
inspection upon completion of 9, 2008.) regarding rigging during the crane
assembly. (See the discussion of this OSHA received several comments assembly/disassembly process. It
provision at 73 FR 59747, Oct. 9, 2008.) with regard to 1926.1404(q)(2) in includes a requirement for a qualified
No comments were received on this relation to stabilizers. One commenter rigger and sets forth specifications
provision. However, to be consistent stated that it is necessary to add the regarding the use of synthetic slings.
with the requirements of 1926.1403, term stabilizers to the regulatory text CDAC did not focus on the proper
the word prohibition has been added for the provision to properly apply to use of synthetic sling rigging during the
to 1926.1404(m)(1)(i); otherwise, it is articulating cranes. (ID0206.1.) The crane assembly/disassembly process,
promulgated as proposed with the commenter explains that, as opposed to primarily because another standard29
addition of commas to clarify that this outriggers, which are designed to take CFR 1926 Subpart H (Materials
paragraph only applies to the selection all load off of the tires, stabilizers are handling, storage, use, and disposal)
of components and configuration to the designed to relieve some, but not all, of already addresses some of the hazards
extent that either one affects the the sprung weight for the purpose of associated with the use of synthetic
capacity or safe operation of the increasing the stability of the vehicle. slings in construction.
equipment. The commenter believes that the However, after CDAC completed its
Note that another section provision as written in the proposed work, a catastrophic crane collapse
( 1926.1434) allows cranes/derricks to rule would lead to improper use of resulted in a reevaluation of subparts N
be modified under certain stabilizers in such a way that is and H with regard to synthetic slings
circumstances. To the extent a crane/ dangerous and against manufacturer and rigging expertise. On March 15,
derrick is modified in accordance with recommendations. A second commenter 2008, a tower crane in New York City
1926.1434, the employer is not emphasized that cranes equipped with collapsed, killing six construction
required to follow the manufacturers stabilizers (and not outriggers) do not workers. OSHAs investigation of that
original instructions, limitations and raise the wheels off the ground. (ID incident focused on the use of synthetic
specifications regarding component 0292.) slings to hold a bracing collar that was
selection and configuration regarding OSHA agrees with the commenters being installed.
those modifications. Instead, under that it is necessary to address stabilizers The Agency determined that neither
1926.1404(m)(1)(ii), the employer is in 1926.1404(q). With the exception of subpart H (Rigging equipment for
required to follow the component 1926.1404(q)(2), the term stabilizers material handling) nor subpart N
selection and configuration has been added so that each provision specifically address the hazard posed
when a synthetic sling is used in a
requirements approved in accordance also applies to stabilizers. Section

with 1926.1434. 1926.1404(q)(2) does not apply to manner causing compression or
stabilizers because they are not designed distortion of a sling, or when the sling
Paragraph (n) is in contact with a sharp edge. The
to remove all weight from the vehicles
For clarity, OSHA has reserved this wheels. Agency asked for public comment on
paragraph and incorporated its One comment was received in regards whether to prohibit using synthetic
substance in 1926.1403, as explained to 1926.1404(q)(4). Under that slings altogether in the assembly/
above in the discussion regarding provision, each outrigger must be visible disassembly process or, alternatively, to
require padding or similar measures to Also, based on its review of the record, procedures. In such cases, the employer
protect the slings from being damaged the Agency concludes that such slings may only use synthetic slings if it
(see 73 FR 59742, Oct. 9, 2008). must be protected from configurations establishes and implements its own
Commenters generally opposed that could cause compression or procedures under 1926.1403(b) and
prohibiting the use of synthetic slings distortion of the sling, since that can can demonstrate that those procedures,
during assembly/disassembly, as long as also cause failure. For example, including the use of synthetic slings,
appropriate precautions are taken. (See, wrapping a synthetic sling through a meet the criteria requirements in
e.g., ID0205.1; 0213.1; 0343.) V-angled junction point of steel 1926.1406.
Specifically, commenters stated that members in a tower mast section can
synthetic slings have the advantage of cause the sling to compress and distort As noted above, several commenters
helping to prevent damage to equipment under load, compromising its capacity. advocated adding a requirement that
components, but need to be protected As was demonstrated by the March rigging be performed by qualified
from cuts, compression, distortion and 2008 collapse in New York City, such riggers. One local government stated
reduction of capacity, by the use of protection is needed whenever the that although rigging operations are
softeners (i.e., padding). (See, e.g., object that is in contact with the sling critical to completing crane work,
ID0187.1; 0343.) One commenter whether it is a load or something else, rigging operations involve a high level
testified that it does not oppose such as a crane component used to of risk if not performed properly. (ID
synthetic slings if they are listed in the anchor the slinghas such an edge or 0362.1.) The local governments
manufacturers procedures or if they are configuration. Therefore, OSHA is experience supports the proposition that
not specifically prohibited by the including a requirement in the final human error causes most rigging
manufacturer. (ID0343.) Some 1926.1404(r)(2) to protect employees accidents. (ID0362.1.) The New York
commenters also emphasized the need from such synthetic slings hazards crane collapse and the subsequent
for such slings to be properly rated and when used in assembly/disassembly. OSHA investigation further highlight
inspected. (See, e.g., ID0226.) Another OSHA also learned from its
the dangers associated with improper
commenter recommended requiring investigation of the March 2008 collapse
that it is vital that synthetic slings be rigging during assembly/disassembly,
rigging equipment for material handling
to be inspected. One commenter selected and used properly. In and the need to address this hazard was
advocated prohibiting synthetic slings particular, the sling manufacturers supported by all of the commenters who
used in conjunction with tower crane recommendations must be observed addressed this issue. OSHA notes that
erection, unless the manufacturer strictly as the capacity ratings set by the although several commenters pointed to
specifically allows their use. (ID0156.) manufacturer are highly dependent on the need for qualified riggers early on in
Commenters also suggested adding the sling being used as specified by the the comment process, and again during
requirements regarding the manufacturer. (See ID0336.) the hearing, no one expressed any
qualifications and training of riggers. Consequently, employers, even with the disagreement about the need to address
Specifically, several commenters assistance of a qualified rigger, will the hazard by requiring riggers to be
suggested requiring certification of typically not have the ability to develop qualified. This means of addressing the
riggers similar to operator certification safe alternative procedures regarding hazard is consistent with the means that
requirements in 1926.1427. (ID0126; their use. Therefore, the Agency is CDAC applied when it identified a
0132.1; 0136; 0204.1; 0311.1; including a requirement in the final hazard related to rigging in
0362.1.) One commenter opposed 1926.1404(r)(3) (also noted in 1926.1425(c), and the Agency relies on
certification, but supported requiring 1926.1403(b)) that when a synthetic CDACs expertise in selecting the
training. Another suggested third party sling is used during assembly/ appropriate method to address a rigging
certification or licensing of supervisors. disassembly, the sling manufacturers
hazard. OSHA is therefore requiring in
(ID0156.1.) Another advocated instructions, limitations, specifications
1926.1404(r)(1) that all rigging for
employer qualification of riggers. and recommendations must be
followed. crane assembly/disassembly be
(ID0197.1.)
OSHA acknowledges that synthetic Note that 1926.1403 requires that performed by a qualified rigger.
slings have certain advantages, such as the employer comply with all Finally, the fact that the commenters
preventing damage to equipment applicable manufacturer prohibitions. did not limit their suggestions on
components, and no commenters Therefore, if a manufacturer prohibits rigging qualifications to rigging
advocated a prohibition in all instances. the use of synthetic slings during synthetic slings leads the Agency to
OSHA has therefore decided not to assembly/disassembly, OSHA prohibits conclude that all rigging done for
prohibit the use of synthetic slings in that use of such slings. Furthermore, assembly/disassembly, irrespective of
assembly/disassembly. There must, while 1926.1403 requires the employer type, is a safety-critical function. One
however, be adequate safeguards for to comply with either the person testified about how he was
their use. manufacturers or the employers involved with improper rigging which
OSHA agrees with the comment that assembly/disassembly procedures (see led to the death of his coworker. He
stressed the importance of inspecting 1926.1403(a) and (b)), employer stressed the importance of having
slings. However, as 1926.251(a)(1) procedures may be used only if the qualified riggers, stating that in his
already requires that all rigging employer meets a two-prong test. First, experience most of the accidents he has
equipment be inspected, no additional the employer must not be using seen and been involved with or
requirement is needed in subpart CC synthetic slings. Second, the employer

investigated have involved problems
regarding the inspection and removal of must demonstrate that its procedures
with rigging. (ID0343.)
synthetic slings. meet the requirements in 1926.1406.
The Agency finds that it is vital that There may be cases in which the After considering the record, OSHA is
synthetic slings be protected from equipment manufacturer does not including the qualified rigger
abrasive, sharp or acute edges, since any prohibit the use of synthetic slings requirement in the final rule and it
of those conditions can damage a during assembly/disassembly, but applies to all rigging used for assembly/
synthetic sling, resulting in a failure. identifies wire rope slings in its disassembly.
Section 1926.1405 Disassembly follow the provisions would very likely 1926.1406 as proposed for the reasons
Additional Requirements for result in unintended movement and/or explained in the preamble to the
Disassembly of Booms and Jibs (Applies collapse of the components. OSHA proposed rule, with several minor
to Both the Use of Manufacturer agrees that these requirements will help clarifications.
Procedures and Employer Procedures) to prevent unintended movement or In 1926.1406(a), the phrase
Section 1926.1405 requires that none collapse of booms or jibs as they are assembly/disassembly replaces
of the pins in the pendants be removed being disassembled. assembling or disassembling to make
Several comments were received this section consistent with other
(partly or completely) when the
regarding the illustrations in this section sections of the rule. Also in
pendants are in tension. In addition,
of the proposed rule. Two commenters 1926.1406(a), OSHA has removed the
none of the pins (top or bottom) on
noted the illustration of a tower crane in phrase are designed to to increase
boom sections located between the
figure 2 of the proposed rule and clarity. In 1926.1406(a)(1), the phrase
pendant attachment points and the
suggested it be replaced with a mobile any part replaces all parts to make it
crane/derrick body are to be removed, crane. (ID0205.1;0213.1.) Two
partly or completely, when the pendants clear the duty to prevent dangerous
commenters recommended that figures movement in any part of the equipment.
are in tension. None of the pins (top or 4 and 6 be changed such that no pins
bottom) on boom sections located This provision is otherwise promulgated
would be permitted to be removed as proposed with several grammatical
between the uppermost boom section without blocking the entire boom. (ID
and the crane/derrick body are to be corrections.
0131.1; -0292.) Specifically, these
removed, partly or completely, when commenters did not believe that the Sections 1926.14071926.1411 Power
the boom is being supported by the bottom boom connecting pins could be Lines
uppermost boom section resting on the removed due to the weight of the Introduction
ground (or other support). Finally, none cantilevered boom exerting force on
of the top pins on boom sections located these bottom connecting pins. They Final 1926.1407 through 1926.1411
on the cantilevered portion of the boom stated that if there was sufficient contain requirements designed to help
being removed (the portion being clearance between the connecting lugs ensure the safety of employees while
removed ahead of the pendant to enable the pins to be removed, the cranes/derricks are being assembled,
attachment points) are to be removed boom could move downward upon the disassembled, operated, or while they
(partly or completely) until the removal of the pins. travel under power lines.
cantilevered section to be removed is Based upon CDACs expertise, Previously, subpart N, in former
fully supported. (See the discussion of OSHA determines that figures 2, 4 and 1926.550(a)(15), addressed power line
these requirements at 73 FR 59748, Oct. 6 in the proposed rule were accurate hazards by specifying the minimum
9, 2008.) depictions as to blocking, but the distance that must be maintained
The Committee determined that many proposed arrows may have been between a crane and an energized power
of the accidents associated with cranes confusing to the extent that commenters line. For lines rated 50 kilovolts (kV) or
occur during the removal of pendant, incorrectly understood that the removal below, the minimum distance was 10
boom and jib pins. The Committee of pins would be allowed where arrows feet; for lines over 50 kV, the minimum
determined that accidents typically did not appear. To avoid confusion, distance was generally 10 feet plus 0.4
occur because of a failure to recognize OSHA is not including any of the inches for each 1 kV over 50 kV (we will
that, in certain situations, particular assembly/disassembly figures from the refer to this subpart N requirement in
pins are in tension. If partly or fully proposed rule in the final rule. this preamble as the 10-foot rule).
removed while in that state the result However, the subpart N provisions,
can be unplanned movement of a Section 1926.1406 Assembly/ which instructed employers to maintain
component or the collapse of the boom DisassemblyEmployer Procedures a minimum clearance distance, did little
or jib. General Requirements by way of requiring employers to
Consequently, the Committee Section 1926.1406 sets requirements implement measures to help prevent
concluded that the removal of pendant, that must be met if an employer elects operators from inadvertently breaching
boom section and jib pins warrants to use its own procedures for that distance. The only preventative
heightened attention. This section assembling and disassembling a crane/ measure in subpart N was a
focuses on protecting employees from derrick instead of those of the requirement, in former
these hazards during the dismantling of manufacturer. (See the discussion of 1926.550(a)(15)(iv), to use a spotter
booms and jibs, either when this provision at 73 FR 59748, Oct. 9, where it is difficult for the operator to
disassembling the crane/derrick or 2008.) maintain the desired clearance by visual
when changing the length of a boom or One commenter wrote that, to ensure means. In discussing how to reduce
jib. To make clear that dismantling safe assembly and disassembly, power line fatalities, the Committee
includes activities such as shortening a employer procedures must not be determined that a systematic, proactive
boom, final 1926.1401 defines allowed. In the preamble to the approach to preventing power line
dismantling to include partial proposed rule, OSHA explained its contact is needed (see the Agencys
dismantling (such as dismantling to rationale and the basis of CDACs explanation for the need for these
shorten a boom or substitute a different recommendation that employer provisions in the proposed rule
component). procedures be allowed where they meet preamble at 73 FR 5974859750, Oct. 9,
In this section, the Committee the specified criteria in 1926.1406.
2008).
identified particular scenarios that, in (See full discussion at 73 FR 59742,
the experience of many of the 59748, Oct. 9, 2008). The commenter Brief Overview of Requirements
Committee members, pose specific did not challenge the rationale or The standard requires the
hazards in disassembly if the wrong provide any evidence of why employer implementation of a systematic,
pins (that is, pins that are in tension) are procedures that comply with proactive approach to dealing with the
partly or completely removed. The 1926.1406 would be insufficient. The hazard of power lines. This approach is
Committee concluded that the failure to Agency is therefore adopting comprised of the following steps: (1)
Identify the work zone and assess it for prevent the crane from breaching a a contractual matter between the parties
power linesdetermine how close the minimum clearance distance and involved.23
crane could get to them. The employer protect against electrocution. The
Section 1926.1407 Power Line Safety
has the option of doing this assessment employer is allowed to choose among
(Up to 350 kV)Assembly and
for the area 360 degrees around the several minimum clearance distance
Disassembly
crane or for a more limited, demarcated options.
area; (2) If the assessment shows that the For example, for lines up to 350kV, The requirements in 1926.1407
crane could get closer than a trigger the minimum clearance distance address the hazards of assembling and
distance20 feet for lines rated up to options would be: (1) 20 feet; or (2) the disassembling equipment near power
350 kV (50 feet for lines rated over 350 distance specified in Table A of lines up to 350 kV. The requirements in
kV)then requirements for additional 1926.1408 for the lines voltage (Table 1926.1407 are similar in most respects
action will be triggered. A is the 10-foot rule; see discussion of to the requirements in 1926.1408,
The voltages given in the final rule are Table A in discussion of 1926.1408); which address operations of equipment
phase-to-phase system voltages on the or (3) a distance closer than what is near power lines.
power lines. It should be noted that the specified in Table A. One commenter suggested that OSHA
system voltages for power lines However, there are limitations to the amend 1926.1407 to include cranes
generally take three forms. First, there is availability of some of these options, used to assist the assembly and
the actual voltage on the line. This and the number of mandatory disassembly of other cranes. (ID0131.)
voltage varies from one moment to the encroachment prevention (and other) As OSHA noted in the preamble to the
next as conditions on the power line measures increases when using a proposed rule, when an assist crane is
change. Second, there is the nominal clearance distance closer than Table A. used during the assembly or
voltage on the line that is used to A commenter stated that use of the disassembly of another crane/derrick,
designate its voltage. The actual term employer was confusing when the use of the assist crane, with respect
operating voltage varies above and there are multiple employers on a given to power line safety, would be
below this voltage. (See the definition of construction site, and raised the issue of considered operations and therefore
voltage, nominal in subpart K of the whether each employer was responsible covered by 1926.1408 (or, for power
Construction Standards, 1926.449.) for employing its own dedicated spotter lines over 350 kV, 1926.1409). This is
Third, there is the maximum operating and its own set of barricades and similar because the assist crane has already
voltage on the line. This represents the safety measures. (ID0143.1.) been assembled and is being used for a
In general, except where otherwise crane operation. Therefore, use of the
maximum voltage that can appear on a
specified in this standard, the assist crane must comply with
power line and is 5 percent above the
requirements of this standard apply to 1926.1408 during the assembly/
nominal voltage on the line. (See IEEE
employers whose employees are disassembly process rather than with
Std. 5162009.) For purposes of the
exposed to hazards addressed by this 1926.1407.
final rule, the power line voltage is the In contrast, a crane that is not yet
standard, and also to other employers in
maximum operating voltage for that fully assembled is often used to
certain situations as explained in
line. This approach, which is consistent OSHAs multi-employer policy (see complete its own assembly. For
with the determination of minimum OSHA CPL 0200124, Multi-Employer example, a crane is often used to load
approach distances in 1910.269,22 Citation Policy, Dec. 10, 1999). For its own counterweights. Similarly, it
ensures that the minimum clearance example, with respect to situations in may unload its counterweights in its
distance is appropriate when the voltage which barricades, a dedicated spotter, or own disassembly process. Such
on the line rises to its maximum. The other measures are required under activities would be covered under
following table lists the maximum 1926.14071926.1411, each such 1926.1407 since it is being assembled/
operating voltages over 50 kV for power employer is responsible for ensuring disassembled. Therefore, the provision
line systems commonly found in the that the required measures are in place. is promulgated in the final rule without
U.S. However, that does not mean that each change.
employer is required to install or
Maximum Paragraph (a)
Nominal voltage range operating provide duplicate sets of those
(kV) voltage measures. In multiple employer Under this paragraph, before
(kV) 1 worksites, one employer may rely on beginning assembly or disassembly, the
measures provided by another employer employer must determine if any part of
46.1 to 72.5 ........................ 72.5 the crane, load or load line (including
as long as those measures meet the
72.6 to 121 ......................... 121 rigging and lifting accessories) could
138 to 145 .......................... 145 requirements of the standard.
Several commenters asked that OSHA get, in the direction or area of assembly,
161 to 169 .......................... 169
230 to 242 .......................... 242 specify in the standard that utility closer than 20 feet to a power line.
345 to 362 .......................... 362 owner/operators may charge fees for the As stated in the preamble of the
500 to 550 .......................... 550 services they are required to perform proposed rule, the phrase in the
765 to 800 .......................... 800 under the standard. (ID0155.1; direction or area of assembly/
0203.1.) For example, where the disassembly was included to address
Source: 29 CFR 1910.269 Table R6 and the fact that, in some cases, the
Appendix B to that section. employer uses 1926.1408(a)(2)(iii)s
Note 1: This is the voltage of the power Option (3) for setting the clearance assembly or disassembly of a crane takes
line for the purposes of the final rule. place not just in an area, that is, a
distance (i.e., the clearance distance

Unless the power lines are under Table A), under 1926.1408(c), fixed portion of the work site, but also
deenergized and grounded, the utility owner/operator must provide in a direction. For example, when
encroachment/electrocution prevention requested voltage information within 23 Note that in the Regulatory Flexibility Analysis,
measures have to be implemented to two working days of the request.
OSHA has assumed that the cost of providing this
The standard does not address the information would be passed on to the employer
22 For further information, see Appendix B to issue of fees; the Agency determined requesting the information, not the utility owner/
1910.269. that fees will generally be addressed as operator. See section V.B of this preamble.
disassembling a crane, the disassembly commenters were concerned that the One commenter requested that OSHA
process takes place in an area that three compliance options in provide guidance on whether written
includes the area under and around the 1926.1407(a) could be construed as a confirmation of deenergization and
booms path as it is lowered to the prioritization of compliance grounding from the utility owner/
ground (in most, but not all cases, the preferences, e.g., a preference for operator will be required. (ID0214.1.)
boom is lowered to the ground for the deenergization over the other options. He further recommended that the
disassembly process). Under this (ID0203.1; 0214.1.) In response, requested guidance should be set forth
provision, the employer must assess the OSHA wishes to clarify that the three in the regulatory text rather than in the
proximity that the boom will be in to options are in no particular order. In the preamble if OSHA expects employers to
the power line in its path of travel to Agencys view they represent three obtain a written confirmation. OSHA
(and on) the ground. adequately protective compliance did not determine that written
Two commenters expressed confusion methods. The standard offers employers confirmation is necessary. As long as
about the meaning of the phrase in the the flexibility to select the method most the utility owner/operator confirms that
direction or area of assembly/ suitable for each specific work situation. the line is deenergized and it is visibly
disassembly. (ID0122; 0178.1.) grounded, employee safety is assured.
CDACs intent in including this phrase Paragraph (a)(1) Option (1)
Thus, the final rule does not require
was to ensure that employers make the An employer choosing Option (1) of written confirmation that the line is
initial 20-foot clearance assessment this section will protect against deenergized.
based on not only the area which the electrocution by having the power lines For a discussion of comments related
crane equipment occupies at the deenergized and visibly grounded. to the requirement for visible grounding,
beginning of the assembly/disassembly Where the employer elects this option, see the section later in this preamble
process, but also with respect to other it will not have to implement any of the addressing 1926.1408(a)(2)(i).
areas radiating from the initial area, encroachment/electrocution prevention One commenter suggested that in
both horizontally and vertically, that measures listed in 1926.1407(b). This some situations deenergizing and
will be occupied as the equipment option helps to minimize the electrical grounding could place the utility
components are added, removed, raised, hazards posed by power lines.26 owner/operator in conflict with other
and lowered during the assembly/ A number of commenters confirmed Federal and State regulatory
disassembly process. For example, the Committees determination that requirements. (ID0203.1.) The
when assembling a lattice boom crane, because of the time and cost commenter did not provide information
the area involved will expand as boom considerations in arranging for the for OSHA to consider regarding any
sections are added.24 This area expands utility owner/operator 27 to deenergize specific conflicts, and OSHA has not
in the direction in which the boom and ground the line, deenergizing and identified any such conflicts. Moreover,
sections are added. The power line grounding has not been routinely done. in the event that such a conflict does
assessment has to be made for the (ID0155; 0203; see the discussion in arise, the employer could choose, as an
portion of the site that will be involved the proposed rule preamble of alternative to deenergizing, Options (2)
as these boom sections are added. deenergizing and grounding with regard or (3) as described below.
As stated in the preamble to the to proposed 1926.1408(a)(2)(i), 73 FR This paragraph is being adopted
proposed rule, direction includes the 59755, Oct. 9, 2008.) without change from the proposal.
direction that, for example, the boom Therefore, OSHA continues to
will move as it rises into the air after the Paragraph (a)(2) Option (2)
conclude that providing other safe and
boom has been assembled on the practical options in the final rule will Under Option (2) ( 1926.1407(a)(2)),
ground. For example, the boom, when help to reduce unsafe practices in the the employer is required to maintain a
fully assembled on the ground, may be minimum clearance distance of 20 feet.
industry. Those other options (Options
more than 20 feet from a power line. To help ensure that this distance is not
(2) and (3) in 1926.1407(a)) combined
However, when raising it from the breached, the employer has to
with 1926.1407(b) are designed to be
ground, it may get closer than 20 feet. implement the encroachment
effective protection against the hazards
Accordingly, under this language, the prevention measures in 1926.1407(b).
of electrocution.
direction that the boom will travel as Under this option, no part of the
it is raised must also be evaluated for employer is not required to take any further action equipment, load or load line, including
proximity to power lines. under this section. However, the employer may rigging and lifting accessories, is
Another example is the assembly of a encounter a situation where it needs to get closer permitted closer than 20 feet to the
tower crane. As tower sections are than anticipated to the power lines during the
power line.
added, the assembly process may reach assembly/disassembly process. In such a case the
employer is required to go back and conduct a new Employers using this option will have
a point where components are closer to 20 foot trigger assessment. to stay further away from the power line
power lines than when the process 26 Grounding the lines helps minimize the
than had been required under subpart
began. That direction of assembly electrical hazard from possible reenergizing of the
Ns 10-foot rule (employers wanting to
upwards must also be evaluated. lines; however, some voltage will still appear on the
line until the circuit protective devices open the use the 10-foot rule would have to use
If an employer determines that the 20
circuit. In addition, under certain conditions, the Option (3), discussed below).28
foot trigger determination is positive, circuit protective devices will not open the line,
then the employer is required to take However, an advantage of this option to
and the voltage will remain.
additional steps. Specifically, the 27 OSHA notes that the phrase utility owner/
many employers is that they do not have
employer must meet the requirements operator reflects scenarios where utilities may not to determine the voltage of the power
under either Option (1), Option (2), or be operated by an owner but by some entity other line; they only have to determine that
Option (3) of 1926.1407(a).25 Some
than the owner. Therefore wherever the phrase the line voltage is no more than 350 kV.
utility owner/operator is used in the standard or Under the old subpart N formula, an
in the preamble it is meant to apply to utility
24 This also occurs with telescopic extensible owners or utility operators. The final rule also uses employee was required at most to
boom cranes when a dead man section is added the word utility in its broadest sense. It includes
to the boom. traditional utilities as well as other entities (such as 28 As discussed above, the 10-foot rule requires
25 If no part of the crane, load or load line could steel or paper companies) that own or operate the varying clearance distances increasing with voltage
come closer than 20 feet to a power line, the power lines. with clearance distances that begin at 10 feet.
maintain a 20-foot distance away from without having to obtain voltage prevent encroachment and
a power line. Under the new option, information from utilities provides electrocution.
employees are required to stay at least employers with a viable alternative to In the planning meeting, the employer
20 feet away from the power line, so the obtaining voltage information without is required to select a protective
Committee determined that there would compromising the safety of workers. measure from paragraph (b)(3) of this
be no diminution of safety under this This section of the final rule provides a section (see discussion below) and
new option. In fact, in the Committees mechanism by which employers can, review all the measures that will be
experience, most power lines using Table A, perform work with used to comply with this section.
encountered by most employers have clearance distances of less than 20 feet. The purpose of the meeting
voltages that, under the current subpart It is promulgated as proposed.29 requirement is to ensure that the
N formula, require a minimum operator and other workers who will be
Paragraph (b) Preventing in the area understand these measures
clearance distance of 10 feet. Therefore,
Eencroachment/Electrocution and how they will be implemented.
use of this option will result in a higher
margin of safety. Employers who do not Once an employer has determined That understanding is important to their
need to get closer than 20 feet to that some part of the crane, load or load successful implementation. Because of
assemble/disassemble the crane could line could come within the trigger the critical nature of these measures,
use this option and would be saved the distance of 20 feet of a power line (see and the seriousness of the consequences
step of obtaining the line voltage. 1926.1407(a)), if it chooses either to the safety of the employees if they are
As noted above, in addition to Option (2) or (3) of 1926.1407(a) it is not implemented correctly, the
maintaining a minimum clearance required to implement encroachment Committee concluded that it is
distance of 20 feet, employers using this prevention measures to help ensure that necessary for there to be a structured
option are required to implement the the applicable minimum clearance process by which the employer
encroachment prevention and other distance (20 feet under Option (2) or the communicates this information.
measures specified in 1926.1407(b). Table A distance under Option (3) is not As noted below, a planning meeting
breached.30 to discuss implementing encroachment
Paragraph (a)(3) Option (3) Most of the measures in this prevention measures is also required
Under Option (3) ( 1926.1407(a)(3)), paragraph are designed to help the under 1926.1408(b)(1). Refer to the
the employer is required to maintain a employer maintain the appropriate preamble section related to that
minimum clearance distance in clearance distance and thereby prevent provision for a discussion about public
accordance with Table A of 1926.1408. electrical contact while in the process of comments received regarding
Under Table A, depending on the assembling or disassembling equipment. responsibilities for ensuring that such a
voltage of the power line, the minimum One of the measures is designed to meeting takes place. That discussion is
clearance distance ranges from 10 feet to prevent electrocution in the event of equally relevant to this section. With the
20 feet for lines up to 350 kV. Under electrical contact. exception of the use of the term
this option the employer is required to director instead of supervisor, as
Paragraph (b)(1)
determine the lines voltage. explained above, this section is
As a practical matter, in the Under paragraph (b)(1) of this section, promulgated as proposed.
Committees experience, the power lines the employer is required to conduct a
most typically encountered by most planning meeting with the Assembly/ Paragraph (b)(2)
employers would require a minimum Disassembly Director 31 (A/D Director), Paragraph (b)(2) of this section
clearance distance of 10 feet under operator, assembly/disassembly crew requires that where tag lines are used
Table A. As a result, employers can and other workers who will be in the they must be nonconductive. This
assemble/disassemble equipment closer assembly/disassembly area (including provision uses two terms that are
to power lines under this option than the area of the load). This planning defined in 1926.1401. Tag lines is
under Option (2). meeting must include reviewing the defined as a rope (usually fiber)
Table A is based upon the same location of the power line(s) and the attached to a lifted load for purposes of
formula that was used in subpart N (the steps that will be implemented to controlling load spinning and pendular
10-foot rule) and is similar to Table 1 in motions or used to stabilize a bucket or
29 The proposed regulatory text for
ASME B30.52004. Unlike subpart N, magnet during material handling
1926.1407(a)(3)(i) used the phrase minimum
which had required employers to clearance distance while that for
operations. Thus, one end of a tag line
calculate the minimum clearance 1926.1407(a)(3)(ii) used minimum approach is attached to the load and the other end
distance from a formula, Table A sets distance. For consistency, OSHA has, in is held by an employee who controls the
forth specified clearance distances in a 1926.1407(a)(3)(ii), changed the phrase minimum loads motion by exerting force on the
approach distance to minimum clearance
readily understood table and requires no distance. Provisions in 1910.269 and proposed line.
calculations. In addition to maintaining subpart V of 29 CFR 1926 use the phrase minimum If the equipment or load were to make
the minimum clearance distance approach distance. OSHA believes that employers electrical contact with a power line
specified in the Table, employers using who are covered by those standards are familiar while an employee was holding a tag
with that term. In contrast, the Agency believes that
this option are required to implement employers that do not perform electric power work
line that was able to conduct electricity,
the encroachment prevention and other will better understand the term minimum the employee could be electrocuted. The
measures specified in proposed clearance distances. OSHA considers the terms requirement that the tag line be
1926.1407(b). approach distance and clearance distance to be nonconductive is designed to protect
interchangeable; no substantive distinctions are
Several commenters verified CDACs against such an event. Section
intended.
determination that obtaining voltage 30 Alternatively, under Option (1), the employer 1926.1401 defines nonconductive as
information in practice can often be could have the lines deenergized and grounded. If meaning that, because of the nature and
difficult and time-consuming. (ID0118; Option (1) were selected, no further action under conditions of the materials used, and
0143.1; 0146.1; 0155.1.) OSHA this section would be required. the conditions of use (including
31 As explained in the preamble accompanying
determines that providing a mechanism 1926.1404, the term assembly/disassembly
environmental conditions and condition
under 1926.1407(a)(2) (Option (2)) to director replaces the proposed term assembly/ of the material), the object in question
proceed with construction operations disassembly supervisor. has the property of not becoming
energized (that is, it has high dielectric Agency concludes that this guidance is dedicated spotter must have the
properties offering a high resistance to sufficient to help employers determine qualifications required of a signal
the passage of current under the whether their tag lines meet the person under 1926.1428, discussed
conditions of use). definition and has therefore, declined to below. Those qualifications will ensure
This definition recognizes that it is specify test procedures in the final rule. that the signal person can communicate
not only the inherent property of the tag The provision is promulgated as effectively with the operator. They also
line material that results in it being proposed, without change. ensure that the signal person is
nonconductive but also the conditions knowledgeable about crane dynamics
of use. For example, in some cases, if an Paragraph (b)(3)
and therefore is able to recognize
otherwise nonconductive material were Under this paragraph the employer is situations in which the minimum
to become wet and therefore able to required to implement one of five listed clearance distance may inadvertently be
conduct electricity, it would no longer encroachment prevention measures breached if, for example, the load is
qualify as nonconductive under this ( 1926.1407(b)(3)(i) through (v)). The stopped quickly while it is being moved
paragraph. Committee concluded that the use of near a power line.
One commenter requested that OSHA any one of these measures, in One commenter requested that OSHA
specify test procedures to assist combination with the required measures include a clarification that the dedicated
employers in making the determination listed elsewhere in 1926.1407(b), spotter can also be the signal person.
of whether a tag line is nonconductive. would be feasible and effective in (ID0292.1.) As noted in the definition
(ID0178.1.) CDAC considered the protecting against encroachment. of dedicated spotter quoted above,
utility of setting specifications for Specifically, the employer is required to although the dedicated spotter must be
materials required to be nonconductive choose either: (i) The use of a dedicated a qualified signal person under the
but determined that it would be spotter; (ii) a proximity alarm; (iii) a requirements of 1926.1428, that
impractical. American Society for device that automatically warns the definition also mandates that the sole
Testing and Materials (ASTM) Standard operator when to stop (i.e., a range responsibility of the dedicated spotter
Specification for Unused Polypropylene control warning device); (iv) a device be to ensure the required separation
Rope With Special Electrical Properties, that automatically limits the range of between the power line and the
ASTM F170105 contains specifications movement of the equipment; or (v) an equipment, the load line, and the load
and test methods for live-line rope used elevated: warning line, barricade, or line (including loading and lifting
in electric power work. These ropes are of signs, in view of the operator, accessories). Thus, in situations where
used to insulate power line workers equipped with flags or similar high- the equipment operator requires the
from energized power lines. Tag lines visibility markings. Providing the ability assistance of a signal person to provide
meeting this standard are acceptable to choose among these options gives the signals related to maneuvering the
under the final rule. However, to meet employer flexibility so that it can pick equipment or the load other than
the requirement for nonconductive tag one that is well suited and efficient in maintaining the required power line
lines, they need not meet this standard, the circumstances. clearance distance, a different person
which requires a degree of insulation A definition of dedicated spotter must serve as signal person.34
beyond that intended by the final rule. (power lines) is included in The devices listed in
In addition, several other OSHA general 1926.1401, Definitions. A dedicated 1926.1407(b)(3)(ii) and (iii) are also
industry and construction standards call spotter must meet the signal person defined in 1926.1401. A proximity
for nonconductive materials, including qualification requirements of alarm, is a device that warns of
1910.268(n)(13)(ii) (requiring 1926.1428 and his/her sole proximity to a power line and must be
nonconductive measuring devices to responsibility must be to watch the listed, labeled, or accepted by a
measure clearance distances from separation between the power line and Nationally Recognized Testing
overhead power lines), the equipment, load line, and load, and Laboratory in accordance with
1910.269(l)(6)(i) and 1910.333(c)(8) to ensure through communication with 1910.7.35 A Nationally Recognized
(requiring metal articles worn by the operator that the applicable Testing Laboratory is an organization
employees to be rendered minimum distance is not breached. that has been recognized by OSHA
nonconductive), and 1926.955(a)(8) When the employer uses a dedicated pursuant to 1910.7 as competent to
(requiring nonconductive tag lines). In spotter to prevent encroachment under evaluate equipment for conformance to
general these and other standards that this section, that person has the critical appropriate test standards for that type
call for nonconductive materials require responsibility of ensuring, through of equipment. Thus, approval of a
the use of insulating material that does communication with the operator, that
the equipment maintains a specified definition section, the dedicated spotters duty to
not have a voltage rating; thus, there is maintain the required separation from the power
no need to specify a test method. In fact, minimum clearance distance from a line must be his/her sole responsibility.
setting test criteria for these materials power line. This definition makes clear 34 If a dedicated spotter also served as a signal
would produce a voltage rating and that the dedicated spotter cannot have person for purposes other than maintaining the
any other responsibilities.33 The clearance distance, the dedicated spotter would be
render them insulating rather than vulnerable to a typical cause of power line
nonconductive. (Because nonconductive contactfocusing on something else and forgetting
materials have no voltage rating, there is fibers or conductive sheaths or reinforcement about, or being distracted from, maintaining the
would render the tag line conductive. clearance distance.
still a risk of injury from electric shock 33 The preamble language of the proposed rule 35 The CDAC version of this provision defined
should contact occur. However, these stated that the dedicated spotter cannot have any
proximity alarm as: a device that provides a

materials reduce that risk substantially.) other responsibilities that detract him/her from this warning of proximity to a power line that has been
In practice, under dry conditions task. (73 FR 59752, Oct. 9, 2008.) The phrase that approved by a Nationally Recognized Testing
nonmetallic fiber rope typically satisfies detract him/her from this task incorrectly implied Laboratory. OSHA has modified the provision to
that a dedicated spotter could have other tasks conform its language to that used in 1910.7, the
the definition for nonconductive.32 The provided those other tasks did not distract the OSHA rule governing nationally recognized testing
dedicated spotter from his/her task of maintaining laboratories, and to explicitly refer to 1910.7 to
32 Wet, muddy, or high humidity conditions can the required separation between the power line and make clear that the listing, labeling, or acceptance
cause such rope to stop being nonconductive. the equipment, the load, and the load line. This of a device under this rule must be accord with
Similarly, the presence of metal or other conductive implication was incorrect. As stated in the 1910.7.
proximity alarm by a nationally therefore reflects the change described would make electrical contact is very
recognized testing laboratory provides above. high. Also, in both assembly and
assurance that the device will work as In situations where an employer disassembly, maneuvering an assembled
intended. (For a discussion of public chooses the option of using a dedicated crane out from under the power lines,
comments submitted relating to spotter to prevent encroachment under or maneuvering a crane that is about to
proximity alarms, see discussion of 1926.1407(b)(3), the employer is be disassembled under them, itself
1926.1408(b)(4).) A range control required to meet the requirements for poses a high risk of such contact.
warning device, is defined in spotters in 1926.1407(b)(3)(i). As CDACs agreement on this provision
1926.1401 and is a device that can be specified in paragraph (b)(3)(i)(A) of this indicates a determination by the
set by an equipment operator to warn section, the spotter must be equipped Committee that, in almost all cases, the
that the boom or jib tip is at a plane or with a visual aid to assist in identifying employer can plan the assembly/
multiple planes. the minimum clearance distance. The disassembly so that there will be no
OSHA realized that some of the Committee concluded that a visual aid need to be beneath power lines. The
devices listed in 1926.1407(b)(3) is needed for the spotter because of the Committee and OSHA also concluded
would not be operational or effective difficulty in visualizing the minimum that, in the very few instances where
against electrocution during certain clearance distance boundary in the air. this is not possible, in light of the
phases of the assembly or disassembly Under paragraphs (b)(3)(i)(B)(D) of extreme risk involved, it is essential that
process of certain types of cranes. For this section, the spotter must be the lines be deenergized and visibly
example, for lattice boom cranes, positioned so that he/she can effectively grounded. No comments were received
proximity alarm devices may not be able gauge the clearance distance from the on this provision; it is promulgated as
to be used when the boom is not yet power line; the spotter, where proposed.
fully assembled; at that point the necessary, must use equipment that
Paragraph (d) Assembly/Disassembly
proximity alarm typically cannot be enables him/her to communicate
Closer Than Table A Clearance
connected and functioning. Therefore, directly with the equipment operator;
Prohibited
during certain phases of assembly/ and the spotter must give timely
information to the operator so that the Assembly and disassembly of cranes/
disassembly, one of the other options
required clearance distance can be derricks closer than the minimum
would need to be used (such as a
maintained. CDAC determined that clearance distance in proposed Table A
dedicated spotter) to provide the needed
each criterion is needed for the spotter of 1926.1408 to an energized power
protection.
to be able to be effective. line is prohibited under this paragraph.
However, the proposed regulatory text
One commenter on this provision If assembly or disassembly needs to take
would have permitted an employer to
asked whether an airhorn is appropriate place closer than that distance, the
select an option under paragraph (b)(3)
communication equipment for purposes employer is required to have the line
of this section irrespective of whether it
of paragraph (C). (ID0120.) OSHA deenergized and visibly grounded. The
would be effective under the
determines that an airhorn would not rationale for this provision is similar to
circumstances. To address this concern,
enable the dedicated spotter to that discussed above for assembly/
OSHA requested public comment on
communicate with the operator as disassembly beneath power lines (that
whether to modify proposed
effectively as a radio, telephone, or rationale is set forth in the discussion in
1926.1407(b)(3) to preclude the
other electronic communication device, the proposed rule preamble of proposed
employer from selecting an option that, 1926.1407(c), 73 FR 59753, Oct. 9,
in the employers situation, would be and, in any event, might not be an
effective means of communication on a 2008). Engaging in assembly/
ineffective, such as by revising the disassembly activity closer to an
provision to read: noisy construction site; therefore, OSHA
does not consider use of an airhorn to energized power line than the Table A
(3) At least one of the additional measures distance was considered by the
constitute compliance with paragraph
listed in this paragraph must be in place. The Committee to be too hazardous to be
measure selected from this list must be (C).36
permitted under any circumstances.
effective in preventing encroachment. The Paragraph (c) Assembly/Disassembly This reflects certain inherent
additional measures are: * * *. Below Power Lines Prohibited characteristics of the assembly/
Two of four commenters on this issue This paragraph precludes employers disassembly process that preclude the
supported amending the language of from assembling or disassembling employer from being able to reliably
this provision as described above. (ID cranes/derricks beneath energized maintain clearance distances closer than
0067; 0118.) The two commenters who power lines. The Agency agreed with Table A of 1926.1408. For example,
disagreed with requiring that the chosen the Committees conclusion that when disassembling a lattice boom, pins
method be effective in preventing assembly/disassembly below energized that hold boom sections together are
encroachment thought that this power lines presents an extreme risk removed. Even when done properly,
provision would prove problematic for and needs to be prohibited. The this can release stored kinetic energy
employers; they favored the original assembly/disassembly process and cause the boom section being
wording from the Committee that did necessarily involves moving and removed, as well as the remaining
not specifically require efficacy. (ID hoisting parts of the equipment into sections, to move. It is too difficult to
0205.1; 0213.1.) These latter two place. If some of this work takes place estimate the amount of such potential
commenters did not present any beneath a power line, the risk that a movement with the precision that
evidence to counter OSHAs concern
part, load, load line, or other equipment would be necessary when working
that some of the listed encroachment closer than the Table A distances.
prevention measures may not be fully 36 The cross-reference to 1926.1420 originally Another example is when assembling
effective under all circumstances. OSHA included in this provision as proposed was deleted a boom, an error in the assembly process
concludes that prudence dictates in the final rule for consistency with the parallel may similarly cause unanticipated
provisions for dedicated spotters in
amending this provision to require that 1926.1408(b)(4)(ii)(C) and 1926.1410(d)(2)(iii).
movement. Using clearances closer than
the selected measure be effective in This is a ministerial change not intended to have those in Table A would not allow
preventing encroachment; the final rule any substantive enforcement implications. sufficient room in light of the difficulty
of predicting the amount of such prescribe the use of labels or other requirements that target electric
movement.37 appropriate forms of warning as are utilities. OSHA disagrees. Section 4(a)
This paragraph is being adopted as necessary to insure that employees are broadly provides that the OSH Act
proposed. apprised of all hazards to which they applies with respect to employment
are exposed * * * and proper performed in a workplace, 29 U.S.C.
Paragraph (e) Voltage Information
conditions and precautions of safe use 653(a), and does not bar the statutes
This section operates in conjunction or exposure. 29 U.S.C. 655(b)(7). Thus, application to any class of employers.
with 1926.1407(a)(3). Under OSHA may include information- Section 4(a) contains no language to
1926.1407(a)(3), employers who elect gathering requirements among the suggest that the Acts application
to use Option (3) of 1926.1407(a) must provisions of a standard. Section depends on the relationship between
determine the lines voltage. Under 1926.1407(e) falls within the scope of the employees at risk and the employer
1926.1407(e), where the employer asks sec. 6(b)(7), because voltage information with the power to reduce their risk.
the utility owner/operator for that is necessary to the determination of safe Additionally, the commenter stated
voltage information, the utility owner/ clearance distances for employees who that 1910.12(a) precludes OSHA from
operator of the line is required to work near power lines. regulating electric utilities, because
provide the voltage information within The Agency previously exercised its employees of electric utilities will not
two working days of the request.38 authority under sec. 6(b)(7) of the Act to be present at construction worksites and
This reflects a conclusion of the promulgate the Hazard Communication therefore will not be engaged in
Committee that, in the absence of such Standard, which requires that chemical construction. 40 The commenter cites
a time limitation on the utility owner/ manufacturers and importers provide Reich v. Simpson, Gumpertz & Heger,
operator, in many instances Option (3) information for the benefit of Inc., 3 F.3d 1, 45 (1st Cir. 1993), in
1926.1407(b) would not be useful downstream employees (see which the First Circuit relied on the
because the employer would not be able 1910.1200). As a rationale for these second sentence of 1910.12(a) as a
to get the voltage information in provisions, OSHA explained that basis for vacating citations that OSHA
sufficient time to be able to use it. Many chemical manufacturers and importers had issued to an engineering firm under
employers will rely on the utility are in the best position to develop, the multi-employer worksite doctrine.
owner/operator to get this information. disseminate, or obtain information Simpson, Gumpertz is inapposite; the
The Committee was concerned that an about their products (see 48 FR 53280, multi-employer worksite doctrine has
extended delay in getting it would result 53322, Nov. 25, 1983). Similarly, in an no bearing on the validity of
in employers, to some extent, doing the early case discussing sec. 6(b)(7), the 1926.1407(e), which explicitly holds
work anyway without the information. Fifth Circuit found that [t]he ability of electric utilities responsible for the
Therefore, for Option (3) 1926.1407(b) downstream employers to protect their distribution of voltage information. A
to be viable, the Committee concluded own employees is also an appropriate more relevant case is Secy of Labor v.
that a reasonable time limitation for the consideration in determining where the Trinity Indus., Inc., 504 F.3d 397 (3d
utility owner/operator to respond was duty to warn should lie. American Cir. 2007), in which the Third Circuit
needed.39 Petroleum Institute v. OSHA, 581 F.2d upheld information disclosure
Some utility owner/operators asserted 493, 509 (5th Cir. 1978). requirements that are analogous to those
that OSHA cannot require them to Section 8(g)(2) of the Act affords the in 1926.1407(e). In Trinity, the Third
provide voltage information because Secretary additional authority for Circuit affirmed OSHAs authority for
OSHA does not have authority to 1926.1407(e). According to this provisions in the Asbestos Standard for
impose such requirements on an electric section, the Secretary may prescribe the Construction Industry that require
utility that does not have employees at such rules and regulations as he may building owners to communicate the
the construction site in question. deem necessary to carry out presence of asbestos or presumed
(ID0166.1; 0203.1; 0226.1.) responsibilities under the Act. The asbestos-containing materials to certain
OSHAs authority to require that enumerated purposes of the Act indicate prospective employers. Id. at 402. The
electric utilities disclose voltage that the Secretarys responsibilities court distinguished OSHAs authority to
information derives from secs. 6(b) and include: require that specific employers disclose
8(g)(2) of the Act. While sec. 6(b) information from the Agencys authority
Setting mandatory occupational
generally authorizes the Secretary to under the multi-employer doctrine to
safety and health standards applicable
promulgate and enforce occupational cite a general contractor for violations
to businesses affecting interstate
safety and health standards, sec. 6(b)(7) committed by a subcontractor:
commerce (29 U.S.C. 651(b)(3));
specifically permits the Secretary to
Developing innovative methods, Unlike the regulations at issue in Summit
37 In
techniques, and approaches for dealing Contractors, Inc., the regulation at issue here
this respect this provision differs from specifically applies to building owners
1926.1410. As discussed below, 1926.1410 with occupational safety and health
allows use of minimum clearance distances closer problems (29 U.S.C. 651(b)(5)); and * * *. We are not convinced that the
than Table A in some circumstances for crane Providing for appropriate reporting Secretary is powerless to regulate in this
operations. In contrast, 1926.1407(d) reflects a field, especially given the findings she has
procedures with respect to occupational
determination by the Committee that there are no made regarding the importance of building
circumstances for assembly/disassembly when it safety and health which procedures will owners in the discovery and communication
would be safe for any part of the crane, load or load help achieve the objectives of this Act of asbestos hazards.
line (including rigging and lifting accessories) to get and accurately describe the nature of the
closer than the Table A minimum clearance occupational safety and health problem Id. As Trinity confirms, the multi-
distance.
(29 U.S.C. 651(b)(12)). employer worksite doctrine does not
38 One commenter suggested that utility owners/
govern the validity of regulatory
operators be required to label all power lines with An electric utility representative
provisions that require specific
voltage information. (ID0143.1.) OSHA rejected asserted that, because employees of
this suggestion because it believes the cost of employers to provide information. As a
electric utilities are not likely to perform
labeling every overhead power line in the country
would be prohibitive. work under the circumstances that the 40 It should be noted that utility employees will
39 As noted in the introduction, CDAC included standard contemplates, sec. 4(a) be at these worksites from time to time to perform
two members from the electric utility industry. prevents OSHA from including work on the power lines.
result, the interpretation that the multi- the dangers that are within his power to 1903.22(c). Since the term is already
employer case law has given to control. Id. at 367. Consistent with the defined in an OSHA regulation, the
1910.12(a) is not controlling in Seventh Circuits reasoning, OSHA has Agency stated that it would apply the
relation to 1926.1407(e). Moreover, the placed on utilities the responsibility to same definition here unless this rule
requirement that electric utilities inform construction workers about were to specify a different definition
provide voltage information is not in power line voltage, as electric utilities and solicited comments on whether the
conflict with the plain language of are in the best position to disseminate phrase working days should be
1910.12(a), which states: voltage information. defined differently for purposes of this
The standards prescribed in part 1926 of In summary, OSHA has firmly- rule than it is in 1903.22(c). All
this chapter are adopted as occupational established precedent, under part 1926 comments received on this issue
safety and health standards under section 6 and beyond, for requiring that an indicated that the 1903.22(c)
of the Act and shall apply, according to the employer with special knowledge of definition was appropriate in this
provisions thereof, to every employment and occupational hazards provide context. (ID0203.1; 0205.1; 0213.1.)
place of employment of every employee information to protect workers. Like the Although OSHA is not specifically
engaged in construction work. Each employer provisions of the Hazard incorporating the 1903.22 definition
shall protect the employment and places of by reference, the Agency intends to rely
Communication Standard and the
employment of each of his employees
engaged in construction work by complying Asbestos Standard for the Construction on that definition for purposes of
with the appropriate standards prescribed in Industry, 1926.1407(e) imposes enforcing 1926.1407(e). One
this paragraph. requirements on employers who possess commenter sought clarification that the
essential information and are in the best two working day time period would
As the Agency noted in the proposal, start to run on the first full business day
position to distribute it.
the first sentence in 1910.12(a) makes The Committee determined that two after the request for information is
the construction standards applicable to business days would be a reasonable received. (ID0215.1.) This is, in fact, an
every employment and to every place amount of time to allow the utility accurate representation of how this
of employment of every construction owners/operator to respond and be provision will be enforced. If, for
employee. The second sentence of sufficiently short to be useful to the example, the utility receives a request
1910.12(a), by providing that each employer requesting the information. for voltage information on Monday, it
employer must protect the employment Most of the utility owner/operators who will have until the end of the business
and the places of employment of each submitted comments or testimony on day on Wednesday to provide the
of his employees, does not negate the this issue did not indicate that a two- necessary information.
broad reach of the first sentence. The day requirement was unworkable so Another commenter asked OSHA to
Secretary did not include language to long as weekends and holidays were provide guidance on whether the
indicate that an employer has excluded from the two-day voltage information needed to be
obligations only toward his employees calculation.41 (ID0203.1; 0205.1; provided in written form. (ID0214.1.)
and the worksites of his employees. Given the inherent difficulties of
0213.1.) Similarly, although one
Furthermore, the history of obtaining written information
contractor indicated a desire to be able
1910.12(a) reveals that the Secretary expeditiously in many construction
to obtain power line voltage information
did not intend for it to limit her sites, OSHA concurs with CDACs
immediately at all times through
authority. Indeed, 1910.12(a) is located recommendation not to require that
Internet services provided by the utility
within a subpart entitled Adoption and voltage information be provided in
owner/operator (ID0118.1), other
Extension of Federal Standards, which writing.
contractors indicated that a two working
the Secretary created to extend her
day time frame was manageable from a Paragraph (f) Power Lines Presumed
jurisdiction through the adoption of the
construction planning standpoint (ID Energized
Construction Safety Acts standards.
0205.1; 0213.1). In light of these
1910.11(a), subpart B. The opening This paragraph requires that
comments, OSHA concludes that the
paragraph of subpart B states that the employers always assume that all power
proposed two-day requirement to fulfill
subparts provisions adopt and extend lines are energized unless the utility
voltage information requests was a
the applicability of established Federal owner/operator confirms that the power
reasonable time frame for both
standards * * * with respect to every line has been and continues to be
contractors and utility owners/
employer, employee, and employment deenergized and visibly grounded at the
operators.
covered by the Act. 1910.11(a). Thus, worksite. No adverse comments were
In the proposed rule preamble, the
neither the language nor the context of received on this provision; it is
Agency noted that the CDAC provision
1910.12(a) suggest a conflict with the promulgated as proposed.
read:
requirement that electric utilities
provide voltage information when Voltage information. Where Option (3) is Paragraph (g) Posting of Electrocution
employers request it. used, owner/operators of power lines must Warnings
provide the requested voltage information
The commenter also cites United This paragraph requires the posting of
within two working days of the employers
States v. MYR Group, Inc., in which the request. electrocution warnings as follows: one
Seventh Circuit held that OSHA could inside the cab in view of the operator
not cite a parent corporation for the In a different contextdetermining the and (except for overhead gantry and
failure of a subsidiary to train its timeliness of notices of contest to OSHA tower cranes) at least two on the outside
employees. 361 F.3d 364 (7th Cir. 2004). citationsOSHA defines working of the equipment. The Committee
Yet the court distinguished the facts of days to mean Mondays through concluded and OSHA agrees that these
that case from circumstances where Fridays but shall not include Saturdays, electrocution warnings are necessary to
[e]ach employer at the worksite Sundays, or Federal holidays. 29 CFR protect the operator as well as any
controls a part of the dangerous 41 One electric utility representative at the public
employees working in the area around
activities occurring at the site and is the hearing did request, however, that the time period
the crane by increasing their awareness
logical person to be made responsible for responding to a request be changed to four of the hazard. This provision is similar
for protecting everyone at the site from business days. (ID0342.) to sec. 53.4.5.2(d) of ASME B30.5
2004. No adverse comments were to warn that the boom or jib tip is at a radius of the crane. No boundaries
received on this provision; it is plane or multiple planes. would have to be marked under this
promulgated as proposed. OSHA noted in the proposed rule that option since the crane would be
the term range limit device was used permitted to operate in the entire area
Section 1926.1408 Power Line Safety in proposed 1926.1408(a)(1)(i) but that that it could reach.
(Up to 350 kV)Operations no definition of this term was provided
in proposed 1926.1401. OSHA stated Paragraph (a)(2)
As discussed with respect to power
line safety in assembly/disassembly, the that it determined that CDAC Once the employer has identified the
standard requires the implementation of understood a range limit device to be a work zone according to
a systematic approach to power line device that physically limits how far a 1926.1408(a)(1), it is then required to
safety for crane/derrick operations. This crane can boom out and the angle make the power line hazard assessment.
approach consists of two basic steps. within which the boom can swing. Specifically, it must determine if any
First, the employer must identify the OSHA requested public comment on part of the crane, load or load line
work zone, assess it for power lines, and whether a definition of range limit (including rigging and lifting
determine how close the crane could get device should be added to 1926.1401 accessories) could come within a
to them. The employer has the option of and, if so, whether the definition trigger distance20 feet of a power
doing this assessment for the area 360 described in the proposed rule preamble line. This determination must be made
degrees around the crane or for a more is appropriate (73 FR 59759, Oct. 9, based upon the assumption that the
limited, demarcated area. Second, if the 2008). crane would be operated up to its
assessment shows that the crane could Three commenters responded, maximum working radius (or, if a
get closer than a trigger distance20 endorsing the need for a definition and demarcated boundary is used, the
feet for lines rated up to 350 kVthen suggesting language along the lines assessment must be made with the
requirements for additional action are discussed in the proposed rule. (ID assumption that the crane would be
triggered. 0118; 0205.1; 0213.1.) OSHA has operated up to that boundary).
added a definition for a range control Three commenters expressed concern
Specifically, unless the power lines over OSHAs use of the term maximum
limit device that defines it as a device
are deenergized and grounded, working radius in describing the
that can be set by an equipment operator
encroachment prevention measures methodology for defining the work
to limit movement of the boom or jib tip
have to be implemented to prevent the zone. (ID0146.1; 0206.1; 0209.1.)
to a plane or multiple planes.
crane from breaching a minimum Employers are not permitted to use Their concern is that using maximum
clearance distance. The employer is existing landmarks to demarcate work working radius would trigger the
allowed to choose among three zone boundaries unless they are encroachment-prevention requirements
minimum clearance distance options. marked. For example, a line of trees of 1926.1408(b) on construction sites
For example, for lines up to 350 kV, the would be insufficient. Without anything where the equipment operator has no
minimum clearance distance options are more the trees would not signal a intention of using the equipment up to
20 feet, or the distance specified in reminder to the operator of there being the equipments maximum working
Table A of this section for the lines a boundary that must be maintained. distance. Another commenter
voltage (Table A is the 10-foot rule; see However, adding flags to those trees questioned whether the phrase any part
discussion of Table A below), or a would be sufficient because the flags of the equipment would include the
distance closer than what is specified in would serve as a reminder that the trees boom if the boom could be lowered
Table A. However, there are limitations are located along a boundary that the within 20 feet of a power line even
to the availability of some of these operator must not breach. though the working radius will not
options, and the number of mandatory The boundaries must mark the limits require encroachment into the 20-foot
encroachment prevention (and other) of all crane movement. For example, a zone. (ID0178.1.)
measures increases when using a work zone could be defined by OSHA notes that these concerns are
clearance distance closer than Table A. demarcating boundaries: (1) To the left already addressed through a mechanism
Paragraph (a) Hazard Assessments and and right of the operator, to limit the in the provision as proposed: the
Precautions Inside the Work Zone lateral movement of the boom, and (2) employers ability, under
in front of the operator, in a line 1926.1408(a)(1)(i), to define the work
Before beginning crane/derrick connecting the side boundaries, limiting zone boundaries and then prohibit
operations, the employer is required to the booms radius. operation of the equipment beyond
determine if power lines would pose a In identifying the work zone, the those boundaries. In other words,
hazard. The first step in this process is employer must consider the entire area employers may define the boundary of
to identify the work zone for which this in which the crane will need to operate. a work zone at the outer boundary of the
hazard assessment will be made If the crane will need to be positioned intended working radius of any part of
( 1926.1408(a)(1)). The employer has in more than one spot to accomplish its the equipment, including the boom.
two options for defining the work zone. work, or to travel with a load, the To illustrate, if an employer is using
Under the first option employer must consider the total area in a crane with a maximum working radius
( 1926.1408(a)(1)(i)), the employer is which it will need to operate and set the of 100 feet, but intends to extend the
required to define the work zone by boundaries accordingly. crane boom out only 75 feet beyond the
marking boundaries and prohibiting the The second option for identifying the center point of the crane, that employer
operator from operating the equipment work zone ( 1926.1408(a)(1)(ii)) is to can demarcate the outer boundary of the
past those boundaries. Examples of how define the work zone as the area 360 work zone using such measures as a line
to demarcate the boundaries include degrees around the crane, up to the of flags, and then prohibit crane
using flags or devices such as a range cranes maximum working radius. In operations beyond that 75-foot work
limit device or range control warning other words, under this option, the work zone boundary. Therefore, in the one
device. Range control warning device zone is the area within a circle, with the commenters example of where the
is defined in 1926.1401 as a device crane at the center, and the radius boom could come within 20 feet of a
that can be set by an equipment operator defined by the maximum working power line but the work does not
require it, the employer need not take protective devices to deenergize the line OSHA determines that by providing a
encroachment-prevention measures if it after it is reenergized from the last two mechanism under 1926.1408(a)(2)(ii)
prohibits working beyond a radius that causes. It also serves as a visual for employers to proceed with
would bring the boom within 20 feet of confirmation that the power line has construction operations without having
the line. OSHA concludes, therefore, been deenergized. (See discussion of to obtain voltage information, employers
that no change to the proposed 1926.1407(a)(1) where OSHA declines will have more flexibility without
regulatory language is needed to address to amend the proposal to require written compromising the safety of workers.
these concerns and is promulgating this confirmation that the power line has One commenter believed that the
paragraph as proposed. been deenergized.) maximum clearance distance for this
If, after defining a work zone, an Where the employer elects to option should be 15 feet instead of the
employer determines that the 20 foot deenergize the power line, it will not proposed 20 feet because it believed
trigger determination is positive, then have to implement any of the such a distance would be safe for what
the employer is required to take encroachment/electrocution prevention it described as relatively small cranes.
additional steps. Specifically, the measures listed in 1926.1408(b). (ID0184.1.) However, OSHA does not
employer must meet the requirements However, some amount of time is agree that a distinction based on crane
under either, Option (1), Option (2), or needed to arrange for the utility owner/ size is justified. When smaller cranes
Option (3) of 1926.1408(a)(2).42 See operator to deenergize and ground the operate near power lines, they present
above discussion of 1926.1407(a) for line. Also, in some instances, especially the same hazard as larger cranes and
additional information about how where the construction project is small, need to take similar precautions. OSHA
OSHA intends to enforce these the cost of deenergizing and grounding further notes that smaller cranes, i.e.,
compliance options. may be a substantial portion of the cost cranes with shorter booms, will have a
Section 1926.1408(a)(2) is adopted of the project. Because of these factors, smaller work zone than larger cranes
without change from the proposal. deenergizing and grounding, which was and therefore should be better able to
also a permissible option under former avoid coming within the permitted 20-
Paragraph (a)(2)(i) Option (1)
1926.550(a)(15), has not been routinely foot clearance and, as a result, may be
An employer choosing Option (1) of done. Accordingly, the rule provides less likely to trigger the protective steps
this section will protect against other safe and practical options to required under paragraph (a)(2) of this
electrocution by having the power lines reduce unsafe practices in the industry. section in any event. Moreover, if OSHA
deenergized and visibly grounded at the Those other options (Options (2) and (3) were to adopt a 15-foot minimum
worksite. This option minimizes the in 1926.1408(a)(2)(ii) and (iii), clearance distance for this option as
probability that equipment that contacts discussed below) combined with advocated by the commenter, it would
the power line will become energized. 1926.1408(b) are designed to afford have to make a corresponding reduction
The power line must be visibly effective protection against the hazard of in the maximum voltage covered by
grounded at the worksite. electrocution. 1926.1407 and 1926.1408 and a
One commenter believed that the Section 1926.1408(a)(2)(i) is adopted corresponding increase in the minimum
requirement for visible grounding was as proposed. voltage covered by 1926.1409 to retain
impractical and overly burdensome. the protection afforded by the 10-foot
(ID0146.1.) A second commenter Paragraph (a)(2)(ii) Option (2)
rule previously contained in subpart N.
believed that this requirement was Under Option (2) Therefore, OSHA has concluded that it
needed to permit the employer to ( 1926.1408(a)(2)(ii)), the employer is would be inappropriate to decrease the
visually verify that the power line has required to maintain a minimum proposed 20 foot minimum clearance
been deenergized. (ID0190.0.) clearance distance of 20 feet. To help distance under 1926.1408(a)(2)(ii); this
After reviewing these comments, ensure that this distance is not breached paragraph is therefore promulgated as
OSHA continues to conclude, as CDAC and that employees are protected from proposed.
did, that visible grounding of the electrocution, the employer is required As noted above, in addition to
deenergized line is necessary to protect to implement the encroachment/ maintaining a minimum clearance
workers. First, it minimizes the voltage electrocution prevention measures in distance of 20 feet, employers using this
that can appear on the power line from 1926.1408(b). option are required to implement the
a number of causes, including induced Employers using this option will have encroachment prevention and other
current and capacitive coupling, to stay further away from the power line measures specified in 1926.1408(b).
lightning, other energized lines falling than had been required under subpart
onto the power line (for example, where Ns 10-foot rule (employers wanting to Paragraph (a)(2)(iii) Option (3)
there is a traffic accident involving a use the 10-foot rule will have to use Under Option (3)
motor vehicle striking a utility pole Option (3) of this section, discussed ( 1926.1408(a)(2)(iii)), the employer is
supporting the power line), and below).43 However, an advantage of this required to maintain a minimum
accidental reenergizing of the lines. It option to many employers is that they clearance distance 44 in accordance with
also facilitates the operation of circuit do not have to determine the voltage of
the power line; they only have to 44 The proposed regulatory text for this section
42 If no part of the crane, load or load line could determine that the line voltage is not used the phrase minimum approach distance
come closer than 20 feet to a power line, the more than 350 kV. instead of minimum clearance distance. As
employer is not required to take any further action pointed out by two commenters the latter phrase is
under this section. However, the employer may Several commenters verified the what was used in the proposed 1926.1407(a)(3)(i)
encounter a situation where it unexpectedly needs Committees conclusion that obtaining regulatory text. (ID0205.1; 0213.1.) For
to increase the size of the work zone. This may voltage information from utilities can consistency, OSHA has, in this section, changed the
occur, for example, as a result of an unanticipated often be difficult and time-consuming. phrase minimum approach distance to minimum
need to change the cranes position or to have the clearance distance. Provisions in 1910.269 and
crane operate beyond the original work zone (ID0118.1; 0143.1; 0146.1; 0155.1.) proposed subpart V of 29 CFR 1926 use the phrase
boundaries. In such a case the employer is required minimum approach distance. OSHA believes that
to go back to the first step under 1926.1408(a)(1), 43 As discussed above, the 10-foot rule requires employers who are covered by those standards are
re-identify a work zone and conduct a new 20 foot varying clearance distances increase with voltage familiar with that term. In contrast, the Agency
trigger assessment. with clearance distances that begin at 10 feet. Continued
Table A of this section.45 Under Table clearance. It does not allow a crane to As discussed below, under this
A, depending on the voltage of the very easily encroach on a safe clearance paragraph, certain encroachment/
power line, the minimum clearance distance, as IBEW suggests. electrocution prevention measures are
distance ranges from 10 feet to 20 feet.46 The labor representative also required (they are listed in
Under this option the employer is proposed more stringent requirements 1926.1408(b)(1) through (3)). In
required to determine the lines voltage. than those currently contained in addition, the employer is required to
In addition to maintaining the 1926.1410 when it is infeasible to select at least one additional measure
minimum clearance distance specified maintain the Table A clearances. OSHA from the list in 1926.1408(b)(4). In the
in the Table, employers using this addresses this issue below in the planning meeting, the employer must
option are required to implement the discussion of 1926.1410. Accordingly, make that selection and review all the
encroachment prevention and other paragraph (a)(2)(iii) is promulgated as measures that will be used to comply
measures specified in 1926.1408(b). proposed. with this section. The purpose of this
A labor representative urged OSHA to Paragraph (b) Preventing Encroachment/ requirement is to ensure that the
require a minimum clearance distance Electrocution operator and other workers who will be
of 20 feet rather than the lower in the area understand these measures
clearance distances allowed under Table Once the employer has determined and how they will be implemented.
A, in essence eliminating Option (3). that some part of the crane, load or load That understanding is important to their
(ID0201.1.) The 20-foot clearance is line could come within the work zone successful implementation. Paragraph
needed because, in the commenters assessment trigger distance of 20 feet of (b)(1) is adopted as proposed.
view, under the options in the proposal, a power line (see 1926.1408(a)), if it
chooses either Option (2) or (3) (of Paragraph (b)(2)
crane operations can easily encroach on
an absolute safe distance from power 1926.1408(a)(2)(ii) and (iii)), it must Section 1926.1408(b)(2) requires that
lines. OSHA does not agree. The implement encroachment prevention where tag lines are used they must be
clearance distances permitted under measures to help ensure that the nonconductive. This provision provides
Table A are safe distances, as applicable minimum clearance distance additional protection to those
indicated by their inclusion in ASME (20 feet under Option (2) or the Table A employees who would be exposed to
B30.52004 as well as the consensus distance) under Option (3) is not electrical hazards in the event that the
reached by CDAC. As discussed in the breached.47 Most of the measures in this equipment, load line, tag line or load
preamble to the proposed rule, the 10- paragraph are designed to help the contacts a power line and the tag line
foot rule was not effective under prior employer maintain the appropriate they are holding becomes energized.
subpart N because subpart N provided distance and thereby prevent electrical Note the discussion above related to
little guidance as to how to maintain the contact while operating the equipment. 1926.1407(b)(2). This provision is
required clearance. In the proposed rule, One of the measures is designed to promulgated as proposed.
OSHA discussed how the provisions of prevent electrocution in the event of
electrical contact. Paragraph (b)(3)
this rule addressed two major problems
Section 1926.1408(b)(3) requires
employers faced in complying with the Paragraph (b)(1) elevated warning lines, barricades or a
minimum clearance requirements of Under 1926.1408(b)(1) the employer line of signs, in view of the crane
former subpart N: (1) The lack of a is required to conduct a planning operator, equipped with flags or similar
means to enable operators to judge meeting with the operator and other high-visibility markings, at 20 feet from
when the crane was breaching the workers who will be in the area of the the power line (if using Option (2) of
minimum required clearance distance; crane or load. This planning meeting 1926.1408(a)(2)(ii)) or at the minimum
and (2) the problem of temporary must include reviewing the location of clearance distance under Table A (if
operator inattention to a power line as the power line(s) and the steps that will using Option (3) of
he/she concentrated on tasks related to be implemented to prevent 1926.1408(a)(2)(iii)). The steps
moving the load. (73 FR 59749, Oct. 9, encroachment and electrocution. required by this provision are designed
2008.) The provisions of paragraph (b) One commenter raised the issue of to remind the operator that there are
of this section, discussed below, are who is responsible for ensuring that the power lines with associated minimum
designed to overcome these two planning meeting takes place. (ID clearance distances that must be met.
problems and ensure compliance with 0218.1.) Where encroachment Warning lines, barricades or a line of
the minimum clearance distances in this precautions are required under Option signs in the operators view equipped
rule. Even where Table A permits the (2) or Option (3) (see with high-visibility markings also
clearance distance to be the same as the 1926.1408(a)(2)(ii) and indicate to the operator where the
10-foot rule of former subpart N, this 1926.1408(a)(2)(iii)), the employers of minimum clearance distance boundary
final rule provides far greater protection the operator and other workers who will is located. This serves as one of two
against equipment violating the allowed be in the area of the equipment or load layers of protection (the second layer
must ensure that the required planning consists of an additional means selected
believes that employers that do not perform electric meeting under 1926.1408(b)(1) takes
power work will better understand the term by the employer under
minimum clearance distances. OSHA considers place. Other employers at the work site 1926.1408(b)(4), discussed below).
the terms approach distance and clearance may also be responsible for such A commenter urged OSHA to
distance to be interchangeable; no substantive compliance in certain situations; see reconsider this requirement because
distinctions are intended. OSHA CPL 0200124, Multi-Employer there is nothing outside of the traveled
45 The information in Table A of the final rule is
similar to information in Table 1 of ASME B30.5

Citation Policy, Dec. 10, 1999 for further roadway to which a warning line,
2004. A table with specified clearance distances is information. barricade, or line of signs could be
more easily applied than the formula set out in affixed. (ID0114.) OSHA recognizes
former 1926.550(a)(15). Table A is intended to be 47 Alternatively, under Option (1) of
that this requirement will often require
a clear way of conveying the minimum clearance 1926.1408(a)(i), the employer could have the lines
distances. deenergized and grounded. If Option (1) were
the employer to install a series of poles
46 The range referred to here is the range in the selected, no further action under this section would or other supports to install an elevated
part of the table that is applicable up to 350 kV. be required. warning line. However, temporary
supports are routinely installed on measures are methods for encroachment manufacturers to improve these devices
construction sites, and installing them prevention. The fifth measure is a to the point where they will meet the
for the purpose of enabling the operator method of electrocution prevention in definitions criteria.
to maintain a safe distance from a power the event of electrical contact with a In situations where an employer
line serves an important safety purpose power line. Specifically, the employer is chooses the option of using a dedicated
without being overly difficult or time- required to choose one of the following: spotter, the employer is required to meet
consuming. (i) A proximity alarm; (ii) the use of a the requirements for spotters in
A visual line on the ground to mark dedicated spotter; (iii) a device that 1926.1408(b)(4)(ii). As specified in
the minimum clearance distance is not automatically warns the operator when 1926.1408(b)(4)(ii)(A), the spotter has
permitted under 1926.1408(b)(3) to stop (i.e., a range control warning to be equipped with a visual aid to
because an operator would generally not device); (iv) a device that automatically assist in identifying the minimum
notice or see a line on the ground and limits the range of movement of the clearance distance.
because, from where the operator sits, it equipment; or (once they are available) Under 1926.1408(b)(4)(ii)(B)(D), the
would be particularly difficult for the (v) an insulating link/device, as defined spotter has to be positioned so that he/
operator to extrapolate from that line the in 1926.1401.48 she can effectively gauge the clearance
location of the boundary in the air. By Proximity alarm performance was the distance from the power line; the
contrast, visual reminders that are subject of a study conducted by the spotter, where necessary, must use
sufficiently elevated from the ground National Institute for Occupational equipment that enables him/her to
level enable the operator to more Safety and Health (NIOSH) published in communicate directly with the
accurately judge the distance between January 2009, and submitted as an equipment operator; and the spotter
the load, load line (including rigging exhibit to this rulemaking. (ID0141.2.) must give timely information to the
and lifting accessories) or crane and the This study tested the efficacy of two operator so that the required clearance
boundary marked by the elevated proximity alarm models under various distance can be maintained.
warning line. simulated construction conditions. The Some commenters recommended that
In reviewing the CDAC draft of this study indicated that the accuracy of the dedicated spotters be required at all
provision, OSHA realized that there proximity alarms could be adversely times. (ID0112; 0113.) OSHA declines
may be situations where the employer affected by such factors as: (1) Operating to impose such a requirement. The
would not be able to place such a line the equipment with a boom angle and Agency determines that allowing the
so that it would be visible to the length significantly different than that employer to choose from a variety of
operator. In such a case, to have two used for the devices last sensitivity options for this second layer of
layers of protection, it would be adjustment; and (2) operating the protection allows the employer to select
necessary to require that a dedicated equipment on sites with multiple a method that it believes would be
spotter be used in addition to one of the overhead power lines, especially where suitable, increases the likelihood of
other (non-spotter) methods described those power lines had differing voltages employer compliance, and will be an
below in 1926.1408(b)(4). Therefore, in or involved intersecting installations. effective approach to reducing power
the proposed rule, OSHA stated that it Two other commenters also questioned line related injuries and fatalities.
was planning to modify the proposed the efficacy of proximity alarms. (ID One commenter also advocated
provision by adding the following after 0118.1; 0206.1.) adding a provision requiring dedicated
the last sentence in 1926.1408(b)(3): OSHA shares the concerns expressed spotters to pass a visual acuity exam.
If the operator is unable to see the elevated by NIOSH and other commenters over (ID0071.) OSHA determines that it is
warning line, a dedicated spotter must be the accuracy of currently available unnecessary to require a specific level of
used as described in 1926.1408(b)(4)(ii) in proximity alarms.49 However, such visual acuity. Wherever this standard
addition to implementing one of the concerns are addressed by the definition requires an employer to have an
measures described in 1926.1408(b)(4)(i), of proximity alarm in 1926.1401, individual perform a particular task,
(iii), (iv) and (v). which states that the term refers to a that duty is met only where the
The Agency requested public device that has been listed, labeled, or individual has the ability to perform the
comment on this issue. Two accepted by a Nationally Recognized task. If an employer assigns an
commenters agreed with the substance Testing Laboratory in accordance with individual to serve as a spotter, but his/
of the proposed addition to this 1910.7. To be so listed, labeled, or her vision is insufficient to perform the
provision (ID0205.1; 0213.1); a third accepted, the Nationally Recognized task of a spotter, the employer will not
commenter agreed with the proposed Testing Laboratory (NRTL) must have met the spotter requirement. For
addition but recommended that OSHA determine that the device works additional discussion of spotter
go a step further and require a dedicated properly by concluding that it conforms requirements see the discussion of
spotter at all times (ID0113). For the to an appropriate test standard. 1926.1407(b)(3)(i) earlier in this
reasons explained in the discussion of Accordingly, no proximity alarm can be preamble.
1926.1408(b)(4) below, OSHA has listed, labeled, or accepted by a Section 1926.1408(b)(4)(iii) gives the
decided not to accept this latter Nationally Recognized Testing employer the option of using a device
recommendation for a dedicated spotter Laboratory (NRTL) in accordance with that automatically warns the operator
in all cases. The Agency has, however, 1910.7 until the problems identified when to stop movement, such as a range
included the additional regulatory text by the commenters have been rectified. control warning device. Such a device
delineated above in the final rule. OSHA concludes that retaining this must be set to give the operator
option in the final rule will provide an sufficient warning to prevent

Paragraph (b)(4) incentive for proximity alarm encroachment. Range control warning
This section sets out a list of five device is defined in 1926.1401 as a
prevention measures, from which the 48 See discussion later in this section for an
device that can be set by an equipment
employer must select at least one, when explanation of the delay in the effective date for this operator to warn that the boom or jib tip
provision.
the employer elects to use either Option 49 Neither of the proximity alarm models tested in is at a plane or multiple planes.
(2) or Option (3) under the NIOSH study had obtained NRTL listing, For example: An employer has chosen
1926.1408(a)(2). The first four labeling, or acceptance. the option of maintaining a 20-foot
distance from the power line. Under Because insulating links previously Paragraph (b)(5)
1926.1408(b)(4)(iii), it has chosen to have not been required by any OSHA
use a range control warning device to standard, OSHA has not yet recognized Employers engaged in construction of
help maintain that distance. The device any testing laboratory as a NRTL for electric transmission and distribution
would have to be set to alert the purposes of insulating link listing, lines, which is addressed by 29 CFR
operator in time to prevent the boom, labeling, or acceptance. A period of time part 1926 subpart V ( 1926.950
load line or load (whichever is closest will be needed to review laboratory 1926.960), also have to meet the
to the power line) from breaching that requests for such recognition. Once requirements in 1926.1408, with
20-foot distance. As a practical matter, there are NRTLs for testing insulating several exceptions.51 The first exception
the device would have to be set to links, some time will also be needed for is found in 1926.1408(b)(5). The other
sound the warning more than 20 feet the NRTLs to conduct the tests. As a exceptions are discussed elsewhere in
from the line, since the operator will result, where 1926.1408(b) applies, this preamble. In accordance with
need some time to react and to account 1926.1408(b)(4)(v) will be unavailable 1926.1408(b)(5), employers engaged in
for the momentum of the equipment, as an additional measure in the list work involving cranes/derricks that is
load line and load.50 contained in 1926.1408(b)(4) until covered by subpart V are not required to
Section 1926.1408(b)(4)(iv) gives the employers acquire NRTL-approved comply with the requirements in
employer the option of using a device insulating links. Therefore, during that 1926.1408(b)(4). Subpart V applies to
that automatically limits the period, in addition to implementing the
the construction of electric transmission
equipments range of motion and is set requirements in 1926.1408(b)(1)(3),
the employer must implement at least and distribution lines and equipment,
to prevent encroachment. Such a device which includes the alteration,
can be particularly suitable for tower one of the measures listed in
1926.1408(b)(4)(i)(iv). conversion, and improvement of
cranes, for which the swing angle can be existing lines and equipment. Thus,
A commenter suggested that
programmed so that the operator cannot when employees are engaged in subpart
1926.1408(b)(4)(v) be deleted because
move the boom or jib past a certain it involves a live line procedure covered V work near energized lines, by the
range. While it may be more technically under 1910.269, which, it says, nature of the job, their full attention is
difficult to apply swing limitation requires an operator to be a qualified on the power lines. Non-subpart V
devices for use in mobile cranes, the worker to get this close to an insulating workers, by contrast, do not work
technology may develop so that they link. (ID0161.1.) This commenter directly with the lines, and their
could be used in such cranes as well. misunderstands the provision. attention is primarily directed
The insulating link option that is Paragraph (b)(4)(v) allows employers to elsewhere.
available under 1926.1408(b)(4)(v) use an insulating link between the load
would not protect against encroachment Subpart V contains additional
line and load as an alternative to other
but would provide protection to requirements to protect those employees
protective measures. It has nothing to do
employees handling the load against against making electrical contact with
with live line procedures under
electrocution in the event encroachment 1910.269, which is a general industry the lines. These include requirements in
did occur. Such a device must be standard that applies to operation and 1926.950(c) for guarding the line or
installed between the end of the load maintenance of power lines and which using insulation (such as insulating
line and the load. When so installed, it has no provision regulating the gloves) to prevent electrical contact.
prevents the load from becoming proximity of an operator or a qualified This paragraph is promulgated as
energized in the event the load line or person to an insulating link. proposed.
other part of the equipment makes One commenter pointed out that Paragraph (c) Voltage Information
electrical contact with a power line. insulating links do not provide
Preventing the load from becoming protection for those employees, such as This section operates in conjunction
energized helps protect riggers, who equipment operators, who are in contact with 1926.1408(a)(2)(iii) (Option (3)
often guide crane loads manually and with the equipment upstream of the Table A clearance). Where an employer
who are therefore at high risk of being insulating link. (ID0053.1.) That is elects to use Option (3)
electrocuted if a load becomes incorrect. Insulating links serve a dual ( 1926.1408(a)(2)(iii)), the employer
energized. purpose. They protect a rigger who is must, under 1926.1408(a)(2)(iii)(A),
Some commenters expressed concern handling the load if the equipment determine the voltage of the power
about the effectiveness of insulating upstream of the link makes electrical
lines. Under 1926.1408(c), utility
links. (ID0206.1; 0378.1.) As stated in contact with a power line. And they
owner/operators of these lines must
1926.1401, Insulating link/device is protect employees who are upstream of
the insulating link if the load makes provide the requested voltage
defined as an insulating device that has information within two working days of
been listed, labeled, or accepted by a electrical contact with a power line. The
workers who are at the greatest risk of the request (see the discussion above of
Nationally Recognized Testing 1926.1407(e) for a description of the
Laboratory in accordance with electrocutionthe riggers who handle
the load, are also protected by the public comments received on this
1910.7. This definition addresses this requirement and OSHAs resolution of
concern, since an insulating link used requirement for nonconductive tag
lines. But the best protection for all the issues raised by those comments).
under this provision must have been
found by a Nationally Recognized workers, and the primary focus of As discussed above with respect to
paragraph (b), is to employ effective 1926.1407(e), working days means

Testing Laboratory (NRTL) to conform
encroachment prevention measures to Monday through Friday, excluding
to an appropriate test standard as
prevent electrical contact of any part of Federal holidays. This provision is
required in 1910.7.
the equipment and/or load with a power promulgated as proposed.
50 One commenter questioned whether range
line. For additional discussion of
control warning devices exist. (ID0151.1.) OSHA
insulating links, see later in this 51 As discussed in 1926.1400, Scope,
has confirmed that some cranes are equipped with preamble where OSHA addresses construction of electric transmission and
such a device. 1926.1410(d)(4). distribution lines is covered under this subpart.
Paragraph (d) Operations Below Power must also comply with the requirements induced in the equipment or load, the
Lines in 1926.1410. Section 1926.1410 transmitter must be deenergized or the
When a crane operates below a power governs equipment operations closer following precautions taken: The
line, the likelihood of breaching the than the Table A minimum clearance equipment must be grounded, and non-
minimum clearance distance is distances. conductive rigging or an insulating link/
enhanced by several factors, including Two commenters requested that device must be used.
the greater difficulty of judging the OSHA define the term infeasible. (ID Previously, subpart N, at former
distance to the power line when it is 0203.1; 0214.1.) Infeasibility 1926.550(a)(15)(vii), required that
above the equipment and the fact that in determinations are fact-dependent, and when equipment is close enough to a
most such situations the operator has to OSHA generally considers compliance transmitter tower for an electrical charge
purposely look up to see the line (and with a measure to be infeasible when it to be induced, the equipment had to be
therefore is more likely to forget its is impossible or would prevent grounded and a ground jumper cable
location or that it is there). performance of the work in question. used to connect the load to the
This section addresses this problem See OSHA CPL 0200148, ch. 5, sec. equipment. In addition, nonconductive
by prohibiting any part of a crane, load VI.B.2, Field Operations Manual, Nov. poles having large alligator clips or
or load line (including rigging and 10, 1999. OSHA notes that this is not
other similar protection had to be used
lifting accessories) from being below a the first standard to incorporate
to connect the ground jumper cable to
power line unless the employer has feasibility considerations; the Agency
the load. Connecting the load to the
confirmed with the utility owner/ has incorporated feasibility language
grounded equipment dissipated any
operator that the power line is into many other standards. See, e.g., Fall
electrical charge induced in the load.
deenergized and visibly grounded at the Protection ( 1926.502(k)); Permit-
The Committee determined that subpart
worksite or unless the employer can Required Confined Spaces
CCs proposed requirement for
demonstrate that it meets one of the four ( 1910.146(d)(5)(i)); Bloodborne
nonconductive rigging or an insulating
exceptions in 1926.1408(d)(2). Pathogens ( 1910.1030(f)(3)(ii)); and
link instead of grounding the load better
The first exception, Electrical Work Practices
( 1910.333(a)(1)). In letters of reflected current industry practice and
1926.1408(d)(2)(i), is for work covered better protected employees.
by 29 CFR part 1926 subpart V. Subpart interpretation and guidance documents
explaining these and other standards, The requirement for nonconductive
V work involves work on the power line
itself and commonly requires equipment OSHA has elaborated on the meaning of rigging or an insulating link in proposed
to operate below a power line. As infeasibility in numerous factual 1926.1408(f) was a fundamentally
explained above with respect to contexts. Because infeasibility is a different approach than requiring a
1926.1408(b)(5), subpart V work does concept of broad applicability in the ground jumper cable to be connected to
not require all of the precautions OSHA context, and its meaning depends the load as was specified in former
required of other work because the full on the particular facts present in a given 1926.550(a)(15)(vii). The latter
attention of the workers is directed at worksite situation, a single definition connects the load to a ground, while
the power line. would not provide useful guidance to proposed 1926.1408(f) would have
The second exception, employers. Accordingly, the Agency insulated the load from the equipment
1926.1408(d)(2)(ii), is for equipment declines to adopt a definition of that or employees handling the load.
with non-extensible booms and the term specific to subpart CC. Paragraph The Agency requested public
third exception, 1926.1408(d)(2)(iii), is (d) is adopted as proposed. comment on whether the proposed
for equipment with articulating or Paragraph (e) Power Lines Presumed requirement was preferable to that in
extensible booms. These exceptions Energized former 1926.550(a)(15)(vii). Some
apply when the uppermost part of the commenters agreed that the proposed
boom (for non-extensible booms) or This provision requires employers to requirements would provide better
with the boom at its fullest extension assume that all power lines are protection of workers and argued that
(for extensible booms), will be more energized unless the utility owner/ they were more feasible than the
than 20 feet below the plane of the operator confirms that the power line requirements of former
power line or more than the Table A has been and continues to be 1926.550(a)(15)(vii). (ID0205.1;
minimum clearance distance below the deenergized and visibly grounded at the 0213.1.) One commenter believed that
plane of the power line at the booms worksite. This fundamental precaution 1926.1408(f) as proposed was inferior
most vertical point.52 Where this is essentially the same as it was in to former 1926.550(a)(15)(vii) because
criterion is met, it is not possible for the subpart N at former insulating links are generally rated for
minimum clearance distance to be 1926.550(a)(15)(vi). The one distribution voltages and would not
breached. commenter on this proposed provision properly protect employees working
The last exception, supported it (ID0161.1); this provision near power lines. 53 (ID0209.1.)
1926.1408(d)(2)(iv), is for situations in is promulgated as proposed. Another commenter recommended that
which the employer can demonstrate Paragraph (f) the proposed 1926.1408(f)
that it is infeasible to comply with requirements be supplemented with a
Paragraph (f) of this section addresses
1926.1408(d)(1), which prohibits any requirement that any insulating link
the danger that employees could receive
part of a crane, load or load line from used be rated for the applicable
an electric shock from equipment that is
being below a power line unless the line
operating near a transmitter or
is deenergized and visibly grounded. 53 Another commenter opposed the proposed

communication tower. During such
Under this exception, the employer language because it believed that grounding the
operation, the equipment can act as an equipment under the provisions of former
must not only show that compliance
antenna and become energized by the 1926.550(a)(15)(vii) would better protect
with 1926.1408(d)(1) is infeasible, it employees, the crane, and the power line because
electromagnetic signal emitted from the
it would result in a very quick trip of the line. (ID
52 The plane of the power line is the horizontal tower. As proposed, 1926.1408(f) 0144.1.) This comment is not relevant because
plane that touches the lowest point on the lowest stated that when the equipment is close grounding the crane would not cause the
power line. enough for an electrical charge to be transmitter or communication towers to trip.
transmission tower frequencies, and that another oversight by the Committee, required when it is infeasible to
nonconductive tag lines be used. however, neither 1926.1407 nor maintain the Table A clearances, and
The problem addressed by these 1926.1410 contains provisions training in proper grounding procedures
comments involves how to protect a addressing these hazards. OSHA will help ensure the effectiveness of this
worker, such as a rigger, who may come considers these to be recognized hazards provision. In addition, employees must
into electrical contact with the load. and will use its enforcement authority understand that grounding may not
Under the proposed rule, the load under the General Duty Clause, as afford complete protection.
would be insulated from the grounded appropriate, to ensure that employers Accordingly, OSHA is adding a new
crane to isolate the load from circulating are taking measures, such as those 1926.1408(g)(1)(v) that requires
current that could cause it to be required in 1926.600(a)(6)(vii) or training in the procedures to be
energized. However, it may be possible 1926.1408(f), to protect employees from followed to properly ground equipment
that the load itself could become electric shock and fires while and the limitations of grounding.
energized by absorbing energy from the performing work covered by In addition, proposed
transmitter or communication tower. 1926.1407 and 1926.1410 near 1926.1408(g)(1)(i)(E) stated that
The former rule addresses this transmitter or communication towers. training was required in the need to
possibility by requiring an electrical OSHA will consider addressing both of avoid approaching or touching the
connection between the load and the these oversights through future equipment. In the proposed rules
(grounded) equipment. However, in the rulemaking. preamble, OSHA stated that it
event there is either a poor electrical A commenter suggested adding a determined that CDAC inadvertently
connection or a ground that is not fully provision to paragraph (f) whereby the failed to add the phrase and the load
effective, this method might not provide owner of a transmitter communication to that provision, since whenever the
complete protection. Therefore, OSHA tower would be required to evaluate equipment is in electrical contact with
has decided not to require either whether power level density levels were a power line, the load may also be
precaution, but instead to require that high enough to endanger employees energized. OSHA requested public
any tag line used be nonconductive. working near the tower and, if so, comment on whether that provision
This precaution is required in other implement precautions to prevent them. should be modified to correct this
provisions, discussed above, to protect (ID0130.1.) The issue raised by this omission. Commenters agreed that
the rigger from the possibility that the comment is beyond the scope of this adding the phrase and the load was
equipment may come into electrical rule, which addresses hazards related to appropriate. (ID0051.0; 0205.1;
contact with a power line. It will be the use of equipment and not employee 0213.1.) Therefore, OSHA has made
equally appropriate here. Section exposure to possible radiation hazards. this addition in the final rule.
1926.1408(f) is modified accordingly. Such hazards are covered by 1926.54, In the proposed rule, the Agency
OSHA notes that former Nonionizing radiation. noted that proposed 1926.1408(g) did
1926.550(a)(15)(vii) of subpart N not address the timing and frequency of
required employers to provide crews Paragraph (g) Training this training. OSHA requested public
with nonconductive poles having large Paragraph (g) of this section sets forth comment on whether and, if so, how the
alligator clips or other similar protection training requirements for crane standard should address training timing
to attach the ground cable to the load. operators and other crew members and frequency.
This requirement protected employees assigned to work with the equipment. The one commenter on this issue
from the electric shock hazard that The training topics listed are designed advocated not dictating the timing or
exists when employees apply grounds. to ensure that both the operator and the frequency of training in this provision.
Due to what the Agency determined was other crew members have the For the final rule, OSHA has decided to
an inadvertent oversight on the part of information they need to help protect cross reference the testing
the Committee, the proposed rule did themselves from power line hazards. administration requirements of
not contain provisions addressing these One commenter suggested that, in 1926.1430. That training section
hazards. Although no commenters addition to the topics listed in the requires that employees be evaluated to
raised this issue, OSHA is aware that proposed rule, employees working on confirm that they understand the
employees are exposed to serious equipment operating closer than Table information provided in the training,
electric shock hazards when they are A clearance distances also be trained on and that refresher training be provided
attaching grounds in accordance with induction, step and touch potentials, when, based on employee conduct,
1926.1408(f). For example, when and proper equipment grounding there is an indication that retraining is
attaching the rigging to the load or the procedures. (ID0161.1.) Other necessary. Section 1926.1408(g) is
ground to the crane, the crane and load commenters also recommended training modified accordingly.
will be energized. OSHA views this in grounding procedures and in the
condition as a recognized hazard and limitations of the protection that Paragraph (h)
expects employers to ensure that grounding provides. (ID0131.1; In the proposed rule, this provision
employees are adequately protected 0155.1.) OSHA concludes that training required that where devices originally
when they are attaching grounds. on induction, step, and touch potentials designed by the manufacturer for use as
Employers who fail to properly protect would get into issues that are highly safety devices, operational aids, or a
their employees in this regard will, in technical and would not help workers means to prevent power line contact or
appropriate circumstances, be subject to understand what they must do to electrocution are used to comply with
protect themselves and others. OSHA 1926.1408, they must meet the
citation under the General Duty Clause

(sec. 5(a)(1)) of the OSH Act. does, however, agree with the manufacturers procedures for use and
It should also be noted that work suggestion that workers be trained in conditions of use. The Committee
covered by 1926.1407 and 1926.1410 proper grounding procedures and in the concluded that this provision is
that is performed near transmitter or limitations of the protection that necessary to ensure that the devices
communication towers can pose electric grounding provides. As discussed under work as intended. No comments were
shock hazards similar to those 1926.1410, equipment grounding is received on this provision, and it is
addressed by 1926.1408(f). Due to one of the additional precautions promulgated without change. (See
1926.1417 for a discussion of OSHAs voltages greater than 1,000 kV. OSHA regarding insulating barriers in two
authority to require compliance with agrees and has modified 1926.1409 in respects. First, current policy recognizes
manufacturer procedures.) the final rule to conform to the other types of insulating barriers besides
requirement of Table A that the the type to which the Committee
Section 1926.1409 Power Line Safety
minimum clearance distance for lines referred.57 OSHA also recognizes goal-
(Over 350 kV) over 1,000 kV be determined by the post-type barriers and, in certain limited
As proposed, the requirements in utility owner/operator or a registered circumstances the insulation on
1926.1407 and 1926.1408 would professional engineer who is a qualified insulated power lines operating at 480
apply to power lines rated over 350 kV person with respect to electrical power volts or less. See, e.g., letters of
in all respects except one: Wherever the and distribution. OSHA notes that the interpretation dated February 8, 1994, to
regulatory text states 20 feet, 50 feet minimum distance under Option (2) for Mr. Ivan Blood (http://www.osha.gov)
would be substituted. Therefore, the voltages between 351 and 1,000 kV is 50 and August 9, 2004, to Mr. Mathew
trigger distance that would be used feet. The Agency expects that the McFarland (http://www.osha.gov).
when assessing an assembly/ distances set by utilities and registered Second, the Agency does accept barriers
disassembly area or work zone would be professional engineers in accordance that protect against brush contact under
50 feet. In addition, an employer with 1926.1409(b) will be at least 50 limited circumstances. See, e.g., letter of
engaged in assembly/disassembly that is feet. interpretation dated February 8, 1994, to
using Option (2) of proposed Mr. Ivan Blood (http://www.osha.gov).
Section 1926.1410 Power Line Safety However, as these letters of
1926.1407(a)(2), or an employer
(All Voltages)Crane Operations Closer interpretation recognize, these barriers
engaged in crane operations that is
Than the Table A Zone have their limitations. Because of this,
using Option (2) of proposed
1926.1408(a)(2)(ii), would be required Subpart N did not permit work closer OSHA has concluded that, although the
to maintain a minimum clearance than the 10-foot rule 55 unless the lines Committees rationale with respect to
distance of 50 feet. This would apply to were deenergized and visibly grounded 1926.1410 was slightly flawed by a
all power lines rated over 350 kV, or where insulating barriers, separate misunderstanding of subpart N
including power lines over 1,000 kV. from the equipment, were erected. requirements, their reasoning that the
For power lines over 1,000 However, the Committee recognized provisions of this section are more
kilovolts,54 employers electing to use that many employers, without meeting protective than the former standard still
Table A of 1926.1408 in either the exceptions, nonetheless worked holds.
assembly/disassembly (Option (3) in closer than the 10-foot rule. The This section starts out by explicitly
1926.1407(a)(3)) or crane operations Committee determined that most prohibiting equipment from operating
(Option (3) in 1926.1408(a)(2)(iii)) are employers do not use the option to closer than the distances specified in
required, pursuant to instructions in the deenergize and ground because of the Table A of 1926.1408 to an energized
Table, to maintain a minimum clearance time, expense and difficulty in making power line except where the employer
distance determined by the utility those arrangements.56 In addition, the demonstrates compliance with the
owner/operator or a registered Committee concluded that an requirements in 1926.1410.
insulating barrier of the type that is Note that, in the discussion below of
professional engineer who is a qualified
currently available does not, by itself, 1926.1410, references to a registered
person with respect to electrical power
adequately protect employees because professional engineer are, in
transmission and distribution.
these barriers are only effective for accordance with 1926.1410(c)(1),
In reviewing this regulatory language,
brush contact. If there is more than references to a registered professional
OSHA recognized that a minimum
brush contact, they will not protect engineer who is a qualified person with
clearance distance of 50 feet may be
employees from electrocution because respect to electrical power transmission
inadequate for the open-ended category
the equipment will damage the device. and distribution.
of over 1,000 kV. In fact, at some point One commenter on the proposed rule
in that range, a utility owner/operator or To address the insufficient
protections provided to employees who asked for clarification regarding who
a registered professional engineer may determines whether a professional
well specify a minimum clearance work closer than the 10-foot rule, the
Committee developed, and OSHA engineer is such a qualified person.
distance of more than 50 feet. However, (ID0155.1.) Under 1926.1401, a
as drafted in the proposed rule, proposed, a new approach, which is
contained in 1926.1410. It consists of qualified person is a person who, by
employers using Option (2) (in both possession of a recognized degree,
proposed 1926.1407(a)(2) and prerequisites and criteria that apply
when work must be conducted closer certificate, or professional standing, or
1926.1408(a)(2)(ii)) would only have to who by extensive knowledge, training
maintain a minimum clearance distance than the minimum clearance distance
specified in Table A of 1926.1408. and experience, successfully
of 50 feet. OSHA requested public demonstrated the ability to solve/
comment on whether proposed Option In this case, the Committees rationale
misrepresented existing OSHA resolve problems relating to the subject
(2) is insufficiently protective for power matter, the work, or the project. At a
lines rated over 1,000 kV. The one enforcement policy under subpart N
given construction site, the employer
commenter on this issue agreed that the 55 As described earlier, the 10-foot rule is who is conducting crane operations and
proposed provision was insufficiently shorthand for the formula in former who uses the services of the engineer to
protective for power lines carrying 1926.550(a)(15) for minimum clearance distances. carry out that employers
Under the 10-foot rule, for lines rated 50 kV or less, responsibilities under this section is
54 OSHA does not believe that there are any work was not permitted closer than 10 feet to an
energized power line. For lines rated more than 50
responsible for determining whether the
electric power transmission lines in the United
States that operate at more than 800 kV. However, kV, a clearance of 10 feet plus .4 inch for each 1 registered professional engineer is a
there may be some power lines associated with kV over 50 kV was generally required.
research laboratories or other similar facilities that 56 If power lines are deenergized and grounded, 57 The barriers are known as electrically
operate at more than 1,000 kV. In addition, it is power is shut off to the utility owner/operators insulating plastic guard equipment. See ASTM
possible that utilities may install new power lines customers. As a result, utility owner/operators are F71206 Standard Test Methods and Specifications
operating at more than this voltage or may upgrade understandably reluctant to implement such for Electrically Insulating Plastic Guard Equipment
existing lines to operate at higher voltages. measures. for Protection of Workers.
qualified person with respect to existing power lines must necessarily be having a registered professional
electrical power transmission and carried out close to those lines, and it engineer who is a qualified person with
distribution. would almost always be infeasible for respect to electrical transmission and
the clearances in 1926.1408 distribution determine the minimum
Paragraphs (a) and (b)
1926.1409 to be maintained. As a result, clearance distance that must be
These paragraphs set forth requiring such a finding would be a maintained. The Committee believed
prerequisites that must be met for the formality that would not add to worker that either of these sources of this
employer to be permitted to operate safety. information has sufficient expertise to
equipment closer to a power line than It is similarly inappropriate to require accurately apply the factors discussed
the applicable Table A of 1926.1408 a showing that it is infeasible to below in setting an appropriate
distance. Section 1926.1410(a) requires deenergize and ground the lines or minimum clearance distance.
the employer to determine that it is relocate the lines under paragraph (b) of Commenters objected to requiring the
infeasible to do the work without this section for subpart V work. Subpart utility owner/operator to be involved in
breaching the minimum clearance V provides for deenergizing and setting the minimum clearance distance.
distance under Table A. If the employer grounding as an alternative to live line (ID0161.1; 0162.1.) However,
determines it is infeasible to maintain precautions, but it also recognizes that paragraph (c) of this section does not
the Table A distance, under subpart V work may take place on live require the utility owner/operator to
1926.1410(b) it also has to determine, lines to avoid power disruptions to the establish the minimum clearance
after consulting with the utility owner/ utilitys customers and includes distance. It gives the employer the
operator, that deenergizing and precautions for such live line work. option of engaging the utility owner/
grounding the power line, as well as Thus, subpart V leaves to the utility operator for this purpose but, if the
relocating the line, are infeasible. See employer the discretion to decide utility owner/operator declines, the
discussion of infeasibility whether to deenergize and ground employer must engage a registered
determinations in 1926.1408(d). without the need for an infeasibility professional engineer who is a qualified
Two commenters argued that the determination, and OSHA concludes person with respect to electrical
requirement to demonstrate infeasibility they should continue to have this same transmission and distribution. In no
was unnecessary for electric utility work discretion under this final rule. OSHA case is the utility owner/operator
regulated under subpart V. (ID0203.1; also notes that paragraph (b) of this required to establish the minimum
0209.1.) After careful review of these section requires the employer to consult clearance distance.
comments, OSHA has concluded that it with the utility owner/operator before Under 1926.1410(c)(1), regardless of
is appropriate for subpart V work to be deciding that it infeasible to deenergize whether it is the utility owner/operator
excluded from the need to show and ground the lines or relocate them, or a registered professional engineer that
infeasibility under 1926.1410. and it would be anomalous to apply this makes this determination, several
Subpart V applies to the erection of provision where the utility owner/ factors must be considered when
new electric transmission and operator is itself the employer. establishing the minimum clearance
distribution lines and equipment and For these reasons, OSHA has distance. These factors include, but are
the alteration, conversion, and modified 1926.1410(c)(2) of the final not limited to: conditions affecting
improvement of existing transmission rule to clarify that paragraphs (a),(b), atmospheric conductivity; time
and distribution lines and equipment and (c)(1) of 1926.1410 do not apply necessary to bring the equipment, load
( 1926.950(a)(1)). Construction of new to work covered by subpart V of 29 CFR and load line (including rigging and
lines generally takes place some 1926. Instead, the 1926.950 Table V lifting accessories) to a complete stop;
distance from existing lines, and the 1 minimum clearances apply. Section wind conditions; degree of sway in the
lines themselves are not energized until 1926.1410(c)(2) also explains that power line; lighting conditions, and
construction is complete. Hence, employers engaged in subpart V work other conditions affecting the ability to
clearance distances are usually not an may work closer than the 1926.950 prevent electrical contact.
issue for new construction. However, Table V1 distances where both the A commenter objected to allowing
alteration, conversion, and requirements of 1926.1410 and cranes to operate closer to power lines
improvement of existing lines 1926.952(c)(3)(i) or (ii) are met.58 than the appropriate minimum
necessarily takes place on or near the See discussion later in this section approach distance to an energized line.
lines themselves. To enable such work regarding other provisions in (ID0226.) He further noted that, under
to be done safely, subpart V contains 1926.1410 that deal specifically with the proposed rule, an operator could
clearance requirements that permit subpart V work. take equipment closer to power lines
equipment to operate much closer to the than a qualified electrical worker. C
Paragraph (c) Minimum Clearance
lines than either former 1926.550 or DAC concluded, and OSHA agrees, that
Distance
1926.14081926.1409 of this final workers will be better protected if
rule, as well as supplementary After the employer makes the employers are required to adhere to
protective requirements that must be infeasibility determinations required by additional safety precautions when it is
followed when the subpart V clearance 1926.1410(a) and (b), a minimum infeasible to maintain the Table A
requirements cannot be observed. clearance distance must be established. clearances. Accordingly, to the extent
Subpart Vs clearance requirements Under 1926.1410(c)(1), the employer the commenter recommended that the
are found in Table V1 of 1926.950. can establish this distance by either standard not permit equipment to come
Subpart V does not require a showing of having the utility owner/operator
within the Table A distances, OSHA

infeasibility before allowing subpart V determine the minimum clearance rejects this commenters suggestion.
work to comply with these shorter distance that must be maintained or by The same commenter objected to
clearance distances, and OSHA allowing equipment operated by
58 OSHA is in the process of updating subpart V
concludes that the record does not nonelectrical workers to approach closer
requirements. If the Agency makes changes to those
support requiring such a showing under provisions that necessitate updating the cross-
to power lines than a qualified electrical
the final rule either. The very nature of references in 1926.1410(c)(2), those changes will worker. The rule does not, however,
work that alters, converts, or improves be made as part of that rulemaking. allow this. This section requires the
employer to determine a minimum therefore declines to add such a precautions to prevent such electrical
clearance distance that will prevent the statement. contact.
equipment from making electrical The third suggestion misconstrues the Paragraph (d)(1)
contact with the line. Although existing standard, which prohibits work within
subpart V permits employees to take the Table A clearance distances unless Under paragraph (d)(1) of this section,
equipment closer to power lines than the employer can show, among other for power lines that are equipped with
Table V1 of 1926.950, the things, that deenergizing and grounding a device that automatically reenergizes
corresponding general industry standard the line is infeasible. Therefore, except the circuit in the event of a power line
at 1910.269(p)(4)(i) prohibits the as noted above, 1926.1410(c) is contact, the automatic reclosing feature
operation of equipment closer than the promulgated as proposed. of the circuit interrupting device must
distances in Tables R6 through R10 of be made inoperative prior to beginning
1910.269. In the proposed revision of Paragraph (d) work. This will help ensure that, in the
subpart V, the proposed rule contains Once a minimum clearance distance event of a power line contact and
the same prohibition as the general has been established under activation of the automatic reclosing
industry standard. As a general matter, 1926.1410(c), the employer may not feature, the line would not be
OSHA determines that it is not proceed without first having a planning automatically re-energized. One
appropriate or safe for nonelectrical meeting with either the owner/operator commenter stated that many circuit
workers to bring equipment closer to of the power line or the registered interrupting devices currently in use are
power lines than is permitted under professional engineer to determine what incapable of having their automatic
1910.269(p)(4)(i) for qualified workers. procedures will be implemented to reclosing mechanisms disabled.
Therefore, the Agency does not expect prevent electrical contact and (ID0155.1.) OSHA verified that fact and
that distances shorter than those in electrocution. In accordance with has amended 1926.1410(d)(1) to clarify
Tables R6 through R10 of 1910.269 1926.1410(e), these procedures have to that the automatic reclosing feature
will be adequate to prevent electrical be documented and immediately must be made inoperative only if the
contact for purposes of available on-site. In addition, in design of the device permits.59
1926.1410(c)(1). accordance with 1926.1410(f) and (g), Paragraph (d)(2)
Several commenters suggested that these procedures have to be reviewed
when equipment operations closer than with the operator and other workers Under paragraph (d)(2) of this section,
the Table A of 1926.1408 zone are who will be in the area of the equipment a dedicated spotter who is in
performed, (1) qualified employees (as and the procedures must be continuous contact with the operator
defined under 1910.269) should be implemented ( 1926.1410(e)(g) are must be used. In addition, the dedicated
used (ID0161.1; 0199.1); (2) the discussed below). spotter must be equipped with a visual
equipment should be considered aid to assist in identifying the minimum
Section 1926.1410(d) sets out the
energized (ID0075.0; 0161.1); and/or clearance distance, must be positioned
minimum protective measures that must
(3) the power line should be to effectively gauge the clearance
be included in the procedures set by the
deenergized (ID0161.1; 0226.0). distance, where necessary must use
employer and utility owner/operator (or
equipment that enables him or her to
Regarding the qualified employees registered professional engineer). These
communicate directly with the operator,
suggestion, OSHA determines that the procedures need to include more
and must give timely information to the
training required under 1926.1410(m), stringent protective measures than those
operator so the required clearance
discussed below, is more appropriate for set out in 1926.1408, because
distance can be maintained. For a more
construction workers working with equipment will be in closer proximity to
in-depth analysis of the dedicated
cranes and other hoisting equipment power lines and there is otherwise a
spotter requirement and the public
than the training required under greater risk of contacting a power line
comments received, consult the
1910.269(a)(2)(ii) for electrical and causing electrocution. Therefore,
discussion of 1926.1407(b)(3)(i) and
workers. The training required under these procedures have to include, at a
1926.1408(b)(4)(ii) above. This
paragraph (m) focuses on the actions minimum, those set out in the
provision is promulgated as proposed.
that employees can take to protect remainder of this section.
themselves when working near Commenters objected to having the Paragraph (d)(3)
potentially energized equipment, while utility owner/operator involved in the Under paragraph (d)(3) of this section,
the training under 1910.269(a)(2)(ii) planning meeting required by paragraph an elevated warning line, or barricade
focuses on safe practices for working on (d) of this section. (ID0161.1; 0162.1.) that is not attached to the equipment,
energized lines. As with paragraph (c) of this section, positioned to prevent electrical contact,
The second suggestion is valid discussed above, the utility owner/ must be used. This warning line or
because prudence dictates treating the operator is not required to become barricade must be in view of the
equipment as energized when it is involved with the decisions that must operator either directly or by use of
closer than the Table A distance to an be made under this section. If the utility video equipment and must be equipped
energized power line. However, some owner/operator declines to participate with flags or similar high-visibility
provisions of the rule already treat the in the planning meeting, the employer markings. The need for an elevated
equipment as energized. These include must engage a registered professional warning line or barricade is explained
paragraph (d)(8), which requires engineer to help determine the above in the discussion of
barricades around the equipment to procedures needed to prevent electrical
1926.1408(b)(3). This provision does

prevent unauthorized personnel from contact. OSHA notes, however, that not apply to subpart V work.
entering the work area, and paragraph equipment making electrical contact As discussed above in relation to
(d)(9), which prohibits employees from with a power line can disrupt electrical 1926.1408(b)(3), there may be
touching the equipment. OSHA service as well as create a hazard to situations where the operator is not able
determines that no additional benefit employees on the worksite. Therefore, at
would be gained by a statement to treat least in some cases, the utility owner/ 59 This revised language is also consistent with
the equipment as energized and operator may wish to help develop the provisions of 1910.269(q)(3)(iv).
to see an elevated warning line or Second, OSHA is allowing employers purchase within a year after the
barricade. To address such situations, who have existing inventory of non- effective date of subpart CC, the Agency
under 1926.1408 and 1926.1409, approved links to continue to use these recognizes that some employers will
OSHA changed the regulatory text so links for an additional two years (up to have existing inventories of non-
that the employer is required to use both a total of three years after the effective approved links. OSHA is, therefore,
a dedicated spotter and one of the other date of the final rule), so long as the allowing employers the additional two
(non-spotter) measures listed in same protections required for the years to phase out the use of the non-
1926.1408(b)(4). Because the clearance alternative measures available during approved links to reduce the economic
distances are likely to be significantly the one-year interim period remain in burden of replacing the existing
smaller than the Table A distances, the place. 1926.1410(d)(4)(v). However, inventory of non-approved links.
Agency determines that more precise the use of links manufactured after the As noted above, OSHA encourages
means of estimating the clearance one-year interim period is prohibited employers to use non-approved links
distance are necessary. When the unless they are NRTL-approved as during the initial one-year interim
operator is not able to see an elevated required by the definition of insulating period as an extra measure of
warning line or barricade when working link/device in 1926.1401. protection, but is not requiring
closer than the Table A clearance The absence of an insulating link can employers to use them during this
distance, it is necessary to provide an result in the load becoming energized if interim period. The Agency recognizes
additional layer of protection by the equipment makes electrical contact that some employers might not already
requiring the use of video equipment to with a power line or the equipment own these devices because OSHA did
enable the operator to see the warning becoming energized if the load makes not mandate their use under subpart N.
line or barricade. Therefore, in all cases electrical contact with a power line. If OSHA required the use of non-
when working closer than the Table A When working inside the clearances approved links during the initial one-
clearance distance, the operator will permitted under Table A, the danger of year interim period, these employers
have two sets of eyes (in addition to such electrical contact is increased. As would be forced to incur additional
other protection required under this an interim precaution until insulating costs for devices that could only be used
section) to ensure that the equipment links (as defined in 1926.1401) become for a fixed period of one to three years.60
maintains the minimum clearance available, OSHA is requiring that all However, once the NRTL-approved
distance established under employees who may come in contact links are available for purchase, the cost
1926.1410(c). This paragraph is with the equipment, the load line, or the of purchasing the NRTL-approved links
adopted as proposed. load, excluding equipment operators would be a capital investment that
located on the equipment, must be could be amortized over the normal life
Paragraph (d)(4) Insulating Link/ insulated or guarded from the of the insulating link.
Device equipment, the load line, and the load. Several commenters noted the
Under paragraph (d)(4) of this section, Insulating gloves rated for the voltage limitations of insulating links/devices
an insulating link/device must be involved are adequate insulation for the and advocated for the ability to employ
installed at a point between the end of purposes of this alternative. This alternative measures when necessary.
the load line (or below) and the load. As interim precaution will provide some For example, commenters stated that no
described in the discussion of degree of protection to employees insulating links/devices were readily
1926.1408, an insulating link is a working near the equipment or load by available for loads above 60 tons or
barrier to the passage of electrical providing a layer of insulation should voltages above 33 kV. (ID0132.1;
current. When used on a crane, it the equipment or the load become 0155.1; 0197.1.) In addition,
prevents the load from becoming energized. During the one-year interim commenters noted that the added length
energized if the boom or the load line period following the effective date of of rigging that results when insulating
makes electrical contact with a power subpart CC, OSHA is encouraging, but links are used can create problems in
line and prevents the equipment from not requiring, the use of non-approved locations where there is limited
becoming energized if the load contacts links as an extra form of protection overhead clearance. (ID0132.1;
a power line. (although they cannot be used to satisfy 0155.1; 0197.1.)
As explained in the discussion of the standard). Another commenter who
1926.1408(b)(4)(v), OSHA anticipates OSHA is also providing a separate manufactures insulating links stated
that NRTL approval of these devices, alternative measure that would apply that insulating links are available with
which is necessary from them to meet for an additional two-year transition lifting capacities of up to 120 tons and
the definition of insulating link under period (following the first-year interim voltage capacities of up to 125 kV.61
1926.1401, will not be available for up period, for a total of three years) to (ID0216.1.) Therefore, OSHA
to one year after the effective date of this address employers who already own or concludes that no changes are necessary
rule. OSHA is providing two phase-in purchase non-approved links. See to address the objections to the
periods to allow time for the NRTL 1926.1410(d)(4)(v). Under this proposed insulating link requirement
recognition process, and to phase in the alternative, employers with non- based on load or voltage capacities.
requirement in a manner that will approved links would be required to use However, OSHA has concluded that
reduce the economic burden on them in addition to other alternative some accommodation may be necessary
employers with existing inventories of measures required under to address conditions associated with
devices that would qualify as 1926.1410(d)(4)(iv) during the initial electric utility operations in work areas
insulating links/devices, as defined in
one-year interim period. To be eligible

1926.1401, except that they have not for this alternative measure, employers 60 While the record indicates that these devices
been subject to NRTL approval (non- must use and maintain these non- are available for rental, it is not clear from the
approved links). First, OSHA is approved links in compliance with record that all employers would have access to the
providing for an alternative measure manufacturer requirements and businesses renting these devices.
61 Refer to the discussion of 1926.1408(b)(4)(v)
that will be available to all employers recommendations. While OSHA for a description of other comments received
for one year after the effective date of anticipates that NRTL-approved concerning insulating links in the context of that
the standard. 1926.1410(d)(4)(iv). insulating links will be available for provision.
with low overhead clearance from that will conduct electricity. Therefore, is in fact standing or sitting on the
power lines.62 Accordingly, OSHA has OSHA has concluded that the equipment. There may be some
added an alternative to this provision requirement that rigging that may be situations where this is not the case. For
for subpart V operations where use of an closer than the Table A distance be example, some equipment may be
insulating link is infeasible. However, nonconductive is appropriate, and the operated by pendant control or wireless
this provision should rarely, if ever, be provision is promulgated as proposed. control; in such cases the operator need
available to employers, as there are not be on the equipment to control it.
Paragraph (d)(6)
several alternatives to using a crane or OSHA requested public comment on
derrick in this operation including use Under paragraph (d)(6) of this section, this issue.
of an aerial lift with a material handler if the crane is equipped with a device Commenters agreed that equipment
or a manual hoist. The alternative that automatically limits range of operators operating from the ground via
requires use of alternate electrical safety movement, it must be used and set to remote controls need to be protected
precautions; specifically, the alternate prevent any part of the crane, load or from potential shocks by either (1) using
precautions are those required under the load line (including rigging and lifting wireless controls that physically isolate
electric power generation, transmission, accessories) from breaching the the operator from the equipment; or (2)
and distribution regulations applicable minimum clearance distance using insulating mats that insulate the
to general industry under established under 1926.1410(c). This operator from the ground. (ID0062.1;
1910.269(p)(4)(iii)(B) or (C). Those paragraph is promulgated as proposed. 0162.1.) OSHA agrees with these
precautions require either that the Paragraph (d)(7) comments. Although rubber insulating
hoisting equipment be insulated for the matting is designed for use as a floor
voltage involved, or that each employee Under paragraph (d)(7) of this section, covering, the Agency determines that
be protected from hazards that might if a tag line is used it must be such mats can provide an additional
arise from equipment contact with nonconductive. This requirement measure of protection for workers
energized lines.63 provides additional protection to those operating the equipment from the
employees who would be exposed to ground.64 OSHA has amended
Paragraph (d)(5) electrical hazards in the event that the paragraph (d)(9) accordingly.
Under paragraph (d)(5) of this section, equipment contacts a power line and
if the rigging may be closer than the the tag line they are holding becomes Paragraph (d)(10)
Table A of 1926.1408 distance during energized, or in the event that the tag Under paragraph (d)(10) of this
the operation, it must be of the line itself makes contact with the power section, only personnel essential to the
nonconductive type. This provides line. operation are permitted to be in the area
protection to those employees who Refer to the discussion of of the equipment and the load. In
would be exposed to electrical hazards 1926.1407(b)(2) for further explanation conjunction with 1926.1410(d)(8) and
in the event that the rigging contacts a of tag line non-conductivity and public 1926.1410(d)(9), this minimizes the
power line, which otherwise could comments received on this subject. This likelihood that any more employees
energize the rigging and the load. provision is promulgated as proposed. than are absolutely necessary to the
One commenter stated that he was Paragraph (d)(8) operation would be in a position to
unaware of any sling manufacturers make electrical contact with the
who market their slings as being Under paragraph (d)(8) of this section, equipment in the event the equipment,
nonconductive, and that there are no barricades must be used to form a load or load line makes electrical
test standards for testing the dielectric perimeter at least 10 feet away from the contact with the power line. No
properties of slings. (ID0155.1.) As equipment to prevent unauthorized comments were submitted on this
noted in the discussion of tag lines of personnel from entering the work area. provision; it is promulgated as
1926.1407(b)(2), CDAC considered In areas where obstacles prevent the proposed.
the utility of setting specifications for barricade from being at least 10 feet
material required to be nonconductive away, the barricade is required to be as Paragraph (d)(11)
but determined that it would be far from the equipment as feasible. This Under paragraph (d)(11) of this
impractical, and OSHA has additionally provision, along with 1926.1410(d)(9) section, the equipment must be properly
concluded that there is no need to and 1926.1410(d)(10), minimizes the grounded. As described in the summary
specify test criteria for these materials. likelihood that any more employees and explanation of final
The guidance provided for determining than are absolutely necessary to the 1926.1408(a)(2)(i) Option (1), in the
whether a tag line is nonconductive operation will be near the equipment in event the equipment inadvertently
applies equally here. Slings made from the event the equipment, load or load makes electrical contact with the power
nonmetallic fibers will meet the line makes electrical contact with the line, proper grounding will protect
standard provided they are not wet, power line. No comments were employees in two ways. First, if the line
dirty, or have substances on or in them submitted on this provision; therefore, it is equipped with a circuit interrupting
is promulgated as proposed. device, the grounding facilitates the
62 The example provided by the commenter was
Paragraph (d)(9) operation of the device to deenergize the
replacement/repair of utility pole transformers. (ID line. However, under some conditions,
0155.1.) Such operations frequently involve Under paragraph (d)(9) of this section,
for example, if there is arcing contact or
hoisting transformers onto and off of utility poles employees other than the operator are
immediately beneath power lines. The commenter if the contact is near the end of a power
prohibited from touching the load line
stated that frequently in those operations there is

barely sufficient room for the boom head itself; above the insulating link/device and 64 The proposed revision of subpart V also
when an insulating link is added to the load line, equipment. The reason CDAC did not proposed a new construction standard for electrical
the extra 23 feet of rigging prevents the hoisting extend this prohibition to the operator protective equipment, which would cover rubber
of the transformer to the required elevation. The is that the operator, by being in the cab, insulating matting. Until the subpart V revision is
commenter did not explain why an aerial lift or finalized, rubber insulating matting meeting ASTM
manual hoist could not be used. is going to be in electrical contact with D17801(2005) Standard Specification for Rubber
63 See discussion of this paragraph below under both the equipment and load line. Insulating Matting, meets the requirement in final
subpart V-work. However, this assumes that the operator 1926.1410(d)(9) for insulating mats.
line, the fault current may not be high measures provided by the requirements with the utility owner/operator or
enough to open the circuit for the power of this 1926.1410(d). registered professional engineer who
line. Second, in the event an employee One commenter on this provision developed the procedures.
on the ground is touching the believed that when work is being OSHA notes that proposed
equipment when it contacts the power performed under 1926.1410 around 1926.1410(f) referred only to the utility
line or if the circuit protective device voltages above which insulating line owner/operator. However, under
does not operate to deenergize the hose or cover-up are available, OSHA 1926.1410(d), the procedures are
power line, proper grounding will should require that the power line be determined in a planning meeting with
reduce the danger to the employee by deenergized and visibly grounded. (ID either the utility owner operator or a
providing an additional, low resistance 0161.1.) Another commenter stated that registered professional engineer, and
path to ground for the electric current, the Committee correctly limited the use whichever entity helped develop those
substantially lowering the voltage on the of line hoses and similar rubber cover- procedures must also participate in the
equipment while the power line ups as complete protection since it can meeting required under paragraph (f).
remains energized.65 be pierced, but stated that it was Therefore, OSHA has modified this
unfortunate that the Committee paragraph by adding a reference to the
Commenters on this provision prohibited the use of other rigid plastic registered professional engineer as an
stressed the need for worker training on barriers that are effective insulation and alternative to the utility owner/operator.
proper equipment grounding procedures are not easily pierced. (ID0144.1.) Several electric utility representatives
and the limitations of the protection that Regarding the former comment, OSHA questioned OSHAs authority to impose
grounding provides. (ID0131.1; notes that the rule applies only when these and other requirements upon
0155.1; 0161.1.) OSHA agrees. As the employer demonstrates that it is power line owners and operators. (ID
discussed under 1926.1408(g), OSHA infeasible to deenergize and ground the 0162.1; 0166.1; 0203.1; 0226.1.) As
is requiring that the training under that power line. Also, the provision does not stated above in response to similar
paragraph include training in proper require that line hose or cover-up be arguments, this paragraph does not
grounding procedures and the made of rubber; if rigid plastic barriers require the utility owner/operator to
limitations of the protection grounding provide effective insulation for the take any action. Another commenter
provides. To make clear that the training voltage involved, they are permitted by asked who was responsible for bearing
required under 1926.1408(g) is also this paragraph. OSHA also notes that the costs of deenergizing power lines
required under this section, OSHA is rigid plastic barriers (that is, electrically and other safety precautions, and what
adding 1926.1410(m), discussed insulating plastic guard equipment) is would happen if a utility owner/
below, to require that operators and also intended for brush contact only. operator was unable to meet the
crew assigned to equipment under this (See ASTM F71206 Standard Test equipment user at the requested time.
section be trained in accordance with Methods and Specifications for (ID0155.1) As stated above with
1926.1408(g). Section 1926.1410(d)(11) Electrically Insulating Plastic Guard respect to compliance costs, OSHA
is promulgated as proposed. Equipment for Protection of Workers.) determines that issues of compliance
Although this equipment may be able to costs and specific obligations are best
Paragraph (d)(12)
withstand higher forces, it is easier to handled as contractual matters among
Under paragraph (d)(12) of this displace than rubber insulating line the parties involved, and/or as
section, insulating line hose or cover-up hose. This provision is promulgated as prescribed by local and regional utility
must be installed by the utility owner/ proposed. regulatory authorities.
operator except where such devices are Paragraphs (g) and (h)
Paragraph (e)
unavailable for the line voltages
involved. The Committee noted that Under paragraph (e) of this section, Under paragraph (g) of this section,
prior subpart N, at former the procedures that are developed to the employer must implement the
1926.550(a)(15), allowed such comply with 1926.1410(d) must be procedures developed in accordance
insulating barriers to be used as a documented and immediately available with 1926.1410(d). And under
complete alternative to deenergizing on-site. This ensures that these paragraph (h) of this section, the utility
and grounding or to maintaining the procedures are available to be used as a owner/operator (or registered
applicable minimum clearance distance reference while the work is in progress. professional engineer) and all employers
from the power line. However, the No comments on this provision were of the employees involved in the work
Committee determined that such submitted, and it is promulgated as must identify one person who will
insulating devices do not provide proposed. direct the implementation of the
complete protection because they can be procedures. This person must direct the
Paragraph (f) implementation of the procedures and
pierced if the equipment makes more
Under paragraph (f) of this section, have the authority to stop work at any
than brushing contact with the device.
the equipment user and utility owner/ time to ensure safety. As with paragraph
However, the Committee concluded that
operator (or registered professional (f) of this section, OSHA is adding a
these insulating devices do provide
engineer) must meet with the equipment reference to the registered professional
protection if there is brushing contact
operator and the other employees who engineer to paragraph (h) to ensure that
and that such devices are useful to
will be in the area of the equipment or the entity that helped develop the
supplement the other protective
load to review the procedures that are procedures participate in the decision
developed under 1926.1410(d) to
65 It should be noted that hazardous potential

required under paragraph (h).
differences can be created in the ground when a
prevent a breach of the minimum The Committee concluded that, in
contact occurs, and employees standing close to, clearance distance established under view of the fact that more than one
but not touching, anything in contact with the 1926.1410(c). It is important that this employer is typically involved in these
power line can still be injured or killed. The review take place so that the operator situations, coordination among the
requirements in 1926.1425, Keeping clear of the
load, which are designed to protect employees from
and other employees understand this employers of these employees is needed
being struck or crushed by hazards, will also protect critical information and have the for the protective measures to be
employees from these electrical hazards. opportunity to discuss the procedures effectively implemented. Once the
operation is underway, safety-related employer has the responsibility to thought out procedures when such work
orders typically need to be given and comply with this provision, stating it is done. OSHA is not convinced that a
followed without delay. Since an should be the equipment operator and permit system is needed to ensure that
employee of one employer typically not the utility owner/operator. (ID employers act carefully under this
would not immediately follow an 0161.1.) OSHA notes that this section. OSHA expects that the stringent
instruction from another employer, it is paragraphs requirement for the precautions required when employers
necessary that, before these operations employer to safely stop operations work closer than the 1926.1408 and
begin, all employees understand that the applies to the employer(s) who are 1926.1409 clearance distances will
one designated person will have this conducting the operation, and the ensure that an employer will only
authority. For these reasons, the requirement for that employer to contact determine that it is infeasible to work
Committee determined that there needs the utility owner/operator after stopping within those distances if there is really
to be one person who all involved in the operations makes clear that a utility no other viable option. Similarly, the
operation recognize as having this role owner/operator who is not conducting requirement that a minimum clearance
and authority. equipment operations near the power distance must be determined by a utility
A commenter objected to having the line is not the employer under this owner/operator or registered
utility owner/operator involved in paragraph. OSHA concludes these professional engineer ensures that
determining which individual should points are sufficiently clear, and the sound expert judgment will enter into
direct implementation of the provision is promulgated as proposed. that determination without the need for
procedures, saying that the decision additional documentation.
Paragraph (k)
should be made by the contractors. (ID Subpart V Work
0155.1.) OSHA notes that this provision Proposed paragraph (k) required that,
is closely tied to paragraphs (d) and (f) where a device originally designed by In the proposed rule, OSHA discussed
of this section, under which the utility the manufacturer for use as a safety in detail the compliance duties the rule
owner/operator or registered device, operational aid, or a means to would impose on employers engaged in
professional engineer is involved in prevent power line contact or subpart V work (see 73 FR 59762
developing the procedures and in electrocution is used to comply with 59764, Oct. 9, 2008). Industry
reviewing the procedures with the 1926.1410, it must meet the representatives objected to some of the
appropriate employees. At this point, manufacturers procedures for use and changes from the requirements of
the utility or registered professional conditions of use. (See 1926.1417 for subpart V. Among other things, they
engineer is well situated to help identify a discussion of OSHAs authority to pointed to another ongoing rulemaking
an individual who is able to direct the require compliance with manufacturer in which OSHA proposed to amend
procedures.) No comments were subpart V in ways that differ from the
implementation of the procedures. As
received on this provision; it is changes proposed by CDAC (70 FR
with the other provisions of this section
promulgated as proposed. 34821, Jun. 15, 2005).67
that require the involvement of the
utility or a registered professional General Comment OSHA proposed requirements in
engineer, the utility has the discretion addition to those in subpart V because
A commenter suggested that OSHA it had already concluded that the
not to participate, in which case the consider requiring a written permit as a
employer operating the equipment must measures required by subpart V for the
precondition to any work being done operation of equipment near power
use a registered professional engineer. closer than 20 feet to a power line.66 lines are insufficiently protective. (See
Paragraph (i) [Reserved] (ID0201.1.) The permit, according to the discussion of 1910.269(p)(4) in the
this commenter, should document many preamble to the final rule promulgating
Paragraph (j) of the requirements of this section, the general industry standard on the
This provision requires the employer including the basis for the employers operation and maintenance of electric
to safely stop operations if a problem infeasibility determinations, the utility power generation, transmission, and
occurs with implementing the owner/operators or registered distribution installations (59 FR 4320,
procedures in paragraph (d) of this professional engineers determination of 44004404, Jan. 31, 1994)). Although
section or if there is an indication that a minimum clearance distance, the proposed subpart V would require
those procedures are inadequate to specific procedures to be followed in measures that are sufficiently protective,
prevent electrocution. In addition, this performing the work, verification that OSHA has not yet adopted it as a final
provision requires that the employer the employees have received the rule. Consequently, the Agency is taking
either develop new procedures which required training, and other information action today to increase the protection
comply with paragraph (d) or contact relevant to the work. The commenter currently afforded by subpart V. In
the utility owner/operator and have did not explain why it believed such a doing so, OSHA has also addressed the
them deenergize and visibly ground or permit system would result in greater concerns raised by utility industry
relocate the power line(s) before safety, but OSHA infers that the representatives.
resuming operations. commenter believes that the need to First, as discussed above, OSHA has
Two commenters suggested that the document certain information, such as made several changes to the final rule in
utility might not be able to deenergize the basis for the employers infeasibility response to comments from the electric
the lines for medical or security reasons findings, will lead to more careful utility industry. These include: (1) An
and asked what would happen in such consideration of the factors that enter expanded exclusion for digger derricks
a case. (ID0155.1; 0162.1.) OSHA into the decision that it is necessary to
used in utility pole work; (2) deleting

recognizes that utilities may not be work closer to a power line than is the requirement that employers engaged
willing or able to discontinue power to normally permitted and more carefully in subpart V work show the infeasibility
their customers, and 1926.1410(j) of complying with the required
66 This commenter recommended that 20 feet
permits relocating the line as an clearance distances in 1926.1408
should be the minimum clearance distance for all
alternative to deenergizing. work and that Table A of 1926.1408 should be
An electric utility representative deleted. OSHA explained in 1926.1408 why it was 67 The subpart V proposed rule was published
requested that OSHA clarify which rejecting this suggestion. after CDAC completed its work.
through 1926.1409; and (3) an One commenter opposed deleting against electrical hazards while
alternative to the requirement for former 1926.952(c)(2)(i) and (ii) equipment is traveling with no load
insulating links under 1926.1410(d)(4). because the commenter believed that it under power lines on a construction
In addition, employers engaged in would not be confusing to duplicate site. It did not address the potential
subpart V activities are not required to requirements now found in subpart CC hazards associated with equipment
implement certain other protective in subpart V. OSHA disagrees. As traveling without a load near power
measures required by this standard amended by this rule, 1926.952(c)(3) lines. OSHA requested public comment
when working near power lines. As states that its requirements are in on whether it is necessary to expand the
discussed above, subpart V work would addition to the requirements in applicability of this section to include
not be subject to the requirement for an 1926.1410. Restating requirements in equipment traveling on a construction
additional protective measure from the 1926.952(c)(3) that are also found in site without a load near power lines.
list in 1926.1408(b)(4). Also, subpart V 1926.1410 can lead to uncertainty over Two commenters favored broadening
work would not be subject to the whether the duplicate requirements are the applicability of 1926.1411 to
prohibition in 1926.1408(d)(1) against in fact redundant or are separate include equipment traveling near power
equipment operating under power lines requirements.70 lines, with near being defined as the
(see discussion above of OSHA notes that in this zone, one of distances listed in Table T. (ID0205.1;
1926.1408(d)(2)(i)). And the options that an employer engaged in 0213.1.) One commenter responded
1926.1410(d)(3) provides that an subpart V has under prior that adding an additional set of power
employer engaged in subpart V work 1926.952(c)(3)(i) is to insulate the line clearance distances to trigger the
closer than the Table A of 1926.1408 equipment. Under 1926.1410(d)(11), requirements of 1926.1411 would be
distance is not required to use an that employer also must ground the confusing. (ID0144.1.) A fourth
elevated warning line or barricade. equipment. An employer can comply commenter thought that the
In recognition of the fact that much with both requirements by using requirements of 1926.1411 should
subpart V work necessarily takes place equipment with an insulating boom and extend to cover equipment traveling
on or near energized power lines, grounding the uninsulated portion of along side of power lines, but did not
employers engaged in such work may the equipment (that is, the portion suggest a definition for the term along
comply with shorter minimum below the insulated section of the side of. (ID0155.1.)
clearance distances than those specified boom).
in 1926.1408 and 1926.1409: they After considering these public
It should also be noted that, in the comments, OSHA concludes that this
must generally adhere to the clearance subpart V rulemaking, OSHA has
distances in Table V1 of 1926.950. section should address the hazard of
proposed to prohibit equipment (other equipment traveling near, as well as
However, 1926.952(c)(2) (redesignated than insulated aerial lifts, which are not
as 1926.952(c)(3) as a result of this under, power lines with no load. If
covered by this final rule) from being equipment comes into electrical contact
rulemaking) permits clearances less
operated closer than the minimum with a power line while traveling
than those in Table V1 and includes
approach distances from power lines. If without a load, the same electrocution
requirements that must be met when
this prohibition is carried into the final hazard is present as when it is operating
equipment is operating closer to power
subpart V rule, then the requirements in with a load. The precautions in this
lines that those distances. To make this
this final rule relating to work inside the section will protect workers against that
clear, 1926.1410(c)(2) provides:
distance in Table V1 will have no hazard.
Employers engaged in subpart V work
effect. OSHA agrees with the two
are permitted to work closer than the
Finally, 1926.1400(g) includes a new commenters who suggested that Table T
distances in 1926.950 Table V1
compliance alternative for subpart V of this section contains appropriate
where both the requirements of this
work that has been added to the final clearances for equipment traveling near,
section and 1926.950(c)(3)(i) or (ii) are
rule. as well as under, power lines. Applying
met. 68 OSHA is also making
conforming amendments to Paragraph (l) [Reserved] Table T to equipment traveling near
1926.952(c)(3), which was formerly power lines will provide a uniform rule
Paragraph (m) for this section and will ensure adequate
designated 1926.952(c)(2).
Under this section, the precautions As noted above, the training worker protection. Although the Table T
previously specified in requirements contained in clearance distances are less than those
1926.952(c)(2)(i) and (ii) are required 1926.1408(g) are being added to this required under Table A of 1926.1408
under 1926.1410(d) when equipment section as well to assure that employees during crane operations, additional
used in subpart V work is operated engaged in activities under this section protection is provided under this
closer than the Table V1 clearances. receive adequate training. section by the requirement in paragraph
Since these precautions are now (b)(1), discussed below, that the boom/
Section 1926.1411 Power Line mast and boom/mast support system be
required by 1926.1410(d), OSHA is SafetyWhile Traveling Under Power
deleting them from subpart V as lowered sufficiently to meet the
Lines With No Load requirements of this paragraph. With the
redundant. Therefore, OSHA is
including the non-redundant provisions Paragraph (a) boom/mast lowered, the highest point of
from the proposed rule in the final rule, Proposed paragraph (a) provided that the equipment will generally be below
with proposed 1926.952(c)(2) this section is designed to protect the plane of the power line, reducing
the risk of accidental contact. Moreover,
redesignated as 1926.952(c)(3).69
of metal or conductive ladders near energized as also noted below, the dedicated
68 The proposed rule referred to equipment); 1926.951(f)(3) (hydraulic tools used spotter requirement of 1926.1411(b)(4)
1926.950(c)(2)(iii) or (iv). The final rule reflects on or around energized equipment shall use will be triggered whenever the
the changes in numbering to 1926.950(c)(2) that nonconducting hoses); 1926.953(c) (materials or equipment while traveling will get
are made elsewhere in this final rule. equipment shall not be stored near energized
69 In subpart V, when equipment is considered equipment if it is practical to store them elsewhere). closer than 20 feet to a power line,
energized, a number of subpart V requirements are 70 Amendments to 1926.950(c)(1) are discussed thereby providing additional protection
triggered. See, e.g., 1926.951(c)(1) (restricting use in 1926.1400, Scope. against accidental contact.
Accordingly, in the final rule, Section 1926.1411(b)(3) requires the Paragraphs (a) through (j) of this
paragraph (a) applies to equipment employer to ensure that the effects of section provide inspection requirements
traveling under or near a power line on speed and terrain are considered so that for equipment covered by subpart CC.
a construction site with no load. In those effects do not cause the minimum Those requirements are supplemented
addition, in the proposed rule, the clearance distances specified in Table T by other sections of this standard for
heading of 1926.1411 read: Power to be breached. Sections specific types of equipment. This
line safetywhile traveling. In the final 1926.1411(b)(1)(3) are promulgated as section is structured so that certain
rule, OSHA has added the words under proposed. activities (e.g., equipment modification,
or near power lines with no load so Section 1926.1411(b)(4) requires the repair/adjustment, assembly, severe
that the heading more clearly describes employer to use a dedicated spotter if service, or equipment not in regular use)
the activity to which the section applies. any part of the equipment while and the passage of time (e.g., shift,
These requirements apply only to traveling will get closer than 20 feet to monthly, and annual/comprehensive)
cranes/derricks while traveling on a a power line. This provision also trigger the inspection requirements.
construction site under or near power requires that the dedicated spotter be in The proposed rule specified that the
lines; they do not apply to equipment continuous contact with the crane various inspections were to be
while traveling on roads (or in areas) operator; be positioned to effectively conducted by either a competent
that are not part of a construction site. gauge the clearance distance; where person or a qualified person
In addition, this section does not apply necessary, use equipment that enables depending on the type of inspection.
to equipment traveling on a the spotter to communicate directly Both terms are defined in 1926.01.
construction site with a load. That with the crane operator; and give timely OSHA solicited public comment on
situation is governed by 1926.1408, information to the crane operator so that whether a protocol similar to that for
1926.1409, and 1926.1410. To make this the required clearance distance can be signal person qualifications in 1926.28
clear, OSHA is adding the language to maintained. See the earlier discussion of is needed to ensure that the person who
paragraph (a) specifying that spotters in 1926.1407 and 1926.1408. performs these inspections has the
1926.1408, 1926.1409, and requisite level of expertise (73 FR
In reviewing proposed
1926.1410, whichever is appropriate, 59766, Oct. 9, 2008). Section 1926.28
1926.1411(b)(4), OSHA noted that the
govern equipment traveling on a establishes qualification requirements
language crane operator was used
construction site with a load. for signal persons and requires those
rather than driver. Because
individuals to have their qualifications
Paragraph (b) 1926.1411 deals with power line safety
evaluated by a qualified evaluator to act
while equipment is traveling without a
as signal persons under this subpart.
Under paragraph (b)(1) of this section, load, OSHA recognized that the Several commenters responded that
the boom/mast and boom/mast support language crane operator may not be there should be a verified testing system
system must be lowered sufficiently to appropriate in all situations. In some to ensure qualified inspectors have the
meet the requirements of this paragraph. cases a crane operator may not be the requisite knowledge to inspect
Paragraph (b)(2) specifies that the driver of such equipment on the effectively or that the standard require
clearances specified in Table T of this construction site. Therefore, OSHA inspectors to demonstrate that ability.
section must be maintained. The values solicited comments on whether the (ID0182.1; 0187.1; 0226.)
in Table T, which provides the language crane operator used in Regarding paragraph (f) of this section
minimum clearance distances while proposed 1926.1411(b)(4) should be (annual/comprehensive inspections of
traveling with no load and a lowered changed to driver or driver/operator. equipment) and 1926.1413(c) (annual
boom, are substantially similar to the The two commenters who addressed wire rope inspections), a local
values used in sec. 53.4.5.5 of ASME this issue supported changing the government further recommended that
B30.52004. language to driver/operator. (ID OSHA require that a government agency
In the proposed rule, the heading of 0205.1; 0213.1.) Therefore, this change or a third party crane inspector licensed
Table T read: MINIMUM CLEARANCE to the regulatory text has been made in or certified by the local government
DISTANCES WITH NO LOAD AND the final rule. perform the annual inspection.
BOOM/MAST LOWERED. In addition, Section 1926.1411(b)(5) requires the (ID0156.1.) The commenter also
each clearance distance in the table was employer to ensure that, when traveling believed that the individual who
followed by the following parenthetical: at night or in conditions of poor inspects an equipment modification in
(while traveling, boom lowered). visibility, the power lines must either be accordance with paragraph (a) of this
OSHA determines that the references to illuminated or another means of section must possess a certification from
the boom in the heading and identifying them are used and a safe the manufacturer or an independent
parentheticals could be confusing. The path of travel is identified. No public third party and have the requisite
intent of the table is to establish comments concerning this provision training to inspect modified, repaired,
minimum clearance distances while the were received; therefore, it is or altered crane components.
crane is traveling, not clearance promulgated as proposed. In contrast, a utility company and two
distances with the boom lowered. As trade associations did not support
Section 1926.1412 Inspections
noted in the discussion of revising the final rule to include a more
1926.1411(b)(1), the boom and/or mast This section seeks to prevent injuries stringent inspector qualification
must be lowered sufficiently to comply and fatalities caused by equipment requirement. (ID0226; 0205.1; 0213.)
with Table T; it is not a prerequisite to failures by establishing an inspection The two trade associations expressed
the applicability of Table T. process that identifies and addresses concerns that the Committee never
Accordingly, in the final rule, the words safety concerns. The reasoning discussed the required level of
AND BOOM/MAST LOWERED are underlying the proposed requirements knowledge of inspection workers,
deleted from the heading of Table T, is discussed at 73 FR 5976659776, Oct. which, in the commenters view, means
and the parentheticals are also removed 9, 2008. The following addresses public that consensus was not reached on the
from the clearance distances in the comments and differences between the issue and that the issue should not be
table. proposed and final rules. included in the final rule.
In response to these comments, OSHA did not contain a documentation and adjustments were performed in
is retaining the qualification requirement. An industrial contractor accordance with manufacturer
requirements for inspectors as specified stated that the standard should require equipment criteria.
in the proposed rule but is not documentation of this inspection (as Proposed 1926.1412(b)(1)(iii) stated
mandating that the inspector be well as the inspections required under that [t]he inspection shall include
assessed by a qualified evaluator, paragraphs (b) and (c) of this section, functional testing. As in the case of
certified, or licensed because there is discussed below) but offered no reasons proposed 1926.1412(a)(1)(ii) discussed
not sufficient evidence in the record to to support its suggestion. (ID0120.) above regarding modified equipment,
warrant these additional requirements. Absent a basis in the record to add such OSHA requested public comment on
A number of current OSHA construction a requirement, OSHA declines to whether the functional testing required
standards, as did former 1926.550, require documentation of the for repaired/adjusted equipment should
require inspections to be conducted by inspections under paragraphs (a), (b), be limited to testing only those
competent persons or qualified persons. and (c). components that are or may be affected
For example, 1926.651(k) requires that Proposed 1926.1412(a)(1)(ii) stated by the repair or adjustment (73 FR
a competent person conduct a daily that [t]he inspection shall include 59767, Oct. 9, 2008).
inspection of excavations for possible functional testing. OSHA requested Several commenters asserted that
cave-in hazards. OSHA is not aware of public comment on whether it should functional testing is only necessary to
evidence in the record indicating that modify the provision to limit the test the repairs or adjustments and other
accidents would be prevented if OSHA functional testing requirement to affected components and systems of the
required inspectors to have additional components that the modification equipment. (ID0205; 0213.) In
qualifications or credentials. OSHA affects or may affect (73 FR 59766 contrast, one commenter indicated that
disagrees, and concludes that accidents 59767, Oct. 9, 2008). Several the functional testing should be of the
do not occur due to the inability of commenters asserted that functional entire crane. (ID0156.)
competent or qualified persons to testing is only necessary to test The standard requires that repairs or
modifications of the equipment and adjustments of equipment must be done
conduct adequate inspections of cranes
other affected components. (ID0205; in accordance with the manufacturers
under the former standard. Accordingly,
0213.) In contrast, a local government or qualified persons recommendations.
OSHA is retaining the requirement in
asserted that the functional testing Repairs or adjustments are meant to
1926.1412 that the various required
should be of the entire crane. (ID restore equipment to original design
inspections be conducted either by
0156.1.) specifications and safety factors.
competent persons or qualified persons.
OSHA is concerned that there may be Otherwise, OSHA considers the
The local governments request that
instances where a modification has an maintenance activity performed a
OSHA not preempt local laws and allow
unanticipated effect on the equipment modification of the equipment. In
local governments to continue to play a
that would not become apparent if the essence, repair or adjustment of a
role in crane inspections is within the system or component must be consistent
test were limited. Therefore, the Agency
scope of the local governments broader with the engineering in the original
has decided to require a functional test
preemption concerns addressed in the equipment design. OSHA believes that a
of the equipment as a whole. To make
discussion of federalism in section V.D functional test that is limited to only
this clear, the words of the equipment
of this preamble. However, OSHA notes those components that are or may be
have been added at the end of the
that 1926.1412 would not preclude affected by the repair or adjustment, in
sentence of the provision in the final
local government inspectors or others conjunction with the inspection
rule.
who are not employees of the employer During the SBREFA process, a Small required under 1926.1412(d). Each
responsible for the inspections, from Entity Representative (SER) suggested shift (discussed below), will sufficiently
serving as inspectors in compliance adding an exception to 1926.1412(a) identify a deficient repair or adjustment.
with the requirements of this standard. for transportation systems, by which OSHA has therefore modified the
The inspector need only meet the the SER meant any system dispersing language of 1926.1412(b)(1)(iii) in the
definition of a competent or qualified the weight of the crane for movement on final rule accordingly.
person in 1926.1401 (note that a a highway. As recommended by the A commenter stated that
competent person must have the Panel, OSHA solicited public comment 1926.1412(b) should be structured
authority to take corrective action.) on whether to include such an similarly to 1926.1434, Modifications,
Paragraph (a) Modified Equipment exception and possible language for it in that the employer should be required
(73 FR 59767, Oct. 9, 2008). No to consult with the manufacturer before
Paragraph (a) of this section requires employers perform repairs or
comments were submitted on this point.
an inspection (that includes functional adjustments of equipment that relate to
OSHA notes that 1926.1412 specifies
testing of the equipment) to be safe operation. (ID0292.) In that case,
the items that must be inspected, and
performed by a qualified person for the commenter stated, no third party
these items do not include any items
equipment that has been modified or would be able to overrule a
dealing with the movement of
has additions that affect the safe manufacturer statement that a repair
equipment on a highway.
operation of the equipment prior to cannot be made. The commenter
initial use after that modification/ Paragraph (b) Repaired/Adjusted believed that an employer should only
addition.71 As proposed, this paragraph Equipment be able to go to paragraph (b)(1)(ii) if the
Paragraph (b) of this section provides
71 The phrase modifications or additions and

manufacturer is unavailable.
the term modifications/additions, as used in this
that equipment that has had a repair or OSHA does not agree with the
section, have the same meaning (an addition is a adjustment that affects the safe suggested change. Implicit in the
type of modification). CDAC wanted to emphasize operation of the equipment must be comment is the suggestion that there are
that additions are subject to the same approval inspected by a qualified person prior to instances where a repair cannot be made
procedures as other types of modifications.
Wherever a form of the word modification is used
initial use after the repair/adjustment. In without compromising the integrity of
in this preamble, it is a reference to all summary, the qualified person is the equipment. That concern is already
modifications, including additions. required to determine if such repairs addressed by the standard. If the repair
cannot meet the criteria in accordance While some of the items that must be of some of this equipment, potentially
with 1926.1412(b)(1)(i) (or, if inspected can readily be inspected by different employees using it for
applicable, 1926.1412(b)(1)(i)), then before each shift, e.g., cab windows for different purposes, makes it all the more
the requirements in subpart CC for deficiencies that would hinder the likely that important information might
modifications would have to be met. operators view, others can best be not be shared in a timely manner, and
Therefore, OSHA declines to adopt the checked while the equipment is therefore more important to ensure that
suggested change. operating. For example, one item that the equipment is inspected during each
must be inspected is control shift of construction work. An employer
Paragraph (c) Post-Assembly
mechanisms for maladjustments that cannot assume that the condition of the
Paragraph (c) of this section requires interfere with proper operation. During equipment has not changed since the
a post-assembly inspection of the shift, such maladjustments may be completion of the last shift inspection,
equipment by a qualified person prior to easier to detect than a check conducted even if the employer did not use the
its use. In sum, the provision requires before the equipment is operating. Still equipment extensively during that shift.
the qualified person to assure that the others may change during the shift and OSHA is convinced that it is reasonable,
equipment is configured in accordance require additional inspection. For and not overly burdensome, to require
with the manufacturers equipment example, if the crane is moved to a new a competent person to complete this
criteria. If manufacturer equipment location during the shift, it would be inspection of the equipment before or
criteria are unavailable, the qualified necessary to inspect the ground during each shift to ensure it is safe for
person must determine whether a conditions in that location. use.
registered professional engineer (RPE) is Regarding the frequency of this A competent person is required to
needed to develop criteria for the inspection, an energy utility perform the shift inspection. A labor
equipment configuration. If an RPE is representative commented that the per- management association commented
not needed, the employer must ensure shift crane inspection fails to take into that OSHA should replace competent
that a qualified person develops them. account the frequency or severity of use. person with operator for the purposes
If an RPE is needed, the employer must (ID0203.1.) The commenter points out of who should perform the visual
ensure that an RPE develops them. that if a crane is used once during the inspection required by 1926.1412(d).
Equipment must not be used until an first shift, and once during the second (ID0172.) As explained in the preamble
inspection under this paragraph shift, even if only to lift a minor load, to the proposed rule, OSHA anticipates
demonstrates that the equipment is the inspection would have to be that the employer will often use the
configured in accordance with the conducted twice. The commenter agrees equipment operator as the competent
applicable criteria. OSHA received no that the per shift inspection may be person who conducts the shift
comments on the proposed paragraph; valuable and necessary on constructions inspection. The operator, in most cases,
therefore, it is published as proposed. sites where cranes are used by virtue of his or her qualification or
Paragraph (d) Each Shift continuously for heavy use, but states certification under 1926.1427 and
that the level of inspection should be 1926.1430, experience, and familiarity
Paragraph (d) of this section requires adjusted to reflect the infrequent use of with the equipment, is a competent
a shift inspection, the first of three mobile cranes for construction activities person. However, the employer has the
regularly scheduled equipment at operating generating plants. The flexibility to use someone else to
inspections that are required. commenter suggests that the final conduct the shift inspection as long as
Specifically, paragraph (d)(1) sets forth standard should permit employers to that person is a competent person.
the frequency of this inspection, the use the inspection protocol in ASME When the operator does not qualify as
degree of scrutiny required and the level B30.5, sec. 52. a competent person, the employer is
of expertise required of the person OSHA does not agree that minimal required to choose a different person.
performing this inspection. The use during one shift negates the need for For these reasons, in the final rule,
paragraph lists the items that are a shift inspection during the next shift. OSHA is retaining the requirement that
required to be included in this Since the completion of the last shift a competent person conduct the shift
inspection and specifies the corrective inspection, the equipment could have inspection.
action that is required. The purpose of developed a deficiency or been damaged A local government requested that the
this provision is to identify and address even if it was used to hoist one load. For standard require the employer to
safety hazards before they cause example, fluids may expand or freeze, document the completion and results of
accidents. seals may leak due to a change in the shift inspection. (ID0156.1.) In
A utility company recommended that temperature, structural materials may addition, it asked that the standard
OSHA revise 1926.1412(d) to read crack, or electrical components may fail. require employers to submit daily logs
each shift the equipment is used * * * A deficiency that might not have been to the equipment owner at the end of
. to clarify that the equipment does not apparent earlier might become more each job that include a list of
have to be inspected when it will not be readily observable. maintenance and repairs made to the
used on a shift. (ID0226.) This Moreover, while some equipment may equipment by the user at the jobsite. It
suggested change is consistent with the be used infrequently for construction also requested that the owner maintain
intent of the proposed rule, and OSHA work, the commenter did not disagree these documents for the life of the
is adding similar language to final rule that it may be used heavily for other equipment and transfer them from
1926.1412(d)(1) to clarify that intent. purposes. When a crack, leak, or other owner to owner when sold.
One commenter asserted that OSHA hazard appears, and the equipment is to OSHA determines the documentation
should prohibit operation of the be used in construction, the source of described by the commenter would be
equipment until the shift inspection is that hazard is immaterial; the fact that burdensome for the user and owner of
complete rather than permitting the the problem may have developed during the equipment, with no added, industry-
inspection to be completed during the non-construction uses does nothing to recognized, benefit to safe hoisting
shift. (ID0156.1.) A different reduce the safety hazard that would be operations. There is no significant,
commenter disagreed. (ID0143.) OSHA posed by the use of that equipment in safety-related evidence in the record to
does not agree with this suggestion. construction. Instead, the multiple uses substantiate the documentation
requirements the commenter contains requirements for ground position, both shift and after each move
recommended. Therefore, OSHA is not conditions, makes clear that the and setup. The SBREFA Panel
requiring documentation of the shift conditions being addressed are those recommended that OSHA solicit public
inspection. where the equipment is operating. To comment about whether it is necessary
The SBREFA Panel recommended the extent that a railroad crane may to clarify the requirement of proposed
that OSHA solicit public comment on move down the track during a 1926.1412(d)(1)(xi) that the equipment
whether, and under what construction operation, OSHA be inspected for level position by
circumstances, booming down should determines it is appropriate to require clarifying the amount of tolerance that
be specifically excluded as a part of the the ground conditions along the track to would be allowed for the equipment to
shift inspection, and whether the be inspected to ensure that no be considered level. OSHA requested
removal of non-hinged inspection plates hazardous conditions, such as the public comment on this issue and
should be required during the shift erosion or other physical degradations several commenters asked OSHA not to
inspection. Section 1926.1413(a)(1), of the support for railways, have specify tolerance limits. (ID0143.1;
discussed below, explicitly states that developed that will adversely affect the 0170; 0205; 0213; 0226.) OSHA
booming down is not required as part of support needed for equipment to notes that 1926.1402(b), which
the shift inspection for wire rope. C perform safely during hoisting pertains to ground conditions, requires
DAC did not include a similar provision operations. However, OSHA is adding the equipment, during use, to be level
in the general shift inspection provision language to exempt railroad tracks and to the degree specified by the equipment
in 1926.1412(d) because booming their underlying support from manufacturer. For clarity, OSHA is
down is not required to observe a inspection when those rails are adding language to 1926.1412(d)(1)(xi)
deficiency in any of the items requiring regulated by the FRA. OSHA concludes to state that the equipment must be
inspection under that paragraph. that the exemption is appropriate inspected for level position within the
Similarly, OSHA determines that because the FRA already regulates the tolerances specified by the equipment
inspection for a deficiency in any of ground conditions for railroad tracks, manufacturers recommendations.
those items does not require the removal including specific regulations OSHA is also adding the words before
of non-hinged inspection plates. addressing the inspection of those rails each before shift to clarify the
Several commenters submitted and their support. See, e.g., 49 CFR provisions intent.
comments that indicated a need for 213.233 (track inspections) and 213.237 Paragraphs (d)(2) and (d)(3) require
OSHA to clarify that it is not usually (inspection of rail). For consistency and the employer to take corrective action
necessary to boom down to complete a clarity, OSHA is adding similar where the competent person identifies a
visual inspection of the items listed in language exempting rails regulated by deficiency during inspection. Once the
1926.1412(d). (ID0143.1; 0205; the FRA to paragraph (d)(1)(xiii). inspector identifies any deficiency in
0213.) In response to the apparent A crane rental company objected to the areas in (d)(1)(i) through (xiii),72 or
ambiguity suggested indicated by these the requirement to inspect ground pursuant to other equipment-specific
comments, OSHA is revising conditions, stating that there is no inspections (e.g., 1926.1436(p)
1926.1412(d)(1), to clarify that similar provision for inspecting ground (inspection of derricks)), the inspector
booming down is not required routinely. conditions in the elements of must immediately determine whether
The term disassembly was replaced inspections required by ASME B30.5 that deficiency constitutes a safety
with taking apart equipment sec. 52.1.2. (ID0143.1.) It also believes hazard. If so, then equipment operations
component in paragraph (d)(1) of this listing this requirement in the elements must cease and the employer must take
section to avoid any confusion as to for shift inspections is confusing and the equipment out of service, following
whether the provision was addressing suggests that this requirement should the tag-out procedure in 1926.1417(f),
disassembly as defined for the either be removed or included in and may not use it again until the
application of 1926.1403 through 1926.1402, Ground Conditions. As deficiency has been corrected. This
1926.1406. stated in the explanation of the approach reflects CDACs
Paragraphs (d)(1)(i) through (xiv) set proposed rule, this item was included determination that not all deficiencies
forth the list of items that, at a because ground conditions can change constitute safety hazards. However,
minimum, a competent person must from shift to shift, and sufficient ground regardless of whether the inspector
inspect each shift. Paragraph (d)(1)(x) of support is of critical importance for determines that there is a safety hazard,
the proposed rule listed [g]round safety. OSHA is retaining it in this if any deficiency affects a safety device
conditions around the equipment for section because it is more appropriately or operational aid, then the employer
proper support, including ground included in the list of items to be must take the steps required under
settling under and around outriggers inspected than as a stand-alone 1926.1415, Safety Devices, or
and supporting foundations, ground inspection item in 1926.1402. 1926.1416, Operational aids.
water accumulation, or similar In paragraph (d)(1)(x) in the final rule, OSHA is requiring the procedures in
conditions. OSHA is replacing the word outriggers paragraphs (d)(2) and (d)(3) to ensure
A railroad association objected to the with outriggers/stabilizers. The term that the employer stops using unsafe
application of this provision to stabilizers was added because some equipment as soon as the safety hazard
railroads. (ID0170.1.) The association pieces of equipment, like articulating is identified. The correction procedure
commented that the 1926.1412(d)(1)(x) cranes, are designed to use stabilizers
requirement that an inspector verify the instead of outriggers to add stability at 72 Proposed 1926.1412(d)(2) inadvertently
ground conditions around the referred to deficiencies in paragraphs (d)(1)(i)

their bases. A full discussion of the

through (xiv), but the preamble to the proposed rule
equipment before each shift makes no comments that prompted this regulatory explained correctly that it only applied to
sense for a crane moving down the text change is provided in the deficiencies in paragraphs (d)(1)(i) through (xiii)
track. OSHA notes that this provision explanation of the rule for (not (xiv)) (73 FR 59770, Oct. 9, 2008). The text of
does not require a railroad to inspect the 1926.1404(q). paragraph (xiv) addresses operational aides and
safety devices, which are specifically addressed in
ground conditions along the track if a Proposed 1926.1412(d)(1)(xi) paragraph (d)(3). Therefore, in the final paragraph
railroad crane is simply traveling down included among the items to be (d)(2), OSHA refer to deficiencies in paragraphs
the track. Section 1926.1402, which inspected the equipment for level (d)(1)(i) through (xiii).
set forth in paragraph (d)(2) is similar to longer. (ID0120.) This commenter did whose employees use the equipment
that in ANSI B30.51968 and ASME not, however, describe how expanding rely on another employer to conduct,
B30.52004 for their Frequent the retention requirement would document, and maintain the record of
Inspections. OSHA is requiring a produce any significant benefit, and the monthly inspection, it is the
competent person to make the OSHA determines there would be no responsibility of each employer engaged
determination to ensure that his or her benefit. The documentation requirement in construction activities to assure
findings are implemented; i.e., the enables the individuals who use the compliance with the standard.
competent person would have the equipment and conduct shift and OSHA determines that it is in the
authority to order the equipment out of monthly inspections to assess the interest of all employers who conduct
service if the deficiency constituted a results of earlier monthly inspections. monthly inspections, whether they use
hazard. In the final rule, OSHA has Once more than three months have or own equipment, to share the
replaced the phrase removed from passed since a monthly inspection, the inspection results with each employer
service with taken out of service, information in the documentation for who uses the equipment. However,
which is the phrase used in that inspection will not reflect the employers engaged in construction
1926.1417(f), to avoid any ambiguity current condition of the equipment. activities are responsible for assuring
about the employers duty to tag out the The SBREFA Panel recommended compliance with the standard.
unsafe equipment. that OSHA solicit public comment on Therefore, if an employer engaged in
whether the provision for monthly construction activities is unable to
Paragraph (e) Monthly inspections should, like that for annual assure that another employer has
Paragraph (e) of this section requires inspections, specify who must keep the conducted the monthly inspection, then
a monthly inspection of the equipment, documentation associated with monthly the employer engaged in construction
the second of the three regularly inspections. (The provision for annual activities must conduct a monthly
scheduled general inspections that are inspections states that the inspection prior to using the equipment.
required by this standard. The monthly documentation must be maintained by The monthly inspection is similar to a
inspection is identical in coverage and the employer who conducts the shift inspection (with the addition of the
manner to the shift inspection required inspection.) OSHA requested public monitoring of deficiencies that a
by 1926.1412(d), with one addition comment on the issue raised by the qualified person deemed not to be a
discussed below. Thus, the monthly Panels recommendation. Several safety hazard in the annual inspection),
inspection is a visual inspection of the commenters believed that OSHA should
items listed in the shift inspection for but, unlike a shift inspection, the
require the employer who conducts the
apparent deficiencies, conducted by a monthly inspection must be
monthly inspection to maintain the
competent person. However, unlike a documented and maintained. Requiring
documentation. (ID0205; 0213; 0214;
shift inspection, the employer must an employer who uses the equipment to
0226.)
document the inspection and retain the OSHA agrees that the employer who conduct a monthly inspection when that
documentation for a minimum of three conducts the monthly inspection should employer is unable to determine
months. maintain the documentation. This whether another employer conducted a
In addition, under the annual/ revision clarifies the intent of CDAC monthly inspection is an insignificant
comprehensive inspection in and is consistent with other provisions burden compared to the safety benefit of
1926.1412(f)(4), the employer is in this section. ensuring this inspection is completed.
required to identify developing A utility company commented that if The SBREFA Panel also
deficiencies that, while not yet safety the operating employer is not the recommended that OSHA restate the
hazards, need to be monitored. In such inspecting employer, the operating corrective action provisions from the
cases the employer, under employer should be provided with a shift inspection ( 1926.1412(d)(2) and
1926.1412(f)(4) and (f)(6), is required copy of the inspection if requested. (3)) in paragraph (e) of this section.
to monitor them in the monthly (ID0226.) This comment suggests that Under 1926.1412(e)(1), the monthly
inspections. some employers who operate rented inspection must be conducted in
One commenter suggested adding text equipment are concerned that the accordance with 1926.1412(d) on shift
to the final rule to clarify how the required documentation may not be inspections, meaning that the corrective
monitoring information would be available to them from other parties action provisions in 1926.1412(d)(2)
transferred from annual inspector to unless explicitly required in the and (3) must also be followed in the
monthly inspector, if different. (ID regulatory text of this final rule. In some monthly inspections. OSHA requested
0226.) The Agency is not modifying the cases, one employer owns and operates comment on whether the language in
text of the rule as requested, but notes the equipment used to perform 1926.1412(d)(2) and (3) should be
that under paragraph (f)(7)(i) of this construction activities. It is reasonable repeated under 1926.1412(e). Two
section the inspector must document all to require these employers to maintain trade associations believed that clarity
items checked and the results of the the equipment inspection records. would be improved if paragraph (e) of
inspection. Therefore, if the inspector However, during the analysis of public this subpart repeated the corrective
determines that further monitoring is comments and testimony, OSHA actions provisions from the shift
required, that information would be a recognized that there would be inspection paragraph. (ID0205; 0213.)
result of the inspection included in situations where an employer rents or OSHA disagrees because
the annual report. The inspector would uses equipment owned by another party 1926.1412(e)(1) explicitly requires this
or where multiple employers use the inspection to be done in accordance
then be responsible for checking the

annual report prior to monthly same piece of equipment. The standard with 1926.1412(d). Paragraph (d)
inspections (see 1926.1412(f)(6).) allows any employer to conduct the immediately precedes paragraph (e),
An industrial contractor commented monthly inspection. The employer who and OSHA concludes that repeating the
that OSHA should require employers to conducts the inspection must document provisions will create, rather than
keep monthly inspection documentation the items checked and the results of the alleviate, confusion by requiring
for a minimum of three months or the inspection and must retain it for a employers to read two lists that contain
duration of the project, whichever is minimum of three months. If employers identical information.
Paragraph (f) Annual/Comprehensive OSHA determines that some annual inspection. OSHA determines
disassembly of the equipment will be that important safety information about
Paragraph (f) of this section requires needed for the qualified person to their products is provided voluntarily
an annual (i.e., once every twelve complete the inspection. Therefore, by manufacturers to their customers and
months), general inspection of the OSHA has revised 1926.1412(f)(2) that a requirement to contact them each
equipment, the third of the three accordingly. year is not likely to yield any further
regularly scheduled general inspections The proposed rule did not require the information of value.
that are required by this standard. It individual who conducts the annual Paragraphs (f)(2)(i) through (xxi)
promotes safety by ensuring that a inspection to review any documentation specify the parts of the equipment and
thorough, comprehensive inspection of related to the crane prior to or during the conditions the inspector must look
the equipment is performed to detect the inspection. A labor representative for during the annual inspection. The
and address deficiencies that might not suggested two types of documentation Committee developed this list based on
be detected in the shift and monthly they believe the qualified person should the members experience and current
inspections. review when conducting an annual industry practice as reflected in current
Under paragraph (f)(1), a qualified inspection. (ID0182.1.) First, the consensus standards for annual/periodic
person must inspect the equipment. The commenter wanted OSHA to include a inspections. The Committee concluded
Committee specified a qualified person requirement in paragraph (f) of this that each item plays an important role
because the items required in the shift section that the inspector contact the in the safe operation of equipment. Only
inspection must be examined more manufacturer for any relevant a few of these items require discussion.
thoroughly than during the shift or information the manufacturer may have Proposed paragraph (f)(2)(xiv) listed
monthly inspections. The Committee, about the equipment. The commenter [o]utrigger pads/floats for excessive
determined, and OSHA agrees, that the explains that the manufacturer may wear or cracks. The purpose of the
higher level of expertise of a qualified have information about recently inspection of outrigger pads/floats is to
person would help to ensure that the discovered defects or deficiencies in the make certain that these pads (which are
inspector was able to identify equipment or have recommended attached to the outrigger and used to
deficiencies necessitating a greater modification, which inspectors should distribute the weight of the load to the
degree of scrutiny than what would be take into account when performing the ground) will not fail and leave the
required in the shift inspection; for annual inspection. outrigger without proper support. In the
example, a deficiency that is not Second, the commenter recommended final rule, OSHA is referring to
apparent in a visual inspection but is that OSHA require the inspector to outrigger or stabilizer pads/floats
detectable through taking apart review all available information because some types of equipment, such
equipment components. The regarding the history of the piece of as articulating cranes, are designed to
Committees decision to require a equipment. This information would use stabilizers instead of outriggers to
qualified person is consistent with include annual or periodic inspection add stability at their bases. A full
COEEM 38511 (3 Nov 03) and ASME reports, which would describe discussion of the comments that
B30.52004, both of which call for a previously discovered defects or prompted this regulatory text change is
qualified person to perform those previously made modifications, to provided in the explanation of the rule
standards periodic inspections. which the inspector should pay for 1926.1404(q).
particular attention while conducting a Proposed paragraph (f)(2)(xv) listed
OSHA notes that 1926.1412(f) does slider pads for excessive wear or
comprehensive inspection. OSHA
not specify the level of scrutiny for the cracks. The word cracks had not been
declines to impose the requirements
annual/comprehensive inspection. In suggested by the commenter because the included in the CDAC Consensus
drafting the proposed rule, OHSA Agency does not agree they would lead Document for this item, and two trade
determined that CDAC intended for to better inspections. The annual associations (ID0205.1; 0213.1)
this inspection to be more thorough inspection requirements are designed to commented that cracks should be
than the visual inspection for apparent ensure that the inspector thoroughly removed from the provision to be
deficiencies required of the shift and scrutinizes and evaluates the current consistent with the intent of CDAC.
monthly inspections. OSHA therefore condition of critical components of the After examining how the word came to
solicited comments from the public as equipment. Reviewing the maintenance be included in the proposed rule, OSHA
to whether language specifying a higher history of the equipment will not further concludes that the word cracks was
level of scrutiny (for example, the value of this inspection, for defects added inadvertently to this provision
thorough, including disassembly when previously discovered should have been and, lacking an evidentiary basis to
necessary) should be added. repaired and defects not present in the include it, is removing the words or
A railroad equipment supplier past may now exist. For example, if a cracks from paragraph (f)(2)(xv) in the
commented that this section does not part such as a ball bearing is replaced final rule.
additionally burden employers if it with a new part, there is no reason to Section 1926.1412(f)(2)(xviii) has
requires them to open covers to inspect expect that the bearing will fail. To the been modified from the proposed rule.
for safety defects that could cause an contrary, the brand new part is less Upon review of this requirement, the
incident or death. (ID0124.) Therefore, likely to fail than another ball bearing Agency found that it was necessary to
they were in support of adding stronger that has been subjected to heavy use for clarify this requirement to allow the use
language to paragraph (f) of this section years. OSHA determines that the of a seat that is equivalent to the original
to emphasize some disassembly is
inspection will be more valuable if the operators seat. This provision requires
necessary to complete a thorough inspector concentrates on thoroughly the employer to replace the original seat
inspection of the equipment. In contrast, inspecting the items listed in the rule to with one that provides function and
two trade associations believed that no determine whether they currently safety that is equivalent to the original
additional language was need in the present any safety defects. Similarly, seat. The text of the final rule has been
regulatory text to specify that a higher OSHA is not convinced that contacting modified accordingly.
level of scrutiny is needed during an the manufacturer will yield valuable In 1926.1412(f)(2)(xix) the term
annual inspection. (ID0205.1; 0213.) information that will advance the unserviceable is replacing the term
unusable to clarify that the operators qualified person must make an A local government supported
seat must be in good working condition immediate determination as to whether annual/comprehensive inspection
to allow the operator to safely work at the deficiency constitutes a safety documentation. (ID0156.) It also
the controls of the equipment. The text hazard. If it does, under commented that daily logs should be
of the final rule has been modified 1926.1412(f)(4), the equipment must maintained and submitted to the crane
accordingly. be removed from service immediately. owner to capture when maintenance has
Paragraph (f)(3) requires functional OSHA requested public comment on been performed on the equipment, and
testing as part of the annual/ whether 1926.1412(f)(4) should maintained by the equipment owner for
comprehensive inspection. No explicitly provide that the corrective the life of the crane. This commenter
comments were received on this action in 1926.1416 applies if an did not, however, explain how such a
provision. operational aid is found to be retention requirement would produce
Paragraphs (f)(4) through (6) delineate malfunctioning during an annual safety benefits, and OSHA declines to
the follow-up procedures that apply inspection. Two trade associations adopt it.
when a deficiency is identified during agreed that 1926.1412(f) should state The Committee determined that the
the annual/comprehensive inspection. that the corrective action required for documentation of the annual inspection,
The purpose of these provisions is to malfunctioning operational aids is that signed by the person who conducted the
ensure that a deficiency that is not yet specified in 1926.1416. (ID0205.1; inspection and retained for 12 months,
a safety hazard but may develop into 0213.1.) OSHA also notes that would have several effects. First, it
one is monitored on a monthly basis, 1926.1435(e) specifies the temporary would increase the likelihood that more
and that a deficiency that is a safety alternative measures that must be employers would implement systems
hazard is corrected before the implemented when operational aids on for conducting and responding to
equipment is returned to service. tower cranes malfunction, and inspections. Second, the failure to do so
Paragraph (f)(4) provides that 1926.1412(f)(5) applies to tower cranes would be more readily apparent if a
immediately following the identification as well as equipment covered by record was not made, and the signature
of a deficiency, the qualified person 1926.1416. Paragraph (f)(5) of the final of the person who conducted the
must determine whether the deficiency rule is modified accordingly. inspection would be an inducement to
constitutes a safety hazard, or though Moreover, OSHA is adding text to that person to ensure that the inspection
not yet a safety hazard, needs to be paragraph (f)(1) of this section to was done correctly.
monitored in the monthly inspections. emphasize that paragraphs (d)(2) and The Agency notes that the three
No comments were received and (d)(3) of this section do not apply to month retention period reflects the
paragraph (f)(4) is promulgated as annual inspections. Committees decision to have a
proposed. Paragraph (f)(7), Documentation of retention period that is consistent with
Paragraph (f)(5) requires that annual/comprehensive inspection, Department of Transportation truck
equipment with a deficiency identified requires the employer that conducts the inspection documentation requirements.
as a safety hazard by the qualified inspection to complete and maintain, The documentation of these
person be removed from service until for a minimum of twelve months, inspections serves as references that
the deficiency is corrected. Paragraph documentation that contains [t]he inspectors can use to monitor the
(f)(6) requires the employer to check the items checked and the results of the condition of items critical to the safe
deficiencies in the monthly inspections inspection, and [t]he name and operation of the equipment. It has been
that the qualified person had identified signature of the person who conducted a longstanding industry practice to
as needing monitoring. the inspection and the date of the maintain annual inspection
In the proposed rule, OSHA discussed inspection. Section 1926.1413(c)(4), documentation as a reference that the
an apparent conflict between which pertains to the annual/ inspection was completed, to identify
1926.1412(f)(4) and 1926.1416. comprehensive wire rope inspection, who performed the inspections, and to
Paragraph (f)(2)(v) lists operational aids contains a similar documentation document the results of that inspection.
among the items that must be included requirement. In the proposed rule, the
12-month retention requirement was Paragraph (g) Severe Service
in the annual inspection.73 Section Paragraph (g) of this section requires
located in paragraph (f)(7)(iii). OSHA
1926.1416 permits equipment with the employer to inspect the equipment
has incorporated that requirement into
operational aids that are not functioning when the severity of use/conditions
the introductory sentence to clarify that
properly to continue to be used for such as loading that may have exceeded
it is the employer who conducts the
limited periods of time as long as rated capacity, shock loading that may have
inspection who must retain the
specified alternative measures are used exceeded rated capacity, [or] prolonged
documents for 12 months. OSHA has
while the operational aids are being exposure to a corrosive atmospherecreates
also clarified that the date of the
repaired. By contrast, under a reasonable probability of damage or
inspection, not the date on which the
1926.1412(f)(4), if any deficiency is excessive wear. In such instances, the
document was signed, must be entered
identified in the annual inspection, the employer is required to stop using the
on the document.
73 Paragraph (f)(2)(v), as proposed and in the final
During the SBREFA process, several equipment and have a qualified person
rule, distinguishes between deficiencies that result
Small Entity Representatives objected to inspect the equipment for structural
in significant inaccuracies in the operation of any the requirement for documentation of damage; determine whether, in light of
of the safety devices or operational aides, and those monthly and annual inspections, stating the use/conditions of the severe service,
that do not. The phrase significant inaccuracies that such documentation would be
any items listed in the annual/

reflects the fact that such devices normally operate
within a tolerance range. Corrective actions are not
unduly burdensome and would not, in comprehensive inspection need to be
required if the inaccuracy is so small as to be their opinions, add to worker safety. inspected and if so, inspect them; and
irrelevant regarding the safe operation of the The Panel recommended that OSHA if a deficiency is found, follow the
equipment. In contrast, significant inaccuracies in solicit public comment on the extent of correction/monitoring procedures set
these devices could mislead the operator and
contribute to actions that could result in the
inspection documentation the rule forth in 1926.1412(f)(4)(f)(6).
equipment being inadvertently used in an unsafe should require. OSHA requested Upon review of this paragraph, the
manner. comment on this issue. Agency determines that
1926.1412(g)(1) needs clarification; sentence is unclear and is not including equipment to fail and/or the load to fall,
therefore, OSHA added a phrase to the it in the final rule. which can kill or injure workers.
provision requiring that a determination A safety association and a trade Approximately 3% of crane fatalities in
be made to ensure the equipment association commented that the construction work result from wire
remains safe for continued use. This thorough and equipment-specific ropes snapping. J.E. Beavers et al,
revision emphasizes that this inspection frequency of inspections required by the Crane-Related Fatalities in the
must determine the capability of the manufacturer are well suited for the Construction Industry, 132 Journal of
equipment to operate continuously equipment used in their trades. Construction Engineering and
under severe conditions. No comments (ID0184; 0206.) The safety association Management 901, 903 (Sept. 2006).
were received on this paragraph, and it asserted that compliance with (ID0011.) Accordingly, CDAC
is promulgated as proposed, with the equipment manufacturers inspection concluded it would improve crane/
exception of the clarification to recommendations assure a greater derrick safety to establish updated
1926.1412(g)(1). degree of safety than compliance with a requirements for wire rope inspections.
list of shift, monthly, and annual The definition CDAC developed for
Paragraph (h) Equipment Not in inspections, which may be deficient proposed 1926.1401 defined wire
Regular Use with regard to thoroughness and rope as rope made of wire. In the
frequency. The two commenters asked preamble of the proposed rule, OSHA
Paragraph (h) of this section requires
that OSHA revise 1926.1412 to allow noted that this definition could be read
that equipment that sits idle for three
employer-documented compliance with to exclude rope made with a fiber core,
months or more be inspected by a
the inspection recommendations of the which, as discussed below under
qualified person in accordance with the
equipment manufacturer as an 1926.1414, may be used for purposes
monthly inspection provisions of
alternative to meeting the requirements other than boom hoist reeving. OSHA
1926.1412(e) before being used. This
of 1926.1412. requested public comment on whether a
would ensure that deficiencies that may OSHA agrees with the commenters
arise as a result of the equipment more appropriate definition would be
that manufacturers equipment-specific the following one used by the
standing idle are checked before its inspection requirements can help
subsequent use. The Committee Specialized Carriers & Rigging
promote safety. For this reason, Association:
determined that this inspection would 1926.1412(j) provides that any
need to be done by a qualified person, additional inspection requirements A flexible rope constructed by laying steel
rather than a competent person, because recommended by the manufacturer must wires into various patterns of multi-wired
some of the deficiencies that may arise strands around a core system to produce a
be followed by employers. However, helically wound rope.
from sitting idle require the qualified OSHA does not agree with the
persons higher level of ability to detect commenters regarding their assessment (73 FR 59739, Oct. 9, 2008.) Three
and assess. (See further discussion at 73 that the minimum inspection commenters supported this revised
FR 59775, Oct. 9, 2008.) No comments requirements and schedules specified in definition, and none were opposed.
were received on this paragraph. It is 1926.1412 are more burdensome for (ID0187.1; 0205.1; 0213.1.)
promulgated as proposed. employers who use articulating lifting Accordingly, OSHA is revising the
Paragraph (i) [Reserved] equipment in particular. There is no definition in 1926.1401 to that quoted
evidence in the record that inspections above.
Paragraph (j) recommended by manufacturers are as One of the commenters supporting the
thorough as those provided in this revised definition also stated that OSHA
Proposed paragraph (j) of this section
section. To the extent that they are, should not exclude wire rope with a
required that any part of a
there is no additional burden to synthetic or fiber core and should
manufacturers inspection procedures
employers in requiring them to follow include definitions of these terms. (ID
relating to safe operation that is more
this section than to follow the 0187.1.) However, as OSHA explained
comprehensive or has a more frequent
manufacturers recommendations. in the proposed rule, the revised
schedule than that required by this
definition is designed to encompass
section must be followed. These Paragraph (k) cores other than wire, and OSHA
inspection procedures include any
OSHA determines that the competent determines it is not necessary to include
information provided by the
person or persons who conduct shift separate definitions for each type of
manufacturer. Examples are provided in
and monthly inspections, and the such rope to make clear that they fall
the provision of the types of items that
qualified person who conducts annual within the definition of wire rope.
would be considered to relate to safe The proposed rule provided for wire
inspections, must have access to all
operation (a safety device or operator rope inspections at the same
written documents produced under this
aid, critical part of a control system, frequencyshift, monthly, and
section, during the time for which the
power plant, braking system, load- annuallythat would apply for other
employer is required to retain those
sustaining structural components, load crane components under 1926.1412. It
documents, so that they are made aware
hook, or in-use operating mechanism). also proposed that, like inspections of
of any components of the equipment
The proposed paragraph goes on to other components, the shift and
that may require special attention
state: Additional documentation monthly inspections be conducted by a
during their inspections. Accordingly,
requirements by the manufacturer are competent person, and the annual
OSHA is adding a new paragraph (k) at
not required.
the end of 1926.1412. inspection by a qualified person. As

Several commenters asked that OSHA discussed below, OSHA is retaining this
delete the line in the regulatory text of Section 1926.1413 Wire Rope equivalence of frequency and
1926.1412(j) that reads Additional Inspection qualifications in the final rule.
manufacturer documentation Cranes and derricks use wire rope to
requirements need not be followed. lift and support their loads and parts of Paragraph (a) Shift Inspection
(ID0165; 0232; 0235.) OSHA the equipment. If the rope is worn or Paragraph (a)(1) of this section of the
acknowledges that the intent of this damaged, it can break, causing the proposed rule required a shift
inspection by a competent person. One Proposed 1926.1413(a)(1) referred to removed from service. However, a wire
commenter recommended that this wire ropes (running and standing) that rope may make electrical contact with a
provision require the shift inspection to are reasonably likely to be in use power line and leave no visible damage.
be conducted each shift the equipment during the shift. OSHA is also removing For example, if the load contacts a
is used rather than each shift, to the word reasonably to avoid power line and is not insulated from the
clarify that the equipment does not have ambiguity. Accordingly, wire rope, a large current can flow
to be inspected when it will not be used 1926.1413(a)(1) is promulgated as through the rope. The current may be
on a shift. (ID0226.0.) This suggested proposed except for the minor changes large enough to damage the internal
change is consistent with the intent of noted above. structure of the rope and weaken it
the proposed rule, and OSHA is adding without leaving any visible evidence on
Paragraph (a)(2) Apparent Deficiencies
similar language to 1926.1413(a)(1) to the rope itself that this has happened.
clarify that intent. Paragraph (a)(1) of this section
There is no realistic way to assess the
Another commenter stated that it was requires the competent person to
internal damage that such electrical
unnecessary to require a wire rope conduct a visual inspection * * * for
apparent deficiencies, including those contact has caused to the wire rope.
inspection each shift. (ID0203.1.) This
listed in paragraph (a)(2). Proposed Therefore, CDAC determined that any
commenter believed that per-shift wire
paragraph (a)(2) established three wire rope that came into electrical
rope inspections were an unnecessary
burden for employers with good categories (I, II, and III) of apparent wire contact with a power line must be
maintenance programs who have not rope deficiencies. The likelihood that a removed from service.
experienced wire rope failures. The deficiency is hazardous increases as the Only one comment was submitted
commenter recommended that OSHA number of the category increases from I regarding proposed paragraph (a)(2).
adopt the protocol in sec. 52.4 of to III. The basis for categorizing The commenter suggested adding two
ASME B30.52004, which allows the apparent deficiencies in this way was additional conditions to the list of
periodic inspection frequency to be discussed in detail in the proposed rule Category II deficiencies. (ID0121.1.)
determined by a qualified person based (73 FR 5977659777, Oct. 9, 2008). As The first is where one outer wire is
on factors that affect rope life. discussed further below, the category broken at the point of contact with the
OSHA rejects this commenters determines the options or next steps core of the rope and protrudes or loops
suggestion which could, at a qualified available to or required of the employer out from the rope structure. The second
persons discretion, result in less under paragraph (a)(4), Removal from is where one outer wire is broken at the
frequent wire rope inspections than service. strand to strand contact point and is
were required under former subpart N. The Agency is providing minor raised up from the body of the rope or
Section 52.4.1 of ANSI B30.51968, clarifications for the two apparent looped out of the rope structure.
which was incorporated by reference in deficiencies that relate to damage from
subpart N, provided for wire rope electricity. As proposed, paragraph OSHA disagrees with the commenter
inspections once each working day. (a)(2)(i)(C) read: Electric arc (from a because this commenter did not offer
The current version of B30.5, in sec. 5 source other than power lines) or heat any rationale to justify these additional
2.4.2(a) of ASME B30.52004, similarly damage. CDAC intended that both provisions. Therefore, OSHA is
provides for daily wire rope inspections. electric arc and heat would modify deferring to the expertise of the
The commenters reference to the damage. To make this more clear, Committee. Section 1926.1413(a)(2) is
provision in ASME B 30.52004 that OSHA is adding the word damage promulgated as proposed except for the
allows the inspection frequency to be after electric arc. Proposed paragraph clarifications noted above.
determined by a qualified person refers (a)(2)(iii)(B) read: Electrical contact A running wire rope is a wire rope
to the type of comprehensive inspection with a power line. OSHA is adding the that moves over sheaves or drums. This
that is similar to the annual inspection word prior at the beginning of the definition is included in 1926.1401 of
required by 1926.1413(c), not to the paragraph to clarify that the inspector this final rule to make clear the nature
shift inspections required under must note a deficiency whenever he or of the wire rope that is subject to this
1926.1413(a). she is aware, through observation or inspection provision. These criteria are
As discussed below, the purpose of from any other information, that the the same as those contained in sec. 5
this inspection is to ensure that wire rope has previously made electrical
2.4.3 of ASME B30.52004, and those
deficiencies are identified and that, contact with a power line.
OSHA notes that a wire rope can be for running wire ropes and pendant or
depending on the competent persons
evaluation of those deficiencies, damaged in two ways from electrical standing wire ropes are also contained
appropriate action is taken. CDAC contact. First, if the source of electrical in sec. 52.4.2 of ANSI B30.51968,
wanted to make clear, however, that the power contacts the wire rope, the which is incorporated by reference in
inspection was not to be so electricity can arc to the wire rope and subpart N. One issue that was left
comprehensive and time-consuming cause a localized burn. The extent of the unanswered during the Committee
that it would be unrealistic to conduct damage will depend on the amount of discussions is whether these broken
it for each shift. To clarify that the electrical energy involved. A low energy wire criteria are equally applicable
inspection was one that was reasonable arc will typically cause little damage; a when using plastic sheaves. The Agency
for a shift inspection, the provision high energy arc may cause significant requested public comment on this issue.
states that neither untwisting (opening damage. When the arc results from a However, no comments were received.
of wire rope) nor booming down is OSHA notes that the proposed broken
source other than a power line, the

required during this inspection. OSHA extent of the damage will vary, and the wire criteria did not depend on the type
believes that requiring a realistic level of inspector must determine whether the of sheave involved and would therefore
inspection each shift will encourage rope is damaged to the extent that repair include plastic as well as metal sheaves.
compliance and ultimately serve to or replacement is necessary. Since the paragraph is being
reduce accidents. No comments were If a power line arcs to a wire rope, promulgated as proposed, the criteria
received on this aspect of the proposed there will usually be sufficient localized apply regardless of the material of
rule. burn damage that the rope must be which the sheave is made.
Paragraph (a)(3) Critical Review Items approach, immediate removal from that contacted an energized power line
Under paragraph (a)(3) of this section, service would be required for certain is also prohibited. OSHA is concerned
the competent person must give deficiencies, while continued use under that these phrases could be misleading
particular attention to certain Critical prescribed circumstances would be in a paragraph devoted to remedial steps
Review Items during the shift allowed for others before the rope must for a Category I deficiency, as power
inspection (as well as, as discussed be removed from service. When removal line contact can never be a Category I
below, in the monthly and annual from service is required, the provisions deficiency. It is a Category III deficiency
inspections). Proposed paragraph of 1926.1417 (Operation) apply, and that requires immediate replacement of
the inspector must either tag out the the rope. To avoid any implication that
(a)(3)(iii) listed, among the critical
entire equipment or the hoist with the power line contact could be a Category
review items, wire rope at flange
damaged wire rope. This approach was I deficiency and that a competent
points, [and] crossover points. These
adopted by CDAC because, in the person could determine that the rope
terms were defined in proposed
Committees collective experience, does not constitute a safety hazard
1926.1401, Definitions.
different types of deficiencies warrant under paragraph (a)(4)(i), OSHA is
One commenter suggested that each
different responses, with some deleting the words in proposed
wrap of the rope is a crossover point
deficiencies being so serious that paragraph (a)(4)(i)(B) referring to power
such that the crossover points will line
continued use of the rope must be line contact.
up across the face of the drum. (ID Paragraph (a)(4)(ii) applies to Category
prohibited while other deficiencies may,
0121.) The Agency disagrees with this II apparent deficiencies. In paragraph
if adequately evaluated and monitored,
view. As defined in the standard, a (a)(4)(ii)(A), OSHA is removing the
allow continued use of the rope for a
crossover point occurs where one layer references to safety hazards to make it
limited time.
of rope climbs up and crosses over the Paragraph (a)(4)(i) applies to Category clear that utilization of this option
previous layer * * *. While the rope I apparent deficiencies. Paragraph (compliance with manufacturer
climbs up at the drums flange, it does (a)(4)(i)(B) allows the rope to be severed requirements) mandates removal of the
not climb up as it then spools across the under some circumstances and the rope from service whenever the
previous (lower) layer towards the other undamaged part to be used. Two manufacturers criteria for removal from
flange, i.e., as it wraps across the face of commenters suggested that language be service are met, without the employer
the drum. added to require the user to verify that making an independent determination
In the proposed rule, OSHA noted the drum will still have at least two as to whether the rope is a safety hazard.
that the items listed in wraps of rope around it when the block Paragraphs (a)(4)(ii)(B) and (C) allow
1926.1413(a)(3)(iv) and (a)(3)(v) is lowered to its lowest position. (ID the employer the option of either
(Wire rope adjacent to end 0122; 0178.1.) The concern of these removing the wire rope from service or
connections and Wire rope at and on commenters is that shortening the rope to implement the measures as described
equalizer sheaves) are functionally too much might not leave enough rope in paragraph (a)(4)(i)(B) above. In
equivalent to items requiring special to allow a sufficient margin of safety addition, OSHA is adding a cross-
scrutiny during the annual inspections (two wraps) to remain on the drum and reference to 1926.1417 (Operation),
required in proposed prevent the rope from becoming which includes a number of separate
1926.1413(c)(2)(ii)(C) and (F) (Wire disconnected from the drum. requirements that are triggered if the
rope in contact with saddles, equalizer Another provision of the final rule, equipment is taken out of service.
sheaves or other sheaves where rope 1926.1417(t), addresses this potential The proposed rule would have
travel is limited and Wire rope at or safety hazard by requiring that neither allowed Category II wire-rope
near terminal ends). The Agency stated the load nor the boom be lowered below deficiencies 74 to remain in service up to
that it planned to revise the language in the point where less than two full wraps 30 days when using specified
proposed 1926.1413(a)(3)(iv) and of rope remain on their respective alternative measures. Under former
(a)(3)(v) to match the language in drums. Normally, newly installed ropes subpart N, these deficiencies would
1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F). are long enough to ensure compliance have resulted in removing the wire rope
This would enable OSHA to delete with 1926.1417(t) when the load or immediately from service. However,
1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F) boom are in their lowest positions, and OSHA relied on CDACs expertise and
because 1926.1413(c)(2)(ii)(A) these commenters are concerned that proposed the provision as
incorporates by reference the critical shortening the rope could result in the recommended by the Committee.
review items listed in rope becoming disconnected if the The Agency received comments
1926.1413(a)(3)(iv) and (a)(3)(v), remaining part of the rope is not long regarding the alternative measures
thereby making the items listed in enough to always ensure that two wraps proposed for Category II wire-rope
1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F) remain on the drum. deficiencies from three commenters. All
redundant. OSHA did not receive any OSHA agrees with this comment and of the commenters objected to allowing
adverse comment on modifying is adding language to paragraph continued use of wire rope with
1926.1413(a)(3)(iv) and (a)(3)(v) in (a)(4)(i)(B) (and also to paragraphs Category II deficiencies. Two of the
this manner and modified (a)(4)(iii)(B) and (c)(3)(i)(B) of this commenters stated that the proposed
1926.1413(a)(3) accordingly. section, which contain a similar option to continue using wire rope with
provision) to specify that if a wire rope the proposed alternative measures
Paragraph (a)(4) Removal From Service
is shortened under this paragraph, the relaxed both national consensus
Paragraph (a)(4) of this section of the
employer is required to ensure that the standards and the instructions of wire
proposed rule set out remedial steps to drum will still have two wraps of wire rope manufacturers. (ID0122.0;
be taken once the competent person rope when the load and/or boom is in 0178.1.) They believed allowing the
performing the inspection identifies an its lowest position. employer to use the damaged wire rope
apparent deficiency. Those steps OSHA also notes that paragraph in service up to 30 days was a
depended upon whether, under (a)(4)(i)(B) twice refers to power line
1926.1413(a)(2), the deficiency falls contact in the phrases other than power 74 These measures were proposed at
under Category I, II, or III. Under this line contact and repair of wire rope 1926.1413(a)(4)(ii)(B) and 1926.1413(a)(4)(iii).
dangerous precedent because it based long enough to ensure that two full monthly inspections. The timing and
employee protection on conditions that wraps remain on the drum at all times. inspector qualifications for the annual
could be difficult for a qualified person Proposed paragraph (a)(4)(iv) 77 wire rope inspection coincide with
to assess accurately. specified that where a wire rope must be those for the general equipment annual/
The third commenter (a crane removed from service under this comprehensive inspection. CDAC
manufacturer), which had a section, the equipment (as a whole) or believed that the use of corresponding
representative on CDAC, also objected the hoist with that wire rope must be timeframes and personnel will allow
to the continued use of wire rope with tagged-out as provided in proposed inspections to be conducted efficiently
Category II deficiencies. (ID0292.1.) 1926.1417(f)(1) until the wire rope is and thereby promote effectiveness and
This commenter noted that such replaced or repaired. No comments were compliance.
deficiencies indicate that the wire rope received on this provision, and it is Under proposed paragraph (c)(1), all
does not meet the acceptable life being promulgated as proposed. apparent deficiencies and critical
criteria accepted by the wire-rope A commenter suggested adding that review items required to be checked in
industry. Further, the commenter noted the competent person who conducts the a shift inspection would have to be
that, if the wire rope continued to be shift inspection must receive such checked in the annual/comprehensive
used with the Category II deficiencies, information in writing. (ID0132.1.) inspection (see paragraphs (a)(2) and
failure could occur without further OSHA concludes that the competent (a)(3)). No comments were received on
indication. person or persons who conduct shift this provision, and it is being
OSHA finds these comments and monthly inspections, and the promulgated as proposed.
persuasive with respect to the qualified person who conducts annual Proposed paragraph (c)(2) provided
protection of employee safety. The inspections, must have access to all for a more thorough inspection than that
integrity of the wire rope is critical to written documents produced under this required under paragraph (c)(1). Under
the safety of any lift performed by section so that they are made aware of proposed paragraph (c)(2), a complete
equipment covered by this subpart. For any components of the equipment that and thorough inspection, covering the
example, a break in the rope can result may require special attention during surface of the entire length of the wire
in a dropped load which endangers their inspections. ropes, would be required. One
employees on the worksite. Based on Accordingly, OSHA is adding a new commenter, which had nominated a
these comments and the requirements of paragraph (e) at the end of 1926.1413 member of CDAC, stated that the entire
former subpart N, OSHA is changing the that specifies that all documents length of the rope needed to be
requirements in the final rule for wire produced under this section must be inspected more frequently than
rope with Category II deficiencies. The available to all persons who conduct annually and suggested that this
Agency notes that this revision is inspections under this section. requirement should be included in the
consistent with the requirements of monthly inspection provision. (ID0
Paragraph (b) Monthly Inspection 292.1.) This commenter did not provide
former subpart N. Accordingly, the
alternative measures outlined in the Proposed paragraph (b) required a any evidence to support this assertion or
proposed rule at 1926.1413(a)(4)(iii) monthly inspection of wire rope that explain why it was deviating from the
have been deleted and subsequent would be, in both the level of scrutiny position its nominee took in favor of the
paragraphs renumbered. and the expertise required of the provision in the CDAC negotiations.
Paragraph (a)(4)(iii) 75 applies to inspector, a documented shift This comment is accorded diminished
Category III apparent deficiencies. Two inspection. weight in light of this inconsistency of
commenters suggested that Category III A commenter pointed out that position. OSHA defers to the expertise
is unnecessary because paragraph paragraph (c)(3)(ii) requires that certain of the full Committee and is retaining
(a)(4)(iv)(B) is the same as for Category deficiencies identified during the the requirement that the entire length of
I. (ID0122; 0178.1.) As noted above, annual inspection must be monitored the rope be inspected during the annual
the corresponding proposed provision during the monthly inspection and inspection; it is not adding such a
for Category I, paragraph (a)(4)(i)(B), is suggested that this requirement be requirement to the monthly inspection
being changed to remove the references specifically stated in paragraph (b). (ID provision.
0226.) OSHA agrees and is adding As discussed in relation to
to power line contact. Moreover,
paragraph (b)(2), which states that the 1926.1413(a)(3), OSHA has, in the
Category III differs from Category I
inspection must include any final rule, modified proposed
because the competent person may
deficiencies identified in the annual 1926.1413(a)(3)(iv) and (a)(3)(v) to
decide that rope with a Category I
inspection as needing to be monitored. read the same as proposed
deficiency does not constitute a safety
1926.1413(c)(2)(ii)(C) and (F) (Wire
hazard and allow the rope to continue Paragraph (c) Annual/Comprehensive rope in contact with saddles, equalizer
to be used. However, rope with a
Proposed 1926.1413(c) required an sheaves or other sheaves where rope
Category III deficiency must either be
annual inspection (at least every 12 travel is limited and Wire rope at or
replaced or, if the deficiency is localized
months) for wire rope, conducted by a near terminal ends). Section
and did not result from power line
qualified person. The annual inspection 1926.1413(c)(2)(ii)(A) now incorporates
contact, be severed and the undamaged
would be considerably more thorough by reference the critical review items
part to be used.
and comprehensive than the shift and listed in 1926.1413(a)(3)(iv) and
As discussed above in relation to
monthly inspections required by (a)(3)(v), thereby making the items listed
paragraph (a)(4)(i)(B), OSHA is changing
paragraphs (a) and (b) of this section. In in 1926.1413(c)(2)(ii)(C) and

paragraph (a)(4)(iii)(B) 76 to state that, if
addition, it would be conducted by a (c)(2)(ii)(F) redundant.
the rope is severed and the undamaged Two commenters supported keeping
portion used, the rope in use must be qualified person, who would have
greater expertise than the competent paragraphs (c)(2)(ii)(C) and (F), even
75 This was 1926.1413(a)(4)(iv) in the proposed person who must conduct the shift and though they are also included in
rule (73 FR 59930, Oct. 9, 2008). paragraph (a)(3) of this section, saying
76 This was 1926.1413(a)(4)(iv)(B) in the 77 This was 1926.1413(a)(4)(v) in the proposed that annual inspections are more
proposed rule (73 FR 59930, Oct. 9, 2008). rule (73 FR 59930, Oct. 9, 2008). comprehensive and, in their view,
should be treated separately. (ID full wraps of wire rope must remain on during the period for which those
0205.1; 0213.1.) However, the the drum when the load and/or boom is documents must be retained. This
modification made by OSHA does not in its lowest position. documentation serves as a reference for
change the proposed requirements for Paragraph (c)(4) requires the annual/ conditions that must be monitored in
annual inspections; it only avoids comprehensive inspection to be subsequent inspections. OSHA
redundant language. Accordingly, documented according to concludes that this documentation will
OSHA is deleting proposed 1926.1412(f)(7), which is the ensure that only safe equipment is put
1926.1413(c)(2)(ii)(C) and (F) from documentation provision for the annual into service.
the final rule and is renumbering general inspection. As with other
proposed paragraphs (D) and (E) to (C) parallel requirements in this section, C Section 1926.1414 Wire Rope
and (D). DAC intended to ensure consistency Selection and Installation Criteria
Proposed paragraph (c)(2)(iii) with other recordkeeping requirements
established an exception to the timing of and thus facilitate compliance. Section This section sets forth requirements
the annual/comprehensive inspection 1926.1412(f)(7), which is incorporated for selecting and installing wire rope. C
where that inspection is infeasible due by reference, requires the employer that DAC determined, and OSHA agrees, that
to existing set-up and configuration of is conducting the inspection to the proper selection and installation of
the equipment (such as where an assist document and retain for 12 months, the wire rope is integral to the safe
crane is needed) or due to site items checked and the results of that operation of equipment that uses such
conditions (such as a dense urban inspection and the name and signature rope. Improper selection or installation
setting). The provision sets a timetable of the person who conducted the could cause the wire rope to fail,
for annual/comprehensive inspections inspection and the date. No comments resulting in any number of hazards from
in such cases that requires the were received on paragraph (c)(4), and uncontrolled movement of the
inspection to be performed as soon as it is promulgated as proposed. equipment or the load. As discussed in
it becomes feasible, but no longer than the proposed rule, 1926.1414, in
Paragraph (d)
an additional 6 months for running addition to addressing safety concerns
ropes and, for standing ropes, at the Proposed 1926.1413(d) provided related to wire rope selection and
time of disassembly. The provision that employers may not use rope installation, provides greater flexibility
reflects CDACs concern that, lubricants that are of the type that in the selection process than previous
particularly in densely developed urban hinder inspection. requirements under subpart N (73 FR
settings, the inability to boom down This provision would prohibit, for
59781, Oct. 9, 2008). This flexibility
would prevent the employer from example, rope lubricants that are
reflects and takes advantage of new
completing a comprehensive wire rope opaque or so dark that they mask the
developments in wire rope technology.
inspection. wire rope inside them. A commenter
Two commenters objected to the suggested adding to this provision the Paragraph (a)
length of the six-month period and following sentence: The rope surface
suggested it be reduced to one month. and strand valleys must be cleaned of Proposed paragraph (a) of this section
(ID0122.0; 0178.1.) Neither dirt, lubricant or other material that will stated that selection of replacement
commenter provided any evidence of hinder inspection. (ID0121.1.) OSHA wire rope shall be in accordance with
explanation to support its determines that this addition is the requirements of this section and the
recommendation, so OSHA is deferring unnecessary. Section 1926.1413 requires recommendations of the wire rope
to CDACs collective judgment and is various inspections, and the manufacturer, the equipment
retaining the six-month period in the requirement to conduct an inspection manufacturer, or a qualified person. In
proposed rule. inherently means that where foreign the proposed rule, OSHA noted that
Proposed paragraph (c)(3) listed the material that would prevent the proposed paragraph (a)s mention of
next steps to be taken once the qualified inspection is present, it must be only replacement rope could mislead
person performing the annual/ removed. The prohibition against rope some readers to conclude that all of
comprehensive inspection discovers a lubricants that are of the type that 1926.1414 applies only to replacement
deficiency. The qualified person must hinder inspection is needed because rope, whereas CDAC clearly intended
immediately determine whether the they are difficult to remove and pose an that 1926.1414 would apply to both
deficiency constitutes a safety hazard. If unnecessary obstacle to compliance. original equipment rope and
it does, under proposed paragraph Section 1926.1413(d) is promulgated in replacement rope. OSHA proposed to
(c)(3)(i), the rope would either have to the final rule as proposed. reword 1926.1414(a) to read as
be replaced or, if the deficiency is follows: Original equipment wire rope
localized, the damaged part may be Paragraph (e)
and replacement wire rope shall be
severed and the undamaged portion A commenter suggested adding that selected and installed in accordance
may continue to be used. As with the competent person who conducts the with the requirements of this section.
paragraph (a)(4)(i)(B), joining lengths of shift inspection must receive such
Selection of replacement wire rope shall
wire rope by splicing would be information in writing. (ID0132.1.)
be in accordance with the
prohibited. Similarly, OSHA determines that the
recommendations of the wire rope
As discussed under paragraph (b)(3), competent person or persons who
manufacturer, the equipment
a commenter recommended that the conduct shift and monthly inspections,
manufacturer, or a qualified person.
requirement of paragraph (c)(3)(ii) and the qualified person who conducts
should be explicitly referenced in the annual inspections, must have access to OSHA requested public comment on
monthly inspection reports, and OSHA all written documents produced under such a revision. OSHA received no
has made an addition to paragraph (b)(3) 1926.1413. In response to this comment on proposed 1926.1414(a) or
to accomplish this. (ID0226.) Also, as comment, OSHA is adding paragraph (e) on its proposed rewording. Accordingly,
discussed under paragraph (a)(4)(i)(B), to ensure that persons who conduct OSHA modified 1926.1414(a) of the
OSHA is adding a requirement to inspections have access to final rule to reflect the proposed
paragraph (c)(3)(i)(B) that at least two documentation required by 1926.1413 rewording.
Paragraph (b) need to be able to rely on the cranes and therefore require ropes that
The proposed rule, in 1926.1414(c), inspections in 1926.1413 as an can accommodate reverse bending better
included design factors for rotation effective means of ensuring the than ropes used on cranes. Fiber core
resistant rope but did not include design continued safety of the rope. See ropes are more pliable than ropes with
factors for standard (that is, non-rotation 1926.1414(b)(2). Specifically, the a metal core and are therefore suited to
resistant) rope. In the proposal, OSHA design must be sufficient to ensure that, applications requiring greater reverse
stated its determination that, in light of when the equipment is used in bending, such as use on derricks.
the importance of design factors for wire accordance with its rated capacity, the Moreover, the distinction between
rope, the omission of design factors for employer will be able to prevent a derricks and cranes is consistent with
sudden failure of the rope by meeting current national consensus standards.
standard rope was inadvertent (73 FR
the inspection requirements in The 2004 version of ASME B30.5, in
59781, Oct. 9, 2008). OSHA proposed to
1926.1413. sec. 5.1.7.2(b), prohibits the use of fiber
include the design factors for standard This concept reflects the underlying
rope in sec. 51.7.1 of ASME B30.5 core wire ropes for boom hoist reeving
premise of 1926.1413 that regular for mobile and locomotive cranes. By
2004. OSHA requested public comment inspection of the rope can prevent
on the issue. contrast, the standard in the ASME B30
catastrophic failure because the ropes series that applies to derricks, ASME
Comments were received from two degradation will take place over time
parties, both of whom nominated C B30.62003, does not prohibit the use of
and will be accompanied by indications fiber core wire rope for boom hoist
DAC members. (ID0205.1; 0213.1.) of wear. Therefore, if the rope is
They stated that the omission was reeving. Permitting the use of fiber core
appropriate for the equipment, the ropes for boom hoist reeving on cranes,
intentional, believing that CDAC did degradation that occurs with use will be
not include design factor criteria for as the commenter suggests, would
sufficiently gradual so that its reduce protection over that currently
standard wire rope because technology development can be identified in the
is continually evolving and including considered prudent in the industry, and
required inspections and the rope can OSHA is therefore promulgating
design criteria in the rule may hamper be removed from service before safety is
future crane operations. The paragraph (b)(1) as proposed,
compromised. renumbering it as paragraph (d)(1).
commenters stated that the proposed
rule had provisions requiring end users Paragraph (c) Proposed paragraph (b)(2) prohibited
to conform with requirements or criteria the use of rotation resistant rope for
The benchmarks in the two options in boom hoist reeving except where the
established by the wire rope paragraph (b) of this section do not
manufacturer, equipment manufacturer, requirements of paragraph (c)
address an additional design issue, (renumbered paragraph (e) in the final
or a qualified person. which is the suitability of the wire rope
OSHA notes that CDAC determined rule), are met. No comments were
with respect to the proper functioning of received on this paragraph (b)(2), and it
it was important for this rule to allow the equipment. For example, selecting a
flexibility to accommodate future is being promulgated as paragraph (d)(2)
rope with a diameter that is too large for with the reference to paragraph (c) in
technological changes. The commenters a particular machine can result in the
on this issue reiterated that the proposed rule changed to paragraph
rope jumping a sheave. Such a (e)
determination, and OSHA shares that condition could, among other adverse
concern. Setting unduly restrictive consequences, affect the operators Paragraph (e) Rotation Resistant Ropes
specifications based on current ability to control the load. Therefore,
technology could unnecessarily impinge Paragraph (e)(1)
OSHA has added an additional
on the use of future designs. The provision, in new 1926.1414(c), that Proposed paragraph (c)(1) of this
Agency also concludes, however, that requires the rope to be compatible with section classified rotation resistant
some form of minimum criteria is the safe functioning of the equipment. ropes into three Types (Type I,
necessary so that those selecting wire Type II, and Type III). Proposed
rope have a minimum benchmark Paragraph (d) Boom Hoist Reeving paragraph (c)(2) specified use
available as a reference point. With the addition of the two new limitations and requirements for each
To meet both of these objectives, the paragraphs, (b) and (c), OSHA is type of wire rope. This approach
Agency has decided, in the final rule, to redesignating proposed paragraphs (b) differed from former subpart N, ANSI
add a new paragraph (b) to 1926.1414 through (f) of this section as paragraphs B30.51968 and ASME B30.52004,
to provide employers with two options (d) through (h) in the final rule. which did not distinguish between
with regards to wire rope design criteria. Proposed paragraph (b) would have types of rotation resistant rope. By
The first option would be to comply prohibited the use of fiber core ropes for distinguishing between different types
with an industry consensus standard boom hoist reeving, except for use on of rope, the Committee sought to ensure
(sec. 51.7.1 of ASME B30.52004) on derricks. In the Committees view, the that ropes with different internal
design factors for standard wire rope. composition of fiber core ropes makes structures were subject to appropriate
See 1926.1414(b)(1). This is a well- them prone to degradation that is not requirements and limitations that would
established benchmark for standard completely detectable by normal enable them to be used safely. Types I,
wire rope design factors, and the inspection techniques. Nothing in the II, and III, which have different
Agency therefore determined that it is record contradicts that conclusion. capabilities, were described in proposed
appropriate to include it as an option. One commenter stated that there was paragraph (c)(1).
no practical reason to allow the use of ASTM A 1023/A 1023M02 has a
Paragraph (c) of sec. 51.7.1 is excluded

because that deals with rotation fiber core ropes for boom hoist reeving similar classification system, although it
resistant rope, which is addressed in on derricks but not in other boom hoist divides rotation resistant ropes into
1926.1414(e). applications. (ID0121.1.) However, as categories rather than types. One
The second option provides a explained in the proposed rule, the commenter noted that there is no
performance benchmark that is based on distinction between derricks and cranes meaningful difference between the
the ropes compatibility with the rated is warranted because the sheaves on classification in the proposed rule and
capacity of the equipment and on the derricks are smaller than those on that in ASTM A 1023. (ID0060.1.) This
commenter urged OSHA to incorporate that such rope is significantly more placing is not necessary, since those
by reference the ASTM definitions resistant to rotation or torque compared actions simply describe typical crane
rather than to state the definitions in the with Types II and III. This reduces Type movements). OSHA is therefore
final rule. This would, the commenter Is potential for internal wear during use adopting a slightly modified version of
suggested, avoid confusion among and moves degradation from the inner the definition suggested by the
manufacturers and users who rely on wires to the outer wires, where damage commenters. This definition is being
the ASTMs classification system. is more easily detected during wire rope included in 1926.1401, as is the
Although the provisions in the final inspections. Accordingly, the definition for repetitive lifts proposed
rule are substantively similar to those in Committee concluded that Type I rope by OSHA and quoted above.
the ASTM standard, the Agency uses can safely be used for duty cycle and
the term category in the wire rope Paragraph (e)(3)
repetitive lifts at an operating design
provisions of subpart CC that relate to factor below 5 (but no less than 3.5), as This proposed paragraph specified
the classification of apparent specified in proposed paragraph additional requirements that must be
deficiencies (see, e.g., (c)(2)(ii). No comments addressed the met when Types II and III rotation
1926.1413(a)(2)). Therefore, to avoid distinction between the types of wire resistant wire rope are used with an
confusion with those provision, OSHA rope in paragraph (e)(2)(i) of this operating design factor of between 3.5
uses the term type in classifying section. and 5 (for non-duty cycle, non-repetitive
rotation resistant rope in 1926.1414. In the proposed rule, OSHA noted lifts). The Committee concluded that
OSHA concludes that the use of that CDAC did not include definitions these additional requirements are
category in the ASTM standard would for duty cycle or repetitive lifts. The needed to ensure that use of such ropes
cause considerable confusion if OSHA Agency asked for comment on whether would be safe.
were to incorporate the ASTM definitions of these terms should be Due to renumbering, proposed
definitions directly. Accordingly, OSHA included in 1926.1401 and proposed paragraph (c)(3) corresponds to final
is promulgating proposed paragraph definitions that it determined were paragraph (e)(3). One commenter
(c)(1) as paragraph (e)(1) of the final consistent with CDACs understanding believed that the reference to these
rule. and widely understood in the industry. provisions in proposed paragraph
OSHA proposed to define duty cycle (c)(3)(iii) was unclear and should be
Paragraph (e)(2) clarified to state whether it refers to the
as a continuous operation in which
Paragraphs (e)(2) of this section sets approximately the same type and weight entire subpart CC or to specific
forth use requirements of the three types of load is handled. It gave dredging provisions. (ID0214.1.) As used here,
of rotation resistant rope in terms of these provisions refers to lifts under
with a clamshell as an example of duty
operating design factors (and in some final paragraph (e)(3). To avoid any
cycle work. OSHA proposed to define
instances activity). The purpose of these ambiguity, these provisions is being
repetitive lifts as a continuous
provisions is to ensure that the selection changed to 1926.1414(e)(3).
operation with loads that may vary in
of the type of rotation resistant rope is The same commenter who stated in
size and weight. For an example, it
suitable, in terms of safety, to its use. regard to final paragraph (e)(2) that
These requirements are identical to noted that steel erection work typically
rotation resistant rope should have a
those in proposed paragraph (c)(2). The involves repetitive lifts of various size
design factor of less than 5 only for
preamble to the proposed rule explained and configurations of structural steel
single engineered lifts recommended
in detail the basis for setting these members.
Three commenters agreed that duty that paragraph (e)(3) also be changed to
design factors for rotation resistant rope reflect its recommendation. (ID0292.1.)
cycle and repetitive lifts should be
(see 73 FR 5978259783, Oct. 9, 2008). OSHA is rejecting that suggestion for the
defined, and no commenters suggested
One commenter, stated that rotation same reason given in relation to
otherwise. (ID0205.1; 0213.1; 0226.)
resistant ropes should have a design paragraph (e)(2). No other objections to
The commenters on the subject did not
factor of less than 5 only for single proposed paragraph (c)(3) (final
object to OSHAs proposed definition of
engineered lifts, but provided no paragraph (e)(3)) were received.
repetitive lifts, but two recommended
rationale for this position. No other Accordingly, with the single exception
that OSHAs proposed definition of
comments addressed the proposed just mentioned in regard to final
duty cycle be replaced with the
design factors, and OSHA is deferring to paragraph (e)(3)(iii), proposed paragraph
following:
the expertise of CDAC and (c)(3) is being promulgated as final
incorporating the design factors in A type of crane service in which bulk 1926.1414(e)(3).
paragraph (e)(2) of the final rule. material is transferred from one point to
As discussed in the preamble to the another by rapidly lifting, swinging, Paragraph (e)(4) Additional
booming, and placing the material. Typical Requirements for Rotation Resistant
proposed rule, paragraphs (e)(2)(i)(iv) types of duty cycle service are dragline,
use the phrase operating design factor. Rope for Boom Hoist Reeving
clamshell, grapple, and magnet. This type of
Operating is included to show that the service is differentiated from standard crane Paragraph (e)(4)(i) of this section
factors specified in these provisions are lift service in that cycle times are very short prohibits rotation resistant rope from
to reflect how the rope is installed on and continuous, often less than 1 minute per being used for boom hoist reeving
the specific piece of equipment in load, and loads are lifted and placed in except where the requirements of
which it is used. In other words, the general areas rather than precise positions to paragraph (e)(4)(ii) of this section are
operating design factor is calculated permit such rapid cycles. met. CDAC members determined that
the general prohibition was necessary
based on numerous considerations (ID0205.1; 0213.1.)

associated with both the ropes design OSHA determines that in most because, in their experience, rotation
and how it is installed on the respects the commenters suggested resistant rope used for boom hoist
equipment. definition is clearer and better reflects reeving tends to twist and thereby suffer
The prohibition on the use of rotation the intent of the Agency. Therefore, internal damage when it passes over
resistant rope for duty cycle and OSHA is adopting their definition with sheaves that are close together.
repetitive lifts does not apply to Type I only minor modification (the reference However, CDAC concluded that safety
rope because the Committee determined to lifting, swinging, booming and would not be compromised when
rotation resistant rope is used for boom that the length and number of seizings leveling the equipment. CDAC
hoist reeving as long as the conditions must be in accordance with the members stressed the need to use a
in paragraph (e)(4)(ii) of this section are instructions of the wire rope crane level indicator because, if the
met. manufacturer. equipment is not properly leveled, it
The Committee also determined that Seizings are needed to hold the wire will not have all the capacities indicated
the exception would serve a practical in the strands and the strands in place in the load charts. Reliance on the
purpose, especially when using during handling while cutting, thereby charts in such situations could cause the
attachments such as luffing jibs. The keeping the rope beyond the area of the equipment to overturn or otherwise fail.
auxiliary hoist is typically used as a cut intact. In the Committees Section 1926.1415(a)(1)(i) specifies
boom hoist for such attachments, and is experience, the instructions and that a crane level indicator must either
normally rigged with rotation resistant procedures for seizing differ among be built into the equipment or available
rope. The exception enables the various wire rope manufacturers. The on it. One commenter requested
employer to avoid the need to change Committee decided to require clarification of whether the rule allows
the rope when using such attachments employers to follow the manufacturers for the use of a carpenters level to
when safety could be assured by instructions because it concluded that satisfy the requirements of proposed
meeting the specified conditions for its wire rope manufacturers have the 1926.1415(a)(1)(i). (ID0292.1.)
use. knowledge and expertise to best A carpenters level of sufficient length
The conditions under which rotation determine the length and number of (such as a four-foot level), available to
resistant rope may be used for boom seizings that are needed to maintain the the operator, that gives an accurate
hoist reeving were contained in integrity of their wire ropes during reading, meets the requirements of this
proposed paragraph (c)(4). No cutting. No comments regarding this paragraph as proposed; such a level is
substantive objections to that proposed provision were received, and OSHA is typically used in the industry for this
paragraph were received. Two promulgating it as 1926.1414(h). purpose. Therefore, it is not necessary to
commenters stated that the phrase Section 1926.1415 Safety Devices revise the text of the rule and OSHA is
rated capacity in proposed paragraph promulgating paragraph (a)(1)(i) as
(c)(4)(ii)(F) should be replaced with This section sets forth the
proposed.
rated load capacity. (ID0205.1; requirements for equipping cranes and
derricks with certain safety devices and Section 1926.1415(a)(1)(ii) addresses
0213.1.) As noted in the proposed rule, the hazard posed by false readings from
the CDAC proposal attributed the same prohibits the use of the equipment if
those devices are not working properly. non-operational crane level indicators
meaning to both rated capacity and remaining on the equipment. The
rated load capacity, and OSHA is The safety devices addressed by this
section are devices that CDAC Agency is requiring built-in (i.e.,
consistently using the term rated integral) crane level indicators that are
capacity wherever CDAC used either determined are essential for the safe
operation of cranes and derricks and not working properly to be tagged-out or
term to avoid any confusion (see 73 FR removed. Similarly, removable crane
59738, Oct. 9, 2008). Accordingly, therefore, required to be present and in
proper working order during all level indicators must be removed from
proposed paragraph (c)(4) is being the equipment if they are not working
promulgated as final paragraph (e)(4) equipment operations with no
alternative measures permitted. Those properly. Both requirements are
without substantive change. intended to avoid confusion and the
devices considered less critical to
Paragraph (f) equipment safety are designated as operators inadvertent reliance on a
operational aids and are governed by device that is not working correctly.
Proposed paragraph (d) of this section
1926.1416. That section allows OSHA received no comment on this
specified that wire rope clips used with
equipment to continue operating if the provision. Therefore, OSHA
wedge sockets may only be attached to
operational aid fails or malfunctions but promulgated it as proposed, with the
the unloaded dead end of the rope,
requires certain temporary alternative additional specification that a
except that devices specifically
protective measures in such cases. removable crane level indicator must be
designed for dead ending rope in a
Those devices designated as safety removed prior to operation if it is not
wedge socket are also permitted.
The Committee concluded that this devices in this section, however, are so working properly.
provision was necessary to ensure essential and integral to safe equipment Paragraph (a)(1)(iii) exempts portal
attachment strength, reliability and operation that CDAC determined that cranes,78 derricks, floating cranes/
prevention of cable damage. No there is no acceptable alternative to derricks and land cranes/derricks on
comments concerning this provision having them in proper working order. barges, pontoons, vessels, or other
were submitted, and OSHA is means of flotation from the
Paragraph (a) Safety Devices requirements of 1926.1415(a)(1). C
promulgating it as 1926.1414(f).
Paragraph (a) of this section lists the DAC members indicated that these types
Paragraph (g) safety devices that are required on all of equipment are leveled and then fixed
Proposed paragraph (e) of this section equipment covered by this subpart and in place when installed, precluding the
stated that socketing must be done specifications and conditions applicable need for a crane level indicator.79 OSHA
according to the specifications of the to those devices (including the
manufacturer of the wire rope or fitting. exemption of certain equipment from 78 Section 1926.1401 defines portal crane as a
No comments regarding this provision the requirements of the listed devices). type of crane consisting of a rotating
Crane Level Indicator: Paragraph upperstructure, hoist machinery, and boom
were received, and OSHA is mounted on top of a structural gantry which may
promulgating it as 1926.1414(g). (a)(1) requires that a crane level be fixed in one location or have travel capability.
indicator be on all equipment covered The gantry legs or columns usually have portal
Paragraph (h) under this subpart. CDAC determined openings in between to allow passage of traffic
Proposed paragraph (f) of this section that level equipment is a key factor in beneath the gantry.
79 Note that, 1926.1437(e) requires barge,
specified that seizings must be placed ensuring equipment safety. Using a pontoon, vessel or other means of flotation list and
on each side of the point to be cut before crane level indicator is necessary trim device for floating cranes/derricks and land
the wire rope is cut. It also specified because it has the requisite accuracy for cranes/derricks.
received no comment on this provision. is hand-actuated). This raised the issue Rail Clamps and Rail Stops:
Therefore, OSHA is promulgating of whether the exemption is needed. Paragraph (a)(6) specifies that
paragraph (a)(1)(iii) as proposed. Consequently, OSHA asked for public equipment on rails have rail clamps and
Boom Stops: Paragraph (a)(2) requires comment on whether to change rail stops, except for portal cranes. (See
boom stops on all equipment except for proposed 1926.1415(a)(4) by deleting the discussion of this provision in 73 FR
derricks and hydraulic booms (see the the exemption and requiring a hoist 59786, Oct. 9, 2008.) OSHA received no
discussion of this provision in 73 FR brake locking mechanism for all cranes. comment on this provision. Therefore, it
59785, Oct. 9, 2008). Boom stop is OSHA received no comment on this is promulgated as proposed.
defined in 1926.1401 as a device that issue. Therefore, OSHA has not Horn: In the proposed rule, a horn
restricts the boom from moving above a included the exemption in the final was not listed as a safety device. One
certain maximum angle and toppling rule. The final paragraph (a)(4) is commenter requested that the standard
over backwards. OSHA received no published as proposed except that require a horn. (ID0156.1.) ASME
comment on this provision or OSHA has removed the phrase except B30.52004 requires that an audible
definition. Therefore, OSHA is for portal cranes and floating cranes. signal device be provided, within reach
promulgating paragraph (a)(2) as Integral Holding Device/Check Valve: of the operator. OSHA agrees that a horn
proposed. Paragraph (a)(5) requires that hydraulic is an important safety feature; it is
Jib Stops: Section 1926.1415(a)(3) outrigger jacks have an integral holding typically a standard feature on cranes
requires jib stops on all equipment device/check valve. Such a device is and is used to warn workers of
where a jib is attached, except for necessary to prevent the outrigger jack imminent dangers. Therefore, OSHA has
derricks (see the discussion of this from collapsing in the event of a included a horn in the list of safety
provision in 73 FR 59785, Oct. 9, 2008). hydraulic failure. (See the discussion of devices in 1926.1415(a)(7) of the final
The standard defines Jib stop (also this provision in 73 FR 59786, Oct. 9, rule.
referred to as a jib backstop) in The horn need not be permanently
2008.) OSHA is promulgating this
1926.1401 as the same type of device installed on the equipment, but it must
provision as proposed.
as a boom stop but used for a fixed or be in a location where the operator can
Two commenters, both of which had
luffing jib. OSHA received no comment access and use it immediately to warn
nominated CDAC members, suggested workers of imminent danger. An
on this provision or definition.
Therefore, OSHA is promulgating moving this requirement to 1926.1433 operator may use a removable device,
paragraph (a)(3) as proposed. (Design, construction and testing) due to such as a hand-held air horn that is
Foot Pedal Brake Locks: Proposed their belief that an integral holding stored near the operator in a manner
paragraph (a)(4) required that device/check valve is a design feature. that would not interfere with the
equipment with foot pedal brakes have (ID0205.1; 0213.1.) Neither of these operation of the equipment, if it satisfies
locks, except for portal cranes and organizations nominees dissented on those requirements.
floating cranes. Such locks prevent the this issue. Both organizations indicated OSHA is also requiring in
unintentional disengagement of a foot in their comments that they supported 1926.1415(a)(7)(ii) that built-in (i.e.,
pedal brake, which could lead to the recommendations of CDAC and integral) horns be removed or tagged out
unintended equipment movement and were not providing any negative when they are not working properly.
consequent injuries and fatalities. Due comments on provisions that mirrored Similarly, a removable horn must be
to the physical effort needed to keep the the CDAC consensus document. Since removed from the equipment when it is
pedal engaged, this is particularly this provision is unchanged from the C not working properly. As noted in the
important where the brake is applied for DAC consensus document, the Agency previous paragraph, the operator would
long periods. assumes that the commenters believe be permitted to resume operation if an
The rationale for exempting portal that they are suggesting a non- operational horn, such as a hand-held
cranes and floating cranes from this substantive formatting change. air horn, is added to the cab in the
requirement discussed by CDAC was The commenters are mistaken in that proper location. It is therefore critical
that there are instances in which, due to regard. By locating this provision in the that the operator, and operators in
the pitching of a floating crane and the Safety Devices section of the standard, subsequent shifts, not be confused about
pitching of the vessel or object in the the employer is required to inspect the which horn is operational. A non-
water with which a portal crane works, integral holding device/check valve operational horn must be tagged out or
the operator may have to immediately (see, e.g., 1926.1412(d)(1)(xiv)) and, if removed, prior to the resumption of
release the brake. The concern is that, if it is not functioning properly, to not use operation, to avoid the operators
the foot pedal brake lock has been the crane until it is repaired (see inadvertent reliance on the
activated, the operator may not be able 1926.1415(b)). If this provision were nonoperational horn. The horn is often
to release the brake quickly enough to moved to the Design, construction and required when an unexpected hazard
prevent the equipment from being testing section, it would no longer be presents itself, and the operator must
overloaded or to prevent unintended considered a safety device. If it was not therefore locate and use it quickly.
movement of the load. functioning, it would be left to the
As explained in the proposed rule, competent person conducting the shift Paragraph (b) Proper Operation
upon review of the exemption in the and monthly inspections (and the Required
provision, the Agency realized that C qualified person conducting the annual Paragraph (b) prohibits the operation
DAC assumed that the locking device inspection) to determine if the of the equipment if any of the safety
would always be of the type that is deficiency constituted a safety hazard devices listed in this section are not in
located on the brake pedal. That type of (see, e.g., 1926.1412(d)(2)). CDAC proper working order. Under OSHAs
device can be difficult to disengage, determined, and OSHA agrees, that an existing 1926.20(b)(3), employers must
thereby delaying the operators ability to integral holding device/check valve is tag out or remove any equipment that is
release the brake. However, there are essential for the safe operation of not in compliance with any applicable
other types of brake locking hydraulic outrigger jacks and therefore requirement in part 1926. In
mechanisms that do not present this needs to be designated as a safety 1926.1417(f), OSHA makes it clear that
problem (for example, a brake lock that device. when equipment is taken out of
service, the employer must place a tag Other sections of this rule provide 1926.1416(e)(5)(i). As discussed under
in the cab to provide clear notice to all exceptions for various types of 1926.1404, for certain types of cranes,
employees that the equipment is out of equipment. Under 1926.1435(e)(1), stabilizers serve the same function as
service. To avoid any potential this section does not apply to tower outriggers and, where appropriate,
ambiguity about whether equipment is cranes. Instead, the operational aids provisions of the proposed rule that
taken out of service when its operation required for tower cranes are specified applied to outriggers are being changed
is prohibited because of an in 1926.1435. Under 1926.1436(f)(1), in the final rule to also apply to
inoperational safety device, OSHA is 1926.1416(d)(1), (e)(1), and (e)(4) do stabilizers. One such provision is
inserting new text in 1926.1415(b) and not apply to derricks. paragraph (e)(5)(i) of this section,
a cross reference to 1926.1417 This section also does not apply to which, as discussed below, has been
(Operation). Specifically, final existing equipment manufactured before modified from the proposed rule to
paragraph (b)(2) requires that equipment certain dates. Those dates are keyed require outrigger/stabilizer position
be taken out of service when one of either to the time an operational aid was sensor monitors rather than outrigger
the safety devices in 1926.1415 is not first required by a national consensus position sensor monitors on equipment
operating properly. The general tagout standard or to the effective date of the manufactured more than one year after
requirement in 1926.1417(f)(1) will standard. One year after the effective the effective date of the standard. As so
apply whenever any of the safety date of this final rule, the proposed rule modified, the provision appropriately
devices are not operating properly. would have required all operational aids applies to articulating cranes.
The Agency notes that the specific on all equipment, with a single Another commenter stated that digger
tagout/removal requirements for crane exception: proposed paragraph (e)(4) derricks do not typically have anti-two
level indicators ( 1926.1415(a)(1)(ii)) did not require load weighing or similar blocking devices (paragraph (d)(3)),
and horns ( 1926.1415(a)(7)(ii)) are devices on derricks. radius indicators (paragraph (e)(1)), load
A trade association asked that
intended to supplement this general weighing devices (paragraph (e)(4)),
articulating cranes be exempt from
requirement. Unlike the safety devices outrigger position indicators (paragraph
certain requirements of this section: the
addressed in 1926.1415(a)(2) through (e)(6)(i)), and hoist drum rotation
requirement for a boom angle or radius
(a)(6), which are not as likely to be left indicators (paragraph (e)(5)(ii).80 (ID
indicator in paragraph (e)(1) of this
on the equipment once they are non- 0155.1.) This commenter does not state
section; the requirement for a jib angle
operational, 1926.1415(a)(1)(ii)) and that such devices would be impractical
indicator in paragraph (e)(2) of this
1926.1415(a)(7)(ii)) address the on digger derricks but only that they are
section; the requirement for a boom
additional hazard that non-operational not currently equipped with the
length indicator in paragraph (e)(3) of
equipment might remain in the cab, and this section; and the requirement for an devices. OSHA notes that the ANSI
be accidently relied on by the operator, outrigger position sensor/monitor in standard applicable to digger derricks,
once an operational version of the same paragraph (e)(5)(i) of this section. (ID ANSI/ASSE A10.312006, does not
device has been placed in the cab. 0206.1.) As to the first three, the require the devices listed by the
commenter stated that these would not commenter. As noted above, this final
Section 1926.1416 Operational Aids
be practical on articulating cranes rule is exempting certain older or
This section sets forth the because of the boom configuration on existing equipment from the need to be
requirements for equipping cranes and such cranes. The commenter said that a equipped with certain operational aids
derricks with certain operational aids. boom angle indicator or jib angle when the consensus standard for such
Operational aids are defined in indicator could not be used because equipment has not required those
1926.1401 as devices that assist the articulating cranes can have up to three devices. Consistent with this policy,
operator in the safe operation of the boom sections at different angles. OSHA is specifying that only those
crane by providing information or Unlike cranes with straight booms, their digger derricks manufactured more than
automatically taking control of a crane capacity is determined by the one year after the effective date of this
function. These include, but are not combination of boom angles rather than standard must be equipped with anti-
limited to, the devices listed in a single angle. Similarly, the commenter two blocking devices, boom angle or
1926.1416 (listed operational aids). stated, boom length indicators are not radius indicators, and load weighing
As discussed above regarding practical on articulating cranes because devices. Under 1926.1416(e)(5),
1926.1415, OSHA determines that the their lifting capacity is based on the outrigger position indicators and hoist
devices addressed in 1926.1416 position of the boom sections rather drum rotation indicators are not
enhance safety. However, they are less than the boom length. Finally, the required on any equipment until one
essential to the safe operation of commenter asserted that articulating year after the effective date of the
equipment than the safety devices cranes should be exempt from the standard, so it is not necessary to single
addressed by 1926.1415 because requirement for outrigger position out digger derricks for special treatment
sufficient temporary alternative sensor monitors because such cranes for these devices. Accordingly, OSHA is
measures are available. Crane operators use stabilizers rather than outriggers. adding 1926.1416(a)(2) to the final
historically used these temporary OSHA agrees with the commenter that rule, which provides that the
alternative measures as safety boom angle indicators, jib angle requirements in 1926.1416(d)(3),
precautions prior to the widespread indicators, and boom length indicators (e)(1), and (e)(4) only apply to those
availability and use of these operational are not appropriate for articulating digger derricks manufactured more than
aids. one year after the effective date of this
cranes for the reasons given by the

commenter. Accordingly, OSHA is standard.
Paragraph (a)
adding 1926.416(a)(1), which excludes
Proposed paragraph (a) of this section articulating cranes from the 80 The term digger derrick is defined in
provided that the operational aids listed requirements in 1926.1416(e)(1), 1926.1401. As discussed in 1926.1400, digger
derricks are not covered by the standard when used
in this section are required on all (e)(2), and (e)(3). for work related to utility poles but are subject to
equipment covered by subpart CC, OSHA is not exempting articulating this final rule when used covered for general lifting
unless otherwise specified. cranes from the requirement of activities unrelated to utility poles.
Paragraph (b) substitute operational aid because, as OSHA did not receive comments on
Proposed paragraph (b) of this section long as the substitute device works these issues.
stated that operations shall not begin properly, its use will not affect the The SBREFA Panel also questioned
unless the listed operational aids are in capacity or safe operation of the whether the number of days for
proper working order, except where the equipment. No comments were received ordering parts and completing repairs
employer meets specified temporary on this paragraph, and it is promulgated for operational aids refers to calendar
alternative measures. If the crane or as proposed. days or business days. Absent a
derrick manufacturer specified more Paragraph (d) Category I Operational different definition in the standard,
protective alternative measures, the Aids and Alternative Measures OSHA interpreted the word days to
employer would have to follow those mean working days which, as
The standard categorizes operational discussed above in relation to proposed
measures. aids by the amount of time permitted for
Upon reviewing the proposed 1926.1407(e), would mean Mondays
the use of temporary alternative through Fridays, excluding Federal
paragraph, OSHA believes it does not measures in place of the listed
state its requirement as clearly as holidays. OSHA sought public comment
operational aids. Employers must on whether a different definition of
possible. As subsequent provisions of ensure the repair of Category I
this section make clear, employers may days should apply under this section.
operational aids, addressed by One commenter stated that the use of
only use temporary alternative measures paragraph (d), no later than 7 days after
while listed operational aids are being the term days is unclear. (ID0143.1.)
the deficiency occurs. Category II Two commenters stated it was CDACs
repaired, and then only for limited operational aids, addressed below by
times. OSHA is rewording paragraph (b) intention that the term days mean
paragraph (e), have a 30-day time limit calendar days as opposed to business
in the final rule to make these for repair. Except where noted, CDAC
requirements clearer. days. The commenters stated that the
recommended each of these aids for the
Two hearing participants requested circumstances in 1926.1407(e), where
reasons set forth below. The Committee
that, in general, OSHA remove any the rule uses business days, are unique
further determined that each of the
provision in the proposed rule that because power companies are not open/
temporary alternative measurers would
would require strict adherence to available on weekends.
be safe to use until the deficient
manufacturers procedures. (ID0341; operational aid was restored to proper OSHA concludes that the 7 and 30
0342.) Compliance with manufacturer service within the time required under day time frames should refer to calendar
procedures is addressed in the the section. OSHA agrees. (For purposes days. The periods correspond to one
discussion of 1926.1417. In addition, of clarification, the Agency has added a calendar week and one typical calendar
OSHA determines that the rule reference to 1926.1416(d) noting that month, and it is, therefore, easy to
addresses the hearing participants the requirements of 1926.1417(j) are determine when the period ends if they
concerns. Employers can fully comply applicable. See further discussion at mean calendar days. Moreover, referring
with the standard by maintaining the 1926.1417(j).) to calendar days will lead to faster
listed operational aids in proper Both Category I and II have an repairs and help promote safety.
working order. For brief periods while exception to the repair time limits. For Therefore, OSHA has clarified by
such aids are being repaired, employers Category I, if the employer documents adding the word calendar before each
can generally comply by following the that it has ordered the necessary parts use of the word days in this section;
temporary alternatives listed in the rule. within 7 days of the occurrence of the the remainder of paragraph (c) is
Only if manufacturers recommend safer deficiency, the repair must be identical to the proposed rule.
alternatives, which OSHA concludes completed within 7 days of receipt of Paragraph (d) lists the required
will rarely occur, will employers need the part. For Category II, if the employer Category I operational aids and the
to look to those recommendations rather documents that it has ordered the acceptable temporary alternative
than the precautions specified in the necessary parts within 7 days of the date measures for these aids.
rule. on which the deficiency was Boom Hoist Limiting Device:
discovered, and does not receive the Paragraph (d)(1) requires that all
Paragraph (c) equipment manufactured after
part in time to complete the repair in 30
Paragraph (c) of this section states that days, the repair must be completed December 16, 1969, have a boom hoist
if a listed operational aid stops working within 7 days of receipt of the part. limiting device. As defined in
properly during operations, the operator OSHA determines that these time limits 1926.1401, a boom hoist limiting
must safely stop operations until the are both feasible and reflective of the device disengages boom hoist power
temporary alternative measures are amount of time that it is appropriate to when the boom reaches a predetermined
implemented or the device is again rely on the temporary alternative operating angle and also sets brakes or
working properly. Further, if a measures in each category. closes valves to prevent the boom from
replacement part is no longer available, During the SBREFA Panel process, lowering after power is disengaged.
a substitute device that performs the one Small Entity Representative stated Section 1926.1401 also defines the term
same type of function may be used, and that an extended time limit might be boom hoist limiting device to include
the use of such a device is not required to determine the appropriate boom hoist disengaging device, boom
considered a modification under part number for older equipment. hoist shutoff, boom hoist disconnect,
1926.1434, Equipment modifications. Therefore, it might not be possible to boom hoist hydraulic relief, boom hoist
Section 1926.1434 applies to order a replacement within 7 days of the kick-outs, automatic boom stop device,
modifications or additions that affect occurrence of the deficiency. OSHA or derricking limiter. A boom hoist
the capacity or safe operation of the sought public comment on the extent to limiting device automatically prevents
equipment except where the which this is a problem. OSHA further the boom hoist from pulling the boom
requirements of paragraphs (a)(1), (a)(2), sought comment on how to past the minimum allowable radius
or (a)(3) of 1926.1434 are met. OSHA accommodate employers when the (maximum boom angle). If the boom
determines that it is unnecessary to unavailability of a part number hinders hoist pulls the boom past that point, a
apply 1926.1434 to the use of a them from ordering a replacement part. failure is likely (for example, the boom
could buckle from being forced against luffing jib. These devices function boom cranes in the ASME standard
the boom stop). similarly and are distinguished only as reflects the fact that such cranes are
The December 16, 1969, date reflects to the type of crane extension they are more likely to two-block because
the effective date of ASME B30.51968. designed to limit automatically, the jib telescoping the boom out (an action that
This was the first national consensus or the boom. The temporary alternative does not occur with lattice boom cranes)
standard to require a boom hoist measures for a luffing jib limiting device moves the booms block closer to the
limiting device, and CDAC regarded are the same as those for a boom hoist load end of the hoist cable, which can
that date as a reasonable indicator of limiting device in paragraphs cause two-blocking.
when the industry began to widely (d)(1)(i)(A)(C). For clarity, the Agency Because February 28, 1992 is the date
manufacture or equip cranes and added the words, rather than the boom that ASME B30.5 first stated that
derricks with such devices. OSHA hoist to paragraph (d)(2)(i). telescopic boom cranes must have anti
agrees. Although the ASME standard Anti Two-Blocking Device: Paragraph two-block devices and is when the
only applies to crawler, locomotive, and (d)(3) sets forth the requirements for anti industry first began widely
truck cranes, OSHA is extending this two-blocking devices. Section manufacturing or equipping such cranes
provision to all equipment based on 1926.1401 defines two-blocking as a with such devices, proposed paragraph
prevailing industry practice. condition in which a component that is (d)(3)(i) requires automatic prevention
The standard includes three uppermost on the hoist line such as the devices on all telescopic boom cranes
temporary alternative measures in load block, hook block, overhaul ball, or manufactured after February 28, 1992.
paragraphs (d)(1)(A)(C), of which the similar component, comes in contact However, because ASME B30.5 allows
employer must use at least one if the with the boom tip, fixed upper block or lattice boom cranes to have either an
boom hoist limiting device similar component. This binds the automatic prevention device or a
malfunctions: (A) Use of a boom angle system and continued application of warning device since February 28, 1992,
indicator; (B) clearly marking the boom power can cause failure of the hoist rope paragraph (d)(3)(ii)(A) gives employers
hoist cable at a point that will give the or other component. As the definition the option of using either device on
operator sufficient time to stop the hoist indicates, two-blocking can cause the lattice boom cranes manufactured
to keep the boom within the minimum crane to drop the load, the headache between February 28, 1992, and one
allowable radius; and, (C) if a spotter is ball, or another component, creating a year after the effective date of this
used, clearly marking the boom hoist hazard to employees below. When standard.
cable at a point that will give the spotter hoisting personnel, an anti two-blocking OSHA concludes that an automatic
sufficient time to signal the operator and device had been required by former prevention device provides better
have the operator stop the hoist to keep 1926.550(g)(3)(ii)(C) since October 3, protection than a warning device
the boom within the minimum 1988, but was not otherwise required because it directly addresses the hazard,
allowable radius. CDAC recommended under subpart N. OSHA concludes that rather than alerting an operator and
these measures because historically they requiring the use of anti two-blocking requiring an additional step by the
were used by employers prior to the devices will reduce the number of operator to address the hazard.
development of the boom hoist limiting crane-related injuries and fatalities. Therefore, lattice boom cranes
device. There are two forms of anti two-block manufactured more than one year after
In the proposed rule, devices: an automatic prevention device the effective date of this standard must
1926.1416(d)(1)(ii) specified that or a warning device. The automatic be equipped with an automatic
employers must, on a permanent basis, prevention device automatically stops prevention device.
use at least one of these measures for two-blocking from occurring. The Paragraph (d)(3)(ii)(C) excludes lattice
equipment manufactured on or before warning device warns the operator boom equipment used during certain
December 16, 1969 that was not when two-blocking is about to occur. activities from the anti two-block
originally equipped with a boom hoist OSHA determines that an automatic requirements of (d)(3)(A) and (B). The
limiting device. OSHA notes that prevention device provides better provision exempts lattice boom
equipment not originally equipped with protection than a warning device for equipment when used for dragline,
a boom hoist limiting device might have employees, since it automatically stops clamshell (grapple), magnet, drop ball,
one added later, and that such a piece two-blocking. As discussed below, the container handling,81 concrete bucket,
of equipment should be treated the same standard ultimately requires automatic marine operations that do not involve
as equipment originally equipped with prevention devices on all equipment hoisting personnel, and pile driving
such a device. Accordingly, OSHA has manufactured after February 28, 1992, work. CDAC indicated that most of
modified 1926.1416(d)(1)(ii) by under a phase-in schedule. The these operations involve heavy
replacing was not originally equipped standard takes into account of the date repetitive motion, and anti-two-block
with is not equipped and removing the national consensus standard, ASME devices used during these activities
on a permanent basis. If and when the B30.5, began to require such devices for consistently malfunction (that is, the
equipment is modified to include the telescopic boom cranes, and that B30.5 device trips even though two-blocking
limiting device, it would fall under continues to allow lattice boom cranes has not occurred) and are frequently
1926.1416(d)(1)(i). Until that point, it to be equipped with either automatic damaged.
would remain under prevention devices or warning devices. However, note that 1926.1437(f)(1)
1926.1416(d)(1)(ii), and at least one of ASME B30.5, effective February 28,
requires anti two-block devices on
the measures in paragraphs (d)(1)(A)(C) 1992, states that telescopic boom cranes
floating cranes/derricks and land
must have automatic prevention
would be required at all times.

Luffing Jib Limiting Device: Paragraph devices. For lattice boom cranes, ASME 81 In most situations hoisting containers are
(d)(2) requires that equipment with a B30.5 states that they must have two- regulated under 29 CFR part 1918; this standard
luffing jib have a luffing jib limiting block protection but allows greater applies to hoisting containers only where that
device. As defined in 1926.1401, a flexibility, allowing them to be activity is construction work. For example, hoisting
a container of construction material from a ship
luffing jib limiting device is similar to equipped with either automatic onto a concrete pier that is part of a bridge
a boom hoist limiting device, except prevention devices or warning devices. construction project is a construction activity
that it limits the movement of the The additional protection for telescopic covered by this standard.
cranes/derricks on barges when hoisting Paragraph (e) Category II Operational equipment with a rated capacity over
personnel or hoisting over an occupied Aids and Alternative Measures. 6,000 pounds and manufactured after
cofferdam or shaft. The Agency Paragraph (e) of this section lists the March 29, 2003 (except derricks; a
determines that cranes need anti two- required Category II operational aids comparable provision for derricks is in
block devices to prevent employees and the acceptable temporary 1926.1436(f)(3), discussed below). The
from being dropped and to prevent alternative measures for these aids. If framework of this proposed paragraph
loads from striking employees in the any of these aids is not working was similar to the approach taken in
confined work environment of a properly, it must be repaired no later sec. 51.9.9.2 of ASME B30.52004,
cofferdam or shaft. These safety than 30 days after the deficiency occurs. respecting these aids. The proposed
considerations outweigh any concern standard permitted employers to choose
As noted above, if the employer
for damage to a device or unnecessary to outfit its equipment with either a load
documents that it has ordered the
tripping during marine operations. weighing device, load moment (or rated
necessary parts within 7 calendar days
capacity) indicator, or a load moment or
The temporary alternative measures from the occurrence of the deficiency,
rated capacity limiter. The latter two
available when an anti two-block device and does not receive the part in time to
terms are defined in 1926.1401. All
on a lattice-boom crane or derrick complete the repair in 30 calendar days,
three devices are intended to help the
malfunctions are to clearly mark the the repair must be completed within 7
operator avoid exceeding the
cable so that it can easily be seen by the calendar days of receipt of the part. (For
equipments rated capacity and thereby
operator at a point that will give the purposes of clarification, the Agency
prevent the crane from tipping over.
operator sufficient time to stop the hoist has added a reference to 1926.1416(e) This proposed provision was limited
to prevent two-blocking, or to use a noting that the requirements of to equipment (other than derricks)
spotter to warn the operator to stop the 1926.1417(j) are applicable. See manufactured after March 29, 2003.
hoist. further discussion at 1926.1417(j).) That was the date when ASME B30.5
Boom Angle or Radius Indicator: first called for all mobile cranes with a
For telescopic boom cranes, the
Paragraph (e)(1) requires a boom angle rated capacity over 6,000 pounds to be
temporary alternative measures required
or radius indicator that is readable from equipped with load weighing devices.
are to clearly mark the cable so that it
the operators station on all equipment. The proposed provision was thus keyed
can easily be seen by the operator at a Section 1926.1401 defines boom angle
point that will give the operator to the date when the industry first began
indicator as a device which measures widely manufacturing or equipping
sufficient time to stop the hoist to the angle of the boom relative to the
prevent two-blocking and to use a mobile cranes with load weighing or
horizontal. This definition is identical load moment devices.
spotter when extending the boom. to that in the SC&RF Handbook. It is
OSHA determines that the alternative A trade association pointed out that
necessary to know the boom angle to ASME B30.5 does not apply to
measures for telescopic boom cranes determine the cranes capacity from its
must require the use of a spotter when articulating cranes and that the
load chart. The temporary alternative applicable consensus standard, ASME
extending the boom because two- measure is to measure the radii or boom
blocking can occur even when the cable B30.22, does not require the devices
angle with a measuring device. specified in paragraph (e)(4). (ID
hoist is not being operated. As noted Jib Angle Indicator: Paragraph (e)(2)
above, telescoping the boom out moves 0206.1.) The commenter stated,
requires a jib angle indicator on all however, that these are likely to be
the booms block closer to the load end equipment with a luffing jib. The
of the hoist cable, which can cause two- required by the 2010 update of ASME
temporary alternative measure is to B30.22.
blocking. A mark on the hoist cable in measure the radii or jib angle with a As discussed in 1926.1400, evidence
such instances will not warn the measuring device. in the record shows that many
operator that two-blocking is about to Boom Length Indicator: Paragraph articulating cranes are currently
occur. Therefore, when extending the (e)(3) requires a boom length indicator equipped with automatic overload
boom, a spotter is required. on all equipment equipped with a prevention devices which, like the
The proposed rule did not address the telescopic boom. Section 1926.1401 devices specified in this section, are
issue of anti two-block protection for defines a boom length indicator, as a designed to avoid the possibility of
articulating cranes. Many such cranes device that, indicates the length of the tipover. Therefore, the tipover hazard
are equipped with forks at the end of the permanent part of the boom (such as addressed by paragraph (e)(4) can be
boom and do not have the potential for ruled markings on the boom) or, as in addressed for newly-manufactured
two-blocking. However, those equipped some computerized systems, the length articulating cranes by requiring such
with a load hoist present the same of the boom with extensions/ cranes to be equipped with either
potential for two-blocking as other attachments. OSHA did not receive any automatic overload prevention devices
cranes with load hoists. A trade comments on the definition and is or one of the devices specified in
association pointed out that the ASME promulgating it as proposed. The paragraph (e)(4). To achieve this
standard for articulating cranes, ASME operator must know the length of the objective, OSHA is therefore revising
B30.221998, first required two-block boom because it affects the cranes proposed paragraph (e)(4). The
protection effective December 31, 1999. capacity, as shown on the load chart. At requirement in proposed paragraph
(ID0206.1.) OSHA infers that least one of the following must be used (e)(4) is revised to exclude articulating
articulating cranes with boom hoists as a temporary alternative measures: cranes and is renumbered paragraph
manufactured after December 31, 1999, (e)(4)(i) in the final rule. New paragraph
mark the boom with measured marks to

were routinely equipped with automatic calculate boom length; calculate boom (e)(4)(i) includes temporary alternative
two-block protection after that date. length from boom angle and radius measures based on calculations from
Therefore, to treat such cranes in a measurements; or measure the boom sources recognized by the industry. The
manner similar to lattice boom cranes with a measuring device. proposed rule had provided for
and telescopic boom cranes, OSHA is Load Weighing and Similar Devices: calculations based on a reliable source
adding 1926.1416(d)(3)(iii) to the final Proposed paragraph (e)(4) required load or calculation method, or by other
rule. weighing and similar devices on all equally reliable means. To avoid the
potentially subjective interpretations of not be required on cranes other than conceivably develop procedures which
reliable, OSHA is instead requiring tower cranes. are unwise, unnecessary, or infeasible.
that the measurements be from a source Neither commenter provided any
Section 1926.1417 Operation
typically relied on in the industry. specific examples or data in support of
A new paragraph (e)(4)(ii), applicable Section 1926.1417 addresses hazards this assertion, and it is unreasonable to
to articulating cranes, is added. This associated with general operation of think that crane manufacturers would
new paragraph requires articulating equipment covered by this standard. develop such procedures. Like all
cranes manufactured more than one Previously, 29 CFR part 1926, subpart N product manufacturers, crane
year after the effective date of the primarily addressed safe operation by manufacturers want satisfied customers
standard to be equipped with either an incorporating national consensus and repeat business, and OSHA has no
automatic overload prevention device, a standards and manufacturer basis to conclude, as the commenters
load weighing device, a load moment recommendations. For example, former suggest, that they will alienate their
(or rated capacity) indictor, or a load 1926.550(b)(2) required crawler, truck, customers by recommending
moment (or rated capacity) limiter. and locomotive cranes to comply with unnecessary procedures that will reduce
Paragraph (e)(4)(ii) will protect workers the operation requirements of ANSI the usefulness and productivity of their
against articulating cranes tipping over B30.51968. The provisions in this products. Moreover, there are sound
while giving employers a choice of section are designed to update such reasons to determine that following
means to achieve this objective. The requirements, make them more manufacturer procedures will result in
temporary alternative measure required comprehensive, and state them in a way both the safe and productive use of
under paragraph (e)(4)(ii) is the same as that is clear and enforceable. cranes. The manufacturer of a large and
that required under paragraph (e)(4)(i). Paragraph (a) complex piece of machinery such as a
A commenter informed OSHA that crane is thoroughly familiar with the
New York City requires a load weighing Paragraph (a) of this section requires
employers to comply with the machines design, components, and
or similar device on cranes capabilities and is well-positioned to
manufactured after December 30, 1993, manufacturer procedures applicable to
the operational functions of all develop the procedures that enable the
and requested that the final rule allow crane to be used effectively and safely.
local governments to impose stricter equipment covered by this standard,
including the use of equipment with The commenters provided no basis for
requirements. (ID0156.1.) Whether OSHA to conclude that allowing crane
local governments can impose stricter attachments. Procedures is defined in
1926.1401 to include, but not be users to pick and choose which
requirements than provided under this manufacturer recommendations to
final rule is discussed under federalism limited to, instructions, diagrams,
recommendations, warnings, follow will promote safety, and OSHA
in section V.D of this preamble. does not believe this is the case.
Proposed paragraph (e)(5) required specifications, protocols, and
limitations. Moreover, CDACs members had vast
two future operational aidsan
Two commenters opposed this experience in crane manufacturing and
outrigger position sensor/monitor and a
hoist drum rotation indicatoron all provision. The first, a representative use and were well-positioned to
equipment manufactured more than one from the building industry, stated that it determine whether compliance with
year after the effective date of this was problematic to literally require manufacturers recommendations will
standard.82 As discussed in 1926.1404, employers to become familiar with and promote crane safety. They concluded
certain types of equipment are equipped obey to the letter anything written by a that it would. In the absence of
with stabilizers rather than outriggers, manufacturer related to a crane, no additional evidence, OSHA defers to
and OSHA is modifying the language of matter how unwise, unnecessary, or CDACs experience.
proposed outrigger provisions to infeasible. (ID0232.1.) The commenter OSHA also finds no merit in the
clarify that such provisions also apply also explained that crane manufacturers building industry representatives
to equipment with stabilizers. fear tort liability, which causes them to assertion that compliance with
Therefore, paragraph (e)(5)(i) is being over-warn in their manuals, and manufacturer recommendations should
reworded in the final rule to apply to suggested that employers needed to be not be required because manufacturers
equipment with stabilizers as well as able to use common sense to separate over-warn out of liability concerns.
outriggers. Paragraph (e)(5)(ii), which over-warning from serious The best way for manufacturers to avoid
requires hoist drum rotation indicators, recommendations. The commenter liability for accidents involving their
is promulgated as proposed. argued further that this provision products is to recommend the
One commenter stated that deadman constituted a delegation of authority precautions that are needed to prevent
controls should be required on all inconsistent with the U.S. Constitution such accidents, so their concern for tort
cranes. (ID0156.1.) Section and the Occupational Safety and Health liability is fully consistent with the
1926.1435(d)(2)(viii) requires that tower Act, and was unsupported by the objective of this standard.
cranes have deadman controls, but C rulemaking record. A building industry Regarding the delegation of authority
DAC did not determined these should trade association agreed with the issue, OSHA notes that provisions
be required on other types of cranes. building industry representatives similar to this one, including provisions
This commenter has not stated why it points and advocated amending this in the prior cranes standard in former
believes such controls are needed for provision to require operation of 1926.550, have withstood judicial
safe operation of other types of cranes. equipment in a manner consistent with scrutiny on every occasion on which
Accordingly, OSHA defers to CDACs manufacturers recommendations. (ID they have been challenged.83 See, e.g.,
judgment that deadman controls should 0214.1.) It also believed that the costs of
complying with this provision would be 83 Among the many OSHA standards requiring
82 The proposed rule would have required these excessive. compliance with manufacturer information are:
aids on equipment manufactured after January 1, OSHA disagrees with the suggestion 1910.134, UI; 1910.184, Slings; 1910.265,
2008. Here, as elsewhere, OSHA believes that Sawmills; 1915.113, Shackles and hooks;
devices not commonly installed on equipment
that this provision is problematic 1910.217, Mechanical power presses; 1926.451,
should be not be required until more than one year because of the possibility that some Scaffolds: General requirements; 1926.302, Power-
after the effective date of the final rule. equipment manufacturer may Continued
Associated Builders & Contractors v. procedures is an efficient and with the manufacturers recommended
Miami-Dade County, 594 F.3d 1321; appropriate means of ensuring safe procedures. Therefore, this provision is
Associated Builders & Contractors, Inc. maintenance, assembly and promulgated as proposed.
v. Brock, 862 F.2d 63, 6869 (3d Cir. disassembly, configuration, and
Paragraph (b) Unavailable Operation
1988); Towne Constr. Co. v. operation of equipment covered by this
Procedures
Occupational Safety & Health Review subpart. Therefore, OSHA is
Commn, 847 F.2d 1187, 1189 (6th Cir. incorporating manufacturers Under paragraph (b)(1) of this section,
1988) (finding the physical procedures and recommendations into in the event that the manufacturer
impossibility of requiring OSHA 1926.1417, and several other procedures for operation are
independently to set safety standards for provisions of this standard, where the unavailable, the employer will be
every industry job classification and Agency determines that it is the most required to develop procedures
industrial substance in the country effective and appropriate way to necessary for the safe operation of the
justifies reliance on the fruits of private accomplish the OSH Act goals. equipment and its attachments. The
efforts as governmental standards). Two commenters objected to OSHAs employer will also be required to ensure
The requirement in 1926.1417(a) to inclusion of manufacturer compliance with such procedures.
comply with manufacturers operating recommendations in the definition for Unavailable procedures is defined in
procedures is essentially the same as equipment criteria. (ID0205.1; 1926.1401 as procedures that are no
that imposed by former 1926.550(a)(1) 0213.1.) The commenters, however, longer available from the manufacturer,
of the prior rule. As the commenter from provide no justification for or have never been available from the
the building industry notes, former distinguishing manufacturer manufacturer. For instance, procedures
1926.550(a)(1) was upheld against a recommendations from other that are in the employers possession
challenge that requiring compliance manufacturer procedures. CDAC but are not on the job site, would not be
with manufacturers specifications and determined that manufacturer considered unavailable under
operating limitations is an illegal recommendations were an appropriate 1926.1417(b) and 1926.1441(c)(2),
delegation of authority to private means of ensuring the safe use of where the same term is used.
persons. (ID0232.1, citing Towne equipment, and OSHA agrees. An example of a situation where
Construction, 12 BNA OSHC 2185 Manufacturer recommendations, like procedures might be unavailable is old
(OSHRC 1986) affd 847 F.2d 1187 (6th procedures, specifications, prohibitions, equipment where the manufacturer is
Cir. 1988).) The Review Commission etc., instruct the user how to use the no longer in business. Even where the
and the Sixth Circuit found that the equipment safely and in a manner most original manufacturer became part of
prior rules delegation to manufacturers consistent with the equipments design. another company that is still in
was circumscribed by other regulatory Moreover, there is nothing novel in
business, in some cases the successor
requirements governing the design and OSHAs reliance on manufacturer
company no longer has the original
construction of cranes. (See, e.g., 12 recommendations. A number of OSHA
manufacturers procedures for that
BNA OSHC at 2186 noting design standards already require compliance
equipment. In such instances the
specifications in 29 CFR 1910.180(c)(1) with manufacturer recommendations.
See, e.g., 1910.134, Respirator employer will be required to develop
applied to cranes covered by former
protection; 1910.184, Slings. As noted and follow substitute procedures.
1926.550.) The final rule contains
design, construction and testing above, the former crane standard (in Paragraphs (b)(2) and (b)(3) of this
requirements that are more former 1926.550(a)) replaced by this section specify qualifications criteria for
comprehensive than those applicable final rule included a broad prohibition those who develop two aspects of the
under the prior rule. These limitations based solely on manufacturer substitute procedures. Under
on manufacturers discretion are recommendations: Attachments used 1926.1417(b)(2), procedures for the
sufficient to defeat a facial delegation with cranes shall not exceed the operational controls will have to be
challenge. 12 BNA OSHC at 2186, 847 capacity, rating, or scope recommended developed by a qualified person. As
F.2d at 1189. See also Associated by the manufacturer. Yet no court has defined in 1926.1401 of this standard,
Builders and Contractors, 2010 WL invalidated an OSHA standard requiring operational controls are levers,
276669 *3 (OSHAs adoption of compliance with manufacturer switches, pedals and other devices for
consensus specifications for safe recommendations, even though several controlling equipment operation. A
operation of cranes conforms with an containing such language have been qualified person has the requisite level
intelligible principle and is therefore challenged. The commenters offer no of expertise to develop such procedures
valid). To require OSHA to new compelling legal arguments for in light of both the complexity of the
independently determine and codify why OSHA should delete provisions factors that must be considered and the
every safety procedure for every requiring compliance with manufacturer nature of the operational controls.
configuration of every make and model recommendations, and do not identify a Under paragraph (b)(3), operational
of crane or other equipment covered by meaningful distinction between a procedures related to equipment
this standard, as well as every manufacturers recommendation, capacity would have to be developed
attachment or device that could be used procedure, instruction, or specification. and signed by a registered professional
with that equipment, would be Accordingly, OSHA is requiring engineer familiar with the equipment.
unrealistic, inefficient, and contrary to compliance with manufacturer The type and complexity of engineering
all jurisprudence on this issue. In light recommendations as proposed. analysis that is needed to develop safe
Finally, with respect to the suggestion procedures related to capacity
of CDACs recommendations to
include manufacturer procedures in to permit alternate procedures provided necessitates that this work be done by
subpart CC, and based on the record as they are consistent with a registered professional engineer (RPE).
a whole, OSHA concludes that requiring manufacturers procedures, the Agency In addition, because capacity is so
compliance with manufacturer concludes that amending this provision critical to safe operation, a signature by
in that manner would be unacceptable the RPE is needed to ensure that this
operated hand tools; and 1917.43, Powered because it would lead to uncertainty work is done with the requisite care. No
industrial trucks. over what procedures are consistent comments were submitted on this
provision; therefore, it is promulgated as claim. Based on the absence of this result, his company would need to use
proposed. support, and on the absence of other an additional person for the delivery,
comments raising a cost objection raising costs. (ID0341.)
Paragraph (c) Accessibility of Section 1926.1417(d) would not
related to this requirement, OSHA
Procedures necessarily prohibit the activity that the
concludes that the cost of obtaining and
Paragraph (c)(1) of this section maintaining manufacturers procedures witness described. If the operator uses
requires employers to provide the for equipment operations is not the remote controls to position the
operator with ready access in the cab to generally viewed as significant, articulating crane and lock it into
the procedures applicable to the especially when weighed against the position before off loading the materials,
operation of the equipment, including potential economic and human costs of and does not simultaneously operate the
the following: Rated capacities (load a crane accident. Moreover, as noted controls and offload the materials, the
charts), recommended operating speeds, below, the trend toward providing operator would not be actually engaged
special hazard warnings, and the operating manuals and procedures via in operating the crane at the same time
instructions and operators manual. digital media and over the Internet is as he is off-loading the crane. The
For the purposes of this standard, substantially lowering costs for operator would also not be considered
special hazard warnings are warnings acquiring and maintaining such to leave the equipment unattended so
of site-specific hazards (for example, information. Therefore, OSHA defers to long as the operator has immediate
proximity of power lines). This term is CDACs experience and is access to the remote controls. See
defined in 1926.1401 to differentiate promulgating this provision as discussion of 1926.1417(e) below. No
these site-specific warnings from all proposed. other comments were submitted on this
other general hazard warnings which It has become increasingly common provision; therefore it is promulgated as
are common to typical construction for equipment to be supplied by proposed.
worksites. manufacturers with load capacities in
Previously, former 1926.550(a)(2) of Paragraph (e) Leaving Equipment
electronic form. Because of the potential
subpart N required rated capacities, Unattended
for an electronic or other failure to occur
recommended operating speeds, and that would make that information Paragraph (e)(1) of this section
special hazard warnings to be posted on inaccessible, 1926.1417(c)(2) addresses specifies when the operator must be at
the equipment, and instructions and a situation in which electronic or other the controls for safety-related reasons.
warnings to be visible at the operators failure makes such information These include making necessary
station. Unlike 1926.1417(c)(1) of this unavailable. Under this paragraph, adjustments to keep the load in a safe
standard, it did not require the where load capacities are available in position, moving the load where
operators manual to be accessible to the the cab only in electronic form and a necessary for reasons of safety (such as
operator. failure makes the load capacities for the safety of employees working
OSHA concludes that the information inaccessible, this paragraph requires with or near the load), and responding
in these materials, including the that the operator immediately cease to emergencies that may arise during
operators manual, is essential for safe operations or follow safe shut-down lifting operations. Previously, under 29
crane operation. CDAC determined procedures until the load capacities CFR part 1926, subpart N, the operator
that this information is needed to help become available again (in electronic or of a crawler, locomotive, or truck crane
the operator avoid performing other form). No comments were was prohibited from leaving the controls
operations beyond a cranes capacity submitted on this provision; therefore it while a load is suspended.
and recommended operating speed, and is promulgated as proposed. In the experience of CDAC members,
by increasing operator awareness of this requirement was routinely breached
special hazards related to a specific Paragraph (d) when the load is held suspended, that
piece of equipment. In addition, CDAC This paragraph requires that operators is, without need for adjustment of the
determined that this information needs refrain from engaging in any practice loads or the equipments position for an
to be available to the equipment that would divert their attention while extended period. In such circumstances,
operator in the cab so that the operator operating the crane. This includes the the operator does not need to
can obtain the information as the need use of cell phones except when cell manipulate the controls for the period of
arises. If the information were not phones are used for signal time that the load is suspended and it
available in the cab, operations would communications. Operating a crane is a was a common practice for the operator
have to be delayed for the operator to complex task that requires an operators to leave the controls. To address this
leave the cab and obtain the information full attention to be performed safely. problem, CDAC proposed that OSHA
elsewhere (or for someone else to obtain This paragraph addresses the risk that establish criteria that allow the operator
them and bring them to the operator). an accident can occur if the operators to leave the controls when it is safe to
The prospect of such a delay would full attention is not directed toward that do so rather than to simply continue the
serve as a disincentive to obtaining the task. existing rule unchanged. (Note that the
information and increase the chance During the hearing, a witness from a suspension of working gear, such as
that operations would proceed without lumber trade association described the slings, spreader bars, ladders, and
it. practice in which the operator controls welding machines, is addressed
A building industry trade association an articulating boom crane with a separately in 1926.1417(e)(2).)
stated its belief that the cost of obtaining forklift attachment via remote controls Several commenters from the
and maintaining manufacturers and then assists with the off-loading of materials delivery industry noted that
procedures applicable to operation of the materials. (ID0341.) He expressed various types of equipment in that
the equipment would be excessive, and concern that the operators participation industry can be operated by remote
stated that OSHAs contention that such in the off-loading of the crane would control and expressed concern that
costs would be modest was not violate 1926.1417(d)s prohibition on 1926.1417(e)(1) would prohibit the use
supported by the rulemaking record. any practice that diverts his/her of those remote controls and thereby
(ID0214.1.) This commenter did not attention while actually engaged in require additional personnel to perform
provide any substantiation for this operating the crane. (ID0341.) As a the same task. (ID0184.1; 0206.1.) To
be clear, the new standard does not adjustment of position) for support for the equipment, and a precise time in
prohibit the use of remote controls. several hours while the final lieu of a period of time exceeding
During the hearing on this rulemaking, connections are made. This period normal operations, as the commenter
a witness from a lumber trade exceeds normal lifting operations. In suggests, would not be practical in light
association testified that the use of this example, the criterion of of the numerous variables that affect
portable radio remote controls is 1926.1417(e)(1)(ii) would be met. these distances and times on
common, and provided examples of Another, contrasting example is the construction sites. OSHA also rejects the
operators with their remotes strapped following: A steel structure is being commenters suggestion that the
around their waists or their shoulders. erected. When installing the steel previous prohibition be retained if it is
(ID0341; 0345.13.) He explained that beams, the operator holds the beam not possible to use more precise
the operator is physically located at the suspended (typically for several language. OSHA concludes that this is
same location as the remote control and minutes) while it is initially connected. an area where employers can be
is therefore able to perform controlled Holding the beam suspended in such afforded flexibility without detracting
operations as quickly as an operator instances is a normal part of the steel from safety, and that the limited
who is seated at the top seat controls erection process. In this example the conditions under which it is permissible
and can also be positioned to ensure criterion in 1926.1417(e)(1)(ii) would to leave a suspended load unattended
that theres no obstructed view. (ID not be met and the operator cannot will accomplish this objective.
0341.) Such use would not be leave the controls. Regarding the third point, the answer
prohibited. Where an operator takes the Paragraph (e)(1)(iii) requires the is yes, an equipment operator can be
remote controls out of the cab, keeps the competent person to determine that it is a competent person for purposes of
controls within reach in the same safe for the operator to leave the this section if he or she meets the
manner as if in the cab, and is able to controls and implement measures requirements of the 1926.1401
use the remote controls to control the necessary to restrain the boom hoist and definition of that term. Finally, where
equipment as effectively as if in the cab, telescoping, load, swing, and outrigger conditions in a construction site exist
the operator has not left the controls functions. This provision addresses the that prevent erection of barriers or
within the meaning of 1926.1417(e). hazard of inadvertent movement while caution lines as prescribed by this
Therefore, the operator is not subject to the controls are unattended. section, 1926.1417(e) prohibits
the conditions of 1926.1417(e)(1)(i) Paragraph (e)(1)(iv) requires employers from using this exception to
through (iv). barricades or caution lines, and notices the general prohibition of leaving
Section 1926.1417(e) requires that the to be erected to prevent all employees suspended loads unattended.
operator not leave the controls while the from entering the fall zone. Proposed paragraph (e)(2) stated that
load is suspended except when four Furthermore, under this paragraph no the provisions in paragraph (e) do not
conditions, outlined in employees would be permitted in the apply to working gear, which includes
1926.1417(e)(1)(i) through (e)(1)(iv), fall zone, including those listed in slings, spreader bars, ladders, and
are met. OSHA has revised the 1926.1425(b)(1) through (3), (d), or welding machines, where the load is not
introductory text to make it clear that (e). This is necessary because the added suspended over an entrance or exit.
each one of the conditions in margin of safety that results from the The Agency noted in the proposal that
1926.1417(e)(1)(i) through (e)(1)(iv) operator being at the controls would not the reference to paragraph (e) was a
must be met for the operator to leave the be present in these circumstances. drafting error and that the appropriate
controls. A labor representative recommended reference was to paragraph (e)(1). In
Paragraph (e)(1)(i) requires the retention of the previous prohibition of addition, the provision as proposed
operator to remain adjacent to the leaving any unattended loads contained two incidences of the word
equipment and not engage in any other suspended because it believed that the not which could lead to confusion.
duties. This paragraph will not only four conditions for the exemption were Therefore, the Agency noted in the
prevent unauthorized use of the crane unclear and unenforceable. (ID0199.1.) proposal that it was considering
by persons who are not competent crane Specifically, the commenter stated that changing the language to state that the
operators but also allow the operator to (1) The term adjacent to the provisions in 1926.1417(e)(1) do not
quickly access the controls in case the equipment needed to be further apply to working gear where the
equipment or load inadvertently moves. explained or quantified; (2) further working gear is suspended over an area
Paragraph (e)(1)(ii) requires the load guidance was needed to explain the other than an entrance or exit.
to be held suspended for a period of meaning of the phrase a period of time In the proposed rule, OSHA noted
time exceeding normal lifting exceeding normal operations; (3) the that it was common practice for
operations. As explained above, these Agency needs to clarify that the employers to leave lightweight items
are instances when the load is held equipment operator can be the suspended overnight to prevent theft
suspended, that is, without need for competent person referred to in this and stated that this provision was only
adjustment of the loads or the section; and (4) the proposed intended to apply to working gear
equipments positionfor an extended requirement to erect barriers or caution whose weight was negligible relative to
period. These are circumstances in lines to prevent employees from the capacity of the equipment. Four
which the operator will not need to entering fall zones are infeasible in commenters believed that the proposed
manipulate the controls. Such many construction zones. wording of 1926.1417(e)(2) was overly
circumstances must be for a period of Regarding the commenters first two broad to accomplish this purpose
points, in light of the extreme variability because it did not limit the weight of the
time in excess of the periods that occur

during normal lifting operations. of equipment types, loads lifted, and suspended working gear relative to the
For example, during the construction construction site conditions, OSHA capacity of the equipment and could
of a structure, a large subassembly is determines it is not possible to use more therefore allow a load that placed a
being attached to another part of the precise language without making the significant strain on the equipment to be
structure. After the subassembly has rule underinclusive and/or suspended overnight. (ID0122.1;
been initially connected, it is held overinclusive. Specifying a precise 0172.1; 0178.1; 0199.1.) OSHA
suspended (that is, without need for distance in lieu of saying adjacent to agrees with these commenters that this
provision should be clarified and, in the 3.1.3g of ANSI B30.51968, which requirement would provide superior
final rule, has made explicit what was states: If there is a warning sign on the protection to the proposed tag-out
stated in the preamble to the proposed switch or engine starting controls, the proposal, but that locking out was not
rule: that the provision only applies operator shall not close the switch or feasible on some equipment, especially
where the weight of the working gear is start the engine until the warning sign older equipment. (ID0187.1.) That
negligible relative to the lifting capacity has been removed by the person placing commenter recommended that the
of the equipment. it there. Instead of requiring that the requirement be upgraded to a lock-out
sign be removed by the person who requirement where feasible, but remain
Paragraph (f) Tag-Out placed it, 1926.1417(f)(2) permits it to a tag out procedure where lock out was
Paragraph (f)(1) Tagging Out of Service be removed by an authorized person not feasible. Upon consideration of all
Equipment/Functions and, as an alternative, permits the these comments, OSHA concludes that
Where the employer has taken the operator to start the equipment after the record does not clearly indicate that
equipment out of service, this paragraph verifying that no worker is in a adding a lock-out requirement as
requires that the employer place a tag in dangerous area and that the equipment suggested by the last two commenters is
the cab stating that the equipment is out has been repaired and is working needed to ensure safety and, as the one
properly. OSHA concludes that either commenter noted, would not be feasible
of service and is not to be used. Where
alternative would achieve the safety on all equipment. Instead, the Agency
the equipment remains in service but
purpose of the tag-out because it would concludes that the tag-out requirement
the employer has taken a function out
ensure that a knowledgeable and in the proposed rule contains clear and
of service, this paragraph requires that
responsible person, either the operator concise restrictions on the conditions
the employer place a tag in a
or another authorized person, verifies under which equipment can be brought
conspicuous position stating that that
that repairs are complete and all back into service and will ensure that
function is out of service and is not to
workers are in a safe position before the equipment is not started when
be used. This paragraph is designed to
equipment can be started. employees are in a danger zone.
prevent hazards associated with workers As discussed above, the operator will Therefore, this section is promulgated as
inadvertently attempting to use out-of- be permitted to start equipment that is proposed.
service equipment or a function that is tagged out, or activate a tagged-out
out of service. switch, only if the procedures specified Paragraph (g)
Paragraph (f)(2) Response to Do Not in 1926.1417(f)(2)(i) are met. In This paragraph requires the operator
Operate/Tag-Out Signs reviewing this provision during the to verify, before starting the engine, that
proposal stage, the Agency noted that all controls are in the proper starting
If there is a warning sign on the these procedures were not as position and that all personnel are in
equipment or starting control, paragraph comprehensive as those in the general the clear. Requiring operators to check
(f)(2)(i) of this section prohibits the industry standard for the control of that all controls are in their proper
operator from activating the switch or hazardous energy (lockout/tagout), starting positions will prevent
starting the equipment until the sign is which are listed in 1910.147(e)(3)(i) unintended movement of the equipment
removed by someone authorized to through (iii).84 The Agency requested when the engine is initially started.
remove it or until the operator can public comment on whether procedures Similarly, requiring operators to ensure
verify that (A) no one is servicing, similar to those in 1910.147(e)(3)(i) that all personnel are in the clear will
working on, or otherwise in a dangerous through (iii) 85 would be feasible and prevent personnel from being injured in
position on the machine, and (B) the appropriate for cranes/derricks used in the event that some aspect of the
equipment has been repaired and is construction. equipment moves upon start-up. No
working properly. Similarly, under Two commenters opposed broadening comments were submitted on this
1926.1417(f)(2)(ii), when there is a the requirements along the lines of the paragraph; therefore it is promulgated as
warning sign on any other switch or requirements in 1910.147(e)(3)(i) proposed.
control, the operator will be prohibited through (iii), stating that the general
from activating that switch or control Paragraph (h) Storm Warning
industry standards were not appropriate
until the sign has been removed by an for cranes and derricks used in When a local storm warning has been
individual authorized to remove it, or construction. (ID0205.1; 0213.1.) A issued, this paragraph requires the
until the operator meets the two third commenter believed that the competent person to determine whether
requirements of 1926.1417(f)(2)(i), 1910.147(e)(3) procedures were it is necessary to implement
described above. feasible and appropriate. (ID0144.1.) A manufacturer recommendations for
These provisions will prevent two fourth commenter recommended that securing the equipment. This provision
types of hazards. First, since the the tag-out requirements be upgraded to was designed to prevent hazards that
machine is out of service, there is a risk a lock-out requirement to provide could arise from severe weather
that an employee servicing, working on, greater worker protection. (ID0199.1.) including inadvertent movement and
or otherwise in a dangerous position on A fifth commenter agreed that a lock-out crane collapse. High-speed winds in
it is not expecting it to be activated and particular can affect both the crane and
would be injured if it were activated. 84 Section 1910.147 is not applicable to the load, reducing the rated capacity of
Second, if an employee does not know construction (see 1910.147(a)(ii)(A)). the crane and affecting boom strength.
85 These general industry provisions state:
that the equipment is malfunctioning or No comments were submitted on this
(i) Verification by the employer that the paragraph; therefore it is promulgated as
has a function that is not working
authorized employee who applied the device is not

properly, an employee could at the factory; proposed.
inadvertently try to operate it with the (ii) Making all reasonable efforts to contact the Paragraph (i) [Reserved.]
result that the equipment will not work authorized employee to inform him/her that his/her
as intended, causing unintended lockout or tagout device has been removed; and Paragraph (j)
(iii) Ensuring that the authorized employee has
movement or a collapse. this knowledge before he/she resumes work at that Under paragraph (j)(1) of this section,
Subpart N of the former rule facility. when the operator determines that an
addressed this issue through sec. 5 Section 1910.147(e)(3)(i) through (iii). adjustment/repair is necessary, the
operator is required to promptly inform, any employees exposed to equipment- load capacity, stabilizing the equipment,
in writing, the individual designated by related hazards; such employees or even postponing a lift. Wind can
the employer to receive such include, but are not limited to, any reduce capacity by imposing loads on
information, as well as the next operator employee in the fall zone of the load, the equipment, which can also reduce
in cases where there are successive signal persons, riggers, operators, load stability. Ice and snow can also reduce
shifts. OSHA revised the organization of handlers, and lift directors. OSHA capacity and stability when it
the proposed provision for clarity. This concludes that this provision is accumulates on the equipment. There
reorganization involved removing the necessary to allow employees to adjust are numerous variables involved in
introductory sentence that operators be their work practices following determining the effects of wind, ice and
familiar with the equipment and its implementation of the alternative snow in any particular circumstance,
proper operation because this sentence measures. (for example, the extent to which the
merely described an enabling condition The Agency finds this modification to crane is operating below its rated
necessary for operators to identify any be consistent with the requirements capacity, the sail effect presented by the
necessary repairs and adjustments. throughout this subpart with respect to load, the rate at which ice or snow is
This paragraph addresses the need to sharing information about equipment- accumulating, and whether the snow is
identify problems that may develop related hazards. This added provision wet or light). No comments were
with the equipment during operations. merely requires employers to take the submitted on this paragraph; therefore it
Early recognition of such problems by information acquired under is promulgated as proposed with the
the operator will help prevent accidents 1926.1417(j)(1) and distribute it to one change noted above.
that could result from continued affected employees. Employers may
operation of equipment that needs distribute this information by any Paragraph (o) Compliance With Rated
adjustment and/or repair. In the effective means available. Capacity
Committees experience, operators who Section 1926.1417(o)(1) requires
Paragraph (k) employers to ensure that equipment is
are familiar with the equipment and its
proper operation can recognize such This paragraph prohibits safety not operated beyond its rated capacity.
equipment anomalies and problems. By devices and operational aids from being Overloading a crane or derrick can
requiring that information about needed used as a substitute for the exercise of cause it to collapse, with potentially
adjustments and/or repairs be provided professional judgment by the operator. catastrophic consequences. This basic
to the individual designated by the Such devices and aids do not displace safeguard has long been recognized in
employer to receive it, this paragraph the need for operators to apply their the industry as crucial and is designed
will facilitate the correction of those professional judgment because the to prevent such accidents. (See
problems. devices and aids can malfunction and additional discussion at 73 FR 59792,
The rule does not specify any lead to the types of safety hazards they Oct. 9, 2008).
particular job title for the person to are designed to prevent. No comments Section 1926.1417(o)(2) requires
whom the operator would be required to were submitted on this paragraph; employers to ensure that operators are
provide this information because therefore it is promulgated as proposed. not required to operate the equipment in
different employers may assign the a manner that would exceed its rated
Paragraph (l) [Reserved.]
responsibility of receiving such capacity, in violation of
information to different job Paragraph (m) 1926.1417(o)(1) above. This provision
classifications. If the competent person determines reinforces the general prohibition of
Providing this information to the next that there is a slack rope condition 1926.1417(o)(1) by making it a
operator in cases where there are requiring re-spooling of the rope, this separate violation for an employer to
successive shifts (that is, shifts that have paragraph requires that before starting expressly require an operator to exceed
no break between them) will ensure that the lift, it must be verified that the rope the equipments rated capacity. It is
the next operator is aware of this is seated on the drum and in the sheaves designed to avoid a situation where an
information and will be able to take as the slack is removed. This will employer pressures an operator to
appropriate action. prevent a loose coil of rope from conduct a lift that exceeds the
One commenter recommended that becoming cross-coiled on the drum, a equipments rated capacity to avoid the
the information be transmitted in portion of the rope coming off the drum time and expense associated with
written form. (ID0132.1.) OSHA agrees altogether, or the rope being pulled bringing in larger capacity equipment.86
with this comment primarily because alongside (instead of seating in) a In the experience of CDAC members,
written information would be more sheave. Each of these conditions can employers sometimes will attempt to lift
easily passed on between shifts. OSHA lead to sudden failure of the rope. No loads that exceed a cranes rated
has, therefore, revised 1926.1417(j) to comments were submitted on this capacity in the belief that the rated
specify that the notification of necessary paragraph; therefore it is promulgated as capacity is sufficiently conservative to
adjustments or repairs must be in proposed. perform the lift. In some such cases, the
writing. employer assumes that a safety factor is
Additionally, OSHA added Paragraph (n) built into the capacity rating and that
1926.1417(j)(2) to require employers to This paragraph requires the the crane actually has a higher capacity
notify, at the beginning of each shift, all competent person to adjust the than its rating. In the CDAC
affected employees of any necessary equipment and/or operations to address discussions of this issue, members
adjustments or repairs. This the hazards posed by wind, ice and
explained that while equipment

requirement will allow all employees snow on equipment capacity and capacity ratings are developed with
affected by the operation of the stability. In the proposed rule, the
equipment to be notified of any person would have been required to 86 In some instances the overcapacity problem can
outstanding repairs or adjustments, and consider the effect of those elements, be avoided by repositioning the crane (for example,
by moving the crane so that the lift can be
provides them with information about but OSHA is clarifying in the final rule performed at a higher boom angle). However, even
alternative measures implemented by that the competent person must actually in those instances some time (and associated
the employer. Affected employees are take steps such as re-calculating a lower expense) is involved.
consideration of a safety factor, that An example of a calculation method the maximum rated capacity, the lift can
safety factor is not intended by the recognized by the industry would be the be conducted without determining the
manufacturer to be treated as excess following: The load is a steel I-beam. weight of the load. This verification
capacity. There are numerous, complex After measuring the thickness of the procedure 87 incorporates a sufficient
considerations used by manufacturers in steel and the I-beams other dimensions, margin of error and would be adequate
setting the capacity rating. Employers the operator uses an industry table that to ensure that the cranes rated capacity
cannot safely assume that, in any shows weight per linear foot for a beam will not be exceeded. If, however, the
particular situation, they will not need of these dimensions. The operator then load does exceed 75 percent of the
the benefits conferred by the safety calculates the beams weight using that maximum rated capacity, then the
factor. information. In the proposed rule operator may not proceed with the lift
There continue to be a significant calculations would be based on a until he/she verifies the weight of the
number of injuries and fatalities reliable source. To avoid the load in accordance with
resulting from equipment overturning. potentially subjective interpretations of 1926.1417(o)(3)(i). No comments were
Although it has long been a requirement reliable, OSHA is instead requiring in received on this paragraph, and it is
not to exceed the equipments rated the final rule that the calculations be promulgated without change from the
capacity, a significant number of based on a source typically relied on in proposed rule.
overturning incidents are caused by the industry.
If the weight of the load is determined Paragraph (p)
exceeding rated capacity. A study of
fatal accidents involving cranes in the under 1926.1417(o)(3)(i), the This paragraph requires that the boom
U.S. construction industry for 1984 information about how the load weight or other parts of the equipment not
1994, based on investigations of was determined must be provided to the contact any obstruction. No comments
reported accidents conducted by OSHA operator, prior to the lift, upon the were submitted on this paragraph, and
and states with OSHA-approved safety operators request. This provision is it is promulgated as proposed.
and health programs, showed that 22 included to help ensure that the
operator has the information necessary Paragraph (q)
deaths resulted from overloaded cranes.
A. Suruda, M. Egger, & D. Liu, Crane- to verify that the load is within the rated This paragraph requires that the
Related Deaths in the U.S. Construction capacity of the equipment. equipment not be used to drag or pull
One commenter suggested that this loads sideways. This is to prevent the
Industry, 198494, p. 12, Table 9, The
section be amended to specifically sideloading that occurs when a load is
Center to Protect Workers Rights (Oct.
include as a reliable source the personal dragged or pulled sideways. Sideloading
1997). (ID-0013.) By stressing the need
experience of the operator with loads of can buckle the boom, damage the swing
both to comply with the rated capacity
similar size and materials. (ID-0232.1.) mechanism, or overturn the crane (such
and to separately preclude employers
OSHA rejects that suggestion because it as when the boom is at a high angle). No
from requiring operators to exceed the
is not convinced by any evidence in the comments were submitted on this
rated capacity, paragraphs (o)(1) and record that all operators, regardless of
(o)(2) should prevent this type of paragraph, and it is promulgated as
whether the operator is experienced or proposed.
accident. No comments were received has been on the job for a few weeks, are
on these paragraphs, and they are capable of producing an accurate, Paragraph (r)
promulgated as proposed. reliable estimate of the load weights. For
Another cause of injuries and Paragraph (r) of this section applies to
example, an operator may have recently wheel-mounted equipment and requires
fatalities from overturning equipment is lifted precast concrete sections that,
the use of unreliable information on that no loads be lifted over the front
based on date provided by the area, except as permitted by the
load weight. OSHA concludes that one manufacturer, weighed 5 tons each. The
of the ways these incidents can be manufacturer. Wheel-mounted
operator may be called upon to lift other equipment typically is not designed to
reduced is to require that load weight be precast concrete sections of unknown
verified by a reliable means. lift loads over the front area. Equipment
weight that are actually 10% heavier that is not so designed will likely tip
Under 1926.1417(o)(3), Load weight, than those lifted earlier. It is unlikely over or otherwise fail when lifting loads
the operator is required to verify that the that the heavier sections would be over the front area. If the equipment is
load is within the rated capacity of the significantly different in appearance specifically designed for loads to be
equipment by using the procedures in than those that weigh 10% less, and the lifted over the front area (such as where
either 1926.1417(o)(3)(i) or (ii). Under operator may mistakenly underestimate equipped with a front outrigger for
1926.1417(o)(3)(i), the weight of the the weight of the sections if permitted support and stabilization for this
load must be determined in one of three to estimate load weight based on his or purpose), the operator must follow the
ways: from a source recognized by the her personal experience with loads of
industry, by a calculation method similar size. 87 The operator would still be required to use his
recognized by the industry, or by other Paragraph (o)(3)(ii) establishes an or her professional judgment in determining
equally reliable means. An example of alternative procedure that does not whether the load exceeds the capacity of the
verifying the load weight from a source require the employer to determine the equipment. As discussed above, proposed
1926.1417 (k) would prohibit sole reliance by the
recognized by the industry would be actual weight of the load under certain operator on an operational aid, such as a load
where the load is mechanical equipment circumstances. Under paragraph weight device, for ensuring that the equipments
and the weight is obtained from its (o)(3)(ii), the operator would have to capacity will not be exceeded. The procedure in
manufacturer. The proposed rule had begin hoisting the load to determine if proposed 1926.1417(o)(3)(ii) is a verification
procedureit would verify that the operators

provided for the weight of the load to it exceeds 75 percent of the maximum estimate is at least correct in terms of not exceeding
be based on a reliable source. To avoid rated capacity at the longest radius that 75% of the equipments rated capacity (at the
the potentially subjective interpretations will be used during the lift operation, longest radius that will be used). If, for example, the
of reliable, OSHA is instead requiring using a load weighing device, load load weight device yields a figure that is
significantly below what the operator estimates to
in the final rule that the measurements moment indicator, rated capacity be the true weight, the operator would need to
be from a source typically relied on in indicator, or rated capacity limiter. If reliably determine the weight of the load before
the industry. the load does not exceed 75 percent of proceeding with the lift.
manufacturers procedures for doing so. recommended that where the it is imperative that the operator
No comments were submitted on this manufacturer has prohibited traveling respond immediately to any such signal
paragraph; it is therefore promulgated as with the load, the operator must comply by anyone. No comments were
proposed. with such a determination to ensure submitted on this paragraph; it is
safety. (For additional explanation, see promulgated as proposed.
Paragraph (s)
73 FR 59794, Oct. 9, 2008.) No
Each time an operator handles a load comments were submitted on these Paragraph (z) Swinging Locomotive
that is 90% or more of the maximum provisions and they are promulgated as Cranes
line pull, 1926.1417(s) requires the proposed. Pursuant to this paragraph, a
operator to test the brakes by lifting the
Paragraph (v) locomotive crane must not be swung
load a few inches and applying the
into a position where railway cars on an
brakes. In duty cycle and repetitive lifts This paragraph requires that
where each lift is 90% or more of the adjacent track could strike it, until it is
rotational speed of the equipment be
maximum line pull, this requirement determined that cars are not being
such that the load does not swing out
applies to the first but not to successive moved on the adjacent track and that
beyond the radius at which it can be
lifts, because the operator would have proper flag protection has been
controlled. Like paragraph (q) of this
already determined from the initial test established. The Agency is including
section, discussed above, this provision
that the brakes are sufficient. The brake this paragraph to prevent contact
is designed to prevent the hazard of
test required by this paragraph is between the locomotive cranes and
sideloading, which occurs when the
designed to ensure that the brakes are railway cars, and notes comparable
load swings to either side of the boom
sufficient to handle loads close to their requirements in 1910.180(i)(6) and sec.
tip, rather than its appropriate position
design capacity before lifting the load 53.4.4 of ANSI B30.51968. No
directly beneath the boom tip. When the
high off the ground. No comments were comments were submitted on this
load is not directly under the boom tip,
submitted on this paragraph, and it is paragraph, and it is promulgated with
sideloading occurs and decreases
promulgated as proposed. only one modification. The proposed
capacity. This hazard can lead to tip-
rule incorporated an additional
Paragraph (t) over or boom failure. No comments
determination of whether it would be
were submitted on this paragraph, and
This paragraph requires that neither reasonably foreseeable that other
it is promulgated as proposed.
the load nor the boom be lowered below railway cars on an adjacent track could
the point where less than two full wraps Paragraph (w) strike the locomotive crane. OSHA
of rope remain on their respective This paragraph requires that a tag or concludes that when a locomotive crane
drums. This provision is designed to restraint line be used if necessary to swings into a position where it is
ensure that the rope is not unspooled to prevent the load from rotating if that physically possible for a railway car on
the point where the rope would become would be hazardous. No comments were an adjacent track to strike it, a hazard is
disconnected from the drum. No submitted on this paragraph, and it is present and the additional language
comments were submitted on this promulgated as proposed. would serve only to generate confusion
provision, and it is promulgated as about the appropriate response to that
proposed. Paragraph (x) hazard. The concepts of reasonableness
This paragraph requires that the and forseeability are typically raised
Paragraph (u) Traveling With a Load brakes be adjusted in accordance with during legal processes and would be
Paragraph (u)(1) of this section manufacturer procedures to prevent factored into those processes in
prohibits traveling with a load if the unintended movement. This accordance with law.
practice is prohibited by the requirement applies to all brakes on Paragraph (aa) Counterweight/Ballast
manufacturer. If the manufacturer does equipment covered by this standard,
not prohibit this practice, the equipment including brakes used to control the Section 1926.1417(aa)(1) contains
may travel with a load, but only if the lowering of the load and those used to counterweight/ballast requirements that
requirements of paragraph (u)(2) are stop the equipment while it is traveling. apply to equipment other than tower
met. Paragraph (u)(2) of this section sets CDAC noted that improper adjustment cranes and are intended to prevent
forth three procedures that employers can cause a delay in the onset of braking unintended movement, tipover, and
would have to follow when traveling after the operator attempts to activate collapse. As noted in 1926.1417(aa)(2),
with a load: a competent person must the brake and can also diminish the requirements regarding counterweight/
supervise the operation; the brakes capacity. Brakes are critical to ballast for tower cranes are found in
determinations of the competent person the safe operation of the equipment and 1926.1435(b)(8).
must be implemented; and for must be properly adjusted to serve their
equipment with tires, the tire pressure Section 1926.1417(aa)(1)(i) requires
safety function. (See additional
specified by the manufacturer must be that equipment not be operated without
explanation at 73 FR 59795, Oct. 9,
maintained. the counterweight or ballast in place as
2008.) No comments were submitted on
During discussions of this issue, C specified by the manufacturer.
this paragraph; it is promulgated as
DAC members noted the dynamic proposed. Section 1926.1417(aa)(1)(ii) prohibits
effects of traveling with a load impose the employer from exceeding the
additional and/or increased forces on Paragraph (y) maximum counterweight or ballast
crane components. Unless the crane has This paragraph requires that the specified by the manufacturer for the
been designed to handle these types of operator obey a stop or emergency stop equipment. Exceeding that maximum
forces and force levels, they can cause signal, regardless of who gives the could result in component failure,
component failure, collapse, instability signal. Any person on a worksite may which could cause unintended
or overturning. The Committee observe a hazardous condition that is movement, tipover or collapse. No
concluded that the manufacturer has the not visible to or recognized by the crane comments were submitted on this
expertise to ascertain its equipments operator and that can only be avoided provision, and it is promulgated as
capabilities. Therefore, the Committee if the equipment stops immediately, so proposed.
Section 1926.1418 Authority To Stop support of its position, the commenter CDAC thoroughly discussed the
Operation cited the U.S. Supreme Court opinions wording of this provision, mindful of
This section provides that whenever in Industrial Union Dept, AFLCIO v. the need for both clarity and sufficient
there is a concern as to safety, the American Petroleum Institute 90 and flexibility to enable the operator to
operator has the authority to stop and Whirlpool Corp. v. Marshall 91. address myriad circumstances. The
refuse to handle loads until a qualified OSHA disagrees with the Committees wording strikes an
person has determined that safety has commenters contention that OSHA appropriate balance. The word
been assured. Section 1926.1401 defines lacks the authority to promulgate concern refers to a good faith belief
qualified person as a person who, by 1926.1418. Under sec. 3(8) of the OSH that safety may be in jeopardy. The
possession of a recognized degree, Act and applicable case law,92 the word assured means that the qualified
certificate, or professional standing, or Agency has broad authority to person has assessed whatever triggered
who by extensive knowledge, training promulgate standards that are the crane operators belief that there was
and experience, successfully reasonably necessary or appropriate to a concern as to safety and either: (1)
demonstrated the ability to solve/ provide safe or healthful places of Determines that there is not, in fact, a
resolve problems relating to the subject employment. In Whirlpool Corp., the safety hazard, or (2) after corrective
matter, the work, or the project. U.S. Supreme Court stated that the Act action is taken, determines that there is
Section 1926.1418 continues the long- does not wait for an employee to die or no longer a safety hazard.
standing requirements under subpart N become injured. 93 Section 1926.1418 is OSHA disagrees with the
and current consensus standards. (See an essential mechanism for preventing commenters suggestion to link the
former 1926.550(b)(2), incorporating fatalities and injuries. It enables the authority to a violation of subpart CC.
by reference ANSI B30.51968, sec. 5 person who has the expertise to While CDAC and the Agency have
3.1.3(d).88) As discussed in the recognize a safety concern and is best made every effort to address the hazards
proposed rule preamble, a capable positioned to act quickly to do so where associated with crane and derrick
equipment operator is highly such a concern arises.94 operation, there may be circumstances
knowledgeable in matters affecting OSHA also disagrees with the that present hazards that have not been
equipment safety and is well qualified commenters contention that anticipated here.
to determine whether an operation 1926.1418 impermissibly grants stop- In addition, a particular situation may
presents a safety concern (see 73 FR work authority, as well as a different not be immediately recognized as falling
5979559796, Oct. 9, 2008). Under the commenter who asserted that the within one of subpart CCs provisions.
provision, operations would be wording of the provision is too vague An operators uncertainty in that regard
prohibited from resuming until a and could lead to an abuse of the could lead him/her to hesitate to
qualified person had determined that operators authority. Both commenters exercise the authority even where it
safety has been assured, meaning that suggested that OSHA limit the needs to be applied. Also, the
operations could resume only after the operators authority to specific reasons determination by a qualified person to
qualified person either: (1) assesses the involving a potential violation of a proceed with operations needs to be
factors that led the operator to stop and requirement in subpart CC. (ID0218.1; based on whether safety is assured, not
refuse to handle the load and 0232.1.) on the resolution of a debate about
determines that there is not, in fact, a The provision does not authorize an whether the operators concern fits
safety hazard, or (2) after corrective operator to stop operations for reasons within a provision of this standard.
action has been taken, determines that unrelated to a good faith belief that Another commenter expressed the
there is no longer a safety hazard. there may be a safety problem. In this following concerns: qualified person
One commenter argued that OSHA respect the provision is similar to other should be better defined; the qualified
lacks the authority to promulgate provisions in the standard (and person would feel undue pressure from
1926.1418.89 (ID0232.1.) First, the elsewhere in 29 CFR part 1926) in the controlling entity or crane employer
commenter contended that the which an employer is required to have to find that safety had been assured, and
provision exceeds the Agencys a person in a specialized role perform that the qualified persons scope of
standards-setting authority under sec. specific tasks involving the application responsibility once operations resume is
3(8) of the OSH Act. Second, it of expertise (e.g., competent and unclear. (ID0218.1.)
expresses concern that 1926.1418 qualified persons performing As explained in the preamble to the
circumvents the limitations on OSHAs inspections under 1926.1412). In each proposed rule, the definition of
ability to grant employees (i.e., crane case compliance with the standard is qualified person in 1926.1401
operators) stop-work authority. In predicated on the good faith application corresponds to the definition of
of that expertise.95 qualified in 1926.32(m) and reflects
88 Current consensus standards specify that an
operator with a safety concern must raise that 90 448

the fact that the duties assigned to
U.S. 607 (1980).
concern with a supervisor before proceeding with 91 445
qualified persons here are similar to
a lift. See sec. 53.1.3(d) of ASME B30.52004, U.S. 1 (1980).
92 E.g., Indus. Union Dept, AFLCIO, 448 U.S. at those assigned under other construction
Mobile and Locomotive Cranes, sec. 23.1.7 of
ASME B30.22001, Overhead and Gantry Cranes, 61112. standards. The Committee intentionally
sec. 33.1.3(d) of ASME B30.31996, Construction 93 445 U.S. at 12. used the same definition to make it clear
Tower Cranes, sec. 63.2.3 of ASME B30.62003, 94 As stated above, current consensus standards that employers could rely on their
Derricks, and other standards in the ASME B30 manifest the industrys recognition of the necessity current understanding of qualified
series. for a crane operator to have such authority. In
89 The commenter nominated a CDAC member concert with 1926.1400(f), 1926.1418 requires
person. OSHA sees no reason to deviate
who did not dissent on this section of the standard. the employer to authorize its crane operator to halt from that definition where the
The commenter has not explained why it has operations upon a safety concern until a qualified commenter did not explain how it
changed its position from the one taken by their C person determines that safety has been assured. viewed the definition as vague or
DAC member during negotiations. In light of the 95 Two organizations that nominated CDAC
provide alternative language.
unexplained inconsistency of its position, the members reminded the Agency in their comments
Agency accords diminished weight to the that OSHA had committed during the CDAC
commenters comment and is hesitant to rely on it negotiations to include a discussion in the preamble 213.1.) The Agency believes that the foregoing
to undermine the product of the negotiation. regarding this principle of good faith. (ID0205.1; paragraph satisfies that agreement.
With respect to the issue of undue When the point of operation, meaning video cameras for blind lifts. (ID
pressure on the qualified person, C the load travel path or the area near or 0120.0.)
DAC shared the commenters concern; at load placement, is not in full view of A live video system that provides a
the Committee identified pressure the operator ( 1926.1419(a)(1)); (2) full view to the crane operatori.e.,
placed by some employers on operators when the equipment is traveling and the provides a sufficiently broad, clear and
to proceed with unsafe lifts as a operators view in the direction of travel detailed view to enable the operator to
significant problem in the industry. This is obstructed ( 1926.1419(a)(2)); and (3) see all that is needed to operate the
led CDAC, for example, to include the when, due to site specific safety equipment safelywould meet the full
specific prohibition in 1926.1417(o)(2) concerns, either the operator or the view of the operator requirement.
against requiring an operator to operate person handling the load determines it Mirrors, on the other hand, typically
the equipment in excess of its rated is necessary ( 1926.1419(a)(3)). The distort images or distances and thus
capacity (see the discussion of first two of these circumstances involve would not normally be sufficient to
1926.1417(o)(2) in 73 FR 59792 an obvious hazardlimited operator provide a full view.
59793, Oct. 9, 2008). The commenter visibility. With respect to the third The sufficiency of any system will
did not suggest, and OSHA is not aware circumstance, CDAC determined that depend on the particular needs posed
of, any additional measures that could other situations arise that, from a safety by each situation. For this reason,
be included in the standard to help standpoint, necessitate the use of a OSHA has decided to rely on CDACs
prevent the application of that type of signal person (see examples in the clear and succinct phrase, full view of
pressure. preamble to the proposed rule at 73 FR the operator, rather than to attempt to
As to the commenters final point, 59796, Oct. 9, 2008). further define that concept or to list
after a crane operator stops and refuses One commenter, representing the acceptable devices in the regulatory
to proceed with operations due to a interests of the material delivery text.
concern as to safety, the qualified industry, suggested that 1926.1419(a) Paragraph (b) Types of Signals
person would then assess the situation be changed to specify that, if a signal
and determine whether or when safety As explained in the proposed rule
person is needed at the site due to the preamble, under paragraph (b) of this
has been assured. At that point, the obstructed view of the operator when
qualified persons responsibilities under section, signals to crane operators
delivering building materials, then the would have to be by hand, voice,
1926.1418 would be completed unless construction site customer (not the
and until the crane operator identifies audible, or new signals (see 73 FR
material delivery employer) would be 5979659797, Oct. 9, 2008). As used in
another concern as to safety. The responsible for providing the signal
Agency, therefore, is promulgating this this standard, these terms refer to the
person. (ID0184.1.) OSHA concludes type of signal, not the means by which
provision as proposed. that the question of whether the the signal is transmitted. For example,
Sections 1926.1419 Through 1926.1422 material delivery employer or the signaling by voice refers to oral
Signals construction site customer should bear communication, not whether the oral
the cost of providing the signal person communication is done with or without
Sections 1926.1419 through when required is an economic issue that
1926.1422 address the circumstances amplification or with or without
is most appropriately left to the parties electronic transmission. The manner of
under which a signal person must be to resolve.
provided, the type of signals to be used, transmission of the signal is addressed
During the public hearing, a labor separately. No comments were received
criteria for how signals are transmitted, representative stated that his
and other criteria associated with the on this paragraph; it is promulgated as
organization believes that a signal proposed.
use of signals. person is always necessary when
OSHA has decided to replace the term The criteria for the use of these signal
working with cranes. (ID0343.) Two types are set out in 1926.1419(c)(m)
lift supervisor with the term lift
commenters representing the materials (additional voice signal requirements
director in 1926.1419(c)(2),
delivery industry disagreed (ID0184.1; are in 1926.1421, Signalsvoice
1926.1421(a), and 1926.1421(c). This
0218.1.) signalsadditional requirements). The
decision was made to be consistent with
OSHA has decided to defer to the Committees intent was to reduce the
the similar change from A/D
expertise of the Committee, which potential for miscommunication, which
supervisor to A/D director in
found that a signal person should only can lead to injuries and fatalities,
1926.1404(a). For an explanation of
be required in the three circumstances particularly from struck-by and
the change, see the discussion of
listed in 1926.1419(a). Moreover, crushed-by incidents. In setting
1926.1404(a).
OSHA notes the requirement in parameters for the use of the various
Section 1926.1419 SignalsGeneral 1926.1419(a)(3), which provides that a types of existing signal methods, and for
Requirements signal person must be provided if the signal methods that may be developed
This section sets requirements crane operator or person handling the in the future, the Committee sought to
regarding signals when using equipment load determines a signal person is promote a degree of standardization
covered by this standard. CDAC necessary due to site specific safety while still allowing appropriate
determined that addressing these issues concerns. This provision, in particular, flexibility. In addition, the provisions
is one of the means by which the ensures that a signal person will be are designed to ensure that the selection
number of injuries and fatalities caused required when necessary. of signal type and means of sending the
One commenter asked for clarification
by struck-by incidents, in which the signals are appropriate under the

equipment or load strikes an employee, on the meaning of full view of the circumstances and reliable.
can be reduced. operator in 1926.1419(a)(1). (ID
292.1.) In particular, the commenter Paragraph (c) Hand Signals
Paragraph (a) asked whether mirror or camera systems Paragraph (c) of this section addresses
Paragraphs (a)(1) through (a)(3) of this would meet this requirement. Another the use of hand signals. The industry
section address the circumstances that commenter suggested adding language has long recognized the need for
require the use of a signal person: (1) allowing the use of boom mounted consistent, universal hand signals to
minimize the potential for Standard Method hand signals is either within the operators line of sight. Radio
miscommunication between signal infeasible for articulating cranes, or if signals would not be suitable if
persons and operators. ANSI B30.5 the use or operation of an attachment is electronic interference on the site
1968, Crawler, Locomotive and Truck not covered by the Standard Method, prohibits the signals from being readily
Cranes, contains illustrations of hand then the exception in 1926.1419(c)(1) understood.
signals that are the same as the current and the requirements for non-standard One commenter requested that the
2004 edition of ASME B30.5 and that hand signals in 1926.1419(c)(2) would determination of which type and means
are consistent with hand signals for apply. of signaling is appropriate for the site
other types of cranes in ASME B30 OSHA is only making two changes, conditions be made by the crane
standards. The same hand signals have neither of which is substantive, from operator or other qualified person. (ID
been expressed in similar charts 1926.1419(c) as proposed. The first is 0172.1.)
published by a variety of other groups. a grammatical correction, and the The Agency concludes that this is a
(See, e.g., Construction Safety second merely removes the superfluous straight-forward determination that does
Association of Ontario, MIOSHA, direction that [t]he following not require the specialized expertise of
MSHA.) requirements apply to the use of non- a qualified person. Also, the crane
Because of the industrys long standard hand signals, which is already operator will typically be involved in
familiarity with these standard hand clear from the text of 1926.1419(c)(2). this determination, since there are
signals, CDAC determined that, when several requirements relating to effective
Paragraph (d) New Signals
using hand signals, the standardized communication that, as a practical
version of the signals should continue to Paragraph (d) of this section allows matter, will typically involve input from
be required. These signals, which are signals other than hand, voice, or the operator (see, for example,
located in Appendix A, are referred to audible signals to be used if certain 1926.1419(f), 1926.1420(a), and
as the Standard Method, and this term criteria are met. As explained in the 1926.1421(c)).
is defined in 1926.1401 as the discussion of 1926.1419(b) in the
protocol in Appendix A for hand preamble to the proposed rule, CDAC Paragraph (f)
signals. However, the Committee included 1926.1419(d) to allow for the Paragraph (f) of this section requires
recognized that there are instances development of new signals in the the ability to transmit signals between
when use of the Standard Method is future (see 73 FR 5979659797, Oct. 9, the operator and signal person to be
either infeasible or where there is no 2008). To ensure that any new signals maintained. If that ability is interrupted,
Standard Method signal applicable to developed by a particular employer are the operator is required to safely stop
the work being done. as effective as hand, voice, or audible operations until signal transmission is
In such instances, under this signals, 1926.1419(d)(1) and (d)(2) reestablished and a proper signal is
paragraph, non-standard signals may be require the employer to demonstrate given and understood. No comments
used. To avoid confusion when non- that the new signals are as effective as were received on this provision; it is
standard signals are used, proposed existing signals for communicating. included in the final rule without
1926.1419(c)(2) requires that the signal Alternatively, an employer may use change.
person, crane operator, and lift director signals that comply with a national
(where there is one) meet prior to the consensus standard.96 OSHA decided to Paragraph (g)
operation to agree upon the signals that change the language of paragraph (d)(2) As explained in the preamble to the
will be used. to clarify that an employers signals proposed rule, paragraph (g) of this
At the public hearing, one witness must comply with the national section requires the operator to stop
commented that the use of non-standard consensus standard signals. CDAC operations if the operator becomes
hand signals should not be allowed determined it was appropriate to allow aware of a safety problem and needs to
because it would unnecessarily confuse reliance on signals in a national communicate with the signal person
contractors and utility workers, and consensus standard because their (see 73 FR 59797, Oct. 9, 2008).
because standard signals are already inclusion in such a standard shows a Operations may only be resumed after
used in the industry. (ID345.17.) OSHA high degree of standardization and the operator and signal person agree that
defers to the expertise of the Committee, widespread acceptance by persons who the problem has been resolved.
which found that a non-standard signal are affected by the signals, thereby No comments were received on this
may be needed on occasion (see 73 FR ensuring that the signals can be used provision; it is included in the final rule
59797, Oct. 9, 2008, in which the safely to control equipment operations without change.
Agency described examples of such and preventing the on the fly
situations). Additionally, it should be development of signals cited as Paragraphs (h) and (j)
noted that 1926.1419(c) requires the dangerous by the commenter. (ID Paragraph (h) of this section requires
use of Standard Method hand signals 0110.1.) that only one person at a time signal the
and permits an exception only where operator. As explained in the preamble
Paragraph (e) Suitability
the Standard Method signals are to the proposed rule, CDAC
infeasible or where there is no Standard Under paragraph (e) of this section, determined this provision was needed
Method signal for the particular the type of signal (hand, voice, audible, to prevent confusion with respect to
attachment. or new) and the transmission method which signals the operator is supposed
One commenter pointed out that there used must be suitable for the site to follow (see 73 FR 59797, Oct. 9,
are currently no hand signals specific to conditions. For example, hand signals 2008). An exception is provided in
articulating cranes and asked which would not be suitable if site conditions 1926.1419(j) to address situations
signals OSHA intended to be used with do not allow for the signal person to be when somebody becomes aware of a
articulating cranes. (ID0206.1.) The safety problem and gives an emergency
96 The CDAC draft refers to an industry
record contains no information on the stop signal. Under 1926.1417(y), the
consensus standard. OSHA has changed this to
extent to which hand signals for national consensus standard to conform to the
operator is required to obey such a
articulating cranes may differ from those terminology used in the OSH Act. See definition in signal. No comments were received on
used for other cranes. If the use of section 3(9) of the Act. either of these provisions; they are
included in the final rule without Section 1926.1420 SignalsRadio, crane be properly coordinated. By
substantive change. OSHA has modified Telephone, or Other Electronic sharing a single channel, each operator
paragraph (h) to clarify that it is a Transmission of Signals can hear what each crane is being asked
requirement. CDAC concluded that certain criteria to do, which can facilitate that
are needed to ensure the reliability and coordination.
Paragraph (i) [Reserved.] Several commenters representing the
clarity of electronically transmitted
Paragraph (k) railroad industry raised concerns about
signals; these criteria are listed in
the dedicated channel requirement as it
As explained in the preamble to the 1926.1420(a) through (c). Paragraph
relates to the use of cranes on or
proposed rule, paragraph (k) of this (a) of this section requires the testing of
adjacent to railroad tracks. (ID0170.1;
section requires that all directions given the transmission devices prior to the
0176.1; 0291.1.) These commenters
to the operator by the signal person be start of operations to make certain that
pointed out that the actions of crane
given from the operators direction the signals are clear and that the devices operators often have to be coordinated
perspective, meaning that the signal are reliable. This helps ensure that the with other moving equipment (e.g.
person must provide the signals as if he operator receives, and can understand, trains) and that the use of a dedicated
or she was sitting in the operators seat the signals that are given, and will channel in these circumstances would
and facing the same direction as the prevent accidents caused by actually be more dangerous.
operator (see 73 FR 59797, Oct. 9, 2008). miscommunication. The commenters points in this regard
In the Committees experience, the One commenter, remarking that a are persuasive; OSHA has accordingly
operator will tend to react to a second or two of delay may still pose a added 1926.1420(b)(2). This allows an
directional signal, such as forward, by significant safety hazard, suggested that exception to the use of a dedicated
acting on the signal from the operators 1926.1420(b) be amended to read, channel when a crane is being operated
perspective. This provision ensures that Signal transmission must be through a on or near railroad tracks and the crane
the signal that is given will be dedicated channel without noticeable operator must coordinate with the
consistent with that natural tendency. delay * * *. (ID0172.1.) movement of other equipment on or
No comments were received on this OSHA agrees that a noticeable delay near the railroad tracks.
provision; it is included in the final rule in transmission of an electronic signal Paragraph (c) of this section requires
without change. could pose a significant hazard and has that the operators reception be by a
decided to address this concern by hands-free system. In other words, the
Paragraph (l) [Reserved.] adding the requirement that signal operator must not have to depress a
Paragraph (m) Communication With transmission be effective. To be button, manipulate a switch, or take any
Multiple Cranes/Derricks effective, a transmitted signal must action for the incoming signal to be
produce or be capable of producing the received. CDAC determined that this
Paragraph (m) of this section intended result. In other words, a signal provision is needed because the
addresses a situation where one or more must be transmitted and understood by operator must have both hands free to
signal person(s) is in communication the crane operator in such a way and manipulate the equipments controls.
with more than one crane or derrick (for within such a time as would allow the No comments were received on this
example, during multiple crane lifts). It operator to respond to the signal and provision; it is included in the final rule
requires each signal person to use an operate the crane in a safe manner. without change.
effective means of identifying which Paragraph (b) of this section requires
crane or derrick the signal is for. that signals be transmitted through a Section 1926.1421 SignalsVoice
Sections 1926.1419(m)(i) and (ii) set out dedicated channel. As defined in SignalsAdditional Requirements
alternate means of complying with this 1926.1401, a dedicated channel is a CDAC considered whether the rule
requirement. Under 1926.1419(m)(i), line of communication assigned by the should include a standardized set of
for each signal the signal person must, employer who controls the voice signals. Unlike hand signals,
prior to giving the function/direction, communication system to only one which have become standardized to a
identify the crane/derrick for which the signal person and crane/derrick or to a large extent within the industry, in the
signal is intended. Alternatively, under coordinated group of cranes/derricks/ Committee members experience there is
1926.1419(m)(ii), the employer could signal person(s). Use of a dedicated significant variation in the phrases used
implement a method of identifying the channel ensures that the operator and to convey the same instructions.
crane/derrick for which the signal is signal person are not interrupted by Consequently, CDAC was concerned
intended that is as effective as the users performing other tasks or confused that words or phrases that it might have
system in 1926.1419(m)(i). For or distracted by instructions not chosen to be standard voice signals
example, under 1926.1419(m)(ii), the intended for them. could be unfamiliar to many employees
signal person could simultaneously An exception to 1926.1419(b) allows in the industry or contrary to common
identify the crane and provide the more than one signal person and more usage in some parts of the country. In
signal. Because of the potential for than one crane/derrick operator to share light of this, the Committee determined
confusion, it is essential that an a dedicated channel in multiple crane/ that it would be better to use a different
alternative system under derrick situations for coordinating approach to address the problem of
1926.1419(m)(ii) be equally effective operations. The Committee determined, miscommunication when using voice
as 1926.1419(m)(i) in clearly and OSHA agrees, that this exception is signals. This approach, which
conveying, on a consistent basis, the needed because, in those situations, it
establishes criteria for whatever voice

crane/derrick to which each signal is may be advantageous to share a single signals are used, is set out in
directed. No comments were received dedicated channel. For example, in 1926.1421(a)(c).
on this provision; it is included in the some situations several cranes may be Under paragraph (a) of this section,
final rule without substantive change. operating in an area in which their prior to beginning operations, the
The wording of the paragraph has been booms, loads or load lines could come personnel involved with signalsthe
modified with several minor in contact with each other. In such cases crane operator, signal person and lift
grammatical changes. it is crucial that the movements of each director (if there is one)are required to
meet and agree on the voice signals that requirements in 1926.1421(a) 2004, 20 fatalities resulted from falls
will be used. Because of the lack of (requiring a meeting between the from nonmoving vehicles and in 2005,
standardization and the variety of operator, signal person and lift director such falls caused 18 deaths. A recent
languages that are in use in the to determine which verbal signals will study of crane-related fatalities in the
construction industry, the Committee be used). Having received no evidence U.S. construction industry found that
concluded that it is essential that the to the contrary, OSHA has decided to 2% resulted from falls. J.E. Beavers, J.R.
persons who give and/or receive voice defer to the expertise of the Committee, Moore, R. Rinehart, and W.R. Schriver,
signals agree in advance on the signals and is promulgating this requirement Crane-Related Fatalities in the
that will be used to avoid without substantive change. The word Construction Industry, 132 Journal of
miscommunication. OSHA agrees. Once shall is replaced with must in Construction Engineering and
the parties have met and agreed on the paragraphs (b) and (c) to remove any Management 901 (Sept. 2006). (ID
voice signals, another meeting is not doubt that the sentences are imperative 0012.) Falls from cranes, particularly
required to discuss them unless another commands, rather than descriptive. when the operator is entering or leaving
worker is added or substituted, there is the crane, also cause numerous non-
Section 1926.1422 SignalsHand
some confusion about the signals, or a fatal injuries to construction workers.
Signal Chart
signal needs to be changed. (OSHAS030200606630422.)
Section 1926.1421(b) requires that Section 1926.1422 requires that hand As discussed in the preamble to the
each voice signal contain the following signal charts be posted on the proposed rule, the Committee
three elements, given in the following equipment or readily available at the determined that safety would be
order: function (such as hoist, boom, site. OSHA is requiring the charts to be enhanced by addressing the problem of
etc.), direction; distance and/or speed; posted to serve as a reference for fall hazards associated with cranes and
function, stop command. For example: operators and signal persons of the derricks comprehensively and that
hoist up; 10 feet; hoist stop. As mandatory hand signals and thereby putting all such requirements in subpart
discussed above, the Committee help avoid miscommunication. CC would make it easier for employers
considered it impractical to attempt to Three commenters suggested that to readily determine the applicable fall
standardize the voice signals themselves 1926.1422 be rewritten to require that protection requirements (see 73 FR
(that is, to require the use of particular the hand signal charts be 59799, Oct. 9, 2008). Accordingly, under
words to represent particular functions, conspicuously posted in the vicinity the final rule, subpart M does not apply
directions or other instructions). of the hoisting operations, rather than to equipment covered by subpart CC
However, the Committee concluded that merely making them readily available except where 1926.1423 incorporates
the chance of miscommunication could at the site as proposed. (ID0110.1; requirements of subpart M by reference.
nonetheless be reduced if certain 0115.1; 0178.1.) In this regard, the Agency has
parameters were established for the type Upon further reflection, the Agency amended subpart M at
of information and order of information acknowledges that the original language 1926.500(a)(2)(ii) to make clear that
that would be given. OSHA agrees. (that the hand signal chart could be subpart CC specifies the circumstances
Section 1926.1421(c) requires the readily available at the site) did not in which fall protection must be
crane operator, signal person, and lift afford the same amount of protection provided to workers on equipment
director (if there is one) to be able to afforded by conspicuously posted in covered by subpart CC. The Agency has
effectively communicate in the language the vicinity of the hoisting operations. also amended 1926.500(a)(3) to state
used. Voice signals will not serve their For example, a hand signal chart stored that the criteria for fall protection
intended purpose if they cannot be in a shop trailer on the other side of the systems required under subpart CC are
understood, or can be misinterpreted. site or obscured from sight by other as set forth in 1926.1423 of subpart
The inability of these workers to objects might be readily available at the CC. In addition, 1926.500(a)(4) has
understand each other could lead to site, but it would do little to ensure that been amended to specify that the
accidents that occur when, for example, the chart would be accessed by training requirements in 1926.503 do
the crane operator moves a load in a employees where it is needed. It is the not apply to the use of equipment
different direction than the signal Agencys intent that employees be able covered by subpart CC. These
person intends. to access the chart quickly. OSHA amendments to 1926.500 are discussed
One commenter suggested that therefore decided to modify the in the explanation of amendments to
uniform verbal signals were necessary to language of 1926.1422 to require that subpart M.
limit the likelihood of signal charts be conspicuously posted in
miscommunications resulting from Definition of Fall Protection
the vicinity of hoisting operations, or on Equipment
language barriers. (ID0379.1.) Three the equipment.
commenters suggested that OSHA Fall protection equipment is defined
establish uniform verbal signals Section 1926.1423 Fall Protection in 1926.1401, and is limited to
enhanced by diagrams and pictures. This section contains provisions guardrail systems, safety net systems,
(ID0110.1; 0115.1; 0178.1.) Two of designed to protect workers on personal fall arrest systems, positioning
these commenters suggested that OSHA equipment covered by this subpart from device systems, and fall restraint
require these verbal signal charts to be fall hazards. (See 1926.1431, Hoisting systems. One commenter stated that this
conspicuously posted in the vicinity of Personnel, for fall protection provisions definition should be changed to that
the hoisting operations. (ID0110.1; that apply when equipment is used to found in ANSI/ASSE Z359.02007,
Definitions and Nomenclature used for
0115.1.) hoist personnel).

As discussed above, CDAC Falls have traditionally been the Fall Protection and Fall Arrest, which
considered whether the rule should leading cause of deaths among defines fall protection more broadly to
include a standardized set of voice construction workers. BLS data for 2004 include any equipment, device, or
signals and decided that it would not be and 2005, the latest years for which system that either prevents a fall or
practical to do so. It did, however, complete figures are available, shows mitigates the effect of a fall. (ID0178.1.)
address the potential for 445 fatalities from falls in 2004 (ID However, as OSHA explained in the
miscommunication by developing the 0023) and 394 in 2005 (ID0024). In proposed rule, the proposed definition
was chosen to use the same terminology concluded, however, that specific forward and rear operator positions. As
found in other OSHA standards to criteria for steps, handholds, ladders, discussed below, 1926.1423(c)(3)(i)
ensure that employers would be familiar grabrails, guardrails and railings were and 1926.1423(c)(4)(i) require the steps,
with the terminology (see 73 FR 59799, necessary to address the design handholds, ladders and guardrails/
Oct. 9, 2008). Moreover, OSHA notes characteristics of equipment covered by railings/grabrails used to comply with
that sec. 1.3.1 of ANSI/ASSE Z359.0 subpart CC and the particular fall this section to meet updated design
2007 provides that the scope of that hazards associated with the use of such criteria.
standard does not include the equipment. Prior to this final rule, former
construction industry. Accordingly, OSHA agrees, and is therefore adding 1926.550(a)(13)(i) in subpart N
OSHA is retaining the proposed 1926.1423(c)(1), which states that
required that guardrails, handholds, and
definition in the final rule. 1926.502(b) (guardrail systems) must
steps be provided on cranes for easy
not apply to equipment covered by
Definition of Positioning Device access to the car and cab and specified
subpart CC, to the final rule. It makes
System that these devices conform to ANSI
clear that the guardrail criteria
A trade association objected to the B30.5. The 1968 version of ANSI B30.5,
requirements in 1926.502(b) for those
lack of definitions for fall arrest or which was in effect at the time subpart
items do not apply to equipment
positioning systems. (ID0178.1.) N was issued, specifies that the
covered by subpart CC. Instead,
OSHA notes that proposed 1926.1401 construction of these devices must
1926.1423(c)(2), (3), and (4),
did contain a definition for personal conform to the 1946 U.S. Safety
discussed below, provide the applicable
fall arrest system, and that definition is Appliance Standard. CDAC recognized
criteria for such equipment. Because of
included in the final rule. OSHA agrees that many pieces of equipment now in
the addition of paragraph (c)(1), which
that a definition of positioning device was not in the proposed rule, use would have been manufactured
system is needed and is adding a paragraphs (c)(2), (3), and (4) have been with handholds and steps but was
definition to 1926.1401 in the final renumbered from the proposal, where concerned that the handholds and steps
rule that is the same as the definition they were paragraphs (c)(1), (2), and (3). may have been designed to meet
found in subpart M. Paragraph (c)(2) of this section outdated criteria.
requires that the employer maintain in The Committee determined, and
Paragraph (a) Application
good condition originally-equipped OSHA agrees, that it would be unduly
Section 1926.1423(a) specifies which steps, handholds, ladders and burdensome to require all equipment to
provisions in this section apply to all guardrails/railings/grabrails.97 The be retrofitted with new steps,
equipment, including tower cranes failure to properly maintain such handholds, and railings simply because
( 1926.1423(c)(1), (c)(2), (d), (g), (j) devices could pose dangers to the the existing design may vary from what
and (k)); which provisions apply to all workers who use them. For example, a is required under the final rule.
equipment except tower cranes grabrail would not be maintained in Accordingly, 1926.1423(c)(3) only
( 1926.1423(b), (c) (3), (e) and (f)); and good condition if it has become applies to equipment manufactured
which provisions apply only to tower weakened from rust. A weakened more than one year after the effective
cranes ( 1926.1423(c)(4) and (h)). guardrail could fail when an employee date of this standard. This gives
Paragraph (b) Boom Walkways uses it, which could cause the employee equipment manufacturers adequate time
to fall. Likewise, a railing would not be to incorporate the requirements of
For the reasons explained in the maintained in good condition if all or 1926.1423(c)(3)(i) into their new
preamble to the proposed rule, part of the railing is missing. A products.98
1926.1423(b) addresses the hazard of manufacturer that integrated a railing
falls from lattice booms by establishing Paragraph (c)(3)(i) requires that steps,
into its boom design may have relied on handholds, ladders and guardrails/
when walkways must be incorporated the presence of the railing and provided
into lattice booms, and the criteria for railings/grabrails meet the criteria of
a walking surface that would otherwise SAE J185 (May 2003) or ISO 11660
such walkways (see 73 FR 5979959800, be too narrow to be safe.
Oct. 9, 2008). No comments were 2:1994(E). As explained above in the
Paragraphs (c)(3) and (c)(4) of this
received on this paragraph; it is discussion of amendments to subpart X,
section require that equipment
included in the final rule without OSHA amended subpart X to clarify that
manufactured more than one year after
change. subpart X does not apply to integral
the effective date of this standard be
components of equipment covered by
Paragraph (c) Steps, Handholds, equipped to provide safe access and
subpart CC. The specifications in SAE
Ladders, Grabrails, Guardrails and egress on equipment covered by this
J185 (May 2003) are referenced in other
Railings subpart by the provision of devices such
industry consensus standards, such as
Section 1926.1423(c) in the final rule as steps, handholds, ladders, and
ASME B30.52004, Mobile and
specifies criteria for the use and guardrails/railings/grabrails. Tower
Locomotive Cranes and ASME B30.3
maintenance of steps, handholds, cranes must be equipped to provide safe
2004, Construction Tower Cranes, and
ladders, grabrails, guardrails and access and egress between the ground
crane manufacturers are familiar with
railings. The Agency notes that and the cab, machinery platforms, and
those requirements. Section
proposed paragraph (c) inadvertently tower (mast) (see below discussion of
1926.1423(c)(3)(i) alternatively allows
omitted ladders from the list of paragraph (c)(4)). All other equipment
compliance with ISO 116602 because
covered by this subpart must be
devices in the paragraphs heading. those provisions are sufficiently

Accordingly, OSHA has revised final equipped to provide safe access and
protective and employers also use
paragraph (c) to include the word egress between the ground and the
equipment built by foreign
ladders. operator work station(s), including the
manufacturers who have been following
Section 1926.502(b) generally 97 OSHA has changed the location of the words
that standard.
provides criteria for guardrail systems, in good condition in 1926.1423(b) to make it
with some exceptions (see discussion of clear that it applies to maintenance of all of the 98 OSHA had added the word devices in the last
amendments to 1926.500). CDAC listed items. sentence of paragraph (c)(3) for grammatical clarity.
OSHA notes that proposed cab, machinery platforms, and tower Paragraph (d) Personal Fall Arrest and
1926.1423(c)(2)(i) 99 inadvertently (mast), by the provision of devices such Fall Restraint Systems
omitted handholds from the listed as steps, handholds, ladders, and Paragraph (d) of this section addresses
devices that must meet the criteria of guardrails/railings/grabrails. In the personal fall arrest systems and fall
SAE J185 (May 2003) or ISO 11660 preamble to the proposed rule, OSHA restraint systems used to satisfy the
2:1994(E). Accordingly, OSHA has stated the Agencys intent to include a requirements under subpart CC to
added handholds to the final rule in requirement to provide safe access and provide fall protection.
1926.1423(c)(3)(i). Additionally, egress on tower cranes, similar to the Paragraph (d) was not in the proposed
OSHA has replaced the word requirement in final paragraph (c)(3) to rule but has been added to the final rule
requirements in proposed provide safe access and egress on other to make clear that certain appropriate
1926.1423(c)(2)(i) with criteria in the equipment covered by subpart CC, and requirements of subpart M apply to
final 1926.1423(c)(3)(i). The Agency requested public comment on the issue subpart CC. Paragraph (d) requires the
determines this change clarifies that the (73 FR 59800, Oct. 9, 2008). use of personal fall arrest system
listed devices must comply with the
Three commenters responded, all components in personal fall arrest and
design criteria contained in the
stating that the final rule should include fall restraint systems required by
referenced standards and that, for the
the requirement to provide safe access subpart CC. These systems must
purposes of 1926.1423(c)(3)(i), other
and egress on tower cranes. (ID0182.1; conform to all of the criteria in
provisions in the referenced standards
0205.1; 0213.1.) Accordingly, OSHA 1926.502 of subpart M, except
do not apply. To illustrate, both SAE
has added paragraph (c)(4) to the final 1926.502(d)(15). Section
J185 (May 2003) and ISO 11660
rule. 1926.502(d)(15) provides general criteria
2:1994(E) contain provisions relating to
Paragraph (c)(4)(i) of this section for anchorages for personal fall arrest
the scope of those standards. However,
1926.1400 sets forth the scope of requires steps, handholds, ladders, and systems, but OSHA is choosing to apply
equipment covered by subpart CC (see guardrails/railings/grabrails on these the anchorage criteria in
discussion above of 1926.1400, Scope). tower cranes to meet the criteria of ISO 1926.1423(g)(3) rather than the criteria
Consequently, 1926.1423(c)(3)(i) 116601:2008(E) and ISO 11660 in 1925.502(d)(15). This approach is
requires that steps, handholds, ladders, 3:2008(E), or SAE J185 (May 2003), consistent with the approach to
and guardrails/railings/grabrails on except where infeasible. For the same requirements for personal fall arrest and
equipment covered by subpart CC (other reasoning discussed above with respect fall restraint systems provided in
than tower cranes) meet the criteria for to 1926.1423(c)(3)(i), paragraph 1926.760(d)(2) of subpart R, except for
such devices in SAE J185 (May 2003) or (c)(4)(i) allows employers to use the exclusion of 1926.502(d)(15).
ISO 116602:1994(E), irrespective of the equipment designed to the Paragraph (e) Fall Protection
scope provisions in those consensus specifications of SAE J185 (May 2003) Requirements for Non-Assembly/
standards. or, alternatively, ISO 116601:2008(E) Disassembly Work
Paragraph (c)(3)(ii) of this section and ISO 116603:2008(E).
requires that walking/stepping surfaces, Paragraph (e) of this section addresses
The Agency notes that ISO 11660 fall protection requirements for
except for crawler treads, have slip- 1:2008(E) provides criteria applicable to
resistant features/properties (such as employees engaged in work other than
cranes in general while ISO 11660 assembly/disassembly work (non-A/D
diamond plate metal, strategically 3:2008(E) provides criteria particular to
placed grip tape, expanded metal, or work). For such work, in certain
tower cranes. The Agency reads the circumstances, employers are required
slip-resistant paint). Former particular criteria in ISO 11660
1926.550(a)(13)(iii) of subpart N to provide and ensure the use of fall
3:2008(E) as supplementing the general protection equipment for employees
required platforms and walkways to criteria in ISO 116601:2008(E).100
have anti-skid surfaces. CDAC who are on a walking/working surface
Therefore, paragraph (c)(4)(i) would with an unprotected side or edge more
recommended that OSHA retain this
only be satisfied under this alternative than 6 feet above a lower level.
requirement as a complement to the use
if the steps, handholds, ladders and CDAC discussed different trigger
of guardrails, handholds, grabrails,
guardrails/railings/grabrails on the heights for fall protection requirements
ladders and other engineered safety
tower crane meet the criteria in both for particular types of cranes and
features that are required by new
ISO 116601:2008(E) and ISO 11660 derricks. Ultimately, CDAC concluded
1926.1423. OSHA concludes that
3:2008(E). that the requirements for fall protection
compliance with this provision will
minimize the number of slips and falls Paragraph (c)(4)(ii) of this section should remain consistent with 29 CFR
for employees who must travel point to requires walking/stepping surfaces on part 1926 subpart M, which generally
point to access the operator tower cranes to have slip-resistant requires fall protection at heights at and
workstations on equipment covered by features/properties, such as diamond above 6 feet, as much as possible. (As
this section. plate metal, strategically placed grip discussed below, for assembly/
Paragraph (c)(4) of this section applies tape, expanded metal, or slip-resistant disassembly (A/D) work, the Committee
to fall protection on tower cranes. For paint. Similar to paragraph (c)(3)(ii) (see recommended fall protection beginning
the same reasons explained above with above discussion of paragraph (c)(3)(ii)), at 15 feet.) CDAC also determined that
respect to 1926.1423(c)(3), paragraph (c)(4)(ii) carries forward the operators do not need to be tied off
1926.1423(c)(4) likewise only applies anti-skid protections from former while moving to and from their cabs,
and paragraph (e)(1) of this section,
to tower cranes manufactured more than 1926.550(a)(13)(iii).

one year after the effective date of this discussed below, therefore requires fall
standard. Such equipment must be 100 The Agency notes that the approach for the protection equipment only when
equipped so as to provide safe access 2008 editions of ISO 116601 and ISO 116603 employees are moving point-to-point on
appears to differ from that of the ISO 11660 booms or while at a work station (with
and egress between the ground and the 2:1994(E). The Agency interprets ISO 11660
2:1994(E) as addressing steps, handholds, ladders
certain exceptions). The Committee
99 Proposed 1926.1423(c)(2)(i) corresponds with and guardrails/railings/grabrails independent of determined that the steps, handholds,
1926.1423(c)(3)(i) in the final rule. ISO 116601:2008(E). and railings required under
1926.1423(c) protect operators moving In contrast, it is uncommon for an adversely affect the booms structural
to and from their workstations and employee to need to move point-to- components.
eliminate the need for additional fall point on a horizontal lattice boom for The third method commonly used in
protection equipment. non-A/D work. If work does need to be construction work is a temporary
done, such as making an inspection or guardrail system, but that also would
Paragraph (e)(1) Non-Assembly/ require attaching stanchions to the
repair as discussed above, the employee
Disassembly: Moving Point to Point boom, which would be infeasible for
would usually get access to their work
Paragraph (e)(1)(i) of this section station with a ladder. In those instances these same reasons.
requires employers to provide and when the employee must traverse the The Committee concluded that, in
ensure the use of fall protection boom itself, the Committee concluded light of such factors, it would not be
equipment at 6 feet and above when an that it would be inappropriate to require appropriate to require fall protection
employee is moving point to point on fall protection for the reasons discussed when an employee moves point-to-point
non-lattice booms (whether horizontal below. on horizontal lattice booms. However,
or not horizontal). Moving point to The key difficulty in providing fall in the preamble to the proposed rule,
point is defined in 1926.1401 and protection in such instances stems from the Agency noted that, although it may
refers to when an employee is going to the lack of a tie-off point above the level rarely be necessary for an employee
or coming from a work station. of the employees feet. The Committee moving point-to-point on a horizontal
CDAC determined that non-lattice discussed that most lattice booms when lattice boom to be 15 feet or more above
booms generally present more hazards horizontal would be less than 15 feet the next lower level, there is the
to workers who must walk them to above the next lower level. At heights possibility of such an occurrence, such
reach other work areas, devices, and below 15 feet, a personal fall arrest as where a horizontal boom spans a
equipment attached to it than lattice system tied off at the level of the large gap in the ground surface. At such
booms. Non-lattice booms are typically employees feet, with a lanyard long heights a personal fall arrest system tied
of the extensible type. As a result, as enough to afford the employee the range off at the level of the employees feet
members noted, the walking/working of movement necessary for this work, would allow sufficient room for the
surfaces on these types of booms are might not prevent the employee from arrest system to operate without
often oily (from the hydraulic falling to the next lower level. allowing the employee to strike the next
mechanisms). Also, since the boom In construction work the problem of lower level. Therefore, the Agency
sections extend and retract, it is providing personal fall protection in requested public comment on whether
typically infeasible to provide boom this height range, when there is no proposed 1926.1423(d)(1)(ii) 101
walkways and other safety features. higher tie-off point, is usually solved in should be expanded to require fall
Because they tend to be slippery from one of three ways (apart from the use of protection when an employee, engaged
oil, the Committee concluded that they ladders, scaffolds, aerial lifts, and in non-A/D work, is moving point-to-
are especially hazardous to move across similar devices). One way is to use a point on a boom that is horizontal and
even when horizontal. Therefore, where restraint system, which is anchored at a the fall distance is 15 feet or more.
an employee is required to move point OSHA received three comments on
point that prevents the employee from
to point on a non-lattice boom, the this issue. (ID0182.1; 0205.1;
moving past an edge. The Committee
Agency decided to remain consistent 0213.1.) These commenters stated that
discussed that this type of system could
with the requirements in 29 CFR part the final rule should require fall
not be used while on a boom because
1926 subpart M to require fall protection protection when an employee, engaged
the boom is too narrow. Another
at heights at or above 6 feet and the final in non-A/D work, is moving point-to-
method is to set up a personal fall arrest
rule requires fall protection when the point on a boom that is horizontal and
system that would arrest the employees
fall distance is greater than 6 feet. the fall distance is 15 feet or more.
fall before hitting the next lower level
Accordingly, the Agency has added
Paragraph (e)(1)(ii) applies the same by using stanchions to support an
paragraph (e)(1)(iii) to the final rule to
fall protection requirements to point to elevated, horizontal life-line. However,
require fall protection under these
point movement on lattice booms that such stanchions must be securely
circumstances. No comments were
are not in a horizontal position. The fastened and whatever they are fastened
received on proposed paragraphs
Committee found that in non-A/D work, to must be able to withstand
(d)(1)(i) and (ii), and they are included
an employee may, for example, need to considerable forces in an arrested fall.
in the final rule without change as
move point-to-point on a lattice boom to On a cranes lattice boom, the
paragraphs (e)(1)(i) and (ii).
inspect a part that is suspected to need stanchions would have to be attached
repair, or to make a repair (such as either to the chords or the lacings. Paragraph (e)(2) Non-Assembly/
replacing a broken or missing cotter The chords and lacings are engineered Disassembly: While at a Work Station
pin). In many of these situations, the to be as light as possible, and an Paragraph (e)(2) of this section
boom will not be horizontal, since space engineering analysis would be needed requires employers to provide and
limitations often make it difficult to in each case to determine if the ensure the use of fall protection while
lower the boom to do this work. attachment point was sufficiently strong an employee is at a work station on any
The Committee determined that it is to withstand those forces. Also, the part of the equipment (including the
both necessary and feasible for fall Agency determines that manufacturers boom, of any type), except when the
protection to be used in such instances. would be unlikely to approve clamp-on employee is at or near draw-works
Typically, the fall protection that would type systems because of the likelihood
(when the equipment is running), in the

be used would consist of a double- of the clamping forces damaging these cab, or on the deck (see the discussion
lanyard or similar personal fall arrest critical structural components. of this in the preamble of the proposed
system. Since the boom in these Similarly, the Agency determines that rule, where this paragraph was
instances would be elevated, there manufacturers would not approve the denominated as 1926.1423(d)(2); 73
would usually be a point on the boom repeated weld/removal/re-weld cycles
above the level of the employees feet to that would be involved in attaching and 101 Proposed 1926.1423(d)(1)(ii) corresponds
which the lanyard could be attached. removing stanchions because this could with final 1926.1423(e)(1)(ii).
FR 59802, Oct. 9, 2008). No comments device systems (this was denominated equipment) meet the applicable
were received on this paragraph; it is paragraph (f) in the proposed rule). anchorage criteria in 1926.502(d)(15)
included in the final rule without Sections 1926.1423(g)(2)(i) and for personal fall arrest systems and
change other than its redesignation. 1926.1423(g)(2)(ii) permit personal fall 1926.502(e)(2) for positioning device
arrest systems and positioning systems systems. These criteria are the same as
Paragraph (f) Assembly/Disassembly
to be anchored to any apparently those discussed with respect to
Paragraph (f) of this section requires substantial part of the equipment unless paragraph (g)(2) for personal fall arrest
the employer to provide and ensure the a competent person, from a visual and positioning device systems.
use of fall protection equipment during inspection, without an engineering Paragraph (g)(3), Anchorages for fall
assembly and disassembly (A/D) work analysis, would conclude that the restraint systems, requires fall restraint
for employees who are on a walking/ applicable criteria in 1926.502 of systems to be anchored to any part of
working surface with an unprotected subpart M of this part would not be met. the equipment that is capable of
side or edge more than 15 feet above a An apparently substantial part of the withstanding twice the maximum load
lower level, except when the employee equipment is a part that would appear that a worker may impose on it during
is at or near draw-works (when the substantial to a reasonable competent reasonably anticipated conditions of
equipment is running), in the cab, or on person. The subpart M criteria include, use. Since fall restraint systems do not
the deck (see the discussion of this in for personal fall arrest systems, 5,000 arrest a workers fall (instead they
the preamble of the proposed rule, pounds per employee or twice the prevent a fall from occurring), the
where this paragraph was denominated potential impact load of an employees anchorage does not need to be able to
as 1926.1423(e); 73 FR 59802, Oct. 9, fall (in addition to other requirements) support the significantly greater force
2008). No comments were received on ( 1926.502(d)(15)); for a positioning generated during an arrested fall. OSHA
this paragraph; it is included in the final device, 3,000 pounds or twice the relies on CDACs determination that
rule without change other than its potential impact load of an employees having the anchorage support twice the
redesignation. fall, whichever is greater (in addition to maximum anticipated load provides an
Paragraph (g) Anchorage Criteria other requirements) ( 1926.502(e)(2)). adequate margin of safety when a fall
Most of the equipment covered by the restraint system is used.
Paragraph (g) of this section requires standard is designed to lift and support The Agency made several changes to
the use of, and specifies criteria for, weights much heavier than these. text originally proposed as paragraph (f)
anchorage points in personal fall arrest Apparently substantial parts of the of this section, and now designated as
systems, positioning device systems, equipment are, therefore, typically final paragraph (g) for the purposes of
and fall restraint systems.102 Paragraph capable of meeting the subpart M clarity and consistency. OSHA devoted
(g)(1) provides that 1926.502(d)(15) capacities. Consequently, CDAC final paragraphs (g)(2)(i) and (g)(2)(ii) to
and 1926.502(e)(2) of subpart M apply determined that the criteria in personal fall arrest systems and
to equipment covered by subpart CC 1926.1423(g)(2)(i) and positioning device systems,
only to the extent delineated in 1926.1423(g)(2)(ii) are appropriate and respectively, and added references to
paragraph (g)(2). Sections would avoid burdening employers with 1926.502(d)(15) and 1926.502(e)(2) to
1926.502(d)(15) and 1926.502(e)(2) what it considered to be the specify which of the criteria in
provide, respectively, anchorage criteria unnecessary expense of obtaining 1926.502 of subpart M are applicable
for personal fall arrest systems and engineering analyses for each part that to anchorages used to comply with this
positioning device systems. As would serve as an anchor. (See the section. OSHA concludes these changes
discussed below with respect to discussion of these provisions in the improve the clarity of the final rule. In
paragraph (g)(2), CDAC determined preamble of the proposed rule under addition, final paragraph (g) uses the
that the particular circumstances proposed rule paragraph (f) of this terms personal fall arrest instead of
associated with the use of personal fall section, 73 FR 59802, Oct. 9, 2008.) fall arrest and fall restraint systems
arrest systems and positioning device One commenter suggested revising instead of restraint systems to use the
systems on equipment covered by the provision to require a competent defined terms from 1926.1401 and
subpart CC necessitate specific criteria person to supervise the selection, use, maintain consistency with other
for the anchorages of such systems. and inspection of fall arrest and construction standards.
Therefore, OSHA added paragraph (g)(1) positioning anchorages. (ID0178.1.)
to this section of the final rule to make This commenter suggested that this Paragraph (h) Tower Cranes
clear that the general anchorage criteria revision was needed to avoid Paragraph (h) of this section specifies
in 1926.502 apply to equipment compatibility issues and to emphasize fall protection requirements specific to
covered by subpart CC only as the competent persons planning role. tower cranes. Note that the final rule
delineated in paragraph (g)(2), discussed OSHA declines to adopt the uses the terminology erecting,
below (see also discussion above of commenters suggestion. As explained climbing, and dismantling with regard
1926.500). above, this provision is included to tower cranes rather than assembly
Paragraph (g)(2) of this section, because the suitability of substantial and disassembly; or the term
Anchorages for personal fall arrest and parts of the equipment for anchoring fall erecting/dismantling used in the
positioning device systems, contains arrest and positioning device systems proposed rule, because this terminology
requirements for anchorage points used will often be readily apparent, and the reflects the industrys use of these
in personal fall arrest and positioning employer will only need to seek a terms.
competent persons judgment if there is

102 Personal fall arrest system and Positioning
some question as to the anchorages Paragraph (h)(1) Work Other Than
device system are defined in 1926.1401. These Erecting, Climbing, and Dismantling
definitions parallel those in 1926.500(b) of subpart suitability. The revision suggested by
M. Fall restraint system is also defined in the commenter would contravene this Paragraph (h)(1) of this section
1926.1401. This definition parallels the one in intent. addresses fall protection requirements
1926.751 of subpart R. As with other definitions
applicable to this section, CDAC endeavored, to
Paragraph (g)(2)(iii) requires that for work other than erecting, climbing,
the extent possible and appropriate, to use attachable anchor devices (portable and dismantling. The employer is
terminology that is familiar to the industry. anchor devices that are attached to the required to provide and ensure the use
of fall protection equipment for the hook or other part of a load line is equipment involved and the limitations
employees who are on a walking/ connected to a hoist in the crane or for of its operation. OSHA agrees that a
working surface with an unprotected the derrick, attaching a personal fall qualified person must determine
side or edge more than 6 feet above a arrest system in this manner had been whether the criteria are met, and has
lower level. The exceptions to this prohibited by subpart M. included that requirement in paragraph
requirement would be when the Prior to this rulemaking, OSHA (j)(1).
employee is at or near draw-works received inquiries asking whether a Paragraph (j)(2) requires that the
(when the equipment is running), in the cranes hook or load line may be used equipment operator be at the work site
cab, or on the deck. (See the discussion as an anchorage point for fall protection. and informed that the equipment is
of this provision in the preamble of the Using a crane for such purpose would being used to anchor a personal fall
proposed rule at 73 FR 59803, Oct. 9, be particularly useful in many arrest system. This would ensure that
2008, where it was designated as situations, especially where establishing the operator is available to make any
paragraph (g)(1)). No comments were a suitable anchor point would be necessary adjustments, such as moving
received on this paragraph; it is otherwise very difficult. OSHA asked C the boom or load lines. Further, in the
included in the final rule without DAC to consider whether there is any event of an emergency that results in a
change other than its revised heading reason to prohibit using a crane or tied-off employee being suspended from
and redesignation from paragraph (g)(1) derrick for such purpose. CDAC the hook or load line, the operator
in the proposed rule to (h)(1) in the final determined that the hook or load line of would be available to bring the worker
rule. a crane could be used safely as an to the ground safely.
anchor point under the conditions set OSHA received three comments on
Paragraph (h)(2) Erecting, Climbing, forth in paragraph (j).103 the provisions relating to anchoring to
and Dismantling Paragraph (j)(1) allows the hook or the load line, and one member of the
Proposed 1926.1423(g)(2) load line to be used as an anchorage public submitted written testimony on
(redesignated 1926.1423(h)(2) in the point when a qualified person has the provisions prior to the hearing on
final rule) specified that, for erecting/ determined that the set-up and rated the proposed rule. Two of the
dismantling work, employers must capacity of the crane/derrick (including commenters responded positively to the
provide, and ensure the use of, fall the hook, load line and rigging) meets or provisions (ID0155.1; 0203.1) and one
protection equipment for employees exceeds the requirements in commenter stated the provisions were a
who are on a walking/working surface 1926.502(d)(15). CDAC concluded necessary improvement that would
with an unprotected side or edge more that, as long as the crane or derrick has allow employers to provide fall
than 15 feet above a lower level. (See sufficient capacity to meet those criteria, protection in the narrow circumstances
the discussion of that provision in 73 FR there is no reason to prohibit its use for where there are no viable options other
59803, Oct. 9, 2008.) OSHA noted in the this purpose. than the crane hook (ID0203.1).
proposed rule that CDAC did not CDAC did conclude, however, that The third commenter was opposed to
the expertise of a qualified person is the provisions and stated that anchoring
include the exceptions that were
required to determine whether specific to the load line should be prohibited.
included in proposed 1926.1423(g)(1)
criteria are met when anchoring to the (ID0178.1.) This commenter stated that
for when the employee is at or near
hook or load line. The criteria in cranes are only engineered to lift
draw-works (when the equipment is
1926.502(d)(15) were developed to straight up and straight down and that
running), in the cab, or on the deck. The
ensure that fall protection anchorages retracting a hook at any other angle may
Agency stated that it was unaware of
provide adequate employee protection. jam or break the cable or chain, which
any reason why those exceptions would
Anchorages used for personal fall arrest would result in a dropped load. OSHA
not be equally applicable for
systems must be capable of supporting concludes paragraph (j) addresses this
1926.1423(g)(2), and asked for public
at least 5,000 pounds or designed, concern for the reasons discussed
comment on this issue (see 73 FR 59803,
installed, and used as part of a complete below.
Oct. 9, 2008). Written testimony submitted prior to
OSHA received responses from three personal fall arrest system which
maintains a safety factor of at least two. the hearing expressed the concern that,
commenters, all of whom stated that under 1926.1417(e), which allows a
this exception should be added to the A number of factors related to the
cranes capacity in the particular suspended load to be left unattended by
final rule. (ID0187.1; 0205.1; the equipment operator under certain
0213.1.) Accordingly, OSHA has configuration and set-up involved
would need to be considered, including, conditions, an employees personal fall
included the exception in arrest system could be anchored to a
1926.1423(h)(2) of the final rule. in some cases, the angle of the fall arrest
lanyard to the boom if a fall were to load line at the same time a load is
Paragraph (i) [Reserved.] occur. In addition, the qualified person unattended. (ID0333.2.) This party
would need to determine whether the suggested that the rule make clear that
Paragraph (j) Anchoring to the Load
set-up is such that it would not cause an fall protection should never be anchored
Line
equipment failure, such as a broken to the load line when the load is
Paragraph (j) of this section permits cable or chain, for the load line to serve unattended.
an employer, under prescribed as an anchorage for a personal fall arrest OSHA disagrees. In fact, the intent of
conditions, to anchor a fall arrest system system. These determinations 1926.1423(j) is to allow an employees
to the hook or other part of a load line necessarily would include consideration personal fall arrest system to be
of a crane or derrick. Previously, anchored to the load line only when
of the characteristics of the particular

1926.502(d)(23) of subpart M there is no load suspended from the
prohibited personal fall arrest systems 103 OSHA modified the language from the line. This is implicit in the requirement
to be attached to hoists except as proposed rule so that final paragraph (j) of this of paragraph (j)(1) that the qualified
specified in other subparts of this part. section refers to a personal fall arrest system person determine that the set-up and
rather than a fall arrest system. This modification
Former 1926.550 in subpart N did not was made for the purpose of clarity to use the terms
rated capacity (including the hook, load
contain any provisions specifically defined in 1926.1401, Definitions, and to maintain line, and rigging) meets or exceeds the
addressing this issue. Therefore, since consistency in the construction standards. requirements of 1926.502(d)(15). If it
were permissible for there to be a Systems for Construction and (ID0292.1; 0131.1.) In response,
suspended load, the parenthetical Demolition Operations; ANSI/ASSE OSHA modified the definition of
would include the word load, for the A10.182007, Safety Requirements for upperworks to acknowledge that the
weight of any load would certainly Temporary Roof and Floor Holes, Wall presence of an engine is not always a
affect the ability of the hook or load line Openings, Stairways, and Other defining characteristic of that portion of
to serve as a fall protection anchorage. Unprotected Edges; and ANSI/ASSE the crane.
To make the rules intent clear, OSHA A10.281998 (R 2004), Safety Under paragraph (a)(2), the employer
is adding paragraph (j)(3), which states Requirements for Work Platforms is required to institute two measures to
that no load may be suspended from the Suspended from Cranes or Derricks. prevent employees from entering these
load line, as an additional condition However, the commenter has not hazard areas. Specifically, under
that must be met when anchoring a pointed to which particular provisions paragraph (a)(2)(i), the employer must
personal fall arrest system to the hook of these consensus standards it believes train employees assigned to work on or
or load line. are appropriately included in this rule near the equipment in how to recognize
or that it believes would better these areas.
Paragraph (k) Training Paragraph (a)(2)(ii) requires the
effectuate the purpose of this section
In the preamble to the proposed rule, than those developed by CDAC. employer to erect and maintain control
the Agency requested comments on its As discussed above, CDAC lines, warning lines, railings, or similar
proposed training requirements. One determined that fall protection from barriers to mark the boundaries of the
commenter pointed out that a cranes and derricks presented unique hazard areas, but contains an exception
requirement for fall protection training problems and that this section should when such a precaution is infeasible. If
had not been included in the proposed address those problems while only it is neither feasible to erect such
rule and is needed. (ID0178.1.) While incorporating limited provisions of barriers on the ground nor on the
training is already required under OSHAs general fall protection standard equipment, the employer is required to
1926.21(b)(2),104 OSHA has in subpart M. Upon reviewing the mark the danger zone with a
determined that including a more record, including the comments combination of warning signs and high
specific training requirement regarding submitted by the commenter and others visibility markings on the equipment
fall protection in subpart CC will on the specific provisions contained in that identify the hazard areas. In
highlight the requirement and facilitate the proposal, OSHA continues to addition, the employer must train
compliance. conclude this approach is appropriate. employees to understand what those
Therefore, in the final rule, paragraph Absent additional information as to why markings signify.
(k) has been added to this section. It OSHA should adopt or reference OSHA received comments advocating
requires employers to ensure that each provisions in the standard the an exemption for cranes used in the
employee who may be exposed to a fall commenter has cited, OSHA is unable to railroad industry, especially cranes
hazard while on, or hoisted by, assess whether any such provisions moving along a track. (ID0170.1;
equipment covered by this subpart is would better address fall protection 0176.1; 0342.) One commenter
trained on the requirements in subpart issues than the provisions of this final suggested that the requirement for
CC that address fall protection and the rule. barriers was impractical for cranes
applicable requirements of 1926.500 moving along a track, as the barriers
and 1926.502 in subpart M. This Section 1926.1424 Work Area Control
would have to be continually reset.
provision supplements other applicable Section 1926.1424(a) addresses the These objections to the requirement
training provisions in 1926.1430 (see hazard of employees being struck, for barriers are not persuasive. First, the
discussion below of 1926.1430, pinched or crushed within the swing requirement for barriers is not a new
Training). As noted above, OSHA has radius of the equipments rotating requirement. Former 1926.550(a)(9)
made a conforming amendment to superstructure. Paragraph (a)(1) states required barricades to prevent
1926.500(a)(4) to make clear that the that the precautions in paragraph (a)(2) employees from being struck or crushed
fall protection training requirements in must be taken when there are accessible by the crane, including the swing radius
1926.503 of subpart M do not apply to areas in which the equipments rotating of the rear of the rotating superstructure.
fall protection systems used to comply superstructure (whether permanently or The railroad employers did not provide
with subpart CC. As a result, the temporarily mounted) poses a any evidence that they were unable to
training requirements applicable to reasonably foreseeable risk of either: (i) comply with the previous requirement.
1926.1423 are found exclusively in striking and injuring an employee; or (ii) Second, the rule already anticipates
1926.1423(k). pinching/crushing an employee against that for certain equipment a traditional
another part of the equipment or type of barrier might not be practical
General Comment another object. Paragraph (a)(1) is and instead permits the use of a barrier
OSHA received a comment from a adopted as proposed. that attaches directly to, and will move
safety association generally objecting to Included in 1926.1401, Definitions with, the equipment.
the adequacy of the fall protection of this rule is the definition for Finally, paragraph (a)(2)(ii) of this
required under this section. (ID0178.1.) upperworks, which CDAC identified section permits the employer to identify
The commenter stated that OSHA as a synonym for the term these hazard areas with warning signs
should reference certain ANSI/ASSE superstructure, used in the regulatory and high visibility markings on the
standards addressing fall protection in text of paragraph (a)(1) of this section, equipment when it is not feasible to
construction work, including: ANSI/ as well as the term upperstructure. erect a barrier on the ground or the
ASSE A10.322004, Fall Protection However, two commenters noted that equipment.
the proposed definition for Therefore, paragraph (a)(2) is being
104 That provision states: The employer shall upperworks did not take into promulgated as proposed.
instruct each employee in the recognition and consideration the fact that many rough- To prevent struck-by and crushed-by
avoidance of unsafe conditions and the regulations
applicable to his work environment to control or
terrain cranes have the engine mounted injuries and fatalities, paragraph (a)(3) is
eliminate any hazards or other exposure to illness in the carrier, or lower carriage of the designed to help protect employees who
or injury. crane, instead of the superstructure. must sometimes enter the hazard area to
perform work, by ensuring that there is of employees being pinched/crushed Paragraph (a)
adequate communication and between the equipment and being Paragraph (a) of this section requires
coordination between the operator and injured as a result of unintended the employer to use available hoisting
the employee in the danger area. movement or collapse when pieces of routes that minimize employee
Under paragraph (a)(3)(i), before an equipment collide. To prevent such exposure to hoisted loads to the extent
employee goes in that area the employee accidents, the proposal required the consistent with public safety. No
(or someone instructed by the controlling entity to coordinate the comments were received on this
employee) has to ensure that the operations of these pieces of equipment. provision; it is promulgated as
operator is informed that the employee In the event that there was no
proposed.
is going to that location. This is an controlling entity, the proposal required
essential first step in preventing the the employers operating the equipment Paragraph (b)
operator from moving the superstructure to institute a coordination system. Paragraph (b) of this section specifies
and causing injury to that employee. A commenter asked that that employees cannot be in the fall
This provision is adopted without 1926.1424(b) be deleted, or
zone when the equipment operator is
change from the proposal. alternatively, that an exemption be
not moving a suspended load, with
Paragraph (a)(3)(ii)(A) of this section created for employers in the home
limited exceptions as described in
of the proposed rule stated that the building industry. (ID0232.1.)
operator was prohibited from rotating paragraphs (b)(1)(3).
However, this commenter did not
Fall zone is defined in 1926.1401 as
the superstructure unless and until he/ provide evidence that equipment
she gave a warning that the employee in the area (including but not limited to
coordination is any less necessary on a
the hazard area understood as a signal the area directly beneath the load) in
residential job site than it is on other
that the superstructure was about to be which it is reasonably foreseeable that
construction job sites. Another
rotated. This was intended to give the partially or completely suspended
representative of the building industry
employee time to get to a safe area. materials could fall in the event of an
also objected to imposing obligations on
Alternatively, under proposed accident. The fall zone thus includes
a controlling entity, but did not
paragraph (a)(3)(ii)(B), the operator dispute the necessity of equipment both the area directly under the load as
could rotate the superstructure if he/she coordination on construction job sites. well as other areas into which it is
was informed, in accordance with a (ID0214.1.) CDAC concluded that the reasonably foreseeable that suspended
prearranged system of communication, controlling entity, to the extent there is materials could fall. For example, if
that the employee who was in the one, is in the best position to take wind is causing the load to swing, the
hazard area had moved to a safe responsibility for the coordination employer would need to consider the
position. required by paragraph (b). OSHA has extent to which the load is swinging or
Several commenters suggested that not been persuaded otherwise. may swing in determining the extent of
the compliance option in proposed Both commenters nominated the fall zone. Another example is where
paragraph (a)(3)(ii)(A) was insufficient members which served on the a bundle of materials is suspended, and
to guarantee the safety of the employee negotiated rulemaking committee. some loose materials at the top of the
in the hazard area. (See, e.g., ID0122.0.) Neither of their respective nominees bundle may slide off sideways. In such
A similar issue was discussed in dissented on these provisions during the a case those materials would foreseeably
connection with 1926.1404(e) of the negotiated rulemaking meetings and fall outside the area directly beneath the
final rule. Section 1926.1404(e) neither organization has explained why load.
addresses employees in the swing its position is different from that of its Paragraph (b)(1) permits employees
radius area or crush/caught-in-between nominated member. In light of this engaged in hooking, unhooking or
zone during the assembly/disassembly inconsistency, OSHA has given guiding a load to be within the fall zone
process. (See discussion of diminished weight to these comments. while engaged in these activities. No
1926.1404(e) for additional The CDAC language for proposed comments were received on this
information.) paragraph (b) did not address a situation paragraph; it is promulgated as
For the reasons discussed with regard in which only one employer is proposed.
to the issue raised under 1926.1404(e), responsible for the operation of multiple Paragraph (b)(2) permits employees
OSHA has removed proposed paragraph pieces of equipment. OSHA requested engaged in the initial attachment of the
(a)(3)(ii)(A) from this section, revised comment about revising the CDAC load to a component or structure to be
proposed paragraph (a)(3)(ii)(B), and language to make clear that such an within the fall zone. One example of
renumbered it paragraph (a)(3)(ii). employer would be required to institute this activity is: A subassembly of steel
Paragraph (a)(3)(ii) requires the a coordination system. No comments members is hoisted for attachment to a
operator to get information that the were received on this issue. OSHA has structure. When initially attaching the
employee has cleared the hazard area therefore revised paragraph (b) to lower portion of that subassembly, an
before rotating the superstructure. The address situations where one employer employee is within the fall zone of the
method of communication must be one is operating multiple pieces of load. In this example, the employee
that is pre-arranged. Examples of such a equipment, without a controlling entity engaged in the initial attachment of the
system are provided in the discussion of at the jobsite. subassembly to the structure would be
1926.1404(e) above. permitted to be within the fall zone; that
For a full discussion of CDACs Section 1926.1425 Keeping Clear of work cannot be done otherwise. No
the Load comments were received on this
rationale for the provisions in paragraph

(a), see the preamble to the proposed This section addresses the hazards paragraph; it is promulgated as
rule (73 FR 5980359804, Oct. 9, 2008). posed to employees from being struck or proposed.
Proposed paragraph (b) of this section crushed by the load. (See the preamble Paragraph (b)(3) allows workers to be
addressed situations where multiple to the proposed rule for a full discussion present in the fall zone when operating
pieces of equipment are located in such of CDACs rationale for the provisions a concrete hopper or concrete bucket.
proximity that their working radii in this section (73 FR at 5980559806, The employee operating the hopper or
overlap. Such situations pose the danger Oct. 9, 2008).) bucket is necessarily in the fall zone
since the hopper or bucket is suspended hazards that would otherwise occur Therefore, this paragraph is
while the employee operates the from going out on the truss to release a promulgated as proposed.
releasing mechanism. latched hook. Paragraph (c)(3) requires the use of a
One commenter suggested adding a OSHA received a comment from the qualified rigger 106 in the rigging of
requirement that there be a competent building industry requesting that the materials in the situations addressed by
supervisor for these operations and a exception permitting the use of J-hooks paragraph (c). Proper rigging reduces the
requirement for employee training for when lifting trusses be extended to risk for workers who must perform work
activities covered by paragraph (b)(3). lifting wall panels as well; it asserts that in the fall zone. No comments were
(ID0120.1.) However, that commenter the same additional exposure to fall received on this provision; it is
did not provide an explanation of how hazards would be present. (ID0232.1.) promulgated as proposed.
this would increase safety for the This commenter nominated a member
employee or any support for such who served on the negotiated Paragraph (d) Receiving a Load
additional requirements. Nor did the rulemaking committee. The member did Paragraph (d) prohibits all employees
commenter identify any reason why the not dissent during the negotiated except those needed to receive a load
activities covered by paragraph (b)(3) rulemaking to this provision. The from being in the fall zone when it is
would require different or additional commenter has not explained why it has being landed. No comments were
supervision or training requirements changed its position on this issue or received on this provision; it is
than the activities covered by why its current position differs from promulgated as proposed.
paragraphs (b)(1) or (b)(2). CDAC did that of its nominated member. In light
not recommend any additional of this inconsistency, OSHA has given Paragraph (e)
supervision or training requirements for diminished weight to its comment.105 Paragraph (e) concerns tilt-up and tilt-
paragraph (b)(3), and OSHA is not In addition, OSHA notes that there are down operations. In these operations,
persuaded that there is a safety two important distinctions between one end of a component, such as a
justification for deviating from CDACs setting roof trusses and setting wall precast panel, is either raised, tilting the
determination. Therefore, this paragraph panels. First, there is no need for a component up, usually from a
is promulgated as proposed. worker to be exposed to a fall hazard to horizontal position (often on the
A representative of the building detach a hook with a self-closing latch ground) to a vertical position; or
industry suggested in its comment that from a wall panel. Once the wall panel lowered, tilting the component down,
an exception should be added for has been set, a worker can readily reach usually from a vertical position to a
dedicated spotters and fall monitors. the hook from a ladder on the interior horizontal position on the ground or
(ID0232.1.) This marks a change from side of the panel. Second, wall panels other surface. Note that the
the position of that organizations typically often weigh more than wooden requirements in this paragraph do not
nominated representative during the roof trusses; they pose both struck-by apply when receiving a load.
negotiated rulemaking. (See discussion and crushed-by risks to workers if the As with any other suspended load, it
of this organizations comments under hook becomes prematurely detached is dangerous to be directly beneath the
paragraph (c) of this section.) CDAC from the load. Such unintended load because of the possibility of a
did not conclude that an exception for detachment is more likely to occur with failure or error that would cause the
spotters and fall monitors was a J-hook because it lacks a hook gate. load to fall or be accidentally lowered
warranted, and the NAHB did not One commenter suggested that the onto an employee. To minimize the risk
present evidence to persuade OSHA exception for J-hooks should include of such accidents, paragraph (e)(1) of
otherwise. OSHA defers to the expertise requirements for training and rigging. this section provides that no employee
of the Committee and this paragraph is (ID0218.1.) This commenter must be directly under the load during
promulgated as proposed. acknowledged that the use of J-hooks is a tilt-up or tilt-down operation. Section
prevalent in the industry, and indicated 1926.1401 defines directly under the
Paragraph (c) that the specialized training and rigging load to mean a part or all of an
Paragraph (c) of this section deals requirements it was proposing were employee is directly beneath the load.
with the work activities addressed in intended to protect the component No comments concerning this provision
1926.1425(b)(1) and (b)(2). These being lifted. The commenter did not were received; therefore, it is
requirements were necessary to ensure suggest that its proposed requirements promulgated as proposed.
employee safety, given the additional would enhance employee safety. While paragraph (e)(1) prohibits
risks posed while employees are employees directly under the load,
performing those tasks in the fall zone. 105 A further basis for according diminished
paragraph (e)(2) of this section provides
Paragraph (c)(1) requires that the load weight to this comment is that this commenter had
a direct channel for presenting its interests to the an allowance for employees to be in the
be rigged to prevent unintentional committeeits nominee memberand a fall zone (but not directly under the
displacement, so that workers in the fall presumptive ability to direct its members load), when those employees are
zone are less likely to be struck by negotiating position. When such an organization
essential to the operation during a tilt
shifting materials. No comments were submits negative comments to the proposed rule
opposing both its own members negotiating up or tilt down operation.
received on this paragraph; it is position and the committees consensus, it In the preamble to the proposed rule,
promulgated as proposed. undermines the negotiating process in a similar the Agency provided a list of activities
Paragraph (c)(2) requires the use of manner as when a member contravenes the ground
it determined to typically be infeasible
hooks with self-closing latches or their rules. The integrity of the negotiating process is
to do outside the fall zone and therefore
equivalent, to prevent accidental failure central to effectuating the purpose of the Negotiated
Rulemaking Act of 1990. an employee would be in the fall zone

of the hooks. However, the use of J The Agency also notes that, in future negotiated for these activities. The Agency
type hooks is permitted for setting rulemakings, one of the factors that it plans to requested public comment on whether
wooden trusses. This exception is consider in assessing nominations submitted by
there were additional activities that
designed to enable the truss to be organizations is whether the nominee can
demonstrate that he/she has documented authority
unhooked without the need for an to bind the organization to agreements and the 106 Section 1926.1401 defines a qualified rigger
employee to go out on the truss. This position the nominee takes in such negotiated as a rigger who meets the criteria for a qualified
avoids the additional exposure to fall rulemaking. person.
would be infeasible to do from outside Section 1926.1426 Free Fall and Paragraph (a)(1)(i) prohibits the use of
the fall zone, and whether it would be Controlled Load Lowering a live boom when an employee is in the
appropriate to add a definition of fall zone of the boom or load (see the
essential to the operation to the This section addresses the hazards explanation of fall zone in the
standard. that can arise from free fall of the boom discussion above of 1926.1425(b)).
One commenter responded, asserting (live boom) during lifts. Live booms are Section 1926.1425, Keeping clear of the
that the phrase essential to the those in which the rate of lowering can load, of this standard recognizes that
operation does not need to be defined. be controlled only by a brake; a failure there are some situations in which
(ID0205.1.) of the brake will result in a free fall (i.e., certain employees need to be positioned
No commenters disagreed with the unrestricted lowering) of the boom. In in the fall zone to perform their assigned
three scenarios listed in the preamble to contrast, for equipment that has a boom duties. However, when equipment with
the proposed rule describing instances that is not live, there is a mechanism a live boom is in use, the likelihood that
where an employee is essential to the or device other than the brake which an employee would sustain a serious
operation and must be within the fall slows the booms lowering speed. injury or be killed by a free fall is very
zone. However, one commenter The uncontrolled lowering of a boom high when an employee is in the fall
suggested adding to the list the activities could result in an accident which could zone of the boom or load.
of making initial connections and injure or kill workers in proximity to the Paragraph (a)(1)(ii) prohibits use of a
securing bracing. (ID0205.1.) load or hoisting equipment. This section live boom when an employee is being
OSHA believes that those two prohibits use of live booms in most hoisted by equipment. If a hoisted
additional tasksmaking initial circumstances. An exception is employee was dropped in an
connections and securing bracingfall provided in limited conditions that do uncontrolled fall, the likelihood of a
within part of the third scenario listed not pose hazards for employees with serious injury would be high.
in the proposed rule preamble (i.e., to respect to the use of older equipment No comments were received for
* * * initially attach [the load] to manufactured before October 31, 1984. paragraphs (a)(1)(i) or (ii); they are
another component or structure). See discussion in 1926.1426(a)(2)(i) promulgated as proposed.
For clarity, OSHA has decided to below. Paragraph (a)(1)(iii) as set forth in the
modify paragraph (e)(2) by adding the Additionally, this section specifies proposed rule, would have prohibited
operations listed in the proposed rule the circumstances under which free fall the use of a live boom where the load
and including the recommendation of of the load line is prohibited at or boom is directly over a power line,
the commenter. 1926.1426(d). or over any part of the area extending
One comment suggested that there Paragraph (a) Boom Free Fall the Table A of proposed 1926.1408
might be some conflict between the Prohibitions clearance distance to each side of the
NOTE in this section, 1926.1426, and power line. The diagram below
1926.1433(b)(4). The discussion of that Under paragraph (a)(1) of this section, illustrates a situation in which a load on
comment may be found in the portion the use of equipment in which the boom a live boom is over the area extending
of the preamble addressing 1926.1426 is designed to free fall is prohibited the Table A clearance distance to each
of the final rule. under six specified conditions. side of the power line:
As discussed above in relation to contact, those sections would require directly over the power line or Table A
1926.1407 through 1926.1411, equipment to maintain minimum clearance distance, but where the power
equipment making electrical contact distances from power lines. line or the Table A clearance distance is
with power lines is one of the primary In the proposed rule, OSHA within the fall path of the boom or load.
causes of equipment-related deaths on determines that there are circumstances This circumstance is depicted in the
construction sites and, to prevent such where neither the boom nor the load are following illustrations:
ER09AU10.000</GPH>
In Illustration A, neither the boom nor (live boom) where the power line or the employees have limited ability to escape
the load is above the power line or any Table A clearance distance is within the a free falling boom or load in a
part of the Table A zone. However, if the fall path of the boom or the load. cofferdam. However, cofferdams are
boom were to fall, the boom would cross Paragraph (a)(1)(iv) prohibits use of a typically much larger work spaces than
into the Table A zone. In Illustration B, live boom where the load is over a shaft. shafts, the fall zone of a falling boom or
neither the boom nor load is above the Employees in a shaft receiving a load load may only affect one part of the
power line or any part of the Table A are at high risk of death or injury from cofferdam. Therefore, this provision
zone. However, if the boom were to fall, a free falling boom as the shaft severely only applies when employees are in the
the load would cross into the Table A limits the ability to avoid the falling fall zone of the boom or load.
zone. boom. Because this hazard only exists OSHA noted an ambiguity in
OSHA requested comment in the when there is an employee in the shaft, proposed 1926.1426(a)(1)(v). The
proposed rule as to whether OSHA has specified in
exception referred only to the fall
1926.1426(a)(1)(iii) should be 1926.1426(a)(1)(iv) of the final rule
zone; OSHA determines thatto make
modified to also prohibit the equipment that the live boom prohibition only
this provision consistent with
from being positioned such that the fall applies when at least one employee is
1926.1426(a)(1)(i) (prohibiting the use
path of the boom or load would breach in the shaft. This language is different
of live booms when an employee is in
the Table A of 1926.1408 clearance from the language of
distance. This requirement was 1926.1426(a)(1)(v), regarding the fall zone of the boom or the load)
proposed to prevent the boom, hoist cofferdams, because a shaft is typically the words of the boom or load should
line, or load from contacting an a smaller work space than a cofferdam, be added to the language proposed for
energized power line and carrying the thus, a shaft under a load is necessarily 1926.1426(a)(1)(v).
electric current back through the in the fall zone of the boom or the load. Paragraph (a)(1)(vi) prohibits use of a
equipment. One commenter, in two Paragraph (a)(1)(v) prohibits free fall live boom for lifting operations in a
ER09AU10.002</GPH>
comments, agreed with the proposed of a boom when the load is over a refinery or tank farm. A free falling
change. (ID0052.0; 0092.1.) No cofferdam, except where there are no boom could strike pipes or a tank in a
commenters disagreed. employees in the fall zone of the boom refinery or tank farm. Such accidental
Therefore, OSHA has modified or load. Much like employees who must impact could cause a release of toxic
ER09AU10.001</GPH>
1926.1426(a)(1)(iii) to prohibit free fall receive a suspended load in a shaft, materials or conflagration. No comments
were received for this provision; it is changes in list and trim, which through (4), it is not considered a live
promulgated as proposed. sometimes necessitates that the operator boom for purposes of the limitations of
Paragraph (a)(2) of this section is the have a free fall boom system to (a) of this section. No comments were
exclusive list of conditions under which compensate for these effects. Non-live received on these provisions; they are
the use of cranes with live booms is systems are not fast enough for this promulgated as proposed.
permitted. CDAC found that cranes purpose. At the public hearing, a
with live booms can be used safely Paragraph (c) Preventing Uncontrolled
witness from the maritime industry said
under some circumstances and did not Retraction
that the unique tasks [associated with
determine that the cost of replacing or operating cranes on the water] have Paragraph (c) of this section requires
retrofitting all such equipment is often required and will continue to hydraulic telescoping booms (which are
justified as long as the use of live boom require a modification of existing cranes also referred to as hydraulic extensible
equipment is limited to these and derricks so that they can safely booms) to have an integrally mounted
conditions. However, none of the accomplish these specialized holding device to prevent the boom
conditions outlined in 1926.1426(a)(1) applications. (ID0345.41.) from retracting in the event of hydraulic
may be present. As a result, the Agency concludes that failure.
Paragraph (a)(2)(i) allows the use of there is no need to modify this The CDAC draft of this provision
equipment with a live boom if that provision; it is promulgated as stated that the purpose of this device
equipment was manufactured prior to proposed. was to prevent boom movement in the
October 31, 1984, and none of the One commenter suggested there is a event of hydraulic failure. OSHA
circumstances listed in conflict between the 1926.1426(a) determines that this language was
1926.1426(a)(1) are present. ANSI allowance for the limited use of free unintentionally broad in that it refers to
B30.5 first prohibited live booms in the falling booms and 1926.1433(b)(4) any boom movement. In the proposed
1972 version and reiterated the incorporation of the ASME standard rule, OSHA modified the language to
prohibition in the 1982 edition, which prohibition on the use of free falling state that the purpose of the integrally
was published on October 31, 1983, and booms. (ID0053.1.) mounted holding device is to prevent
became effective on October 31, 1984. Section 51.3.1 of ASME B30.52004 the boom from retracting in the event
OSHA concludes that manufacturers has a paragraph (b), which contains its of hydraulic failure and requested
would have begun to phase out live- own text, as well as two subsidiary public comment on this change.
boom equipment when ANSI first paragraphs, enumerated (1) and (2), Two commenters agreed with the
prohibited its use in 1972 and that few, each of which also contains text. The modification and no commenters
if any, live boom equipment would have ASME prohibition against live booms is disagreed. (ID0205.1; 0213.1.) The
been manufactured after October 31, in the text of paragraph (b) of ASME text of 1926.1426(c) is therefore
1984. Moreover, during this period, B30.52004 sec. 51.3.1. Free fall is not promulgated as proposed.
hydraulic hoisting equipment, the mentioned in subsidiary paragraphs Paragraph (d) Load Line Free Fall
design of which typically precluded (b)(1) or (b)(2) of ASME B30.52004 sec.
boom free fall even in its early designs, 51.3.1. Paragraph (d) of this section lists the
became more prevalent. Section 1926.1433 incorporates the circumstances under which free fall of
In light of these factors, the Agency concepts in only subsidiary paragraphs the load line hoist is prohibited, and
concludes that most equipment (b)(1) or (b)(2) of ASME B30.52004 sec. controlled load lowering must be used.
manufactured after October 31, 1984, 51.3.1; it does not incorporate the Free fall (of the load line) is defined
would not have live booms. Section portions of paragraph (b) of ASME in 1926.1401 to mean where only the
1926.1426(a)(2) thus allows the older B30.52004 sec. 51.3.1 that would brake is used to regulate the descent of
live boom equipment to be phased out conflict with 1926.1433. There is, the load line (the drive mechanism is
safely by restricting its use to situations therefore, no conflict between not used to drive the load down faster
in which none of the circumstances 1926.1426(a) and 1926.1433(b)(4). or retard its lowering). Free fall is
listed in 1926.1426(a)(1) are present. Paragraph 1926.1426(a)(2) is contrasted with controlled load
However, OSHA added a new provision promulgated as proposed. lowering, which 1926.1401 defines as
to this paragraph that considers live- lowering a load by means of a
boom equipment manufactured on or Paragraph (b) Preventing Boom Free mechanical hoist drum device that
after October 31, 1984, and meeting the Fall allows a hoisted load to be lowered with
requirements of paragraph (b) of this Paragraph (b) of this section maximum control using the gear train or
section, not to be subject to the establishes criteria for the boom hoist on hydraulic components of the hoist
limitations of paragraph (a) of this equipment with a boom designed to free mechanism. Controlled load lowering
section. OSHA considers such fall. Paragraphs (b)(1) through (b)(4) requires the use of the hoist drive motor,
equipment, when so modified, to be as specify the mechanisms or devices that rather than the load hoist brake, to
safe as any equipment modified under a boom hoist can utilize as a secondary lower the load.
the requirements of paragraph (b). means to prevent boom free fall when As with free fall of the boom, free fall
Paragraph (a)(2)(ii) allows use of a live the primary system fails. CDAC of the load line hoist presents a struck-
boom if the equipment is a floating determined that each of these were by hazard to employees. One difference
crane/derrick or is a land crane/derrick effective means of preventing boom free is that free fall of the load line
on a vessel/flotation device and none of fall, and OSHA agrees. The addition of endangers a smaller area than boom free
the circumstances listed in a listed secondary mechanism or device fall. When a boom free falls, its tip (and
1926.1426(a)(1) are present. The to prevent the fall of the boom changes any attached load) moves both
Committee found, and OSHA agrees, the characteristics of equipment downward and outward. Because the
that equipment used on the water designed with a live boom, decreasing load will be moving in at least two
commonly has a live boom because the the risk of injury to employees. directions simultaneously, the area that
dynamics of load transfer while on Therefore, if equipment has a boom will be affected by the fall is larger than
water (from side to side), as well as hoist with a secondary mechanism or the affected area from a load line free
unexpected wave action can cause rapid device listed in paragraphs (b)(1) fall.
In contrast, if a load line free falls, the necessary to perform their duties safely. The rulemaking record contains
load will tend to fall in a relatively In CDACs collective experience, additional support for CDACs
straight path downward (as long as the operator error plays a role in a conclusion. A study of crane accidents
boom is not being moved and the load significant percentage of fatal and other in California both before and after that
is not significantly affected by winds). serious crane accidents because State adopted a mandatory certification
Thus the area affected will typically be operators are not familiar with the requirement shows a significant drop in
smaller. As a result the prohibitions for precautions needed to protect against crane-related fatalities and injuries after
load line free fall are less than those hazards such as power line contact, the certification requirement went into
affiliated with boom free fall. No crane overloading and collapse, and loss effect on May 31, 2005. (ID0205.1.) For
comments were received on paragraphs of control of the load. CDAC concluded the three years prior to that date,
(d)(1) or (d)(2); they are promulgated as that a verified testing process is California experienced ten fatal
proposed. essential for ensuring that crane accidents, while in the next three years,
Proposed paragraph (d)(3) stated that operators have the requisite knowledge only two fatal accidents occurred. The
the use of load line hoist free fall is and skills and that requiring crane number of injury cases declined from 30
prohibited when the load is directly operators to successfully complete such to 13 over the same two periods. The
over a power line, or over any part of a process would be an effective and California data supports that from
the area extending the Table A clearance efficient way to reduce crane-related Ontario and demonstrates that
distance to each side of the power line. accidents. significant safety benefits can be
OSHA requested comment on whether In the proposed rule, OSHA noted expected from a requirement for third-
proposed 1926.1426(d)(3) should be that CDACs finding in this regard was party certification.
modified to also prohibit the equipment supported by a study conducted over a The rulemaking record also contains
from being positioned where the fall 34-year period (19692002) by the substantial evidence regarding the need
path of the load would breach the Table Construction Safety Association of for continued application of State and
A clearance distance. One commenter, Ontario that showed a substantial local laws. As several commenters
in two comments agreed with the decrease in crane and rigging fatalities explained, State and local licensing
change and no commenters disagreed. in Ontario beginning in 1979, when requirements are backed by the police
(ID0052.0; 0092.1.) mandatory training and certification power of that government. For example,
Since this modification is consistent requirements for Ontario crane New York law states that the operation
with the purpose of the provision, operators went into effect. (ID0009.) In of a crane without a valid license in
OSHA has included this revised the ten-year period from 1969 through New York City is a misdemeanor
language in the final rule; 1978, before Ontarios requirements punishable by fines and imprisonment.
1926.1426(d)(3) to prohibit load line went into effect, 85 Ontario construction (NYC Administrative Code 28405.1;
free fall where the power line or the workers suffered crane and rigging 28203.1.) Moreover, states have the
Table A clearance distance is within the fatalities, amounting to 8.5 per year, or power to revoke previously issued
fall path of the load. 19.8% of all construction fatalities in licenses under appropriate
Proposed paragraph (d)(4) stated that Ontario. In the 24-year period from 1979 circumstances. (ID0171.1.) In contrast,
load line free fall is prohibited when the through 2002, there were 51 crane and OSHAs enforcement of certification or
load is over a shaft or cofferdam. OSHA rigging fatalities, or slightly more than other qualification requirements would
noted that, unlike the prohibition two per year. For this period, crane and be limited in most cases to a citation to
against live booms in rigging fatalities equaled 9.6% of all an employer. Based on the record as a
1926.1426(a)(1)(v), proposed Ontario construction fatalities. In the whole, the Agency concludes that
paragraph (d)(4) contained no exception 12-year period from 1991 through 2002, cooperative Federal-State enforcement
regarding cofferdams in which there are the total number of crane and rigging will increase the effectiveness of the
no employees in the fall zone. OSHA fatalities was 9, or fewer than one per new standard. See also discussion of
requested comment on whether year. During this period, crane and federalism in section V.D of this
proposed 1926.1426(d)(4) should rigging fatalities amounted to 4.1% of preamble.
include the same exception included in total construction fatalities. This study The certification requirements in the
1926.1426(a)(1)(v). Two commenters supports CDACs conclusion that third- final rule are therefore designed to work
agreed with the modification and no party certification is an effective means in conjunction with State and local
commenters disagreed. (ID0205; of promoting safe crane operations.107 laws, and to afford employers several
0213.) Because the fall zone of a free options for ensuring operator abilities in
falling load line is typically a smaller 107 The Ontario system requires prospective or areas where there are no State or local
area than the fall zone of a free falling current crane operators (referred to in Ontario as operator licensing requirements. For
hoisting engineers) to either successfully
boom, the Agency is unaware of any complete an apprenticeship program or
operation of equipment within
reason to include the exception in demonstrate sufficient previous experience before jurisdictions where a State or locality
1926.1426(a)(1)(v) for live booms but seeking certification as a hoisting engineer. The licenses crane operators, and the
omit it for load free fall. Therefore, in apprenticeship program includes in-school training government entitys licensing program
in a number of topics determined by the Ministry
the final rule, OSHA has modified the of Education, a practical examination administered
meets certain criteria, OSHA is
language in proposed 1926.1426(d) by at Ministry-designated sites, and a written requiring operators (with the exception
separately addressing shafts and examination administered by the Ministry. Upon of operators that are employees of and
cofferdams, and adding an exception for passing this examination and proving completion of operating equipment for the U.S.
the requisite work hours, an apprentice receives a
the latter. certificate of qualification as one of three types of

military) to be licensed by that
hoisting engineer from the Ministry. (ID0010.) government entity. For operation in
Section 1926.1427 Operator other areas, employers will have three
Hoisting engineers already qualified elsewhere
Qualification and Certification must also obtain a certification from the Ministry
Introduction to operate cranes in the province. These candidates completing the number of work/training hours
must sit for the written examination and complete required by the apprenticeship program, to receive
Section 1926.1427 addresses the the practical skills assessment required for a certificate of qualification from the Ministry in
safety problems that result if equipment qualification of apprentices, but may demonstrate one of the three hoisting engineer categories. (ID
operators lack the knowledge and skills sufficient previous experience instead of 0011.)
options for certification or qualification Many commenters and witnesses at requirements would not improve safety
of their operators. Each of these options the public hearing expressed support for more than having trained, qualified
will be explained and discussed in the proposed rules approach of operators because many of the operators
detail below. They are: requiring third party verification of an in recent accidents were certified. (ID
1. Be certified by passing an operators qualifications and for the 0151.1.) The commenter also questioned
examination administered by an range of options presented. A national whether sufficient analysis had been
accredited testing organization. safety organization expressed support done to show that the proposed
2. Be qualified through the employers for the provision to ensure qualification requirements would improve the safety
in-house, but independently audited, and certification of operators. (ID of crane operations. This commenter
testing program. 0178.1.) A trade association stated that believed that the current requirement
3. Be qualified by the United States third party oversight was critical to ( 1926.20(b)(4)) for equipment
military. create an effective and legitimate testing operators to be qualified by training or
While OSHA is requiring compliance process and to ensure that the training experience was sufficient. A witness
with State and local licensing laws portion did not have undue influence from a similar trade association
immediately upon the effective date of on the testing process. (ID0205.1.) expressed a similar view, stating that
this standard in recognition of the Similarly, another commenter training, not certification, is the answer
existing force and effect of those laws, supported the proposed Q/C to safe crane operations. (ID0343.)
OSHA is not requiring certification or requirements, emphasizing the A representative of the building
qualification under the three options importance of independent certification industry thought the requirements were
listed above until four years from the of an operators skill and knowledge by too restrictive and stated that OSHA
effective date of this standard. an accredited nationally recognized failed to show that the limited
Moreover, there are limited exceptions third-party entity or organization. (ID requirements would substantially
to all of the licensing and certification 0169.1.) Similar views were expressed reduces the risk of accidents while other
requirements, as specified in by other commenters. (ID0158.1; alternatives would not. (ID0232.1.) The
1926.1427(a). Even after the four-year 0160.1; 0173.1; 0192.1; 0196.0; commenter asked that its members have
phase-in period of the general 0211.1; 0212.1; 0220.1; 0225.1; the option to self-evaluate their
certification requirements, OSHA will 0228.1; 0241.1.) operators after they have gone through
continue to allow non-certified A number of witnesses at the public a specified training program in lieu of
operators to operate the equipment as hearing also supported the proposed the third-party certification that would
operators-in-training in accordance with requirement for third-party verification. be required under proposed Option (1)
1926.1427(f), discussed below. A representative from a crane rental of this section for cranes of less than 35
Of the three options available in the company said that, although they incur ton capacity with a boom length no
absence of State or local licensing laws, additional cost to prove certification, greater than 120 feet. A witness who
Option (3) of this section is available they consider that cost an investment in appeared on behalf of the commenter
only to the United States military for the safety of their employees. (ID0344.) criticized the proposal for imposing the
qualification of its employees. Further, A major crane user observed both same requirements on employers
as discussed below, a number of certified and non-certified operators and engaged in residential construction as
commenters stated that Option (2) of found that the certified operators those in commercial construction and
this section was not viable for many operated far more safely because of the said training and certification
employers. However, Option (1) of this more comprehensive training required requirements should be crane and
section is available to all employers and to become certified. (ID0344.) industry specific. (ID0341.)
will be the one that is most widely used. An insurance company representative Another trade association similarly
Therefore, most of the public comments and former crane operator stated that his recommended that its members be given
and evidence presented at the hearing company believes that employers who the ability to self-certify their operators.
addressed Option (1). certify their operators have fewer (ID0218.1.) A small business
At the hearing, a witness for an accidents and that, as a result, his firm representative asked OSHA to assess
accredited testing organization testified offers companies it insures a ten percent whether it is feasible to allow small
that the certification process embodied discount if they have their operators employers to self-certify that an
in Option (1) originated in the 1990s certified. (ID0343.) The representative operator is trained and competent to
when private industry groups began an believed that the cost of certification operate the equipment and perform the
effort to improve crane safety. The was modest when compared to the cost tasks being conducted.108 (ID0147.1.) A
witness explained that the industry of accidents. (ID0343.) A representative
trade association suggested that OSHA
representatives involved with the from a crane rental company testified
consider the feasibility of allowing
organization are drawn from such that preparing for the certification
small employers to self-certify that
groups as contractors, crane rental firms, process allowed his company to
their operators are trained and
labor unions, owners, steel erectors, improve their operators knowledge and
competent to operate the equipment and
manufacturers, construction firms, ability to operate cranes safely. (ID
perform their assigned tasks. (ID
training consultants, and insurance 0343.) A representative from a steel
0187.1.) Another trade association
companies. (ID0343.) The witness also erection company agreed that
believed that mandatory self-
explained that exam management certification is important to both
certification was a feasible option for
committees meet throughout the year to insurance companies and employers
operators of what it characterized as
ensure the continuing fairness and
because certification gives employers

light-duty cranes used by its members.
integrity of the testing process. Finally, peace of mind and reduces insurance
(ID0189.1.)
the witness explained that certification costs. (ID0344.) An energy association argued that
promotes safety by ensuring that the Some commenters and witnesses
firms engaged in wind turbine
training an individual has received has opposed the proposed rules
succeeded in giving that individual the requirement for qualification or 108 The commenter, however, also acknowledged
knowledge and skills to operate a crane certification of operators. A trade that there are small businesses that are in favor of
safely. (ID0343.) association commented that the third-party certification. (ID0147.1.)
construction should be permitted to training rather than certification. But Ontario study, though not peer-
self-certify their crane operators. (ID training alone is insufficient without a reviewed, is the best available
0329.1.) The commenter stated that means of verifying that each operator statistical data showing the efficacy of
construction of wind turbines requires understands the training well enough to third-party operator certification. The
the use of the largest and most complex operate safely and is sufficiently skilled California study is similarly supportive
cranes available, and that some of its to implement what he/she has been of the CDAC conclusions.
members had found that some operators taught. As Graham Brent, Executive In other respects as well, OSHA has
certified by NCCCO were not truly Director of NCCCO put it at the hearing, complied with the Department of
qualified to operate those cranes. It [c]ertification * * * is an employers, Labors Information Quality Guidelines.
therefore believed that firms in its as well as the general publics, best The guidelines state that [t]he goal of
industry should be able to self-qualify assurance that the required training has a safety risk analysis is to describe the
their crane operators, but objected to the not only been effective, but that learning numbers, rates, and causal nature of
need for employers in its industry who has taken place during the training injuries related to the safety risks being
use Option (2) of this section to be process. (ID0343.) OSHAs current addressed. To meet this goal, OSHA
required to use the services of an training standard has not prevented the historically has relied on injury and
auditor. The commenter said it did not high number of crane-related fatalities illness statistics from BLS, combined
believe that there would be properly and serious injuries that have been with incident or accident reports from
trained and qualified people available to occurring as a result of improper enforcement activities, incident or
audit the wind industry. Instead of operation. accident reports submitted to the record
requiring auditors, the commenter OSHA acknowledges that many from the private or public sectors,
suggested that OSHA add to the find employers have effective training testimony of experts who have
rule additional, detailed criteria that an programs and highly competent crane experience dealing with the safety risks
employer-sponsored program must operators. However, the rulemaking being addressed, and information and
contain to be acceptable. record shows that a training data supplied by organizations that
OSHA rejects the suggestions of the requirement alone is insufficient to develop consensus safety standards.
commenters who argued that employers ensure that crane operators have the In developing the proposed rule, and
should have the option of determining requisite level of competence. This was in issuing this final rule, OSHA has
that their operators are qualified the opinion of the members of CDAC relied on these types of evidence,
without any form of third-party and is shared by many of the members including studies based on BLS
verification. Based on the rulemaking of the public who commented on the statistics and OSHA enforcement
record, OSHA is persuaded that the proposed rule and who testified at the reports, as well as incident reports from
third-party requirements in the public hearing. specific enforcement cases. (See 73 FR
proposed rule are an essential element A representative of the building 5971959723, Oct. 9, 2008.) On the
in improving crane safety. The members industry objects to OSHAs reliance on specific question of the need for third-
of CDAC, who had vast collective the study by the Construction Safety party verification of a crane operators
experience in all aspects of crane Association of Ontario, saying that it qualifications, OSHA has relied
operations, reached a consensus (with does not meet statutory and regulatory primarily on the opinions of experts
two members dissenting) 109 that third- information quality standards, including with vast experience in crane operations
party verification was needed to reduce the Department of Labors Information and the hazards presented by crane use,
the number of crane accidents and Quality Guidelines.111 (ID0232.1.) including the members of CDAC and
fatalities in the construction industry. First, OSHA notes that the Ontario construction industry employers who
Their consensus was supported by a study is only part of the record evidence appeared at the public hearing. OSHA is
number of commenters, including some on which the Agency relies in persuaded that third-party verification
employers who have already had their promulgating this standard. In the will significantly reduce the number of
operators certified through a third-party preamble to the proposed rule, OSHA crane-related injuries and is confident
process and have found certification to stated that the Ontario study that the information on which it relies
be a useful and cost-effective means of buttressed CDACs experience and to set this standard is reliable, the best
promoting safety.110 The reliance of the conclusions regarding the need for available, and meets the Departments
insurance industry on third-party independent testing of operator ability guidelines.
verification as such an indicator of (see 73 FR 59810, Oct. 9, 2008). Second, A trade association also questioned
reduced risk that it warrants reduced OSHAs reliance on that study does OSHAs reliance on the Ontario study,
premiums, is further evidence of its comply with the Departments suggesting that Ontarios ability to issue
value. Moreover, the fact that safety- guidelines. Appendix II of the citations to employees is the likely
conscious members of private industry guidelines addresses the information cause of Ontarios decrease in fatal
voluntarily helped to develop a third- quality principles on which OSHA crane accidents. (ID0151.1.) OSHA
party certification process before there relies in setting health and safety notes, however, that the Construction
was a government mandate to do so is standards. For safety standards, such as Safety Association of Ontario attributed
further evidence that certification this rule, OSHA must use the best the decrease to increased operator skill,
promotes safety. available statistical data from surveys of not employee citations. (ID0009.)
As discussed earlier, a number of fatalities, injuries, and illnesses, and the OSHA determines that the Construction
commenters urged OSHA to require best available peer-reviewed science Safety Association of Ontario was well-
positioned to evaluate why Ontario was
and supporting studies that describe the

109 As explained in the Introduction, under C nature of the safety risks being able to achieve a dramatic reduction in
DAC ground rules, a consensus was reached on addressed. OSHA determines that the crane-related fatalities and accepts its
an issue if there were no more than two non-Federal opinion on the question. Moreover, the
dissenters. 111 Guidelines for Ensuring and Maximizing the
employee citations permitted under
110 It is also supported by the data from Ontario
Quality, Objectivity, Utility, and Integrity of Section 66 of Ontarios Occupational
and California showing that third-party certification Information Disseminated by the Department of
can significantly reduce crane-related fatalities and Labor, (Oct. 1, 2002), available on the Department Health and Safety Act did not take effect
injuries, discussed below. of Labors Web site. until 1990. These employee citations
appear to function primarily as a commercial/industrial construction may resort to third-party verification. Others
deterrent to non-compliance with simply reflect lower crane usage in suggested expanding the range of
Ontarios construction safety standards, residential construction. A witness who options available to the employer, in
as opposed to the operator certification appeared on behalf of the commenter at particular allowing accredited
requirements that are intended to verify the public hearing, testified that cranes educational institutions to certify
knowledge and skills necessary for safe are typically used on a residential operators. These comments will be
operation. In that regard, the civil fine construction project between two and discussed below in the sections of the
provisions are similar to the licensing six hours to lift objects like roof and standard that address the issues raised
requirements (separate from floor trusses. (ID0341.) The witness by the commenters.
certification) that Ontario had required noted that for commercial construction,
Paragraph (a)
prior to 1979. There is no indication in a crane might be on the job from six
the record that the fines provided a months to two years. (ID0341.) In light In the final rule, paragraph (a) of this
greater level of deterrence than the of the brief percentage of time cranes are section specifies that the employer must
governments pre-existing authority to used in residential construction ensure that the operator of any
sanction an individual operator through compared to the percentage of time they equipment covered under 1926.1400,
the revocation of an operators license. are used in commercial construction, it with certain listed exceptions, is either
The representative of the building would be expected that the percentage qualified or certified to operate the
industry claimed that the rate of of accidents they cause will similarly be equipment in accordance with the
accidents resulting from crane use in the lower even if, while they are on the job, provisions of this section or is operating
residential construction industry is too they present the same or even a higher the equipment during a training period.
low to justify requiring homebuilders to degree of risk.112 Paragraph (a)(1) requires compliance
comply with the qualification/ OSHA also rejects the commenters with State and local operator licensing
certification requirement in the suggestion that homebuilders should be laws. For areas where State or local
proposed rule. The commenter permitted to self-certify their crane licensing is not required, paragraph
conducted a study, using fatality data operators. The commenter states that the (a)(2) requires employers to use one of
from the Bureau of Labor Statistics, vast majority of the building the three options listed above to certify
which, according to the commenter, associations single-family home or qualify their operators. Paragraph
showed that 13 out of 1385, or slightly builders are very small, with 61% (a)(3) provides exceptions from all of
less than 1%, of fatalities in the building ten homes or fewer. The 1926.1427s certification and
residential construction industry from witness stated at the hearing that the qualification requirements for operators
20032006 were crane-related. (ID home building industry has many small of certain equipment, regardless of
0232.1.) Because this percentage is operations and a few very large players. whether State or local governments have
substantially less than the more than (ID0341.) In OSHAs experience, most licensing requirements for operators of
8% of all construction fatalities that small construction firms would not have that equipment.113
were found to be crane-related in the the expertise to develop or administer Paragraph (a)(1) Compliance With
Beavers study, the commenter suggests the types of tests necessary to reliably State and Local Licensing Requirements
the risk of serious injury from the assess operator ability (see the
smaller truck mounted telescopic boom discussion of the criteria applied by The proposed rule included a fourth
cranes used in residential construction nationally recognized accrediting option to satisfy the operator
is substantially less than the risk of entities to accredit certification certification/qualification requirements
injury from large lattice boom and tower organizations). of 1926.1427: qualification through a
cranes used in commercial/industrial OSHA also does not conclude that government entity with a licensing
construction. The commenter stated that such companies typically possess the program meeting certain criteria.
a copy of its study was attached to its expertise to establish and implement the Several states submitted comments on
comment and is available on its Web sophisticated type of training program the proposed rule urging the Agency to
site. (ID0232.1.) In fact, a copy was not that the commenter suggests should be preserve State and local operator
attached to its comment. OSHA has required for employer self-certification. licensing laws. Some of these concerns
located a document on the commenters (ID0232.1.) The same problem exists are addressed in the discussion of
Web site entitled Residential throughout the construction industry, preemption under federalism in section
Construction Fatalities, 20032006 that which includes numerous small firms. V.D of this preamble. Two of those
describes the causes of fatalities in Furthermore, as found by CDAC, commenters, each with its own
residential construction, but has found independent testing is essential to statewide crane operator licensing
nothing in that document to support the ensure that operators have in fact requirements, specifically requested that
commenters claim that only 13 of those attained the knowledge and ability the OSHA mandate compliance with State
fatalities were crane-related. training is supposed to impart. requirements for crane operations
Nevertheless, even if the commenter A number of commenters suggested within the jurisdiction of those states
could support its claim of 13 crane- that the proposed requirements should (with the exception of operators who are
related fatalities, its conclusion that be modified in various ways. Some employees of the U.S. military). (ID
cranes present little risk of serious suggested exempting certain equipment 0171.1; 0237.) Three State governments
injury in residential construction does from the qualification/certification argued persuasively that if government
not follow. First, OSHA determines that requirement or requiring a form of licensing was presented merely as an
13 crane-related fatalities in qualification/certification that the option, rather than required, many
homebuilding in a four year period is employer could implement without employers would simply by-pass these
significant and well worth trying to
reduce. Moreover, the commenters 112 Mr. Behlman testified that overhead power 113 These State and local licensing requirements
comparison of percentages is not lines are very seldom found on residential sites. would remain in effect. See discussion of
(ID0341.) However, the document on NAHBs Web preemption of State and local law under federalism
persuasive. The fact that a smaller site showing the causes of residential construction in section V.D of this preamble. OSHA is simply
percentage of fatalities are crane-related fatalities from 2003 to 2006 attributes 76 fatalities choosing not to require compliance with any such
in residential construction than in to contact with overhead power lines. licensing requirements for that equipment.
licensing requirements in favor of less discussed during the hearing in the also consistent with the approach of
stringent, portable private certification context of comments requesting OSHA other agencies. (See, e.g., Department of
options. (ID0171.1.) One State to make the government licensing Transportation regulations requiring
government also noted that some states mandatory. State licensing of commercial drivers,
have proven, reliable licensing The preamble to the proposed rule discussed in the preamble to the
procedures already in place. Where noted CDACs opinion that some States proposed rule at 73 FR 59810, Oct. 9,
State and local licensing departments or have effective, reliable, licensing 2008.)
offices are already well established and procedures (73 FR 59814, Oct. 9, 2008).
The preamble to the proposed rule also Paragraph (a)(2) Options for
staffed, and are already preventing Certification or Qualification Where
deaths or serious injuries through the specifically cited the Department of
Transportations requirement that License Not Required by a Government
use of effective licensing procedure, Entity
there is little support in the record for commercial drivers also carry State
disturbing them. drivers licenses issued in accordance As noted above, where a State or local
In light of the commenters with Federal standards (73 FR 59810). license is not required, employers have
compelling arguments and the policy The DOT licensing was provided as an three choices for certification of
considerations noted above, the Agency example of how State licensing, when operators. Those choices are set out in
is convinced that the governmental required as part of a general Federal paragraphs (b) through (d) of this
licensing requirements should be compliance scheme, has been used in section and discussed in detail below. It
mandatory, rather than optional. In the past to prevent fatal and other is important to note that these options
response, the Agency is revising serious accidents that result when will not satisfy the requirements of
paragraphs (a) and (e) of 1926.1427 to operators lack the knowledge and skills 1926.1427 for operation of equipment
mandate compliance with State and needed to operate safely. Id. The only within a State or local governments
local operator licensing laws that meet other example of successful third-party jurisdiction when that government
a Federal floor established in certification provided as a basis for the entity has its own licensing
paragraphs (e)(2) and (j) of this certification requirement was another requirements that satisfy the criteria in
section.114 government licensing requirement: paragraphs (e) and (j) of this section.
This mandatory compliance is set Ontarios licensing requirements for Paragraph (a)(3) Exceptions
forth in the introductory text of crane operators. Id. The combination of
OSHAs exclusive reliance on these The exceptions in the proposed rule
1926.1427(a)(1) and paragraph (a)(1)(i).
examples and the government licensing were for types of equipment that are
OSHA has added 1926.1427(a)(1)(ii) to
provision in proposed 1926.1427(e) specifically excluded from the
clarify that employees of the U.S.
provided clear notice that the qualification/certification requirement
military who have been certified or
government licensing provision might under sections of this standard that
qualified to operate equipment pursuant
develop along the lines of the examples. pertain to that equipment, including
to 1926.1427(d) would not also be
While several commenters submitted derricks (see 1926.1436), sideboom
required to obtain an operators license
comments supporting mandatory cranes (see 1926.1440), and equipment
from a State or local government for
compliance with government licenses, with a rated hoisting/lifting capacity of
construction work on behalf of the
thereby indicating that at least these 2,000 pounds or less (see 1926.1441).
military employer. By requiring
parties viewed the mandatory A labor representative pointed out
compliance with State and local laws,
compliance as a possible outcome of the that the exception in 1926.1441
the Agency is also complying with
rulemaking, none of the commenters applies to equipment with a maximum
Executive Order 13132, which urges
objected to the government licensing manufacturer-rated hoisting/lifting
agencies to preserve the full force and
provision or questioned the validity of capacity of 2,000 pounds or less, and it
effect to State and local laws. (See 64 FR
their tests. The Agencys choice to make asked that this same language be used
43225, Aug. 10, 1999.)
compliance with paragraph (e) in 1926.1427(a) to avoid suggesting
This decision is a logical outgrowth of
mandatory, rather than optional, flows that the exception might apply to larger
the proposal. The proposal identified a
logically from the proposal, the equipment when it is configured to have
significant safety risk from improper
comments, and the discussion at a rated capacity of 2,000 pounds or less.
operation of equipment and proposed
hearing. See National Mining Assn v. (ID0341.) OSHA agrees that the
certification requirements as a means of
Mine Safety and Health Admin., 512 suggested change better reflects the
addressing that risk. Governmental
F.3d 696, 699 (DC Cir. 2008) (noting that intent of the provision and has modified
licensing of crane operators has existed
the logical outgrowth test takes into the language of 1926.1427(a) in the
alongside OSHAs prior crane rules at
account the comments, statements and final rule by replacing the word rated
former 1926.550 for many years, and
proposals made during the notice-and- with maximum rated. OSHA notes
CDAC made them a significant
comment period). that this change does not change the
component of the proposal without any
The Agencys decision to mandate substantive requirements of the rule in
indication that the new standard would compliance with State and local laws is any manner.
exempt employers from compliance not new. OSHA already relies on State A number of commenters asked that
with those laws. The government licensing requirements in its respirator additional types of equipment or
licensing provision was the subject of a standard when it provided for a activities be exempted from
number of comments, and was licensed health care professional to 1926.1427s qualification/certification
114 This Federal floor refers to the minimum

perform a medical evaluation of an requirement.
requirements for license tests in 1926.1427(e)(2),
employees ability to use a respiratory A utility company recommended that
and the minimum knowledge and skills that must (see 1910.134(e)). This portion of the cranes of 10,000 pound capacity or less
be tested as set forth in 1926.1427(j)(1) and (j)(2). standard was challenged and upheld in be excluded on the basis that most uses
Employers would not be required by OSHA to American Iron Steel and Steel Institute of these cranes are highly repetitive and
comply with State or local government entity
licensing requirements that do not meet this
v. OSHA, 182 F.3d 1261, 1278 (11th Cir. predictable. (ID0144.1.) A trade
Federal floor, but States and local governments 1999). OSHAs choice to mandate association suggested exempting cranes
could still seek to enforce their own laws. compliance with State or local law is rated at less than 10 or 15 tons from the
requirement. (ID0191.1.) It said that ranging from 4 to 600 ton capacity, and should be created for cranes that are
these types of cranes are often used to in his experience the majority of typically used for repetitive,
deliver products to a jobsite or to place accidents that his customers predictable, intermittent, or light use.
small rooftop HVAC units on low rise experienced when they rented cranes The principal difficulty with this
buildings, and that they are used for but provided their own operators suggestion is that the underlying causes
simple lifts of relatively light loads. This occurred with cranes rated 35 tons or of crane-related fatalities and injuries
commenter also requested that OSHA less. (ID0344.) He was aware of are not necessarily diminished in such
add a less restrictive certification level accidents on residential construction situations. For example, the presence of
for cranes rated less than 30 tons, which sites that resulted from operating on power lines presents an electrocution
it said are less complicated to assemble unsuitable ground, not setting the hazard in all situations, irrespective of
and set up and are used during low outriggers properly, and lifting too how the equipment is used. Proper
risk lifts. heavy a load for the cranes ground conditions, which can change
Another trade association suggested configuration, deficiencies that he during crane use, are also as necessary
that the threshold for requiring attributed to operators who did not for those types of uses as others, and all
qualification/certification should appreciate the hazards involved. (ID cranes can be overloaded if operated
exclude the 5,000 to 10,000 pound 0344.) improperly. The knowledge and skill
capacity cranes that its members OSHA has carefully considered the needed for attaining operator
typically use. (ID0189.1.) It said that comments asking for additional types of qualification/certification under this
this equipment is relatively simple to equipment to be exempted from the section is a prerequisite for being able
operate, that the signs its members qualification/certification requirements to successfully address these and other
install rarely exceed 2,000 pounds, and of 1926.1427. For the following hazards.
that the equipment is used reasons, OSHA declines to add such Furthermore, while an employer may
intermittently on the job and only for exemptions to the final rule. initially plan to use a crane in a
brief periods of time. The members of CDAC, who had repetitive or otherwise predictable
A third trade association believes that vast collective experience in all aspects manner, or to handle light loads,
the size and scope of the lifts its of crane operations, reached a unforeseen circumstances can arise that
members make do not justify the consensus that third-party verification can alter those plans. Wind, which can
qualification/certification requirements was needed to reduce the number of arise unexpectedly during a lift, can
in the proposed rule and suggested crane accidents and fatalities in the dramatically decrease the capacity of a
alternative requirements for its members construction industry. They further crane and increase the difficulty in
when they operate cranes of less than 35 determined that such a requirement properly handling the load; a previously
ton capacity with a boom length no should apply to virtually all hoisting repetitive lift can change
greater than 120 feet. (ID0218.1.) They equipment, with only the limited unexpectedly when rain causes the
ask that their members have the option exceptions listed in the proposed rule. ground supporting the crane to become
to self-evaluate their operators after they In proposing to exempt equipment with muddy and less able to support the
have gone through a specified training a rated capacity of 2,000 pounds or less, crane; a rigging problem may arise
program instead of the third-party the Committee considered whether to during one of the repetitive lifts,
certification that would be required establish a higher threshold for the which could cause unexpected load
under proposed Option (1). A requirement but concluded that the control problems during the lift; and
representative of the building industry operators of higher-capacity cranes, hoisting a light load at a low boom
made a similar recommendation for including those in the 5,00035,000 angle can pose similar overturning
cranes of less than 35 ton capacity with pound range that the commenters ask to hazards to hoisting a heavy load at a
a boom length no greater than 120 feet. be exempted, needed to be well- high boom angle. Nor are there fewer
(ID0232.1.) A small business qualified to reduce the number of crane-related hazards when a worker
representative suggested that OSHA accidents involving such cranes. operates a crane only intermittently. For
consider exempting some small cranes Ultimately, CDAC included the 2,000 example, that operator on one of those
(based on vehicle weight or boom pound cutoff to parallel ANSI B30.5 in occasions may have to run the crane
length) or routine lifts. (ID0147.1.) this regard (see 73 FR 59841, Oct. 9, near power lines, in the blind, with
A witness for a labor representative 2008). uneven winds, or at a low boom angle;
testified in opposition to excluding The rulemaking record shows that in such cases (as in many others) he/she
equipment rated over 2,000 pounds by many of the same hazards presented by needs to be as fully capable as an
the manufacturer. He stated that some larger cranes are present for cranes in operator who runs the crane regularly.
low-capacity cranes have long booms this capacity range, including operating
and are used to lift loads to great in proximity to power lines, the Paragraph (a)(4)
heights, particularly when there is not potential for collapse if the crane is The Agency is adding this paragraph
sufficient space for a larger crane. (ID overloaded, and the need for adequate to the final rule to clarify that operator
0341.) According to the witness, safety ground conditions to ensure the cranes certification or qualification as required
concerns presented by low capacity stability during operation. As a labor under this section must be provided at
cranes with a long boom are as serious representative testified, these smaller no cost to employees who are already
as the concerns presented by high cranes may be used in tight spaces employed by the employer on
capacity cranes. (ID0341.) He added where larger cranes cannot be used. An November 8, 2010. This clarification is
consistent with the Agencys revision of
that the danger of power line contact operators loss of control of the load in
was present regardless of the capacity of a tight space would present a serious the training requirements throughout
the crane. safety hazard, and the potential for subpart CC to expressly state that
A representative from a crane rental operating in tight spaces highlights the employers must provide all training at
company also testified against need for operators of even relatively no cost to employees. The clarification
exempting low-capacity cranes from the low-capacity cranes to be highly skilled. is consistent with the Agencys
qualification/certification requirement. OSHA also rejects the suggestions by treatment of costs for operator
His company had a fleet of cranes some commenters that exemptions qualification and certification in the
preliminary economic analysis provided competence is a well-established accrediting agencies are ANSI, NCCA,
in the preamble of the proposed rule. practice. For example, for a number of and any other organization designated
(See, e.g., 73 FR 59895, Oct. 9, 2008 years, the National Commission for by OSHA as competent to accredit
(operator certification training treated as Certifying Agencies (NCCA), the testing organizations.
cost to employer).) accreditation body of the National These commenters are concerned that
Based on the testimony of several Organization for Competency Assurance an organization that applies
witnesses at the hearing, OSHA (NOCA), has accredited testing insufficiently stringent accrediting
concludes that imposing the operator organizations in a wide variety of fields, criteria might claim to be a nationally
qualification and certification costs on including those that provide crane recognized accrediting agency and
the employer will not be overly operator certification. (ID0021.) Also, accredit testing organizations that are
burdensome to the employer. At the in 2003, the American National less competent than those accredited by
hearing, a representative from a crane Standards Institute began accrediting NCCA and ANSI.
rental company said that, although his personnel certification entities. (ID OSHA determines that the
company incurs additional cost to 0022.) commenters are correct in suggesting
provide certification, his company Under 1926.1427(b)(1)(i), for a that some additional specificity is
considers that cost an investment in the testing organization to become needed in the definition to ensure that
safety of their employees. (ID0344.) An accredited, the accrediting agency must only entities using sufficiently stringent
insurance company representative and determine that the testing organizations accrediting criteria are included. In the
former crane operator stated that the written testing materials, practical preamble to the proposed rule, OSHA
cost of certification was modest when examinations, test administration, identified two organizations that it
compared to the cost of accidents. (ID grading, facilities/equipment and determined were examples of a
0343.) This witness also stated that his personnel meet industry recognized nationally recognized accrediting
company believes that employers who criteria. The accrediting agency must agencythe National Commission for
certify their operators have fewer determine that the written testing Certifying Agencies (NCCA) and the
accidents and that, as a result, his firm materials and practical examinations are American National Standards Institute
offers companies it insures a ten percent well designed and sufficiently (ANSI) (see 73 FR 59811, Oct. 9, 2008).
discount if they have their operators comprehensive that an individual who No commenters have suggested that
certified. (ID0343.) A representative achieves a passing grade has these are inappropriate examples of this
from a steel erection company agreed demonstrated the skills and knowledge term. Therefore, to provide greater
that certification is important to both needed to operate the equipment safely. specificity, OSHA has modified the
insurance companies and employers The accrediting agency must also language used in the proposed rules
because certification gives employers determine that the testing organizations definition to include references to
peace of mind and reduces insurance administration and grading ensure the NCCA and ANSI as examples of
costs. (ID0344.) integrity of the test so that the organizations that meet the final rule
In light of the need for clarification individuals grade truly represents the definition in 1926.1401.
and witness support at the hearing, knowledge and skill level of that Section 1926.1427(b)(1)(ii)(A)
OSHA is adding new paragraph (a)(4) to individual. specifies that the written and practical
this section of the final rule. A safety association believed that the tests administered by the testing
criteria for accrediting agencies in organization must, at a minimum, assess
Paragraph (b) Option (1): Certification the knowledge and skills listed in
proposed 1926.1427(b)(1)(i) were not
by an Accredited Crane Operator 1926.1427(j)(1) and (2). Those
sufficiently rigorous and suggested
Testing Organization subjects are discussed below under
replacing that paragraph with a
As noted above, the proposed rule paragraph that required the nationally 1926.1427(j).
provided four options for a crane recognized accrediting agency to use Paragraph (b)(1)(ii)(B) provides that
operator to be qualified or certified. certification criteria equal to or greater the testing organization must provide
Option (1) of this section, in which the than that of the National Commission of different levels of certification based on
employee becomes certified to operate Certifying Agencies (NCCA), the equipment capacity and type. This
equipment of a certain type and Council of Engineering and Scientific requirement is designed to ensure that
capacity by passing an examination Specialty Boards (CESB), or ANSI/ISO/ a certified operator has the knowledge
administered by an accredited testing IEC 17024, General Requirements for and skill needed to safely operate
organization, is the most broadly Bodies Operating Certification Systems equipment of the type and capacity the
available option, and OSHA expects it of Persons. (ID0178.1.) This commenter employee will actually be operating
to be the one that most employers use expressed concern that, without this while avoiding the need for employees
outside of jurisdictions with State or more specific level of rigor, entities with to know how to operate more complex
local licensing requirements. little experience in professional equipment.
Under Option (1), a crane operator certification will be able to establish In the proposed rule, OSHA gave
becomes certified by a testing accrediting bodies for certifications that examples of what this provision means
organization that has itself been do not adequately demonstrate in practice. It stated, as one example, an
accredited by a nationally recognized professional crane operator competence. employee who only operates a hydraulic
accrediting agency. Section 1926.1401 An operator certification organization truck crane would not need to also have
defines nationally recognized stated that NCCA and ANSI are the additional knowledge and skills
accrediting agency as an organization nationally recognized accrediting necessary to operate a lattice boom
that, due to its independence and agencies and that others should only be crawler crane. As another, it said that an
expertise, is widely recognized as designated as such by OSHA after a employee who operates only a 22 ton
competent to accredit testing comprehensive review of its accrediting capacity hydraulic truck crane would
organizations. The use of a nationally protocols. (ID0382.1.) It suggested not need to also have the additional
recognized accrediting agency to changing the definition of nationally knowledge and skills necessary to
provide an independent, authoritative recognized accrediting agency in operate a 300 ton hydraulic truck crane.
assurance of a testing organizations 1926.1401 to specify that the only The Agency further stated that
certification on a more complex type of use of cranes on railroads. (ID0170.1.) that basing certification on the type of
equipment would typically qualify an A representative from another railroad crane might result in some capable
operator to operate lower-capacity company testified that some of the types operators being denied certification.
equipment of the same type, e.g., of cranes his railroad uses are They described situations in which an
certification on a 300 ton hydraulic fundamentally different from the typical operator is knowledgeable and skillful
crane would qualify an operator to cranes used in the construction with respect to one particular model of
operate a 22 ton hydraulic crane. industry. Among the cranes that he said crane but might be unable to obtain
None of the commenters opposed are unique to the railroad industry are certification based on equipment
allowing operators certified to operate at locomotive cranes and rubber-tired capacity and type. In response to this
a given capacity from also operating cranes that can either run on the ground concern, OSHA sought public comment
lower-capacity equipment of the same or travel on rails. (ID0342.) The on whether there should be a
type. Two commenters recommended representative stated that certification mechanism for an operator to become
that type, for purposes of paragraph tests on typical construction cranes certified on a particular model of crane.
(b)(1)(ii)(B), be defined for mobile were not suited to the types of cranes Some commenters supported such a
cranes as they are defined in ASME used in his industry and asked that the mechanism. (ID0145.1; 0151.1;
B30.5. (ID0205.1; 0213.1.) These rule offer the latitude for the industry to 0194.1; 0214.1.) Several commenters
commenters also stated that train operators in a way that makes who opposed the suggestion stated that
qualifications (and certification) should sense for railroads. (ID0342.) such certification would likely not be
be driven by the knowledge and skill The comments and testimony by the available from testing organizations, that
required to operate a piece of railroad industry representatives suggest employers who use Option (2) would
equipment. When a body of knowledge the need for some flexibility in the find it costly and impractical to develop
or a particular skill set for a particular certification requirement to deal with tests for each model of crane, and that
type of crane changes, then so should specialized types of cranes or newly testing based on crane model was not
the appropriate category of certification/ developed equipment for which appropriate because the skill set and
qualification. certification examinations might not be knowledge required for safe operation
The Agency concludes that a available. Another aspect of this are not model-dependent. (ID0175.2;
descriptive definition of type that problem was raised by an energy 0205.1; 0213.1.) Witnesses at the
addresses the point raised by these association, which said that the cranes hearing also opposed model-specific
commenters would better accomplish used in erecting wind turbines are the certification. (ID0341; 0343.)
the purpose of the term than tying it to largest and most complex available, and OSHA has concluded that expansion
specific examples of existing that certification for such equipment is of the options to include certification on
technology. Therefore, OSHA has added not currently available. (ID0329.1.) a specific model of crane is not
a definition of the word type to CDAC addressed one example of a necessary. The body of knowledge and
1926.1401 of the final rule. type of equipmentdedicated pile skills required to be qualified/certified
Examples of many of the various driversfor which certification on a particular model of crane is not less
types of cranes currently in use are examinations were not available. than that needed to be qualified/
described in the ANSI B30 series (see, Section 1926.1439(e) of the proposed certified for that models type and
for example, ASME B30.52004 for rule accommodated this problem by capacity.
mobile cranes and ASME B30.32004 providing that dedicated pile driver It may well be that an operator
for construction tower cranes). For operators can be certified either for seeking certification is confident about
example, in this context, truck-mounted operation of dedicated pile drivers or for operating the particular model of crane
telescoping boom cranes, truck-mounted equipment that is most similar to he/she has been operating but is
non-telescoping boom cranes, and dedicated pile drivers. OSHA concludes concerned about being tested on another
crawler cranes are three different a similar approach is appropriate for model of the same type of crane. To the
types, since the specific bodies of any equipment for which a certification extent this is a concern, OSHA notes
knowledge and skills needed for the safe is not available. Accordingly, OSHA is that at least one accredited testing
operation of each category is different adding 1926.1427(b)(2) to the final organization allows the practical test to
(although they are not completely rule, which allows an operator to be be administered at the employers
distinctthe knowledge and skill sets certified to operate a crane if he or she worksite using the employers own
overlap to some degree). is certified to operate a higher-capacity equipment. (ID0343.) With this type of
Commenters and witnesses from the version of that type of crane or, if no practical test available, operators who
railroad industry believed that accredited certification entities offer feel confident that they can become
certification based on equipment certification for that particular crane, if certified on a particular model can be
capacity and type did not address he or she is certified to operate the type tested on that model, and such
unique conditions in their industry of crane most similar to the equipment certification will allow them to operate
because current certification in question. any model of the same type (as long as
examinations did not cover the types of In light of this change, OSHA is they also pass the written test).
cranes they use or the circumstances deleting 1926.1439(e) from the final Therefore, certification on a specific
under which they use them. A railroad rule as it is no longer necessary. model would be more restrictive than is
company stated that certification tests Paragraph (b)(2) will also facilitate necessary, and OSHA sees no benefit
used by the two accredited testing employers compliance with the from providing for such a certification.
organizations require knowledge of
requirements of 1926.1427 by making OSHA has therefore retained the

skills that do not apply in the railroad it clear that the operators certificate requirement that certification is based
industry. (ID0176.1.) A railroad must indicate the particular type and on the type of crane.
association stated that railroads use capacity of crane for which the operator The SBREFA Panel also received
cranes in fundamentally different ways was certified. comments from some SERs suggesting
than construction companies and that As discussed in the proposed rule, that the standard should accommodate
neither [currently] accredited testing during the SBREFA process, several crane operators who were fully capable
organization has tests that address the small entity representatives suggested of operating particular equipment in a
limited set of circumstances but who defining this concept. OSHA has Section 1926.1427(b)(1)(iii) requires
would be unable to pass certification therefore rejected the concept of a that the testing organization have
tests that required knowledge and limited, low risk qualification/ procedures for operators to re-apply and
abilities beyond those circumstances. certification. be re-tested in the event an applicant
The Panel recommended that OSHA A labor organization recommended fails a test. This would help ensure that
consider and solicit public comment on that OSHA require that applicants for if the employee initially failed to pass
expanding the levels of operator certification testing provide the test, the employee would be able to
qualification/certification to allow such documentation that they have at least retake the test and still have the
operators to be certified for a specific, 1,000 hours of crane related on-the-job opportunity to obtain the certification.
limited type of circumstance defined by experience or training. (ID0341.) Such Section 1926.1427(b)(1)(iii) also requires
a set of parameters that, taken together, experience was necessary, in this that the testing organization have
would describe an operation commenters view, because neither the procedures for operators to re-apply and
characterized by simplicity and written nor practical exams tested an be re-tested in the event an operator is
relatively low risk. In response to the operators ability to handle unusual decertified.
Panels recommendation, OSHA worksite conditions, such as adverse Section 1926.1427(b)(1)(iv) specifies
requested public comment on whether weather or working on crowded jobsites, that the testing organization must have
such parameters could be identified in and did not test an operators judgment. procedures for re-certifying operators
a way that would result in a clear, easily As explained above, OSHA has designed to ensure that the operator
understood provision that could be included the qualification/certification continues to meet the requirements of
effectively enforced. requirement to serve as a mechanism to 1926.1427(j). Under 1926.1427(b)(4),
A number of commenters were in help ensure that operators have attained a certification is valid for five years,
favor of a provision that would allow the level of knowledge and skill after which the operator must again pass
certification in a limited set of necessary to safely operate the a certification examination. Section
circumstances. A labor organization equipment. The record amply 1926.1427(b)(1)(iv) is included so that
supported certification limited to the demonstrates the sufficiency of the recertification procedures appropriate
use of rail-bound equipment used to accreditation process that must be for those who have already been
install continuously welded rail and passed for a testing organization to certified will be available.
stick rail. (ID0145.1.) This commenter become accredited. That process is Under 1926.1427(b)(1)(v), the testing
said that such operations involved designed to ensure that accredited organizations accreditation must be
dragging, manipulating, and positioning testing organizations use a sufficiently renewed by the accrediting organization
rather than hoisting. Other commenters reliable process for certifying operators. at least every three years to ensure
also supported such a limited The record also shows that such a continuing quality of testing materials
certification provision but did not mechanism is an effective one for and administration.
provide specific information about how determining operator competence (the No comments were received on
to define those operations or what record includes the support of the 1926.1427(b)(1)(iii)(v); those
aspects of the operations made them commenter and its CDAC nominee for provisions are promulgated as proposed.
less risky than other crane operations. that mechanism).115 Under 1926.1427(b)(3) (previously
(ID0151.1; 0176.1; 0191.1; 0214.1.) There is insufficient information in designated 1926.1427(b)(2) in the
Other commenters opposed this type of the record to include an additional proposed rule), a certification is
restricted certification. (ID0175.2; requirement for 1,000 hours of crane portable, which means that a
0205.1; 0213.1.) They said that the related experience or training. The certificate issued under Option (1)
degree of risk in a given situation was commenter does not specify what would meet the requirements of
difficult to assess and could change due should be included in crane related 1926.1427(a)(2) (when State or local
to unforeseen circumstances arising on experience, or why 1,000 hours would jurisdiction does not require operator
the job. be the appropriate amount of such licensing) until the certificate expires. In
OSHA agrees with the commenters experience for this purpose. The the final rule, OSHA is specifying that
who opposed allowing a limited form of commenter also does not specify if meaning directly in 1926.1427(b)(3)
certification based on perceived risk meeting the 1,000 hour prerequisite by rather than in a separate definition in
levels. As explained earlier in the training should mean hands-on 1926.1427(m), as proposed. CDAC
discussion of this section, the Agency (criteria for such training is delineated determined that certification under this
found the argument that certification in 1926.1427(f)) or classroom type option should be portable because the
should not be required to operate cranes training. OSHA notes that the other testing organization is fully independent
that are typically used for repetitive, commenters supporting this section of all employers who may employ a
predictable, intermittent, or light use to have not recommended adding an crane operator and there is no reason to
be unpersuasive. OSHA did so because experience or training prerequisite. The limit the certification to a particular
such uses are likely to involve many if Agency has therefore declined to accept employer. OSHA agrees.
not all of the same hazards present in this suggested change.116 Section 1926.1427(b)(4) (previously
other situations. designated 1926.1427(b)(3) in the
Similar concerns apply to the concept 115 OSHA also notes that the this commenter is, proposed rule) provides that a
of low risk operations. First, even if in this regard, taking a position that is inconsistent certification under this paragraph is
such operations could be effectively with the one taken by its CDAC nominee, who had
agreed to the CDAC version of 1926.1427, which
valid for exactly five years. The exact
identified, the possibility of unforeseen had no experience/training prerequisite. Nor has five year period is intended to strike the
events occurring during such a lift this commenter explained why it has changed its
requires that the operator have sufficient position from that of its CDAC nominee. Due to agreed to the CDAC version of 1926.1427, which
ability to handle such complications. this inconsistency in position, OSHA accords had no experience/training prerequisite. Nor has
Second, as noted above, apart from reduced weight to this commenters suggested the commenter explained why it has changed its
change. position from that of its CDAC nominee. Due to
the suggestion regarding certain railroad 116 OSHA also notes that the commenter is, in this this inconsistency in position, OSHA accords
operations, no commenter offered a regard, taking a position that is inconsistent with reduced weight to the commenters suggested
means of setting the parameters for the one taken by its CDAC nominee, who had change.
appropriate balance between ensuring Under 1926.1427(c)(2)(ii), the assessing the operator applicants
that certified operators are re-evaluated auditor must be certified to evaluate the * * *. (see 1926.1427(c)(1)(ii)(C)). No
regularly, while reducing the burden of administration of the written and comments were received objecting to
recertification on operators. practical tests by an accredited crane those requirements.
No comments were received on the operator testing organization. Section OSHA determines that CDACs
text that is now in paragraphs (b)(3) and 1926.1427(c)(2)(iii) prohibits the auditor intent in designing Option (2) was, in
(b)(4). As noted, the definition of from being employed by the employer essence, to have the auditor serve a role
portable has been moved from seeking the auditors approval of its test similar to that of the accreditor in
proposed (m)(1) to final (b)(3). administration procedures. Option (1). The accreditor in Option (1)
Proposed 1926.1427(c)(2)(iv) assesses the tests as well as their
Paragraph (c) Option (2): Qualification required that the audit be conducted in administration to determine if they meet
by an Audited Employer Program accordance with nationally recognized industry recognized criteria. As
Paragraph (c) of this section sets out auditing standards. OSHA noted that drafted by CDAC, the auditor does the
Option (2), in which the employer the proposed rule, as drafted by CDAC, same thing, both with respect to
determines, through its own audited required only that the administration of assessing the tests and their
testing program, that its employee is the tests, and not the audit of the tests administration.
qualified to operate the equipment. This themselves under paragraph (c)(1)(ii), The problem identified by OSHA in
option is designed to enable employers would have to be conducted in the proposed rule relates to auditing
to meet the 1926.1427 requirements accordance with nationally recognized procedure, not testing criteria. For
through their own in-house testing auditing standards. OSHA determines example, the records that the auditor
programs. As discussed above, however, that this was a drafting error and that would generate and maintain, the
CDAC determined that independent, the Committee intended that the entire procedures he/she would use for
third-party involvement was needed to audit be conducted in accordance with obtaining documents that need to be
ensure the reliability and integrity of nationally recognized auditing examined to conduct the audit, the
any testing program. Therefore, to standards. Therefore, the Agency thoroughness of the audit, and similar
solicited public comment on whether a procedural matters regarding the
ensure that testing under Option (2) of
new 1926.1427(c)(1)(ii)(D), reading as conduct of the audit need to accord with
this section is accurate and reliable,
follows, should be added to nationally recognized auditing
1926.1427(c)(1) requires that the tests
1926.1427(c)(1)(ii): standards. Section 1926.1427(c)(1)(ii)(C)
must be developed by either an
shows that CDAC concluded that it
accredited crane operator testing (D) The audit shall be conducted in was important that the audit meet
organization (as described under Option accordance with nationally recognized
nationally recognized auditing
(1)), or approved by an auditor who is auditing standards.
standards to help ensure the integrity of
certified by an accredited crane operator Several commenters stated that the the audit of the administration of the
testing organization. In addition, the regulatory text should remain tests. OSHA determines that it is equally
administration of the tests must be unchanged because, the commenters important that the audit of the tests
audited. believed, the nationally recognized themselves meet those same procedural
If the employer chooses to use tests accrediting agencies that accredit testing criteria. Therefore, the Agency has
approved by an auditor, the auditor organizations do not review the added new 1926.1427(c)(1)(ii)(D).
must, under 1926.1427(c)(1)(ii)(A), be examinations for content but only for Paragraph (c)(3) requires that the
certified as a test evaluator by an examination design, administration, and program be audited within three months
accredited testing organization. To maintenance. (ID0175.1; 0205.1; of its inception and every three years
ensure that the auditors evaluation is 0211.1; 0213.1.) thereafter. The Agency has added at
independent and impartial, The Agency concludes that the least to the final rule to clarify that the
1926.1427(c)(1)(ii)(B) prohibits the commenters have misunderstood auditor has the flexibility to perform
auditor from being employed by the OSHAs intent in this regard. Under audits more regularly if it so chooses.
employer seeking evaluation of its Option (1) of this section, Paragraph (c)(4) of this section
qualification program. Also, 1926.1427(b)(1), the accrediting requires the employers program to have
1926.1427(c)(1)(ii)(C) requires the agency must evaluate the written testing procedures for re-qualification
auditor to determine that the program testing materials as well as the designed to ensure that the operator
meets nationally recognized test practical examinations, test continues to meet the technical
development criteria and adequately administration, grading, facilities/ knowledge and skills requirement in
assesses the criteria in 1926.1427(j). equipment and personnel to make sure 1926.1427(j). The re-qualification
The requirements for test they all meet industry recognized procedures must be audited in
administration that apply under Option criteria. The accrediting agency accordance with 1926.1427(c)(1) and
(2) of this section are set forth in therefore must evaluate the tests as well (c)(2).
1926.1427(c)(2). These requirements as their administration to confirm that In the event an auditor discovers a
apply to both tests that have been they meet industry recognized criteria. deficiency in an employers operator
developed by an accredited crane Just as the accrediting agency under qualification program, the employer
operator testing organization or to those Option (1) of this section assesses must meet the requirements set forth in
that have been approved by an auditor. written testing materials and the paragraph (c)(5) of this section. Under
Section 1926.1427(c)(2)(i) requires that practical test for compliance with paragraph (c)(5)(i), no additional
the auditor find that the procedures for industry recognized criteria, under operators may be qualified until the
administering the test meet nationally Option (2) of this section, as drafted by auditor determines that the deficiency
recognized test administration CDAC and as written in the proposed has been corrected. Under paragraph
standards. This provision is designed to rule, the auditor must determine that (c)(5)(ii), the program must be re-
ensure that the test results accurately the written and practical tests meet audited within 180 days of the
reflect the operators performance on the nationally recognized test development confirmation that the deficiency was
test. criteria and are valid and reliable in corrected. Paragraph (c)(5)(iii) requires
the auditor to file a report of any such option above and does so here for the operate equipment covered by this
deficiency with the appropriate OSHA same reasons given earlier. subpart are currently required to comply
Regional Office within 15 days of Some commenters stated that Option with State or local licensing
discovery. In addition, paragraph (2) was impractical because there are requirements.
(c)(5)(iv) requires that records of the currently no individuals who are In the proposed rule, OSHA noted
audits must be maintained by the accredited to carry out the duties of the that OSHA standards did not apply to
auditor for three years and must be auditor under the option (ID0151.1; uniformed military personnel and to
made available by the auditor at the 0329.1.) OSHA notes, however, that civilian employees of the military who
request of the Secretary of Labor or a employers have four years from the are engaged in uniquely military
designated representative. The auditors effective date of this standard to comply equipment, systems, and operations.
maintenance of the records, and the with 1926.1427, and the agency Accordingly, Option (3) would apply
reporting requirement, are intended to anticipates that, if the demand exists for only to civilian employees of the
preserve the independent verification the services of accredited auditors, they Defense Department and Armed Forces
function of the auditor. will become available during that time who are engaged in work that is not
Paragraph (c)(6)(i) specifies that a frame. uniquely military. It does not apply to
qualification under Option (2) is not An operator certification company employees of private contractors who
portable. As defined in recommended eliminating Option (2) are working under contract to the
1926.1427(m)(2), not portable means because, in the commenters view, it military. In the proposed rule, OSHA
that only the employer issuing the lacks sufficient safeguards to ensure the noted that the CDAC document did not
qualification may rely upon it. OSHA integrity of the qualification process. clearly exclude such employees even
has added that statement of meaning (ID0330.1.) The commenter views this though that was CDACs intent.
directly in paragraph (c)(6)(i) in the final Option as a form of self-certification that To make this point clear, OSHA is
rule and has removed paragraph (m). C is generally inconsistent with the rules adding the following clarification to
DAC determined that portability should principle of third-party verification. It 1926.1427(d)(1): An employee of the
suggests that this Option presents an U.S. military is a Federal employee of
be limited to certification under Option
inherent conflict of interest based on the the Department of Defense or Armed
(1) because the degree of consistency in
incentive that employers have to pass Forces and does not include employees
adhering to the requirements of this
their employee-operators and that the of private contractors. This clarification
section is likely to be highest among
conflict is not cured by an auditors was originally proposed in
accredited crane operator testing
oversight of the program. OSHA 1926.1427(m), which is removed from
organizations because they are fully
disagrees. Under this option, the auditor the final rule. Two commenters
independent and their business interest
must be independent of the employer supported the clarification proposed by
depends on their continued
and certified by an accredited testing OSHA. (ID0205.1; 0211.1.) Another
accreditation. Under paragraph (c)(6)(ii),
organization. In OSHAs view, these said the provision should be clarified
a qualification under Option (2) is valid requirements provide adequate but did not express an opinion on
for exactly five years. assurance that a testing program whether OSHAs proposed clarification
A trade association stated that approved by the auditor is of high should be adopted. (ID0122.) In the
qualification under Option (2) of this quality and reliability. absence of any reasons presented in
section (as well as Options (3) and (4)) opposition to the proposed clarification,
should, like certification under Option Paragraph (d) Option (3): Qualification
OSHA is retaining the clarification.
(1), also be portable. (ID0214.1.) The by the U.S. Military Paragraph (d)(2) specifies that
commenter stated that there was no Proposed 1926.1427(d) provided qualification under Option (3) is not
rational reason to adopt a rule where that an operator who is an employee of portable. Because this option is
portability is restricted to Option (1) the United States military would be designed specifically to accommodate
certifications. However, OSHA deemed qualified if he/she had a current civilian employees of the U.S. military,
concludes that CDACs decision to qualification issued by the U. S. and therefore is not based on the same
accord full portability only to a military. The criteria for qualification criteria and independent third-party
certification under Option (1) is sound. under Option (3) would be left to the verification. However, if a U.S. military
A certification issued under Option (1) military to determine, including the entity meets the requirements of Option
is based on tests that are completely length of time such a qualification (1), OSHA would consider the operator
independent of any particular employer. would be valid. Qualification under this certification provided by that entity to
Moreover, the commenters nominee to option would not be portable unless it be portable.
CDAC did not dissent on this issue and meets the requirements of Option (1) of
the commenter has not explained the this section. Paragraph (e) Option (4): Licensing by
reason for changing its position. OSHA Unlike Options (1) and (2), Option (3) a Government Entity
gives reduced weight to comments by a is available, in accordance with the Paragraph (e) of this section of the
nominating organization that are requirements of paragraph (d), whether final rule addresses government
inconsistent with the position its or not the equipment is operated within licensing departments/offices that issue
nominee took on CDAC. the jurisdiction of a State or local operating licenses for equipment
A utility company suggested that government that has its own operating covered by this standard. Paragraph
electric utilities be able to use Option licensing requirement. The Agency (e)(1) makes it clear that OSHA is only
(2) without an independent auditor by notes that in its comments requesting requiring compliance with State or local
allowing for an internal audit of the mandatory compliance with State operating licensing requirements when
employee training program based on licensing requirements, New York State those licensing programs meet the
annual employee inspections, as noted that it did not intend to supplant requirements specified in paragraphs
allowed in 1910.269(a)(2). (ID0342.) Option (3). (ID0171.1.) There is (e)(2). These requirements are
Granting this request would permit nothing in the record to indicate that commonly referred to as a Federal
electric utilities to self-certify their employees of the U.S. military who are floor, meaning that they are the
operators. OSHA has rejected this authorized by the U.S. military to minimum criteria necessary to trigger
employer compliance with those Other Recommended Options personnel certification organizations.
licensing requirement under this Commenters recommended that (ID0344.) He testified that the
standard. OSHA is including this OSHA offer employers two additional accreditation of an educational
Federal floor because it determines, as options for qualifying or certifying institution under the DoE system is
did CDAC, that some, but potentially operators. One is to allow employers to designed to assess the quality of the
not all, State/local governments will self-certify operators based on their own education an institution offers but does
have effective, reliable licensing evaluation of the operators ability. For not determine whether the individuals
procedures. If OSHA determines that a the reasons discussed in the who have attended that institution
State or local licensing department/ introduction to this section, OSHA possess the specific skills or
office, or its testing, does not satisfy the rejects that suggestion. competencies required for particular
minimum requirements set out in A number of commenters jobs. Unlike an educational institution,
paragraphs (e) and (j), then employers recommended that OSHA expand the which focuses on the number of
would not be required by OSHA to range of options by allowing an graduates, attrition rates, and the
comply with the licensing requirements accredited educational institution to percentage pass rate on any national
of that government entity. In such cases, certify operators. (ID0105.1; 0147.1; certification or State licensure
the employer would satisfy the 0151.1; 0187.1; 0193.1.) At the examinations, a personnel certification
requirements of this section by ensuring public hearing, a witness for a trade program is designed to address
that their operators are certified or association further recommended an competency for job performance.
qualified in accordance with the options option whereby operators could be Among the concerns cited by the
provided in paragraphs (b) through (d). trained and qualified through an representative were that the
The requirement for the government employer program developed by an accreditation for an educational
licensing department/office to meet the accredited educational institution. (ID program does not assess competency,
criteria in 1926.1427(e)(2) ensures that 0343.) and that the tests administered by an
operators who qualify under Option (4) Some commenters believed that educational program are not held to the
have the requisite knowledge and skills additional options were needed because same psychometric standards as those
to operate safely. Paragraph (e)(2)(i) they believed that Option (1) was the administered by an accredited
requires that the criteria used by the only viable option for many employers personnel certification program. The
licensing department/office address the and that an insufficient number of commenter said higher education
knowledge and skill requirements listed accredited testing organizations existed accreditation is concerned with the
in 1926.1427(j). Section to meet the demand that an OSHA rule quality of education. Personnel
1926.1427(e)(2)(ii) requires that the would create. (ID0165.1; 0187.1; certification accreditation, on the other
government entity follow the same test 0193.1.) hand, evaluates the quality of
content, test administration and related OSHA notes that an educational assessments to measure the acquisition
criteria as required under Option (1). institution, like any other testing and ongoing maintenance of valid job
Section 1926.427(e)(2)(iii) requires that organization, may become an accredited competencies. (ID0344.) In addition,
the office with authority over the testing organization under Option (1) by personnel certification is time-limited
licensing department/office assess the becoming accredited by a nationally and certifying entities retain the ability
tests and procedures used by the recognized accrediting agency based on to withdraw certification if the
licensing office/department and the criteria listed under that option and individual subsequently demonstrates a
determine that the requirements of complying with the firewall lack of competency. (ID0344.)
1926.1427(e)(2)(ii) and requirements of 1926.1427(g). Institutions of higher education cannot
1926.1427(e)(2)(iii) have been met. Also, However, OSHA determines the revoke or repossess diplomas.
the government licensing office must comments favoring this concept were The representative explained that a
have re-certification procedures in place addressing OSHAs request for comment key difference between educational
as discussed in 1926.1427(b)(1)(iv) on whether to allow an educational accreditation and personnel
and 1926.427(c)(4). institution to certify operators based accreditation is surveillance of the test
Under 1926.1427(e)(3)(i), a solely on its accreditation by an administration process by the
qualification under Option (4) is valid organization recognized by the accrediting body to ensure that an
only within the geographic jurisdiction Department of Education (DoE) without individuals score is not tainted by prior
of the licensing entity. However, if the the need to be accredited under Option knowledge of the examination or by lack
qualifications of Option (1) in (1) (see 73 FR 59812, Oct. 9, 2008). of security during the test itself. Using
1926.1427(b) are met, OSHA would OSHA concludes that accreditation of the ANSI accreditation process as an
consider the operator certification an educational institution under DoE example, he explained that a
provided by that entity to be portable. criteria is insufficient to ensure that a certification entity seeking accreditation
Under paragraph (e)(3)(ii), the certification issued by the institution will undergo annual surveillance
qualification is valid for the time period would reliably demonstrate that the onsite during the first and third years,
specified by the licensing entity, but for crane operator has the knowledge and which can encompass multiple sites if
no longer than five years. skills needed for safe operation. The the certification entitys structure merits
Several commenters expressed the fundamental reason is that the such review. ANSI examines the
concern that OSHAs new standard accreditation process for educational controls over test items and the
would preempt existing State or local institutions does not include an development of test items, to ensure that
laws, particularly those relating to assessment of an institutions ability to these items are not released to the
licensing of crane operators. Others assess personnel competency. public. ANSI also looks to ensure that
encouraged the Agency to expressly A representative from a consensus the organizational structure of the
preempt those laws. The preemption standard organization addressed this certifying entity is reflective of the
issue is discussed in full at the end of issue at the public hearing. The population it is intended to serve, and
this preamble within section V.D representative had experience both in that the administration is fair and
addressing federalism. accrediting educational institutions and equitable among all the applicants.
These criteria are not required elements Moreover, concerns about inadequate training and would therefore be of
of accreditation for higher education availability of certifying entities are reduced reliability. Second, although
institutions, according to both the unfounded. At the time of the proposed the commenters would not permit the
representative and Department of rule, two testing organizations, NCCCO auditor to be employed by the employer,
Education materials (see 34 CFR part and the Southern California Crane & there is no prohibition against the
602). Hoisting Association, had been auditor being employed by the
There is another reason why accredited (see 73 FR 59812, Oct. 9, accredited educational institution who
certification by an educational 2008). By the time of the hearing, four certifies him/her. In OSHAs view, this
institution would, in most cases, not be additional testing organizations had creates the potential for a conflict of
suitable for crane operators: The need been accredited: The Operating interest because the auditor would not
for personnel testing to be independent Engineers Certification Program, Union be independent of the institution whose
of the training that precedes the testing. Pacific Railroad, National Center for tests he or she is reviewing. OSHA finds
As discussed below, 1926.1427(g) of Construction Education and Research, that the recommendation by the
this rule is designed to ensure that and Crane Institute Certification. (ID commenters does not contain sufficient
training is separate from testing to 0343.) Although some of these are not safeguards to ensure that the tests
prevent an organization that offers both available to all employers or crane provide an indicator of operator
services from defeating the validity of operators, it does not appear that there competence that is comparable to the
the test by teaching to the test. OSHA will be a lack of availability of testing other options permitted under this rule.
acknowledges that it might be possible services under Option (1), particularly One commenter asked OSHA to
for an educational institution to provide with the four-year phase-in period for prohibit different organizations from
the necessary firewalls between its 1926.1427. administering the written and practical
training and testing, and obtain the In addition, the record shows that testing. (ID0199.1.) The commenter
separate accreditation required under testing organizations arrange for testing stated that it is necessary for one
this section, such that it could comply to be available at convenient locations. organization to maintain oversight of the
with 1926.1427(g). However, For example, NCCCO offers the written entire test process. The commenter did
educational institutions typically both test anywhere in the country where it not provide any support for this
teach and test, and may do so within receives adequate notice and an assertion, nor has OSHA identified any
their educational accreditation without appropriate testing room is available. other evidence in the record to support
any requirement that the testing process (ID0343.) NCCCO also sends examiners it. OSHA does not find the request
be insulated from the teaching process. to an employers worksite to administer persuasive and is instead relying on the
The purpose of a personnel the practical tests. (ID0343.) OSHA accreditation requirements to ensure
certification test is different from a test therefore concludes that the current four that the certifying entity administers all
offered by an educational institution, options afford crane operators and their testing appropriately.
which is to determine whether the employers sufficient opportunity to
individual has mastered the material Paragraph (f) Pre-Qualification/
obtain qualification/certification and Certification Training Period
that was taught. As a labor that additional options are not needed
representative stated at the hearing, to make such services readily available. Section 1926.1427(f) establishes a
personnel certification tests examine a Two building trade associations process by which operators who are not
random sampling of information that recommended that OSHA add an option certified or qualified can get experience
individuals must know to perform the that combines aspects of Option (2) of operating the equipment to help prepare
function being tested. (ID0341.) The this section with tests developed by an for obtaining a certification/
labor representative pointed out that if accredited educational institution. (ID qualification. Section 1926.1427(f)
the individual is tested only on the 0218.1; 0232.1.) Under their allows employees who are not yet
material he or she has been taught, the recommendation, the educational qualified or certified to operate cranes
individual learns only the information institution would develop written and provided that they qualify as operators-
needed to pass the test and the test is practical tests, and the tests would be in-training in accordance with
not a reliable measure of the persons approved by an auditor who is certified 1926.1427(f)(1) through (5), which
depth of knowledge on the subject. by an accredited educational institution require appropriate monitoring of such
Therefore, allowing educational as qualified to evaluate such tests. The operators-in-training to ensure worksite
institutions to certify crane operators actual operator certification would be safety and places limitations on the
based solely on their DoE accreditation issued by the accredited educational tasks they can perform. OSHA revised
would be inconsistent with the institution. proposed 1926.1427(f) to clarify that
principle that testing for certification OSHA determines that this employees who do meet the
purposes should be independent of any recommended program is, in practical requirements of an operator-in-
training that the individual has received effect, not significantly different than training, and who are not otherwise
and would severely compromise the the general recommendation for OSHA certified or qualified under this section,
reliability of the certification process. to allow certification by an accredited are prohibited from operating
In sum, the DoE accreditation system educational institution. First, it is likely equipment (except for maintenance, as
for educational institutions is not that educational institutions would be provided in 1926.1429 of this subpart).
designed to assess the capabilities that administering tests to individuals who OSHA has removed the text that was in
are needed for developing or have taken their training courses proposed paragraph (f)(2) as
administering personnel competency without firewall separation between redundant,118 and has renumbered
tests.117 those functions, thereby giving rise to paragraph (f) of this section.
117 At least one other Federal agency has also
the problem addressed above that 118 Proposed paragraph (f)(1) of this section had
taken this view of certification. The Department of testing would not be independent of provided that [a]n employee who is not qualified
Defense requires the certification of certain or certified under this section is permitted to
personnel performing Information Assurance certifications, requires that the certifications must operate equipment by satisfying the requirements
functions within that organization. Appendix 2 to be accredited, and maintain accreditation, under of proposed paragraph (f). Proposed paragraph
DoD 8570.01M, the directive addressing such ISO 17024. (ID0346.1.) Continued
The proposed rule used the phrase Under paragraph (f)(3)(i) the operator- Under paragraph (f)(4)(ii),
trainee/apprentice to describe an in-trainings trainer has to be an immediately prior to the break, the
operator-in-training, the word employee or agent of the operator-in- trainer must inform the operator-in-
supervisor to describe the individual trainings employer. This ensures that training of the specific tasks that the
responsible for monitoring the operator- the trainer has the authority to direct the operator-in-training is authorized to
in-training, and the word supervise to actions of the operator-in-training. perform and the limitations that he/she
describe that individuals oversight of Paragraph (f)(3)(ii) requires that the must adhere to during the break.
the operator-in-training. Several operator-in-trainings trainer must be Under paragraph (f)(4)(iii), the
commenters suggested that the terms either a qualified/certified operator (in specific tasks that the operator-in-
trainee, apprentice, and supervisor accordance with 1926.1427), or to training would perform during the break
could be construed to have labor/ have passed the written portion of a must be within the operator-in-
management consequences under the qualification/certification test under one trainings ability.
National Labor Relations Act (NLRA). of the Options in 1926.1427. In Proposed paragraph (f)(2)(v) 119 stated
(ID0182.1; 0199.1; 0341.0.) OSHA addition, the trainer must be familiar that a * * * trainee/apprentice shall
did not intend for these terms to be with the proper use of the equipments not operate the equipment in any of the
construed as they are used under the controls. This provision is designed to following circumstances. This
NLRA, and, to avoid any possible ensure that the trainer has sufficient paragraph was followed by paragraphs
confusion on the subject, has changed knowledge about the equipment to (f)(2)(v)(A)(E). Of these, paragraphs
supervisor to trainer, trainee/ enable him/her to effectively oversee the (f)(2)(v)(A)(D) contained absolute
apprentice to operator-in-training, safe operation of the crane. prohibitions while paragraph (f)(2)(v)(E)
and supervise to monitor in the final Paragraph (f)(3)(iii) requires that the contained a conditional prohibition. To
rule. trainer perform no tasks that would avoid inconsistency between paragraph
Paragraph (f)(1) requires that the detract from his/her ability to monitor (f)(2)(v) and the paragraphs that
operator-in-training be provided with the operator-in-training. This provision followed, the paragraph, which is now
sufficient training prior to operating the ensures that the trainer is able to devote at 1926.1427(f)(5) has been modified to
equipment to enable him/her to operate sufficient attention what the operator- make clear that there is an exception at
it safely under the limitations listed in in-training is doing so that he/she can (f)(5)(v).
this section and any additional intervene to prevent the operator-in- Paragraph (f)(5) recognizes that
limitations established by the employer. training from doing anything unsafe. certain tasks are too complex or present
This ensures that, before beginning to Under paragraph (f)(3)(iv), for such heightened risks that it would be
operate the equipment at the site, the equipment other than tower cranes, the unreasonably dangerous if a less than
operator-in-training would have trainer and the operator-in-training must fully qualified operator were to operate
attained sufficient knowledge and skills be in direct line of sight of each other the equipment. For the circumstances
to operate the equipment safely within and are required to communicate either listed in 1926.1427(f)(5)(i)(v), the
the limitations and with the monitoring verbally or by hand signals. This operator-in-training is prohibited from
required by the remainder of provision ensures that the trainer operating the equipment in all cases.
1926.1427. monitor can rapidly and effectively give With respect to operations involving
Paragraph (f)(2) restricts the operator- instructions to the operator-in-training, multiple-lift rigging, the Committee
in-training operation of the equipment especially for purposes of correcting determined that the difficulty and/or
to those tasks currently within his/her anything that the operator-in-training risk involved is not at the same level as
ability. As the operator-in-training gains may be doing incorrectly. the operations listed in
experience and demonstrates increased With respect to tower cranes, the 1926.1427(f)(5)(i)(iv). Consequently,
skill, this provision allows him/her to height of the operators station will while 1926.1427(f)(5) contains a
perform progressively more complex often make it infeasible to maintain general prohibition against an operator-
tasks. direct line of sight between the trainer in-training operating the equipment
Paragraph (f)(3) sets forth the and the operator-in-training. For the during multiple-lift rigging operations,
requirements that an employee would same reason, use of hand signals is also an exception would apply where the
have to meet to be permitted to monitor often not feasible. Therefore, the trainer determined that the operator-in-
the operator-in-trainings operation of provision instead requires that they be trainings skills are sufficient for this
the crane. During the training period, in direct communication with each high-skill work.
the operator-in-training must be closely other. For example, direct A utility company objected to the
monitored to ensure that he/she is communication could be achieved by requirement in proposed
operating in accordance with the radio or other instant electronic voice 1926.1427(f)(2)(v)(A) that operators-in-
training he/she has received and is communication system. training who are performing subpart V
adhering to the limitation in paragraph Section 1926.1427(f)(4) permits the work (construction and improvement of
(f)(2) that he/she only performs tasks operator-in-training to continue power lines) maintain at least a 20-foot
currently within his/her ability. operating the crane in the absence of the distance from energized power lines,
trainer for short breaks under criteria asking that operators-in-training only be
(f)(2), and an alternative also included in the designed to result in safe operation. required to maintain the same clearance
proposed rule, had granted the same permission to This provision recognizes that from power lines (those listed in Table
any employee who had not passed the written exam monitoring 100 percent of the time is V1 of subpart V) as certified operators.
or practical tests required under 1926.1427. While
neither practical nor is it necessary for (ID0144.1.) This commenter claimed

OSHA still intends that employees who have
passed either the written exam or practical test be safe operation if appropriate limitations that the prohibition would limit the
eligible to serve as an operator-in-training, it is not are imposed. Those limitations are ability of electric utility owners and
including this text in the regulation because these listed in paragraphs (f)(4)(i)(iii): operators to provide operators-in-
employees are already addressed by the language Under paragraph (f)(4)(i), the break
that was in proposed paragraph (f)(1) (an employee training with hands on training.
who is not qualified or certified under this section)
would be restricted to no more than 15
and is included in the final rule as the introductory minutes, with no more than one break 119 This requirement is now located at
text for paragraph (f). per hour. 1926.1427(f)(5).
Based on the record as a whole, operating manual and load chart. To other than English, the qualification/
OSHA is convinced that the risk of avoid disqualifying individuals solely certification should be limited to the use
injury from contact with an energized because they have this type of difficulty, of equipment that is equipped with
power line is so great that it warrants paragraph (h) permits written tests materials in the operators language; (2)
extra precautions, particularly with under this section to be administered whether the rule needs to incorporate
respect to operators who are still verbally, with answers given verbally, safeguards to ensure that a translation of
learning how to operate their where the operator candidate (1) passes manufacturer-supplied materials
equipment. OSHA notes that the other a written demonstration of literacy conveys the same information as the
electric utilities and representatives relevant to the work; and (2) original; (3) whether employers should
who submitted comments and appeared demonstrates the ability to use the type be permitted to use manuals that have
at the hearing did not voice a similar of written manufacturer procedures been re-written in simplified language
concern, nor did the industrys applicable to the class/type of to accommodate individuals whose
representatives on CDAC. OSHA also equipment for which the candidate is literacy level does not permit them to
notes that the exclusion of digger seeking certification. These would understand the manufacturer-supplied
derricks from the scope of this subpart typically include, for example, the load materials.
for pole work should largely alleviate chart and operators manual for the One trade association commented
this commenters concern. Accordingly, crane the candidate would be operating. that, in many regions of the United
OSHA is retaining paragraph (f)(5)(i) in Thus, paragraph (h) only permits tests to States, employers rely on non-English
the final rule. be administered verbally where the speakers to operate cranes and stated
individual demonstrates the literacy that OSHA should require testing
Paragraph (g)
needed to read and understand written organizations to offer crane operator
Paragraph (g) of this section provides material needed for safe operation. certification in languages other than
that a testing entity is permitted to As explained in the proposed rule, English. (ID0231.1.) OSHAs
provide training as well as testing neither of the demonstrations in longstanding position is that workers
services as long as the criteria of the paragraphs (h)(1) or (h)(2) would have to must be trained and provided with
applicable accrediting agency (in the be made in English (see 73 FR 59816, information in a language that they can
option selected) for an organization Oct. 9, 2008). As an example, under understand. That is particularly
providing both services are met. This these provisions, an employer could important for crane operators, who will
paragraph serves two purposes. First, it obtain a Spanish-language version of the be in control of large pieces of
makes clear that an entity providing load charts and operators manual, and equipment, with the potential to inflict
qualification/certification testing may arrange to have the literacy test major damage and injury.
also provide training to the individuals administered in Spanish. An operator
it tests, as well as others. Second, it It was CDACs intent in the proposed
able to meet the requirements of
establishes a condition such entities rule, and it is OSHAs intent in this final
1926.1427(h) using these Spanish
must satisfy: the testing agency must rule, that non-English speaking
language materials would have
meet the criteria of its accrediting demonstrated adequate literacy under operators will have the ability to
agency for an organization providing the rule. become certified using languages other
both services. A trade association supported the than English. Paragraph (h)(2) of the
For example, an industry consensus provision allowing examinations to be rule, therefore, authorizes testing
standard, the International Organization administered verbally. (ID0151.1.) A organizations to administer tests in any
for Standardization (ISO) 17024, testing organization opposed the language that the operator candidate
requires that a certifying entity only provision, believing it adds an understands. Paragraph (h)(2) is
offer training if it can demonstrate that unnecessary and potentially harmful intended to ensure that crane operators
the training is independent of both step in the qualification process. (ID are certified in a language that they
evaluation and certification. This is 0343.) The testing organization was comprehend, and that the cranes they
intended to prevent the entitys training concerned that the rule does not operate are equipped with the requisite
arm from teaching to the test, which identify standards or protocols by which materials in that language. OSHA
would detract from the tests ability to the written demonstration of literacy intends to work with certifying
determine the individuals true relevant to the work and the ability to organizations to ensure that
knowledge of the subject matter needed use written manufacturer procedures are examinations in appropriate languages
for safe operation. It is also necessary to to be made. are available within the four-year phase-
protect the integrity of the testing. OSHA recognizes the testing in period under this section.
Therefore, with respect to those organizations concern but concludes OSHA expects employers who
accrediting agencies that apply the ISO that the rule must allow sufficient perform their own testing under
standard, a testing entity may also flexibility in the testing process to paragraph (c) to test candidates in the
conduct training as long as an adequate enable individuals who have sufficient languages understood by their workers.
firewall exists between the two literacy skills and are demonstrably OSHA concludes that accredited testing
functions. competent to operate a crane, but are organizations providing certifications
deficient in written test-taking ability, to under paragraph (b) should likewise
Paragraph (h) obtain qualification/certification under provide testing in major languages
Paragraph (h) of this section addresses this rule. Accordingly, OSHA is understood by the relevant worker
CDACs concern that some competent population of the regions in which they
retaining the provision allowing tests to

crane operators may be hindered in be administered verbally if the specified do business. Doing so will maximize an
obtaining qualification or certification demonstrations of literacy are made. organizations share of the testing
under this section because they have OSHA requested comment on several market. Moreover, OSHA expects that
difficulty with taking written tests even issues arising under paragraph (h), employers who rely on testing
though they possess sufficient literacy including (1) Whether, if an operator organizations will demand testing in the
for reading and understanding safety- complies with paragraph (h) by languages understood by their
related material such as the cranes demonstrating proficiency in a language workforces.
Paragraph (i) [Reserved.] Paragraph (j)(1)(i)(C) requires the conditions at the point of access to the
Paragraph (j) Certification Criteria candidate to know procedures for site enable the equipment to travel
preventing and responding to power safely onto or off of the site. For
Paragraph (j) of this section sets out line contact. As discussed above in example, where equipment must
the qualification and certification relation to 1926.14071926.1411, descend or ascend a dirt ramp, the
criteria applicable to Options (1), (2), electrical contact with power lines is operator needs to be able to assess the
and (4) of this section. These criteria one of the principal causes of effect of the ramps steepness and to
address the knowledge and skills that crane-related fatalities and injuries, and detect signs of instability.
are fundamental to safe crane operation. those sections contain detailed Paragraph (j)(1)(i)(F) requires
As stated in the introductory language requirements for preventing such operators to demonstrate a thorough
in 1926.1427(j), these would constitute contact and for reducing the likelihood knowledge of this subpart, including
minimum criteria; the accredited of death or injury should such contact incorporated materials. Operators play a
testing organizations, employers, or occur.120 Knowing how to prevent and key role in the application of these
local or State licensing offices would respond to power line contact is requirements, and it is therefore
not be precluded from adding additional therefore critical knowledge for any essential that they understand them.
requirements to their certification or crane operator. Paragraph (j)(1)(ii) provides that the
qualification programs. Paragraph (j)(1)(i)(D) addresses the individual is able to read and locate
Paragraph (j)(1) describes the criteria need for crane operators to have relevant information in the equipment
that must be covered by the written technical knowledge similar to the manual and other materials containing
examination portion of a qualification/ subject matter listed in Appendix C information referred to in paragraph
certification program. As stated above in applicable to the specific type of (j)(1)(i) of this section. As discussed
the discussion of examination equipment the individual will operate. above in relation to paragraph (h), the
administration, the written portion of These criteria were selected by CDAC written materials to which this
the examination may be administered because, in the experience of the paragraph refers must be in a language
orally, so long as the candidate has committees members, they are critical that the individual can read and in
demonstrated sufficient literacy relevant knowledge and skill areas for equipment which the individual is tested.
to the work (e.g., load charts and operators. OSHA defers to CDACs Paragraph (j)(2) requires that the
equipment manual). experience on this issue and notes that qualification/certification examination
the Agency did not receive any include a determination through a
Paragraph (j)(1)(i) states that the
comments suggesting that a particular practical test that the individual has the
individual seeking qualification or
item be removed from this list. While skills necessary for the safe operation of
certification must know the
testing based on the specific list the equipment. It also states criteria for
information necessary for safe operation
provided in Appendix C is not the such a test. Paragraph (j)(2)(i) requires
of the specific type of equipment the
means of satisfying the requirements of that an individual demonstrate the
individual will operate * * *
1926.1427(j)(1)(i)(D), alternative ability to recognize, from visual and
Paragraph (j)(1)(i) goes on to list specific
criteria must be similar to that of auditory observation, the items listed in
types of information the individual
Appendix C. The appendix also serves proposed 1926.1412(d), which sets
must know.
as a safe harbor, meaning that testing criteria for shift inspections. Paragraph
Paragraph (j)(1)(i)(A) requires that the on all of the criteria provided in (j)(2)(ii) requires the operator to
written examination address the Appendix C would satisfy the demonstrate operational and
candidates knowledge of the equipment requirements of 1926.1427(j)(1)(i)(D). maneuvering skills. Paragraph (j)(2)(iii)
controls and operational/performance In addition to the technical requires that the operator demonstrate
characteristics of the specific type of knowledge that is required under the ability to apply load chart
equipment. Operational/performance 1926.1427(j)(1)(i)(D), technical information. Paragraph (j)(2)(iv) requires
characteristics would include, for knowledge applicable to three specific that an operator be able to apply safe
example, the deflection characteristics subjects is required under shut-down and securing procedures.
of the boom, including how deflection 1926.1427(j)(1)(i)(E). Paragraph One commenter suggested
affects the positioning of the load and (j)(1)(i)(E)(1) requires that an operator incorporating standard verbal operation
the extent to which deflection varies have technical knowledge about the signals into the certification criteria.
with boom angle and length as well as suitability of the supporting ground and (ID0110.1.) A different commenter
load weight. Also, equipment with surface to handle expected loads. asked OSHA to require knowledge of
lattice/cable supported booms has Paragraph (j)(1)(i)(E)(2) requires the dynamics of boom flex in its
different deflection characteristics than operators to possess technical criteria for certification. (ID0125.) To
equipment with non-lattice booms (that knowledge applicable to site hazards, the extent that knowledge of such
is, hydraulic ram extensible booms). such as hazards posed by excavations or signals and the dynamics of boom flex
Paragraph (j)(1)(i)(B) requires the vehicular traffic. Paragraph (j)(1)(i)(E)(3) are required for the safe operation of the
candidate to know the use of, and be requires operators to have technical type of equipment the individual will
able to calculate (manually or with the knowledge about site access so that the operate, they would be covered under
use of a calculator), load/capacity operator can evaluate whether 1926.1427(j)(1)(i). The examples of the
information on a variety of types of information that would be
configurations of the equipment. Such 120 As provided in 1926.1408(g)(1)(i)(A) on
required for certification are not all
information is typically contained in power line safety, operators must be aware of the
inclusive. OSHA defers to CDACs

danger of electrocution if they simultaneously
load charts and manuals. This provision touch energized equipment and the ground. They experience with respect to the
ensures that the operator is able to must also, pursuant to 1926.1408(g)(1)(i)(B), be determination of which examples
accurately determine, independently, trained to understand that when the equipment should be highlighted in paragraph (j).
the capacity of the equipment in each makes electrical contact with a power line, the No other comments were received on
operators safety requires him or her to remain
situation that he/she might encounter inside the cab except where there is an imminent
1926.1427(j); it is promulgated as
and thereby avoid overloading the danger of fire, explosion, or other emergency that proposed, except that OSHA has
equipment. necessitates their leaving the cab. corrected audible observations to read
auditory observations (observations A labor organization suggested that identify, anticipate, and avoid actions
through the use of the ear). the four-year phase-in period be which could result in hazardous
reduced to two years. (ID0409.1.) The conditions related to the equipment and
Paragraph (k) Phase-In
commenter stated that CDAC agreed to job site.
As discussed above, a number of the four-year period when it issued its Paragraph (k)(1)(ii) requires that
commenters believe that Option (1) of report in 2004 to allow sufficient time employers ensure that operators who do
this section (certification by an for additional certification services to not already have sufficient knowledge
accredited testing organization) is the become available. It noted that several or skill to operate the equipment safely
only viable option for many employers additional testing organizations had undergo training prior to engaging in
and expressed concern about the become accredited since 2004 to meet operations. In addition, the employer is
availability of sufficient accredited the demand for certification under required to ensure that the operator is
testing organizations to meet the various State laws and suggested that evaluated to confirm that he/she
demand that this rule would create. the number of accredited testing understands the information provided
Therefore, in the final rule, OSHA has organizations was now sufficient to in the training.
provided a four-year phase-in period for meet the demand under this rule within The interim measures in paragraph
compliance with paragraph (a)(2), two years. Another commenter also (k)(1) are not significantly different from
which requires employers to have their suggested that the phase-in period could requirements that were effective under
operators certified or qualified under be reduced to two or three years if subpart N of this part at former
Option (1) (independent certifying sufficient certifying organizations are 1926.550, 1926.20(b)(4) (the
organization), Option (2) (audited available when the final rule is issued. employer shall permit only those
employer certification), or Option (3) (ID0104.1.) employees qualified by training or
(U.S. military employees). Paragraph OSHA concludes that the rulemaking experience to operate equipment and
(k)(1) of this section of the final rule sets record supports the proposed four-year machinery), and 1926.21(b)(2)(the
out different effective dates for the phase-in period. While the availability employer shall instruct each employee
different provisions of 1926.1427: all of certification services has increased in the recognition and avoidance of
provisions except paragraphs (a)(2) and since CDAC issued its report, four unsafe conditions . . .). However, they
(f) of this section are enforceable as of years is a reasonable amount of time to are included in this final rule to ensure
the effective date of new subpart CC, ensure that the supply of certification that there will not be a gap with respect
whereas the certification required under services will be sufficient to meet to operator qualifications between the
paragraph (a)(2) will not be required demand. It will also provide time for termination of the requirements under
until the end of the phase-in period, those operators who need additional subpart N of this part at former
which is four years after the effective training to pass qualification/ 1926.550 and the effective date of
date of subpart CC. certification tests to complete that 1926.1427(a) through (j) and (m).
The phase-in period does not apply to training, and for accredited testing
compliance with licensing requirements organizations to develop tests in Paragraph (l) [Reserved.]
of government entities. Those languages other than English to Definitions
government entities already require accommodate crane operators for whom
compliance with their own licensing The proposed rule contained
English is not their first language.
requirements, and OSHA sees no The four year period will also provide definitions of portable and not
rationale for delaying compliance with time for the market to also respond to portable in proposed 1926.1427(m).
existing law. Employers would be demand for certification programs for In addition, OSHA stated that it was
required to comply with State or local certified auditors as described under considering adding a definition of
government entity licensing Option (2) of this section (and for employee of the U.S. military to
requirements only to the extent that employers who so choose to develop paragraph (m). As noted above, OSHA
State or local government entity licenses audited programs for use under Option has moved the definitions of portable
comply with the Federal floor (2)). Some State and local government and not portable to the provisions
established in paragraphs (e)(2) and (j) entities now offer licenses and, if those where those terms are used, and has
of this section. The options available licensing organizations do not already added a definition of employee of the
under 1926.1427(a)(2) would remain meet the criteria under Option (4) of this U.S. military to paragraph (d). As a
available, and the four-year phase-in section, the four-year phase-in period result, proposed paragraph (m) is not
period would apply. gives them time to do so if they so needed and is removed.
As already discussed, CDAC choose. CDACs determination that Physical Qualifications and Substance
determined that the market would four years is a reasonable phase-in Abuse Testing
respond to a qualification/certification period was not based solely on the
requirement, and the increase in the availability of testing services under Physical Qualifications
number of accredited testing Option (1) of this section, and OSHA CDAC considered whether to
organizations since CDAC completed continues to agree that period is include in this standard provisions that
its consensus document validates that appropriate. would require equipment operators to
view (OSHA notes that several more Under paragraph (k)(1), during this meet particular physical qualifications.
testing organizations have become four year period, 1926.1427(k)(1)(i) After considering various possible
accredited since the proposed rule was and (ii) address the qualifications and approaches, including those in industry
issued). There is no evidence in the training an operator must have before
consensus standards, the Committee

record that the available testing becoming qualified or certified under decided that it would be very difficult,
organizations will be unable to meet the one of the four options. Section and likely unnecessary, to identify
demand even if almost all employers 1926.1427(k)(1)(i) requires that minimum physical requirements that
choose that option. The four year period operators be competent for the purposes would be appropriate.
will provide time for additional testing of operating the equipment safely. This First, the physical demands of
organizations to become accredited for means that the operator must have the equipment covered by this rule vary
purposes of Option (1). requisite knowledge and skill to significantly depending on the type and,
in some cases, age of the equipment. For condition, they are not well situated to would be better not to include a
example, some equipment is operated determine if that condition should substance abuse requirement.
largely by electronic controls. In preclude the individual from operating Several commenters recommended
contrast, older friction cranes have a crane. that OSHA include substance abuse
pedal controls that can require OSHA also finds the comment by the testing in the final rule. (ID0104.1;
significant strength and stamina to trade association to be unpersuasive. 0105.1; 0151.1; 0152.1; 0187.1.)
operate. Some equipment is air First, this commenter nominated a C These commenters did not, however,
conditioned whereas other equipment is DAC member, who did not dissent on address CDACs conclusion that an
not. Tower cranes can require very long this issue. The commenter did not OSHA mandate for such testing could
climbs to the operator station; small explain why it is deviating from the have the adverse consequence of
mobile hydraulic cranes typically have position its nominee took on CDAC, limiting employers ability to enforce
an operators station that is much more and for that reason OSHA gives reduced their own substance abuse testing
easily accessible. A requirement weight to its comment. Moreover, OSHA programs and could thereby detract
regarding physical qualifications would notes that some of the criteria suggested from worksite safety. OSHA therefore
have to account for these types of by the commenter, particularly the defers to CDACs judgment and
differences. phrase other physical impairments, declines to include a substance abuse
Second, establishing physical are of questionable value in determining testing requirement in the final rule.
qualifications that would appropriately the physical qualifications of crane Section 1926.1428 Signal Person
account for the effect of medical operators. Indeed, OSHA determines Qualifications
conditions would be a complex that the commenters inclusion of such
undertaking. The Committee ultimately a catchall phrase highlights the As discussed under 1926.1419,
determined that, in light of its members difficulty of trying to list the medical Signalsgeneral requirements, the
experience that accidents caused by safety of equipment operations depends
conditions that should preclude a
problems associated with the operators in many situations on signals given to
person from operating a crane.
physical/medical condition are rare, the the operator. It is critical that the
In short, OSHA has not been given
issue of physical qualifications did not operator understand the signals given,
any persuasive reason to deviate from
need to be addressed by this standard. and the signal person must therefore be
the considered judgment of CDAC that
Several commenters suggested that able to give clear, accurate and
this standard should not address the
OSHA should require operators to appropriate signals that unambiguously
issue of physical qualifications of
undergo and pass medical convey the needed information. The
equipment operators.
examinations. (ID0104.1; 0143.1; Committee, which included a number of
0151.1; 0152.1; 0187.1.) A trade Substance Abuse Testing members with significant experience
association suggested that medical with signal persons, was concerned that
As explained in the proposed rule, C
testing of vision, hearing, and potential some signal persons are not able to
DAC considered whether to include
for seizures, epilepsy, emotional recognize the hazards involved with
mandatory substance abuse testing for
instability, high blood pressure, and certain crane operations, do not, in
equipment operators and others, such as
other physical impairments should be some cases, understand what it is that
signal persons, whose jobs affect safety.
part of requirements for safe crane the crane needs to do to accomplish the
It decided against doing so because of
operation. (ID0187.1.) A safety task, and do not know how to give the
the procedural limitations such a
consultant stated that establishing appropriate signals. This poses hazards,
requirement would impose on
physical qualifications that would such as struck-by and crushed-by
employers who have voluntarily
appropriately account for the effects of hazards, due to either
instituted substance abuse programs; a
medical conditions would not be a miscommunication or the
government mandate for substance
complex undertaking. communication of instructions that are
abuse testing would have to meet
(ID0152.1.) This commenter suggested inappropriate.
constitutional safeguards.121 For An example of the type of accident
that a doctor who performs an operators
example, under a government-mandated that can be caused by
physical and medical examination
testing program, an employer likely miscommunication from not knowing
could determine if an operator was
would not be permitted to stand down the appropriate signals is as follows:
medically qualified to operate a crane.
OSHA is not persuaded by these an operator based on an unconfirmed The signal person intends to indicate to
comments. First, OSHA concludes that test result but would need to wait until the operator to hoist up, since the load
it would not be reasonable to rely on the a positive result is verified by a medical needs to be raised straight up. However,
unguided discretion of examining review officer. The Committee did not the signal person uses the standard
physicians to determine whether an want to restrict an employers ability to signal for booming up in the mistaken
operator is medically qualified to suspend an operator who tested positive belief that this signal is for hoisting up.
operate a crane. Doing so would likely pending confirmation of the result. A struck-by or crushed-by incident
lead to a wide variation in the medical In short, the Committee balanced the could result because, when booming up,
conditions that different physicians potential benefits from a requirement for the load will move laterally as well as
believe are either necessary or substance abuse testing that would have vertically.
unnecessary for crane operation. more restrictive procedures against the A failure to understand what it is that
Moreover, individual physicians are fact that many employers already have the crane needs to do to accomplish a
unlikely to be aware of the variety of their own programs in place that, in C task can also lead to struck-by or
conditions that may influence an DACs view, may be more protective crushed-by incidents. For example, as a
individuals ability to operate a crane than what could be enacted as an OSHA crane booms down, boom deflection
safely, such as the variation in strength requirement. CDAC concluded that it tends to increase, which has the effect
needed to operate the controls on 121 See Skinner v. Railway Labor Executives
of lowering the load more than if there
different types of cranes. Although Assn, 489 U.S. 602 (1989); International
were no boom deflection. If the signal
physicians are able to determine if an Brotherhood of Teamsters v. Department of person is unfamiliar with this boom
individual has a particular medical Transportation, 932 F.2d 1292 (9th Cir. 1991). characteristic, he or she may fail to
signal in time for the load to stop at the Qualification Requirements in this demonstrated in a variety of ways and
correct point or may cause the load to subpart for a signal person. In is not establishing an accreditation
descend too quickly. reviewing the CDAC document, the requirement as for evaluators of crane
The Committee concluded that to Agency realized that the Committee had operators. The assessment of a signal
prevent such accidents it is necessary to not provided a definition for the term persons qualifications is inherently less
establish qualification criteria that third party qualified evaluator, which complex than the assessment of a crane
would have to be met for an individual was used in proposed 1926.1428(a)(1). operators qualifications because the
to serve as a signal person (that criteria OSHA therefore added to the proposed range of signals and their applications
is set out in proposed 1926.1428(c), rule a definition for this term. are more finite than the wide assortment
discussed below). The employer would The Agency requested public of scenarios and skills for which a crane
have the option of using one of two comment about whether this definition operator must be tested. As such, the
methods for ensuring that these criteria is appropriate, and two commenters need for independent assessment of the
were met. Under Option (1) of this indicated support for the definition. evaluator is diminished. Therefore, the
section ( 1926.1428(a)(1)), the signal (ID0187.1; 0205.1.) One commenter Agency has not made the suggested
person would have documentation from requested that, in the phrase, due to its changes; the definition is promulgated
an independent qualified evaluator independence and expertise, the as proposed except that the defined
(third party), as defined in 1926.1401, Agency add history in providing term is qualified evaluator (not a third
showing that the evaluator had training as an additional criterion and party) in the final rule.
determined that the signal person meets include labor-management joint Another commenter at the hearing,
the requirements of 1926.1428(c). apprenticeship training programs as an citing the availability of experienced,
This qualification would be portable, example of an entity that meets this trained signal persons in his
that is, any employer could rely on such definition. (ID0191.1; 0194.1.) organization, requested a grandfather
documentation to show that a signal The role of the third-party qualified clause for signal persons so that
person meets the criteria. CDAC evaluator in 1926.1428(a)(2) is to previous training and proof of hands-on
determined that such portability would assess the individuals competence. The practical experience would qualify
be appropriate because of the expertise needed for training is not the signal persons under this rule, citing the
independence and expertise of the same as the expertise needed for availability of experienced, trained
third-party evaluator. evaluating competence (see the signal persons in that organization. (ID
Under Option (2) of this section explanation of the distinction between 0345.17.) OSHA does not agree that a
( 1926.1428(a)(2)), an employers own training expertise and competence grandfather clause is necessary or
qualified evaluator (not a third party) evaluation in the discussion of appropriate. The experienced, trained
would determine that a signal person 1926.1427). Therefore, it would be workers to which the commenter refers
meets the qualification requirements. inappropriate to require training should be able to pass the required
Since such a determination would not expertise as a prerequisite for being assessment with little additional
be done by an independent entity, other considered a third-party qualified training.123
employers would not have a basis to evaluator.122 Similarly, while labor- OSHA concurs with the CDAC
assume that the assessment had been management joint apprenticeship Committees determination that it is
done correctly. Therefore, a training programs that train and assess important for employers to make the
qualification under this option would signal persons would typically meet the documentation of signal person
not be portable; other employers would definition for a third-party qualified qualifications readily available to
not be permitted to rely upon it to show evaluator, OSHA concludes that employees and others who need to rely
that the signal person meets these including them as an example in the on those qualifications, such as crane
requirements. definition could incorrectly imply that operators who rely on signal persons
One commenter argued for the training expertise (as opposed to provided by a different employer, or
deletion of Option (2) of this section assessment expertise) is a prerequisite. OSHA for compliance purposes. In
(the employer option) altogether to Several other commenters expressed proposed 1926.1428(a)(3), OSHA
ensure that an independent evaluator general support for the definition of a included CDACs language requiring
trains signalpersons according to the third-party qualified evaluator but that the documentation be available,
established best practices of the requested clarifications. Two of these rather than available at the site, but
industry. (ID0156.1.) The commenter commenters proposed changing the noted that CDAC intended that the
did not explain why employer definition to specify that an individual documentation be available at the site
evaluations were less effective. To the could also qualify as a third-party by, for example, the documentation
contrary, the Agency notes that CDAC qualified evaluator. (ID0205.1; being physically present at the site or
experience indicated that employer 0222.1.) This is unnecessary because through use of an on-site computer.
evaluations of signal persons were the word entity already encompasses OSHA asked for public comment on
effective. The employer evaluation may an individual. The other commenters changing the term available to
in some cases be even more effective recommended that OSHA further clarify available at the site.
and efficient than independent the definition by requiring an evaluating Two commenters objected to the
evaluations, such as for the evaluation entity to demonstrate its competence proposed change, indicating that it is
of employer specific signals. Sections through an independent bodys audit, not necessary to have the
1926.1428(a)(1) and (2) (Options (1) and certification, or accreditation. (ID documentation on site so long as it can
(2)) are promulgated as proposed. 0169.1; 0211.1.) OSHA agrees with C be readily produced. (ID0205.1;
The term qualified evaluator used in DAC that competence can be 0222.1.) The commenters did not,
proposed 1926.1428(a)(2) was defined
in proposed 1926.1401 as a person 122 A third party evaluator that did not have 123 In many cases the only additional training that
employed by the signal persons signal person training expertise would nonetheless likely will be needed for those experienced and
have to have substantive expertise in signaling and trained workers will be to become familiar with the
employer who has demonstrated that the other subjects referred to in 1926.1428, as well relevant requirements of 1926.14191926.1422,
he/she is competent in accurately as expertise in assessment, to meet the expertise and 1926.1428 (knowledge of that information is
assessing whether individuals meet the criterion in the definition. required under 1926.1428(c)(4)).
however, provide further explanation or other affected employers at the site, knows the hand signals for hoist or
cite any examples of how the such as the operators employer, to have stop. Rather, it is intended to identify
documentation would be readily a ready means of determining if the satisfactory completion of testing on
produced quickly through means other signal person has the necessary different categories of signals, such as
than via computer. Moreover, the knowledge and skill before beginning hand signals, radio signals, or flag
commenters suggestion that documents hoisting operationsalso necessitates signals.
be readily produced is vague and that the documentation be available at Paragraph (b) of this section addresses
could encompass documents that might the site. OSHA is concerned that if it is circumstances in which a signal person
be produced offsite quickly but not not available at the site (either in paper who had been qualified under
transmitted in a timely manner to the form or electronically), it is less likely 1926.1428(a) subsequently acts in a
work site. OSHA has decided to modify that the documentation will serve its manner that indicates that he or she
the language used in the proposed rule intended purpose. Therefore, in the may not meet the qualification
and require in the final rule that the final rule, the documentation required requirements. Such an indication would
documentation be available at the site, under both Option (1) and Option (2) of result, for example, where the use of
and is also adding language to make it this section must be available at the site. Standard Method signals have been
clear that the employer is responsible OSHA is also adding a requirement in agreed to but the signal person does not
for making that documentation available paragraph (a)(3) of this section of the give a Standard Method signal. Another
at the worksite. final rule that the documentation must example would be where the signal
In the proposed rule preamble, the person gives inappropriate signals (such
specify each type of signaling for which
Agency noted that the CDAC draft of as indicating to the operator to boom up
the signalperson has been tested and
Option (2) of this section did not when the action that is needed is to
meets the requirements of
explicitly state that documentation of hoist up).
1926.1428(c). This requirement In such circumstances the employer is
the signal persons qualification by this
parallels the requirement in prohibited from allowing the individual
method is required. However, proposed
1926.1427(b)(2) in which operator to continue working as a signal person
1926.1428(a)(3) stated that the
certification documents must specify until he or she is re-trained and has
documentation for whichever Option is
the type and capacity of the equipment been requalified in accordance with
used shall be available. * * * It was
for which an operator is certified. This 1926.1428(a). No comments were
not clear to the Agency if CDAC
new provision fills a potential received on this provision; it is
intended to require documentation
under Option (2) of this section as it did communication gap that would have promulgated as proposed.
for Option (1), or if it only intended that existed in the implementation of the Paragraph (c) of this section sets forth
any documentation the employer chose rule as proposed. As explained above, the qualification requirements for signal
to create under Option (2) would have one of the main reasons that OSHA is persons. Paragraph (c)(1) requires that
to be made available. requiring the documentation to be the signal person know and understand
One reason to require documentation available at the site is so that the whatever signal method will be used for
under Option (2) of this section is the operator, or any person on the job site, that particular job site.
Committees concern that, at present, who is unfamiliar with a signal person In addition, if hand signals are used,
the operators employer has no ready may review that documentation to the signal person must know and
means of determining if the signal ensure that the signal person is understand the Standard Method for
person (who is typically a different sufficiently qualified to provide the hand signals. Hand signals are widely
employers employee) has the necessary signals required for that job. Because used in this industry. As discussed
knowledge and skill for signaling until many of the qualifications that must be above with respect to 1926.1419(c),
after hoisting operations have begun. In tested under paragraph (c) of this CDAC determined that accidents due
other words, a problem with the signal section are conditional (e.g., if hand to miscommunication could be reduced
persons ability may not become evident signals are to be used, the signal person if there were more widespread use of
to an operator until a hazardous must understand the Standard Method standardized hand signals. CDAC
situation has already arisen. Requiring hand signals), and the proposed rule did concluded that this provision will
documentation enables this not specify any content for the promote greater use of standardized
determination to be made before documentation, the documentation hand signals through the use of the
hoisting operations begin. provided by a third-party qualified Standard Method.124 No comments were
Requiring documentation under evaluator under Option (1) of this received on this provision; it is
Option (2) of this section addresses C section might simply have generally promulgated as proposed.
DACs concern. Therefore, in the noted the satisfactory completion of Paragraph (c)(2) of this section will
proposed rule, OSHA expanded the first testing in accordance with help prevent miscommunication
sentence of the CDAC version of 1926.1428(c). In that case, under the between the signal person and the crane
1926.1428(a)(2) to clarify that proposed rule, an operator preparing for operator by requiring the signal person
documentation is required under Option a job requiring the use of hand signals to be competent in the application of
(2). The only comment received on would not have been able to use that whatever signals are used. No comments
OSHAs inclusion of an explicit documentation as intended to determine were received on this provision; it is
requirement for documentation under whether the signalperson knew and promulgated as proposed.
Option (2) was from SC&RA, which understood the Standard Method for Paragraph (c)(3) of this section
hand signals. Under the final rule, the
supported its inclusion. (ID0205.1.) requires the signal person to have a

Therefore, in the final rule, operator will be able to make that basic understanding of crane operation
documentation is required under Option determination quickly because the
(2). documentation must specify whether 124 As discussed above with respect to
The Agency concludes that the the signalperson was examined on hand 1926.1419(c), there are circumstances when it
would be permissible to use hand signals other than
rationale for including an explicit signals. This requirement is not the Standard Method signals. Also, under
requirement for documentation under intended to require significant detail, 1926.1419, signals other than hand signals can be
Option (2) of this sectionthe need for such as specifying that the signalperson used.
and limitations, including crane Paragraph (c)(5) of this section would qualification and certification, when
dynamics involved in swinging and require that the signal person pass operating equipment for such purposes.
stopping loads and boom deflection knowledge and practical tests to The operations involved for these
from hoisting loads. As explained in the demonstrate that he or she meets the purposes are almost always done
proposed rule preamble, it is critical qualification requirements. The without a load on the hook. The only
that the signal person understand how knowledge test may be either oral or instance when there is a load on the
the crane and load will move in written. CDAC noted that signal hook is if the equipment is load tested.
response to the various signals he or she persons normally need not read or write However, even when load testing, the
gives so that the signal person will give to perform their jobs effectively. No operation is very limited, since the load
the most appropriate signals and reduce comments were received on this is not moved about as it would be
the occurrence of struck-by, crushed-by provision. Therefore, OSHA agrees with during normal crane operations.
and other hazards (see 73 FR 59823, CDAC that administering the While such limited operation does
Oct. 9, 2008). No comments were knowledge test orally, without a not, in CDACs view, necessitate the
received on this provision; it is separate demonstration of literacy, maintenance, inspection or repair
promulgated as proposed. should be permitted. The provision is personnel to meet the proposed
Paragraph (c)(4) of this section promulgated as proposed, with one 1926.1427 requirements, a failure to
specifies that signal persons must know minor grammatical correction. operate the equipment properly even in
and understand the relevant these limited circumstances can result
requirements in 1926.1419 Section 1926.1429 Qualifications of in accidents from, for example,
1926.1422, which address the types of Maintenance and Repair Workers unintended movement or tip-over.
signals that may be used and the This section addresses the OSHA agrees, and is therefore
circumstances surrounding their use, qualifications that the workers who permitting maintenance and repair
and the requirements of 1926.1428. C maintain and repair cranes/derricks workers to operate equipment during
DAC included the phrase relevant must possess. Subpart N of this part at their work only under specific
requirements to make clear that a signal former 1926.550 contained no restrictions designed to ensure safety.
persons qualification could be limited provisions concerning the qualifications Specifically, under paragraph (a)(1) of
with regards to the use of a particular of maintenance and repair workers. this section, maintenance and repair
type of signal and associated The Committee had two basic workers are permitted to operate the
information. concerns regarding maintenance and equipment only to the extent necessary
For example: A crane operation is repair work. First, it was aware of to perform maintenance, inspect the
going to use Standard Method hand accidents that had occurred when the equipment, or verify its performance.
signals. The signal person knows and equipment that was being maintained or Under this provision, maintenance and
understands all aspects of 1926.1419 repaired was operated improperly. For repair workers are not permitted to
that are relevant when using hand example, a maintenance worker who operate the equipment during regular
signals, as well as 1926.1422, booms down a mobile hydraulic crane operations.
Signalshand signal chart. In addition, to one side without following the Paragraph (a)(2) of this section
the signal person meets the manufacturers instructions for requires the maintenance and repair
requirements in 1926.1428(c)(1) and deploying outriggers may overturn the worker who operates equipment to
(2) with respect to the use of Standard equipment. CDAC concluded that either (i) do so under the direct
Method hand signals. The signal person placing restrictions on equipment supervision of an operator who meets
also has the knowledge necessary to operations during such work would the requirements of 1926.1427,
meet the provision in 1926.1428(c)(3), help prevent such accidents. Operator qualification and certification,
and demonstrates through a verbal or Second, the Committee sought to or (ii) be familiar with the operation,
written test, and through a practical test, avoid hazards that can result from limitations, characteristics and hazards
that he/she has this knowledge and maintenance and repair work that is associated with the type of equipment
capabilities. However, the signal person done improperly by ensuring that involved.
is unfamiliar with the contents of maintenance and repair workers are Paragraph (b)
1926.1420, Signalsradio, telephone sufficiently qualified to perform their
or other electronic transmission of work. For example, if a load-bearing In light of the safety hazards that
signals, or of 1926.1421, Signals component is removed for maintenance could result from maintenance and
voice signalsadditional requirements. or repair and re-installed incorrectly, repairs that are performed improperly,
In this example, it would be unintended movement of the load or CDAC determined that it was
appropriate for the signal person to be even a collapse could occur during necessary for maintenance and repair
qualified under either Option (1) or operations. workers to meet the qualified person
Option (2) of this section (see criteria. OSHA agrees. Paragraph (b) of
1926.1428(a)) so long as that Paragraph (a) this section therefore provides that
qualification was limited to signaling The Committee was aware that maintenance and repair personnel must
with Standard Method hand signals. maintenance and repair workers meet the definition of a qualified person
Since the signal person would be sometimes need to operate equipment to with respect to the equipment and
qualified only for Standard Method perform maintenance, inspect the maintenance/repair tasks they perform.
signaling, there would be no need for equipment, or verify the performance of As defined in 1926.1401, a qualified
that person to have the knowledge or person is a person who, by possession
the equipment. This work typically

capabilities associated with other types involves operating the equipment to get of a recognized degree, certificate, or
of signaling. In such a situation access to components, diagnose professional standing, or who by
employers, though, would be precluded problems and check repairs. extensive knowledge, training, and
from using such a person if other types CDAC did not determine it necessary experience, successfully demonstrated
of signals were to be used. No comments for maintenance, inspection and repair the ability to solve/resolve problems
were received on this provision; it is personnel to meet the requirements in relating to the subject matter, the work,
promulgated as proposed. proposed 1926.1427, Operator or the project.
Two commenters requested that hazards associated with them) for which with equipment that comes closer to
maintenance and repair workers be certain types of training are necessary. power lines than the minimum
certified by a third party. (ID0061; The Agency is also clarifying in clearance distance permitted under
0156.1.) As noted in the preamble to 1926.1430 that employers have a duty 1926.1408 and 1926.1409, must also
the proposed rule and again here, C to train each employee covered by be trained in accordance with
DAC considered the requirements for subpart CC, and to provide that training 1926.1408(g). To accommodate this
maintenance and repair workers and at no cost to the employee. In the change, 1926.1430(a) also includes a
found that the term qualified person introductory text to proposed reference to 1926.1410(m).
would adequately address these 1926.1430, the Agency specified that Under paragraph (b) of this section,
concerns. OSHA agrees, and is the employer shall provide all Signal persons, employees assigned to
promulgating paragraph (b) without applicable training, which was included work as signal persons and need
substantive change. OSHA is to indicate that the employer would training to meet the requirements of
substituting the word must for shall bear the cost of training. This is 1926.1428(c) must be trained in the
consistent with the Agencys treatment areas addressed in that paragraph. As
in the last sentence of that paragraph to
of training costs in the preliminary discussed in 1926.1428(c), each
avoid any implication that a
economic analysis provided in the employee who serves as a signal person
maintenance and repair worker is, by
preamble for the proposed rule. (See, must pass a verbal or written test, and
definition, a qualified person. e.g., 73 FR 59895, Oct. 9, 2008 (operator a practical test demonstrating the
Section 1926.1430 Training certification training treated as cost to required knowledge and skills. One
employer).) In the final rule, OSHA is commenter believes the training
With a few exceptions, the rewording each of the training requirement outlined in this paragraph
requirements in this final rule for this requirements to further clarify the could be interpreted to mean that only
section are the same as those in the employers responsibilities with respect training is required and the qualification
proposed rule (see 73 FR 59939, Oct. 9, to all training requirements under requirements of 1926.1428 are not
2008). This section both references subpart CC, and is adding new applicable. (ID0292.1.) This is
training criteria required by other 1926.1430(g)(3) to expressly state that incorrect. This paragraph requires an
sections of subpart CC and sets forth employers must provide all training at employer to ensure the employee
additional training criteria and no cost to the employee. assigned as a signal person receives
requirements. Additionally, Several commenters recommended training, or re-training if needed, to be
1926.1430(h) requires employers to that additional training be required. (ID a signal person according to
evaluate employees understanding of 0126.1; 0156.1;0182.1; 0209.1.) One 1926.1428. This is not a replacement
the training. suggested that maintenance and repair for the qualification requirements of
personnel be certified by either the 1926.1428. This provision is
The Agency determined that both manufacturer or an independent third promulgated as proposed except for the
training and testing of certain party that they are trained in the clarification of the employers duty to
employees are critical to the safety of maintenance and repair of the crane. train each employee.
crane/derrick use in construction.125 (ID0156.1.) However, under Proposed paragraph (c) of this section
The requirements of this section and 1926.1429(b), maintenance and repair was entitled Operators, and set forth
subpart with respect to training do not employees are required to be qualified training requirements for operators of
replace those established by 1926.21, persons. Those employees must be equipment covered by this subpart.
Safety training and education, which trained on the requirements of subpart Proposed 1926.1430(c)(1) stated that
requires the employer to (1) establish CC as required by 1926.1430(d) and operators who are not qualified or
and supervise programs for the must have the education or experience certified under 1926.1427 shall be
education and training of employers and to be considered a qualified person as trained in the areas addressed in
employees in the recognition, avoidance defined in 1926.1401. This commenter 1926.1427(j). * * *
and prevention of unsafe conditions in has not presented evidence showing Several commenters believed that the
employments covered by the [OSH] that manufacturer or third party language of proposed 1926.1430(c)(1)
Act, and (2) instruct each employee in certification would significantly indicated that operators who have not
the recognition and avoidance of unsafe improve the qualifications of been qualified or certified under
conditions and the regulations maintenance and repair personnel who 1926.1427 may nonetheless operate
applicable to his work environment to meet the test of qualified person. cranes. (ID0156.1; 0182.1; 0208.1;
control or eliminate any hazards or Another commenter felt additional 0292.1.) One commenter noted it could
other exposure to illness or injury. hazard awareness training should be be interpreted to mean that certification
Instead, they supplement and clarify the required for employees. (ID0182.1.) was not required, only training. (ID
general training requirements for OSHA determines that the training 0182.1.)
particular conditions and activities. requirements of this and other sections Such interpretations are contrary to
These specific provisions ensure that of subpart CC, along with 1926.21, the Agencys intent. OSHA used the
employees have the necessary provide for adequate training of all word operator in the proposed
knowledge and skill to work safely with employees and allow employers 1926.1427(c) to refer to any employee,
and around cranes. Greater specificity flexibility to provide training as needed with the exception of maintenance and
highlights the particular tasks (and the for each employee at various worksites. repair workers, who operates
Proposed 1926.1430(a), Overhead
equipment, whether or not that

125 With respect to operator testing, as discussed powerlines, stated that employees listed employee has completed all necessary
in connection with 1926.1427, Operator in 1926.1408(g) must be trained training. It has the same meaning when
qualification and certification, this standard places accordance with the requirements of used in final 1926.1427(c).
special emphasis on ensuring that equipment that paragraph. As discussed in Proposed paragraph (c)(1) was
operators have acquired the knowledge and skills
necessary to operate their equipment safely. This
1926.1410, OSHA has added intended to apply to operator trainees
standard also includes specific assessment 1926.1410(m), which requires that who must be qualified or certified under
requirements for signal persons (see 1926.1428(a)). operators and crew assigned to work 1926.1427 to operate equipment, but
are not yet qualified or certified. Also in do not apply until four years after the endanger workers in the proximity of
this category are employees who need effective date of this standard, OSHA the hoisting equipment. Paragraph
training to become re-qualified or re- concludes that it makes sense for two (c)(4)(i) also requires similar training for
certified, or who failed to pass a reasons to train employees in the same testing the brake on all other equipment
qualification or certification test and areas that they will need to master to with a boom. Again, this procedure
need additional training. Such pass the certification/qualification provides an additional safety measure
employees are only permitted to operate examinations: (1) It will facilitate their related to the hazards resulting from an
cranes under the conditions specified in preparation for the examination, and (2) uncontrolled boom. For clarity, the
1926.1427(f), and the proposed rule these areas have been identified in the Agency has added a reference to
required them to be trained in the record as the minimum knowledge and 1926.1417(f) and (j) for additional
operator certification/qualification skill sets that all operators should requirements related to tag-out
criteria provided in 1926.1427(j). possess. procedures and communication for any
Because the certification and Paragraph (c)(3) applies to operators necessary repairs. See discussion of
qualification requirements of of equipment covered by this subpart these requirements above at
1926.1427 will not be phased in until but are expressly excepted from the 1926.1417(f) and (j).
four years after the effective date of the certification and qualification Paragraph (c)(4)(ii) requires the
standard, see 1926.1427(k), OSHA requirements of 1926.1427. This operator to be trained in the
specified in the preamble to proposed includes those operators for whom the manufacturers emergency procedures,
paragraph (c)(1) that operator training qualification or certification when available, for stopping unintended
during this phase-in period would requirements of 1926.1427 do not equipment movement. This provides
likewise be required to address the apply based on the type of equipment another level of protection to minimize
criteria in 1926.1427(j) (see 73 FR being operated. Section 1926.1427(a) employee injury resulting from
59826, Oct. 9, 2008). provides: Exceptions: Operator unintended equipment movement.
To clarify its intent in the final rule qualification or certification under this OSHA recognizes that manufacturers
OSHA has split proposed paragraph section is not required for operators of emergency procedures for halting
(c)(1) of this section into three separate derricks (see 1926.1436), sideboom unintended equipment movement may
paragraphs, (c)(1) through (3), and cranes (see 1926.1440), and equipment not always be available and therefore
renumbered proposed (c)(2) as (c)(4). with a maximum manufacturer-rated this training is required only when the
Revised paragraph (c)(1) is intended to hoisting/lifting capacity of 2,000 pounds procedures are available.
apply after the four-year phase in period or less (see 1926.1441). For the same One commenter requested that more
to employees who must be certified, or reasons that the Agency has concluded specialized training, such as model-
qualified, under 1926.1427 and are that the operator certification/ specific training, should be required for
training to do so for the first time, and qualification criteria in 1926.1427 are newly hired operators or operators
to employees who are training for re- not appropriate for these operators, the assigned to new or different models of
certification/re-qualification. These Agency concludes that training on the equipment. (ID0199.1.) OSHA
employees, who will only be permitted same 1926.1427(j) criteria would also determines that the rule addresses this
to operate the equipment as operators not be necessary. Instead, these commenters concern. An operator
in training and subject to several operators, must be trained in the safe qualified or certified under 1926.1427
conditions, must be trained in the areas operation of the type of equipment they has shown that he/she is qualified to
addressed in 1926.1427(j) (criteria for will be operating. operate any type of equipment covered
operator certification testing). Proposed paragraph (c)(2) has been by the qualification/certification. Others
Paragraph (c)(1) also requires renumbered in the final rule as must be trained in the type of
employers to provide the necessary paragraph (c)(4). Final rule paragraph equipment they are operating under
additional training if the operator-in- (c)(4) applies to all persons operating paragraph (c) of this section.
training does not pass a qualification or equipment under subpart CC, regardless Paragraph (d) of this section,
certification test. CDAC determined, of whether that person must be certified Competent persons and qualified
and OSHA agrees, that it is important or qualified under 1926.1427, and persons, requires competent persons
for an employer to provide the training regardless of whether it is during or and qualified persons to be trained
necessary for its operators to be after the four-year phase-in period, and regarding the requirements of this
qualified or certified as required by this requires operators to be trained in two subpart applicable to their respective
subpart. practices that CDAC deemed worthy of roles.
CDAC selected the criteria in specific emphasis for the safe operation A person assigned by an employer to
1926.1427(j) as the minimum of any equipment. Paragraph (c)(4)(i) be a competent person or qualified
knowledge and skill requirements requires training in the testing of the person under this rule must already
necessary for safe operation of boom hoist brake on friction equipment have had a certain level of training (or,
equipment. OSHA is therefore requiring prior to moving a boom off a support to in the case of a competent person, either
training in the same areas to ensure determine whether the brake requires training or experience) to meet the
consistency with the certification/ adjustment or repair. The purpose of criteria applicable to such a designation.
qualification process and to develop the this procedure is to ensure that the This paragraph does not address such
trainees knowledge and skills in the brake is sufficient before the boom is at trainingit does not require the
areas that the record reflects are critical too great an angle or height. Using this employer to provide the training needed
for an employee to meet the criteria to
to the safe operation of equipment. procedure, if the brake is deficient, the

New paragraph (c)(2) addresses boom will fall only a short distance. become a competent or qualified person.
training during the 4-year phase-in This provides an additional safety The sole purpose of this paragraph is to
period in the same way for the same measure related to the hazards resulting require the employer to ensure that both
people as in paragraph (c)(1): Each must from an uncontrolled boom. Moving the competent persons and qualified
be trained in the areas addressed in boom when the brake is not working persons are trained on the requirements
1926.1427(j). Although the properly can result in uncontrolled of this subpart applicable to the persons
certification/qualification requirements lowering of the boom, which can role and responsibility. For example,
under 1926.1430(d), a competent up procedures was inadvertently arrange the blocking in the proper
person assigned to conduct shift omitted in the text of the proposed rule manner. Either method can give the
inspections required in 1926.1412(d) since these employees are authorized to supervisor the necessary information to
must be trained in the required elements start/energize equipment. OSHA has determine if the employee understood
of a shift inspection. This training is corrected this omission in the final rule the proper method or if additional
necessary to ensure that the competent by adding a reference to start-up training is required.
person or qualified person is aware of procedures in 1926.1417(g) in the Another commenter recommended
his/her role under this subpart regarding regulatory text. the incorporation by reference of ANSI/
finding/correcting hazardous Paragraph (g) of this section requires ASSE Z490.12001 for how to test
conditions. employers to ensure that employees trainees. (ID0178.1.) Much of sec. 6.2
Another example is maintenance and understand the required training and of that standard reflects the same
repair personnel, who may operate provide refresher training when concepts referred to above and may be
equipment under limited conditions necessary. Specifically, useful to employers. However, a Note
necessary to perform the maintenance or 1926.1430(g)(1) requires the employee to sec. E6.2.2 suggests that self-
repair (see 1926.1429(a)). Such an to be evaluated to verify that he/she evaluations may be adequate. OSHA
employee must be a qualified person, understands the information provided does not conclude that a self-evaluation
1926.1429(b), and must be trained in in training required by this subpart. The is appropriate to meet the requirements
accordance with 1926.1430(d) to Agency determined that, to ensure that of 1926.1430(g)(1). While other aspects
operate the equipment as necessary to the training is effective, some means of of the ANSI/ASSE standard may be
perform the maintenance or repair. The assessment for understanding is needed. useful as a guide to employers, it is not
Agency notes, however, that One commenter believed this drafted in a way that is suitable for
maintenance and repair workers are not requirement was unclear and did not enforcement of this provision. For these
considered operators for the purposes understand how an employer would reasons, OSHA declines to incorporate
of paragraph (c) of this section and are determine if training was effective. (ID it by reference as a requirement.
therefore not required to be trained in 0232.1.) This commenter also indicated
all of the areas addressed in Paragraph (g)(2) of this section
that it could be interpreted that a test requires the employer to provide
1926.1427(j), or as required under would always be required to determine
1926.1427(c)(3). refresher training for an employee
whether training had been effective. when, based on evaluation or employee
The Agency purposely does not use conduct, it is indicated that retraining is
paragraph; it is promulgated without
the term test in this paragraph. Test needed.
change from the proposed rule except
may be interpreted to mean a
for the clarification of the employers One commenter recommended a
duty to train each employee. standardized written or a structured oral
requirement for a minimum number of
Paragraph (e) of this section, Crush/ exam, which may not be appropriate for
continuing education courses each year
pinch points, provides that employees all situations. OSHA determines the
for employees. (ID0209.1.) Another
who work with equipment covered by method of evaluating an employees
commenter recommended that refresher
this subpart must be instructed to stay training for effectiveness will vary by
training be done every 3 years or earlier
clear of holes, crush/pinch points and the subject matter of the training and the
when based on evaluation of employee
the hazards that are addressed in employee, and the Agency has therefore
conduct. (ID0182.1.)
1926.1424, Work area control. See the drafted this paragraph to provide
sufficient flexibility for the employer to The Agency finds these comments to
discussion above of hazards and be unpersuasive. As proposed, the
requirements addressed by 1926.1424. determine the most appropriate method
of evaluation. Any number of methods employer is required to retrain an
No comments were received on this employee based on the individuals
provision, and it is promulgated as could be used to determine if an
employee has understood the training conduct. OSHA determines this
proposed except for the clarification of promotes a more effective retraining
the employers duty to train each provided. For example, during
assembly/disassembly a certain method requirement than one based on time or
employee. type of coursework.
Paragraph (f) of this section, Tag-out, of blocking may be needed. The
states that operators and other supervisor trains and instructs the Therefore, paragraphs (g)(1) and (2) of
employees authorized to start or employee on the proper method. The this section are promulgated as set forth
energize equipment or operate supervisor can then evaluate the in the proposed rule. As noted above,
equipment controls (such as employees comprehension of training the Agency is adding new paragraph
maintenance and repair workers) must in a number of ways. One way could be (g)(3) to clarify that employers are
be trained according to the tag-out and simply to ask the employee to orally responsible to provide the training
start-up procedures in 1926.1417(f) describe how he/she would do this task, required under subpart CC at no cost to
and (g). See the discussion above of or to have the employee physically employees.
these procedures in 1926.1417. emulate the blocking method. Another The following chart summarizes the
On review of this paragraph, OSHA would be to provide blocking to the location of the training requirements in
determines that a reference to the start- employee and ask the employee to the final rule:
Section Training requirement

1926.1408(g) and 1926.1410(m) ............................ Power line safety.

1926.1424(a)(2) ......................................................... Swing radius hazards.
1926.1437(c)(2)(ii) ..................................................... Swing radius hazards (floating cranes & land cranes on barges).
1926.1430(e) ............................................................. Crush/pinch points (Work Area Control).
1926.1430(f) .............................................................. Tag-out.
1926.1430(f) .............................................................. Start-up.
1926.1430(d) ............................................................. Competent and Qualified Persons.
1926.1430(g)(2) ......................................................... Refresher training (general).
Section Training requirement
1926.1430(b) ............................................................. Signal person training (equipment with greater than 2,000 pound maximum rated capac-
ity).
1926.1428(b) ............................................................. Signal person re-training.
1926.1427(f) .............................................................. Operator-in-training.
1926.1427(k), 1926.1430(c)(2) and Operator training during transitional period.
1926.1430(c)(4).
1926.1430(c)(3) ......................................................... Operator training for equipment where qualification or certification is not required by this
subpart.
1926.1430(c)(1) ......................................................... Operator training for qualification or certification.
1926.1430(c)(4)(i) ...................................................... Operator trainingboom hoist brake test.
1926.1430(c)(4)(ii) ..................................................... Operator trainingemergency procedures (halting unintended movement).
1926.1441(e) ............................................................. Operator training (2,000 pound maximum rated capacity).
1926.1441(f) .............................................................. Signal person training (2,000 pound maximum rated capacity).
1926.1423(k) ............................................................. Fall protection training.
Section 1926.1431 Hoisting Personnel This paragraph does not apply to reaching the work area presents a
This section of the final rule sets forth work covered by 29 CFR part 1926 greater hazard or is not possible. OSHA
additional requirements when subpart R, Steel Erection. Subpart R, at agrees, and is retaining the same
equipment is used to hoist employees. 1926.753(c)(4), allows the use of substantive requirement in the final
Because equipment covered by this equipment to hoist personnel in a rule.
platform that complies with subpart CC Upon review of this provision, the
subpart is designed to move materials,
without the need for a showing that Agency realized the use of the word
not personnel, additional requirements
other means of reaching the work area worksite in the phrase, conventional
are necessary for employee safety. This
would create a greater hazard or is means of reaching the worksite could
section replaces the requirements of be misleading. The Agency has changed
subpart N, former 1926.550(g). Those impossible. OSHAs reasons for
including this exception in subpart R the phrase to conventional means of
requirements have been effective in reaching the work area. The term
reducing accidents and as a result most are discussed in detail in the preamble
to the steel erection standard (66 FR worksite could be interpreted to mean
of the requirements have been the entire construction worksite. This
continued in this rule. However, while 5196, 5209, Jan. 18, 2001).
One commenter asserted that requirement is about an employee
continuing most of the hoisting working in a particular area or place on
personnel requirements that were in employers engaged in work covered by
29 CFR part 1926 subpart V, Power a larger worksite. OSHA finds the use of
subpart N, subpart CC clarifies the phrase work area to provide
requirements where needed and has Transmission and Distribution, should
be allowed to use equipment (with a greater clarity. Therefore, the provision
added requirements for certain is promulgated as proposed
activities, such as hoisting personnel in boom attached platform) to hoist
personnel without showing that other incorporating this terminology change.
a drill shaft, as discussed below. With
a few exceptions, the requirements in means of reaching the work area creates Paragraph (b) Use of Personnel
this final rule are the same as those a greater hazard or is not possible. (ID Platform
found in the proposed rule (see 73 FR 0144.1.) This commenter bases this Paragraph (b)(1) of this section
59714, 5993959943, Oct. 9, 2008). The assertion on the premise that many generally requires the use of a personnel
following discussion will primarily manufacturers offer a platform platform when hoisting employees and
focus on the differences between the specifically designed to attach to the tip requires that criteria specified in
proposed rule and this final rule. of the boom which may include 1926.1431(e) be met for such
OSHA stresses the provisions in this platform mounted controls. The platforms. Paragraph (b)(2), Exceptions,
section are additional requirements that commenter believes that when using sets forth the construction activities in
must be met when equipment is used to this type of platform, the equipment which hoisting personnel without using
hoist personnel. During such use, all essentially transforms the crane into a a personnel platform is allowed. These
other applicable requirements of this large aerial lift. activities are: hoisting employees into
subpart must be met. The Agency finds this comparison and out of drill shafts 8 feet and smaller
unpersuasive. As stated above, in diameter, pile-driving operations,
Paragraph (a) equipment covered by this section is marine worksites, storage tanks (steel or
This paragraph states that equipment primarily designed for hoisting concrete), shaft operations and chimney
may be used to hoist personnel only materials, not people. CDAC operations. OSHA considers the use of
when all other means of reaching the concluded that it was important to a personnel platform in these situations
work area present a greater hazard or is differentiate between equipment to be generally infeasible or more
not possible because of the projects primarily designed for moving hazardous than other means. This
structural design or worksite conditions. personnel, such as an aerial lift, as section contains specific requirements
It reflects OSHAs longstanding compared to equipment that is primarily for hoisting personnel during these
recognition that using cranes and designed to lift materials. In the
operations at 1926.1431(o), (p), (r),

derricks to lift personnel is inherently judgment of the Committee, a personnel and (s), including alternatives to the use
hazardous and should only be done platform attached to equipment covered of a personnel platform. Each of the
when it is either the least hazardous by this section presented a greater exceptions is discussed below under the
means or when, in light of the hazard than a machine that is designed particular paragraph related to that
configuration of the worksite, it is the for moving personnel. Therefore, the operation.
only means of performing required proposed rule would have required an No comments were received on
work. employer to show that another means of 1926.1431(b); it is promulgated as
proposed except that must replaces One commenter asserted that a three boom sections at various angles
shall to ensure that the sentence is specific boom limit of not less than 65 and numerous combinations of boom
imperative, not merely descriptive. degrees should be added to the angles will achieve the same lifting
requirements of this paragraph. (ID capacities. (ID0206.1.) OSHA agrees
Paragraph (c) Equipment Set-Up
0178.1.) The commenter did not provide that essential design of the articulating
This paragraph sets forth the basic any rationale for this recommendation. crane precludes the use of a boom angle
criteria for equipment set-up for Therefore, OSHA defers to CDACs indicator. However, to provide some
personnel hoisting. expertise in this area and is protection against falling and tipover
Paragraph (c)(1) of this section promulgating this provision as hazards, OSHA has determined that an
requires the equipment to be on level, proposed. alternative device must be used on
firm and stable footing. A qualified Paragraph (d)(2), Capacity: Use of articulating cranes when they are used
person must determine if the footing is boom-attached personnel platforms, to hoist personnel. As discussed under
sufficiently firm and stable. Stable establishes the load limit at 50 percent 1926.1400, Scope, the record indicates
footing is essential to minimize the of rated capacity for platforms that are that many articulating cranes are
hazard of the equipment tipping while attached to the boom. It also provides an equipped with automatic overload-
hoisting personnel. CDAC determined exception to the 50 percent capacity prevention devices. Such a device
that the danger of the equipment limit during equipment proof testing. provides protection comparable to that
potentially tipping when hoisting The same reasons for the 50 percent provided by a boom angle indicator,
personnel justifies the need for a limit in 1926.1431(d)(1) apply here. which helps the operator prevent the
qualified person to examine and In the proposed rule, OSHA requested crane from becoming overloaded by
approve the equipments stability. public comment on whether additional providing the boom angle information
OSHA agrees. requirements (i.e., requirements other needed to apply the cranes load chart.
Paragraph (c)(2) specifies that each than those specified in the proposed Because overload protection is
outrigger must be both extended and rule for a suspended personnel particularly vital when equipment is
locked. The amount of extension must platform) should apply when using used to hoist personnel, OSHA is
be the same for all outriggers and also boom-attached personnel platforms. No addressing the comment about
be in accordance with the comments were received stating that articulating cranes by adding
manufacturers specifications. Proper this type of platform could present an 1926.1431(d)(5)(ii), which specifies
placement and deployment of additional hazard to employees. One that articulating cranes must be
outriggers, CDAC concluded, is commenter stated that this type of equipped with a properly functioning
essential to prevent the hazard of platform is safer than a suspended automatic overload protection device.
equipment tipping while hoisting personnel platform. (ID0144.1.) Since No comments were received on the
personnel. no comments or information were remaining provisions of paragraph
Equal extension of outriggers received demonstrating that precautions (d)(5); they are promulgated as
eliminates the hazard of the operator beyond those already proposed are proposed, except that
forgetting that one or more outriggers needed for boom attached personnel 1926.1431(d)(5)(ii)(vi) have been
has a shorter extension and swinging platforms, OSHA has not added any renumbered as 1926.1431(d)(5)(iii)
into that area with a load that exceeds further requirements for this type of (vii) because of the addition of new
the cranes capacity. The essential factor platform in the final rule. Therefore, this 1926.1431(d)(5)(ii). Additionally, with
is to have each outrigger extended paragraph is promulgated as proposed. respect to paragraph (d)(5)(vii), the
equally within the manufacturers Paragraph (d)(3), Capacity: Hoisting following has been added: (See
specifications and procedures, whether personnel without a personnel platform, 1926.1417 for tag-out and related
it is a full or partial extension. No establishes the load limit at 50 percent requirements.) This sentence has been
comments were received on of rated capacity. In calculating the added to ensure the reader is aware of
1926.1431(c); it is promulgated as load, the weight of the personnel, the applicable tag-out and related
proposed. including the hook, load line, rigging requirements of 1926.1417, Operation.
and any other equipment that imposes Paragraph (d)(6) prohibits the use of a
Paragraph (d) Equipment Criteria a load must be included. No comments personnel platform directly attached to
This paragraph sets forth were received on this provision; it is a luffing jib. In the experience of CDAC
requirements for the equipment used to promulgated as proposed. members, a complete prohibition of use
hoist personnel. Paragraph (d)(4) requires engaging all of a boom-attached personnel platform
Paragraph (d)(1) of this section, the equipments locking or braking to a luffing jib was necessary in light of
Capacity: Use of suspended personnel devices when the platform has reached the range of motion of a luffing jib and
platform, limits the total load to 50 its stationary work position. The the fact that boom-attached personnel
percent of the equipments rated purpose is to minimize sudden and platforms are not designed for
capacity and specifies that the total load unintended movement or tipping of the attachment to a luffing jib. Thus, only a
includes the hook, load line, and platform when employees have reached suspended type personnel platform may
rigging. The 50 percent capacity limit the work area. No comments were be used on a luffing jib. OSHA defers to
does not apply during equipment proof received on this provision; it is the expertise of the Committee. No
testing. promulgated as proposed. comments were received on these
The 50 percent limit reflects CDACs The provisions of paragraph (d)(5), provisions; they are promulgated as
conclusion that using this equipment to Devices, require certain safety devices
proposed.
hoist personnel requires a greater for equipment addressed by this section
number of safety precautions than when (see 73 FR 5982959830, Oct. 9, 2008). Paragraph (e) Personnel Platform
lifting materials. The limit provides for OSHA received one comment on Criteria
an extra margin of safety to prevent 1926.1431(d)(5)(i), which stated that a This paragraph establishes the
overloading the equipment, which boom angle indicator would not provide minimum criteria for a personnel
could cause tip-over or structural useful information on an articulating platform. Paragraph (e)(1) of this section
collapse. crane because such cranes have up to requires that both the platform and its
attachment/suspension system be employee to hold onto while in the maintaining adequate protection from
designed by a qualified person who platform instead of using a guardrail as falling objects. The reference to a wire
understands structural design and be a hand hold. Using a guardrail as a hand mesh with 12 inch openings is an
designed for the particular function of hold exposes the employees hand to example of a type of material and design
personnel hoisting. The purpose of this being smashed by external objects. that could be used for the platform
paragraph is to clearly stipulate that the No comments were received on cover. The nature of the worksite
platform must be designed for employee paragraphs (e)(1) through (e)(7); they are conditions and likely type of falling
safety. This addresses the hazards of promulgated as proposed. objects determines the type of material
structural failure of the platform, failure Paragraphs (e)(8)(i) and (ii), Access and design needed to protect the
of the attachment/suspension system, gates/doors, specifies that access gates/ platform occupants. Full overhead
and precludes the use of designs that doors must be designed to not swing protection (i.e., no visibility through the
would be inappropriate for hoisting outward and must also have a protective cover) is allowed when
people. mechanism that will keep the gate/door conditions are such that a full protective
Paragraph (e)(2) requires the system from being opened unintentionally. cover is necessary to protect employees
used to connect the personnel platform One commenter, a platform from falling objects.
to the equipment to be within 10 manufacturer, stated that generally their Paragraph (e)(10) explicitly states that
degrees of level. This addresses the platforms have doors that do not swing the protection provided by the cover is
hazard of platform tipping by outward. (ID0238.1.) However, for supplemental to the protection provided
maintaining the platform close to level. certain custom platforms, such as a one- by hard hatsthe use of hard hats does
Paragraph (e)(3) requires the platform person platform, the size and design of not obviate the requirement for the
designer to consider the movement of the platform makes it unsafe for a platform cover.
employees on the platform and design person to enter the platform and close One commenter noted that having
the suspension system to minimize the gate behind the occupant when it is overhead protection for employees in
platform tipping from such movement. an inward swinging gate. The the power line industry interferes with
The purpose is to design the platform in commenter indicated that for this type the ability to work overhead, which is
such a way as to limit the likelihood of of platform, the gates are designed to a routine occurrence. (ID0144.)
platform tipping while employees are swing outward to provide safe access for Additionally, at the public hearing, a
working from the platform. the individual. To protect against representative from a labor union noted
Paragraph (e)(4) requires the platform accidental opening of the gate, a that typically an overhead cover would
to support its own weight plus a positive latching system is included not be used on a personnel platform
minimum of five times the maximum with an outward swinging gate. when they are working near power
intended load without failure. CDAC The Agency agrees that certain types lines, as it is desirable to minimize the
selected this minimum limit because it of personnel platforms could be of a size amount of conductive material. (ID
would provide an adequate margin of or configuration that would necessitate 0344.) The Agency acknowledges that it
safety for employee protection from an outward swinging access gate or door is common for those in the power line
structural failure of the platform. The to allow for safe entry and egress of an industry to work overhead. However,
guardrail system and personal fall arrest occupant. Therefore, OSHA has revised the use of a personnel platform attached
system anchorages are not subject to this this paragraph to include an exception to a crane is not the only means of
requirement but instead are subject to for this type of platform. When it is reaching this work location. As noted in
1926.1431(e)(6). infeasible to have an inward swinging 1926.1431(a), the use of a personnel
Paragraph (e)(5) requires that welding gate due to the size or design of the platform attached to a crane is only
of any part of the platform or its platform, the gate can swing outward. permitted where the employer
component parts be performed by a However, the additional feature of a demonstrates that conventional means
welder who is certified and familiar positive latching or similar system that of reaching the worksite, such as an
with the weld grades, types and material prevents accidental opening must be aerial lift, would be either more
specified in the particular platforms included. This conforms with the intent hazardous or impossible. OSHA notes
design. This requirement is designed to of this requirement to prevent an that aerial lifts are commonly used in
prevent structural failure of the platform occupant from falling from the platform utility work, and it therefore determined
due to improper welding. due to an access gate or door opening that crane-suspended personnel
Paragraph (e)(6) details the unexpectedly. platforms will be used rarely in such
requirements of the platform for Paragraph (e)(9) requires adequate work. OSHA also notes that paragraph
guardrails, fall arrest anchorage points headroom to allow employees to stand (e)(10) mandates overhead protection
and enclosure of the platform between upright in the personnel platform. This only when an employee is exposed to
the toeboard and mid-rail. Proper provides adequate space for the falling objects, and that should not be a
guardrails and fall arrest anchorage employee to work from the platform common occurrence in utility work.
points are critical fall protection while keeping his/her entire body Therefore, the Agency does not
devices, and the required platform within the platform, and contributes to determine that this provision needs to
enclosure is needed to protect greater stability during platform make special accommodation for work
employees below from falling objects. In movement. No comments were received near power lines. Paragraph (e)(10) is
addition, points to which personal fall on this provision; it is promulgated as promulgated as proposed.
arrest systems are attached must meet proposed. Paragraph (e)(11) requires that all
Paragraph (e)(10) requires an
the anchorage requirements in 29 CFR edges of the platform be smooth enough

part 1926 subpart M. overhead protective cover attached to to prevent injury. The purpose is to
Paragraph (e)(7) requires the the platform when an employee is protect the employee from injuries such
placement of a grab rail within the exposed to falling objects. It mandates as lacerations and puncture wounds.
entire perimeter of the personnel the overhead cover of the platform to be Paragraph (e)(12) requires
platform except for access gates/doors of such material and design to provide conspicuous posting of a plate or other
where a grab rail can be impractical. visibility for both the operator and the permanent written notice on the
The grab rail provides a place for the employees on the platform, while personnel platform listing the weight of
the platform itself and the platforms limited to a maximum of 4 employees. Rigging components must be dedicated
rated capacity. The purpose of the (ID0178.1.) Because no reason was for the sole use of personnel hoisting to
provision is to make employees aware of provided to support this requirement, help ensure that they are not damaged.
the platforms limits to prevent OSHA has not changed the requirement Materials hoisting can lead to damage of
overloading, which could result in that the maximum number of employees the rigging components due to material
structural failure of the platform or on a platform is limited to the lesser of shifting or excessive loading. This can
equipment, and to facilitate compliance the number the platform was designed make the rigging components
with 1926.1431(f)(1), which prohibits to hold or the number required to susceptible to structural stress that may
loading the platform in excess of its perform the work. Therefore, paragraph not be visible, yet contribute to failure.
rated capacity. (f)(4) is promulgated as proposed. To clarify that the bridles and rigging
No comments were received on used for hoisting personnel may only be
Paragraph (g) Attachment and Rigging
paragraphs (e)(11) or (e)(12); they are used if they have not ever been used for
promulgated as proposed. Paragraph (g)(1) of this section other operations prior to being
establishes the requirements for the designated for the purpose of hoisting
Paragraph (f) Personnel Platform device used to connect the personnel personnel, OSHA has modified the
Loading platform to the hoist line. regulatory text from the proposed rule to
Paragraph (f)(1) of this section The nature and type of connector state that the bridles and rigging must
prohibits loading the platform in excess used is critical to the overall safety of not have been used for any purpose
of its rated capacity. the suspended personnel platform. other than hoisting personnel.
Paragraph (f)(2)(i) requires the Under this paragraph, a hook used to
platform to be used exclusively for connect the hoist line and personnel Paragraph (h) Trial Lift and Inspection
personnel hoisting and not for hoisting platform must be the type that can be Paragraph (h)(1) of this section
materials. However, it does allow the closed/locked and must be closed/ requires a trial lift without occupants
necessary materials and tools for the locked when attached to the platform. and with the platform loaded to at least
work activity to be hoisted along with When a shackle is used in lieu of a the anticipated liftweight. The purpose
the employees. Using a personnel hook, it must be of the alloy anchor type of the trial lift is to confirm that: The lift
platform to hoist materials can lead to with either: A bolt, nut and retaining set-up works properly; the lift route is
damage of the platform due to materials pin in place; or: The screw type with the free of obstacles; the work location is
shifting or excessive loading. This can screw pin secured against accidental accessible; no work location will place
subject the platform to structural removal. Any detachable device other the crane or derrick in such a
stresses that may not be visible and than a shackle or hook that is used must configuration where the intended load
contribute to platform structural failure. be closable and lockable to the same would exceed 50 percent of the
Paragraph (f)(2)(ii) provides an extent a hook or shackle would be when equipments rated capacity; the soil or
exception to paragraph (f)(2)(i) to allow in compliance with this section. When other supporting surface is stable; and
materials and tools on the personnel used to connect the personnel platform, that the lift route is suitable for the
platform during the trial lift as long as such a device must be closed and locked intended lift. The path of the trial lift
the materials/tools are properly secured to ensure that the platform is secured to must begin at the point the employees
and distributed as specified in the hoist line. enter the platform and end at the
1926.1431(f)(3). Paragraph (g)(2) requires that each ultimate location the platform is being
Paragraphs (f)(3)(i) and (ii) require bridle leg in a rope bridle be connected hoisted to and positioned (end point).
that any materials and tools that are on to the master link/shackle in a manner When there are multiple destination
the platform during the hoist be that allows the platforms load to be locations from a single set-up point, the
secured, and evenly distributed within equally distributed among each bridle trial lift must be conducted in one of
the platform itself while the platform is leg. The purpose of this type of two ways.
suspended. These precautions are attachment is to avoid platform tipping. First, individual lifts may be
designed to prevent platform tipping Paragraph (g)(3) requires that all conducted in which the platform is
and injury to employees due to hardware used for rigging must be able moved to one of the end points from the
movement of materials or tools during to support five times the maximum starting point, returned to the starting
the hoist. OSHA concludes that the intended load applied to or transmitted point, moved to a second end point,
combination of paragraphs (f)(2)(ii) and to that component. Additionally, slings again returned to the starting point, and
(f)(3) strikes the appropriate balance by using rotation resistant rope must have the process repeated until each end
accommodating the practical a safety factor of ten. These point has been reached. Alternatively, a
requirements of the job while reducing measurements continue the single lift may be conducted from the
the potential for overloading. requirements that were in former starting point to all of the end points in
No comments were received on 1926.550(g)(4)(iv)(C). sequence, without returning to the
paragraphs (f)(1) through (f)(3); they are Paragraph (g)(4) requires the eyes in starting point until after the last end
promulgated as proposed. wire rope slings to be fabricated with point has been reached.
Paragraph (f)(4) limits the number of thimbles. The purpose of this OSHA determined that the phrase a
employees on a personnel platform to requirement is to prevent excessive single trial lift for all locations in the
the lesser of either the number needed wear to the eyes and possible failure of text of the proposed rule for
to perform the work or the maximum the platforms rigging. 1926.1431(h)(1), based on CDAC
consensus language, was not sufficiently
number for which the platform was No comments were received on

designed. The purpose is to expose the paragraphs (g)(1) through (g)(4); they are clear to describe the intended meaning
fewest possible number of employees to promulgated as proposed with minor of this requirement (see 73 FR 59714,
the hazards presented when hoisting grammatical clarifications. 5994059941, Oct. 9, 2008). In addition,
personnel and to minimize the load on Paragraph (g)(5) requires that bridles OSHA was concerned that allowing the
the platform to the extent possible. and rigging used to suspend the trial lift to be conducted in either of
One commenter stated that boom personnel platform be used exclusively these two ways, irrespective of how the
attached personnel platforms should be for hoisting personnel operations. personnel will actually be hoisted, may
result in the trial lift failing to reveal and equipment to determine if there is suggested revision. Therefore, the final
problems that would be encountered in any problem or defect resulting from the rule reflects this change in
the actual personnel lift. trial lift or if it produced any adverse 1926.1431(h)(5)(i).
To address these concerns, OSHA effect. In addition, the competent person Paragraph (h)(5)(ii) requires a
suggested language in the preamble to must ensure that the test weight used competent person to determine that
the proposed rule to clarify that the during the trial lift has been removed hoist ropes are free of defects, that
employer must use a lift path and prior to personnel loading. multiple part lines are not twisted
sequence of stops in the trial lift that The purpose of these requirements is around each other, and that the primary
will match the lift path and sequence of to ensure that any defects in the attachment is centered over the
stops when actually hoisting personnel. equipment, base support, or ground and platform. If the load rope is slack, the
As noted above, the purpose is to detect personnel platform, revealed by the trial competent person must inspect the
any problems that could arise before lift are seen by a competent person prior hoisting system to ensure the rope lines
personnel are hoisted. OSHA asked for to hoisting personnel. (Note that, under are properly seated on drums and in
public comment on these issues and the 1926.1431(h)(6), any condition found sheaves. Paragraphs (i) and (ii) continue
suggested language (73 FR 59714, during the trial lift that fails to meet a the requirements from former
59833, Oct. 9, 2008). requirement of this standard or 1926.550(g)(5)(iii), with the additional
Two commenters stated that the otherwise constitutes a safety hazard clarification that hoist ropes must be
language in the proposed rule was must be corrected before hoisting free of deficiencies (that is, not just free
sufficient and should not be changed personnel.) Paragraph (h)(4) continues of kinks, as was required in former
(ID0205.1; 0213.1); another the requirements from former 1926.550(g)(5)(iii)(A)). The purpose of
commenter stated that the text suggested 1926.550(g)(5)(iv) while adding the these requirements is to mandate an
by OSHA in the preamble to the requirement that the competent person additional final review by a competent
proposed rule should be used in the ensure that the test weight is removed. person to evaluate the personnel
final rule (ID0104.1). The Agency This is needed because overloading the platform, the balance of the load, and
concludes this suggested text provides a personnel platform can occur if the test the lifting devices to ensure that
better description of what needs to be weights are not removed and left on the necessary safety requirements are met.
done to ensure safetyi.e., that the trial platform when hoisting personnel. No comments were received on
lift method needs to match the actual No comments were received on 1926.1431(h)(5) (ii); it is promulgated
hoist method. Therefore, the provision 1926.1431(h)(2) through (h)(4); they as proposed.
in the final rule includes this suggested are promulgated as proposed. Paragraph (h)(6) establishes that any
language. Under paragraph (h)(5)(i), condition that fails to meet the
Paragraph (h)(2) requires the trial lift immediately prior to each personnel lift, requirements of this standard or
to take place immediately prior to each the competent person must inspect the otherwise creates a safety hazard must
shift when hoisting personnel, and each platform while it is lifted a few inches
be corrected before personnel are
time the equipment is moved and set up to ensure that the platform is secure and
hoisted. This includes conditions found
in a new location or a previously used properly balanced.
The purpose of this procedure is to during the trial lift or in any inspection
location. This is to ensure that the
ensure that, with the occupants and or subsequent review of the equipment,
conditions for the trial lift will be nearly
materials/tools to be hoisted on the platform or rigging. No comments were
identical to those of the actual
platform immediately before the hoist is received for this provision. However,
personnel lift. Additionally, a trial lift
to take place, the platform is secure and the following reference has been added
must be done each time the lift route is
properly balanced. The purpose of to this provision for clarification: (See
changed, unless a competent person
having the occupants and materials/ 1926.1417 for tag-out and related
determines the new lift route does not
tools on board during this check is requirements.). This sentence has been
present new factors affecting safety.
Paragraph (h)(3) requires a competent twofold. First, it ensures that the check added to ensure the employer is aware
person to ensure that all required safety takes place just before the personnel lift, of the applicable tag-out and related
devices and operational aids required by which minimizes the chance that requirements of 1926.1417, Operation.
this section are activated and properly damage or other problems affecting the Paragraph (i) [Reserved.]
functioning, that nothing interferes with platforms security will occur after the
Paragraph (j) Proof Testing
the equipment or personnel platform check. In addition, it would be difficult
during the trial lift, that the lift load to ensure that the platform will be This paragraph delineates the
does not exceed 50 percent of the properly balanced when in actual use requirements of and method for proof
equipments rated capacity, and that the without having the employees and testing the personnel platform and
load radius used is accurately materials/tools on board. rigging. It requires the proof test to be
determined. These requirements ensure In the proposed rule, the text did not done at each jobsite prior to hoisting
that necessary safety measures are in state that personnel and materials were personnel and after any repair or
place and validated by a competent to be on board during the trial lift (see modification of the platform. The proof
person for the trial lift. It is important 73 FR 59941, Oct. 9, 2008). In the test must be at 125 percent of the
for this to be the responsibility of a preamble to the proposed rule, the platforms rated capacity with an evenly
competent person because such a Agency asked for comment on adding distributed test load. The platform must
person not only has the knowledge the phrase with the personnel and be lowered by controlled load lowering,
braked, and held in a suspended
necessary to make the determinations, materials/tools on board to clarify the

but also has the authority to take any intent of this requirement (see 73 FR position for at least five minutes. After
necessary corrective action. 59833, Oct. 9, 2008). this proof test, the competent person
Paragraph (h)(4) establishes the duties Three comments were received in must inspect the platform and rigging to
of the competent person immediately response to the Agencys request for determine if it has passed the proof test.
after the trial lift. It requires the comment on this issue. If not, all deficiencies that pose a safety
competent person to conduct a visual (ID0104.1; 0205.1; 0213.1.) All three hazard must be corrected and another
inspection of the personnel platform commenters agreed with the Agencys proof test performed. The competent
person must determine that the platform lowered or moved horizontally. This adjustments to protect the employees
and rigging have successfully passed the does not apply when a platform from injury from any condition arising
proof test before any personnel hoisting occupant must position the platform. after the platform is placed at the
begins. Additionally, this does not apply when working location. Paragraph (k)(6)
The purpose of this paragraph is to a platform occupant is performing the requires the operator to stay at the
determine if the structural integrity of duties of a signal person. The purpose equipment controls, and on site and in
the personnel platform is intact or if it of this requirement is to prevent an view of the equipment, at all times the
has been affected by any condition, employee from having a body part platform is occupied, whether or not the
damage, repair or modification which struck by or caught in between the crane engine is running. Equipment
could result in structural failure or other personnel platform and another object. controls, as discussed here and in
safety hazards from the platform or Paragraph (k)(2)(ii) prohibits platform 1926.1431(k)(7), include remote
rigging. This ensures the load lowering occupants from standing on, sitting on, controls that are used to control the
and braking mechanisms are or working from any surface other than boom and swing functions of the
functioning properly before personnel the floor of the personnel platform equipment. This subpart does not
are lifted. In addition, 1926.1431(j)(3) during hoisting or when working from prohibit the use of remote controls for
clarifies that only deficiencies that the platform. It prohibits working from equipment by an operator. See
present a safety hazard need be a railing or toeboard or the use of any discussion of the use of remote controls
corrected; minor deficiencies bearing no means or device to raise the employees at the preamble for 1926.1417(e)(1).
relation to safety do not need to be working height. The purpose is to The Agency has added the on site and
corrected. ensure that the occupants benefit from in view of the equipment requirement
In addition, the Agency is adding a the protections of the guardrail system in the final rule to address the situation
reference to the requirements of and do not destabilize the platform. where the operator uses a remote
1926.1417, Operation, to ensure the Paragraph (k)(2)(iii) prohibits platform control to operate the equipment. The
reader is aware of the applicable tagout occupants from pulling the platform out same requirement was included in
and startup requirements of of plumb in relation to the hoisting proposed 1926.1431(k)(7) to address
1926.1417, Operation. Paragraph (j)(3) equipment. The purpose is to prevent the same issue, and is included in final
of this section is otherwise promulgated tipping of the platform with employees 1926.1431(k)(7), as discussed below.
as proposed. on board, which could exacerbate the No comments were received on
One commenter stated that proof fall hazard. paragraphs (k)(1) through (k)(6); they are
testing should not be required for boom Paragraph (k)(3) requires a personnel promulgated as proposed with the
attached personnel platforms, since platform that is not landed to be secured exception of the addition noted for
there is no rigging and a simple visual to the structure, before employees enter (k)(6).
inspection of the mounting hardware or exit the platform, to prevent Paragraph (k)(7), Platforms with
would be sufficient. (ID0144.1.) dangerous movement of the platform at controls, applies when a personnel
OSHA disagrees with this comment. these times, which could exacerbate the platform has controls. Controls on
The purpose of this proof test is to fall hazard or cause an employees body certain personnel platforms enable a
ensure the sufficiency and integrity of part to be struck by or caught in platform occupant to move both the
the system that will be hoisted by the between the personnel platform and the platform and the boom. Other platform
crane/derrick. In the case of a structure. Paragraph (k)(3) allows an designs enable an occupant to control
suspended platform, that system exception when a greater hazard is only the platform/basket itself, for
consists of the platform and the rigging created by securing the platform to the example, to level the basket as it is
that attaches it to the crane/derrick. In structure. boomed up or down.
the case of a boom-attached platform, Paragraph (k)(4) requires the operator Paragraph (k)(7)(i) requires the
that system consists of the platform with to receive confirmation that the platform platform occupant using the platforms
its boom-mounting hardware (in such is no longer tied to the structure and is controls to be a qualified person with
cases OSHA considers the boom- freely suspended before the operator respect to their use, including the safe
mounting hardware part of the platform moves the platform. This requirement limitations of the equipment and
itself). Therefore, even when rigging is prevents structural damage to the hazards associated with its operation.
not used, the proof test still needs to be platform and/or rigging and prevents the Such knowledge and skill is essential
performed to help ensure the adequacy fall hazard that could result from for the safety of the platform occupants
of the platform, including its attachment pulling the platform out of plumb if and employees in the surrounding area.
system. there were an attempt to move it while Proposed paragraph (k)(7)(ii) required
Therefore, 1926.1431(j)(1), (2) and it is still attached. the equipment operator to be at the
(4) are promulgated as proposed. Paragraph (k)(5) requires the use of tag equipment controls, in the personnel
lines when necessary to control the platform, or on site and in view of the
Paragraph (k) Work practices personnel platform. The purpose is to equipment. In the proposed rule, the
Paragraph (k)(1) of this section provide an additional way to control Agency requested public comment on
requires hoisting the personnel platform platform stability to decrease the risk of whether this paragraph should be
in a slow, controlled, cautious manner, injury from loss of footing or from the reworded to clarify the circumstances
with no sudden movements of the platform striking an object. for selecting a location for the
equipment or platform. This precaution Under paragraph (k)(6), where the equipment operator (73 FR 59835, Oct.
platform is not equipped with any 9, 2008). Two commenters stated that,
minimizes the likelihood of platform

tipping, loss of footing, and loss of controls, the equipment operator is regardless of which option is chosen,
control of the platform by the operator required to remain at the equipment the operator must be in a position that
during hoisting. controls at all times while the personnel allows him to control the boom and
Paragraph (k)(2)(i) requires that all platform is occupied. Because there are swing functions of the equipment. (ID
occupants of the personnel platform no controls in the personnel platform, 0205.1; 0213.1.) However, these
keep all parts of the body inside the the equipment operator must be commenters also stated that the
platform while it is being raised, available to make any necessary proposed regulatory text did not need to
be revised. exceeds 20 mph, whether the platform The purpose of this requirement is to
(ID0205.1; 0213.1.) is on the ground or suspended. protect employees from a fall hazard
Upon reviewing the paragraph as The provision does not specify any while in the personnel platform in the
proposed and considering these particular type of device or protocol for event of sudden movement, tipping, or
comments, OSHA finds that the taking the measurement. The Agency other circumstance in which a fall
language used in proposed does not determine that such specificity would not be prevented by the
1926.1431(k)(7)(ii) needs to be changed is needed; any generally accepted platforms guardrail system.
to clearly specify that an operator has to method that accurately measures wind Paragraph (k)(11)(i), Other load lines,
be able to control the boom and swing speed would suffice. Therefore, this mandates that while hoisting personnel
functions, wherever the operator is paragraph is promulgated as proposed. no other lifts may be made with any of
located. If the platform does not have Paragraph (k)(8)(ii), Environmental the equipments other load lines. This
controls for the boom and swing conditionsOther weather and provision serves several purposes. First,
functions of the equipment, then it is environmental conditions, requires a it prevents platform tipping due to
essential that the operator be at the set qualified person to determine if it is not entanglement with other load lines or
of equipment controls which include safe to hoist personnel when there are loads. Second, it reduces the chance
these functions, because they are crucial indications of dangerous weather or any that the equipment could be overloaded.
for the safety of personnel being hoisted. other impending/existing dangerous Third, when hoisting personnel, it is
These equipment controls may be on the environmental condition. Upon essential that the operators full
platform, in the cab, or on a remote determination that it is unsafe, attention be devoted to the hoisted
control. The operator must be able to personnel hoisting operations must not personnel; use of another load line
take immediate action when necessary be started or must be terminated if necessarily diverts his/her attention. An
(such as, for example, when there is already in progress. exception applies for pile driving
unexpected platform or equipment Paragraph (k)(9) requires employees operations, as the pile driver is always
movement, a sudden change in wind being hoisted to remain in direct suspended on a load line and at times
conditions, or an injury to a platform communication with either the signal personnel have to be hoisted on another
occupant). In the final rule, OSHA has person (where used) or equipment line to conduct work during the pile
modified 1926.1431(k)(7)(ii) operator at all times. In some instances driving operation.
accordingly. the platform occupants are in a better In the preamble to the proposed rule,
Paragraph (k)(7)(iii) requires the position to see potential problems OSHA explained that the CDAC
platforms operating manual to be on the developing than the operator, or to consensus language for this provision
platform or on the equipment while the recognize there is some other safety- would have applied the requirement
platform is occupied. The purpose is to related need for the operator to take only when personnel were suspended
have ready access to manufacturers action. In addition, there are instances on a personnel platform. However, the
operating information when employees when the operator becomes aware of a standard permits personnel to be
are on the platform. No comments were developing problem and needs to hoisted without a personnel platform
received on this provision; it is communicate that information to the under certain circumstances. Since the
promulgated as proposed. employees being hoisted. This provision requirement also needs to apply in those
Paragraph (k)(8)(i), Environmental ensures that such information can be circumstances, OSHA expanded the
conditionsWind, requires a qualified communicated quickly between the language so that, in proposed paragraph
person to determine if it is unsafe to hoisted employees and operator. (k)(11)(i), it also applied in those
hoist personnel when the wind speed No comments were received on circumstances (see 73 FR 59836, Oct. 9,
(gust or sustained) exceeds 20 mph. C paragraphs (k)(8)(ii) or (k)(9); they are 2008). No comments were received on
DAC selected this triggering wind speed promulgated as proposed. this issue; the provision is promulgated
based in part on ASME B30.232005, Paragraphs (k)(10)(i) and (ii), Fall as proposed.
which prohibits personnel hoisting protection, require employees on the Paragraph (k)(11)(ii), Other load lines,
operations when wind speed exceeds 20 personnel platform to be provided with allows the use of a winch line while
mph. High winds increase the and use a personal fall arrest system hoisting personnel when all of the
likelihood of platform tipping, sudden attached to a structural member within following factors are present: the
unexpected movement of the platform, the personnel platform. The fall arrest personnel platform is a factory-
or structural failure of the equipment. system (including the attachment point) produced boom-mounted personnel
While OSHA is declining to set a must comply with 1926.502, Fall platform incorporating a winch as
specific wind speed threshold at which protection systems criteria and original equipment, the load on the
all hoisting operations must cease, it practices. When hoisting personnel over winch line does not exceed 500 pounds,
agrees that 20 mph is an appropriate water, a personal fall arrest system and the load on the winch line itself
point at which a safety determination be would not be required since, in the does not exceed the rated capacity of the
required. If the qualified person event that an error or failure occurred winch and platform. CDAC selected
determines that hoisting personnel is resulting in the employees being in the these factors based on the experience of
unsafe, hoisting operations must not water, being tied-off exacerbates the its members, and determined that when
begin or, if already in progress, must be drowning hazard. However, the all of these factors are present, there is
terminated. requirements of 1926.106, Working little chance that the use of the winch
One commenter questioned where over or near water, do apply. Upon line will compromise employee safety.
and how the wind speed must be review of the rule, the Agency
OSHA agrees.
determined. (ID0120.) With respect to determined that it would provide Paragraph (k)(12)(i), Traveling
where the measurement must be taken, greater clarity if the note referring to the equipment other than derricks, prohibits
the language of this provision refers to requirements of 1926.106 was any traveling by equipment with hoisted
wind speed at the personnel platform. included in paragraph (k)(10)(ii), employees except in two circumstances.
This means that a safety determination instead of at the end of this paragraph. The first is where the equipment is
is required at any time at which the The regulatory text of the final rule traveling on fixed rails. The second is
wind to which the platform is exposed reflects this change. where the employer demonstrates that
there is no less hazardous way to operation. The purpose of this One commenter stated that personnel
perform the work than by traveling. requirement is to make all employees should not be hoisted into a drill shaft
However, this second exception does involved in the personnel hoisting unless the employer determined that
not apply to rubber-tired equipment, for operation aware of the requirements of use of a video camera was both
which traveling is always prohibited. this section and the plan for the impractical and infeasible. (ID0120.0.)
Traveling with hoisted employees is personnel lift. This provides an However, this commenter did not
also always prohibited for derricks, as opportunity for all employees involved provide any explanation or supporting
set forth under 1926.1431(k)(13). (See to have a common and complete documentation of how this would
the discussion of these provisions in the understanding of the hoisting operation improve safety beyond what the
preamble to the proposed rule, 73 FR at and to give uniform information and proposed rule required. As discussed at
5983659837, Oct. 9, 2008.) instructions immediately prior to the paragraph (a) of this section, equipment
No comments were received on lift. This addresses hazards which result may be used to hoist personnel only
paragraphs (k)(10), (k)(11)(ii) or from misunderstanding of the when all other means of reaching the
(k)(12)(i); they are promulgated as requirements, particular lift conditions work area presents a greater hazard or
proposed. However, the note that or procedures. no comments were is not possible because of the projects
appeared at the end of (k)(10) has been received on this provision; it is structural design or worksite conditions.
added to (k)(10)(i) as described above. promulgated as proposed. Because no information was provided
Paragraph (k)(12)(ii) (A)(E), to justify an additional restriction on an
Paragraph (n) Hoisting Personnel Near employer, OSHA is promulgating this
Travelingequipment other than
Power Lines provision as proposed.
derricks, establishes certain criteria that
must be met when traveling with This paragraph prohibits hoisting Section 1926.1431(o)(1) allows the
employees in the situations permitted personnel within 20 feet of a power line employer to use either a personnel
under paragraph (k)(12)(i). 350 kV and below or within 50 feet of platform or a boatswains chair for
One commenter stated the a power line over 350 kV, except for hoisting personnel.126 When an
requirement to limit travel to the boom work that is covered by 29 CFR part employer elects to use a boatswains
length was unclear. (ID0053.1.) This 1926, subpart V, Power Transmission chair instead of a personnel platform,
commenter believed it could be and Distribution. particular supplementary requirements
interpreted to limit the length of the The purpose of this requirement is to in paragraph (o)(3) must be met. Those
boom itself and not the distance the establish a safe clearance distance from requirements address the heightened
equipment can travel. The Agency power lines to protect employees from danger that the employee may fall from
concludes the requirement as written in an electrocution hazard that could result the chair or contact the wall of the drill
the proposed rule, Travel shall be if the personnel, a personnel platform, shaft.
limited to boom length, is clear. or equipment makes electrical contact Paragraph (o)(2) requires the employer
However, in the interest of providing with a power line. The clearance to follow requirements (a) through (n) of
additional clarity, the Agency is adding distances are similar to those in 1926.1431 when using a personnel
the word equipment to the text of the 1926.1407 and 1926.1408 for platform to hoist employees.
final rule so that it will read, Section 1926.1431(o)(3) sets out
equipment operating near power lines.
Equipment travel must be limited to additional requirements that must be
However, under 1926.1407 and
boom length. The addition of this word met when the employer elects to use a
1926.1408, clearances less than 20 and
makes it clear the focus of the boatswains chair instead of a personnel
50 feet are permitted for certain voltage
requirement is the distance of travel for platform for hoisting personnel.
ranges. However, CDAC determined Paragraph (o)(3)(i) identifies which of
the equipment. that when personnel are hoisted near a
Paragraph (k)(13), Traveling the provisions in 1926.1431 (a)(n)
power line it is necessary to require the apply when using a boatswains chair.
derricks, prohibits a derrick from minimum distances of 20 feet for lines
traveling while it is hoisting personnel. For the applicable provisions, the
350 kV or less and 50 feet for lines over phrase boatswains chair is substituted
In CDACs experience, hoisting 350kV. Note that all other requirements
employees on a traveling derrick is for either personnel platform or
in subpart CC regarding power line platform.
dangerous because derricks are not safety must also be met, including
sufficiently stable when traveling. No The 1926.1431 paragraphs not listed
1926.14061409. No comments were in 1926.1431(o)(3)(i) do not apply
comment was received on this received on this provision; it is
provision; it is promulgated as when a boatswains chair is used. This
promulgated as proposed. is because those requirements are either
proposed.
Paragraph (o) Hoisting Personnel in specifically applicable to personnel
Paragraph (l) [Reserved.] Drill Shafts platform design and use, or are
Paragraph (m) Pre-Lift Meeting otherwise not relevant when hoisting
This paragraph provides requirements personnel in a drill shaft.
This paragraph requires a meeting when hoisting personnel in drill shafts Paragraph (o)(3)(ii) requires a signal
prior to the trial lift at each new work that are 8 feet and smaller in diameter. person to be stationed at the opening of
location to review the requirements of Drill shafts of this size may be either too
this section and the procedures to be small to use a personnel platform, or use 126 Note that, under 1926.1431(a), an employer
followed when hoisting personnel. The of a personnel platform might not allow may only use equipment to hoist personnel when
pre-lift meeting would be attended by the room needed to perform the other means of reaching the work area would
present a greater hazard or would not be possible

the equipment operator, signal person necessary work. Therefore, due to the because of the projects structural design or
(when one is used for the lift), limitations of a drill shaft of this size, worksite conditions. Therefore, before using either
employees to be hoisted, and the person use of a personnel platform would means to hoist personnel in drill shafts, the
responsible for the task to be performed. typically be infeasible and a boatswains employer would need to determine and
demonstrate that hoisting personnel instead of
Also, this paragraph requires this chair may be the only practical means using other means of access to the work area is the
meeting to be repeated when an of hoisting personnel and performing least hazardous, or the only, means to gain access
employee is newly assigned to the the necessary work. to the work area.
the shaft during personnel hoisting. The operations, since the heavy vibrations of Section 1926.1431(p)(4)(i) identifies
purpose is to ensure that a signal person the pile driver typically damage this which of the provisions in
is used and stationed at the best device. (See 1926.1431(d)(45)(v), Anti 1926.1431(a)(o) apply when using a
position to watch the employee being two-block). The language CDAC boatswains chair in a pile driving
hoisted, since the hoisted employee is developed for this provision did not operation. For the applicable provisions,
out of the view of the operator. distinguish between lattice boom cranes the phrase boatswains chair is
Paragraph (o)(3)(iii) requires the and telescopic boom cranes. Its language substituted for either personnel
employee to be hoisted in a slow, would have required, for either type of platform or platform.
controlled descent and ascent. This is to equipment, that the cable used to hoist The 1926.1431 paragraphs not listed
limit swinging or sudden movement of personnel be clearly marked so that they in 1926.1431(p)(4)(i) do not apply
the boatswains chair to prevent a fall equipment operator would have when a boatswains chair is used. This
from the chair or impact with the walls sufficient time to stop hoisting to is because those requirements are either
of the drill shaft. prevent two-blocking, or to use a spotter specifically applicable to personnel
Paragraph (o)(3)(iv) requires the to warn the operator in time to prevent platform design and use, or are
employee in the boatswains chair to use two-blocking. However, in reviewing otherwise not relevant when hoisting
personal fall arrest equipment, the CDAC language, OSHA realized personnel in a pile driving operation.
including a full body harness, that is that marking the cable is not a sufficient Section 1926.1431(p)(4)(ii) requires
attached independent of the crane/ means of preventing two-blocking in the employee to be hoisted in a slow,
derrick. The purpose of requiring a tie telescopic boom cranes when extending controlled descent and ascent. This is to
off point independent of the equipment the boom because extending the boom limit swinging or sudden movement of
is to protect the employee from a while the load hoist remains stationary the boatswains chair to prevent a fall
sudden drop or fall due to equipment can cause two-blocking. Instead, a from the chair or impact with
failure or other problem associated with spotter is always needed to warn against equipment or other structures.
the operation of the crane/derrick, and two-blocking for telescopic boom Section 1926.1431(p)(4)(iii) specifies
to protect the employee from falls when cranes. that the employee in the boatswains
accessing and egressing the boatswains Consequently, for the proposed rule, chair use personal fall arrest equipment,
chair. OSHA modified the language used by including a full body harness. The fall
Paragraph (o)(3)(v) requires fall CDAC and addressed lattice boom arrest system must be attached to either
protection equipment to comply with cranes and telescopic boom cranes
the lower load block or the overhaul
1926.502, Fall protection systems separately. Proposed 1926.1431(p)(2)
ball. The purpose of having the fall
criteria and practices. requires employers, when using lattice
protection equipment and tie off point
Paragraph (o)(3)(vi) requires the boom cranes, to clearly mark the cable
independent of the boatswains chair
boatswains chair (excluding the used to hoist personnel at the point on
and rigging used to hoist the employee
personal fall arrest anchorages) to be the cable that allows the equipment
is twofold: it protects the employee from
capable of supporting, without failure, operator to stop hoisting in time to
a sudden drop or fall due to failure of
its own weight plus a minimum of five prevent two-blocking, or to use a spotter
that equipment and protects the
times the maximum intended load. This to warn the operator in time to prevent
employee when accessing and egressing
is similar to the requirement for two-blocking. When using lattice boom
cranes, in addition to marking the cable the boatswains chair.
personnel platforms at
1926.1431(e)(4). The strength as above, a spotter must also be used. Section 1926.1431(p)(4)(iv) requires
requirement applicable to personal fall (See the discussion of the proposed fall protection equipment to comply
arrest anchorages is in provision at 73 FR 59838, Oct. 9, 2008.) with 1926.502, Fall protection systems
1926.502(d)(15). In the preamble to the proposed rule, criteria and practices. This ensures that
Paragraph (o)(3)(vii) mandates that OSHA asked for public comment on this the fall protection equipment is
only one person can be hoisted at a time change to the CDAC language, but no sufficient to safely arrest the employees
when using a boatswains chair. No comments were received on this issue. fall.
comments were received on paragraphs Therefore, the provision is promulgated No comments were received on
(o)(1)(o)(3); they are promulgated as as proposed. paragraphs (p)(4)(i)(p)(4)(iv); they are
proposed. Section 1926.1431(p)(3) requires the promulgated as proposed.
employer to follow 1926.1431(b) The CDAC consensus document did
Paragraph (p) Hoisting Personnel for through (n) when using a personnel not include provisions to require a
Pile Driving Operations platform to hoist employees. Section minimum strength for the boatswains
This paragraph provides requirements 1926.1431(a) does not apply because the chair and to require that only one
for hoisting personnel in pile driving employer is not required to demonstrate person be hoisted at a time, when using
operations. Section 1926.1431(p)(1) that the other means of access listed in a boatswains chair in pile driving
requires the employer to use either a 1926.1431(a) are infeasible before operations. As explained in the
personnel platform or boatswains chair being permitted to hoist personnel preamble to the proposed rule, the
when hoisting personnel in pile driving during pile driving operations. Agency determined these were
operations. As with drill shafts, use of Demonstrating infeasibility prior to unintended omissions by the
a personnel platform will often be using a personnel platform is not Committee. OSHA stated that it planned
infeasible in this type of operation, and required because in most instances on including such provisions in the
final rule, and asked for comment. No
1926.1431(p)(1) gives the employer the another means of access is not feasible
option of choosing which method to for this operation. No comments were comments were received on this issue.
use. No comments were received on this received on this provision; it is Therefore, the final rule includes
provision; it is promulgated as promulgated as proposed. 1926.1431(p)(4)(v), which requires the
proposed. Section 1926.1431(p)(4) establishes boatswains chair to be capable of
Section 1926.1431(p)(2) delineates the the requirements for use of a supporting its own weight and at least
alternatives to using an anti two- boatswains chair instead of a personnel five times the maximum intended load,
blocking device during pile driving platform for hoisting personnel. and 1926.1431(p)(4)(vi), which states
that only one person may be hoisted at (a) through (n) of 1926.1431 when No comments were received on
a time. using a personnel platform to hoist paragraphs (r)(1)(r)(3); they are
employees. As discussed previously, promulgated as proposed.
Paragraph (q) [Reserved.]
these provisions are designed to ensure
Paragraph (r) Hoisting Personnel for Paragraph (s) Hoisting Personnel for
that hoisting personnel is the safest
Marine Transfer Storage-Tank (Steel or Concrete), Shaft
means of the employees gaining access
to the work and that the personnel and Chimney Operations
This paragraph addresses the
particular hazards related to hoisting platforms design and use are adequate This paragraph establishes
personnel for transfer to or from a from a safety standpoint. requirements when hoisting personnel
marine construction worksite. This Paragraph (r)(3) establishes the in storage-tanks (steel or concrete), shaft
requirements when the employer elects operations and chimney operations. Use
paragraph applies when hoisting
to use a marine-hoisted personnel- of a personnel platform, while usually
employees solely for such transfer.
transfer device instead of a personnel feasible, is infeasible in some
Section 1926.1431(r)(1) requires the
platform for hoisting personnel. circumstances involving these
employer to use either a traditional
Paragraph (r)(3)(i) identifies which of operations due to the nature of the work
personnel platform or a marine-hoisted the provisions in 1926.1431 (a)
personnel transfer device. This activity. Consequently, boatswains
through (q) apply when using a marine- chairs are allowed instead of a
paragraph allows an employer to use a hoisted personnel-transfer device. For
marine-hoisted personnel transfer personnel platform in such instances,
the applicable provisions, the phrase but only when the employer can
device instead of a personnel platform marine-hoisted personnel-transfer
for several reasons. Transferring demonstrate that use of a personnel
device is substituted for either platform is infeasible. For these reasons,
personnel to or from a marine personnel platform or platform.
construction site poses special problems 1926.1431(s)(1) allows the employer to
The 1926.1431 paragraphs not listed use a boatswains chair only when the
due to the effects of waves and gusting in 1926.1431 (r)(3)(i) do not apply
wind. These effects, which can be employer has determined that use of a
when a marine-hoisted personnel- personnel platform is infeasible.
unpredictable, can result in a situation transfer device is used. This is because
where the equipment operator will not Section 1926.1431(s)(2) requires the
those requirements are either
be able to adequately control the employer to follow the requirements of
specifically applicable to personnel
equipment. In such a situation, the paragraphs (a) through (n) of
platform design and use, or are
device used to transfer the employees 1926.1431 when using a personnel
otherwise not relevant when hoisting
may suddenly wind up in the water. platform to hoist employees. Under
personnel at a marine worksite.
Another situation is when employees Paragraph (r)(3)(ii) requires the 1926.1431(a), an employer may only
may need to jump into the water to marine-hoisted personnel-transfer use equipment to hoist personnel when
avoid a collision with the ship or an device to be used exclusively for other means of reaching the work area
object on the construction site. A third transferring employees. One purpose of presents a greater hazard or is not
situation is when the operator is unable this provision is to prevent the device possible because of the projects
to control the equipment while the from being used as a work platform. The structural design or worksite conditions.
employees are attempting to board or devices design, which specifically Therefore, before using a personnel
disembark. The longer it takes to get on facilitates easy and rapid entry and exit, platform to hoist personnel in storage
or off, the greater this risk becomes. In is ill suited to providing a safe work tanks (steel or concrete), shaft
all of these scenarios the employees platform. In particular, it is not designed operations and chimney operations, the
need to be able to enter and exit the to prevent a fall when an employee is employer must determine that hoisting
device being used to transfer them using his or her hands for working personnel instead of using other means
quickly and easily. rather than holding on to the device. of access to the work area is the least
A personnel platform, which is Also, it is ill suited as a material transfer hazardous, or the only, means to gain
designed, in part, to keep the employees device because it is not designed to access to the work area.
inside, would, in most marine prevent materials from falling from it, Section 1926.1431(s)(3) establishes
situations, compound the hazard faced and could be damaged by such use. the requirements when the employer
by the employees, since they can be Paragraph(r)(3)(iii) limits the number uses a boatswains chair instead of a
difficult to enter and exit quickly. In of employees on the marine-hoisted personnel platform for hoisting
contrast, a marine-hoisted personnel personnel-transfer device to the personnel.
transfer device is designed specifically maximum number the device is Section 1926.1431(s)(3)(i) identifies
to facilitate the employees rapid entry designed to hold. This prevents which of the provisions in
and exit. The employer has the option overloading, which can result in 1926.1431(a) through (r) apply when
of using such a device so that it may be structural failure of the device. It also using a boatswains chair. For the
used when the conditions are such that prevents overcrowding, which can applicable provisions, the phrase
the risk of being prevented from cause an unintended fall or preclude a boatswains chair is substituted for
entering or exiting quickly is greater worker from entering or exiting as either personnel platform or
than the risk of unintentionally falling. rapidly as when used properly. platform.
In the proposed rule, OSHA requested Paragraph (r)(3)(iv) requires each The 1926.1431 paragraphs not listed
public comment on whether paragraph employee being transferred on a marine- in 1926.1431(s)(3)(i) do not apply
(r)(1) should require the employer to hoisted personnel-transfer device to when a boatswains chair is used. This
first establish that use of a marine- wear a U.S. Coast Guard personal is because those requirements are either
hoisted personnel-transfer device was flotation device that is approved for specifically applicable to personnel
not less safe than a personnel platform. industrial use. The purpose is to protect platform design and use, or are
No comments were received on this the employee from drowning if the otherwise not relevant when hoisting
issue. device enters the water, or if the personnel on a boatswains chair in
Paragraph (r)(2) requires the employer employee falls or needs to jump into the storage tanks (steel or concrete), shaft
to follow the requirements of paragraphs water. operations and chimney operations.
Section 1926.1431(s)(3)(ii) requires personnel platforms at more than one crane; involving non-
the employee to be hoisted in a slow, 1926.1431(e)(4). routine or technically difficult rigging
controlled descent and ascent. This is to Section 1926.1431(s)(3)(vi) mandates arrangement; hoisting personnel with a
limit swinging or sudden movement of that only one person be hoisted at a time crane or derrick; or that the crane
the boatswains chair to prevent a fall when using a boatswains chair. No operator believes should be considered
from the chair or impact with the walls comments were received on paragraphs critical. EM 38511, pg. 293. The
or other areas or structures involved in (s)(3)(iv) through (s)(3)(vi); they are National Aeronautics and Space
these operations. promulgated as proposed. Administrations definition is different:
No comments were received on Section 1926.1432 Multiple-Crane/ Critical lifts are lifts where failure/loss of
paragraphs (s)(1) through (s)(3)(ii); they Derrick Lifts control could result in loss of life, loss of or
are promulgated as proposed. damage to flight hardware, or a lift involving
Section 1926.1431(s)(3)(iii) requires Final 1926.1432 lists additional special high dollar items, such as spacecraft,
the employee in the boatswains chair to requirements for operations involving one-of-a-kind articles, or major facility
multiple cranes and derricks. As components, whose loss would have serious
use personal fall arrest equipment,
discussed in the proposed rule programmatic or institutional impact. Critical
including a full body harness, that is
preamble, this section addresses hazards lifts also include the lifting of personnel with
attached independent of the crane/ a crane, lifts where personnel are required to
arising from operations that use more
derrick. Having the tie off point work under a suspended load, and operations
than one crane/derrick to lift a load (see
independent of the equipment protects with special personnel and equipment safety
73 FR 5984059841, Oct. 9, 2008). After
the employee from a sudden drop or fall concerns beyond normal lifting hazards.
reviewing comments on the proposed
due to equipment failure or other
rule, the Agency is promulgating NASA Standard for Lifting Devices and
problems associated with the operation
1926.1432(a) and 1926.1432(b)(1) as Equipment, NASA STD8719.9,
of the crane/derrick, and to protect the
proposed. Section 1926.1432(b)(2) is pg. 5.127
employee from falls when accessing and nearly identical to the proposed text, CDAC identified and addressed the
egressing the boatswains chair. but includes the following changes: the particular situations that necessitate
One commenter noted that in certain use of the terms directed and lift special planning and procedures rather
construction projects there is no director instead of supervised and than using a more generalized critical
structure in place for independent supervisor, respectively, and language lift approach based on a percent of
attachment of personal fall arrest to clarify that the lift director must rated capacity. For example, the
equipment. (ID0130.l; 0343.1.) This review the multiple crane/derrick lift Committee developed specific
commenter further requested that for plan with all workers in a meeting. requirements for hoisting personnel,
activities related to construction of Several commenters expressed the operating equipment when power lines
storage tanks, concrete shafts and view that OSHA should add specific are present, and in 1926.1417(o)(3)(ii)
chimneys, the requirement be changed requirements and procedures for the and 1926.1417(s), for hoisting loads that
to allow attachment to the lower load protection of employees engaged in exceed 75 percent of rated capacity or
block or overhaul ball. The Agency critical lifts, which were not are 90 percent or more of rated capacity.
found the information provided addressed separately in the proposed This enabled the Committee to
persuasive and has revised the rules. (ID0182.1; 0207.1.) One of these separately address the specific hazards
regulatory language for the final rule. commenters requested that OSHA add associated with each type of operation.
The Agency is limiting the change to critical lifts to the title of 1926.1432, The advantage of this approach is that
those situations in which there is no and define critical lift to include any the standards requirements could be
adequate structure available for lift that exceeds 75 percent of the rated specifically tailored to each type of
independent attachment. While there capacity of the crane or derrick, requires situation, promoting both effectiveness
may be no available tie-off point during the use of more than one crane or and clarity. Therefore, OSHA defers to
new construction, construction derrick, involves hoisting personnel, or the expertise of CDAC and declines to
activities sometimes take place in is otherwise determined by a qualified adopt the commenters suggestions.
storage tanks, concrete shafts and person to involve an exceptional level of
chimneys after the structure is in place. risk. (ID0182.1.) OSHA disagrees with Paragraph (a) Plan Development
Therefore, the requirement has been these commenters for the reasons Section 1926.1432(a) requires an
changed to add a sentence specifying discussed below. employer to develop a plan before
that when there is no adequate structure CDAC specifically considered beginning a crane/derrick operation in
for attachment of personal fall arrest whether to use the term critical lift for which more than one crane/derrick will
equipment as required in triggering additional requirements, such be supporting the load, the operation
1926.502(d)(15), the personal fall as planning and oversight. (OSHA must be planned. The planning must
arrest equipment should be attached to S030200606630485.) There are a meet the criteria set forth in
the lower load block or to the overhaul variety of differing views as to what 1926.1432(a)(1) through (3). The
ball. ought to be considered a critical lift in purpose of the requirement for a plan is
Section 1926.1431(s)(3)(iv) requires this regard. For example, the Army to help ensure that the hazards involved
fall protection equipment to comply Corps of Engineers, in its 2008 U.S.
with 1926.502, Fall protection systems Army Corps of Engineers Safety and 127 In OSHAs steel erection standard, 29 CFR
criteria and practices. This ensures that Health Requirements Manual, defines 1926 subpart R, critical lift is defined as a lift that
the fall equipment is sufficient to safely critical lift as a non-routine crane lift (1) exceeds 75 percent of the rated capacity of the
crane or derrick, or (2) requires the use of more than

arrest the employees fall. requiring detailed planning and one crane or derrick (See 1926.751). However, the
Section 1926.1431(s)(3)(v) requires additional or unusual safety steel erection standard does not require planning or
the boatswains chair to be capable of precautions. This manual describes other additional precautions whenever there is a
supporting, without failure, its own critical lifts, in part, as lifts: (1) In which critical lift. A critical lift plan is only required in
subpart R when the employer elects to do a site-
weight plus a minimum of five times the the load weighs 75% of the rated specific erection plan as an alternative to the
maximum intended load. This is capacity of the crane; in which the load requirements of 1926.753(c)(5), 1926.757(a)(4), or
consistent with the requirement for is out of the operators view; involving 1926.757(e)(4).
with a multiple lift are identified and persons and the reason for replacing measures to eliminate them. This
eliminated. The Committee determined supervised, refer to the preamble ensures that the lift director has the
that a plan-based requirement would be discussion of 1926.1404(a), authority to both halt operations and
the most appropriate and effective Supervisioncompetent-qualified modify the plan if he or she determined
means of reducing the risks associated person). the lift could not be executed safely
with these operations. One commenter suggested that the according to the lift plan. Also, under
Section 1926.1432(a) does not, final rule require a lift director for 1926.1418, the equipment operator has
however, require the multiple crane/ each multiple-crane/derrick lift and that the authority to stop operations
derrick lift plan to be documented. One the lift director must be present for whenever there is a concern as to safety.
commenter suggested that the final rule each critical lift. (ID0178.1.) OSHA Thus, both the lift director and
require the plan to be in writing to agrees and, to also be consistent with equipment operator have the authority
ensure that the plan would be well the identification of the A/D director in to halt a multiple-crane/derrick lift if
designed and could be clearly 1926.1404(a), has denoted the person either determines the lift cannot be
communicated to all affected personnel. directing the multiple-crane/derrick lift executed safely pursuant to the lift plan.
(ID0182.1.) CDAC carefully as the lift director. Furthermore, if the lift director
considered where to recommend modified the plan, a review of the
Paragraph (b)(2)
including documentation requirements modified plan with the workers is
throughout the standard, and did not OSHA has decided to replace the term required under 1926.1432(b)(2)
recommend including one for this supervisor in 1926.1432(b)(2) with because it is a different plan from the
provision. The commenter did not the term lift director. This decision one that had been used initially.
provide any explanation of how a was made to be consistent with the OSHA also received a comment
documentation requirement would similar change from A/D supervisor to suggesting that the plan-review
enhance the review of the plan or the A/D director in 1926.1404(a) and the requirement in proposed
communication of the plan to the change from lift supervisor to lift 1926.1432(b)(2) did not make clear the
parties involved, and OSHA has director in 1926.1419(c)(2), intention that the review take place in
decided to defer to the expertise of the 1926.1421(a), and 1926.1421(c). (For a a meeting so that the plan could be
Committee and declines to include a detailed explanation of this change, reviewed collectively with the workers
documentation requirement for refer to the preamble discussion of as a group. (ID0182.1.) Because a
1926.1432. 1926.1404(a), Supervision collective review is more likely to be
competent-qualified person). effective than separate, individual
Paragraph (a)(3) Section 1926.1432(b)(2) mandates that reviews, OSHA agrees with the
Section 1926.1432(a)(3) requires the director review the plan with all commenters clarification and has
engineering expertise to be provided by employees who will be involved with inserted the phrase in a meeting into
the employer whenever the qualified the operation before lift operations final 1926.1432(b)(2).
person determines that it is necessary. begin. The Committee determined that it Other than this additional language,
One commenter believed that all is important for employees to know how the replacement of supervised with
multiple-crane/derrick lifts should be the plan will work, including their directed, and the inclusion of the term
planned by a licensed professional responsibilities and the responsibilities lift director, the Agency is
engineer due to the technical of others, to help ensure that the diverse promulgating this provision as
complexity of such lifts. (ID0156.1.) As aspects of the operation will be proposed.
discussed in the preamble to the coordinated (see the more complete
Section 1926.1433 Design,
proposed rule, in the view of the discussion of this provision in the
Construction and Testing
Committee, some, but not all, multiple- proposed rule preamble at 73 FR 59841,
crane/derrick lifts need to be planned Oct. 9, 2008). Previously, subpart N included
with engineering expertise so that the One commenter suggested adding an design, construction, and testing
lift can be performed safely (73 FR additional provision to proposed requirements for specific types of
59841, Oct. 9, 2008). Similarly, the 1926.1432(b) to enable the person equipment that either incorporate pre-
Committee determined that it is not directing the lift, or the operator, to halt 1970 consensus standards or that
practical to set criteria in the rule for operations if at any time the lift director require equipment to conform to
identifying which lifts need such determined the lift could not be safely manufacturers specifications. The
expertise. OSHA defers to the expertise executed pursuant to the lift plan. former category includes: crawler,
of the Committee on this issue and has (ID0182.1; 0357.1.) If such a halt to locomotive, and truck cranes (ANSI
decided not to adopt the commenters operations occurred, the suggested B30.51968, incorporated by former
suggestion. provision would require the lift director 1926.550(b)(2)); overhead and gantry
to modify the lift plan and review any cranes (ANSI B30.2.01967,
Paragraph (b) Plan Implementation such modifications with all workers incorporated by former
Under this paragraph, the employer is involved with the operation. 1926.550(d)(4)); and derricks (ANSI
required to take specific steps designed (ID0182.1.) B30.61969, incorporated by former
to ensure that the decisions and Adding such a provision is 1926.550(e)). The latter includes
precautions built into the plan are unnecessary because 1926.1432 and hammerhead tower cranes (former
effectively implemented. other provisions in subpart CC already 1926.550(c)(5)) and floating cranes and
Section 1926.1432(b)(1) requires incorporate the commenters derricks (former 1926.550(f)(2)(iii)).
direction of plan implementation by suggestions. As discussed above, Except for crawler, locomotive, and
competent and qualified persons, or by 1926.1432(b) requires the lift director truck cranes, design, construction and/
one person who meets the definitions of to be a competent person. As defined in or testing requirements for each of these
both. OSHA has decided to replace the 1926.1401, a competent person is a categories of equipment is addressed in
word supervised in this paragraph person who is capable of identifying a section of this standard that is
with the word directed. (For a detailed * * * hazards * * * and who has dedicated to that type of equipment.
explanation of competent and qualified authorization to take prompt corrective This section contains certain
requirements applicable only to crawler, B30.5, which was published after C computer system (LMI, RCL, etc.) to
locomotive, and truck cranes and, in DAC completed its draft and was the automatically reduce the cranes
addition, contains requirements that most current ASME standard available capacity based on the outrigger
apply to all of the equipment covered by at the time OSHA prepared the positions. (ID0131.1.) Although this
this subpart. proposed rule for publication. For the might well be a desirable addition,
proposed rule, OSHA compared the OSHA cannot find evidence in this
Paragraph (a) 2004 and earlier version and, as rulemaking record to indicate that such
Paragraph (a) of this section requires discussed below, requested public a system/device is currently available
that crawler, truck and locomotive comment on whether certain changes in and feasible. The Agency therefore
cranes manufactured prior to the the 2004 version should be adopted. declines to add such a requirement.
effective date of this standard meet the Two commenters objected to the
applicable requirements for design, Paragraph (c)
revisions to incorporate the 2004
construction, and testing prescribed in standards. (ID0205.1; 0213.1.) Neither Proposed paragraph (c) of this section,
ANSI B30.51968, safety code for of these commenters provided specific Prototype testing, required that mobile
Crawler, Locomotive, and Truck reasoning or analysis for their positions (including crawler and truck) and
Cranes, PCSA 128 Std. No. 2 (1968), the beyond saying that the 2004 standard locomotive cranes manufactured on or
requirements in paragraph (b), or the was not available at the time the after the effective date of this standard
applicable DIN (Deutsches Institut fur consensus document was created. meet the prototype testing requirements
Normung e.V., or German Institute for OSHA concludes that in the absence of in 1926.1433(c)(1), Test Option A or
Standardization) standards that were in any reason for not referring to the 1926.1433(c)(2), Test Option B of this
effect at the time of manufacture. updated ASME standard, the most section. Test Option A continues the
This provision allows employers to recent version of the standard available prototype testing methodology that was
continue to use equipment that prior to the publication of the proposed previously required under subpart N for
complies with former 1926.550(b)(2) of rule should be used in this provision. crawler, locomotive, and truck cranes
subpart N and also gives them the Therefore, this provision is promulgated through the incorporation of ANSI
flexibility to use equipment that was as proposed. B30.51968. Test Option B permits, as
built to conform to applicable DIN The incorporation by reference of the an alternative, the use of computer
standards. listed provisions of ASME B30.52004 modeling technology for prototype
One commenter objected to the in paragraph (b) of this section does not evaluation. CDAC agreed to allow
inclusion of DIN standards, stating that mean that other provisions found in computer modeling testing under the
those standards are less stringent than ASME B30.52004 do not apply to European CEN standard only on the
the ANSI standard. (ID0178.1.) The equipment under this subpart. Some condition that the requirements of
commenter did not elaborate on this other provisions of ASME B30.52004 proposed 1926.1433(c)(2), discussed
objection, and OSHA does not find are not incorporated into this section below, are met to ensure the reliability
merit in it. Many cranes currently in use because they deal with issues addressed of the computer modeling. OSHA is
in the United States were manufactured elsewhere in this standard. For example, incorporating this option into the final
in Europe to DIN standards, and OSHA two-block protection, which is required rule with the same condition. OSHA has
has no reason to conclude that these by sec. 51.9.9.1 of the ASME standard, updated the reference to the CEN
cranes are any less safe than those is addressed in 1926.1416 of this standard to BS EN 13000:2004. This
manufactured domestically. proposed standard. In addition, the change was made because for purposes
Accordingly, paragraph (a) is issues addressed in paragraph (e) below of incorporation by reference OSHA
promulgated without substantive are addressed in ASME B30.52004 but, must point to a specific document and
change. OSHA has clarified the instead of making those provisions OSHA has selected the English language
paragraph by splitting the options for applicable solely to mobile and version of EN 13000. In addition, for
compliance into separate paragraphs (1) locomotive cranes, CDAC drafted clarity, a note to paragraph (c) states that
through (4), but has not changed any of corresponding provisions that would be prototype testing of crawler, locomotive
the requirements. applied to all of the equipment subject and truck cranes manufactured prior to
to this proposed standard. the effective date of the standard must
Paragraph (b) The sections of ASME B30.5 conform to paragraph (a). No comments
Paragraph (b) of this section uses the referenced in 1926.1433(b)(1) and were received on the provisions of
phrase mobile and locomotive cranes (b)(13) contain requirements for paragraph (c) that apply to mobile
to reflect the current terminology used equipment with outriggers partially cranes.
in ASME B30.52004. It specifies that extended that are not found in the OSHA noted in the proposal that
such cranes must meet certain earlier version of the ASME standard. In neither proposed 1926.1433(c) nor any
provisions of ASME B30.52004. the discussion of 1926.1433(b) of the other proposed provisions would apply
As drafted by CDAC, paragraph (b) proposed rule, OSHA noted that prototype testing requirements to tower
required that mobile (including crawler 1926.1404(q)(1) permits partial cranes. It appeared to the Agency that
and truck) and locomotive cranes deployment of outriggers when this was an oversight on the part of C
manufactured on or after the effective manufacturer procedures permit, and DAC. OSHA requested public comment
date of this standard meet certain expressed its conclusion that on whether there should be prototype
provisions of ASME B30.52000 with incorporating the provisions on partially testing requirements for tower cranes,
and, if so, what requirements should
addenda ASME B30.5a2002, Safety deployed outriggers in the 2004 version

Code for Mobile and Locomotive of ASME B30.5 would be consistent apply. All four commenters on this
Cranes. Here, as elsewhere in the with 1926.1404(q)(1). OSHA requested issue recommended inclusion of
proposal, OSHA updated the provision public comment on this issue. In computer modeling and/or verification
to refer to the 2004 version of ASME response, one commenter recommended for tower crane prototypes in
requiring a system or device that would accordance with BS EN 14439:2006.
128 PCSA is the acronym for the Power Crane sense the positions of the outriggers and (ID0156.1; 0180.1; 0205.1; 0213.1.)
Shovel Association. interact with the cranes onboard OSHA agrees with these comments and
has added these requirements to the necessary to help enable employers to be maintained in legible condition.
final version of 1926.1433(c). comply with proposed Compliance with this requirement will
Another commenter suggested that 1926.1433(d)(2). increase the likelihood that employees
the standard require equipment Section 1926.1433(d)(4), Latching will recognize the hazard identified on
manufacturers to obtain independent hooks, requires that hooks meet the the posted warning and avoid or protect
verification that the prototype testing requirements in 1926.1433(d)(4)(i) themselves from that hazard.
was performed. (ID0156.1.) CDAC (ii) of this section.129 Section Section 1926.1433(d)(6) requires that
addressed the prototype issues directly 1926.1433(d)(4)(i) requires that hooks be an accessible fire extinguisher be on the
and did not recommend this approach. equipped with latches, except where the equipment to eliminate small fires
Based on the evidence in the record, the requirements of 1926.1433(d)(4)(ii) are quickly. This provision continues a
Agency is not convinced that placing met. It also requires that latches close similar requirement that was in the
this burden on the manufacturer is the throat openings of hooks and that former 1926.550(a)(14)(i).
warranted. they be designed to retain slings or other Section 1926.1433(d)(7), Cabs, states
lifting devices/accessories in the hooks that equipment with cabs must meet the
Paragraph (d)
when the rigging apparatus is slack. requirements listed in
Paragraph (d) of this section mandates This requirement is included to ensure 1926.1433(d)(7)(i) through (v) of this
that all equipment covered by this that the rigging will not be section. These provisions ensure that
subpart meet the requirements listed in unintentionally dislodged from the hook the crane operator is provided with a
1926.1433(d)(1) through (d)(13) of when the rigging apparatus is slack. safe work station that has adequate
this section. The issues listed in Section 1926.1433(d)(4)(ii) prohibits ventilation, safe means of access and
paragraph (d) are addressed by ASME hooks without latches, or with latches egress, good visibility, protection
B30.52004. However, as explained in removed or disabled, from being used against window breakage, and sufficient
the proposed rule, CDAC determined unless two criteria are met. First, to roof strength. Most of these
that these requirements were also ensure that the hazards are weighed requirements continue the protections
appropriate for other equipment, and appropriately, a qualified person must provided under OSHAs prior rules for
the proposed rule applied them to all determine that it is safer to hoist and crawler, locomotive, and truck cranes,
equipment (see 73 FR 5984359845, place the load without latches (or with which incorporated by reference various
Oct. 9, 2008). The Agency did not the latches removed/tied-back). Second, sections of ANSI B30.51968.
receive any comments opposing this routes for the loads must be pre-planned Section 1926.1433(d)(7)(i) requires
approach. Therefore, instead of applying to ensure that no employee is required that cabs be designed with a form of
these requirements solely to mobile and to work in the fall zone except for adjustable ventilation and method for
locomotive cranes, paragraph (d) applies employees necessary for the hooking or clearing the windshield for maintaining
them to all equipment covered by this unhooking of the load. The reason for visibility and air circulation. Examples
subpart. generally requiring hooks to be of means for adjustable ventilation
Section 1926.1433(d)(1), Load equipped with latches is to prevent the include an air conditioner or window
capacity/ratings and related load from accidentally disengaging from that can be opened (for ventilation and
information, requires the employer to the hook. CDAC determined that the air circulation); examples of means for
ensure that the information available in use of hooks with latches is an industry maintaining visibility include heater
the cab (see 1926.1417(c)) regarding recognized practice, but also recognized (for preventing windshield icing),
load capacity/ratings and related that there are some circumstances where defroster, fan, and windshield wiper.
information include the data listed in the use of a hook with a latch presents This provision ensures adequate air
1926.1433(d)(1)(i) through (d)(1)(xvi). a greater hazard. The exceptions in circulation, both for the operators
These equipment specifications need to 1926.1433(d)(4)(ii) are included to health and for good visibility.
be made available for the operator to address the latter circumstances. For Under 1926.1433(d)(7)(ii), cab doors
reference in the cab so that the operator example, if an employee would have to (whether swinging or sliding) must be
has immediate access to information climb up or out onto an unsecured, designed to prevent inadvertent opening
needed to ensure safe operation. elevated member to unhook the load
Section 1926.1433(d)(2) requires that or closing while traveling or operating
after its placement, the employee would the machine. Swinging doors adjacent to
load hooks (including latched and be exposed to a fall hazard. The criteria
unlatched types), ball assemblies and the operator must open outward. Sliding
in 1926.1433(d)(4)(ii) for permitting a operator doors must open rearward.
load blocks be of sufficient weight to hook to be used without a latch are
overhaul the line from the highest hook Standardization of the direction for
designed to ensure that the operation opening doors helps ensure that an
position for boom, or boom and jib can still be conducted safely.
lengths, and the number of parts of the operator will be able to exit the cab
Section 1926.1433(d)(5), Posted
line in use. This requirement is quickly in an emergency.
warnings, states that posted warnings
necessary to prevent any incidents that Section 1926.1433(d)(7)(iii),
required by this subpart, as well as
could occur when ball assemblies, load Windows, requires that cab windows
those originally supplied with the
blocks, and load hooks are of meet the requirements listed in
equipment by the manufacturer,130 must
insufficient weight to keep the load line 1926.1433(d)(7)(iii)(A) through (C).
from being unintentionally pulled up 129 Pursuant to a commenters suggestion on the
Section 1926.1433(d)(7)(iii)(A)
the boom due to the weight of the load structure of this section as proposed (ID0172.1), requires that the cab have windows in
this section was reorganized in the final rule for front and on both sides of the operator.
line itself. clarity but was not changed substantively.

Section 1926.1433(d)(3) requires that Forward vertical visibility must be
130 Two commenters stated that posted warnings
hook and ball assemblies and load sufficient to give the operator a view of
originally supplied with the equipment by the
blocks be marked with their rated manufacturer should not be included in this the boom point at all times.
capacity and weight. Marking this provision and were not agreed to by CDAC; they
believed that CDAC required only original posted consensus document. In any event, OSHA believes
equipment with their rated capacities warnings related to electrical hazards. (ID0205.1; that maintenance of manufacturers original posted
and weights is needed to help ensure 0222.1.) These commenters are mistaken; the warnings is critical to safe operation of equipment
that they are not overloaded and is proposed language is unchanged from the CDAC and is promulgating this provision as proposed.
Section 1926.1433(d)(7)(iii)(B) allows from vibration or movement of the the equipment has not been modified 131
windows to have sections designed to equipment, they must be secured, since it was manufactured, except in
be opened or readily removed. Windows protected with anti-chafing gear, or accordance with 1926.1434,
with sections designed to be opened otherwise protected from chafing Equipment modifications. Sections
must be designed so that they can be damage. Denting, crushing, puncturing, 1926.1433(d)(1)(d)(6) are excluded
secured to prevent inadvertent closure. or nicking a hydraulic or pneumatic line from this provision because the
Compliance with this provision ensures could adversely affect the structural employer can easily verify compliance
that the operator can adequately integrity of the line and compromise the with them without recourse to
ventilate the cab should conditions safe operation of the affected systems documentation provided by the
within the cab affect the safe operation and the crane as a whole. manufacturer. An employers failure to
of the crane. Section 1926.1433(d)(11) requires that have such documentation in its
Section 1926.1433(d)(7)(iii)(C) equipment be designed so that exhaust possession would not, in itself,
specifies that windows be constructed fumes are not discharged in the cab and constitute a violation of these
of safety glass, or material with similar are discharged in a direction away from provisions. Rather, 1926.1433(e) is
optical and safety properties, that the operator. This provision ensures that intended to make clear that crane users
introduces no visible distortion or exhaust gases that are likely to adversely need not independently determine
otherwise obscures visibility. In the affect or incapacitate the operator will whether their equipment meets certain
final rule, OSHA has deleted the phrase not accumulate in the cab because of the provisions of this section but may rely
that interferes with the safe operation design of the equipment. For the same on manufacturer documentation for that
of the crane from the end of this reason, OSHA is amending the final rule purpose. No comments were received
paragraph as proposed to eliminate an to clarify that the exhaust fumes must on this paragraph, and it is promulgated
ambiguity that might arise in also be discharged away from any air as proposed.
interpreting this provision. intake source for the cab.
Section 1926.1433(d)(7)(iv) requires Section 1926.1433(d)(12), Friction Section 1926.1434 Equipment
that a clear passageway be provided mechanisms, states that where friction modifications
from the operators station to an exit mechanisms (such as brakes and This section addresses the procedures
door on the operators side. This clutches) are used to control the boom an employer must follow when
provision will enable the operator to hoist or load line hoist, they must be: of equipment is modified in a way that
enter and exit the equipment safely and a size and thermal capacity sufficient to affects its capacity or safe operation. Its
will enable the operator to escape from control all rated loads with the purpose is to safeguard against unsafe
the cab quickly in the event of an minimum recommended reeving; and modifications and to ensure that the
emergency. adjustable to permit compensation for equipments instructions and
Section 1926.1433(d)(7)(v) states that lining wear to maintain proper specifications are updated to reflect the
areas of the cab roof that serve as a operation. The words all rated have modifications so that the equipment
workstation for rigging, maintenance or been added back into paragraph may be used safely.
other crane-related tasks must be (d)(12)(i) of this section in response to This section uses the term
capable of supporting 250 pounds several comments who correctly pointed modification/addition to refer to
without permanent distortion. out that the phrase was included in the modification or addition to clarify that
Section 1926.1433(d)(8) requires that CDAC consensus document. (ID an addition to the equipment is a type
belts, gears, shafts, pulleys, sprockets, 0180.1; 0205.1; 0213.1.) This phrase of modification and needs to be subject
spindles, drums, fly wheels, chains, and was inadvertently deleted from the to the same approval procedures as
other parts or components that proposal and is needed to clarify the other types of modifications. For
reciprocate, rotate or otherwise move be requirement. example, the addition of a generator to
guarded where contact by employees Section 1926.1433(d)(13), Hydraulic the back of the cab of a crane needs to
(except for maintenance and repair load hoists, specifies that hydraulic be subject to the approval procedures
workers) is possible in the performance drums have an integrally mounted because it will alter the cranes
of normal duties. The exception permits holding device or internal static brake to backward stability.
maintenance and repair workers to prevent load hoist movement in the Paragraph (a)
remove the guards when their work event of hydraulic failure. This
requires access to the parts being requirement will protect employees Paragraph (a) of this section prohibits
guarded. against unintended movement of the modifications or additions to equipment
Section 1926.1433(d)(9) requires that load hoist caused by a hydraulic failure. which affect the capacity or safe
all exhaust pipes, turbochargers, and As noted above, operation of the equipment except
charge air coolers be insulated or 1926.1433(d)(7)(iii)(C) and where any of five options set out in
guarded where contact by employees is 1926.1433(d)(11) were amended to 1926.1434(a)(1), (2), (3), (4), and (5)
possible in the performance of normal clarify those provisions, and are met. Options outlined in (a)(4) and
duties. As with 1926.1433(d)(8), an 1926.1433(d)(12)(i) was amended to (a)(5) were not in the proposed rule; see
exception is provided when address comments received. All other discussion below.
maintenance and repair workers need to provisions of paragraph (d) are Option (1)Manufacturer Review and
remove the guards to perform their promulgated as proposed with minor Approval
work. This provision is included to grammatical corrections and changes in
Under paragraph (a)(1)(i), the
protect workers against injuries that can numbering.

occur if they contact components that employer must get the manufacturer of
are hot enough to cause burns. Paragraph (e) the equipment to approve the
Section 1926.1433(d)(10) requires that Section 1926.1433(e) permits modifications/additions in writing.
hydraulic and pneumatic lines be employers to rely on documentation 131 For clarification, the phrase in the final
protected from damage to the extent from manufacturers to show that they standard: where the equipment has not been
feasible. For example, where hydraulic are in compliance with 1926.1433(a) modified replaces the phrase in the proposed
or pneumatic lines are subject to chafing (c) and 1926.1433(d)(7)(d)(13) where standard: where the equipment has not changed.
Paragraph (a)(1)(ii) requires that load Modifications may have different effects commenter where a manufacturer agrees
charts, procedures, instruction manuals, depending on the configuration. CDAC to review a proposed modification/
and instruction plates/tags/decals be determined that it was essential for addition, but fails to complete that
modified in accordance with the purposes of ensuring safe operation that review within 120 days of the date on
modification/addition. Under (a)(1)(iii), the approval specify the configurations which it was provided with a detailed
the original safety factor of the to which it applies. An example of an description of the proposed
equipment must not be reduced. approval satisfying this would be the modification/addition. (ID0187.1.)
Meeting the requirements of this following: This is an approval to add OSHA agrees with the commenter that
paragraph ensures that the original an additional boom section of the above- in that scenario the employer should
safety factor is not reduced and that all described design for a brand K lattice have the option of seeking approval
affiliated materials related to safe boom crane, model 1. This approval from a registered professional engineer
operation of the equipment applies only when the crane is in accordance with the requirements of
(instructions, charts) are updated to configured without a jib. (a)(2)(i) and (ii) above. OSHA concludes
reflect the changes made. Paragraph Paragraph (a)(2)(i)(B) requires that the that 120 days will generally be sufficient
(a)(1) is promulgated as proposed. registered professional engineer modify for manufacturers to complete reviews;
load charts, procedures, instruction for proposed modifications/additions
Option (2)Manufacturer Refusal To manuals, and instruction plates/tags/ that are particularly extensive or
Review Request decals as necessary to accord with the complex, OSHA assumes that the length
Under paragraph (a)(2), the employer modification/addition. Under paragraph of time needed to review the proposal
must provide a detailed description of (a)(2)(ii), the original safety factor of the will be longer and will be addressed as
the proposed modification to the equipment must not be reduced. a contractual matter between the parties.
manufacturer and ask it to approve the One local jurisdiction commented
modification/addition. If the that local governments should have the Option (5)Multiple Manufacturers of
manufacturer declines to review the option of reviewing and approving Equipment Designed for Use on Marine
technical merits of the proposal or fails, cranes that are not modified in Work Sites
within 30 days, to acknowledge the conjunction with the manufacturer. (ID Paragraph (a)(5) has been added to
request or initiate the review, the 0156.1.) The commenter did not explain this final rule in response to a comment
employer may proceed with the how such a requirement would work in regarding equipment used on marine
modification/addition if it complies practice or how it would enhance work sites. (ID0187.1.) According to
with the other requirements in employee safety. OSHA defers to C this commenter, in the marine
paragraph (a)(2). In these conditions, the DACs judgment that having a registered construction industry, contractors
employer may utilize a registered professional engineer (who is a qualified routinely hire shipyards to build
professional engineer who is a qualified person with respect to the equipment specialized barges or modify existing
person with respect to the equipment to involved) approve the modification in barges used as floating platforms for
approve the modification/addition in accordance with the requirements of hoisting equipment. Custom-made
lieu of the manufacturer. See paragraph (a)(2) will provide adequate hoisting equipment for such operations
1926.1401 for the definition of protection. See, e.g., Building & Constr. is frequently assembled using
qualified person. CDAC found it Trades Dept, AFLCIO v. Brock, 838 component parts manufactured by
important to clarify that this individual F.2d 1258, 1271 (DC Cir. 1988) ([A] multiple manufacturers and then
needs to be a qualified person with party challenging an OSHA standard installed on the floating platform. In
respect to the equipment involved, must bear the burden of demonstrating such cases, it is impossible to identify
since specialized knowledge beyond that the variations it advocates will a single manufacturer from which to
that of a general registered professional * * * provide more than a de minimis seek approval for a modification/
engineer is needed to make the required benefit. * * *). Paragraph (a)(2) is addition; therefore OSHA concludes
assessments regarding the particular adopted without change from the that it was reasonable to provide
equipment that is being modified. proposal. employers in these instances with the
The Committee recommended this ability to seek approval for a proposed
option because it determined that the Option (3)Unavailable Manufacturer modification/addition from a registered
refusal of a manufacturer to review a Paragraph (a)(3) addresses a scenario professional engineer in accordance
request, or a manufacturers failure to in which the manufacturer of equipment with paragraphs (a)(2)(i) and (ii) above.
act on the request within a reasonable is unavailable to review proposed The term marine worksite is defined in
time, would not preclude an employer modifications/additions because, for 1926.1401 as a construction worksite
from making a modification if adequate example, it has gone out of business located in, on, or above the water.
precautions are followed. The (and has not been taken over by a
Committee concluded that 30 days successor company). In this situation, if Paragraph (b)
would give the manufacturer a the employer wishes to modify its Paragraph (b) of this section prohibits
reasonable amount of time to decide equipment in a way that affects its modifications or additions which affect
whether to simply decline to review the capacity or safe operation, it can get the capacity or safe operation of the
request or to proceed with evaluating it. approval from a registered professional equipment where the manufacturer,
Also, the Committee concluded that a engineer in accordance with the after a review of the technical safety
failure to respond at all in this period requirements of (a)(2)(i) and (ii) above. merits of the proposed modification/
would fairly reflect an intention not to This paragraph is adopted as proposed. addition, rejects the proposal and
act on the request in a timely manner. explains the reasons for the rejection in
Under paragraph (a)(2)(i)(A) OSHA Option (4)Manufacturer Does Not a written response.
requires that the approval by the Complete the Review Within 120 Days OSHA concludes, as did CDAC, that
registered professional engineer specify of the Request it was important to expressly state the
the equipment configurations to which Paragraph (a)(4) has been added to need for the manufacturer to explain
it applies. Cranes typically can be this section of the final rule based on a why it rejected the employers proposed
configured in a variety of ways. particular scenario raised by a modification. Such an explanation both
demonstrates that the manufacturer permissibly deviate from being perfectly apply to tower cranes are 1926.1415
reviewed the technical safety merits of vertical by a slight amount. As (safety devices) and 1926.1416
the request and gives the employer the explained below in the discussion of (operational aids). Instead, this section
opportunity to modify the proposal to 1926.1435(b)(5), the cranes tower lists the safety devices and operational
address the manufacturers objections. If must be plumb to the manufacturers aids that are required for tower cranes.
the manufacturer does not provide the tolerance or, where the manufacturer In addition, this section contains
reasons for its rejection in writing, the does not specify the plumb tolerance, additional requirements for erecting,
employer may consider this a refusal to plumbed to a tolerance of at least 1:500. climbing, dismantling, and inspections
review a request under paragraph (a)(2) OSHA concludes that adding the that are specific to tower cranes. No
above. words or near vertical to the definition comments were received on this
No comments were received for this of tower crane is not necessary. paragraph, and it is promulgated as
paragraph; it is promulgated as Although a tower crane may deviate proposed.
proposed. from being perfectly vertical by the
Paragraph (b) Erecting, Climbing and
amount of the manufacturers tolerance
Paragraph (c) Dismantling
or, where the manufacturer does not
Paragraph (c) of this section states that specify a tolerance, at least 1:500, the Section 1926.1435(b)(1) requires the
the provisions in 1926.1434(a) and tower crane would still be vertical employer to comply with the assembly
(b) do not apply to modifications made within the ordinary meaning of that and disassembly requirements set out in
or approved by the U.S. military. During word. Adding the words or near 1926.14031926.1406, except as
CDAC negotiations, a representative of vertical could create additional otherwise specified in this section.
the U.S. Navy indicated to CDAC that ambiguity and is not necessary to avoid Section 1926.1435(b)(1) notes that the
such an exception is needed in the misleading tower crane users into industry generally refers to the assembly
event of military exigencies. OSHA thinking that their equipment does not and disassembly of tower cranes as
defers to the Committees expertise on fall within OSHAs definition if the erecting, climbing and dismantling.
this issue. No comments were received tower deviates from perfect vertical by Therefore, when the term assembly is
for this paragraph; it is promulgated as the amount permitted by the rule. used in 1926.1403 through
proposed. Two commenters suggested adding 1926.1405, it is replaced with erecting
the following sentence at the end of the and climbing when referring to tower
Section 1926.1435 Tower Cranes definition: cranes. Similarly, where the term
Definition of Tower Crane disassembly is used, it is replaced
Mobile cranes that are configured with
luffing jib and/or tower attachments are not
with dismantling when referring to
OSHAs proposed definition reflected tower cranes.
three changes from the Committee draft. considered tower cranes under this section.
Section 1926.1435(b)(2), Dangerous
First, a characteristic of tower cranes (ID0205.1; 0213.1.) areas (self-erecting tower cranes),
that was missing from the CDAC The provisions in this section for addresses the hazards associated with
definition was that the working boom is tower cranes are not appropriate for crew members located in certain areas.
in an elevated position above the application to a mobile crane configured Employees must not be in or under the
ground. Second, the working boom on with a luffing jib. This conclusion is tower, jib, or rotating portion of the
some tower cranes, even of the non- equally applicable to mobile cranes crane during erecting, climbing and
luffing type, may not be at a 90 degree used with tower attachments. Such dismantling operations until the crane is
angle to the tower, and so the term attachments typically consist of devices secured in a locked position and the
fixed horizontally may not always be that fix the mobile cranes main boom competent person indicates it is safe to
appropriate for a non-luffing jib. Third, at a near-vertical position and use of a enter these areas. The only exception to
tower cranes do not always rotate about luffing jib. OSHA therefore agrees that a this is where the manufacturers
the tower center to swing loads. There mobile crane configured in either instructions direct otherwise and the
are top slewing tower cranesthose in manner should not be treated as a tower employer limits access to necessary
which the working boom rotates on the crane, since the supplemental provision employees only.
top of a fixed tower, and bottom for tower cranes in this section are not These areas are hazardous because, in
slewing tower cranesthose in which designed for such applications.132 the event of unintended movement of
the tower itself (with the working boom Therefore, the Agency has added the components, there is a heightened
fixed to it) rotates on its base, and for language suggested by the commenters chance that an employee could be
the latter, the boom does not rotate to the definition. struck or crushed. The exception
about the tower center. OSHA requested Paragraph (a) accounts for those situations in which,
public comment on the changes it made due to the design of the equipment, it
to the Committee draft definition. Section 1926.1435(a) states that
is infeasible for all employees to be out
One commenter agreed with the 1926.1435 contains supplemental
of these areas during erecting, climbing
proposed definition of tower crane, requirements for tower cranes and that
and dismantling operations. No
saying that OSHAs changes removed all other sections of this standard apply
commenters addressed
any ambiguity in the definition. (ID to tower cranes unless specified
1926.1435(b)(2). It is promulgated
0187.1.) Three commenters suggested otherwise. This paragraph makes clear
without change.
adding the words or near vertical to that all provisions of this subpart apply Proposed paragraph (b)(3),
the first sentence of the definition so to tower cranes unless a specific
Foundations and structural supports,

that it would say, a type of lifting provision states that they are provided: Tower crane foundations and
structure which utilizes a vertical, or inapplicable. As discussed below, two structural supports shall be designed by
near vertical, mast or tower. * * * (ID sections of this standard that do not the manufacturer or a registered
0180.1; 0205.1; 0213.1.) These 132 Note, however, that some tower cranes are
professional engineer.
commenters were evidently concerned mobile, i.e., truck-mounted (such as truck-mounted
When a tower crane is mounted to
that a tower crane could, under self-erecting tower cranes). These are considered portions of a structure, it is vital for safe
1926.1435(b)(5), Plumb tolerance, tower cranes under this standard. operation that the structure be able to
withstand the forces imposed by both their design. OSHA is not, however, and finds no basis in the record to set
the crane and the loads the crane will requiring the A/D Director to make such a maximum wind speed during erection
handle throughout the job. Accordingly, an independent assessment. For of 20 miles per hour. Accordingly,
when portions of a structure are used to example, the intent of the provision is OSHA is promulgating
support a tower crane, the manufacturer met when the A/D Director determines 1926.1435(b)(4)(iii) as proposed.
or registered professional engineer who from the engineer of record that the Paragraph (b)(5) of this section, Plumb
designs the cranes structural supports installation was done correctly. To make tolerance, requires that the cranes
must ensure not only that the structure this clear, OSHA has, in the final rule, tower be plumb to the manufacturers
is adequate to support the crane when changed the word verify to tolerance and verified by a qualified
it is mounted but that it will continue determine. person. Where the manufacturer does
to support the crane under all Paragraph (b)(4)(ii) requires that the not specify the plumb tolerance, this
anticipated conditions of use. A/D Director address the backward provision requires that the tower be
In the proposal, OSHA noted that it stability of the crane before self erecting plumb to a tolerance of at least 1:500.
interpreted structural supports in this tower cranes or cranes on traveling or The tower needs to be plumb within the
provision to include both the portions of stationary undercarriages are swung. manufacturers tolerance to ensure the
the structure used for support and the OSHA has removed the words must be cranes stability and prevent it from
means of attaching the tower to the considered that were in the proposed collapsing. The Committee noted that a
structure, and requested public paragraph to avoid ambiguity. Paragraph tolerance of at least 1:500 is generally
comment on whether proposed (b)(4) requires the A/D Director to what manufacturers specify and that for
1926.1435(b)(3) stated this intent with address certain issues, including the any type of vertical structure this
sufficient clarity. stability issue in paragraph (b)(4)(ii), generally is the accepted plumb
Five commenters recommended that and the words must be considered tolerance in the engineering and
OSHA clarify that structural supports could be read as limiting or modifying construction industries. No comments
means both the portions of the structure that duty. This provision is similar to were received on this provision; it is
used for support and the means of the assembly/disassembly requirement promulgated as proposed.
attachment. (ID0120.0; 0156.1; in 1926.1404(h)(11) except that it Paragraph (b)(6), Multiple tower crane
0180.1; 0205.1; 0213.1.) OSHA has applies only to self erecting tower jobsites, requires construction jobsites
modified paragraph (b)(3) of this section cranes and cranes that are on traveling with more than one fixed jib
of the final rule accordingly. or static (stationary) undercarriages. It (hammerhead) tower crane installed to
Section 1926.1435(b)(4), Addressing applies to these types of tower cranes to be located so that no crane can contact
specific hazards, requires the employer highlight the fact that, because they do the structure of another crane. However,
to comply with 1926.1404(h)(1) not have a base that is fixed to the the jibs of multiple hammerhead tower
through (9), which pertain to erecting, ground, the backwards stability safety cranes are permitted to pass over/under
climbing and dismantling. In particular, issue needs to be addressed. No one another. This provision is designed
1926.1404(h) requires that the A/D comments were received on this to ensure that multiple tower cranes on
Director address certain hazards, which provision, and it is promulgated with a construction site do not collide with
are discussed above in the discussion of only the one revision. each other. No comments were received
1926.1404. Section 1926.1435(b)(4) Proposed 1926.1435(b)(4)(iii) on this paragraph. OSHA has replaced
lists additional hazards, specific to provided that erecting, climbing, and the word may with can in the final
tower cranes, that the A/D Director also dismantling not take place when the rule to clarify that it must be physically
must address. These additional hazards wind speed recommended by the impossible for the structure of one crane
are those associated with (i) the manufacturer is exceeded. Where the to contact the structure of another. The
foundations and structural supports for manufacturer does not recommend a text is otherwise unchanged in the final
tower cranes, (ii) the loss of backward maximum wind speed, a qualified rule.
stability, and (iii) wind speed. person is required to establish the Paragraph (b)(7), Climbing
Proposed 1926.1435(b)(4)(i) required maximum wind speed that must not be procedures, contains special
the A/D Director to verify that the exceeded. This provision was included requirements that have to be followed
foundation and structural supports are because the horizontal force caused by during the climbing process. Climbing is
installed in accordance with their wind during erecting and dismantling defined in 1926.1401. Paragraph (b)(7)
design. This paragraph is designed to can have a substantial effect on the requires that prior to, and during, all
ensure that the design of these stability of a tower crane. climbing procedures the employer (i)
components by the manufacturer or One commenter suggested that Comply with all manufacturer
registered professional engineer is climbing should not be allowed if the prohibitions; (ii) have a registered
followed when they are installed. wind speed perpendicular to the jib is professional engineer verify that the
Three commenters stated that the in excess of 20 miles per hour. (ID host structure is strong enough to
A/D Director is not qualified to perform 0137.1.) This commenter stated that sustain the forces imposed through the
this function and that the registered most manufacturers will allow climbing braces, brace anchorages and supporting
professional engineer who designed the in winds up to 40 miles per hour but are floors; and (iii) ensure that no part of the
support should verify that the not specific on winds that are climbing procedure takes place when
foundation and structural supports are perpendicular to the jib. OSHA wind exceeds the speed recommended
properly installed. (ID0180.1; 0205.1; concludes that any manufacturer who by the manufacturer or, where the
specifies wind speed will assume that manufacture does not specify the wind
0213.1.)
OSHA determines that the the wind might be blowing in any speed, the speed determined by a
commenters are assuming that, by the direction, including perpendicular to qualified person. No comments were
use of the term verify, the proposed the jib, and take that into account in the received on this paragraph; it is
provision meant that the A/D Director recommendation. OSHA further unchanged in the final rule. The Agency
would have to independently assess the concludes that manufacturers (and notes that several commenters did
foundation and supports to determine if qualified persons) are well qualified to object generally to the mandatory
they were installed in accordance with determine the maximum wind speed compliance with manufacturer
requirements. These arguments are The same commenter stated that the operational aids for tower cranes are the
addressed in the discussion of swing should be disabled during same as those that 1926.1415 and
1926.1417. climbing and that a pre-test of the 1926.1416 require for other equipment,
Paragraph (b)(7)(ii) requires the hydraulic system should be performed others are unique to tower cranes. C
employer to have a registered when the upper structure is initially DAC determined it would promote
professional engineer verify that the raised. This commenter did not offer clarity to list all the devices and aids for
host structure is strong enough to any rationale in support of these tower cranes in this section.
sustain the forces imposed through the suggestions, and OSHA does not Safety devices must be in proper
braces, brace anchorages and supporting conclude they are needed to ensure the working order. Where a safety device is
floors. Examples of typical host safety of the climbing process. not in proper working order, the crane
structures include a building, parking Section 1926.1435(b)(8), must be taken out of service until it is
garage, bridge or pier. If the host Counterweight/ballast, addresses the again functioning properly. The
structure is not strong enough, the host hazard of instability that can result from Committee determined that the
structure could collapse and cause the improper installation or removal of protection offered by safety devices is
tower crane to collapse as well. No counterweight/ballast, which can cause critical to safe operation and that there
comments were received on this a collapse. Sections 1926.1435(b)(8)(i) is no alternative way to achieve the
paragraph; it is unchanged in the final and (ii) require that tower cranes not be same level of safety that the safety
rule. erected, dismantled or operated without devices provide. By contrast, if an
Proposed paragraph (b)(7)(iii) the amount and position of operational aid is malfunctioning,
required the employer to ensure that no counterweight or ballast in place as operations may continue where the
part of the climbing procedure takes specified by the manufacturer or a employer implements specified
place when wind exceeds the speed registered professional engineer familiar temporary alternative measures. Where
recommended by the manufacturer or with the equipment and that the the tower crane manufacturer specifies
by a qualified person if the maximum amount of counterweight or more protective alternative measures
ballast not be exceeded. No comments than those specified in this section, the
manufacturer does not specify this
addressed this paragraph, and it is employer is required to follow those
information. The Agency noted that
promulgated as proposed. more protective alternative measures.
1926.1435(b)(4)(iii) requires wind Safety Devices: Paragraph (d)(2)
speed to be addressed during erecting, Paragraph (c) Signs requires the safety devices on tower
climbing and dismantling in the same Section 1926.1435(c) requires cranes discussed below.
manner as 1926.1435(b)(7)(iii) and employers to comply with the Boom stops on luffing boom type
requested public comment on whether manufacturers specifications regarding tower cranes ( 1926.1435(d)(2)(i)) and
1926.1435(b)(7)(iii) should be omitted the size and location of signs. This jib stops on luffing boom type tower
as redundant. Three commenters agreed requirement addresses the hazards that cranes if equipped with a jib attachment
that 1926.1435(b)(7)(iii) was can result from attaching signs (such as ( 1926.1435(d)(2)(ii)) are required.
redundant and should be deleted. (ID signs with the companys name) to These are comparable to the boom and
0180.1; 0205.1; 0213.1.) OSHA agrees tower cranes. The force of the wind jib stops required for other cranes under
and has deleted 1926.1435(b)(7)(iii) bearing against a large sign can 1926.1415 (discussed above) and are
from the final rule. significantly increase the horizontal intended to prevent the boom and jib
One commenter suggested that all force the wind exerts on the crane. from being raised to too high an angle
rigging used during the climbing According to the Committee, most and toppling over backwards.
process should follow the rules manufacturers specify the maximum Paragraph (d)(2)(iii) requires travel
provided in 1926.1431 (Hoisting size and permissible location of signs so end rail stops at both ends of the travel
personnel), and in particular the that the stability of the tower crane is rail. These are comparable to the rail
requirement that the lift not exceed 50% not compromised. Where the stops required for equipment on rails
of the equipments rated capacity. (ID manufacturer does not specify this under 1926.1415 and are designed to
0137.1.) This commenter said that such information or where such information keep the crane from overshooting the
a requirement is appropriate because is unavailable, this provision requires a boundaries on the rail within which it
climbing frames are often hoisted or registered professional engineer who is is supposed to operate, which could
lowered by the crane while workers are familiar with the specific type of tower cause the crane to collapse.
on them. OSHA is aware of no reason crane involved to give written approval Paragraph (d)(2)(iv) requires travel rail
why workers need to be on a climbing of the size and location of any signs. clamps on all travel bogies. A travel
frame while it is being hoisted and it The provision applies irrespective of bogie (tower cranes) is defined in
notes that such a practice would violate whether the sign was installed during or 1926.1401 as an assembly of two or
a number of provisions of 1926.1431. after erecting/climbing. No comments more axles arranged to permit vertical
As discussed in 1926.1431, cranes are were received on this provision, and it wheel displacement and equalize the
designed to hoist material, not is promulgated as proposed. loading on the wheels. When tower
personnel, and may only be used to cranes travel on rails, they are mounted
hoist personnel when stringent Paragraphs (d) Safety Devices and (e) on travel bogies. The rail clamps that are
requirements to ensure safety are Operational Aids required by this paragraph enable the
followed, including the requirement These paragraphs set out the safety bogies to be clamped to the rail to
that the lift not exceed 50% of the devices and operational aids that are
prevent the crane from lifting off the

equipments rated capacity. OSHA is required on tower cranes. Sections rail.
not requiring that all rigging used in 1926.1415 and 1926.1416, which Paragraph (d)(2)(v) requires integrally
climbing a tower crane meet this require safety devices and operational mounted check valves on all load
requirement because it does not aids on other types of cranes, are not supporting hydraulic cylinders. A check
determine that workers should be, or applicable to tower cranes. Instead, valve permits fluid to flow in one
commonly are, hoisted while on the 1926.1435(d) and (e) apply. Although direction only. When installed on load
climbing frame. some of the safety devices and supporting hydraulic cylinders, such as
the cylinders used to climb the crane, hydraulic system pressure limiting performs the same function would not
they protect against the loss of load device required by 1926.1435(d)(2)(vi), be considered a modification subject to
support in the event of a hydraulic the brakes required by 1926.1434, i.e., it would not need to be
pressure failure by preventing the 1926.1435(d)(2)(vii), and the deadman approved by the manufacturer or a
reverse flow of the hydraulic fluid control required by registered professional engineer. (See
supporting the cylinder. 1926.1435(d)(2)(viii), should be listed the discussion above regarding
Paragraph (d)(2)(vi) requires a as design features rather than safety 1926.1416 for an explanation of the
hydraulic system pressure limiting devices because they cannot be checked Committees rationale for this approach
device. every shift, as safety devices must under to operational aids.)
A pressure limiting device, such as a 1926.1412(d)(1)(xiv). (ID0180.1; Three of the operational aids
relief valve, would prevent the pressure 0205.1; 0213.1.) OSHA declines to discussed below are required on tower
in a hydraulic system from exceeding its adopt this suggestion because it agrees cranes manufactured more than one
design limit, which can cause the with CDACs determination that these year after the effective date of the
system to fail. devices must be working properly for standard. The remainder are required on
Paragraph (d)(2)(vii) requires the the crane to operate safely, and they all cranes. It was CDACs
following brakes, which must therefore need to be listed as safety understanding that the three aids not
automatically set in the event of devices under the standard. Moreover, required on existing cranes represent
pressure loss or power failure: A hoist the commenters who said these devices technology only recently available to the
brake on all hoists; a swing brake; a cannot be checked every shift did not industry, while the aids that are
trolley brake; and a rail travel brake. explain why they believed this was so, required on all cranes have routinely
These types of brakes are needed to and CDACs inclusion of them as safety been used in the industry for some time.
enable the motion of the crane and load devices shows that CDAC determined Paragraph (e)(5) requires the Category
to be controlled safely. Under this that checking these devices for proper I operational aids discussed below and
paragraph, they must set automatically operation, as 1926.1412(d)(1)(xiv) specifies the alternative measures that
to avoid uncontrolled movement of the requires, is feasible.133 would have to be followed if they are
crane or load in the event of pressure Operational aids: Like 1926.1416 for not working properly. If these
loss or power failure that prevents their other equipment, 1926.1435(e) divides operational aids are not working
operation. operational aids for tower cranes into properly, they must be repaired no later
Paragraph (d)(2)(viii) requires a Category I aids and Category II aids, than 7 days after the deficiency occurs.
deadman control or forced neutral with the two categories differing in the However, if the employer documents
return control (hand) levers. These amount of time that temporary that it has ordered the necessary parts
devices ensure that the crane does not alternative measures can be used until within 7 days of the occurrence of the
move unless the movement is being the aids are repaired. For Category I aids deficiency, the repair must be
controlled by the operator. In the case that period is seven days, and for completed within 7 days of receipt of
of a deadman control, the motion being Category II it is 30 days. Also like the parts.
controlled, such as hoisting or 1926.1416, if a required part is ordered OSHA noted in the proposed rule
trolleying, ceases when the operator within seven days of the occurrence of preamble that the term days could
releases the control. Forced neutral the deficiency and not received in time mean either business days or calendar
return control levers automatically to complete the repair in seven and days. For the reasons outlined in the
return to the neutral position when they thirty days, respectively, the employer discussion of 1926.1416 above, in the
are released. would have seven days from receiving final rule OSHA has changed days to
Paragraph (d)(2)(ix) requires an the part to complete the repair. The calendar days to reflect the
emergency stop switch at the operators rationale for these time periods is Committees intent.
station. This safety device is needed to discussed under 1926.1416. For Paragraph (e)(5)(i) requires trolley
enable the operator to immediately stop travel limiting devices. These devices
purposes of clarification, the Agency
all crane functions in the event of an are required at both ends of the jib to
has added a reference to
emergency. prevent the trolley from running into
1926.1435(e)(3) noting that the
Paragraph (d)(2)(x) requires trolley the end stops. If the trolley were to run
requirements of 1926.1417(j) are
end stops as safety devices because into an end stop, injuries or fatalities
applicable. See further discussion at
trolley travel limiting devices, which are could result in a variety of ways. For
1926.1417(j).
required by 1926.1435(e)(5)(i), will not Section 1926.1435(e)(4) specifies that example, the sudden stopping of the
work without trolley end stops. operational aids must work properly trolley at the outward end stop could
Paragraph (d)(3) requires that all of during operations and, if an aid stops cause the load to swing significantly
the safety devices listed in working, the operator is required to past the cranes maximum working
1926.1435(d)(2) be in proper working safely stop operations until the aid is radius, causing a collapse. Another
order for the crane to be operated. working properly again or until the example is where the load swing from
Where a device stops working properly temporary alternative measures the sudden stopping of the trolley could
during operations, the operator would specified in this section are cause the load to fall and strike
have to safely stop operations, and implemented. Where a replacement part employees.
operations are prohibited from resuming If this operational aid were not
for an operational aid is not available,
until the device is once again in proper working properly, the employer would
the substitution of a device that
have to use one of two temporary
working order. In the final rule, OSHA

is adding text and a cross-reference to 133 The three commenters included one CDAC alternative measures: (A) Mark the
1926.1417 to make it clear that the member and two organizations that nominated trolley rope so it can be seen by the
equipment must be taken out of service, members who served on CDAC. As discussed operator at a point that will give the
and tagged as such, when a safety above, OSHA gives reduces weight to comments operator sufficient time to stop the
offered by CDAC members and organizations that
device is not operational. nominated CDAC members when those comments
trolley prior to the end stops, or (B) use
Three commenters stated that several oppose the position those members took in CDAC a spotter who is in direct
of the proposed safety devicesthe deliberations. communication with the operator when
operations are conducted within 10 feet damage from contact between the load that the measurements be from a source
of either end of the travel rail end stops; block, overhaul ball, or similar typically relied on in the industry.
the spotter must inform the operator of component, and the boom tip (or fixed Paragraph (e)(5)(vi) requires a hoist
the distance of the travel bogies from the upper block or similar component). line pull limiting device so that the load
end stops or buffers. Where the operational aid is not applied to the hoist drum will not
Proposed 1926.1435(e)(5)(i)(B) did working properly, the employer has the exceed the hoists capacity. If the hoist
not explicitly require the spotter to be option of clearly marking the cable at a is equipped with a multiple speed hoist
in direct communication with the point that would give the operator transmission, the device would have to
operator. The Agency proposed adding sufficient time to stop the hoist to limit the hoists lifting capacity in each
this language as necessary to make the prevent two-blocking, or use a spotter individual gear ratio. If the hoist line
provision work effectively and as the who is in direct communication with pull were to exceed the hoists capacity,
Committee intended and requested the operator to inform the operator the hoist could fail and unspool the
public comment on whether to add when this point is reached. (See the line, causing the load to drop suddenly.
specific language to that effect. Five discussion of the need for this type of The temporary alternative measure for
commenters supported the addition of device, and rationale for including it as this operational aid is that the operator
an explicit requirement that the spotter an operational aid, above with respect to ensure that the weight of the load does
be in direct communication with the 1926.1416(d)(3)). not exceed the capacity of the hoist,
operator; no commenters opposed the Paragraph (e)(5)(iv) requires a hoist taking into account each individual gear
change. (ID0069.1; 0156.1; 0180.1; drum lower limiting device. This ratio if the crane is equipped with a
0205.1; 0213.1.) OSHA has amended paragraph requires that tower cranes multiple speed hoist transmission. For
1926.1435(e)(5)(i)(B) accordingly. manufactured more than one year after example, this could be done by the
A similar change has been made to the effective date of this standard be operator checking the hoist capacity in
1926.1435(e)(5)(ii), (e)(5)(iii), equipped with a device that prevents the equipment manual and verifying
(e)(5)(iv), and (e)(5)(vii) discussed the last two wraps of hoist cable from that the load will not exceed that
below, which also provide for the use of being spooled off the drum. Such a capacity.
a spotter as a temporary alternative Paragraph (e)(5)(vii) requires a rail
device prevents the entire rope from
measure when certain operational aids travel limiting device in each direction
being spooled off the drum, which can
are not functioning. to prevent the travel bogies from
cause the rope to separate (and the load
In addition, one commenter suggested running into the end stops or buffers. As
to fall) from the drum due to the shock noted above, rail stops that keep the
there should be visual acuity
requirements for spotters. (ID0069.1.) from the load suddenly stopping. crane from overshooting the section of
For the reasons discussed earlier under Paragraph (e)(5)(v) requires a load rail within which it is supposed to
1926.1408(b)(4)(ii), OSHA is not moment limiting device. Load moment operate is one of the safety devices
specifying such a requirement in this (or rated capacity) limiter is defined in required for tower cranes that travel on
rule. 1926.1401. This type of device detects rails. A rail travel limiting device is a
Paragraph (e)(5)(ii) requires a boom and prevents a potential overload device that limits the cranes travel to
hoist limiting device. As defined in condition which could cause the load to keep a travel bogie from running into a
1926.1401, the word boom used in fall, the crane to collapse or other failure rail stop. CDAC determined that rail
reference to tower cranes refers to a of the crane. stops should not be the exclusive means
luffing boom. Therefore, under this Where the load moment limiting of ensuring that the crane stays within
paragraph, a boom hoist limiting device device is not in proper working its intended limits because the travel
would only be required on cranes with condition, two types of measures are bogie could jump the tracks if it were to
luffing booms. A boom hoist limiting required. The first type of measure is strike the rail stops at a high enough
device automatically prevents the boom designed to ensure that the operator speed. The temporary alternative to a
hoist from pulling the boom past the determines the radius. If the crane is rail travel limiting device that is not in
minimum allowable radius (maximum equipped with a radius indicating proper working order is to use a spotter
boom angle), which can result in boom device, it is required to be used. If the who is in direct communication with
failure (see the discussion above of crane is not so equipped, the radius is the operator when operations are
boom hoist limiting device with respect required to be measured (such as with conducted within 10 feet of either end
to 1926.1416(d)(1)). The temporary a tape measure) to ensure that the load of the travel rail end stops; the spotter
alternative measures for this operational is within the rated capacity of the crane. must inform the operator of the distance
aid are similar to the ones for the trolley The second type of measure is of the travel bogies from the end stops
travel limiting device and the boom designed to ensure that the operator or buffers.
hoist limiting device in accurately determines the weight of the Proposed paragraph (e)(5)(viii)
1926.1416(d)(1): the employer has the load. The load weight is required to be required the boom hoist drum to be
option of clearly marking the cable at a determined from a source recognized by equipped with a device that would
point that would give the operator the industry (such as the loads positively lock the boom hoist drum.
sufficient time to stop the boom hoist manufacturer), or by a calculation One example of such a device is a
within the minimum and maximum method recognized by the industry ratchet and pawl mechanism. The
boom radius or use a spotter who is in (such as calculating a steel beam from purpose of the device is to prevent the
direct communication with the operator measured dimensions and a known per boom hoist (and therefore the load as
foot weight). This information must be
to inform the operator when this point well) from inadvertently lowering. The
is reached. provided to the operator prior to the lift. temporary alternative measure that was
Paragraph (e)(5)(iii) requires an anti The proposed rule had provided for proposed was to require the device to be
two-blocking device. This is comparable calculations based on a reliable source set manually if an electric, hydraulic, or
to the requirement for anti two-blocking or calculation method, or by other automatic device is not working.
devices for other cranes required by equally reliable means. To avoid In the proposed rule, OSHA noted
1926.1416. This operational aid is potentially subjective interpretations of that the temporary alternative proposed
required on tower cranes to prevent reliable, OSHA is instead requiring in paragraph (e)(5)(viii) addressed the
situation where the mechanism to properly, they must be repaired no later automatically but do not assist the
automatically set the locking device was than 30 days after the deficiency occurs. operator in carrying out this function.
malfunctioning but did not address the However, if the employer documents Because the temporary alternatives
situation where the locking device itself that it has ordered the necessary parts specified in the proposed rule did not
was not working properly. The Agency within 7 days of the occurrence of the meet the usual criteria for temporary
requested public comment on whether deficiency, and the part is not received alternative measures, the Agency
this provision should include a in time to complete the repair in 30 requested public comment on whether
temporary measure that would be days, the repair must be completed there are any alternative measures that
required if the positive locking device is within 7 days of receipt of the parts. As could be used to assist the operators if
not working properly (regardless of noted above, the word days in the these deceleration devices malfunction.
whether it is attempted to be set proposed rule has been changed to Four commenters stated there are no
automatically or manually) and, if so, calendar days in the final rule. temporary alternative measures for these
what temporary measure is available in Paragraph (e)(6)(i) requires a boom devices. (ID0172.1; 0180.1; 0205.1;
such a situation. angle or hook radius indicator as 0213.1.) No commenters suggested that
Several commenters responded that specified in 1926.1435(e)(6)(i)(A) and there are available measures.
boom hoist drum should have either a (B). Under these provisions, luffing As neither CDAC nor public
positive locking device, an integrally boom tower cranes are required to have commenters have been able to identify
mounted holding device, a secondary a boom angle indicator readable from appropriate temporary alternative
braking device, or an internal static the operators station. Hammerhead measures, OSHA has considered
brake to prevent boom hoist movement tower cranes manufactured more than whether to continue to characterize
in the event of hydraulic or main brake one year after the effective date of this these devices as operational aids or to
failure. (ID 0180.1; 0205.1; 0213.1.) standard are required to have a hook treat them as safety devices and prohibit
According to these commenters, any of radius indicator readable from the operation of the equipment unless they
these devices would prevent the boom operators station. These devices are are working properly. OSHA has also
hoist drum from spinning freely and needed because the information they considered whether to retain them as
allowing the boom to free fall in the provide is necessary for the operator to Category II operational aids, which must
event the main boom hoist brake determine the cranes capacity under its be repaired within 30 days, or to change
(required by 1926.1435(d)(vii)(A)) load chart. As with the similar devices them to Category I operational aids,
fails. required under 1926.1416, the which must be repaired within 7 days.
OSHA concludes that any of the temporary alternative is to measure the OSHA has decided to retain them as
devices mentioned by these boom angle or hook radius with a Category II operational aids but to
commenters, if working properly, would measuring device modify the temporary alternative from
comply with this provision. However, ( 1926.1435(e)(6)(i)(C)). that in the proposed rule to ensure that
the commenters did not address the Section 1926.1435(e)(6)(ii) requires the operator is able to operate the crane
question posed in the proposal as to tower cranes to have a trolley travel safely even if a deceleration device is
whether there is a temporary measure deceleration device that would not working.
that should be required if the device is automatically reduce the trolley speed As noted above, the proposed rule
not working properly. If the drum was, before the trolley reaches the end limit specified as a temporary alternative
for example, equipped with a ratchet in both directions. Section measure that the operator reduce speed
and pawl locking device, the record 1926.1435(e)(6)(iii) requires tower when approaching a limit (such as a
does not show that it would be practical cranes to have a boom hoist deceleration trolleys end limit) if a deceleration
to install another type of device in the device, which would automatically device is not working properly. In fact,
event the ratchet and pawl device is not reduce the boom speed before a luffing reducing the speed near a limit is a
working properly. boom reaches the minimum or work practice that crane operators
Upon further reviewing proposed maximum radius limit. Section generally follow even if the deceleration
paragraph (e)(5)(viii), OSHA determines 1926.1435(e)(6)(iv) requires tower devices are working properly because
it was CDACs intent to require a cranes to have a load hoist deceleration serious damage, such as the load falling,
positive locking mechanism that could device, which would automatically can result if a deceleration device
be set from a control at the operators limit the load speed before the load should fail suddenly while the
station and to require, as a temporary hoist reaches the upper limit. In the component is moving too fast at the end
alternative measure if the control is not proposed rule, the temporary alternative of its travel. The deceleration devices
working, that the device be set measure for each of these operational serve as backup devices that slow down
manually. Moreover, OSHA concludes aids was for the operator to reduce the the components in the event the
that such an alternative would provide speed when approaching the limits. operator fails to do so properly, but
an adequate temporary alternative. Such In specifying temporary alternative operator control is the primary means of
a device would be analogous to the measures generally for operational aids, slowing the trolley, boom hoist, and
parking brake of a car, which can CDAC sought to identify some measure load hoist before they reach the end of
normally be actuated from the drivers in each instance that would assist the their travel.
seat but, in the event that control fails, operator in performing the necessary As noted above, OSHA is retaining C
the car can be kept from moving by task (in this case, slowing the action of DACs characterization of these
chocking the wheels. To express this a crane component before it reaches a deceleration devices as Category II
limiting point). However, in the case of operational aids. CDAC determined
intent more clearly, OSHA is modifying

paragraph (e)(5)(viii) accordingly. these deceleration devices, the that the crane could be operated safely
Paragraph (e)(6) requires the category Committee was unable to identify or if the deceleration devices were
II operational aids discussed below and develop that type of alternative malfunctioning as long as the operator
specifies the alternative measures that measure. The temporary alternatives follows the normal practice of manually
would have to be followed if they are listed in the proposed rule instruct the slowing the trolley, boom hoist, and
not working properly. If these operator to do manually what the load hoist when they are near the end
operational aids are not working operational aids are supposed to do of their travel. No commenter or witness
suggested that a different This could be either a separate device or the post-erection and monthly
characterization was proper. one that is part of the load moment inspections for tower cranes beyond
To address operations when the limiting device (discussed above) that those required under 1926.1412.
deceleration device is malfunctioning, displays magnitude of the load on the OSHA received no comments objecting
OSHA is requiring the employer to hook. By informing the operator of the to those requirements but did receive
make sure that the operator is aware of weight of the load, this device helps the comments suggesting that a pre-erection
the malfunctioning deceleration device operator ensure that the crane is inspection should be required and
and of the need to take extra care when operated within its rated capacity. The recommending that additional items be
the component is near the end of its temporary alternative is for the weight included in the monthly inspection.
travel, instead of requiring the of the load to be determined from a OSHA will first address the pre-erection
temporary alternative measures listed in source recognized by the industry (such inspection issue.
the proposed rule. OSHA is therefore as the loads manufacturer), by a Two commenters and witnesses at the
specifying, in the final rule, that as a calculation method recognized by the hearing urged OSHA to add a
temporary alternative measure for each industry (such as calculating the weight requirement for a pre-erection
deceleration device, the employer must a steel beam from measured dimensions inspection of the cranes component
post a notice in the cab of the crane and a known per foot weight), or by parts. (ID0182.1; 0199.1.) One of the
notifying the operator that the device in other equally reliable means. This commenters reasoned that a thorough
question is malfunctioning and information must be provided to the inspection of a tower cranes component
instructing the operator to reduce speed operator prior to the lift. The proposed parts is more difficult once the crane is
when approaching a limit rule had provided that the weight of the erected because the inspector would
corresponding to the malfunctioning load and calculations be based on a have to be jacked or hoisted into place
device. OSHA concludes that an reliable source. To avoid the and access to the parts would be more
operator who knows that the potentially subjective interpretations of restricted. (ID0199.1.) A witness
deceleration device is not working reliable, OSHA is instead requiring in testified that shift inspections are not
properly will take the extra care needed the final rule that these be from a source adequate to detect damage from
to ensure that the component is moving typically relied on in the industry. previous use, dismantling, handling, or
at a safe speed. OSHA modified One commenter believed that most of shipping, and such damage could
paragraphs (e)(6)(ii)(iv) in the final the operational aids listed in this remain undetected until the next
rule accordingly. section are so vital to safe operation that comprehensive inspection unless a pre-
Paragraph (e)(6)(v) requires tower the crane should not be operated if they erection inspection is conducted. (ID
cranes to have a device that displays the are not functioning properly. (ID 0341.)
wind speed, mounted above the upper 0172.1.) In effect, this commenter would Several witnesses who use tower
rotating structure. On self erecting tower convert these devices from operational cranes also testified in favor of pre-
cranes, which typically rotate at the aids to safety devices. This commenter erection inspections and said that they
tower base and do not have an upper also believed the time period for other routinely conduct such inspections.
rotating superstructure, it would have operational aids to be repaired should (ID0344.) For example, a representative
to be mounted at or above the jib level be shortened. from a steel erection contractor and
to be in a position to give a useful It was CDACs considered judgment crane vendor was asked by a public
reading. The temporary alternative that safety would not be compromised participant if there is a benefit to require
measure is for the wind speed to be if the employer follows the temporary a pre-erection inspection of all
obtained from a properly functioning alternative measures specified for the component parts by a qualified person.
device on another tower crane on the various operational aids and that the In response, he testified that a pre-
same site or to be estimated by a time periods for getting malfunctioning erection inspection is done routinely
qualified person. devices repaired was reasonable. This anyway because his company is
One commenter suggested that commenter has offered no basis for required to inspect the crane
paragraph (e)(6)(v) be modified to make OSHA to override CDACs judgment on components before erection to make
it clear that the qualified person these issues. sure the components were not damaged
performing the estimate of the wind during shipping. (ID0344.)
speed must be located at the same Paragraph (f) Inspections In addition, one commenter noted
height as the operator of the crane. (ID Proposed paragraph (f)(1) of this that ASME B30.3 (2003), Construction
0199.1.) OSHA does not determine such section did not state that 1926.1413 Tower Cranes, includes a provision on
a change is needed. First, the operators (Wire ropeinspection) applies to pre-erection inspections, which suggests
station is not always at the level of the tower cranes. OSHA notes that the wire that such inspections are routinely
jib; in some cranes the operator cab is rope inspections required under conducted in the industry. (ID0405.1.)
well below the jib, and in others the 1926.1413 must also be conducted for The ASME B30.3 provision reads:
operator may even be at ground level. tower cranes and determines it is useful 31.1.2(g). Before crane components are
Second, a qualified person is expected to reference all tower crane inspection erected, they shall be visually inspected for
to use his or her judgment and expertise requirements in 1926.1435(f). damage from shipping and handling. Dented,
to perform numerous functions Therefore, OSHA modified bent, torn, gouged, or otherwise damaged
throughout this rule, and OSHA 1926.1435(f)(1) of the final rule to structural members shall not be erected until
concludes that the qualified person at specify that 1926.1413 applies to tower repaired in accordance with the
manufacturers or a qualified persons
the site is best able to determine how cranes.

best to estimate the wind speed if called Under paragraph (f)(1), the post- instructions, or replaced.
upon to do so under this paragraph. erection, shift, monthly, and annual Although the record contains
Section 1926.1435(e)(6)(vi) requires inspections required under substantial support for pre-erection
tower cranes manufactured more than 1926.1412 and 1926.1413 must be inspections, it also reflects different
one year after the effective date of this conducted for tower cranes. views regarding the appropriate scope of
standard to have a device that displays Proposed paragraphs (f)(2) and (f)(3) such an inspection. One commenter
the magnitude of the load on the hook. specified additional requirements for recommended an inspection of the
tower cranes component parts. (ID The shift, monthly, and annual Proposed paragraph (f)(3) required
0182.1.) As noted above, the ASME inspections required under 1926.1412 that additional items be included in the
B30.3 standard similarly refers to crane leave it up to the individual conducting monthly inspections of tower cranes.
components. Another commenter listed the inspection to determine if a These include tower (mast) bolts and
the turntable, jib, and boom as items to deficiency revealed by an inspection other structural bolts (for loose or
be inspected. (ID0199.1.) One witness constitutes a safety hazard that requires dislodged condition) from the base of
at the hearing stated that the pre- either immediate correction or further the tower up or, if the crane is tied to
erection inspection should include the scrutiny. In particular, or braced by the structure, those above
tower, turntable, jib, counterjib, 1926.1412(f)(4)(6) on annual the upper-most brace support
machinery, masts, boom, and pendants. inspections require the qualified person ( 1926.1435(f)(3)(i)). The monthly
(ID0341.) However, the organization who conducts the inspection to inspection must also include the upper-
represented by that witness submitted a determine whether a deficiency is a most tie-in, braces, floor supports, and
considerably longer list of items it safety hazard that requires immediate floor wedges where the tower crane is
believed should be inspected. (ID correction or whether it is not yet a supported by the structure
0333.) Another witness favored pre- safety hazard but is of sufficient concern ( 1926.1435(f)(3)(i)), for loose or
erection inspections of major to be monitored in the monthly dislodged components.
components but could not offer a more inspections. One commenters suggestion
specific definition than components OSHA determines that a similar addressed the suitability of the bolts
that, if they failed, would have a approach is appropriate here because a used to erect the tower and to support
catastrophic result. (ID0344.) deficiency revealed in a pre-erection the turntable. (ID0172.1.) Although
In light of the record, OSHA inspection may be sufficiently serious OSHA agrees with the commenter that
concludes that pre-erection inspections that a component should not be used at these bolts serve an important safety
should be required for tower cranes, all, or it may not presently be a safety function, the commenter did not
with such inspections focused on hazard but may be a matter of concern provide any supporting information that
discovering defects that would be to the inspector so as to require periodic would enable OSHA to evaluate
difficult to detect during the shift scrutiny. Accordingly, paragraph whether the detailed requirements
inspections that will be conducted (f)(2)(ii) requires the qualified person proposed by the commenter are needed
regularly after the crane is put in who conducts the inspection to to improve tower crane safety. However,
service. By focusing the inspection on determine, before a component is OSHA does determine that the bolts
such components, the pre-erection erected, whether the component would should be included as components to be
create a safety hazard if used on the inspected and is adding paragraph (f)(5)
inspection will address the concern
crane. If so, the component cannot be requiring them to be inspected for
expressed by commenters that some
used unless it is repaired and upon re- proper condition and torque as part of
defects will be difficult to detect during
inspection is found not to constitute a the annual inspection.134
shift inspections after the crane is
A commenter suggested that the
erected. safety hazard.
upper rotation structure should undergo
OSHA is requiring the pre-erection Paragraph (f)(2)(iii) specifies that, if a special, thorough inspection before
inspection to be conducted by a the qualified person determines that, climbing. (ID0137.1.) This commenter
qualified person. The final rule though not presently a safety hazard, the did not state why it believed such an
requires that certain other inspections component needs to be monitored, the inspection was needed. Accordingly,
be conducted by a qualified person, employer must ensure that the OSHA has no basis in the record to
including the post-erection inspection component is checked in the monthly conclude that the additional inspection
required by 1926.1412(c) and the inspections. To ensure that any requested by this commenter would
annual/comprehensive inspection individual who conducts a monthly improve the safety of the climbing
required by 1926.1412(f). As discussed inspection knows that the component operation.
below, under the pre-erection must be monitored during that
inspection required by this final rule, inspection, paragraph (f)(2)(iii) requires Proposal for Tower Crane Tracking
the individual conducting the that any such determination be System
inspection must make decisions similar documented and the documentation A witness at the hearing suggested
to those that must be made during the made available to any person who that OSHA adopt a tracking system
annual/comprehensive inspection, i.e., conducts a monthly inspection. whereby any major part of a tower crane
deciding whether a deficiency would be Proposed paragraph (f)(2) specified that suffered a structural failure would
an immediate safety hazard or whether two additional post-erection inspection be able to be identified even if that part
it requires scrutiny during the monthly requirements in addition to those was moved to another jurisdiction. (ID
inspections. Since the pre-erection required under 1926.1412(c). It 0342.) The witness explained that the
inspection requires the same degree of required a load test using certified proposed system would require the
expertise as the annual/comprehensive weights, or scaled weights using a serial number of parts that failed to be
inspections, paragraph (f)(2) is similarly certified scale with a current certificate reported to the manufacturer so that
requiring the pre-erection inspection to of calibration, after each erection. It also localities such as New York City could
be conducted by a qualified person. specified that the load test be conducted contact the manufacturer to determine
Paragraph (f)(2)(i) requires the in accordance with the manufacturers whether a particular crane was safe to
qualified person to pay particular instructions, or if no instructions are
operate within that jurisdiction.135

attention to components that will be available, in accordance with written
difficult to inspect thoroughly during load test procedures developed by a 134 Accordingly, OSHA is promulgating proposed
shift inspections. As noted above, registered professional engineer. No paragraph (f)(3) but renumbering it as paragraph
inspection of such components was a adverse comment was received on these (f)(4).
135 This commenter also called for prototype
special concern of commenters who provisions, and proposed paragraph testing of tower cranes. (ID0156.1.) As explained
believed that pre-erection inspections (f)(2) is promulgated as proposed but in 1926.1433, OSHA has added such a
should be required. renumbered as paragraph (f)(3). requirement to 1926.1433(c).
OSHA is not promulgating shearleg, stiffleg, and variations of such Paragraph (b)(2)(iv) requires the size
requirements to implement the system equipment. and construction of rope to be included
proposed by this witness. Such a Paragraph (a) excludes the gin poles on the load chart or in the operating
scheme is complex, and appears to when used for the erection of manual. This requirement prevents
require the development of new tracking communication towers. This mirrors the hoisting accidents that might occur if a
systems and required reporting to exclusion of such equipment from the rope fails because it was the wrong size
manufacturers that might be beyond the scope of the standard under or construction for the load being lifted.
scope of OSHAs authority. It also goes 1926.1400(c)(12). See discussion of Paragraph (b)(3) of this section, Load
far beyond any provisions of the this exclusion in 1926.1400(c)(12). No chart location, sets forth the
proposed standard, and its adoption comments were received; therefore this requirement for the location of load
would require OSHA to reopen the provision is promulgated as proposed. charts. Section 1926.1436(b)(3)(i),
rulemaking record to allow other Permanent installations, requires
Paragraph (b) OperationProcedures
interested persons to comment on it. permanently installed derricks with
OSHA does not conclude that such a Paragraph (b)(1) of this section states fixed lengths of boom, guy, and mast, to
reopening is justified on the basis of the that 1926.1417 (Operation) of this have a load chart posted where it is
witnesss testimony. The Agency notes, standard applies to derricks except for visible to personnel responsible for the
however, that it is not preempting a 1926.1417(c) (Accessibility of operation of the equipment. Section
localitys authority to establish such a procedures). CDAC concluded and 1926.1436(b)(3)(ii), Non-permanent
scheme within its jurisdiction. (See OSHA agreed that it was appropriate to installations, requires derricks that are
discussion of preemption under keep the operation requirements for not permanently installed to have the
federalism in section V.D of this derricks consistent with those of cranes load chart readily available at the job
as much as possible because they both site to personnel responsible for the
preamble.)
present many of the same hazards and operation of the equipment. These
Section 1926.1436 Derricks operational issues. However, requirements ensure the critical
1926.1417(c) requires the operating information contained on these charts is
This section contains requirements for
procedures, including load charts, to be readily available on the worksite
derricks that supplement the other
located in the cab of the equipment enabling the calculation of the
requirements of this standard. Subpart
and derricks often do not have a cab. parameters for a safe lift. No comments
N, at former 1926.550(e), required
Therefore, it was not appropriate to were received for 1926.1436(b); it is
derricks to comply with applicable
require that 1926.1417(c) apply to promulgated as proposed.
provisions for design, construction,
derricks. The discussion of
installation, inspection, testing, Paragraph (c)Construction
1926.1436(b)(3) sets forth the
maintenance, and operation in ANSI Paragraph (c) of this section contains
requirements for the accessibility of the
B30.61969, safety code for Derricks, supplemental engineering and
load chart for derricks.
as well as the general provisions of Paragraph (b)(2) of this section, Load fabrication requirements that address
subpart N that applied to all equipment. chart contents, lists the information that hazards specific to derricks. Paragraph
CDACs experience, and its review of must be included on load charts. (c)(1), General requirements, lists
injury and fatality statistics, did not Subpart N incorporated similar load general construction requirements that
indicate a need to deviate significantly chart requirements via sec. 61.1.2 in apply to the use of all types of derricks.
from the requirements of subpart N. For ANSI B30.61969, which remains the These requirements are similar to sec.
the most part, the most recent version of same in the 2003 version of the 61.2.1 of ANSI B30.61969 and ASME
the ANSI standard, ASME B30.62003, consensus standard. B30.62003 and would help the
does not differ substantively from the Paragraph (b)(2)(i) requires the load employer prevent accidents caused by
1969 version, so the requirements of this chart contain the rated capacity at inadequate structural design and
new section differ substantively in only corresponding ranges of boom angle or fabrication.
limited respects from previous subpart operating radii. This information is Paragraph (c)(1)(i) states that derricks
N. Where substantive differences exist, necessary to prevent overloading of the must be constructed to meet all stresses
they are discussed in the context of that derrick. imposed on members and components
requirement. Paragraph (b)(2)(ii) requires the load when installed and operated in
chart to list the specific lengths of accordance with the manufacturers/
Paragraph (a)
components to which the rated builders procedures and within its
Section 1926.1436 contains capacities apply. This information is rated capacity. Builder is defined in
supplemental requirements for derricks, necessary because the derricks load 1926.1401 as the builder/constructor
whether temporarily or permanently capacity varies with different of equipment. This definition
mounted; all sections of this subpart component lengths. distinguishes a builder of equipment
apply to derricks unless specified Paragraph (b)(2)(iii) requires the load (a derrick that is erected at the worksite
otherwise. Section 1926.1436(a) defines chart to list required parts for hoist by an employer) from a manufacturer,
a derrick as powered equipment reeving. By listing the reeving parts who sells products that may be used at
consisting of a mast or equivalent considered during the tabulation of any worksite. Section 1926.1436(c)(1)(i)
member that is held at or near the end available load charts, the derrick uses the word builder in addition to
by guys or braces, with or without a operator can determine if available load manufacturer because it will often be
boom, and its hoisting mechanism. The charts are applicable to the the builders procedures, rather than the
mast/equivalent member and/or the configuration of the derrick at the work manufacturers, that must be followed to
load is moved by the hoisting site. As with paragraphs (b)(2)(i) and ensure that derricks are constructed
mechanism (typically base-mounted) (ii), meeting the requirement of properly. In the proposed rule, the
and operating ropes. Derricks include: paragraph (b)(2)(iii) will help prevent definition of builder included the word
A-frame, basket, breast, Chicago boom, accidents that could occur as a result of employer. Upon review of the definition
gin pole (except gin poles used for errors in determining the equipments proposed, OSHA determines that the
erection of communication towers), guy, rated capacity. word employer did not enhance the
definition and could possibly lead to These provisions are substantially In the proposed rule, 1926.1436(c)
confusion. Therefore, OSHA has different from requirements in the and 1926.1436(d) both contained
modified the definition in the final rule. relevant ANSI/ASME standards. The requirements related to guy derricks.
Paragraph (c)(1)(ii) specifies that the corresponding ANSI/ASME provisions OSHA asked for public comment as to
welding of load sustaining members are sec. 61.2.2 of ANSI B30.61969 and whether having specifications for guy
must conform to recommended ASME B30.62003. The ANSI/ASME derricks in both paragraphs (c) and (d)
practices in ANSI/AWS D14.394 or standards require the derrick of this section could lead to confusion
AWS D1.1/D1.1M:2002. This is similar manufacturer to furnish complete or impede compliance with its
to sec. 61.2.1(b) of ASME B30.62003 information recommending the guy provisions. Several commenters
which relies on newer welding specifications listed in believed that the two sets of proposed
standards than ANSI B30.61969. 1926.1436(c)(2)(ii) and (c)(2)(iii).136 requirements for guy derricks should be
Paragraph (c)(1)(ii) will prevent The OSHA standard, by contrast, combined. (ID0180.1; 0205.1;
structural failures when the derrick is imposes an obligation on derrick users 0213.1.) However, the commenters did
used within its rated capacity. to possess the necessary information. No not offer an explanation for how this
One commenter wanted the comments were received on this would prevent confusion or enhance
referenced consensus standards to be deviation from the consensus standard compliance. Upon consideration, OSHA
included as an appendix for ease of and OSHA has deferred to CDACs disagrees with the commenters and
compliance. (ID0214.1.) Including all judgment that it is better to place this therefore, requirements for guy derricks
the consensus standards relevant to this responsibility on the derrick user rather will be found in both paragraphs (c) and
final rule would make the regulatory than the manufacturer. (d) of this section, just as in the
text or an appendix cumbersome. Paragraphs (c)(2)(ii) and (c)(2)(iii) proposed rule.
Moreover, OSHA determines that have been revised from the proposal. As Paragraph (c)(3), Stiffleg derricks,
employers using this equipment are proposed, these paragraphs simply provides additional requirements
likely to have ready access to the required the employer to have the listed specific to stiffleg derricks to help
pertinent standards referenced in pieces of information before using the ensure their safe use. These
paragraph (c)(1)(ii). For these reasons, guy derrick. OSHA requested comments requirements which have not been
OSHA is not adding the full text of on whether the standard should require changed from the proposal are similar to
referenced consensus standards to the guy specifications to be developed by a those in secs. 61.2.2(c) and (d) of ANSI
regulatory text or an appendix. This qualified person if they are not available B30.61969 and ASME B30.62003.
paragraph is promulgated as proposed. from the manufacturer. Several Paragraph (c)(3)(i) requires the mast to
comments were received supporting the be supported in the vertical position by
Paragraph (c)(2) of this section, Guy
proposed revision. (ID0180.1; 0205.1; at least two stifflegs; one end of each
derricks, lists the additional
0213.1.) No comments were received must be connected to the top of the mast
requirements applicable to the
that opposed this proposed revision. In and the other end securely anchored.
construction of guy derricks. (See the
the final rule the regulatory text in both Paragraph (c)(3)(ii) specifies that
preamble to the proposed rule for a
paragraphs has been updated to clarify stifflegs must be capable of
short description of guy derricks, 73 FR
that the required information must come withstanding the loads imposed at any
59853, Oct. 9, 2008.) from the manufacturer or from a point of operation within the rated load
Paragraph (c)(2)(i) specifies the qualified person when that information chart range.
minimum number of guys to be six, is not available from a manufacturer. Paragraph (c)(3)(iii) specifies that the
with equal spacing, except where a Paragraph (c)(2)(iv) states that the mast base must: (A) permit the mast to
qualified person or derrick mast base must permit the mast to rotate rotate freely (when necessary); and (B)
manufacturer approves variations from freely with allowance for slight tilting of permit deflection of the mast without
these requirements and revises the rated the mast caused by guy slack. No binding.
capacity to compensate for such comments were received for this Paragraph (c)(3)(iv) states that the
variations. This requirement is provision; it is promulgated as mast must be prevented from lifting out
comparable to sec. 61.2.2 of ANSI proposed. of its socket when the mast is in tension.
B30.61969 and ASME B30.62003. Paragraph (c)(2)(v) requires that the Paragraph (c)(3)(v) requires the stiffleg
This paragraph is adopted as proposed. mast cap must: (A) permit the mast to connecting member at the top of the
Paragraph (c)(2)(ii) states that guy rotate freely; (B) withstand tilting and mast to: (A) permit the mast to rotate
derricks must not be used unless the cramping caused by the guy loads; (C) freely (when necessary); (B) withstand
employer has the following guy be secured to the mast to prevent the loads imposed by the action of the
information from a manufacturer or disengagement during erection; and (D) stifflegs; and (C) be secured so as to
from a qualified person when not be provided with means for attaching oppose separating forces.
available from the manufacturer: (A) guy ropes. Paragraphs (c)(2)(iv) and (v) OSHA requested public comment on
The number of guys; (B) the spacing track similar provisions in secs. 6 whether the provisions in paragraphs
around the mast; and (C) the size, grade, 1.2.2(c) and (d) of ANSI B30.61969 and (c)(3) and (d)(3), which both contained
and construction of rope to be used for ASME B30.62003. No comments were requirements for stiffleg derricks,
each guy. Paragraph (c)(2)(iii) requires received on (c)(2)(v); it is promulgated needed to be changed or modified to
that for guy derricks manufactured after as proposed avoid potential confusion. As discussed
December 18, 1970, in addition to the Additional installation requirements above, with respect to the requirements
information required by for guy derricks that are specific to the
for guy derricks in both paragraphs (c)

1926.1436(c)(2)(ii), the employer must anchoring of its guys are addressed in and (d), OSHA has decided to adhere to
have the following guy information from 1926.1436(d). the proposal; requirements for stiffleg
a manufacturer or from a qualified derricks will be found in both
136 The 1969 version of the ANSI standard does
person when not available from the paragraphs (c) and (d) of this section.
not include the pieces of information described in
manufacturer: (A) The amount of initial 1926.1436(c)(2)(iii), but later versions of the B30.6
Paragraph (c)(4) of this section, Gin
sag or tension; and (B) the amount of standard, including the 2003 version, list those pole derricks, contains additional
tension in guy line rope at anchor. items. requirements specific to gin pole
derricks to help ensure their safe use. develop such data.137 No comments confusion will result in their industry
Similar requirements are found in sec. were received for this provision; it is from the use of the term Base-Mounted
61.2.4 of ASME B30.62003. No promulgated as proposed. Drum Hoists, in this context. (ID
comments were received for paragraph Paragraph (d)(2) of this section, Guy 0130.1.) Hoists used are not limited to
(c)(4); it is promulgated as proposed. derricks, lists additional requirements, the base-mounted type. The commenter
Under paragraph (c)(4)(i), guy lines for anchoring and guying, that are requested that the regulatory text of
must be sized and spaced so as to make specific to the use of guy derricks. These 1926.1436(e)(2) be revised to replace
the gin pole stable in both boomed and provisions are similar to sec. 61.4.1 of the words base mounted drum hoists
vertical positions. If the size and/or ANSI B30.61969 and ASME B30.6 with the word hoist to eliminate
spacing of guy lines does not result in 2003. Under paragraph (d)(2)(i) the mast ambiguity.
the gin pole being stable in both boomed based must be anchored. Paragraph OSHA determines that it is
and vertical positions, the employer (d)(2)(ii) provides that the guys must be appropriate to revise 1926.1436(e)(2)
must ensure that the derrick is not used secured to the ground or another firm to replace the reference to base-
in an unstable position. anchorage. And under paragraph mounted drum hoist with the term
(d)(2)(iii) the anchorage and guying hoist. This revision recognizes that
Paragraph (c)(4)(ii) requires that the must be designed to withstand
base of the gin pole permit movement of there may be designs of hoists, other
maximum horizontal and vertical forces than base-mounted drum, that are used
the pole (when necessary). encountered when operating within with derricks.
Under paragraph (c)(4)(iii), the gin rated capacity with the particular guy Additionally, the commenter
pole must be anchored at the base slope and spacing specified for the suggested that 1926.553 be revised in
against horizontal forces (when such application. No comments were conjunction with this final rule. (ID
forces are present). received for paragraph (d)(2); it is 0130.1.) See discussion in the preamble
Paragraph (c)(5) of this section, promulgated as proposed. explanation of the amendment to
Chicago boom derricks, states that the Paragraph (d)(3) of this section, subpart M.
fittings for stepping the boom and for Stiffleg derricks, lists anchoring and
Paragraphs (e)(2)(i)(A) through (D)
attaching the topping lift must be guying requirements that are specific to
require base-mounted drum hoists to
arranged to: (i) Permit the derrick to the use of stiffleg derricks. This
meet requirements in specified sections
swing at all permitted operating radii paragraph is similar to sec. 61.4.2 in
of ASME B30.72001. Paragraph (e)(2)(i)
and mounting heights between fittings; ANSI B30.61969 and ASME B30.6
does not apply to other types of hoists.
(ii) accommodate attachment to the 2003.
Under paragraph (d)(3)(i) the mast No comments were received on these
upright member of the host structure; provisions and the provisions are
(iii) withstand the forces applied when base and stifflegs must be anchored.
Additionally, (d)(3)(ii) provides that the adopted as proposed.
configured and operated in accordance Paragraph (e)(2)(ii), Load tests for new
with the manufacturers/builders mast base and stifflegs must be designed
to withstand maximum horizontal and hoists, outlines the requirements for
procedures and within its rated load testing new hoists used with a
capacity; and (iv) prevent the boom or vertical forces encountered when
operating within rated capacity with the derrick. The employer must ensure that
topping lift from lifting out under new hoists are load tested to a minimum
tensile forces. Similar requirements, particular stiffleg spacing and slope
specified for the application. Paragraph of 110% of rated capacity, but not more
which will help ensure that such than 125% of rated capacity, unless
derricks are used safely, are found in (d)(3) had no comments and is
promulgated as proposed. otherwise recommended by the
sec. 61.2.5 of ASME B30.62003. No manufacturer. This requirement is met
comments were received for paragraph Paragraph (e) Swingers and Hoists where the manufacturer has conducted
(c)(5); it is promulgated as proposed. this testing. ASME B30.72001, in
Paragraph (e) of this section lists
Paragraph (d) Anchoring and Guying requirements for swinger mechanisms section 72.2.2(a), requires similar
and hoists that are used as part of a testing but requires the test to be
Paragraph (d) of this section lists derrick. Paragraph (e)(1) requires that conducted by the manufacturer. OSHA
requirements for anchoring and guying the boom, swinger mechanisms, and recognizes that the manufacturer will
derricks to the surfaces that support hoists be suitable for the derrick work usually be the party who conducts the
them. intended and be anchored to prevent test and allows the manufacturer to do
Paragraph (d)(1) requires the use of displacement from the imposed loads. so, but paragraph (e)(2)(ii) permits the
load anchoring data developed by the This provision is similar to sec. 61.5.1 test to be conducted by any party as
manufacturer or a qualified person. of ANSI B30.61969 and sec. 61.5 of long as it is performed correctly. This
Subpart N, via sec. 61.4.3 of ANSI ASME B30.62003. No comments were paragraph received no comments and it
B30.61969, required load anchoring received for paragraph (e)(1); it is is adopted as proposed.
data for non-permanent installations, promulgated as proposed. Paragraph (e)(2)(iii), Repaired or
which include most derricks used for Paragraph (e)(2) of this section, modified hoists, outlines the
construction work, to be determined by Hoists, specifies the minimum requirements for use of a hoist that has
the user. The 2003 version of ASME requirements for hoists used for been repaired or modified. If a hoist has
B30.6 requires the data to be determined derricks. This paragraph of the proposed had repairs, modifications or additions
by a qualified person. CDAC rule was originally titled and related to that affect its capacity or safe operation
concluded that, to better ensure safety, base-mounted drum hoists. However, a it must be evaluated by a qualified
a qualified person (as defined in tank building institute whose members person to determine if a load test is
1926.1401) is needed to develop such use derricks routinely commented that necessary If a load test is necessary, load
data. The final rule affords the employer testing must be conducted in
the additional flexibility of relying on 137 CDAC believed that derrick users should be
accordance with paragraphs (e)(2)(ii)
data provided by the derrick able to rely on data developed by the manufacturer
or a qualified person for any type of installation and
and (iv). This requirement parallels
manufacturer rather than relying therefore did not distinguish between fixed and section 72.2.2(b)(1) of ASME B30.7
exclusively on a qualified person to temporary installations for this purpose. 2001. OSHA received no comments on
this provision and it is adopted as discussion of 1926.1416 for weight of the load must be determined
proposed. information about the safety functions from a source recognized by the
Paragraph (e)(2)(iv), Load test served by these operational aids. industry (e.g., the loads manufacturer),
procedure, outlines how tests required Proposed paragraph (f)(2) of this or by a calculation method recognized
by paragraphs (e)(2)(ii) or (iii) must be section, Boom angle aid, provided that by the industry (e.g., calculating a steel
conducted. Under paragraph the employer had to ensure that either: beam from measured dimensions and a
(e)(2)(iv)(A) the test load must be (i) the boom hoist cable is marked with known per foot weight). This
hoisted a vertical distance to assure the caution and stop marks, corresponding information must be provided to the
load is supported by the hoist and held to maximum and minimum allowable operator before the lift. These temporary
by the hoist brakes. Paragraph boom angles, that are within view of the alternatives are the same as those
(e)(2)(iv)(B) requires the test load to be operator or a spotter who is in direct required by 1926.1416(e)(5) for
lowered, stopped and held with the communication with the operator, or (ii) equipment generally and under
brake(s). These provisions are an electronic or other device that signals 1926.1435(e)(6)(vi) for tower cranes
comparable to section 72.2.2(b)(2) of the operator in time to prevent the boom specifically. For purposes of
ASME B30.72001. from moving past its maximum and clarification, the Agency has added a
Paragraph (e)(2)(iv)(C) states that the minimum angles, or automatically reference to 1926.1436(f)(3)(i) noting
hoist must not be used unless a prevents such movement, is used. that the requirements of 1926.1417(j)
competent person determines that the CDAC intended these precautions to are applicable. (See further discussion at
test has been passed. ASME B30.72001 be taken in lieu of requiring boom angle 1926.1417(j).)
does not specify who must determine if indicators and that they are unnecessary Under 1926.1416(e) and
a hoist passes its load test. CDAC if the derrick has such a device. 1926.1435(e)(6), a load weight/capacity
concluded, however, that to ensure the Therefore, OSHA requested public device is a category II operational aid
load test is properly assessed, this comment on whether proposed and, as such, it must be repaired within
determination needs to be made by a 1926.1436(f)(2) should be modified by 30 days if it is not working properly.
competent person. The requirement that adding the words, If the derrick is not OSHA requested comment on
a competent person determine whether equipped with a functioning boom angle whether to apply that same 30-day
the hoist has passed a load test is indicator. requirement, along with the exception
consistent with the requirement, Several commenters supported for a situation in which a part is ordered
discussed below under 1926.1436(g), OSHAs recommended revision of within 7 days of the malfunction but is
that a competent person determine 1926.1436(f)(2) but noted that the not received in time to complete the
whether a derrick has passed a load test. language should be more explicit in repair within 30 days.
A commenter recommended that stating that a boom angle indicator is Several commenters supported a
1926.1436(e)(2)(iv) be revised to add a not required. (ID0180.1; 0213.1; revision of paragraph (f)(3) of this
paragraph requiring derrick users to 0205.1.) They also asked OSHA to section to include the recommended
simulate test/trial lifts in similar clarify that the options provided in time limits. (ID0205.1; 0213.1; 0343.)
working cycle durations for actual field paragraphs (e)(2)(i) and (ii) of this OSHA concludes it is reasonable to
work cycles. (ID0120.1.) The section are not required when boom make this revision for consistency with
commenter provided no explanation for angle indicators are used. To address alternatives that are available to crane
this suggestion nor any information on these concerns, OSHA has modified the users during the repair of similar
how the practice would improve safety language of 1926.1436(f)(2) to clarify operational aids. Section 1926.1436(f)(3)
beyond the requirements proposed. that while a boom angle indicator is not has been revised to reflect this
OSHA defers to CDACs judgment that required, if the derrick has a boom angle modification.
the load test procedures specified in indicator, the employer need not use the
options provided in paragraphs (e)(2)(i) Paragraph (g) Post-Assembly Approval
paragraph (e)(2)(iv) of this section will
and (ii) unless the boom angle indicator and TestingNew or Reinstalled
provide the necessary level of safety to
is not functioning. Derricks
employees.
For these reasons, OSHA did not Paragraph (f)(3) of this section, Load Paragraph (g) of this section lists the
modify the proposed text of weight/capacity devices, requires that minimum testing and approval
1926.1436(e)(2)(iv) to add a paragraph derricks manufactured more than requirements that an employer must
(D). No other comments were received November 8, 2011 with a maximum meet to assure that its derrick will be
on paragraph (e)(2)(iv); it is promulgated rated capacity over 6,000 pounds have structurally and functionally able to
as proposed. at least one of the following: load perform within the manufacturers
weighing device, load moment specifications and recommendations. C
Paragraph (f) Operational Aids indicator, rated capacity indicator, or DAC determined that by meeting these
Paragraph (f) of this section specifies rated capacity limiter. This paragraph minimum requirements, the employer
the types of operational aids that must adopts, for derricks, a requirement would provide its workers with a safe
be used on derricks during construction comparable to that required for cranes derrick that will not endanger the
activities. under 1926.1416(e)(4). Because this workers during hoisting operations.
Paragraph (f)(1) is adopted as paragraph imposes a requirement not Paragraph (g)(1), Anchorages, lists
proposed and states that 1926.1416 previously applied to derricks by an minimum requirements for an anchor
(Operational aids) applies, except for industry standard, OSHA concludes, as used to support a derrick. Section
1926.1416(d)(1), (e)(1) and (e)(4).
did CDAC, that it is appropriate to 1926.1436(g)(1)(i) requires that the

Under 1926.1436(f)(1), two operational allow one year after this standard anchorages, including the structure to
aidsan anti two-block device and a becomes effective for new derricks to be which the derrick is attached (if
hoist drum rotation indicator (if the equipped with such devices. applicable), be approved by a qualified
drum is not visible from the operators Paragraph (f)(3) sets temporary person.
station)are required on a derrick alternative measures that must be used A commenter recommended that
manufactured more than one year after when the load weight/capacity device is 1926.1436(g)(1)(i) be revised to require
the effective date of this subpart. See not working properly. In that case the design inspection by a registered
professional engineer instead of a recommended that OSHA adopt the determine if a load test is necessary. If
qualified person as proposed. (ID revised guidance provided in section 6 so, load testing must be conducted and
0120.1.) However, the commenter 2.2.2 of ASME B30.62003, which documented in accordance with
submitted no explanation for the includes a requirement to load test all 1926.1436(g). Subpart N, through
recommendation nor any information as new and reinstalled derricks prior to incorporation of section 62.3.3 of ANSI
to why the use of a registered initial use and specifies the elements B30.61969, required all replaced and
professional engineer would result in a such a test should include. OSHA repaired parts to have at least the
higher level of safety than the use of a determines, as did CDAC, that original safety factor. However, there
qualified person. Since no information compliance with the load test was no explicit requirement to load test
supporting this position was presented, requirements listed in paragraph (g)(3) the derricks after parts were repaired or
OSHA finds no reason to modify the will help the employer identify defects replaced. ASME B30.62003 does
provision based on this comment; it is in the derrick prior to its actual use. The address load testing of repaired, altered
promulgated as proposed. requirements for the load test are or modified derricks in section 6
Paragraph (g)(1)(ii) requires the outlined in paragraphs (g)(3)(i) through 2.2.2(b), specifying that the need for
qualified person to determine whether (g)(3)(iii). such a test be determined by a qualified
any special testing of the anchorage is Under paragraph (g)(3)(i) test loads person. Paragraph (h) is consistent with
needed when rock or hairpin must be at least 100% and no more than the ASME requirement. Such testing
anchorages are used. If so, it must be 110% of the rated capacity, unless will help the employer identify safety
tested accordingly. otherwise recommended by the defects in a repaired or modified derrick
The provisions of paragraph (g)(1) are manufacturer or qualified person, but in prior to its actual use. No comments
similar to what was required by subpart no event must the test load be less than were received for (h); it is promulgated
N through its incorporation of section the maximum anticipated load. Under as proposed.
62.2.1b in ANSI B30.61969 and also paragraph (g)(3)(ii) the test must consist
what is currently in section 62.2.1(b) in of (A) hoisting the test load a few inches Paragraph (i) [Reserved.]
its newest revision, ASME B30.6 and holding to verify that the load is Paragraph (j) Power Failure Procedures
2003.138 These requirements will help supported by the derrick and held by
the employer ensure that the derrick the hoist brake(s); (B) swinging the Paragraph (j) of this section requires
does not collapse due to insufficient derrick, if applicable, the full range of the derrick operator to safely stop
anchoring and injure or kill workers its swing, at the maximum allowable operation if the power fails during
who must use or be in the vicinity of the working radius for the test load; (C) operations and lists additional steps that
derrick. Paragraph (g)(1) is adopted booming the derrick up and down must be taken. Section 1926.1436(j)(1)
without change from the proposal. within the allowable working radius for requires setting all brakes or locking
OSHA received no comments on the test load; and (D) lowering, stopping devices. Section 1926.1436(j)(2) requires
paragraph (g)(2), Functional test, and it and holding the load with the brake(s). moving all clutch and other power
is adopted as proposed. The provision Paragraph (g)(3)(iii) provides that the controls to the off position. These steps
requires that, prior to initial use, new or derrick must not be used unless the will prevent inadvertent movement of
reinstalled derricks must be tested by a competent person determines that the the load during the power outage or
competent person with no hook load to test has been passed. upon restoration of power. These
verify proper operation as outlined in Paragraph (g)(4), Documentation, precautions are found in section 6
paragraphs (g)(2)(i) through (v). The test requires that tests conducted under this 3.2.3(h) of ANSI B30.61969 and are
must include (i) lifting and lowering the paragraph must be documented. The reiterated in ASME B30.62003. No
hook(s) through the full range of hook document must contain the date, test comments were received for (j); it is
travel; (ii) raising and lowering the results, and the name of the tester. The promulgated as proposed.
boom through the full range of boom document must be retained until the
travel; (iii) swinging in each direction derrick is re-tested or dismantled, Paragraph (k) Use of Winch Heads
through the full range of swing; (iv) whichever occurs first. Because a load Paragraph (k) of this section specifies
actuating the anti two-block and boom test meeting the criteria listed in the minimum requirements for the safe use
hoist limit devices (if provided); and (v) standard is so important to the safe use of a winch during hoisting operations.
actuating locking, limiting and of the derrick, CDAC determined that Paragraph (k)(1) requires that ropes not
indicating devices (if provided). These documentation of the test was needed to be handled on a winch head without the
provisions are similar to section 62.2.1 show that the test had been conducted knowledge of the operator. Section
of ASME B30.62003. properly. Section 62.2.2(a)(1) of ASME 1926.1436(k)(2) requires the operator to
OSHA received no comments on B30.62003 similarly requires that a be within reach of the power unit
paragraph (g)(3), Load test, and it is written report of the load test be control while a winch head is being
adopted as proposed. The provision prepared and maintained. OSHA used. These requirements are in sec. 6
requires that, prior to initial use, new or received no comments on this 3.3.5 of ANSI B30.61969 and are
reinstalled derricks must be load tested paragraph. OSHA is adding language to continued in sec. 63.3.6 of ASME
by a competent person. Subpart N clarify that all inspection B30.62003. No comments were
required operational tests prior to initial documentation must be available to received for (k); it is promulgated as
use of all new and altered derricks inspectors in accordance with proposed.
through the incorporation of section 6 1926.1412(k).
Paragraph (l) [Reserved.]
2.2.1 of ANSI B30.61969, but a load

test was not explicitly required. CDAC Paragraph (h) Load Testing Repaired
or Modified Derricks Paragraph (m) Securing the Boom
138 The OSHA standard differs from ASME Paragraph (h) of this section requires Paragraph (m) of this section lists
B30.62003 in the following respect: The ASME that derricks that have had repairs, minimum requirements for ensuring the
section states that rock or hairpin anchorages may
require special testing. CDAC believed that it is
modifications, or additions affecting the stability of a derricks boom when at rest
necessary to explicitly require that a qualified derricks capacity or safe operation be to prevent injuries and deaths that could
person determine whether such testing is needed. evaluated by a qualified person to occur if it inadvertently shifted or fell.
Paragraph (m)(1) requires that when DACs rationale and agrees that giving items to be inspected. These additional
the boom is being held in a fixed the A/D director the responsibility for items, when combined with the items
position, dogs, pawls, or other positive supervising the jumping of a derrick that must be inspected under
holding mechanisms on the boom hoist will ensure that the jumped derrick is 1926.1412, are consistent with ANSI
be engaged. Section 1926.1436(m)(2) safe to use. B30.61969 and ASME B30.62003.
requires that when taken out of service Several labor representatives objected Paragraph (p)(1), Daily, requires the
for 30 days or more, the boom be to the use of the word supervisor in inspection of guys for proper tension.
secured by one of the following the term A/D supervisor used in Guy wires are critical elements of the
methods: (i) By laying down the boom; proposed 1926.1404(a). (ID0182.1; support system for derricks.
(ii) by securing the boom to a stationary 0199.1; 0172.1.) As explained in the Paragraph (p)(2), Annual, contains
member, as nearly under the head as discussion of assembly/disassembly, two requirements. Paragraph (p)(2)(i)
possible, by attachment of a sling to the OSHA has decided to replace the term requires inspection of the gudgeon pin
load block; (iii) for guy derricks, by A/D supervisor with A/D director in for cracks, wear, and distortion.
lifting the boom to a vertical position 1926.1404(a). Accordingly, OSHA has Paragraph (p)(2)(ii) requires inspection
and securing it to the mast; or (iv) for revised this paragraph to replace the of the foundation supports for
stiffleg derricks, by securing the boom term A/D supervisor with the term A/D continued ability to sustain the imposed
against the stiffleg. director. loads. Since a derrick is more likely to
The comparable ASME B30.62003 A commenter recommended that remain stationary and supported by the
provision (sec. 63.3.7) would require 1926.1436(n) be revised to add a same foundation throughout the
the boom to be secured when the requirement to include a site-specific duration of its use than the majority of
derrick is not in use. CDAC jumping plan approved by a registered the equipment covered by this standard,
concluded the intent of the ANSI professional engineer. (ID0120.1.) CDAC determined it was necessary to
provision was to require the boom to be However, the commenter provided no require the foundation to be inspected
secured when the derrick was not in explanation for this recommendation, annually in addition to the items
service but concluded that the ASME nor did the commenter provide any specified in 1926.1412. No comments
wording could be misconstrued to mean information to establish how this would were received for this paragraph; it is
that the boom had to be secured be an improvement over the rules promulgated as proposed.
whenever the derrick was not in the requirement to have the jumping
Paragraph (q) Operator Qualification
process of lifting a load. To avoid process directed by an A/D director.
and Training
misunderstanding and establish an Since no information supporting this
objective requirement for when the revision was presented, OSHA finds no Paragraph (q) of this section,
boom had to be secured, CDAC persuasive reason to modify the Qualification and Training, requires
proposed that the boom be secured provision based on this comment; it is that derrick operators be trained in the
whenever the derrick is taken out of promulgated as proposed. safe operation of the specific type of
service for 30 days or more. No equipment that operator will be using.
Paragraph (o) Section 1926.1427 does not apply.
comments were received for paragraph
(m); it is promulgated as proposed. Paragraph (o) of this section requires CDAC discussed whether there
that derrick operations be supervised by should be a certification requirement for
Paragraph (n) a competent person. No comments were derrick operators, but decided against
Jumping the derrick is the practice received for this provision; it is recommending such a provision. The
of moving structural components of the promulgated as proposed. Subpart N Committee noted that there are no
derrick to different locations, such as to incorporated sec. 6.3.1.1 of ANSI B30.6 accredited testing criteria to use for
the upper floors as a building is 1969, which requires derrick operations testing derrick operators. Nor are there
constructed, and is essential to some to be directed by a designated nationally recognized accredited testing
construction activities. Section individual. ASME B30.62003 contains facilities readily available. CDAC
1926.1436(n) requires that the process of a similar requirement, and both questioned whether testing providers
jumping the derrick be supervised by consensus standards specify the would find it cost-effective to establish
the A/D (assembly/disassembly) requirements and practices of that accredited testing programs for derrick
director. As defined in 1926.1401, the designated individual. OSHA operators, noting that most training for
A/D director must either be a person concludes, as did CDAC, that the derricks must be site specific because
who meets the criteria for both a definition of competent person meets the types of derricks used, their support
competent person and a qualified the objectives of the ANSI/ASME structures, and the hazards associated
person, or a competent person who is designated individual requirements to with specific projects vary from
assisted by one or more qualified competently perform the specific duties company to company. Moreover, the
persons. involved in supervising derrick accident investigation data reviewed by
As discussed above, paragraph (g) of operations. The experience and CDAC did not indicate that there was
this section requires a derrick to be load knowledge possessed by the competent a need to require derrick operators to
tested to confirm that the derrick and its person and his/her ability to recognize meet certification requirements similar
support can withstand rated loads. C and correct potential hazardous to those proposed for crane operators.
DAC discussed whether load testing conditions will help ensure the safety of One commenter opposed excluding
should be required when a derrick is derrick operations. derrick operators from the certification
jumped, but ultimately concluded that a requirements of 1926.1427 of this
jumped derrick need not be load tested Paragraph (p) Inspections subpart because derrick operations
and determined that the A/D director Under paragraph (p) of this section, require similar skills to make a safe pick
could be relied upon to see that the the inspection requirements of as those required for cranes. (ID
jumped derrick is properly erected and 1926.1412 apply to derricks. In 0172.1.) Testimony from hearing
anchored and complies with the addition to the items that must be participants confirmed that the industry
applicable requirements of this inspected under 1926.1412, this was unable to accommodate a need for
standard. OSHA is satisfied with C paragraph requires certain additional accredited testing facilities or applicable
testing criteria for derrick operators. Paragraph (a) to the regulated community regarding
(ID0343.) A commenter asserted there compliance obligations.
were no organizations that provided Paragraph (a) of this section specifies
accredited testing for derrick operators that the requirements of 1926.1437 are Paragraph (c) Work Area Control
in the industry. (ID0130.1.) Overall supplemental requirements; therefore,
all other requirements of this subpart Paragraph (c) of this section provides
OSHA did not find sufficient evidence that the requirements of 1926.1424,
in the record to support a requirement apply unless specifically noted
otherwise. Section 1926.1437(a) Work area control, apply to equipment
for derrick operators to meet the covered by this section, except for the
certification requirements of exempts equipment operating on jacked
barges from the requirements of requirements of 1926.1424(a)(2)(ii).
1926.1427. More general discussion of
1926.1437 when the jacks are Paragraph (c)(2) of this section closely
this topic is provided in 1926.1427.
deployed to the river, lake, or sea bed parallels 1926.1424(a)(2)(ii) but omits
In reviewing the CDAC language of
and the barge is fully supported by the the requirement that employers
1926.1430 and 1926.1436, OSHA
jacks. demonstrate infeasibility before using a
realized that the Committee did not
A jacked barge deployed in this combination of warning signs and high
specify any training requirements for
derrick operators, which OSHA manner has four spuds on its corners visibility markings in place of erecting
concludes was an inadvertent omission. that are grounded into the sea-bottom, and maintaining control lines, warning
providing a level and stable platform on lines, railings, or similar boundaries of
The Agency noted in the preamble to
the proposed rule that it was planning which employees work. This hazard areas. Because equipment
to add a training requirement to configuration results in work conditions covered by this section typically
1926.1436 and requested public similar to a crane working on land, operates within a very limited physical
comment on the addition of such a unlike the work conditions pertinent to work space, employers often need
provision. equipment covered by this section. increased flexibility in determining
Commenters supported OSHAs Therefore, equipment used on a jacked which work area control method is most
recommended addition, so this section barge deployed in this manner is subject appropriate in light of special site-
now includes a requirement that derrick to all other applicable requirements of specific circumstances. To help ensure
operators be trained on the specific type this proposed subpart but not to the that employees are adequately protected
of equipment being used. (ID0130.1; requirements of this section. if the employer uses high visibility
0205.1; 0213.1.) This provision has One commenter raised a question as markings to supplement warning signs,
been modified from the proposed rule to to whether the exclusion of jacked this paragraph requires the employer to
specifically address the training that is barges would apply when the barge is train employees to understand the
required for derrick operators. supported by jacks anchored to the meaning of the markings.
A commenter asked that employers be river, lake, or sea bed, but not fully OSHA received no comments on this
allowed to train and qualify their supported in a more permanent provision as proposed. Upon review of
operators and that the qualification be condition. (ID0172.1.) However, the this provision, the Agency determined
valid for a limit of five years. (ID commenter does not explain what is the two examples provided in the
0130.1.) Since this final rule does not meant by a more permanent condition. regulatory text were redundant.
require qualification for derrick The test for whether the jacks, on Therefore, except for the removal of one
operators beyond that of the training deployment in the river, lake, or sea of the examples, OSHA is retaining the
requirement, OSHA disagrees with this bed, fully support the barge.
provision as proposed, because it will
proposition. For additional information OSHA received no substantive ensure maximum worker safety under
on comments received about training to comments or information indicating that the limited space available on many of
particular types of equipment, see the the exception for jacked barges is unsafe these vessels.
discussion at 1926.1427(j)(1)(i). for employees. Therefore, OSHA is
retaining the exception in the final rule Paragraph (d) Keeping Clear of the
Section 1926.1437 Floating Cranes/ because it determines that employees on Load
Derricks and Land Cranes/Derricks on jacked barges will be protected by the
Barges other provisions of this subpart. OSHA Paragraph (d) of this section states
Section 1926.1437 covers two types of also is retaining the language explaining that the requirements of 1926.1425,
equipment in a marine environment. the application of the section because it Keeping clear of the load, do not apply
The first type is referred to as floating provides useful explanatory information to the equipment covered by
cranes/derricks, defined in to the regulated community regarding 1926.1437. Due to the limited space
1926.1401, Definitions, as equipment compliance obligations. available for equipment on worksites
designed by the manufacturer (or covered by this section (i.e., the decks
Paragraph (b) General Requirements of barges and other vessels), the
employer) for marine use by permanent
attachment to a barge, pontoons, vessel, Paragraph (b) of this section specifies requirements of 1926.1425 are
or other means of flotation. The second that paragraphs (c)(k) of this section infeasible under these worksite
type, Land cranes/derrick is defined in apply to both floating cranes/derricks conditions, in the experience of CDAC.
1926.1401 as equipment not and land cranes/derricks. As noted OSHA received no comments on this
originally designed by the manufacturer above and discussed below, provision, and, therefore, is
for marine use by permanent attachment 1926.1437(m) applies only to floating promulgating it in the final rule as
to barges, pontoons, vessels, or other cranes/derricks, and 1926.1437(n) proposed because it strikes a balance
means of flotation. Section applies only to land cranes/derricks between the practicalities of the
1926.1437(m) applies only to floating mounted on vessels/flotation devices. worksite and safety for employees.
cranes/derricks, and 1926.1437(n) OSHA received no comments on the Other provisions within this section
applies only to land cranes/derricks proposed paragraph. OSHA is retaining provide other means of protecting
used on barges, pontoons, vessels or the paragraph as proposed because it employees in the unique worksites
other means of flotation. provides useful explanatory information covered by this section.
Paragraph (e) Additional Safety Because the speed and direction of OSHA received no comments on these
Devices the wind can directly affect equipment provisions as proposed. However,
Paragraph (e) of this section lists operations, such as by diminishing OSHA is retaining these provisions in
additional safety devices required for equipment capacity and inducing the final rule because the provisions
equipment covered by this section. unintended movement of the load, afford protection to workers involved in
Equipment covered by 1926.1437 is 1926.1437(e)(3) requires equipment personnel lifting operations or exposed
required to have the safety devices covered by this section to have and use to a load failure while working in
listed in 1926.1415, Safety devices, a wind speed and direction indicator cofferdams or shafts. The provisions
unless otherwise noted in 1926.1415. when a competent person determines also prevent employers from relying on
that wind is a factor that needs to be malfunctioning equipment to the
The additional safety devices required
considered during operations. detriment of employees using or
by 1926.1437(e) address the special
OSHA received no comments on exposed to the equipment.
conditions of a marine worksite,
especially with respect to vessel proposed paragraphs (e)(1)(e)(4), and is Paragraph (g) Accessibility of
stability, inadvertent movement due to retaining all of these provisions in the Procedures Applicable to Equipment
water conditions, and the greater effect final rule, except for the requirement of Operation
of wind and other environmental a horn and with renumbering, because
they improve the safety of the vessels, Paragraph (g) of this section sets forth
conditions on equipment operating at requirements regarding accessibility of
these sites. However, note that and, therefore, the safety of the
employee involved in crane/derrick equipment operation procedures. The
1926.1415 excepts floating cranes/ provision requires equipment with a cab
derricks and land cranes/derricks on operations onboard the vessel.
to comply with the requirements of
barges, pontoons, vessels, or other Paragraph (f) Operational Aids 1926.1417(c), Operationaccessibility
means of flotation from having crane of procedures. If the equipment does not
level indicators and floating cranes from Paragraph (f) of this section modifies
the application of some of the have a cab then the requirements of this
having foot pedal brake locks. (See the paragraph apply.
discussion above under requirements in proposed 1926.1416,
The Agency determined that it is
1926.1415(a)(1)(iii) and Operational aids, for equipment covered
necessary to have the load chart located
1926.1415(a)(4) for an explanation of by this section. Apart from these
where the operator is stationed. Under
these exceptions.) differences, 1926.1416 applies to
1926.1437(g)(1), if the operators
Paragraph (e)(1) requires equipment equipment covered by this section.
station is movable, such as with
covered by this section to have a list and Paragraph (f)(1) requires that pendant-controlled equipment, the load
trim device. It is necessary to have this equipment covered by this section to be chart must be posted on the equipment.
device since the degrees of list and trim equipped with an anti-two-block device Under 1926.1437(g)(2), the remaining
are directly related to the stability of the when hoisting personnel or when procedures (other than load charts) must
vessel/flotation device and therefore to hoisting over an occupied cofferdam or be readily available on board the vessel/
the stability of the equipment and its shaft. As discussed at 1926.1416(d)(3), flotation device. Where there is no cab
safe operation. two-blocking can result in a sudden for the equipment, it is impractical to
Proposed paragraph (e)(2) required drop of the load on the line. Anti-two- require these other procedures to be
equipment covered in this section to block devices protect against this next to the operator; however, it is still
have a horn. In the experience of C danger. However, anti-two-blocking necessary for the operator to have easy
DAC, the sounding of the equipments devices have a high rate of failure in a access to these procedures for reference
horn is commonly understood in the marine environment due to wind and during operations.
marine industry as a way to warn other environmental factors. Also, the While OSHA received no comments
employees about the presence of or equipment covered by this section is on the proposed provisions, it is
movement of the equipment or its load. often performing live boom/fast-moving retaining the provisions in the final rule
In the final rule, OSHA has added the functions, causing an anti-two-block because, as explained elsewhere in this
requirement of a horn to the general list device to consistently malfunction. preamble, having this procedural
of safety devices required in Therefore, an anti-two-block device is information as readily available as
1926.1415. See 1926.1415(a)(7). As only required when hoisting personnel possible is critical to operating cranes/
noted above, the requirements of or hoisting over an occupied cofferdam derricks safely, thereby ensuring the
1926.1415 apply to floating cranes/ or shaft due to the additional risk to protection of the workers involved in
derricks, so restating the requirement in employees during these operations. the crane/derrick operations.
1926.1437(e)(2) would be redundant. Paragraph (f)(2) specifies that
OSHA is therefore removing the horn employers using equipment to perform Paragraph (h) Inspections
requirement from this section and dragline, clamshell (grapple), magnet, Paragraph (h) of this section sets forth
renumbering the remainder of drop ball, container handling, concrete additional inspection requirements
1926.1437(e). bucket, and pile driving work covered applicable to equipment covered by this
Paragraph (e)(2), as renumbered in the by this section, are exempt from the section. The introductory sentence to
final rule, now requires that all requirements of 1926.1416(e)(4), Load this paragraph states that 1926.1412,
equipment with a rotating weighing and similar devices. These Inspections, applies to the inspection of
superstructure have a positive crane operations add heavy loads and the crane/derrick, and that the
house lock. This device is necessary for repetitive motion to the marine
additional inspection requirements in

equipment covered within this section characteristics described above. As a this paragraph apply to the vessel/
because it positively locks the rotating result, load weighing devices used flotation device that supports the crane/
superstructure. The lock provides during these operations consistently derrick.
additional protection from the malfunction. Additionally, the listing In the proposed rule, the Agency
superstructures accidental movement and tilting that is typical in marine modified the language of the CDAC
that can result due to the action of wind, worksites often prevents these devices consensus document for this
waves, or current. from providing accurate load readings. introductory sentence by including
coverage for floating cranes/derricks and OSHA received no comments on the ensure that the operational conditions
requested comment on this remaining provisions proposed for are safe for employees, and, therefore,
modification. Two commenters paragraphs (h)(2) and (h)(3) and OSHA OSHA is retaining these requirements in
responded and both agreed with the is retaining these provisions to ensure the final rule.
modified language as used in the that vessels/flotation devices used for Section 1926.1437(h)(4)(i)(C) requires
proposed rule. (ID0205.1; 0213.1.) crane/derrick operations remain safe for an inspection of various component
OSHA is retaining this language in the employees, and that the employer parts of the vessel to determine if there
final rule because the increased corrects deficiencies in the vessels/ is significant corrosion, wear,
coverage enhances employee protection, flotation devices that are hazardous to deterioration or deformation. The use of
and the introductory language provides employees. the word significant is to indicate that
useful explanatory information to the Under 1926.1437(h), inspections are the functionality of these components is
regulated community regarding required at four distinct times: Each not impaired in any way due to
compliance obligations. shift, each month, annually, and every exposure to the elements or use. The
With respect to the requirements of four years. As specified in paragraph Committee determined, and OSHA
1926.1437(h)(2)(ii), a commenter (h)(3), a competent person must conduct agrees, that these components are
expressed concern that the Agency the shift and monthly inspections. If the essential to safe operation of the vessel
expected an employer to physically competent person identifies a and therefore critical to employee
open the hatch on a barge to inspect for deficiency, an immediate determination safety.
taking on water. (ID0345.26.) The by a qualified person is then required to A commenter indicated that the
commenter further explained that hatch ascertain if the deficiency constitutes a requirement to check for external
covers are usually sealed, and generally hazard. If the deficiency constitutes a evidence of leaks and structural
are removed only if there is suspected hazard, the vessel must be removed damage in 1926.1437(h)(4)(i)(C)
damage to the hull. (ID0345.26.) from service until the deficiency is should not apply below the waterline of
Another commenter confirmed that corrected. the hull. (ID0345.26.) That commenter
most non-freshwater vessels have These requirements differ from the suggested that applying the requirement
permanently sealed hatches. (ID shift and monthly general inspection below the waterline would be unduly
0344.1.) requirements of 1926.1412, in which burdensome because it would require
Under this provision, as proposed, a the competent person who identifies a dry-docking the vessel. Another
competent person must inspect the deficiency then determines whether the commenter, indicated that dry-docking
vessel for taking on water and does not deficiency is a safety hazard requiring a vessel is expensivebetween $20,000
specify any particular method for immediate correction. The reason for and $60,000 per dry-docking, depending
making this determination. As one this difference is that the equipment on the type of vessel. (ID0344.1.) This
commenter suggested, measuring covered under this section is highly cost estimate was supported by another
freeboards is a way to determine if a specialized and therefore requires a high commenter, who noted the average cost
vessel is listing more than a couple of level of knowledge. for its fleet was $50,000 to dry-dock a
degrees and, therefore, possibly taking With respect to the annual vessel. (ID0383.1.) A commenter
on water. (ID0344.1.) The requirement inspections, 1926.1437(h)(4) requires indicated that industry practice is to
here is for the competent person to use the equipment and vessel/flotation conduct the routine annual inspection
an effective means of determining if the device to be inspected by a qualified from the waterline up, and that
vessel is taking on water, which can person with expertise with respect to inspecting below the waterline would
vary depending on the type of vessel. vessels/flotation devices. The Agency not enhance safety. (ID0344.1.)
With respect to 1926.1437(h)(2)(iv), concludes it is important to state The Agency agrees that it is not
a commenter was concerned that the explicitly that the qualified person necessary to require dry-docking on an
requirement to check the fuel conducting these inspections must have annual basis. Instead, OSHA modified
compartments * * * for serviceability the necessary expertise for the items the language used in the proposed rule
as a water-tight appliance included an listed for the annual inspection with to allow employers to check for leaks
expectation that the hatch cover would respect to barges, pontoons, vessels or and damage below the waterline inside
be removed to inspect the fuel other means of flotation. Accordingly, the vessel/flotation device, by, for
compartment. (ID0345.26.) The OSHA is retaining the provision in the example, opening hatches and access/
commenter further stated the usual final rule. inspection ports, but not by opening
means of checking for water in a fuel The qualified person required for the sealed compartments or cutting
tank is by using a plumb bob and clear shift and monthly inspections must openings.
coat that changes color if water is have expertise with respect to the work Paragraph (h)(4)(iii)(A) requires the
present. The proposed provision conditions, the crane/derrick, and the removal from service of any vessel/
requires a competent person to inspect vessel/flotation device. However, the flotation device when a qualified person
the fuel compartments, among other annual inspection is more extensive determines a deficiency in the
areas, for serviceability as a water-tight than the shift or monthly inspections. equipment constitutes a immediate
appliance. The provision does not The qualified person for the annual hazard. As with other removal from
specify any particular method for inspection must have a greater level of service requirements, OSHA is
making this determination, provided the expertise than the qualified person including a cross-reference to the tag-
competent person uses an effective required for determining whether out requirement in 1926.1417(f),
deficiencies identified in shift and
method for doing so. which is triggered when equipment is

Based on the need to ensure the monthly inspections constitute hazards. removed from service.
integrity of the vessel/flotation device The qualified person for the annual Paragraph (h)(5) requires an
for employee safety, and the availability inspection must have expertise in all the inspection every four years of the
of nonintrusive means of determining areas covered by the annual inspection, internal portion of the barge, pontoons,
this integrity, OSHA is retaining in addition to general expertise vessel, or other means of flotation by a
1926.1437(h)(2)(ii) and regarding the equipment and vessel/ marine engineer, marine architect,
1926.1437(h)(2)(iv) in the final rule. flotation device. This expertise will licensed surveyor, or other qualified
person who has expertise with respect drowning, struck-by, crushed-by, and Under the definition in 1926.1401,
to vessels/flotation devices. A higher other hazards involved. marine worksite includes a worksite
level of expertise is necessary for Marine environments and the in the water; therefore, the exception
performing the four-year inspection condition of a diver can change quickly specified by 1926.1431(b)(2)(iii) to the
than the annual inspection. By listing and unexpectedly; the crane/derrick requirement to use a personnel platform
other qualified person together with operator must be constantly aware of the applies when a diver is hoisted into or
marine engineer, marine architect, diving operation and in position to take out of the water in a marine-hoisted
and licensed surveyor, the Agency immediate action when necessary. personnel-transfer device.
clarifies that the expertise of the other Therefore, under proposed OSHA received no comments on any
qualified person must be equivalent to 1926.1437(j)(1), when one or more of the provisions in proposed paragraph
that of a marine engineer, marine divers are being hoisted into and out of (j). Accordingly, OSHA is retaining
architect, or licensed surveyor. In this the water, the employer is prohibited these provisions in the final rule
regard, the proposal did not list from using the equipment for any other because, in the Committees view, use of
inspection items for the four-year purpose until all divers have returned a personnel platform could be infeasible
inspection. Instead, OSHA determines back on board. This requirement or more hazardous to employees than an
(based on CDACs recommendation) ensures the operators attention is not alternative means of hoisting personnel
that a better approach is to rely on the diverted from the welfare of the divers. such as marine-hoisted personnel-
expert knowledge of the marine Paragraph (j)(2) of this section requires transfer devices (see the discussion
engineer, marine architect, licensed the equipment operator to remain at the above in this preamble for
surveyor, or other qualified person who equipment controls during the entire 1926.1431(b)(2)(iii)).
has expertise with respect to vessels/ diving operation. This provision ensures
Paragraph (k)
flotation devices. that the operator is able to respond
OSHA received two comments when necessary. Paragraph (k) of this section requires
regarding the use of the term Paragraph (j)(3) requires that, in the employer to adhere to the
quadrennial in the proposed rule. (ID addition to the signal requirements in specifications and limitations
1926.14191926.1422, the diver established by the manufacturer of the
0343; 0344.1.) Both recommended
tender must be in direct communication barge, pontoon, vessel, or other means
using the term four-year because it is
with the equipment operator. This of flotation with respect to imposed
consistent with current terminology
communication must be done either environmental, operational, and in-
used by the marine industry. In light of
through maintaining a clear line of sight transit loads. The purpose of this
this information OSHA revised the term
between the operator and tender or by provision is to ensure that the
quadrennial to four-year in the final
electronic transmission between the equipment can operate safely under the
rule in paragraphs (h)(5) and (h)(6) of
operator and tender. The tender is the forces imposed on it. In its
1926.1437.
individual responsible for monitoring deliberations, the Committee noted that
Paragraph (h)(6) sets forth the
and communicating with the diver. In the manufacturer is in the best position
documentation requirements for the
this section, the diver tender is required to determine the maximum external
monthly, annual, and four-year
to maintain effective communication loads the vessel/flotation device can
inspections, which follow those in
with the equipment operator when the withstand while maintaining necessary
1926.1412, Inspections, at stability and buoyancy, and that
equipment is used to get the diver in
1926.1412(e)(3) and 1926.1412(f)(7). requiring employers to adhere to the
and out of the water. The tender is the
However, with respect to four-year manufacturers specifications and
member of the dive team who closely
inspections the written documentation limitations would provide employees
monitors the divers condition during
of the inspection must be maintained for with the requisite level of protection.
the dive and checks the equipment prior
four years. This provision enables the The language of the proposed rule
to the dive. Therefore, the tender is able
employer to track changes in the varied from the text in the CDAC
to let the operator know when a diver
condition of the vessel from the consensus document. OSHA made this
needs to be lifted out of the water or
previous inspection, thereby correcting revision to clarify that it was an
when other action by the equipment
hazards in a timely manner. Therefore, employers responsibility to follow the
operator is needed.
OSHA is retaining this provision in the Paragraph (j)(4) specifies that when manufacturers specifications and
final rule. The Agency is adding using a crane/derrick to hoist a diver, limitations. OSHA requested public
language to paragraph (h)(6) to clarify the crane/derrick must be secured in comment on this revision. OSHA
that all of the inspection documentation such a way that there is no amount of received two comments in response to
(including the four year inspection shifting in any direction. A small shift this request. (ID0205.1; 0213.1.) Both
documentation) must be made available, of a crane/derrick on a barge can result commenters stated the CDAC language
for the duration of the document in movement that can injure the diver. showed the Committees original intent
retention period, to persons performing OSHA notes that 1926.1431, of this paragraph was a design
inspections, in accordance with Hoisting personnel, applies when a specification, and further stated that
1926.1412(k). crane/derrick is used to hoist personnel. the revision as proposed by OSHA did
Paragraph (i) [Reserved.] In most instances when personnel are not consider the Committees language
hoisted, they must be located in a was addressing design specifications.
Paragraph (j) Working With a Diver personnel platform that meets criteria On reviewing these comments, the
Paragraph (j) of this section sets forth specified in 1926.1431. However, CDAC consensus document, and
supplemental requirements designed to 1926.1431(b)(2) contains exceptions to OSHAs proposed text, OSHA
ensure that a diver is hoisted safely from the use a personnel platform and one determines that paragraph (k) needs to
the vessel and back onto the vessel such exception, specified by address both the commenters position
when equipment covered by this section 1926.1431(b)(2)(iii), applies when an that there is a need for a design
is used for this purpose. Extra employer transfers an employee to or specification, and OSHAs position in
precautions and measures are needed from a marine worksite in a marine- the proposed rule that employers must
when engaged in this activity due to the hoisted personnel-transfer device. comply to the manufacturers
specifications and limitations. OSHA definition is consistent with OSHAs compartments to determine the
revised proposed paragraph (k) review of the definition of freeboard; potential free surface effect on vessel
accordingly. therefore, OSHA is adding this stability, and then to initiate pumping
In addition, another commenter raised definition to the regulatory text of when necessary to avoid capsizing.
the issue that, for many vessels covered 1926.1437(m)(2) in the final rule and OSHA received no comments were
by this section, the manufacturer no is including it in 1926.1401, received on paragraphs (m)(3) through
longer exists, or that the vessel has been Definitions. (m)(5). OSHA is retaining these
modified and an expert has established Under paragraph (m)(4), employer- provisions in the final rule to ensure the
the appropriate specifications and made equipment must meet the same stability of vessels/flotation devices
limitations for the vessel. (ID0345.26.) criteria specified by during crane/derrick operations, thereby
One commenter noted the companys 1926.1437(m)(1)(m)(3) for preventing employee exposure to
fleet had vessels that were 60 years old manufacturer-made equipment. In drowning, impact, and other hazards
and the manufacturers of some of these addition, an employer using equipment associated with crane/derrick operations
vessels were no longer in business. (ID it builds is required to have documents onboard vessels/flotation devices.
0344.1.) OSHA finds these comments demonstrating that these criteria have
Paragraph (n) Land Cranes/Derricks
persuasive, and is adding a provision to been met. Such documents must be
paragraph (k) to require the employer to signed by a registered professional Paragraph (n) of this section sets forth
follow specifications and limitations engineer who is a qualified person with the requirements for land cranes/
established by a qualified person in respect to the design of the type of derricks when used on a barge,
such instances. equipment involved. pontoons, vessel or other means of
Manufacturers have sufficient flotation. As noted above, land cranes/
Paragraph (l) [Reserved.] expertise with respect to the derricks are not originally designed for
Paragraph (m) Floating Cranes/Derricks development of load charts, rated marine use but are covered by this
capacities, and related operational section when they are mounted on a
Paragraph (m) of this section sets forth limitations, so there is no need for a vessel/flotation device and used on
requirements with respect to load documentation requirement for water. The Agency determined that
charts, rated capacity, allowable list, manufacturer-built floating cranes/ special requirements are needed to
allowable trim, wind speed and related derricks. However, given the variety of address the distinctive safety issues
measures for floating cranes/derricks. employer-made equipment, the Agency presented when using such equipment.
The requirements in 1926.1437(m)(1) included this documentation The stability of the vessel/flotation
through (5) address the various hazards requirement to ensure that employer- device is affected by the use of a land
that contribute to instability of the made equipment has the same level of crane/derrick on board. Implementing a
vessel/flotation device and the effect of safety as manufactured equipment. system that keeps the equipment
marine conditions that can lead to Paragraph (m)(5) addresses structural properly located on the vessel is
boom/equipment failure. and access requirements for the barge, essential for maintaining stability. In
As defined in 1926.1401, a floating pontoon, vessel, or other means of addition, land cranes/derricks have less
crane/derrick includes equipment built flotation. These requirements are related capacity when on a vessel/flotation
either by a manufacturer or by the to the stability of the vessel, including device than when on land, due to the
employer using the equipment. Both minimizing movement while operating fact that the crane/derrick is not
types must meet the criteria in equipment, thereby increasing employee originally designed for the special
1926.1437(m)(1) through (m)(3). safety by reducing the likelihood of conditions on a vessel/flotation device.
These provisions are designed to capsizing. Consequently, the employer must adjust
prevent the crane/derrick portion of the Paragraph (m)(5)(i) requires the vessel the rated capacity of the crane/derrick
equipment from failure due to to be structurally sufficient to withstand when used on the vessel/flotation
overloading, thereby, preventing the the stress of both static and dynamic device. If not properly determined, the
vessel/flotation device from capsizing. loads of the crane/derrick when land crane/derrick may be overloaded,
Paragraph (m)(1) requires that load operating at the crane/derricks which can cause loss of stability
charts applicable to operations on water maximum rated capacity with all (including tip-over) and boom/
not be exceeded. Paragraph (m)(2) planned deck loads and ballasted equipment failure, thereby endangering
establishes criteria (in Table M1) for compartments. This provision is employees.
maximum allowable list and trim necessary to minimize the likelihood of Paragraph (n)(1) sets forth the
relative to the rated capacity of the the vessels structure failing, which requirements for determining the rated
equipment. Section 1926.1437(m)(3) would expose employees to a drowning capacity for land cranes/derricks used
provides two charts that set the stability hazard, or endanger them because of on a vessel/flotation device. Load charts
criteria for specific conditions. The first inadvertent movement during for this equipment developed for use on
of these charts (Table M2) contains the equipment operations. land do not address the use of the
minimum requirements to maintain Paragraph (m)(5)(ii) requires a equipment on a flotation device or the
stability with respect to wind speed and subdivided hull with at least one environmental conditions of a marine
freeboard distance of the vessel/flotation longitudinal watertight bulkhead to worksite. Therefore, under
device. The second chart (Table M3) reduce the free surface effect on the 1926.1437(n)(1)(i), the rated capacity
addresses the backward stability of the vessel. Subdividing the hull limits the (as depicted in the load charts) must be
boom.
effects of liquid movement on vessel reduced for list, trim, wave action, and
The Agency requested public stability, thereby, reducing the risk of wind.
comment on a definition of freeboard as the vessel capsizing. In establishing the rated capacity for
it is used in Table M2. In response, a Paragraph (m)(5)(iii) requires void use on the vessel/flotation device, the
commenter offered this definition: compartments to be accessible for capacity of the vessel/flotation device
Freeboard is the vertical distance inspection and pumping. This also must be considered. Since some
between the water line and the main requirement ensures that the employer locations on the vessel/flotation device
deck of the vessel. (ID0383.1.) This evaluates the amount of water in the will have less ability to support the
crane/derrick than others, under fail, and to protect against overloading professional engineer familiar with
1926.1437(n)(1)(ii), the rated capacity the vessel/flotation device land/crane floating crane/derrick design, or a
must be applicable to a specified derrick. qualified person familiar with floating
location(s) on the vessel/flotation Even though OSHA received no crane/derrick design. The Agency
device. This assessment must be made comments on these two paragraphs, it is determined that expertise in floating
considering the expected and retaining the paragraphs in the final rule crane/derrick design is necessary to
encountered environmental conditions. because maintaining proper list and design a securing system that meets the
Paragraph (n)(2) specifies that the trim, as well as buoyancy, is critical to selected options requirements and to
modification to rated capacity required the stability of the vessel/flotation prevent inadvertent movement of the
by 1926.1437(n)(1) of this section must device, which will prevent the vessel/ equipment on the vessel/flotation
be performed either by the manufacturer flotation device from capsizing and device.
of the equipment or by a qualified endangering employees. OSHA received no comments on any
person with expertise in both land Paragraph (n)(5) sets forth four of the requirements in proposed
crane/derrick capacity and the stability options for securing 139 the land crane/ paragraph (n)(5). Consequently, OSHA
of vessels/flotation devices. derrick on the vessel/flotation device. is retaining this paragraph in the final
Performance by a qualified person will Providing several options to employers rule because properly securing land
achieve equivalent operational safety addresses the various of work scenarios crane/derrick on the vessel/flotation
conditions as for the modified floating found in the industry. Each option is device will maintain the stability of the
cranes/derricks. In the proposed rule, effective in preventing the land crane/ vessel/flotation device, thereby
OSHA (at the request of the SBREFA derrick from rolling, sliding, or in any preventing the vessel/flotation device
Panel) requested public comment as to way shifting away from its proper from capsizing and endangering
whether qualified persons are available location. These horizontal movements employees.
in the industry with expertise in both can cause the vessel/flotation device to Paragraph (n)(6) 140 provides an
land crane/derrick capacity and the become unstable, or the land crane/ exception stating that an employer does
stability of vessels/flotation devices derrick to slide or fall into the water. not have to secure mobile auxiliary
with respect to equipment performing Additionally, OSHA determines that an cranes as required by paragraph (n)(5)
duty-cycle work (73 FR 59864, Oct. 9, exception is appropriate for use of when the employer demonstrates that
2008). Two commenters responded to mobile auxiliary cranes on a vessel. The specific conditions have been met.
this inquiry by stating that qualified requirements for this type of equipment Typically, the movement of the mobile
persons are available in the industry are specified by 1926.1437(n)(5)(vi). crane on these vessels does not
with expertise in both land crane/ Paragraphs (n)(5)(i) through (iv) adversely affect the stability of the
derrick capacity and stability of vessels provide the four options for securing the floating crane/derrick because of the
with respect to equipment performing land crane/derrick to the vessel/ large size, displacement and design of
duty-cycle work. (ID0205.1; 0213.1.) flotation device. The options for the floating crane/derrick. The size and
OSHA also requested comment from preventing equipment shifting include design of the floating crane/derrick also
the public on whether the requirements direct physical attachment, corralling, a makes it less susceptible than other
of (n)(2) are necessary for the safety of rail system or a centerline cable system. vessels to the effects of wind, waves,
employees when equipment is engaged These options serve to prevent and other environmental conditions.
in duty cycle work. Two commenters inadvertent movement of the equipment OSHA finds that when the employer
found that these requirements are away from its proper location on the demonstrates meeting the criteria
necessary for safety when equipment is vessel/flotation device, which can harm specified by 1926.1437(n)(6)(v) and
engaged in duty cycle work. (ID0205.1; employees working nearby, or such (vi), employees will receive adequate
0213.1.) Another commenter supported movement can endanger employees by protection from inadvertent horizontal
this position by noting instances when capsizing the vessel. However, it is not movement of a mobile crane located on
the input of a qualified person is needed the deck of a floating crane/derrick.
the purpose of these options to prevent
since the list and trim of the vessel can Under paragraph (n)(6)(i), a written
any portion of the land crane/derrick
affect the rated capacity of the plan that is developed and signed by a
from pulling vertically up from the deck
equipment. (ID0345.26.) Based on marine engineer, or a registered
when handling loads beyond the land
these comments, and the employee professional engineer familiar with
crane/derricks rated capacity. Rather,
protection afforded by the requirements floating crane/derrick design, is
these options will prevent horizontal
of paragraph (n)(2), OSHA is including required. OSHA finds that developing a
rolling or shifting away from the land
these requirements in the final rule as written plan for the use of these cranes
crane/derricks proper location.
proposed. requires specialized knowledge and
Paragraph (n)(3) sets parameters for Paragraph (n)(5)(v) requires that the
option selected for securing the skill because of the catastrophic
the maximum allowable list and trim for consequences to employees that could
the vessel/flotation device and the land equipment on the vessel be designed by
a marine engineer, a registered result if the task is not performed
crane/derrick to ensure vessel and correctly.
crane/derrick stability and to prevent 139 In this preamble the Agency uses the term Paragraph (n)(6)(ii), requires that the
the crane/derrick from exceeding its securing and secured to refer collectively to the written plan be developed so that the
rated capacity. Under paragraph (n)(4), systems described in Options (1)(4) in applicable requirements of 1926.1437
when a land crane/derrick is used on a 1926.1437(n)(5)(i) through (iv). The Agency notes are met despite the position, travel,
flotation device, all deck surfaces must that this definition differs from the term positively
secured in subpart N in former 1926.550(f)(1)(iv), operation, and lack of physical

be above water and the entire bottom which required that mobile cranes on barges shall attachment, corralling, use of rails, or
area must be submerged. This provision be positively secured. As OSHA stated in a letter use of cable system of the mobile
is necessary to ensure a stable platform of interpretation, the term positively secured in auxiliary crane. For example, a section
when operating the land crane/derrick, the subpart N means physically attachedsimilar
to the type of system described in Option (1) of of the plan could address a vessels
to protect against loads that would paragraph (n)(5)(i). (See OSHAs interpretation
cause the system used to secure the land letter to Mr. Gary C. Hay, October 12, 2004 (ID 140 Formerly paragraph (n)(5)(vi) in the proposed
crane/derrick (see 1926.1437(n)(5)) to 0014).) rule.
stability while it is operating within structural capacity of the vessel/ assembled or disassembled. They are
specified dynamic and environmental flotation device to support the land typically physically fastened to a
conditions (see 1926.1437(n)(6)(v) crane/derrick and the loads handled by building and enhance the utility of the
and (vi)), i.e., that the movement of the this equipment, as well as the stability property. The requirements of
vessel under these conditions does not of the vessel/flotation device. These 1910.179, the general industry
cause the mobile crane to shift provisions are designed to help prevent standard, and not subpart CC, apply to
horizontally, or that the maximum list unintended movement while operating these permanently installed overhead
and trim specified for vessel and mobile equipment and to prevent capsizing. and gantry cranes.
crane are not exceeded. OSHA finds these requirements In contrast, overhead and gantry
Under paragraph (n)(6)(iii), the plan necessary to provide a safe, stable work cranes used frequently for construction
must specify the areas of the deck where environment. OSHA received no activities are generally not permanently
the mobile auxiliary crane is permitted comments on this paragraph in the installed in a facility. They tend to be
to be positioned, travel, and operate. It proposed rule. However, as with more easily assembled or disassembled
must also specify the parameters (that paragraph (m)(5), OSHA is retaining this than their permanently installed
is, limitations) of such movements and paragraph in the final rule to ensure the counterparts. The determining factor of
operation. For example, a section of the stability of vessels/flotation devices whether an overhead or gantry crane is
plan could limit movement of the during crane/derrick operations, thereby or is not permanently installed is
mobile crane to a specified area without preventing employee exposure to whether or not it is regarded as a
a load, and to another specified area drowning, impact, and other hazards permanent part of the facility. If it is
while handling a load. associated with crane/derrick operations intended as a temporary installation or
Under paragraph (n)(6)(iv), the onboard vessels/flotation devices. meant to be removed from the property,
employer must mark the deck to then the overhead or gantry crane is not
identify the permitted areas for Section 1926.1438 Overhead and considered permanently installed, and
positioning, traveling, and operating the Gantry Cranes subpart CC applies. For example, if an
mobile crane. This provision is As defined in 1926.1401, overhead employer attaches the base of a gantry
necessary so that the operator and gantry cranes include overhead/ crane to a concrete slab at a building
maneuvers and operates the crane bridge cranes, semigantry cranes, construction site for use in constructing
within the permitted areas specified by cantilever gantry cranes, wall cranes, the building, that gantry crane would be
the plan, thereby ensuring the stability storage bridge cranes, launching gantry covered by the provisions in subpart CC.
of the vessel/flotation device and the cranes, and similar equipment,
safety of employees. irrespective of whether it travels on Paragraph (a) Permanently Installed
Under paragraph (n)(6)(v), the plan tracks, wheels, or other means. The Overhead and Gantry Cranes
must specify the dynamic and Committee developed this definition to Section 1926.1438(a) applies the
environmental conditions that have to reflect the wide range of this type of requirements of 1910.179, with the
be present for the mobile auxiliary crane equipment. exception of 1910.179(b)(1), to six
to move and operate on the vessel. Overhead and gantry cranes are listed types of cranes and others with
Under 1926.1437(n)(6)(v), if the commonly found on general industry as fundamentally similar characteristics,
specific dynamic and environmental well as construction worksites. when they are used in construction and
conditions are not present, the mobile Sometimes overhead and gantry cranes are permanently installed in a facility.
auxiliary crane must be secured installed in general industry facilities The requirements in subpart CC do not
according to one of the four options are used for construction purposes (for apply to these cranes. Section
outlined in 1926.1437(n)(5)(i) example, the overhead/gantry crane in a 1910.179(b)(1) sets forth the scope of the
through (iv). For example, the plan must factory is sometimes used when a part general industry standard as defined
address environmental conditions, such of the factory is being renovated). The under 29 CFR part 1910. It is excluded
as the maximum amount of wind and Committee determined that applying the to avoid any confusion that might arise
wave action permitted; if these general industry standard for overhead from having two separate scope
conditions are exceeded, the mobile and gantry cranes, 1910.179, to the use provisions applicable to 1926.1438(a).
crane must be secured using one of the of those cranes for construction work, Nonetheless, the types of overhead and
four options specified by rather than the requirements of new gantry cranes covered under
1926.1437(n)(5). While OSHA received subpart CC, would reduce compliance 1926.1438(a) and 1910.179(b)(1) are
no comments on the requirements of burdens without jeopardizing employee the same, in that they all share
this paragraph in the proposal, it is protection. All comments received fundamental characteristics. These
retaining this paragraph in the final agreed it is reasonable to require cranes cranes are grouped because they all
standard as proposed because a properly fitting this particular description to have trolleys and similar travel
prepared plan will ensure the structural comply with 1910.179 in lieu of characteristics.
integrity and stability of the vessel/ requirements imposed under this
subpart. Paragraph (b) Overhead and Gantry
flotation device, thereby protecting
The rule therefore distinguishes Cranes That Are Not Permanently
employees from drowning, impact, and
between permanently installed Installed in a Facility
other hazards.
Paragraph (n)(7) 141 contains overhead and gantry cranes and those Paragraph (b)(1) of this section
requirements regarding the barge, that are not permanently installed. provides the scope of 1926.1438(b). By
Overhead and gantry cranes its terms, 1926.1438(b) pertains to
pontoon, vessel or other means of

flotation on which the land crane/ permanently installed in a facility are overhead and gantry cranes, overhead/
derrick is located. The requirements considered an irremovable part of the bridge cranes, semigantry cranes,
1926.1437(n)(7) are identical to those property and are primarily used in cantilever gantry cranes, wall cranes,
listed at paragraph (m)(5) of this section. general industry but may, on rare storage bridge cranes, launching gantry
These requirements ensure the occasions, be used for construction cranes, and similar equipment having
activities. Generally, these cranes are the same fundamental characteristics,
141 Formerly paragraph (n)(6) in the proposal. installed in facilities and are not easily when they are used in construction and
are not permanently installed in a 1910.179: hoist, load, and sections are incorporated by reference:
facility. The words having the same runway. 21.3.1Foundations and Anchorages;
fundamental characteristics have been With respect to hoist and load, the 21.3.2Crane Runways; 21.4.1
added to be consistent with the definitions in 1926.1401 and Welded Construction; 21.6
language in 1926.1438(a). 1910.179(a) are similar but worded Lubrication; 21.7.2Ladders and
Paragraph (b)(2) specifies which differently. Hoist is defined in Stairways; 21.8.2Bridge Bumpers; 2
requirements apply to the equipment 1926.1401 as a mechanical device for 1.9.1Bridge Rail Sweeps; 21.9.2
identified in 1926.1438(b)(1). lifting and lowering loads by winding Trolley Rail Sweeps; 21.11Truck
Paragraph (b)(2)(i) requires overhead rope onto or off a drum. In 1910.179, Frame Drop; 21.12.2Hoist Control
and gantry cranes not permanently hoist is defined as an apparatus Braking Means; 21.13.7Lifting
installed in a facility to comply with which may be part of a crane, exerting Magnets; 21.14.2Drums; 21.14.3
1926.1400 through 1926.1414; a force for lifting and lowering. Load Ropes; 21.14.5Hooks; 21.15
1926.1417 through 1926.1425; is defined in 1926.1401 as the object Warning Devices or Means for a Crane
1926.1426(d); 1926.1427 through to be hoisted and the weight of the with a Power-Traveling Mechanism; 2
1926.1434; 1926.1437, 1926.1439, object being lifted or lowered, including 2.2.2Load Test; 23.2.1.1Planned
and 1926.1441 of subpart CC. Sections the weight of the load-attaching Engineered Lifts; and 23.5Crane
1926.1435, 1926.1436 and 1926.1440, equipment such as the load block, Lockout/Tagout, except that in 2
entitled Tower cranes, Derricks, and ropes, slings, shackles, and any other 3.5.1(b), 29 CFR 1910.147, the OSHA
Sideboom cranes, respectively, are not ancillary equipment. Section 1910.179 general industry Lockout/Tagout
applicable because they pertain to defines load as the total standard, is substituted for ANSI
different kinds of equipment. Sections superimposed weight on the load block Z244.1.
1926.1415, 1926.1416 and or hook. In both cases, the 1926.1401 When CDAC drafted
1926.1426(a)(c) do not apply because definition is clearer and more precise. 1926.1438(b)(2)(ii)(C), the current
they refer to devices not used on With respect to runway, the version of ASME B30.2 was the 2001
overhead and gantry cranes. 1926.1401 and 1910.179 definitions edition. That has since been superseded
Paragraph (b)(2)(ii) requires address different subject matter. The by a 2005 edition. OSHA notes that, in
employers to comply with the definition in 1926.1401 addresses the all material respects, the 2001 and 2005
requirements of 1910.179. criteria for a ground surface used as a versions of the provisions listed in
Paragraph (b)(2)(ii)(A) specifies the path of travel for a mobile crane 1926.1438(b)(2)(iii) are the same.
portions of 1910.179 that are traveling with a suspended personnel Except for sec. 21.8.2, the 2001 and
applicable to the equipment identified platform. The definition in 1910.179 2005 provisions are identical.
in 1926.1438(b)(1). The Committee refers to the rails, beams, and other Section 21.8.2 contains a wording
selected these requirements because structural components along which an change that does not substantively alter
each is a safety requirement that applies overhead or gantry crane travels. that provision. The 2001 version of sec.
to this type of crane regardless of Because the 1926.1401 definition of 21.8.2 contains the following
whether it is used in construction or runway does not pertain to overhead requirement, among others, for bridge
general industry. Other than certain and gantry cranes, the 1910.179 bumpers: energy-absorbing (or
definition applies under this section. -dissipating) capacity to stop the bridge
definitions (described below), these are
Paragraph (b)(2)(ii)(C) limits the when traveling with power off in either
the only provisions of 1910.179 that
application of 1910.179(b)(2) to direction at a speed of at least 40% of
apply to the equipment identified in equipment identified in rated load speed. In the 2005 version
1926.1438(b)(1). These requirements 1926.1438(b)(1) that was manufactured (or -dissipating) is changed to (or
are: before September 19, 2001. Section energy-dissipating). This is clearly a
1910.179(b)(5)Rated load marking 1910.179(b)(2) requires cranes clarification rather than a substantive
1910.179(b)(6)Clearance from manufactured after August 31, 1971, to change. Accordingly, OSHA has
obstruction comply with the design specifications in changed 1926.1438(b)(2)(iii) to refer to
1910.179(b)(7)Clearance between American National Standard Safety the 2005 version of ASME B30.2.
parallel cranes Code for Overhead and Gantry Cranes, When employers engaged in
1910.179(e)(1)Trolley stops ANSI B30.2.01967. As discussed construction work must lock or tag
1910.179(e)(3)Trolley bumpers below, equipment manufactured after components of overhead and gantry
1910.179(e)(5)Guards for hoisting September 19, 2001, must comply with cranes during maintenance and repair
ropes the updated provisions of ASME B30.2 work, 1926.1438(b)(2)(iii) requires
1910.179(e)(6)Guards for moving 2001. Section 1926.1438(b)(2)(ii)(C) is a them to comply with OSHAs general
parts transitional provision covering industry lockout/tagout standard at
1910.179(f)(1)Brakes for hoists equipment manufactured between 1910.147 instead of the ANSI lockout/
1910.179(f)(4)Brakes for trolleys and August 31, 1971 and September 19, tagout standard (ANSI Z244.1)
bridges 2001. OSHA has made minor referenced in sec. 23.5.1(b) of ASME
1910.179(g)Electric equipment grammatical revisions to (b)(2)(ii)(C) for B30.22005. The Committee determined
1910.179(h)(1)Sheaves clarity. that the OSHA general industry lockout/
1910.179(h)(3)Equalizers Paragraph (b)(2)(iii) incorporates tagout standard would be more
1910.179(k)Testing several sections of the 2001 version of accessible and familiar to employers in
1910.179(n)Handling the load ASME B30.2 into this section.
the construction industry than the ANSI

Section 1926.1438(b)(2)(ii)(B) states Previously, ANSI B30.2.01967 applied standard. Therefore, requiring
that the definitions in 1910.179(a), through subpart Ns former compliance with the OSHA standard
except for hoist and load, apply to 1926.550(d). The Committee agreed will promote compliance and, as a
equipment covered by 1926.1438(b). that the 2001 version should be used result, improve worker protection.
For those words, the definitions in because it is more comprehensive than One commenter suggested exempting
1926.1401 apply. Only three terms are the 1967 version and thus more all overhead and gantry cranes from the
defined in both 1926.1401 and conducive to safety. The following scope of subpart CC because they are
rarely used in construction. (ID0178.1.) qualification or certification; operators driving equipment continues to be
While OSHA understands they are of cranes used with a pile-driving covered by 1926.603, Pile driving
rarely used in construction, these cranes attachment must be qualified or equipment.
are at least occasionally used in certified under 1926.1427, and One commenter expressed support for
construction. Were the Agency to delete derricks are covered by 1926.1436, the inclusion of 1926.1439. (ID
this section entirely, these cranes which specifically states that 0158.1.) OSHA received no public
(overhead and gantry cranes used in 1926.1427, Operator qualification and comment in opposition.
construction) would not be explicitly certification, does not apply. See the
Paragraph (a)
covered by any OSHA standard. discussion above of 1926.1400
The same commenter reasoned that, regarding service trucks with hoisting This paragraph provides that the
because overhead cranes are primarily devices. As noted in the explanation of requirements of subpart CC apply to
used in general industry and 1910.179 1926.1427, OSHA has modified its dedicated pile drivers except as noted
does not require operator certification, operator certification requirements from elsewhere in this section. The Agency
an overhead crane operator who the proposed rule to address changed the words this standard to
performs construction work only certification of operators of equipment Subpart CC in the final rule. With the
occasionally would need to be certified for which no certification program exception of the clarification, this
for the occasional construction-related currently exists. provision is promulgated as proposed.
pick, but not for any other part of the Another commenter sought
Paragraph (b)
job. As explained above, the rule clarification on whether 1926.1438
distinguishes between permanently applies to permanently installed Paragraph (b) of this section provides
installed overhead and gantry cranes, overhead and gantry cranes located in that the requirements of
which are primarily used in general facilities that may also involve 1926.1416(d)(3) do not apply to
industry, and those that are not construction related activities. (ID dedicated pile drivers. Section
permanently installed, which are 0162.1.) As explained above, this 1926.1416(d)(3) requires that cranes
primarily used in construction work. section applies to permanently installed manufactured after February 28, 1992,
The Committee determined that overhead and gantry cranes that are be equipped with anti-two-blocking
applying the general industry standard used in construction. Section devices. This does not apply to
( 1910.179) to overhead and gantry 1926.1438(a) clearly states that the dedicated pile drivers. As explained in
cranes that are permanently installed in requirements of 1910.179, except for the discussion of 1926.1416(d)(3), anti-
a facility and used for construction 1910.179(b)(1), apply to these cranes; two-block devices are not required
would reduce compliance burdens in these instances, the requirements of during pile driving operations because
without jeopardizing employee subpart CC would not apply. Section the heavy repetitive forces imposed on
protection. However, the use of 1926.1438 does not apply to such devices during pile driving cause
overhead and gantry cranes that are not permanently installed overhead and the devices to malfunction.
permanently installed in a facility, gantry cranes that are merely located in For discussion of alternative
which are more frequently used for a facility that may also be involved in requirements to anti-two-blocking
construction, presents concerns about construction activities. The crane itself devices when hoisting an employee
employee safety that are particular to must be used in construction activities during pile driving operations, see
the construction environment. For these to trigger 1926.1438. 1926.1431(p)(2). No comments were
overhead and gantry cranes, the Except as explained above, the received for this paragraph; it is
Committee applied the safety Agency has therefore promulgated this promulgated as proposed.
requirements in 1910.179, which provision as proposed.
Paragraph (c)
apply whether the crane is used in
Section 1926.1439 Dedicated Pile Paragraph (c) of this section provides
general industry or construction, along
Drivers that the requirements of
with portions of subpart CC to address
the specific concerns about cranes used This section covers equipment that is 1926.1416(e)(4) (load weighing and
in construction. OSHA agrees. designed to function exclusively as a similar devices) are applicable only to
The commenter recognized the pile driver, as defined in 1926.1401. dedicated pile drivers manufactured
Committees concern when he stated Unlike the other equipment covered by more than one year after the effective
that, unlike operators of rented or this subpart, dedicated pile drivers are date of this final rule. A load weighing
subcontracted mobile cranes, employers not designed primarily to hoist, lower, and rated capacity device provides the
that deal with overhead cranes are very and horizontally move suspended loads. operator of a dedicated pile driver with
aware of the qualifications of their However, the Committee decided that a reliable load weight prior to each lift
operators. (ID0178.1.) OSHA the scope of this standard should cover to prevent equipment overload. CDAC
determines that non-permanently dedicated pile drivers because their found that a phase-in period was
installed overhead and gantry cranes functions, and related hazards, are necessary because of the technical
used in construction present the same similar to those of cranes. For a challenges in designing this device to
concerns as rented or subcontracted complete discussion of the rationale for work consistently and reliably on a
mobile cranes. the coverage of dedicated pile drivers by dedicated pile driver.
Finally, the commenter suggests that this standard, see the discussion in the OSHA solicited public comment on
1926.1438 requires operator proposed rule at 1926.1400, Scope (73 the availability of load-weighing or
certification for certain classes of lifting rated capacity devices for dedicated pile
FR 59714, 5972759728, Oct. 9, 2008).

equipmentpile drivers, derricks, and As discussed below, most of the drivers and the related issue of whether
service trucks with hoisting devices provisions of this subpart apply to a date other than one year after the
for which no certification programs dedicated pile drivers; however, this effective date of this standard would be
currently exist. These three types of section includes provisions that address an appropriate date for application of
lifting equipment are not covered by the unique characteristics of such this requirement. OSHA received no
1926.1438: Dedicated pile drivers are equipment. In addition to the public comment regarding the phase-in
covered by 1926.1439, which requires requirements of this subpart, pile requirements. The Agency changed the
words this standard to Subpart CC in as proposed, are now dealt with in the equipments design, but neither
the final rule. With the exception of the 1926.1427(b)(2), which covers commenter provided any explanation as
clarification, this provision is dedicated pile drivers as well as other to why the final rule should exempt
promulgated as proposed. types of equipment covered by subpart such equipment. (ID0205; 0213.) As
CC. discussed above, OSHA decided to
Paragraph (d)
exempt sideboom cranes from several
Paragraph (d) of this section provides Section 1926.1440 Requirements for
provisions of the final rule. Absent any
that for 1926.1433, only paragraphs (d) Sideboom Cranes
justification to provide additional relief
and (e) of 1926.1433 apply to Sideboom crane is defined in for small-capacity sideboom cranes,
dedicated pile drivers. Paragraphs (d) 1926.1401 as a track-type or wheel- OSHA concludes that the exemptions
and (e) of 1926.1433, Design, type tractor having a boom mounted on already provided in the final rule are
construction and testing, are applicable the side of the tractor, used for lifting, appropriate, and will ensure the safety
to all equipment covered by this lowering or transporting a load of workers who operate these cranes.
subpart, whereas the other provisions suspended on the load hook. The boom
are applicable to specific types of or hook can be lifted or lowered in a Paragraph (b)
equipment and are not relevant to vertical direction only. No comments This paragraph addresses the hazards
dedicated pile drivers. (See discussion were submitted on this definition; it is posed by boom free fall (that is, live
in 1926.1433 for further explanation.) promulgated as proposed. (See the booms). As noted above in the
In the proposed rule this paragraph discussion in the proposed rule discussion of 1926.1426 (Free fall and
referred to 1926.1433(e) and (f); this explaining this definition at 73 FR controlled load lowering), in general,
was a clerical error. For the proposed 59868, Oct. 9, 2008.) the use of equipment with live booms is
rule, 1926.1433 had been renumbered This section identifies which of the prohibited. However, equipment
from what was in the CDAC consensus other sections of the final rule apply to manufactured before the ANSI B30.5
document, but paragraph (d) did not get this equipment and sets additional series prohibited live booms may use
updated accordingly. OSHA has made requirements. The limited requirements live booms under conditions specified
this correction in the final rule. With the for sideboom cranes, compared to the in 1926.1426(a)(2). The prohibition in
exception of the corrected referencing, requirements for other types of cranes, 1926.1426 applies to equipment
this provision is promulgated as reflect the particular construction and manufactured on or after October 31,
proposed. limited functions of sideboom cranes. 1984. Equipment manufactured before
Sideboom cranes are of a limited that date may only use live booms when
Deletion of Proposed Paragraph (e)
capacity and require a relatively simple none of the free fall prohibitions
The Committee concluded that there operation. outlined in 1926.1426(a)(1) are
was no reason to exclude dedicated pile present.
drivers from the requirements of Paragraph (a)
OSHA received no comments on
1926.1427, Operator qualification and Section 1926.1440(a) of the final rule proposed 1926.1440(b). Therefore, in
certification. The Committee was states that the provisions of this the final rule, this paragraph will retain
concerned, however, that because of the standard apply with the exception of the approach to live booms described in
relatively few dedicated pile drivers in 1926.1402, Ground conditions, the proposal. Accordingly, final
use, there would not be adequate market 1926.1415, Safety devices, 1926.1416, paragraph (b) of this section applies an
demand to support the availability of Operational aids, and 1926.1427, approach to live booms used with
certification testing specific to such Operator qualification and certification. sideboom cranes that is similar to the
equipment. For the same reasons, the As noted in the preamble to the approach discussed above for
Committee was concerned about the proposed rule, the Committee exempted 1926.1426. The only difference is the
availability of auditors for auditing sideboom cranes from the requirements cut-off date of manufacture for
employer qualification programs for of these four sections because the sideboom cranes with live booms. As
dedicated pile driver operators. CDAC Committee determined that, in light of explained above in the discussion of
concluded that any lack of qualification the limited capacity and relative 1926.1426(a)(2), in light of the history
or certification services specific to simplicity of operation of sideboom of the ANSI B30.5 prohibition against
dedicated pile drivers would be cranes, these requirements would be live booms, most equipment covered by
alleviated by allowing qualification or unnecessary (73 FR 59868, Oct. 9, 2008). this standard manufactured after
certification on similar equipment, so During the SBREFA process, one October 31, 1984, does not have live
proposed paragraph (e) of this section Small Entity Representative (SER) raised booms. In contrast, the ANSI/ASME
read: a question as to whether small sideboom standards applicable to sideboom cranes
Section 1926.1427 (Operator qualification cranes incapable of lifting above the (ANSI/ASME B30.14) have never
and certification) applies, except that the height of a truck bed and with a prohibited live booms. As a result,
qualification or certification shall be for capacity of not more than 6,000 pounds sideboom cranes with live booms
operation of either dedicated pile drivers or should be covered by the proposed rule. continued to be manufactured after
equipment that is the most similar to This SER recommended that these small 1984. Consequently, under
dedicated pile drivers. sideboom cranes be exempted from the 1926.1440(b), to avoid undue burden
After reviewing comments regarding scope of subpart CC. Accordingly, on employers, OSHA is designating the
1926.1427, OSHA decided to add OSHA asked for public comment about cut-off date of manufacture for
language similar to proposed the appropriateness of such an sideboom cranes with live booms as the
1926.1439(e) to 1926.1427. See exemption (see 73 FR 59868, Oct. 9, effective date of this final standard.
discussion of 1926.1427(b)(2). In light 2008). Two commenters responded to Therefore, employers may continue to
of that change, OSHA has decided that this issue. (ID0205; 0213.) Both use sideboom cranes manufactured
it is not necessary to include proposed commenters expressed their belief that prior to this date in which the boom is
1926.1439(e) in the dedicated pile such equipment should be exempted designed to free fall, except under the
driver section of the final rule. The from the final rule unless the equipment conditions specified in
concerns addressed by that paragraph, is being used outside the parameters of 1926.1426(a)(1). OSHA determines
that these conditions will increase Section 1926.1441 Requirements for operation because the soil at new-home
employee safety compared to current Equipment With a Rated Hoisting/ construction sites is often disturbed. In
practices. No comments were submitted Lifting Capacity of 2,000 Pounds or Less addition, there may be voids, such as
on this paragraph; it is promulgated as Section 1926.1441 establishes the conduits and sewers, underneath the
proposed. requirements applicable for equipment soil around existing homes. Power lines
with a maximum-rated hoisting/lifting also are common at these sites.
Paragraph (c) Furthermore, cranes used in residential
capacity of 2,000 pounds. The section
As drafted by CDAC, this paragraph covers equipment designed and built at construction not only hoist loads to
would have required that sideboom the jobsite, as well as manufactured structures, but also hold loads in
equipment. In the proposal, the position during installation activities,
cranes meet specific requirements of
introductory paragraph used the term often with significant boom extension.
ASME B30.141996 (Side Boom
manufacturer-rated that appeared in A representative from a major crane-
Tractors), as amended by ASME
the CDAC Document. OSHA requested rental company shared similar concerns
B30.14a1997, B30.14b1999, and
during the public hearing about the
B30.14c2001. After the Committee public comment on this whether to use
hazards of boom trucks used to perform
completed its work, ASME consolidated the term rated instead of
relatively light lifts in support of
the requirements of the 1996 standard manufacturer-rated to clarify that the
residential-construction activities. (ID
and the amendments into ASME section applied to both jobsite-built and
0344.) This witness stated that boom-
B30.142004. Final 1926.1440(c) manufactured equipment. OSHA
truck cranes present greater risk of tip
incorporates by reference several received only two comments, and both
over than larger cranes with wider
sections of ASME B30.142004 into the commenters supported this revision
outrigger bases and greater stability, and
same 12 subparagraphs described in the because it would clarify application of
that an inexperienced operator with a
proposed rule. While OSHA received no the section. (ID0205.1; 0213.1.)
rented crane (i.e., bare rental) may not
comments to proposed 1926.1440(c), it Therefore, OSHA made the proposed have this knowledge. This witness
decided to retain these 12 revision in the final rule. believed that the operators of bare rental
subparagraphs in the final rule because OSHA also solicited public comment
cranes do not completely understand
the Committee determined that these on whether the maximum rated capacity
how much the capacity of the
ASME requirements are necessary and for application of this section should be
equipment decreases as the boom
appropriate for sideboom cranes, and revised because of crane-technology
extends further. The witness described
represent current best practices for the advancements or other considerations.
crane incidents in which operators of
industry. Two commenters, one from the sign- small cranes tipped equipment or
installation industry and the other from dropped bundles of roofing materials at
The 12 subparagraphs retained in the utilities industry, commented that
1926.1440(c) of the final rule refer to residential-construction sites, and
OSHA should increase the maximum provided numerous photographs of
the following sections of ASME B30.14 rated capacity cut-off for application of
2004: 141.1 (Load Ratings); 141.3 crane failures at these sites. (ID0345.7.)
this section to not more than 10,000 Two commenters stated that they
(Side Boom Tractor Travel); 141.5 pounds. (ID0162.1; 0189.1.) The sign-
(Ropes and Reeving Accessories); 14 believe the 2,000-pound limit is
installation representative commented appropriate. (ID0205.1; 0213.1.)
1.7.1 (Booms); 141.7.2 (General that the operator-qualification
RequirementsExhaust Gases); 14 Discussion at the hearing also addressed
requirements of 1926.1441 would the appropriateness of the 2,000 pound
1.7.3 (General Requirements encourage employers to use smaller
Stabilizers (Wheel-Type Side Boom capacity limitation. For example, a
cranes at or near their maximum rated representative of a major local
Tractors)); 141.7.4 (General capacity. This commenter indicated that government testified about the citys
RequirementsWelded Construction); using 2,000-pound rated-capacity experiences with smaller cranes, and
141.7.6 (General requirements equipment in such a way is less safe explained that smaller cranes, like some
Clutch and Brake Protection); 142.2.2 than using higher capacity equipment, knuckle-boom cranes, lift heavier loads
(TestingRated Load Test), except which would be operated below its and extend their booms further than
that it applies only to equipment that rated capacity, and at a more optimum older cranes, allowing materials-
has been altered or modified; paragraph boom angle. The utilities-industry delivery personnel at construction sites
(a) of 143.1.2 (Operator commenter suggested coupling the to position and hold materials for
Qualifications) except that the phrase 10,000 pound cut-off with a boom contractors during installation and
when required by law is omitted; length of 25 feet. A representative from erection activities. (ID0342.) The city
paragraphs (e), (f)(1)(f)(4), (f)(6), (f)(7), the materials-delivery industry testified representative stated that, when
(h), and (i) of 143.1.3 (Operating during the hearing of the proposed rule employers perform these activities with
Practices), and paragraphs (j), (l), and that OSHA should exempt truck- greater capacity equipment, employers
(m) of 1926.143.2.3 (Moving the mounted articulated-boom loaders of typically plan for those operations;
Load). Regarding the last four of these 10,000 pounds or less, stating that the however, the same planning is not
sections, OSHA is stipulating State of California has such an necessarily done by employers when
exceptions, or requiring employers to exemption. (ID0343.) using smaller capacity equipment for
comply with only specified provisions. Another commenter, from the home- the same activities (i.e., lifting, moving,
OSHA wanted to avoid any duplication, building industry, believed that OSHA and landing materials).
conflicts or possible confusion, so the should raise the capacity cut-off to
After reviewing the comments and

final rule does not incorporate 70,000 pounds and 120 feet of boom testimony received on this issue, OSHA
provisions of the ASME standard that because this industry frequently finds no persuasive evidence that
deal with issues addressed by other performs light load lifts such as hoisting justifies revising the capacity cut-off for
provisions of this standard. The roofing and framing materials. (ID the application of the requirements
incorporated provisions consist of 0232.) OSHA notes that the ground 1926.1441. The record provides no
requirements that are specific to conditions at residential construction evidence that the hazards are different
sideboom cranes. sites are often hazardous to crane for equipment in the rated capacity
range from 2,000 to 10,000 pounds than sections, and OSHAs rationale for of the equipment be developed and
the hazards associated with equipment including them in the final rule. signed by a professional engineer
not covered by 1926.1441. The myriad Because 1926.1403 and 1926.1406 are familiar with the equipment. The
hazards addressed by this standard, included in paragraph (a), OSHA has Committee concluded that, because the
including, for example, inadequate modified the language in paragraph type and complexity of engineering
ground conditions, power lines, (b)(1) for clarity. The requirements set analysis needed to develop safe
ineffective signal communications, forth under paragraph (b)(2) duplicate procedures related to capacity, a
overloading, and inadequate operator the requirements specified by registered professional engineer who is
knowledge/ability, also are applicable to 1926.1404(m)(1), (m)(1)(i), (m)(1)(ii), familiar with the equipment must
equipment in this capacity range. As (m)(2), and (n) of this subpart; see the perform this task. The Committee also
noted in the discussion of 1926.1427, discussion under 1926.1404(m) and agreed that signing the procedures was
some hazards may be increased because (n) of this preamble for an explanation necessary to ensure that the engineer
these cranes are often used in tight of these provisions, and OSHAs performed the task with the requisite
spaces. Therefore, OSHA determines rationale for adopting them in the final level of care.
that the cut-off point of 2,000 pounds or rule. No commenters responded to the
less as proposed is appropriate. This Paragraph (b)(3) requires employers to provisions of proposed paragraph (c).
conclusion is consistent with the comply with manufacturer prohibitions OSHA is adopting these provisions in
judgment of the Committee as described for equipment covered by this section. the final rule as proposed because (1)
in the proposal (73 FR 59869, Oct. 9, The same requirement applies to higher- the provisions are consistent with the
2008). capacity equipment under consensus reached by the Committee,
Paragraph (a) of this section lists the 1926.1404(n). OSHA received no and (2) will ensure that, absent
provisions of this subpart that apply to comments on the proposed paragraph manufacturer procedures, employers
equipment covered by this section. and is including the provision in the develop procedures that will protect
OSHA did not receive any comments on final rule as proposed because the workers as effectively as operating
proposed paragraph (a) and is deferring Committee agreed that manufacturers procedures developed by the equipment
to the Committees determination that prohibitions are designed to prevent manufacturer when implemented as
the hazards addressed by these hazards that can arise with the use of required.
provisions apply irrespective of the their products. Paragraph (c)(3) of the final rule
equipments rated capacity. For Paragraph (c) of this section specifies addresses the provision of operating
example, the dangers associated with procedural requirements for operating information to the equipment operator.
making electrical contact with a power the equipment. Paragraph (c)(1) requires Equipment covered by this section may
line do not depend on the lifting the employer to comply with all not have an operators cab; therefore,
capacity of the equipment, so CDAC manufacturer procedures applicable to paragraph (c)(3)(i) requires that the load
determined that 1926.1407 equipment operation, including chart be made available to the operator
1926.1411 on power line safety should equipment operation with attachments. at the control station rather than in the
apply to all equipment regardless of The same requirement applies to higher- cab. The Committee developed this
rated capacity. Similarly, the other capacity equipment under provision to prevent cranes from being
provisions listed in this paragraph apply 1926.1417(a). OSHA received no used to perform operations beyond their
to equipment with a rated capacity of comments on the proposed paragraph rated capacities. The Committee
2,000 pounds or less to the same extent and is including the provision in the determined that the load chart must be
that those sections apply to that type of final rule as proposed because the readily available to crane operators
equipment with a rated capacity in Committee agreed that manufacturer since capacity varies according to a
excess of 2,000 pounds. To avoid procedures are designed to prevent variety of factors addressed in such
confusion, OSHA is including hazards that can arise with the use of charts, including, for example, boom
references in this final paragraph (a) to their products. length, radius, boom angle, and
provisions located and required in other The requirements in paragraph (c)(2) equipment configuration. OSHA
paragraphs of proposed 1926.1441. apply to equipment for which received no comments on the proposed
Therefore, paragraph (a) now also manufacturer operating procedures are paragraph and is including the
references 1926.1403, 1926.1406, unavailable. Under these conditions, provision in the final rule as proposed
1926.1412(c), and 1926.1425 (except paragraph (c)(2)(i) requires the employer based on the rationale provided by the
1926.1425(c)(3)). to develop, and ensure compliance Committee
Paragraph (b) of this section sets forth with, the procedures necessary for the Under paragraph (c)(3)(ii), employers
requirements for the assembly/ safe operation of the equipment and its must ensure that required procedures,
disassembly of cranes covered by this attachments. recommendations, warnings,
section, and duplicates requirements Paragraph (c)(2)(ii) specifies that the instructions, and operators manual be
specified elsewhere in this subpart. In employer must ensure that a qualified readily available for use by the operator.
this regard, paragraph (b)(1) requires person develops the procedures for Again, this provision covers equipment
that equipment covered by this section operational controls. The Committee with and without a cab. The consensus
meet the requirements of 1926.1403 concluded that, because these of the Committee was that operators
and 1926.1406 for assembly/ procedures are highly complex and must have easy access to the
disassembly, while paragraph (b)(2) critical to operational control of the information in these materials to operate
consists of requirements for the equipment, a qualified person has the the equipment safely. No comments
components and configuration of high degree of expertise necessary to were received on this provision and
equipment covered by this section. ensure proper development of the OSHA is including this provision in the
OSHA received no comments on these control procedures. final rule as proposed.
two paragraphs. Paragraph (b)(1) refers When the employer develops the When rated capacities are available at
to 1926.1403 and 1926.1406 of this operating procedures for this the control station only in electronic
subpart, and the preamble discussion equipment, paragraph (c)(2)(iii) requires form and a failure occurs that makes the
above provides an explanation of these that procedures related to the capacity rated capacities inaccessible, paragraph
(c)(3)(iii) requires employers to ensure hoist line and the boom tip, which construction jobs that require higher-
that the crane operator immediately occurs during a two-block situation. capacity equipment. (ID0189.) The
ceases operations or follows safe shut- Such contact can lead to a damaged or second commenter stated that
down procedures until the rated severed load line, as well as other types certification of the operators of low-
capacities become available again. The of equipment failure. capacity cranes is unnecessary in the
Committee agreed that it is unsafe to The Committee agreed to provide home-building industry, but offered no
continue to operate the equipment if the employers with discretion to choose rationale for this position. (ID0232.)
rated capacities are inaccessible to the between two options for eliminating OSHA notes that the problem of
operator. No comments were received two-block hazards. The first option overloading equipment would exist
on this provision and OSHA is adopting prevents a two-block situation from even at a higher cut-off point. The only
this requirement in the final rule as occurring, while the second option way to eliminate this problem would be
proposed. prevents equipment damage and load to require operator qualification/
Paragraph (d) of this section specifies failure if a two-block situation occurs. certification pursuant to 1926.1427 for
requirements for safety devices and The Committee determined that, for the all equipment, including equipment
operational aids for the equipment. In equipment cover by this section, each covered by this section. The Committee
this regard, paragraph (d)(1) requires option protects employees equally well. concluded that it is appropriate to
that employers maintain safety devices Regarding the first option, the anti two- exempt lower-capacity equipment from
and operational aids that are part of the block device used must meet the the operator qualification/certification
original equipment in accordance with requirements for such devices specified requirements of 1926.1427. Consistent
manufacturer procedures. (Note: This by 1926.1416(d)(3). Paragraph (d)(3) of with the Committees consensus, OSHA
requirement applies to anti two-block 1926,1416 addresses two types of anti finds that training operators in the safe
devices used on equipment covered by two-block devices: the warning type, operation of the equipment as required
this section manufactured before the and the automatic-prevention type (see by this final standard reduces the
effective date of this final standard; see the discussion of these devices above likelihood of accidents and injuries by
discussion of anti two-block device under 1926.1416(d)(3) of this minimizing operator error; therefore, the
under paragraph (d)(3) below.) The preamble). The type required depends operator certification/qualification
Committee determined that the full on the type of crane and the date of procedures required for higher-capacity
range of safety devices and operational manufacture. However, equipment under 1926.1427 are not
aids required by 1926.1415 and 1926.1416(d)(3) requires that necessary for this lower-capacity
1926.1416 of this subpart were not employers use the automatic-prevention equipment.
generally needed for the safe operation type on equipment manufactured more Under paragraph (f) of this section,
of this low-capacity equipment. than one year after the effective date of employers must ensure that signal
However, the Committee also concluded this final standard. Therefore, since the persons are trained in the proper use of
that, if the manufacturer included such requirement in 1926.1441(d)(2) only signals applicable to the use of
devices or aids, it is probable that the applies to equipment manufactured equipment covered by this section.
manufacturers design relies on them more than one year after the effective Although the equipment covered by this
working properly for the equipment to date of this final standard, and to section has a low capacity, in some
operate safely. Therefore, it is remain consistent with circumstances its safe operation
appropriate for the standard to require 1926.1416(d)(3), the anti two-block depends on signals given by a signal
them to be maintained in accordance device used on equipment covered by person. Accordingly, this paragraph
with the manufacturers procedures. No this section must be the automatic- ensures that communication between
comments were received on this prevention type. The Committee the crane operator and the signal person
provision and OSHA is retaining this concluded that it would be is clear and effective. However, the
paragraph in the final standard as inappropriate to apply this requirement Committee concluded that the
proposed. to equipment manufactured before comprehensive signal-person
Under paragraph (d)(2), employers either a voluntary consensus standard or qualification procedures required for
must ensure that the equipment covered Federal requirement is in place. higher-capacity equipment under
by this section and manufactured more Therefore, this paragraph applies to 1926.1428, Signal person
than one year after the effective date of equipment manufactured more than one qualifications, are not needed for this
this final standard be equipped either year after the effective date of this final equipment. OSHA received no
with an anti-two block device that meets standard. comments on proposed paragraph (f)
the requirements of 1926.1416(d)(3), or OSHA received no comments on any and is including the provision in the
be designed so that no damage or load provision of proposed paragraph (c). final rule as proposed based on the
failure occurs in the event of a two- Based on the Committees rationale for rationale provided by the Committee.
block situation. The provision also these provisions, and the increased Proposed paragraph (g) of this section
identifies an example of equipment safety afforded to employees, OSHA is required that equipment covered by this
designed to prevent equipment damage adopting these provisions in the final section comply with 1926.1425,
load failure, i.e., when the power unit of rule as proposed. Keeping clear of the load, except for
the machine stalls in the event of a two- Paragraph (e) of this section requires 1926.1425(c)(3); 1926.1425(c)(3)
block situation. In such a case, the that, before operating equipment, specifies that materials be rigged by a
power unit does not have sufficient employers train operators on the safe qualified rigger. The Committee
operation of the type of equipment the determined that, in light of the limited
power to cause the load to fail or to

damage the equipment. Instead, when operator will be using. OSHA received capacity of this equipment, it was
the two-block situation occurs, the two comments on the proposed unnecessary to require a qualified
power unit stalls, which prevents the paragraph. The first commenter believed rigger. OSHA received no comments on
load from falling. The purpose of this the 2,000 pound cut-off was too low the proposed provision and is deferring
paragraph is to prevent equipment and, because the operators would not to the Committees determination. As
damage or failure stemming from have to be certified, employers will use noted in the discussion of paragraph (a)
contact between a component on the lower-capacity cranes to perform above, the requirement for the employer
to comply with 1926.1425 (except for V. Procedural Determinations better method for effectuating the
1926.1425(c)(3)) has been added to the purpose of the Act. 29 U.S.C. 655(b)(8).
A. Legal Authority
provisions listed in paragraph (a). Deviations from relevant consensus
Therefore, OSHA is removing and The purpose of the Occupational standards are explained elsewhere in
reserving paragraph (g) in this final rule Safety and Health Act, 29 U.S.C. 651 et this preamble.
because the requirements proposed in seq. (the Act), is to assure so far as
possible every working man and woman B. Executive Summary of the Final
paragraph (g) are now required in final Economic Analysis; Final Regulatory
in the Nation safe and healthful working
paragraph (a). Flexibility Analysis
conditions and to preserve our human
According to paragraph (h) of this resources. 29 U.S.C. 651(b). To achieve 1. Introduction and Summary
section, employers must ensure that this goal, Congress authorized the
equipment covered by this section is Secretary of Labor to promulgate and For the final Cranes and Derricks
inspected pursuant to the enforce occupational safety and health standard, the Agency is presenting this
manufacturers procedures. The standards. See 29 U.S.C. 654, 655(b), Executive Summary of the Final
and 658. A safety or health standard Economic Analysis (FEA) in this
Committee concluded that these
requires conditions, or the adoption or preamble; while the full FEA will be
inspections are sufficient to detect
use of one or more practices, means, available in the docket. The complete
conditions that could lead to equipment
methods, operations, or processes, Final Regulatory Flexibility Analysis is
failure because manufacturers typically also presented here.
recommend procedures designed to reasonably necessary or appropriate to
provide safe or healthful employment The Occupational Safety and Health
prevent hazards that can arise during Act of 1970 (OSH Act) requires OSHA
equipment operation. The Committee and places of employment. 29 U.S.C.
652(8). to demonstrate the technological and
concluded that the comprehensive A safety standard is reasonably economic feasibility of its rules.
inspection procedures required for necessary or appropriate within the Executive Order (E.O.) 12866 and the
higher-capacity equipment under meaning of 29 U.S.C. 652(8) if it Regulatory Flexibility Act (RFA), as
1926.1412 are not needed for lighter, substantially reduces or eliminates a amended in 1996, require Federal
less complicated, equipment. OSHA significant risk of material harm in the agencies to analyze the costs, benefits,
received no comments on the proposed workplace; is economically and and other consequences and impacts,
paragraph and is adopting this technologically feasible; uses the most including small business impacts, of
paragraph in the final rule as proposed cost effective protective measures; is their rules.
based on the rationale provided by the consistent with or is a justified The final cranes standard is an
Committee. departure from prior Agency action; is economically significant action under
Paragraph (j) of this section prohibits supported by substantial evidence; and E.O. 12866 and a major rule under the
is better able to effectuate the Acts Congressional Review Act (SBREFA). In
using equipment covered by this section
purposes than any relevant national addition, as required by the RFA, the
to hoist personnel. OSHA received no
consensus standard. See UAW v. OSHA, Agency has assessed the potential
comments on the proposed paragraph
37 F.3d 665, 668 (DC Cir. impacts of this final rule on small
and is including it in the final rule as entities and has prepared a Final
proposed because the Committee 1994)(LOTO). In addition, safety
standards must be highly protective. See Regulatory Flexibility Analysis. This
determined that the low capacity and rule is not a significant Federal
id. at 669.
light construction of this equipment A standard is technologically feasible intergovernmental mandate, and the
makes it unsuited for lifting personnel if the protective measures it requires Agency has no obligations to conduct
safely. already exist, can be brought into analyses of this rule under the
Under paragraph (k) of this section, existence with available technology, or Unfunded Mandates Reform Act of
employers must ensure that a qualified can be created with technology that can 1995; however the rule has costs of over
engineer designs the equipment. The reasonably be expected to be developed. $100 million per year on the private
Committee noted that some employers See, e.g., American Iron & Steel Inst., sector, and is thus subject to the
may design and construct this type of Inc. v. OSHA, 939 F.2d 975, 980 (DC Cir. requirement under UMRA for review of
equipment themselves, rather than 1991) (per curiam) (AISI). A standard private-sector costs. These requirements
using equipment built by a is economically feasible if industry can are met in this section.
manufacturer. The Committee absorb or pass on the costs of The purpose of the Final Economic
developed this provision to ensure that, compliance without threatening its Analysis is to identify the
in such cases, the design of such long-term profitability or competitive establishments and industries affected
equipment is sufficient to protect structure. See, e.g., AISI, 939 F.2d at by the final standard; evaluate the
employees exposed to it. OSHA 980. A standard is cost effective if the standards costs, benefits, and economic
received no comments on the proposed protective measures it requires are the impacts; assess the technological and
least costly of the available alternatives economic feasibility of the final
paragraph and is retaining it in the final
that achieve the same level of standard for affected industries; and
standard as proposed based on the
protection. See LOTO, 37 F.3d at 668. evaluate the appropriateness of
Committees rationale.
Section 6(b)(7) authorizes OSHA to regulatory and non-regulatory
Section 1926.1442 Severability include among a standards alternatives to the rule. The FEA has
requirements labeling, monitoring, been developed according to the
The Agency is including a standard medical testing, and other information requirements of E.O. 12866 and the OSH
severability clause to express the gathering and transmittal provisions. 29 Act. In addition, in accordance with the
Agencys intent that if any court of U.S.C. 655(b)(7). Finally, the OSH Act RFA as amended by the SBREFA, this
competent jurisdiction renders any requires that, when promulgating a rule analysis identifies and estimates the
provision in subpart CC unenforceable, that differs substantially from a national impacts of the proposal on small
the remaining provisions of the subpart consensus standard, OSHA must businesses, using the Small Business
would remain in effect. explain why the promulgated rule is a Administrations (SBAs) industry-
specific definitions of small businesses. standard will prevent 22 fatalities and costs for ground conditions and
In addition, OSHA assessed the impacts 175 non-fatal injuries per year, controlling entity duties for some
of the rule on very small businesses; i.e., compared to 53 fatalities estimated to be sectors, crane operator certification, and
those with fewer than 20 employees. avoided in the PEA. power line compliance provisions. The
The FEA differs in several respects The Agency also estimates that record showed that relatively more
from the preliminary economic analysis compliance will result in considerable crane operators are already certified,
(PEA). Several affected general industry cost saving by preventing many more and the Agency reduced costs by that
sectors have been added to the original accidents that do not result in injury. factor. The total estimated costs
analysis, based on comment during the The Agency has estimated that annual increased due to the inclusion of some
rulemakingfor example, electric savings from avoiding project delay, general industry sectors which perform
utilities, telecommunications, sign damage to cranes and structures, and construction activities, as well as
manufacturers, natural gas pipelines, lost productivity is at least $7 million increases in unit costs. The net benefit
and shipyardsan estimated 22,000 annually just from one type of crane of the standard is $55.2 million
potentially affected establishments in accidenttipovers. The Agency has not annually (total benefits of $ 209.3
all. Costs have been revised for attempted to quantify all of the costs million less costs of $154.1 million
employer duties for assembly/ avoided by all crane accidents annually).
disassembly and ground conditions, prevented by the final standard, but
power line work, and crane operator The economic impact on affected
concludes these cost savings are also
certification, as well as inspections (due employers, in terms of costs versus
substantial. In addition, the Agency has
to an error in the PEA). New costs have revenues, ranged from 0.01 percent to
noted that a significant portion of these
been estimated for meeting ground 0.2 percent, for an average-size
benefits will be passed back
conditions provisions ($2.3 million employer. When annual costs are
immediately to employers in the form of
annually). Estimated costs for assembly/ compared to profits, impacts range from
$51 million annual savings in liability
disassembly have been decreased in this 0.1 percent to 4 percent, for the average
insurance costs for the affected
final analysis, from about $33 million employer. Impacts were highest for
industries.
annually in the PEA to about $16 OMB requires agencies to monetize employers who owned and rented
million, primarily due to an increase in benefits where possible. The Agency is cranes. The final standard is
current compliance (baseline) and revising its estimate of the VSL technologically feasible for employers as
estimated costs also fell for inspections presented in the PEA, which was based it does not contain any requirements
(from $21 million annually to $16.5 on an EPA estimate from the early that are not capable of being done. The
million). Estimated costs for several 1990s. The VSL is estimated to be about Agency also concludes that the final
provisions have been increased from the $7 million in terms of 2000 dollars standard is economically feasible, as the
PEA: for work near power lines (from (Viscusi and Aldy, 2003). At the same highest impacts are on employers who
$30 million annually to $68 million) time the willingness-to-pay to avoid own and rent cranes and even that
and for crane operator certification serious injury was estimated to be about impact is no more than 4 percent. Cost
(from $37 million annually to about $51 $50,000. The Agency is adjusting the and impacts of that magnitude are far
million, primarily due to an increase in values based on the change in the GDP less than the typical yearly swings in
the unit cost, many more operators implicit price deflator from 2000 to revenues and profits for the
potentially needing certification in the 2010 of about 25 percent (Bureau of construction industry. Economic
affected general industry sectors, but Economic Analysis, National Economic impacts on small business are presented
decreased by the higher current Accounts, Table 1.1.9 at http:// below in the Final Regulatory Flexibility
baseline). Overall, estimated costs www.bea.gov/national/nipaweb). The Analysis.
increased from the $83 million annually VSL is then $8.7 million and the Based on comment in the record,
in the PEA to about $154 million. The monetized value of avoiding a serious, some employees may bear the cost of
final benefits analysis is based on four non-fatal injury is $62,500. When crane operator certification (that is, pay
years of IMIS fatality reports, rather fatalities and injuries are monetized, the for their own certification). The Agency
than BLSs Census of Fatal Occupational total monetized benefits of the standard attributes all costs of crane operator
Injuries as in the preliminary analysis, from preventing crane accidents is certification to employers in the
as it was not possible to use the CFOI $202.3 million annually from those analysis, though. There may also be
data to estimate the number of fatalities sources. language and literacy barriers for
that were occurring due to crane The Agency estimates that the total operator certification that some current
construction activity by employers in cost of the final standard is about $154.1 operators may not be able to surmount.
general industry sectors. The Agency million annually. Based on comment in Table B1 summarizes the benefits and
estimates that compliance with the final the record, the Agency increased unit costs of this final standard.
TABLE B1ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARS

Annualized Costs*:
Crane Assembly/Disassembly .............................................................................................................................................. $16.3 million.
Power Line Safety ................................................................................................................................................................. $68.2 million.
Crane Inspections ................................................................................................................................................................. $16.5 million.
Ground Conditions ................................................................................................................................................................ $ 2.3 million.
Operator Qualification and Certification ................................................................................................................................ $50.7 million.
Total Annual Costs: ....................................................................................................................................................... $154.1 million.

Annual Benefits:
Number of Injuries Prevented ............................................................................................................................................... 175.
Number of Fatalities Prevented ............................................................................................................................................ 22.
Property Damage from Tipovers Prevented ......................................................................................................................... $7 million.
TABLE B1ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARSContinued

Total Monetized Benefits ............................................................................................................................................... $209.3 million.
Annual Net Benefits (Benefits minus Costs) ............................................................................................................................... $55.2 million.
Source: OSHA Office of Regulatory Analysis.
* Costs with 7% discount rate. Total costs with 3% discount rate: $150.4 million annually.
2. Need for the Rule and Market Failure 3. Industry Profile/Affected Industries presented below in Table B2. In some
Occupational safety problems, such as The final standard would affect sectors the number of cranes has
safety problems associated with cranes employers and employees across most changed from the PEA because the
and derricks, routinely involve the construction industry sectors as well as analysis has been updated with revenue
following characteristics that lead to some in some general industry sectors data from the 2006 County Business
market failures: where cranes and derricks are used as Patterns (CPB) and Statistics of U.S.
(1) A variety of situations in which part of the performance of work duties. Businesses (SUSB), and in those sectors
one party (employers, fellow employees) These industries include firms involved the number of cranes was estimated
take actions that impose risks of death in renting cranes for use in construction from revenues.
and injuries on other parties projects such as: Multi-family housing; The PEA accompanying the proposed
(employees); industrial buildings and warehouses; standard presented an industry profile
(2) The risk in question may not be other nonresidential buildings; highway describing crane use in all sectors of the
well understood by any party, or also and street construction; and water, traditional construction industries, the
subject to asymmetric information (the sewer, power, and communication line current NAICS 233236 (the older SICs
employer will typically know more construction. As in the preliminary 16, 17, and 18) and the crane rental
about the risks than employees); economic analysis (PEA), the Agency industry sector in general industry,
(3) The costs of the risks are routinely has grouped affected establishments, by NAICS 53214. There were no comments
transferred to other parties who industry, into the following categories objecting to the inclusion of these
typically lack the information necessary for analyzing the final standard: sectors in the economic analysis.
for a precise estimate of the costs of the Crane Rental with Operators, However, there was comment from
transfer, or are not permitted to price Crane Rental without Operators, some general industry sectors following
transfers appropriately (insurers are Own and Rent Cranes with publication of the proposal. They noted
routinely forced to use premium Operators, that the PEA had focused exclusively on
systems that do not capture all possible Own but Do Not Rent, and the construction industry and had not
knowledge about risk). Crane Lessees in the Construction captured costs or benefits for general
These characteristics mean that markets Industry (referred to simply as Crane industry employers who own
will not adequately capture the risk Lessees throughout). equipment covered by the standard and
involved, and thus regulations are The affected firms and establishments, engage in construction activity in
needed. (See Chapter 1 of the FEA for including information on number of addition their primary work in the
more detail.) employees, revenues, and profits, are various general industry sectors.
TABLE B2INDUSTRIAL PROFILE OF AFFECTED FIRMS AND ESTABLISHMENTS FOR THE PROPOSED STANDARD
Affected Average per estab.
Profit rate
NAIC Industry (percent) Revenues Profits
Firms Estabs Employees $1,000 $1,000
Crane Rental with Operators
238990 .............. All Other Specialty Trade Cont ........ 1,244 1,304 16,244 4.56 $1,918 $88
Crane Rental without Operators (Bare Rentals)
532412 .............. Const./Min./For. Machine & Equip ... 2,137 3,702 48,481 6.42 3,427 220
Own and Rent Cranes with Operators
236115 .............. New Single-Family Housing Const ... 178 178 261 4.67 220 10
236118 .............. Residential Remodelers ................... 25 25 45 4.67 443 21
236210 .............. Industrial Building Construction ........ 9 12 1,067 4.67 12,213 571
236220 .............. Commercial and Institutional Build- 23 31 757 4.67 4,157 194
ing.
237110 .............. Water and Sewer Line and Related 52 69 1,432 5.22 4,107 214
Struct.
237120 .............. Oil and Gas Pipeline and Related 20 26 1,457 5.22 5,510 288
Struct.
237130 .............. Power and Communication Line and 34 34 666 5.22 2,880 150
Rel.
237310 .............. Highway, Street, and Bridge Con- 80 107 6,456 5.22 11,783 615
struction.
237990 .............. Other Heavy and Civil Engineering 76 101 5,857 5.22 10,201 533
Const.
Continued
Profit rate
238110 .............. Poured Concrete Foundation and 261 261 4,328 4.42 2,273 101
Struct.
238120 .............. Structural Steel and Precast Con- 200 266 7,389 4.42 3,439 152
crete.
238130 .............. Framing Contractors ......................... 26 26 120 4.42 153 7
238150 .............. Glass and Glazing Contractors ........ 42 42 328 4.42 616 27
238170 .............. Siding Contractors ............................ 5 5 18 4.42 496 22
238190 .............. Other Foundation, Structure, and 49 65 1,145 4.42 1,509 67
Building.
238210 .............. Electrical Contractors ....................... 15 15 176 4.32 1,303 56
238220 .............. Plumbing, Heating, and Air-Condi- 2 3 196 3.86 5,835 225
tioning.
238290 .............. Other Building Equipment Contrac- 113 151 4,076 4.42 3,474 154
tors.
238320 .............. Painting and Wall Covering Contrac- 21 21 159 4.42 916 41
tors.
238910 .............. Site Preparation Contractors ............ 400 400 4,706 4.56 1,668 76
Subtotal ..................................... 1,630 1,838 40,639
Own but Do Not Rent
236115 .............. New Single family housing construc- 3,097 3,097 13,621 4.67 1,520 71
tion.
236116 .............. New Multifamily housing construc- 217 217 2,219 4.67 5,477 256
tion.
236117 .............. New housing operative builders ....... 1,699 1,699 12,015 4.67 6,021 281
236118 .............. Residential Remodelers ................... 985 985 3,201 4.67 646 30
236210 .............. Industrial building construction ......... 276 325 9,359 4.67 5,931 277
236220 .............. Commercial and Institutional Bldg. 4,141 4,141 71,536 4.67 7,177 335
Const.
237110 .............. Water and Sewer Line Const ........... 1,028 1,371 20,306 5.22 3,239 169
237120 .............. Oil and gas pipeline construction ..... 128 171 9,276 5.22 9,189 480
237130 .............. Power and communication line const 213 285 12,600 5.22 5,581 291
237210 .............. Land subdivision ............................... 0 0 0 11.04 2,878 318
237310 .............. Highway, street and bridge const ..... 88 118 4,308 5.22 8,279 432
237990 .............. Other heavy and civil eng ................ 273 273 7,564 5.22 3,965 207
238110 .............. Poured Concrete foundation and 267 267 3,070 4.42 1,682 74
struct.
238120 .............. Structural steel and precast concrete 334 334 7,250 4.42 2,712 120
238130 .............. Framing Contractors ......................... 1,395 1,395 11,834 4.42 936 41
238140 .............. Masonry Contractors ........................ 137 137 1,304 4.42 876 39
238150 .............. Glass & Glazing Contractors ............ 54 54 504 4.42 1,470 65
238160 .............. Roofing Contractors .......................... 197 197 2,262 4.42 1,390 61
238170 .............. Siding Contractors ............................ 53 53 215 4.42 580 26
238190 .............. Other foundation, structure, building, 25 25 158 4.42 1,013 45
ext.
238210 .............. Electrical Contractors ....................... 78 78 771 4.32 1,321 57
238220 .............. Plumbing, Heating and Air-condi- 98 98 974 3.86 1,473 57
tioning Cont.
238290 .............. Other building equipment cont ......... 49 65 1,237 4.42 2,959 131
238310 .............. Drywall and insulation contractors ... 0 0 0 4.42 1,751 77
238320 .............. Painting and wall covering contrac- 41 41 234 4.42 530 23
tors.
238330 .............. Flooring Contractors ......................... 0 0 0 4.42 811 36
238340 .............. Tile and Terrazzo contractors .......... 0 0 0 4.42 698 31
238350 .............. Finish Carpentry contractors ............ 0 0 0 4.42 678 30
238390 .............. Other building finishing contractors .. 0 0 0 4.42 1,091 48
238910 .............. Site Preparation ................................ 389 389 2,825 4.56 1,416 65
221110 .............. Electric Power Generation ................ 524 2,101 117,236 4.44 43,042 1,911
221120 .............. Electric Power Transmission, Con- 1,232 7,393 376,434 4.44 37,443 1,662
trol, and Distribution.
221210 .............. Natural Gas Distribution ................... 526 2,458 78,813 2.98 30,459 907
321213 .............. Engineered Wood Member (except 132 162 8,499 3.87 19,027 737
Truss) Manufacturing.
321214 .............. Truss Manufacturing ......................... 902 1,085 51,270 3.87 5,972 231
336611 .............. Ship Building and Repairing ............. 575 635 87,352 6.09 23,071 1,406
339950 .............. Sign Manufacturing ........................... 6,291 6,415 89,360 5.83 1,761 103
Continued
Profit rate
423310 .............. Lumber, Plywood, Millwork, and 6,450 8,715 153,761 2.89 14,905 430
Wood Panel Merchant Whole-
salers.
423330 .............. Roofing, Siding, and Insulation Ma- 1,142 2,762 40,643 2.89 8,985 259
terial Merchant Wholesalers.
423390 .............. Other Construction Material Mer- 2,363 3,155 36,914 2.89 4,859 140
chant Wholesalers.
423730 .............. Warm Air Heating and Air-Cond. 2,533 5,193 55,606 3.08 5,413 167
Equip. and Supplies.
444110 .............. Home Centers .................................. 2,553 6,749 573,183 7.70 21,816 1,679
454312 .............. Liquefied Petroleum Gas (Bottled 2,307 5,567 43,583 4.22 1,698 72
Gas) Dealers.
482110 .............. Railroads ........................................... NA NA NA NA NA NA
486210 .............. Pipeline Transportation of Natural 127 1,363 22,248 13.24 15,037 1,990
Gas.
517110 .............. Wired Telecommunications Carriers 2,517 27,159 634,540 7.10 7,294 518
Subtotal ..................................... 45,436 96,725 2,568,084
Crane Lessees in the Construction Industry
236115 .............. New Single family housing construc- 31,054 31,054 136,601 4.67 3,040 142
tion.
236116 .............. New Multifamily housing construc- 2,173 2,173 22,192 4.67 10,954 512
tion.
236117 .............. New housing operative builders ....... 16,989 16,989 120,146 4.67 12,041 563
236118 .............. Residential Remodelers ................... 9,848 9,848 32,021 4.67 6,456 302
236210 .............. Industrial building construction ......... 3,264 3,264 93,931 4.67 5,931 277
236220 .............. Commercial and Institutional Bldg. 41,438 41,438 715,896 4.67 7,177 335
Construction.
237110 .............. Water and Sewer Line Const ........... 13,774 13,774 204,085 5.22 3,239 169
237120 .............. Oil and gas pipeline construction ..... 1,301 1,734 94,176 5.22 9,189 480
237130 .............. Power and communication line const 2,147 2,862 126,753 5.22 11,163 583
237210 .............. Land subdivision ............................... 0 0 0 11.04 0 0
237310 .............. Highway, street and bridge const ..... 890 1,186 43,471 5.22 82,791 4,323
237990 .............. Other heavy and civil eng ................ 2,781 2,781 77,036 5.22 7,931 414
238110 .............. Poured Concrete foundation and 1,348 1,348 15,498 4.42 33,636 1,487
struct.
238120 .............. Structural steel and precast concrete 3,608 3,608 78,266 4.42 2,712 120
238130 .............. Framing Contractors ......................... 13,974 13,974 118,502 4.42 1,249 55
238140 .............. Masonry Contractors ........................ 1,372 1,372 13,035 4.42 17,527 775
238150 .............. Glass & Glazing Contractors ............ 547 547 5,080 4.42 14,698 650
238160 .............. Roofing Contractors .......................... 1,966 1,966 22,620 4.42 13,903 615
238170 .............. Siding Contractors ............................ 527 527 2,152 4.42 11,596 513
238190 .............. Other foundation, structure, building, 258 258 1,599 4.42 20,266 896
ext.
238210 .............. Electrical Contractors ....................... 776 776 7,712 4.32 132,128 5,714
238220 .............. Plumbing, Heating and Air-condi- 981 981 9,744 3.86 147,307 5,685
tioning Cont.
238290 .............. Other building equipment cont ......... 4,997 6,663 126,559 4.42 2,959 131
238310 .............. Drywall and insulation contractors ... 0 0 0 4.42 0 0
238320 .............. Painting and wall covering contrac- 415 415 2,346 4.42 52,995 2,343
tors.
238330 .............. Flooring Contractors ......................... 0 0 0 4.42 0 0
238340 .............. Tile and Terrazzo contractors .......... 0 0 0 4.42 0 0
238350 .............. Finish Carpentry contractors ............ 0 0 0 4.42 0 0
238390 .............. Other building finishing contractors .. 0 0 0 4.42 0 0
238910 .............. Site Preparation ................................ 3,927 3,927 28,543 4.56 14,164 647
Subtotal ..................................... 160,352 163,463 2,097,963

Total ........................................... 210,800 267,032 4,771,411

Source: U.S. Census Bureau data; Country Business Patterns, 2006; Statistics of U.S. Businesses 2006; Internal Revenue Service, Source
Book, profit rates over 20002006.
These employers either routinely have driving equipment, and so forth.) in fact, fall under the final standard.
a few tasks that can be considered Comment in the record indicates that Table B3 below identifies the sectors in
construction activity or infrequently the industry sectors in the table below general industry that were identified
engage in construction projects with have some construction activity during the rulemaking, and the Agency
cranes at their own facilities. (Cranes involving cranes within the scope of the concludes will be affected by the final
will be used throughout this section to final standard, and the Agency has standard.
refer to all covered equipment by the made a determination that their
final standard: Cranes, derricks, pile construction activity with cranes does,
TABLE B3GENERAL INDUSTRY SECTORS THAT PERFORM CONSTRUCTION WORK INVOLVING CRANES
Exhibits that identify affected general in-
NAICS Industry dustry sector
221110 .................................................................. Electric Power Generation ................................... ID0155.1; 0201.1; 0203.1; 0215.1;
0328.1; 0342; 0344; 0367.1;
0369.1; 0408.1
221120 .................................................................. Electric Power Transmission, Control, and Dis-
tribution.
221210 .................................................................. Natural Gas Distribution ....................................... ID0163.1; 0234; 0238.1; 0344
321213 .................................................................. Engineered Wood Member Mfg ........................... ID0218.1
321214 .................................................................. Truss Mfg ............................................................. ID0218.1
336611 .................................................................. Ship Building and Repairing ................................. ID0195.1
339950 .................................................................. Sign Manufacturing .............................................. ID0189.1; 0344; 0386.1; 0386.2
423310 .................................................................. Lumber, Plywood, Millwork, and Wood Panel
Merchant.
423330 .................................................................. Roofing, Siding, and Insulation Material Mer- ID0145.1; 0147.1; 0184.1; 0206.1;
chant W. 0208; 0218.1; 0232.1; 0233.1;
0299.1; 0341; 0343; 0372.1;
0380.1; 0380.2; 0381.1; 0384.1
423390 .................................................................. Other Construction Material Merchant Whole-
salers.
423730 .................................................................. Warm Air Heating and Air-Cond. Equip. and ID0165.1; 0235.1
Supplies.
454312 .................................................................. Liquefied Petroleum Gas (Bottled Gas) Dealers ID0198.1
482110 .................................................................. Railroads .............................................................. ID0170.1; 0176.1; 0291; 0342
486210 .................................................................. Pipeline Transportation of Natural Gas ................ ID0163.1; 0328.1; 0344
517110 .................................................................. Wired Telecommunications Carriers .................... ID0155.1; 0234; 0328.1; 0344
Source: Office of Regulatory Analysis.
The Agency concludes that general are not affected by the standard because 0213; 0215; 0226; 0345.17;
industrys permanently installed they only deliver materials from truck 0408.1.) This industry is affected by
overhead and gantry cranes should be bed to ground. the standard both because they have
covered under general industry However, the Agency views deliveries digger derricks and other cranes that
standards rather than the final into or onto structures differentlyas perform construction work from time to
construction crane standard, even if construction activity within the purview time, and because utilities must provide
they perform incidental construction of the standard. Therefore, industries voltage information and participate in
work (see discussion of 1926.1400, that deliver materials into or onto meetings with contractors to determine
Scope). However, all other general structures with articulating cranes are power line safety. Although digger
industry cranes, whether mobile or included in the industry profile. The derricks are exempted from the final
permanently installed, are covered final standard exempts such deliveries standard for all work on utility poles,
under the final standard to the extent for articulating cranes with automatic several commenters made clear that
that they perform construction work. overload protection devices (AOPDs). If they are routinely used for lifting in
Several general industry sectors that all such articulating cranes had these other work settings (ID0328.1; 0344).
commented in the rulemaking will not devices, then affected industries For construction crane activities by
be affected by the final standard because (building supply, lumber yards, HVAC electric utilities, the main impact of the
their only interaction with construction distributors, for example) would be final standard is to require that
consists of making deliveries of exempt. The Agency had comment in operators be certified, as all linemen
materials to the ground at construction the record that newer articulating cranes currently received extensive training in
sites. Several commenters noted that for building material supply are crane safety practices and procedures
their industry only made deliveries to equipped with AOPDs, but the Agency otherwise (ID0155.1; 0344; 0345.17).
the ground. (ID0236; 0299.1.) The concludes that there are still older The Agency also learned through
Agency has made clear in the Scope models of articulating cranes making comment that the telecommunications
section above that the delivery process building supply deliveries, and that industry uses digger derricks and truck-
from truck to ground is not considered these affected employers would be mounted cranes, and this industry is
to be a construction activity covered by covered by the standardchiefly by the included in the standards industry
its construction standards. For that requirement for operator certification. profile as well.
reason, brick manufacturers, pre-cast The electric utility industry made The Federal Railroad Agency has
concrete products manufacturers, and several comments to the record. (ID jurisdiction over most of the work done
all other distributors of similar supplies 0144; 0155.1; 0163.1; 0200; 0203.1; by railroads. The Agency has concluded
that railroads will not be affected by the revenues and profits are, on average, the apprenticeship programs in the use of
final standard. same for each affected employer. As a their powered equipment, and that the
All of the affected general industry result, though the Agency will try to primary cost of meeting the duties of the
sectors have been added to the industry estimate the number of affected final standard is certifying crane
profile in the category of employers who employers, the exact number is not operators. (ID0155.1; 0344.) The
Own but do not Rent. With respect to critical to the economic feasibility Agency can also estimate based on
the industries not included in the PEA, finding that is essential for the rule. In comment in the record that there are far
the Agency has taken a conservative addition, although all of the sectors more digger derricks than boom trucks,
approach to not underestimate costs, below engage in crane construction in a ratio of about 85:15, based on
and therefore economic impacts, on activities, some likely may contract such reports of 16 of Edison Electrics
these sectors. The traditional work out and would then only be members who provided information in
construction industry sectors have affected by the final standard indirectly. the record and identified their types of
remained unchanged. The data for all equipment. The PEA in subpart V was
sectors has been updated with Estimating the number of cranes and
crane operators in affected general based on the 2002 Economic Census.
information from the 2007 Economic The 2007 Census shows that
Census, 2006 County Business Patterns, industry sectors
employment in NAICS 221110 has
and 2006 Statistics for U.S. Businesses Electric Power Generation (NAICS
fallen to 78 percent of the 2002 level
for number of firms, establishments, and 221110) and Electric Power
and employment in NAICS 221120 has
revenues. Table B2 presents Transmission Control, and Distribution
fallen to 90 percent of the 2002 figure.
information about the affected industry (NAICS 221120). The Agency is basing
its estimate of affected cranes and crane However, there was no information in
sectors: the number of affected
operators on the industry profile and the record that showed the number of
establishments, employees, industry
cost analysis for subpart V, Table 5.1. linemen or pieces of equipment had
profit rates, and average revenues and
(ID0389.2.) Table 5.1 shows that the declined; so the Agency is basing its
profits for affected establishments.
two industries had about 114,500 estimate of the number of employees
Estimating the number of employees working on power lines who would be certified to use the
establishments and cranes covered by affected by subpart V in about 7,600 equipment covered under the final
the standard in general industry crews for Electric Power Generation and standard as presented in subpart Vs
To estimate the number of about 12,600 crews in the Transmission, PEA Table 5.1. Neither of the affected
establishments and cranes in general Control, and Distribution sector. industry sectors has objected to
industry sectors affected by the final Together, in total, the Agency estimated certifying operators of their truck-
cranes standard, the Agency relied on: that the industry was using about 20,200 mounted cranes; yet if it were necessary
comment in the record; 2006 CPB and powered vehicles, one for each crew. that every lineman perform every
SUSB, and occupational data from the OSHA concludes that each sector has function, that would surely also
Bureau of Labor Statistics Occupational one piece of equipment, such as a digger necessitate certifying every journeyman
and Employment Statistics, May, 2008 derrick, bucket truck, or truck-mounted as well. The Agency concludes that it is
Occupational Employment and Wage crane that each crew works with (in not necessary to certify every
Estimates, extracted from 4-digit NAICS crew sizes of 3 or 6). Further, based on journeyman as a crane operator for the
industry-specific estimates (Nov. 4, several comments in the record that industry to continue to efficiently use
2009 from http://bls.gov/oes/ digger derricks perform crane-related their equipment and manpower. If the
oes_dl.htm). The Agencys purpose in work in substations and other locations industries are still operating as many as
estimating the number of cranes in the (ID0155.1; 0201.1; 0328.1; 0344), 20,200 powered vehicles, and about
affected general industry sectors is to the Agency concludes that each digger one-half are digger derricks and truck-
estimate the costs employers will bear derrick would need a certified operator mounted cranes, then, at the very bare
and demonstrate that the standard is to work as the industry customarily has. minimum, to have an operator in each
economically feasible. For some Other comment in the record suggests piece of equipment potentially covered
industries below, the Agencys estimates that journeymen are often hired as if by the final standard would require
are certainly highoverestimates, but each is completely trained in all aspects certifying 10,100 as crane operators.
the ultimate purpose here is not to of work (ID0155.1; 0344); hence the However, having the bare minimum, the
predict or forecast cost estimates, but to industry has asserted that to maintain Agency recognizes, would not afford the
show that even if more cranes are this arrangement all linemen would industries the same flexibility and
affected and more costs result from the have to receive crane operator efficiency as it now has nor is every
final standard, the standard is still certification, which would be employee available to work every day of
economically feasible. In addition, since prohibitively expensive (ID0203.1; the year. However, the Agency believes
economic impacts are measured as the 0367.1). However, another comment in that certifying 30,000 journeymen as
costs for affected employers, the total the record indicated that for each crew, crane operators would afford a sufficient
number of affected cranes in a sector individuals have specific assignments number that each piece of covered
does not alter the measure of impact on that not all journeymen are given equipment (digger derricks and truck-
an affected employer. Although a higher responsibility for operating lifting mounted cranes) would in almost all
total number of cranes in a sector devices, whether that be a bucket truck situations have a journeyman certified
obviously changes the estimated total or aerial lift, a crane, or a digger derrick. as a crane operator available to perform
cost of the entire standard. For example, (ID0344.) Comment in the record work addressed by the final standard in
if an average employer in the industry indicates that, roughly, equipment is a crew. Work that is construction work
sector has 10 employees and the Agency equally divided between equipment that and covered by the final standard, and
estimates one crane and one crane is covered by the standard (digger not subpart V, is not an every day
operator, it does not affect how derricks and boom trucks) and bucket occurrence for the two industry sectors.
economic impact is measured whether trucks, which are not. (ID0344.) The Indeed, the Agency believes that this
there is one crane in the industry or 50. record also indicates that journeymen estimate is likely higher than the most
The impact of costs as a fraction of are extensively trained in efficient solution that these two
industries will devise, but, for purposes Agency also concludes that the Pipeline about 50 employees, likely employ one
of showing that the final standard is Transportation of Natural Gas has to two boom trucks for delivery. Truss
economically feasible even with this considerably less construction activity manufacturers are much more likely to
many journeymen certified as crane that would involve cranes covered by use boom trucks for delivery and
operators, the Agency believes it is the final standard and that the average placement of componentsand
sufficient. Accordingly, the Agency establishment or employer only has therefore fall under the scope of the
estimates that NAICS 221110 Electric about 10 employees. The Agency standardthan manufacturers of
Power Generation will expend resources estimates that as few as 50 employers in engineered wood members, the Agency
to certify about 10,000 journeymen as this industry sector are using equipment concludes, because the small equipment
crane operators, and NAICS 221120 in construction activity that would typically used by the latter employers
Electric Power Transmission, Control, necessitate certifying crane operators. would not be capable of lifting heavy
and Distribution about 20,000. The Structural Building members for placement (ID0208.1). In
Two natural gas sectors are Components Association (SBCA) addition, the relatively few engineered
potentially affected by the final commented in the record that many of wood member manufacturers produce
standard: NAICS 221210 Natural Gas their members use boom crane trucks specialty items and do not simply serve
Distribution and 486210 Pipeline to deliver and/or set their products at more local or regional markets as do
Transportation of Natural Gas. Both the jobsite. (ID0218.1.) Their members truss manufacturers. The Agency
industries were reported to be impacted manufacture roof and floor trusses, concludes that employers in this latter
by the final standard. (ID0155.1; wall panels, I-joists, engineered wood industry are much more likely to
0328.1; 0344.) NAICS 237120 Oil and beams, plywood and oriented strand transport their products longer distances
Gas Pipeline Construction performs board * * *. In most instances the and deliver to the ground. These
much of the construction of new gas components are simply unloaded at the products are also more typically used
pipelines, the Agency concludes. jobsite, using either a custom roll-off only in larger residential and
However, the two natural gas sectors trailer, a forklift, or a boom truck crane, commercial applications, where an on-
likely also perform some pipeline work and left for the builder to install. It is site crane would lift and position them
themselvesor at least some employers not uncommon for a component for installation. As SBCA noted in its
in the industries do. Sideboom cranes manufacturer who utilizes a boom truck comment, most deliveries are made to
are commonly used in pipeline to deliver both in markets that require the ground. The Agency concludes that,
construction, but are exempt from the hoisting and setting of components on average, employers in the Engineered
requirement for crane operator (thus engaging in construction activity) Wood Member industry employ one
certification. The Agency concludes that and those that require delivery of the truck-mounted crane and employers in
the major significant cost for these components and other building the Wood Truss manufacturing industry
industries is certifying operators for materials on the ground (not a also employ one, on average. According
their other, mostly truck-mounted construction activity). (ID0208.1.) to comments by SBCA, employers are
cranes. Power line safety issues occur SBCA viewed their crane operations as likely already meeting all of the other
most often below ground, and the low risk and asked for an exemption to safety requirements in the final standard
Agency concludes that the industry eliminate training burden. Under the save for crane operator certification.
already addresses these issues, based on final standard, delivery of materials (ID0208.1.)
comments (ID0155.1; 0344). The 2006 onto or into the structure, such as A comment by a major shipyard
CPB and SUSB shows that Natural Gas setting components, is a construction alerted the Agency to the potential
Distribution sector has 2,458 activity covered under the final impact of the final construction cranes
establishments and 78,813 employees; standard. SBCA did not mention the use standard on the Shipbuilding and
while Pipeline Transportation of of articulating cranes, which with a Repair Industry NACIS 336611. (ID
Natural Gas has 1,363 establishments lifting movement limiting device, would 0195.1.) When shipyard cranes perform
with 22,248 employees. According to in fact exempt their equipment from the construction activities, they will be
BLS 2008 Occupational Employment standard, and thus OSHA concludes covered by the final standard; although
survey, Natural Gas Distribution has that these affected industries are only the final standard exempts permanently
2,390 employees who are electric line employing boom trucks. The Agency, installed overhead and gantry cranes in
installers, 950 who are operating based on SBCAs comment, concludes general industry. According to the 2008
engineers and other construction that the primary affected industries are Occupational Employment Survey,
equipment operators, 1,180 heavy truck NAICS 321213 Engineered Wood there are 550 crane operators in the
drivers and tractor trailer drivers, and Member (except Truss) Manufacturing shipyard and boatbuilding industries
no crane operators. For the Pipeline and NAICS 321214 Truss (the four-digit NAICS 33660). Northrup-
Transportation of Natural Gas, the Manufacturing. Engineered Wood Grumann in its comment reported that
employment figures are 50, 130, zero, Member Manufacturing has 162 it alone employs 600 cranes throughout
and also no crane operators, establishments and 51,270 employees its shipyards around the country. (ID
respectively, for the same employment (2006 CPB and SUSB). Truss 0195.1.) Northrup-Grumanns 40,000
categories. The Agency concludes that Manufacturing has 1,085 establishments current employees represent about one-
the Natural Gas Distribution industry is and 51,270 employees. According to the half of the employment in the
performing significant pipeline work, 2008 Occupational Employment Survey, shipbuilding and ship repair industry,
mainly with excavation equipment, and the four-digit NACIS 32120 Veneer, and the Agency estimates that: There are
each company on average has over 30 Plywood, and Engineered Products about 1,200 cranes in use in shipyards
employees. The Agency concludes that industry has 120 crane operators, 2,240 and about one-half would be potentially
the average employer in this industry drivers of heavy trucks and tractor covered by the standard if construction
may be using one crane that is not a trailers, and 420 drivers of delivery activities are performed with them,
sideboom crane and needs to certify the trucks (total employment of 98,000). since many large cranes in shipyards are
operator for new construction work that The Agency concludes that typical permanently installed. The 1,200 figure
would be covered by the standard. The employers in these two sectors, with is surely not an underestimate as
Northrup-Grumann is the largest its comment to the record, the the public hearings described his
shipbuilder in the country and likely International Sign Association reported business: Revenues of less than $10
the most intense user of cranes for its that it had 2,600 members, most of million annually, with 70 employees,
larger projects. Since construction whom are small businesses. (ID0247; nine of whom were in the installation
activities in shipyards are episodic or 0344.) Not all sign manufacturers have department. (ID0344.) Gelberg sign has
irregular, the Agency estimates that if cranes or provide installation services, two crane trucks for installation, and
shipyard employers provide nor does the industry build or erect one bucket truck for servicing. Sign
certification for crane operators for one- billboards, which is an industry manufacturers reported that for large
half of the number of non-permanent properly represented among the projects, employers typically hired
cranes (with 300 certified operators) that traditional construction industries. The crane companies. Based on the
would be sufficient to perform their average employer has about 10 comment in the record, the Agency has
own construction activities without employees, according to the 2006 CPB estimated the number of cranes and
hiring outside construction contractors and SUSB data. Although many operators in the sign manufacturing
for their needs. manufacturers do not use cranes or sector in the table below. The Agency
The final standard potentially install signs, those that do were said to has assumed that the sign making
affects the general industry sector have one or two cranes (ID0344). A industry has one trained crane operator
NAICS 339950 Sign Manufacturing. In sign manufacturer who participated in for each crane it uses for installation.
ESTIMATION OF NUMBER OF CRANES IN NAICS 339950 SIGN MFG

Total
Size class Estabs Avg.
Number Cranes cranes
(No. of with Employees number of
of estabs per estab. for size
employees) cranes employees class
14 .................................................................................. 3,308 .................... 6,171 2 0 0

59 .................................................................................. 1,229 .................... 8,603 7 0 0
1019 .............................................................................. 854 400 11,586 14 1 400
2049 ............................................................................... 646 646 19,246 30 1 646
5099 ............................................................................... 229 229 16,053 70 2 458
100249 ........................................................................... 124 124 18,540 150 5 577
250500 ........................................................................... 24 24 7,618 317 10 246
500999 ........................................................................... 0 .................... 0 .................... 0 0
1000+ ............................................................................... 1 1 1,543 1,543 51 51
Total .......................................................................... 6,415 89,360 .................... .................... 2,378

Source: ORA; 2006 County Business Patterns, SUSB.
Retail and commercial building to the ground. (ID0341: 0343.) For standard since this is not a
supply associations and employers deliveries onto or into structures, such construction activity) or to deliver
provided comment to the record in as drywall into buildings and roofing materials into or onto structures by
regard to how the standard would affect materials up to roofs, they use complying with the rule, which would
their businesses. (ID0184; 0326.1; articulating cranes which have controls essentially be to ensure that their
0380.1.) The Agency concludes that to prevent tipover, called lifting moment operators are certified, as well as
commercial and retail building supply limiting devices (LMLD). The Specialty following the final standards specific
dealers are represented in the industries Building Material Distributors and safety precautions. In addition, operator
in the table below: Safety Coalition (SBMDSC) in testimony certification is required only within four
described truck-mounted cranes used to years after the standard is effective, and
NAICS Name deliver drywall, for example, and any older equipment may be replaced in
knuckle cranes used to deliver roofing the interim if still extant.
423310 ...................... Lumber, Plywood,
Millwork, and Wood materials. The Agency has concluded The Heating and Air Conditioning
Panel Merchant that these are both versions of Equipment Distributors reported that
Wholesalers. articulating cranes. Both SBMDSC and their deliveries to buildings would be
423330 ...................... Roofing, Siding, and the National Lumber and Building affected by the final standard because
Insulation Material Material Dealers Association repeated they often must hoist equipment to the
Merchant Whole- several times in written comment and first or second floor of buildings, which
salers. public testimony that their articulating
423390 ...................... Other Construction
would qualify as construction work.
Material Merchant cranes had LMLDs. (ID0184; 0326.1; (ID0235.1.) Deliveries are also made to
Wholesalers. 0341; 0344; 0380.1.) Since the truck- the ground, and some employers do hire
444110 ...................... Home Centers. mounted cranes in use are articulating crane trucks for some deliveries. The
cranes with LMLDs, they are exempt Heating, Air Conditioning, and
The building supply dealers provided from the rule and these industries will Refrigeration Distributors International
extensive and detailed comment to the not incur any costs of compliance. (HARDI) reported that their 450
recordboth written comment as well Although the industries did not report members who are wholesale distributors
as testimony at the public hearings. The any older truck-mounted cranes used for in the industry have, on average, 11
key issue for these industries was that deliveries without LMLDs, if these do branch companies each. According the
their deliveries to construction sites exist, the employer would have the 2006 CPB and SUSB, there are 5,193
were typically not construction work option to use them for deliveries to the establishments with 55,606 employees,
and about one-half of all deliveries are ground (and be unaffected by the final or about 10 to 11 employees per
employer. The Agency estimates that Railroad Authority has primary construction work. There is nothing in
the typical establishment in the industry authority over crane activity performed the record to suggest that digger derricks
operates one truck-mounted crane with by railroads. The Agency has concluded in the telecommunications industry are
a single, trained operator who must that no railroad employers will be used for activities other than utility pole
become a certified crane operator under impacted by the final rule. work. For example, they would not be
the final standard to deliver HVAC Telecommunications employers used to hoist transformers or other
equipment onto structures. were identified by several commenters moderately heavy equipment onto
Direct-selling propane dealers use utility poles, or at substations or other
as an industry that would be affected by
cranes to deliver and install LP, or facilities, because telecommunications
final standard. (ID0155.1; 0234;
propane, tanks, mostly in rural areas. equipment does not consist of such
Installing a new tank would constitute 0326.1; 0344.) The
telecommunications industry is hardware. Digger derricks therefore will
a construction activity, and crane use largely be exempt from the final
for that activity would fall under the identified as NAICS 517110 Wired
Telecommunications Carriers. standard in the telecommunications
final crane standard. The affected industry because they do not perform
industry is identified as NAICS 434312 According to the Economic Census the
construction work in which they hoist
Liquefied Petroleum Gas Dealers. telecommunications industry has about
loads in other construction activities.
According to the 2006 CPB and SUSB 2,500 firms, 27,000 establishments and
The Agency estimates that the industry
there are 5,567 establishments in the 634,000 employees. There are 89,000
employs about 1 truck-mounted crane
direct selling sector with 43,583 employees in the industry who are
per firm (for a total of about 3,000), on
employees. Clearly, the industry is telecommunications line installers and
average, that will be covered by the final
predominantly made up of small repairersas opposed to the electric
standard.
businesses, with the average power industrys journeymen who are
electric power installers and repairers The self-employed owner-operators of
establishment having about eight
(2008 Occupational Employment cranes doing construction work would
employees, and this is attested to by the
Survey, or OES). OES reports only 50 not be required under the standard to be
industrys comment (ID0198.1). The
power line installers are employed in certified crane operators as they do not
National Propane Gas Association noted
that delivering tanks is one of the most the industry. The telecommunications have employees and are themselves not
common activities performed by industry was described in comment as employees. The Agency estimates that
propane retail marketers and that to engaged in work similar to that of the about 5 percent of cranes are owned and
install these tanks, it often requires the electric power industryusing digger operated by the self-employed, based on
need of a truck-mounted crane to lift derricks and radial boom trucks to BLS data (ID0025).
and/or place the empty ASME tank onto install or replace utility poles or in Table B2 summarizes the industries
its support or foundation. (ID0198.1.) laying underground cable. The Agency affected, and the number of cranes they
The Agency estimates that each of the concludes that telecommunications use. As can be seen from this table,
retail establishments has, on average, a workers are not primarily engaged in adding the general industry sectors in
truck-mounted crane that would be constructing and replacing structural the manner outlined above results in
engaged occasionally in construction members, but in running or maintaining approximately 35,000 additional cranes
activity covered under the rule. communications lines on poles or and crane operators. Table B4 presents
Locomotive cranes are listed as one underground, and therefore are far less information about small entity
of the types of cranes covered by the intensely engaged in activities that establishments, as defined by SBA.
final standard, and several railroads require digger derricks or cranes. In Table B5 presents information about
participated in the rulemaking. But the addition, the industry likely also establishments with fewer than 20
Agency has concluded that the Federal employs construction contractors for its employees.
TABLE B4INDUSTRIAL PROFILE OF SBA DEFINED SMALL ENTITIES FOR THE PROPOSED STANDARD
Affected Avg. Avg.
SBA size Profit revenues profits
NAIC Industry standard rate per estab. per estab.
(less than) Firms Estabs Employees % ($1,000) ($1,000)
238990 ......... All Other Specialty $13.0 mil ...... 1,231 1,286 13,473 4.56 $1,550 $71
Trade Cont.
532412 ......... Const./Min./For. Ma- $6.5 mil ........ 1,782 3,018 19,423 6.42 482 31
chine & Equip.

236115 ......... New Single-Family $31.0 mil ...... 178 178 261 4.67 220 10
Housing Const.
236118 ......... Residential Remod- $31.0 mil ...... 25 25 45 4.67 443 21
elers.
236210 ......... Industrial Building $31.0 mil ...... 9 12 1,067 4.67 12,213 571
Construction.
236220 ......... Commercial and Insti- $31.0 mil ...... 23 31 757 4.67 4,157 194
tutional Building.
TABLE B4INDUSTRIAL PROFILE OF SBA DEFINED SMALL ENTITIES FOR THE PROPOSED STANDARDContinued
Affected Avg. Avg.
237110 ......... Water and Sewer Line $31.0 mil ...... 52 69 1,432 5.22 4,107 214
and Related Struct.
237120 ......... Oil and Gas Pipeline $31.0 mil ...... 20 26 1,457 5.22 5,510 288
and Related Struct.
237130 ......... Power and Commu- $31.0 mil ...... 34 34 666 5.22 2,880 150
nication Line and
Rel.
237310 ......... Highway, Street, and $31.0 mil ...... 80 107 6,456 5.22 11,783 615
Bridge Construction.
237990 ......... Other Heavy and Civil $31.0 mil ...... 76 101 5,857 5.22 10,201 533
Engineering Const.
238110 ......... Poured Concrete $13.0 mil ...... 261 261 4,328 4.42 2,273 101
Foundation and
Struct.
238120 ......... Structural Steel and $13.0 mil ...... 200 266 7,389 4.42 3,439 152
Precast Concrete.
238130 ......... Framing Contractors ... $13.0 mil ...... 26 26 120 4.42 153 7
238150 ......... Glass and Glazing $13.0 mil ...... 42 42 328 4.42 616 27
Contractors.
238170 ......... Siding Contractors ...... $13.0 mil ...... 5 5 18 4.42 496 22
238190 ......... Other Foundation, $13.0 mil ...... 49 65 1,145 4.42 1,509 67
Structure, and Build-
ing.
238210 ......... Electrical Contractors $13.0 mil ...... 15 15 176 4.32 1,303 56
238220 ......... Plumbing, Heating, $13.0 mil ...... 2 3 196 3.86 5,835 225
and Air-Conditioning.
238290 ......... Other Building Equip- $13.0 mil ...... 113 151 4,076 4.42 3,474 154
ment Contractors.
238320 ......... Painting and Wall Cov- $13.0 mil ...... 21 21 159 4.42 916 41
ering Contract.
238910 ......... Site Preparation Con- $13.0 mil ...... 400 400 4,706 4.56 1,668 76
tractors.
Subtotal ....................... ...................... 1,630 1,838 40,639
Own but Do Not Rent
236115 ......... New Single family $31.0 mil ...... 2,905 2,905 11,578 4.67 1,000 47
housing construction.
236116 ......... New Multifamily hous- $31.0 mil ...... 213 213 1,886 4.67 3,400 159
ing construction.
236117 ......... New housing operative $31.0 mil ...... 1,263 1,263 10,212 4.67 5,104 239
builders.
236118 ......... Residential Remod- $31.0 mil ...... 825 825 2,721 4.67 543 25
elers.
236210 ......... Industrial building con- $31.0 mil ...... 223 262 7,955 4.67 2,570 120
struction.
236220 ......... Commercial and Insti- $31.0 mil ...... 3,614 3,614 60,806 4.67 3,661 171
tutional Bldg. Const.
237110 ......... Water and Sewer Line $31.0 mil ...... 917 1,223 17,260 5.22 2,324 121
Const.
237120 ......... Oil and gas pipeline $31.0 mil ...... 98 131 7,885 5.22 3,743 195
construction.
237130 ......... Power and commu- $31.0 mil ...... 219 291 10,710 5.22 4,656 243
nication line const.
237210 ......... Land subdivision ......... $6.0 mil ........ 0 0 0 11.04 0 0
237310 ......... Highway, street and $31.0 mil ...... 69 93 3,662 5.22 3,225 168
bridge const.
237990 ......... Other heavy and civil $31.0 mil ...... 511 511 6,429 5.22 1,500 78
eng.
238110 ......... Poured Concrete foun- $13.0 mil ...... 108 108 2,609 4.42 1,000 44
dation and struct.

238120 ......... Structural steel and $13.0 mil ...... 394 394 6,162 4.42 1,425 63
precast concrete.
238130 ......... Framing Contractors ... $13.0 mil ...... 1,060 1,060 10,059 4.42 798 35
238140 ......... Masonry Contractors .. $13.0 mil ...... 128 128 1,108 4.42 675 30
238150 ......... Glass & Glazing Con- $13.0 mil ...... 48 48 428 4.42 900 40
tractors.
238160 ......... Roofing Contractors .... $13.0 mil ...... 230 230 1,923 4.42 801 35
Affected Avg. Avg.
238170 ......... Siding Contractors ...... $13.0 mil ...... 33 33 183 4.42 600 27
238190 ......... Other foundation, $13.0 mil ...... 7 7 134 4.42 900 40
structure, building,
ext.
238210 ......... Electrical Contractors $13.0 mil ...... 60 60 655 4.32 1,100 48
238220 ......... Plumbing, Heating and $13.0 mil ...... 86 86 828 3.86 1,100 42
Air-conditioning Cont.
238290 ......... Other building equip- $13.0 mil ...... 33 44 1,051 4.42 1,664 74
ment cont.
238310 ......... Drywall and insulation $13.0 mil ...... 0 0 0 4.42 0 0
contractors.
238320 ......... Painting and wall cov- $13.0 mil ...... 37 37 199 4.42 419 19
ering contractors.
238330 ......... Flooring Contractors ... $13.0 mil ...... 0 0 0 4.42 0 0
238340 ......... Tile and Terrazzo con- $13.0 mil ...... 0 0 0 4.42 0 0
tractors.
238350 ......... Finish Carpentry con- $13.0 mil ...... 0 0 0 4.42 0 0
tractors.
238390 ......... Other building finishing $13.0 mil ...... 0 0 0 4.42 0 0
contractors.
238910 ......... Site Preparation .......... $13.0 mil ...... 262 262 2,401 4.56 962 44
221110 ......... Electric Power Gen- 4M mwh ....... 293 301 99,651 4.44 7,313 325
eration.
221120 ......... Electric Power Trans- 4M mwh ....... 337 358 319,969 4.44 6,882 306
mission, Control,
and Distribution.
221210 ......... Natural Gas Distribu- 500 ............... 442 591 66,991 2.98 28,428 847
tion.
321213 ......... Engineered Wood 500 ............... 121 127 7,224 3.87 4,720 183
Member (except
Truss) Manufac-
turing.
321214 ......... Truss Manufacturing ... 500 ............... 871 914 43,580 3.87 4,706 182
336611 ......... Ship Building and Re- 1000 ............. 575 635 74,249 6.09 10,204 622
pairing.
339950 ......... Sign Manufacturing ..... 500 ............... 6,261 6,339 75,956 5.83 1,532 89
423310 ......... Lumber, Plywood, Mill- 100 ............... 5,971 6,326 130,697 2.89 7,084 204
work, and Wood
Panel Merchant
Wholesalers.
423330 ......... Roofing, Siding, and 100 ............... 1,025 1,173 34,547 2.89 7,159 207
Insulation Material
Merchant Whole-
salers.
423390 ......... Other Construction 100 ............... 2,181 2,296 31,377 2.89 3,260 94
Material Merchant
Wholesalers.
423730 ......... Warm Air Heating and 100 ............... 2,364 2,958 47,265 3.08 3,790 117
Air-Cond. Equip. and
Supplies.
444110 ......... Home Centers ............ $7.0 mil ........ 2,409 2,575 487,206 7.70 2,335 180
454312 ......... Liquefied Petroleum 50 ................. 2,044 2,317 37,046 4.22 2,415 102
Gas (Bottled Gas)
Dealers.
482110 ......... Railroads ..................... NA ................ NA NA NA NA NA NA
486210 ......... Pipeline Transportation $7.0 mil ........ 65 66 18,911 13.24 8,345 1,105
of Natural Gas.
517110 ......... Wired Telecommuni- 1500 ............. 2,517 27,159 539,359 7.10 7,294 518
cations Carriers.
Subtotal ....................... ...................... 32,430 59,267 2,182,872
236115 ......... New Single family $31.0 mil ...... 31,038 31,038 134,788 4.67 1,480 69
236116 ......... New Multifamily hous- $31.0 mil ...... 2,086 2,086 13,738 4.67 3,085 144
ing construction.
Affected Avg. Avg.
236117 ......... New housing operative $31.0 mil ...... 16,562 16,562 53,224 4.67 2,860 134
builders.
236118 ......... Residential Remod- $31.0 mil ...... 9,846 9,846 29,319 4.67 644 30
elers.
236210 ......... Industrial building con- $31.0 mil ...... 3,000 3,000 21,431 4.67 2,493 117
struction.
236220 ......... Commercial and Insti- $31.0 mil ...... 40,530 40,530 393,560 4.67 4,024 188
tutional Bldg. Con-
struction.
237110 ......... Water and Sewer Line $31.0 mil ...... 13,715 13,715 162,842 5.22 2,863 149
Const.
237120 ......... Oil and gas pipeline $31.0 mil ...... 1,667 1,667 34,584 5.22 4,118 215
construction.
237130 ......... Power and commu- $31.0 mil ...... 2,811 2,811 48,229 5.22 2,289 120
nication line const.
237210 ......... Land subdivision ......... $6.0 mil ........ 0 0 0 11.04 0 0
237310 ......... Highway, street and $31.0 mil ...... 1,114 1,114 14,473 5.22 3,606 188
bridge const.
237990 ......... Other heavy and civil $31.0 mil ...... 2,760 2,760 67,210 5.22 2,919 152
eng.
238110 ......... Poured Concrete foun- $13.0 mil ...... 13,273 13,273 10,782 4.42 1,189 53
dation and struct.
238120 ......... Structural steel and $13.0 mil ...... 3,487 3,487 57,764 4.42 1,927 85
precast concrete.
238130 ......... Framing Contractors ... $13.0 mil ...... 13,779 13,779 60,116 4.42 559 25
238140 ......... Masonry Contractors .. $13.0 mil ...... 1,368 1,368 10,174 4.42 814 36
238150 ......... Glass & Glazing Con- $13.0 mil ...... 542 542 4,397 4.42 1,319 58
tractors.
238160 ......... Roofing Contractors .... $13.0 mil ...... 1,945 1,945 18,573 4.42 1,125 50
238170 ......... Siding Contractors ...... $13.0 mil ...... 526 526 1,455 4.42 529 23
238190 ......... Other foundation, $13.0 mil ...... 256 256 881 4.42 628 28
structure, building,
ext.
238210 ......... Electrical Contractors $13.0 mil ...... 765 765 4,674 4.32 874 38
238220 ......... Plumbing, Heating and $13.0 mil ...... 970 970 6,803 3.86 1,049 40
238290 ......... Other building equip- $13.0 mil ...... 644 644 6,996 4.42 2,068 91
ment cont.
238310 ......... Drywall and insulation $13.0 mil ...... 0 0 0 4.42 0 0
contractors.
238320 ......... Painting and wall cov- $13.0 mil ...... 414 414 2,103 4.42 513 23
ering contractors.
238330 ......... Flooring Contractors ... $13.0 mil ...... 0 0 0 4.42 0 0
238340 ......... Tile and Terrazzo con- $13.0 mil ...... 0 0 0 4.42 0 0
tractors.
238350 ......... Finish Carpentry con- $13.0 mil ...... 0 0 0 4.42 0 0
tractors.
238390 ......... Other building finishing $13.0 mil ...... 0 0 0 4.42 0 0
contractors.
238910 ......... Site Preparation .......... $13.0 mil ...... 3,889 3,889 19,650 4.56 1,101 50
Subtotal ....................... ...................... 166,985 166,985 1,177,769
Total ..................... ...................... 204,058 232,394 3,434,175
Source: U.S. Census Bureau data.
Country Business Patters, 2006; Statistics of U.S. Businesses 2006.
Internal Revenue Service, Source Book, profit rates over 20002006.
Statistics of U.S. Business (SUSB).
TABLE B5INDUSTRIAL PROFILE OF VERY SMALL ENTITIES (LESS THAN 20 EMPLOYEES) BY MAJOR CATEGORY
Avgerage
Profit
NAIC Industry Firms Estabs Employees rate Revenues Profits
% per estab. per estab.
($1,000) ($1,000)
238990 ......... All Other Specialty Trade Cont ............. 1,065 1,065 4,824 4.10% $614 $25
Continued
Avgerage
Profit
($1,000) ($1,000)
532412 ......... Const./Min./For. Machine & Equip ........ 1,782 3,018 19,423 6.42 129 8
236115 .........
New Single-Family Housing Const ....... 178 178 261 4.67 220 10
236118 .........
Residential Remodelers ........................ 25 25 45 4.67 443 21
236210 .........
Industrial Building Construction ............ 9 12 1,067 4.67 12,213 571
236220 .........
Commercial and Institutional Building ... 23 31 757 4.67 4,157 194
237110 .........
Water and Sewer Line and Related 52 69 1,432 5.22 4,107 214
Struct.
237120 ......... Oil and Gas Pipeline and Related 20 26 1,457 5.22 5,510 288
Struct.
237130 ......... Power and Communication Line and 34 34 666 5.22 2,880 150
Rel.
237310 ......... Highway, Street, and Bridge Construc- 80 107 6,456 5.22 11,783 615
tion.
237990 ......... Other Heavy and Civil Engineering 76 101 5,857 5.22 10,201 533
Const.
238110 ......... Poured Concrete Foundation and 261 261 4,328 4.42 2,273 101
Struct.
(All other sectors in this category have no very small af-
fected firms)
Subtotal ................................................. 758 844 22,326
Own Cranes But Do Not Rent Them
236115 ......... New Single family housing construction 2,763 2,763 12,155 4.67 823 38
236116 ......... New Multifamily housing construction ... 197 197 2,010 4.67 1,350 63
236117 ......... New housing operative builders ............ 1,206 1,206 8,528 4.67 1,854 87
236118 ......... Residential Remodelers ........................ 808 808 2,627 4.67 443 21
236210 ......... Industrial building construction .............. 209 209 6,015 4.67 1,247 58
236220 ......... Commercial and Institutional Bldg. 2,943 2,943 50,843 4.67 1,526 71
Construction.
237110 ......... Water and Sewer Line Const ................ 900 900 13,335 5.22 702 37
237120 ......... Oil and gas pipeline construction .......... 63 63 3,416 5.22 708 37
237130 ......... Power and communication line const ... 207 207 9,177 5.22 655 34
237210 ......... Land subdivision ................................... 0 0 0 11.04 0 0
237310 ......... Highway, street and bridge const ......... 66 66 2,423 5.22 976 51
237990 ......... Other heavy and civil eng ..................... 378 378 10,483 5.22 589 31
238110 ......... Poured Concrete foundation and struct 46 46 531 4.42 494 22
238120 ......... Structural steel and precast concrete ... 90 90 1,954 4.42 659 29
238130 ......... Framing Contractors ............................. 981 981 8,322 4.42 374 17
238140 ......... Masonry Contractors ............................. 115 115 1,093 4.42 343 15
238150 ......... Glass & Glazing Contractors ................ 44 44 405 4.42 619 27
238160 ......... Roofing Contractors .............................. 207 207 2,378 4.42 447 20
238170 ......... Siding Contractors ................................. 31 31 127 4.42 408 18
238190 ......... Other foundation, structure, building, 10 10 62 4.42 394 17
ext.
238210 ......... Electrical Contractors ............................ 54 54 541 4.32 444 19
238220 ......... Plumbing, Heating and Air-conditioning 77 77 768 3.86 509 20
Contractors.
238290 ......... Other building equipment cont .............. 30 30 570 4.42 714 32
238310 ......... Drywall and insulation contractors ........ 0 0 0 4.42 0 0
238320 ......... Painting and wall covering contractors 37 37 208 4.42 265 12
238330 ......... Flooring Contractors .............................. 0 0 0 4.42 0 0
238340 ......... Tile and Terrazzo contractors ............... 0 0 0 4.42 0 0
238350 ......... Finish Carpentry contractors ................. 0 0 0 4.42 0 0
238390 ......... Other building finishing contractors ...... 0 0 0 4.42 0 0

238910 ......... Site Preparation .................................... 271 271 1,970 4.56 497 23
221110 ......... Electric Power Generation .................... 293 301 1,288 4.44 7,513 334
221120 ......... Electric Power Transmission, Control, 337 358 2,272 4.44 7,311 325
and Distribution.
221210 ......... Natural Gas Distribution ........................ 360 368 1,736 2.98 9,483 283
321213 ......... Engineered Wood Member (except 82 82 534 3.87 1,674 65
Truss) Manufacturing.
Continued
Avgerage
Profit
($1,000) ($1,000)
321214 ......... Truss Manufacturing ............................. 408 408 3,438 3.87 1,130 44
336611 ......... Ship Building and Repairing ................. 370 371 2,041 6.09 950 58
339950 ......... Sign Manufacturing ............................... 5,312 5,316 25,236 5.83 1,303 76
423310 ......... Lumber, Plywood, Millwork, and Wood 4,774 4,844 24,410 2.89 3,970 115
Panel Merchant Wholesalers.
423330 ......... Roofing, Siding, and Insulation Material 831 857 4,764 2.89 4,461 129
Merchant Wholesalers.
423390 ......... Other Construction Material Merchant 1,886 1,907 9,298 2.89 2,199 63
Wholesalers.
423730 ......... Warm Air Heating and Air-Cond. Equip. 1,929 2,017 11,007 3.08 2,537 78
and Supplies.
444110 ......... Home Centers ....................................... 1,879 1,904 12,389 7.70 1,344 103
454312 ......... Liquefied Petroleum Gas (Bottled Gas) 1,881 2,001 11,711 4.22 1,333 56
Dealers.
482110 ......... Railroads ............................................... NA NA NA NA NA NA
486210 ......... Pipeline Transportation of Natural Gas 65 66 238 13.24 8,473 1,122
517110 ......... Wired Telecommunications Carriers ..... 1,828 1,882 9,022 7.10 1,431 102
Subtotal ................................................. 33,969 11,734 139,941
236115 ......... New Single family housing construction 29,962 29,962 95,670 4.67 1,192 56
236116 ......... New Multifamily housing construction ... 1,904 1,904 7,946 4.67 1,986 93
236117 ......... New housing operative builders ............ 15,927 15,927 50,782 4.67 2,063 96
236118 ......... Residential Remodelers ........................ 9,606 9,606 25,611 4.67 527 25
236210 ......... Industrial building construction .............. 2,669 2,669 13,978 4.67 1,120 52
236220 ......... Commercial and Institutional Bldg. 33,784 33,784 179,125 4.67 1,649 77
Construction.
237110 ......... Water and Sewer Line Const ................ 11,306 11,306 59,055 5.22 841 44
237120 ......... Oil and gas pipeline construction .......... 1,083 1,083 4,293 5.22 666 35
237130 ......... Power and communication line const ... 2,149 2,149 8,580 5.22 630 33
237210 ......... Land subdivision ................................... 0 0 0 11.04 0 0
237310 ......... Highway, street and bridge const ......... 862 862 4,675 5.22 993 52
237990 ......... Other heavy and civil engg ................... 2,295 2,295 10,166 5.22 1,261 66
238110 ......... Poured Concrete foundation and struct 11,886 11,886 52,606 4.42 677 30
238120 ......... Structural steel and precast concrete ... 2,679 2,679 14,995 4.42 945 42
238130 ......... Framing Contractors ............................. 13,043 13,043 48,914 4.42 345 15
238140 ......... Masonry Contractors ............................. 1,243 1,243 4,720 4.42 376 17
238150 ......... Glass & Glazing Contractors ................ 485 485 2,457 4.42 758 34
238160 ......... Roofing Contractors .............................. 1,722 1,722 7,015 4.42 637 28
238170 ......... Siding Contractors ................................. 506 506 1,627 4.42 359 16
238190 ......... Other foundation, structure, building, 237 237 909 4.42 290 13
ext.
238210 ......... Electrical Contractors ............................ 691 691 2,953 4.32 434 19
238220 ......... Plumbing, Heating and Air-conditioning 872 872 3,855 3.86 551 21
Contractors.
238290 ......... Other building equipment cont .............. 524 524 2,726 4.42 868 38
238310 ......... Drywall and insulation contractors ........ 0 0 0 4.42 0 0
238320 ......... Painting and wall covering contractors 392 392 1,267 4.42 326 14
238330 ......... Flooring Contractors .............................. 0 0 0 4.42 0 0
238340 ......... Tile and Terrazzo contractors ............... 0 0 0 4.42 0 0
238350 ......... Finish Carpentry contractors ................. 0 0 0 4.42 0 0
238390 ......... Other building finishing contractors ...... 0 0 0 4.42 0 0
238910 ......... Site Preparation .................................... 3,579 3,579 13,406 4.56 561 26
Subtotal ................................................. 149,403 149,403 617,328
Total ...................................................... 186,977 166,064 803,843

Source: ORA.
U.S. Census Bureau data.
Country Business Patterns, 2006; Statistics of U.S. Businesses 2006.
4. Benefits and the Agencys previously proposed Agency instead is relying on an analysis
standard Electric Power Generation, of four years of IMIS fatality reports
The Agency received several Transmission, and Distribution; across all industries to estimate the risk
comments in the record on the benefits Electrical Protective Equipment (subpart reduction, or benefits, attributed to the
analysis in the Preliminary Economic V), which essentially resulted in double final cranes standard. This method has
Analysis (PEA). For example, the counting of risk reduction, or benefits, been used by the Agency to evaluate
commercial building supply industry in the electric utility industry as well as risk reduction in virtually all of its
noted that their industry had not been the construction industries working for safety standards. The Agency collected
included in the economic analysis, nor, the electric utility industry in the cranes 506 fatality reports from IMIS across all
consequently, included in the Agencys proposed standard. This oversight has
characterization of risks and benefits. industries for the years 20042007. Of
been corrected. these, over 200 were found to be
The industry provided 2008 accident The proposed standards benefits
data (5 injuries related to work with construction related, including some in
analysis rested upon BLS Census of
cranes) to the rulemaking record in their Fatal Occupational Injuries (CFOI) data general industry sectors. One hundred
comments. (ID0184; 0342; 0345.17; for total annual fatalities in the and twenty-six of these (with 132
0384.1.) Stephen Yohay, representing construction industry, an estimate that fatalities) were accidents that the
Edison Electric Institute noted that there eight percent of (CFOI) construction Agency concluded were potentially
was no explanation of the benefit that fatalities were crane related, and an impacted by the final standard, and the
would result for the electric utility analysis of a small sample of fatality Agency estimates that 88 of these will
industry or electric industry employees, reports from OSHAs IMIS data be prevented by the final standard, or
and therefore no evaluation of whether indicating that 58 percent of about 22 per year. The Agency also
the benefit was reasonably related to the construction crane-related fatalities estimated that the final standard would
cost of compliance. (ID0203; 0335; could be prevented by the proposed prevent 175 injuries annually. The table
0342; 0345; 0372; 0380; 0381; cranes standard. The application of the below describes the industry sectors
0408.) The Agency was also made construction crane standard to general with IMIS accident fatalities that the
aware of the potential overlap of costs industry sectors and the necessity of Agency concludes are impacted (i.e.,
and benefits of industries affected by disentangling the affect of subpart V potentially avoided) by the final
both the construction cranes standard required a different approach. The standard.
TABLE B6AVOIDABLE FATALITIES IN THE CONSTRUCTION INDUSTRY, 20042007

SIC Industry name Fatalities
1521 .................. Single-family housing construction ....................................................................................................................... 4

1541 .................. Industrial buildings and warehouses .................................................................................................................... 5
1542 .................. Nonresidential construction, nec .......................................................................................................................... 4
1611 .................. Highway and street construction .......................................................................................................................... 11
1622 .................. Bridge, tunnel & elevated highway ....................................................................................................................... 11
1623 .................. Water, sewer, and utility lines .............................................................................................................................. 13
1629 .................. Heavy construction, nec ....................................................................................................................................... 7
1721 .................. Painting and paper hanging ................................................................................................................................. 1
1731 .................. Electrical work ...................................................................................................................................................... 3
1742 .................. Plastering, drywall, and insulation ........................................................................................................................ 1
1751 .................. Carpentry work ..................................................................................................................................................... 3
1761 .................. Roofing, siding, and sheet metal work ................................................................................................................. 3
1771 .................. Concrete work ...................................................................................................................................................... 12
1781 .................. Water well drilling ................................................................................................................................................. 2
1791 .................. Structural steel erection ........................................................................................................................................ 14
1794 .................. Excavation work ................................................................................................................................................... 2
1795 .................. Wrecking and demolition work ............................................................................................................................. 1
1796 .................. Installing building equipment, nec ........................................................................................................................ 3
1799 .................. Special trade contractors, nec .............................................................................................................................. 15
The Agency provides a full Agency concluded that results from This same analysis also showed that
explanation of its method of evaluating these two regulatory efforts are there is a serious risk of fatalities in
risk reduction in the FEA in the docket, consistent with OSHAs conclusion that General Industry construction work.
along with an Appendix (Excel the final standard reduces risk of Table 7 shows the fatalities in
spreadsheet) of the IMIS records construction crane accidents and construction related work in the General
examined. The Agency evaluated injures; however, the Agency Industry sectors that have been added to
reports from the effect of crane determined that review of IMIS records the economic analysis.
regulations in California as well as the would provide a better method to
Canadian province of Ontario. The quantify benefits.
TABLE B7FATALITIES THAT OCCURRED OUTSIDE TRADITIONAL CONSTRUCTION INDUSTRIES THAT COULD BE AVOIDED
BY THE FINAL STANDARD, 200407
Number of fatalities SIC Industry name
1 ................................................................................................... 3441 Fabricated metal products.

1 ................................................................................................... 4789 Transportation services.
TABLE B7FATALITIES THAT OCCURRED OUTSIDE TRADITIONAL CONSTRUCTION INDUSTRIES THAT COULD BE AVOIDED
BY THE FINAL STANDARD, 200407Continued
Number of fatalities SIC Industry name
1 ................................................................................................... 4911 Electric services.

1 ................................................................................................... 4931 Elec services and more.
1 ................................................................................................... 5031 Lumber, plywood, wholesale.
2 ................................................................................................... 5211 Lumber and other bldg. materials dealers.
6 ................................................................................................... 7353 Heavy construction equipment rental and leasing.
1 ................................................................................................... 7389 Business services, nec.
1 ................................................................................................... 8731 Commercial physical and biological research.
1 ................................................................................................... 9223 Correctional institutions.
1 ................................................................................................... 9999 Non-classifiable establishments.
Source: ORA; IMIS.
Analyzing IMIS Crane Fatality Reports 1926.550(a)(15)(i) a prohibition from specific duty. The final standard has
OSHA typically measures the risk working within 10 feet of any energized lengthy provisions in the final standard
reduction, or benefit, of its safety overhead power line. Yet power line to prevent these types of accidents.
standards by examining accident contact causes more crane-related OSHA believes that these types of
reports. Accidents that occur because of employee deaths than any other source, accidents will be prevented by
a failure to comply with an existing and the negotiated rulemaking compliance with the provisions of this
standard are not counted as a benefit, or committee produced provisions that are final standard for assembly and
risk reduction, that is attributed to the meant to reduce those fatalities. disassembly of equipment. Section
effect of the new standard. In addition, Technically, however, one could argue 1926.1403 requires that equipment be
the Agency does not try to estimate, or that it is a failure to comply with the assembled in compliance with
factor in, compliance with the new current standard that results in manufacturer procedures or with
standard in estimating costs and electrocutions. If the crane, boom, wire, alternative employer procedures
benefits. It estimates costs as if all or load were not getting closer than 10 designed to prevent the equipment from
employers fully comply, and estimates feet to power lines, there would be no collapsing. In addition, under
benefits as if employer efforts prevent electrocutions. The final standard 1926.1404, assembly must be
all types of accidents, or risks, the increases the prohibited distance to 20 conducted under the supervision of a
standard addresses. The chief purpose feet, but also includes a number of other person who understands the hazards
of the analysis is to demonstrate precautions. California recently associated with an improperly
feasibility while providing a measure of increased the prohibited distance to 20 assembled crane and is well-qualified to
the size of the rule, its possible impact feet, and reported that electrocutions understand and comply with the proper
on industries and the economy, and the due to cranes have fallen from five over assembly procedures. Section
ability to weigh and compare its costs a two and one-half year period prior to 1926.1404(f) would prohibit employees
and benefits. The analysis is not trying the regulation to just one in the same from being under the boom when pins
to predict with precision exactly the period of time afterward. The reduction are removed. In situations where site
outcomes under the rule, which depend in the California fatalities also can be constraints require an employee to be
on employer compliance, changes in attributed to a requirement for operator under the boom when pins are removed,
technology and the way employers react certification; this final OSHA standard the employer must implement other
to the new standard, and many other also includes this requirement. procedures, such as ensuring that the
factors. The Agency concludes that its final boom sections are adequately
The Agency is taking a somewhat standard will result in fewer fatalities supported, to prevent the sections from
different approach to estimating the risk and injuries due to a number of the falling onto the employee. This specific
reduction under the crane standard. provisions in the final standard, even work practice alone will prevent
OSHAs current construction crane though there are some existing virtually all fatalities associated with
standards were adopted in 1972 under construction crane provisions that assembly/disassembly of lattice boom
the OSH Acts sec. 6(a), permitting the address the same risk. This is attributed cranes. Section 1926.1404(q) contains
Agency to adopt existing standards and to more specific precautions in several provisions designed to ensure
current consensus standards without particular sections of the rule as well as that outriggers are deployed properly
informal rulemaking. Thus, for example, the requirement for certifying crane before lifting a load. In addition, the
former 1926.550(b)(2) referred to the operators, which potentially affects operator qualification and certification
ANSI B30.51968 standard (that is, from safety in all aspects of crane operations. requirement of proposed 1926.1427,
the year 1968) for requirements for Another example where the final which is intended to ensure that
design, inspection, testing, and standard will be more protective than operators understand and follow the
maintenance of crawler, locomotive, current standards is in assembly/ safety requirements for the equipment
and truck cranes. The current standards disassembly operations. Assembly/ they are operating, would help prevent
disassembly operations are, along with this type of accident.
were widely believed to be out of date

and ineffective; hence, the creation of power line contact, a leading cause of For informational purposes, as
the Negotiated Rulemaking Committee fatalities in crane work. Technically, required by E.O. 12866 (also following
(CDAC) from affected industries and one could argue that these fatalities the guidance of OMBs Circular A4),
labor representatives to address could always be avoided by compliance OSHA monetizes the safety benefits of
weaknesses. with the current crane standardto standards. OSHA assigns a value of
For example, the former construction follow manufacturers specifications statistical life (VSL) to fatalities
crane standard had in former which is a general, passive, and non- prevented by the final standard of $8.7
million per VSL. This estimate is based in accidents, the Agency believes that fatalities and injuries avoided, plus $7
on the median value found by Viscusi they are in fact frequent. If the cost of million in avoided tipover accident
and Aldy in their 2003 review ($7 these kinds of accidents are only, on costs). The Agency has not quantified
million in 2000 dollars), adjusted by the average, $100,000 each, the total annual the cost savings from many accidents
GDP implicit price deflator 2000 to cost savings from avoiding two-thirds which do not involve injury that will be
2010). The total monetized value of (the fraction of current crane fatalities prevented by the final standard.
preventing 22 fatalities annually is prevented by the final standard) of them
5. Technological Feasibility
about $191.4 million. For accidents, would be about $7 million per year.
OSHA uses a willingness-to-pay That represents a cost saving of avoiding In accordance with the OSH Act,
methodology to monetize the value of accidents from just one cause. Although OSHA is required to demonstrate that
injuries avoided, of $50,000 in 2000 tipovers and crane or boom collapses occupational safety and health
dollars; which, when adjusted by the are likely the most expensive type of standards promulgated by the Agency
GDP deflator is about $62,500 in 2010 crane accident, they represent only are technologically feasible.
dollars. Thus, the monetized annual about 10 percent of the types of fatal Accordingly, OSHA reviewed the
value of an estimated 175 injuries accidents. requirements that would be imposed by
avoided by the standard annually is Tower crane collapses in urban areas, the final regulation, and assessed their
about $10.9 million. The total annual while infrequent, are very costly, as the technological feasibility. As a result of
monetized value of avoided injuries and crane is typically lost, considerable this review, OSHA has determined that
fatalities is about $202.3 million. damage done to the worksites and compliance with the requirements of the
structures beyond, and days if not final standard is technologically feasible
Costs of Crane Accidents weeks of lost production. The Agency for all affected industries. The standard
Several commenters noted that crane believes that this cost is significant, but would require employers to perform
accidents represented a substantial cost has no information in the record with crane inspections, utilize qualified or
to employers in the crane industry. (ID which to estimate this source of cost certified crane operators, address
0341; 0342; 0343; 0344.) In the PEA savings. ground conditions, maintain safe
the Agency did not estimate cost savings Similarly, there are costs associated distances from power lines using the
from avoiding crane accidents, but only with all crane accidents, whether or not encroachment prevention precautions,
estimated monetized benefits for there is an employee injury. The Agency and to fulfill other obligations under the
avoiding fatalities (the value of a does not have information in the record standard. Compliance with all of these
statistical life, or VSL) or injuries (a upon which to estimate the overall requirements can be achieved with
value based on willingness to pay). number of crane accidents, or the readily and widely available
These cost savings do not represent particular costs of the different types of technologies. Some businesses in the
other losses associated with accidents, accidents, such as dropping a load, affected industries already implement
such as production time lost to provide contact with power lines, and so forth. the requirements of the standard to
medical services to injured employees, But the Agency believes that the varying degrees (some states have
damage to cranes, damage to the work potential economic benefits from requirements), as noted during the
site or beyond, damage to the load reducing these with compliance with SBREFA Panel. OSHA believes that
materials or rigging, lost time in the final standard is likely very there are no technological constraints in
cleaning up and repairing damage to the substantial. complying with any of the proposed
worksite, lost production time while the requirements, and received no
crane is removed, repaired, or replaced Insurance Savings comments that suggested that these
with a substitute. More obviously they An expert from the insurance industry standards were technologically
do not account for costs of crane reported that his company offers a 10 infeasible.
accidents where no fatality or injury percent reduction in general liability
was recorded. There are many more premiums if all an employers operators 6. Costs
crane accidents that do not involve any are certified. (ID0343; 0345.34; The Agency received comment on
injury than those represented in the 0347.) Several commenters confirmed some unit cost estimates of specific
IMIS reports, and the Agency concludes that fact and also said that this saving provisions in the PEA: Operator
that the final standard will avoid these alone more than paid for the cost of certification, the number of crane jobs
just as effectively as the accidents where certifying operators. (ID0343.) There involving work near power lines,
injuries occur. was no information in the record about electric utilities providing voltage
For example, there were ten tipover the cost of general liability insurance to information, de-energizing power lines,
accidents with fatalities in OSHAs IMIS employers with cranes, and so the locking out automatic line re-energizing
records for 2008, and data collected in Agency cannot compute any cost saving devices, providing line wraps for power
the State of California over a three year based on their cost or prices. However, lines, and conducting power line
period showed that there were 35 this possible saving clearly shows that meetings. Based on that comment, the
(mobile) crane tipovers for the single it is not simply OSHA that sees savings Agency has revised the original cost
tipover accident fatality (Op cit. Yow, associated with operator certification, analysis ($123 million annually), and
Philip, Crane Accidents 19971999 and that employers can reasonably corrected errors noted below. The
* * *.). Since California has about ten expect some immediate savings Agency estimates that the final
percent of the U.S. population and associated with operator certification construction cranes standard will cost
economy, this suggests that there are on
(projected to cost about $51 million employers $154.1 million annually.

the order of 350 crane tipover accidents annually). The Agency did not receive comment
over a three year period, or about 120 on its estimate of the number of cranes
per year. Tipovers typically require Net Benefits and crane jobs per year; nor on the time
crane repair, lost production time for all The monetized benefits and other and cost of provisions on assembly/
employees at the site, and schedule benefits of the final standard are disassembly (except for ground
delays. Since there are firms that estimated by the Agency to be $209.3 conditions), and inspections. The
specialize in repairing cranes damaged million annually ($202.3 million from Agency also did not receive any
comment on its estimates of baseline assembly/disassembly (A/D), result of retirement for the industry, a
compliance, or the fraction of affected inspections, and ground conditions. simple five year annualization would
employers who are already performing Unit costs are explained below and overestimate costs. As a result, the
or providing protections required in the presented in Table B8. Wage rates in Agency introduced a factor to the
final standard. For example, the Agency the PEA were based on 2003 BLS data. formula to assure that no costs were
had estimated that, as a baseline, 30 The Agency has increased these base taken for recertification of retired
percent of affected crane operators are wage rates by 19 percent for the FEA, operators. (See full formulas in the
already certified. However, the Agency based on more recent BLS data. FEA.)
did receive considerable comment and Summarized costs by provision are Operator certification was the primary
new information in several areas: the presented in Table B9. focus of comments on costs. Many
number of operators already certified; commenters stated that in regard to the
Cost of Operator Certification means of crane operator certification
the number of cranes, crane jobs, and
certified crane operators from For the FEA, the Agency has Option (1), or third-party testing, was
individual employers or industries; the increased the estimated cost of test the only viable alternative. (See, e.g.,
extent of current compliance (baseline) preparation (a course) for a third party ID0151; 0342.) The Agency agrees
with providing safe ground conditions operator exam from $500 in the PEA to that this will be the primary means of
and assembly/disassembly operations; $1,500, plus, as before, $250 for the certification and notes there are several
frequency of crane inspections; and the exam itself and 18 hours of wages testing organizations now available,
frequency of work close to high-voltage ($31.37/hour, total of $564). When the with more reportedly in the process of
power lines. Based on the new total initial cost ($2,064) is annualized being accredited. (ID0341; 0343.)
information in the record, the Agency over 5 years, the annualized amount is Michael Eggenberger of Bay Ltd
has revised several of its baseline about $500. In addition, based on provided several comments on the unit
figures, discussed below. comment in the record the Agency has cost of operator certification. (ID0254.)
The Agency also received increased the baseline of current Mr. Eggenberger provided photocopies
considerable new information about compliance in the traditional of invoices that showed Bay Ltd paying
general industry sectors that would be construction industries from 30 percent for NCCCO written and practical exams,
affected by the final standard. The to 60 percent, and assumed that no over two days, for $1,375 each. The
Agency has incorporated that crane operators in the affected general invoice does not make clear whether the
information into its estimates of costs industry sectors have been certified (ID two days included prep training, but
for those sectors. The Agency has also 0341; 0342; 0343; 0344). The Agency handwritten on each invoice is the
updated its information about wages, also reduced the turnover rate of crane additional information that the invoice
establishments, and revenues from the operators from 23 percent to 5 percent, costs did not include prep training at
2006 Statistics for U.S. Business (SUSB) thus reducing the number of new $500, plus five days wages for each
and County Business Patterns. As the entrants each year who would require employee. The Agency concludes that
number of cranes in the PEA was, for certification. The annualized cost of Bay Ltd provided a course of prep
some sectors, based on an estimate of crane operator certification is estimated training and testing that lasted five days.
revenues, the number of cranes for some to be about $59 million per year. If Mr. Eggenbergers employees were
sectors has changed from the PEA based The PEA had estimated that a two-day paid the average wage (including
on newer revenue data. preparation and testing would cost benefits) of $31.36 per hour that OSHA
Employers have four years from the employers $750 for each employee is relying on, based on BLS data, then
publication date of the final rule to taking the operators certification test the total cost per employee would be
comply with the requirements for ($500 for the prep course, and $250 for $3,129 (about $1,250 in wages, $1,375
operator certification. The Agency could the written and practical exam). In for prep and the exam, and $500 in prep
assess that cost across the next four addition, employers would have to pay training.)
years and discount those values back to the wages of a crane operator ($31.37 Edison Electric Institute, representing
the present to add to the other annual per hour with benefits) for 16 hours of the electric utility industry, submitted
costs of the standard. However, his time, plus an additional 2 hours, on cost data for certification utilizing
assessing benefits for only part of the average, for travel. The total cost was $1,750 as the base cost for a training
final standard for several years is estimated to be $1,314 per employee course and the actual exam. EEI has
problematic. The Agency has concluded taking the crane certification exam. The estimated that it would cost
that the clearest picture of cost, benefits, Agency annualized that one-time figure approximately $1,500 for an employee
and impacts will be given as if all costs over 10 years, for an annual per operator training course, and $250 for the
and benefits of the final standard occur costs of $187. certification program. (ID0345.17;
in the first year. This removes the The Agency erred in the PEA in 0370.1.) EEI did not provide any detail
problems of parsing risk reduction from annualizing the cost of the training and about its figures.
separate provisions of the final standard testing over 10 years instead of five, Comment received from James Nevel
for several years, in addition to since the certification is only good for of the National Utility Training & Safety
assessing when employers might five years. Although, re-certification Education Association (NUTSEA) said
comply with certification and the does not typically entail the prep course that typical training programs that we
resulting effects on discounting. and time, and future costs of have seen run $1200 to $1400 for
Presenting full benefits and costs side certification are therefore probably classroom training and then an
considerably much lower, the Agency
by side also provides the easiest view of additional $450+ or so for the
the long-run effects of the final concludes that for purposes of weighing certification testing. (ID0155.1.)
standard. the costs and impact of the final NUTSEAs membership of 250
The Agency presents and discusses standard, that it will rely on the initial provides safety and training services to
comment on the PEA, new information costs annualized over five years. most of the electric cooperatives in the
in the record, and revisions to cost However, because the Agency United States.
estimates in the following sections: accounted for turnover of operators and California enacted a requirement for
operator certification, power lines, estimated costs for new operators as a crane operator certification which took
effect in June 2005. That States operator he sends his crane operator to, notes standard, $1,500 as the price of a two-
certification requirement did not apply that the five-day course by a national day prep course for taking the operators
to digger derricks and mobileusually consulting firm that specializes in written and hands-on exams.
truck-mountedcranes with a capacity mobile crane training and inspection The Agency did not include costs of
below 15,000 pounds. The State services is designed for both operator certification for users of
estimated that there were 5,000 mobile newcomers to the crane operators field sideboom cranes found in pipeline
cranes and 700 tower cranes affected [and] to those who have years of construction (NAICS 237120 Oil and
and that about 10,000 operators would experience. (ID0373.1.) Mr. Behlman Gas Pipeline Construction) and derricks,
require certification (Economic Impact notes that the current five-day course found in water tank construction
Statement, Attachment #1 for Crane that he provides for his crane operators (NAICS Water and Sewer Line
Operator Qualifications/Certification, as of this time still does not include a Construction). Both types of cranes are
Economic and Fiscal Impact Statement, written and practical test, such as exempted from requirements for
STD, 399). California estimated that NCCCO or the International Union of operator certification in the final
there were almost 2,000 businesses that Operating Engineers (IUOE) offers. As standard.
owned, operated, or leased cranes Mr. Brent of NCCCO said at the public The Agency increased the number of
affected by the States regulation. hearing, a lot of those costs * * * are current crane operators in construction
Further, the States impact report not associated with certification at all. who already are certified. NCCCO
estimated that the cost of certification Theyre associated with the training reported that since 1996 they had
would include a physical examination process. (ID0343.) provided exams for 65,000 operators
($320), a substance abuse test ($120), Many testing companies provide who had taken over 365,000 exams.
and cost of a written and practical exam testing along with a preparation in (Operators frequently choose to be
from a NCCCO testing agent ($550), or either two-day or five-day courses, but certified on several different types of
a total of $990 per operator. virtually all commenters on the record cranes. (ID0343.)) NCCCO reported that
The Agency received several note that few certified operators take the crane certification was primarily sought
estimates of the cost of operator preparation course when re-certifying is for construction cranes. The IUOE
certification as part of the Small done, and that re-certification is much reported that they have provided 12,000
Business Advocacy Review Panel less costly. The preparation course is written and 8,000 practical, or hands-
(SBAR). John Anderson reported that he designed not to train operators on on, exams. (ID0341.) Sixteen states
estimated certification costs at $2,900 cranes, but to help them negotiate the now have a requirement for operator
per employee, including five days for written test. Again, as noted above, the certification or licensing. (See, e.g.,
training, exam, and wages (OSHA Agency was not including in its 0347.1.) Four states have their own
S030A200600640019), with the estimates of the cost of operator State licensing programs. In addition,
average cost of an exam $382 and with certification any training related to the nations largest cities also have their
training or prep courses $1,260 on obtaining knowledge about, or own licensing or certification
average, and wages $1,255. Mr. operating, a crane, which is already a requirements. One commenter noted
Anderson also cited a general duty of operators of cranes in that in Ohio, which has no requirement
contractors cost of exams and prep construction. Operators have been for crane operator certification, hiring
class of $1,375. Art Daniels of AR taking certification exams without certified construction crane operators
Daniels Construction estimated the cost benefit of special preparatory courses had become the norm for the industry.
of certifying one operator to be for many years in cities and states (such (ID0341.) Insurance representatives
$6,141.59, but did not provide any as Connecticut and New York City) that and other commenters at the public
detail of how the estimate was perform their own testing of crane hearings noted that many employers
determined. Mr. Daniel also commented operators for licensing or certification. were getting their crane operators
that the Agencys wage estimate was too As was pointed out in testimony, part of certified as the cost was recouped from
low, but his estimate included wages for the resistance to third-party certification premium reductions. (ID0341; 0343;
overtime which accounted for much of may be that current crane operators may 0344.) Accordingly, the Agency has
the difference. (OSHAS030A2006 lack the requisite training or skills. (ID increased its estimate of the number of
00640019.) Mr. Daniel also stated that 0343.) construction crane operators who
no costs were included for re-testing or It was not incumbent upon the already are certified to 60 percent of
loss of production. However, the Agency to include purchased, current operators.
Agency did include costs for re-testing preparatory training from third party The Agency is confident that the
(when an operator initially fails the test) providers as a cost of the standard. The estimated costs of operator certification
and the value of lost production is final standard requires no such are not underestimated. The Agency
accounted for in operators wages. purchased training. The Agency concludes that at least 5 percent of
Several participants in the SBAR panel concludes that while many employers construction cranes are owner-operated.
also noted that they have no turnover and crane operators will avail (ID0025; 0341.) Since these self-
among their crane operators. themselves of the test preparation, not employed individuals or family-owned
Current OSHA standards require all will do so, and this was recognized businesses have no employees, they will
operators of construction cranes to in comment. (ID0343.) In terms of notfor purposes of following the
ensure that operators are trained. The estimating the costs of the final standardhave to be certified. In some
Agency does not agree that the final standard, it is reasonable that employees areas, it is the custom for crane
operators to pay for their own
standard requires a five-day training and and independent crane operators, who
prep course for employees to take and have already been sufficiently trained in certification. (ID0343.) However, a new
pass the crane operators certification. crane operation and may have many provision in the final standard requires
Five-day courses are designed not just to years experience, certainly need no employers to pay for certification in any
prepare potential operators for more than a short preparation to event. NCCCOs Mr. Brent testified that:
certification, but to train newcomers. successfully pass the crane operator There are some candidates who are
For example, Bob Behlman of Behlman certification tests. Thus, the Agency has paying outright. Some employers have
Builders in describing the training that included as part of the cost of the instituted a vesting program where some
fees are due to be repaid if the employee submission by Edison Electric Institute from about $30 to $320, and the cost of
leaves in a certain period. (ID0343.) In (EEI) reporting cost information from 16 supplying voltage information is $200.
addition, in situations where crane members and the testimony and written The Agency had estimated that cranes
operators are union members, who may comment from EEI itself. (ID0343; were performing operations closer than
be hired out of union hiring halls, it is 0345.17.) Based on the EEI members 10 feet, or the Table A distance, in about
likely that training and certification will information, the Agency concludes that 5 percent of all crane jobs that were not
be performed through the union rather the cost of providing voltage assembled near power lines (which was
than an employer. The IUOE pays for information is about $200 per 75 percent of the total estimated 859,000
their members crane training and occurrence; that the cost of locking out cranes jobs per year). In testimony, EEIs
certifications costs out of union dues automatic line re-energizing devices is David Highland, also from Allegheny
(ID0341); so while employers, and about $320; and that it takes electric Power, referred to the frequency of
ultimately owners of new construction utility owner/operator or engineers a close-to-power-line work as OSHAs
projects, may pay for the cost of union total of six hours ($360) for travel and estimate of 50,000 episodes per year.
operators certification via somewhat for participation in planning meetings, The 50,000 figure was also noted in
higher wages, there is no immediate cost review of procedures, and identification EEIs written testimony. (ID0345.17.)
to employers or general contractors for of a person to implement procedures. However, OSHAs estimate of the actual
operator certification. In addition, many These figures represent approximately number (5 percent of 75 percent of
certification prep courses and exams are the median or average of estimates 859,000) was approximately 32,000. Mr.
offered on weekends, and there will not provided by EEI members, although Highland also said, We thought it
be any lost time of production in such each member did not provide would double, in speaking of the
cases. (ID0343.) information about each operation. In number of times construction employers
Several small employer addition, the Agency had estimated the would operate cranes closer than the
representatives on the Small Business cost of using an insulating link when Table A distances.
Advocacy Review Panel remarked that working very close to power lines as The former OSHA standard at former
they had no turnover of crane operators. $427 per use. Comment in the record 1926.550(a)(15) permitted work near
(OSHAS030A200606640019.) showed that the average cost of these power lines no closer than 10 feet
Similarly, employers and associations devices is lower than the Agencys except where they are de-energized and
who provided public testimony at the estimate in the PEA of $15,000, that grounded or when they have insulating
standards public hearings also noted their working lifetime is 20 years rather barriers. If power lines are not de-
little or no turnover among operators. than 10, and that they may require energized or do not have insulating
Accordingly, the Agency concludes that recertification each year. (ID0085; barriers, all parts of the crane, line and
although there may be transfer between 0085.1; 0085.2.) Accordingly the load, must maintain a 10-foot clearance,
employers, crane operators are a select Agency has revised its estimated cost with a designated person to observe
and highly paid group who are unlikely per use to $210 (based on the clearance in situations where the crane
to exit their field. Employers who lease information and model in ID0085, but operator would have difficulty ensuring
cranes with operators, which is the with a 7 percent discount rate). clearance by visual means; and
predominant mode of crane jobs, or who Although the final standard may not insulating links may be used as well
hire from union hiring halls would require the use of NRTL-approved (former 1926.550(a)(15(iv)). In oral
experience no turnover of crane insulating links until up to three years testimony and written comment, EEI
operators at all. after the standard takes effect, the noted that electric utilities provide line
Agency is including costs for this covers now for construction crane
Power Lines operations, with practices varying from
provision as if employers will replace
The Agency has revised its estimates their inventory by purchasing and region to region. All electric utilities
in the PEA of the unit costs of power beginning use of NRTL-approved make use of line hoses for protection.
line work for: assembly/disassembly; insulating links in the first year that (ID0342.) Mr. Highland reported that
crane operations closer than 20 feet to these links are available. his company gave free line hose up to
a power line ( 1926.1408); and crane The Agency has also revised the costs a certain length. * * * After 20 feet,
operations within the Table A distances of planning meetings. In the PEA the they [crane users] start paying about 10
(within 10 feet in most instances) Agency concluded that four individuals bucks apiece. (ID0342.) Earlier in
( 1926.1410). Comment in the record would participate in such a meeting. testimony, EEI said, Currently, many
indicated that crane operators routinely That model fits with operations of a electric utilities also place line hoses on
assess sites for potential power line traditional lattice-boom crane. However, power lines when so requested by non-
risks. (ID0341; 0344.) Thus the most cranes jobs today are of short utility crane contractors who need to
Agency concludes that the current duration by truck-mounted cranes, and work within 10 feet of a power line.
baseline of compliance with assessing the Agency estimates that only three Usually the utility owner/operator
power line risks is 100 percent and this individuals will typically be involved in receives a call from a contractor prior to
provision does not impose new costs on a planning meeting. this work. More often than not,
affected employers. The Agency did not however, the utility discovered that
estimate costs for work near power lines Operations Closer Than Table A work is being performed close to a
within Table A distances for the electric Distance power line when it is observed by
utility industries, power line The Agency received comment about happenstance, for many contractors
work close to power lines that has
construction, and electric contractors, as simply do not call. (ID0342.) Although

these employers work near power lines significantly increased its estimates of the electric utility industry predicted
under subpart V. costs. (ID0342; 0345.17.) Unit costs that the number of these episodes
The Agency has revised estimates of for the time required of electric utilities involving construction cranes would
unit costs for some operations near or professional engineers has been double or increase exponentially, and
power lines. There were two primary revised to $360 per episode; costs of de- thereby force them to incur greater costs
sources for the revision of some unit activating or locking automatic line under the standard, the Agency
costs of power line work: the written reclosure devices has been increased disagrees. The final standard imposes
significant new procedures and costs Assembly/Disassembly Near Power The Agency estimates that the total
beyond what current standards require. Lines costs of providing protective procedures
Generally, one expects crane users in Under the proposed standard, before during A/D near power lines for a
the affected industries to take further beginning crane assembly/disassembly, typical crane job will cost less than
steps to avoid working closer than the the crane operator or employer must $100. Table B9, Cost by Provision,
Table A distances to power lines, rather determine if any parts of the crane or shows that the total costs of these
than more. equipment may get closer than 20 feet operations for all affected employers is
The Agency included in its cost to a power line during A/D. If so, either estimated to be about $16 million
estimates for work closer than Table A annually.
the employer must have the line de-
distances the following: energized (Option (1)); stay farther than Crane Operations Within 20 Feet of
A planning meeting (2 hours for 20 feet from the power line (Option (2)); Power Lines ( 1926.1408)
three individuals costing about $132); or follow the procedures in Option (3):
Time and costs for the utility Under the proposed standard, before
determine the line voltage and beginning crane or derrick operations,
owner/operator or engineer for all of minimum clearance distance; prevent
their duties (6 hours or $360), i.e., employers must either: (1) Define a
encroachment by having a planning work zone with demarcated boundaries
planning, voltage information, meeting and use either a dedicated
determining a minimum clearance by using flags or a device such as a
spotter, proximity alarm, a range range-limiting device or range-control
distance, reviewing procedures, and control warning device, or an elevated
identification of an individual to warning device that prohibits the
warning line. The Agency believes that operator from operating the crane past
implement procedures; by far the most common method will be
Request that electric utilities de- those boundaries, or (2) define the work
to provide a dedicated spotter during zone as the area 360 degrees around the
activate the automatic re-energizing A/D. There was considerable comment
devices, which the Agency assumes will crane based on the cranes maximum
in the record that de-energizing lines working radius (see proposed
cost crane employers $320, on average, was rare, difficult for regulatory reasons,
to be paid to electric utilities; 1926.1408(a)(1)). The Agency
and expensive. (ID0342.) estimates that, in most cases, the least-
Use a dedicated spotter at all times The Agency has estimated costs as if
(average of 4 hours, $64.06); cost option would be to mark the zone
A/D operations near power lines follow with flags. Based on the defined work
Use of an insulating link ($210); Option (3) and that crane employers or zone, the employer must determine
and owners use a spotter to ensure that whether the crane, load, or load line, if
Provision of barricades and cranes stay far enough away. In the PEA, operated to its maximum working
grounding of equipment ($4.04 and the Agency estimated that this radius, could get closer than 20 feet to
$8.08). happened in 25 percent of crane jobs. a power line.
The crane user must also secure voltage There was no comment on that estimate If the 20-foot determination is
information from the electric utility, but in the rulemaking, and the Agency positive, then the employer would be
the Agency assumes that since the concludes that A/D near power lines required to follow one of three options.
utilitys owner/operator or an engineer occurs about 200,000 times per year. If any part of the crane, load, or load
is present, this information is at hand; The Agency has estimated A/D costs line could not come within more than
therefore, for work within Table A near power lines as follows: 20 feet of a power line at the cranes
distances, there is no separate, Crane operators and employers maximum radius, the employer would
additional cost. already assess distance to power lines; not be required to take any further
Since line hoses or barriers are so the Agency takes this as a baseline action. If the crane operations could
already required, and terms are and concludes there are no new costs take the crane closer than 20 feet, the
currently arranged between the crane due to this provision in the final employer must either: (1) De-energize
employer and the utility, there is no standard; and visibly ground the power line, (2)
new cost for line covers under the final To determine voltage and the maintain the 20-foot clearance by
standard. The Agency concludes that minimum clearance distance, the employing a spotter or other warning
the crane employer faces, at a minimum, Agency estimates that A/D will be close device, after having a planning meeting,
about $800 in new costs under the final enough to the power line to contact the or (3) determine the line voltage and
standard to work within 10 feet or the utility about 25 percent of the time, minimum clearance distance and
Table A distance of a power line. If the costing about $50 (one-fourth of $200), maintain that distance between all crane
employer must also fully compensate on average, for each A/D episode. Most parts and the power line by employing
the electric utility for the utility owners crane operations will be near typical a spotter or other warning device, after
or engineers time, the total cost is residential power lines of less than 50 having a planning meeting.
estimated at $1,100. kV, with a minimum clearance distance If the employer follows Option (2) or
The final standard seems to shift the from Table A of 10 feet. (3), the employer must then maintain
duty and expense of line covers wholly Hold a planning meeting which for the appropriate distance by
onto electric utilities, with crane the typical crane operation will consist implementing several encroachment-
contractors reported as compensating of the crane operator, spotter, and any prevention procedures to ensure that the
electric utilities to some degree on-site employer or contractor (for a crane does not contact the energized
currently. (ID0342.) However, the lattice-boom crane that truly performs power lines, including: Having a
limited comment on this issue in the A/D operations, many more individuals planning meeting with the operator and
record does not permit an estimate of are involved in the planning meeting as other workers who will be in the area
any effect. required in 1926.1407(b)(1); of the crane, and using either a
All other provisions of the final Employ a spotter to ensure that the proximity alarm, operational aids/
standards 1926.1410 are already being minimum clearance distance is limiting devices, a dedicated spotter, or
performed in current construction crane maintained, and provide training for the an elevated warning line. The Agency
jobs close to power lines, the Agency spotter, if needed (2 hours plus 15 estimates that a designated spotter
concludes. minutes training). would be used to ensure that the
appropriate distance is maintained provision requiring written notification final standard, but still included A/D
between the crane and power line. when an operational aid is broken or a costs related to work near power lines.
In the SBAR panel process, many repair is necessary ( 1926.1417(j)(1)). There was considerable comment
small entity representatives commented The Agency has estimated that about ground conditions. The final
on this provision. The majority believed condition will occur to 30 percent of standard places responsibility for
that, most of the time, a dedicated (122,091) cranes annually and require providing sufficient ground conditions
spotter would be used. For some, work 0.17 hours (10 minutes) of a crane on the controlling entity. Small
near electric lines was rare; for others, operators time (wage $35.62). This cost builders and general contractors
it occurred several times each year. In of written notification (about $257,000 objected to this provision. There were
the PEA, the Agency estimates that work annually, or $2 per crane, on average) several parts to most of the criticisms.
potentially within 20 feet of a power has been added to the inspection costs First, many builders and contractors
line, occurred on 22.5 percent of all in the tables. The Agency has also now rely on the crane company or the
crane jobs. The Agency has simplified included in the inspection costs the crane operator to assess conditions for
this estimate for the final analysis, and estimated the cost of providing affected safe crane operations, for example,
estimates that, as for A/D operations employees notice at the beginning of when hiring a crane company to set roof
near power lines, operations within 20 each shift that a crane function or part trusses. (ID0341; 0343.) In addition,
feet of power lines occur about 200,000 is broken ( 1926.1417(j)(2)). The many builders or contractors who hire
times per year. Agency estimates that such notice will cranes for particular construction jobs
Costs for working within 20 feet of take an average of 3 minutes for, on have no expertise in ground conditions
power lines thus consists of: average, 20 days by the crane operator. (ID0341), which the Agency
Identifying and demarcating a work acknowledged in the proposals
Ground Conditions and Assembly/ preamble. In response to these
zone and determining the maximum
Disassembly comments, the Agency accounted for
swing radius of the crane (0.5 hours)
Ensure that the crane does not come In the PEA the Agency estimated that the new burden which controlling
within 20 feet of the power line by using for each crane job an assembly/ entities will have under the final
a dedicated spotter (2 hours), or disassembly (A/D) supervisorlikely standard.
Determine the line voltage and the crane operator in many instances These costs fall primarily on the
maintain the minimum Table A would assess ground conditions and lessees of cranes or of cranes with
clearance distance by using a dedicated power line risks. Many commenters operators, not employers affected by the
spotter (2 hours). reported that these functions were crane standard who own their own
Seek voltage information. routinely already performed, and the cranes. The Agency concludes that, for
The Agency estimates that, for Agency has adopted that practice as its estimating the costs of the ground
operations near power lines, crane baseline. (ID0341; 0343.) More conditions provision, builders of large
employers will do so about half the time pointedly, most crane jobs today are commercial, residential, and industrial
($100, or one-half of $200), on average, performed by truck-mounted cranes. buildings and contractors do not face a
for each occurrence. Several commenters noted in both new cost since they are, in general, at
The Agency estimates the average cost written comment and oral testimony the building site. However, small
for protective measures in the final that these cranes have no assembly or builders and developers, or their
standard for cranes to work within 20 disassembly. While there is a lengthy supervisors or representative, may not
feet of a power line is about $160. description in the A/D provision in the be at one of their sites. (ID0341.) The
Crane Inspections final standard, with pictures, of steps Agency estimates that the ground
and procedures for lattice-boom cranes, conditions duty will require two hours
The Agency received little comment these cranes perform relatively few of employer time to be present at the
on its estimates of costs of inspections. crane jobs. A large lattice-boom crane site to meet their obligations. However,
Inspections were frequently mentioned may be assembled for a job lasting the standard does not require that
by commenters as necessary and already several monthsone crane jobwhile a controlling entities be physically
being performed. However, the industry truck-mounted hydraulic crane may present, and the Agency concludes that
consensus standard requires frequent perform three or four jobs in a day. in most cases their attendance at the site
(daily to monthly) inspections and While truck-mounted cranes have safety will not be necessary because, in most
periodic inspections (monthly to annual hazards when extending stabilizers or situations, the ground conditions will be
ones). The final standard requires daily outriggers, these are not the same dry and reasonably level, and the cranes
visual inspections, and monthly and hazards associated with lattice-boom will be lifting materials such as roof
annual inspections that must be cranesor tower cranes which have trusses and pre-fabricated wall
documented. In addition, the final their own specific provisions for sectionsi.e., low-risk ground
standard adds more specific checks on erection and climbing at 1926.1435, conditions. Any information that the
more equipment that the consensus Tower Cranes. There are also relatively controlling entity has about
standards. Thus, the Agency is keeping few tower cranes, which also perform a underground risks can be
its estimate that monthly and annual single crane job that may last many communicated by telephone. The
inspections will take 15 minutes longer months. Agency concludes that small builders in
than is typically done today. Due to an No commenter denied that current three industries will, at most, be
error in the spreadsheet calculations, in crane operators assess conditions prior affected by the ground condition
the PEA estimates of the monthly to setting up and operating a crane. In
provision at 10 percent of their projects

inspections were too highbased on an addition to comment in the record, involving crane operations. The Agency
additional 30 minutes per month rather several organizations provided training concludes that the typical crane job
than 15 minutes. When this error was materials that indicated an assessment setting roof trussesand the fact that
corrected the annual additional cost for of conditions was standard operating these loads are generally not close to the
inspections fell from about $21 million procedures for crane work. (ID0345.14; capacity of the truck-mounted cranes
per year in the PEA to $16 million 0345.17; 0380.) The Agency that perform the task, means that
annually. The final standard has a new eliminated these assessment costs in the concern about ground conditions will
not arise often. The three affected jobs within the industry sectors by small do so. (ID0341: 0343.) Testing in other
industries are: NAICS 236115 New employers. The costs for the affected languages would not merely require
Single Family Housing Construction; sectors are presented in Table B9. translating existing written and practical
NAICS 236117 New Housing Operative Table B10 presents average annual test materials, but developing and
Builders; and NAICS 236118 Residential costs per establishment across the evaluating tests as if they were
Remodelers. affected sectors. Table B11 provides completely original. There was
The Agency has estimated the costs of the Agencys estimate of the number of comment in the record that some
complying with the controlling entities cranes and crane jobs. current crane operators would not be
duties in regard to ground conditions for able to read and therefore successfully
Language and Literacy
SBA-size small entities in the three pass a test in English. (ID0100.1;
affected industries. The criterion for There was also comment in the record 0243.1; 0387.) The Agency is not
small entity for these industries by about the difficulty some current crane presenting any quantitative estimate of
SBA is revenue of less than $31 million. operators may have in achieving crane the impact of the final standard on
This is roughly comparable to operator certification due to a language individuals with language or literacy
construction of about 100 single family barrier or weak literacy skills, and thus issues. The final standard has a new
homes, and the Agency concludes that the FEA also describes possible impacts provision requiring that certification
all small builders are certainly captured on current and future crane operators. exams must be administered in a
within this category. Accordingly, the Two testing organizations reported in language understood by the operator
Agency calculated the costs of the public hearings that they neither candidate which may alleviate any
expending two hours of time by offer crane operator testing in languages burden imposed on non-English
employers for 10 percent of all crane other than English nor had any plans to speaking crane operators.
TABLE B8UNIT COST ESTIMATES FOR THE CRANES AND DERRICKS PROPOSED STANDARD
Employee type
Section Requirement Incremental time/cost (wage)
Assembly/Disassembly Near Assess power line hazards ............... ........................................ Current practice.
Power Lines.
If w/in 20, determine voltage ............ $200 ............................... 25% of episodes = $50 on avg. per
episode.
Planning meeting ............................... 20 mins .......................... Spotter ($18.35); operator or A/D di-
rector ($35.62); rigger ($21.12).
Spotter ............................................... 1 hour ............................. Spotter/ee ($18.35).
Power Line SafetyOperations within Demarcate work zone ....................... 30 mins/instance ............ Employee ($18.35).
20 feet.
Planning Meeting ............................... 20 minutes ..................... AD director or operator ($35.62);
Rigger ($21.12) Employee
($18.35).
Voltage information ............................ $200 ............................... 50% of time = $100 avg.
A dedicated spotter is needed .......... 2 hours per incident ....... Employee ($18.35), AD director/oper-
Spotter training .................................. 15 minutes (each) .......... ator ($35.62).
Employee ($18.35).
Power Line SafetyOperations (Clos- Min. clearance determination; voltage 6 hours, including travel Professional engineer (PE) ($72.22)
er Than Table A). information; planning meeting, re- or line owner/operator.
view procedures, identification of
implementer.
Planning meeting, review proce- 2 hours ........................... Rigger ($21.12); spotter ($18.35); A/
dures, identify implementer. D director or crane operator
($35.62).
Dedicated spotter .............................. 4 hours ........................... Employee ($18.35).
Barricades/work zone ........................ 15 minutes ..................... Employee ($18.35).
Equipment grounding ........................ 30 minutes ..................... PE ($72.22).
Insulating Link .................................... $210 per use.
Written procedures ............................ Developed during planning meeting.
Barricades .......................................... 15 minutes ..................... Employee ($18.36).
Limit access ....................................... Discussed during instruction/training.

Non-conductive rigging ...................... Current practice.
Line covers ........................................ $400800 ....................... Current practice.

Deactivate automatic Reclosure de- $320 ............................... Crane employer.
vices.
TABLE B8UNIT COST ESTIMATES FOR THE CRANES AND DERRICKS PROPOSED STANDARDContinued
Employee type
Section Requirement Incremental time/cost (wage)
Crane Inspections ............................... Monthly inspection ............................. 15 minutes per crane in Competent person ($22.88).
addition to current
time spent (includes 2
minutes per crane for
recordkeeping).
Annual inspection .............................. 15 minutes per crane in Qualified person ($41.25).
addition to current
time spent (includes 2
minutes per crane for
recordkeeping).
Repair inspections ............................. 15 minutes per crane Qualified person ($41.25).
(includes 2 minutes
per crane for record-
keeping).
Written notification of inoperable 30% of cranes annually; Crane Operator ($35.62).
operational aid or repair needed. 0.17 hrs;.
Notify affected employees each shift 30% of cranes annually, Crane Operator ($35.62).
of a broken crane part or oper- notify on avg. for 20
ational aid. days, 3 minutes each
day.
Operator Training for Certification/ Certify operators ................................ Wages for operators training time (16 hours) for a 2-day prep
Qualification. course with exams, plus 2 additional hours for travel time. Thus,
the total operators pre-course and exam time is 18 hours. Cost
for a 2-day course estimated to be $1,500. Total cost $2,054.
Annualized and adjusted for 5 percent turnover. Base line: 60%
of construction operators certified; 0% of crane operators in af-
fected gen. indus sectors.
Source: Office of Regulatory Analysis; BLS 2010 Wages and Earnings.
TABLE B9ANNUALIZED COMPLIANCE COST BY SECTOR AND MAJOR PROVISION

Number of Number of Crane as- Operator Total
Ground Power line Crane
NAIC Industry affected affected sembly/dis- qualification annualized
conds safety inspections
firms estabs assembly certification cost
238990 ............. All Other Specialty Trade 1,244 1,304 .................... .................... .................... $823,510 $1,689,387 $2,512,898
Cont.
532412 ............. Const./Min./For. Machine & 2,137 3,702 .................... .................... .................... 6,644,845 3,407,886 10,052,732
Equip.
236115 ............. New Single-Family Housing 178 178 0 6,321 26,332 13,337 26,331 72,322
Const.
236118 ............. Residential Remodelers ...... 25 25 0 1,786 7,442 3,798 7,441 20,467
236210 ............. Industrial Building Construc- 9 12 0 23,633 98,449 50,242 98,441 270,766
tion.
236220 ............. Commercial and Institutional 23 31 0 20,783 86,575 44,183 86,568 238,109
Building.
237110 ............. Water and Sewer Line and 52 69 0 45,692 190,340 97,138 190,326 523,496
Related Struct.
237120 ............. Oil and Gas Pipeline and 20 26 0 23,103 96,241 49,116 96,233 264,693
Related Struct.
237130 ............. Power and Communication 34 34 0 15,788 65,769 33,565 65,765 180,887
Line and Rel.
237310 ............. Highway, Street, and Bridge 80 107 0 0 0 432,238 846,896 1,279,134
Construction.
237990 ............. Other Heavy and Civil Engi- 76 101 0 166,149 692,126 353,220 692,074 1,903,569
neering Const.
238110 ............. Poured Concrete Founda- 261 261 0 95,662 398,499 203,371 398,470 1,096,002
tion and Struct.

238120 ............. Structural Steel and Precast 200 266 0 147,527 614,552 313,631 614,507 1,690,217
Concrete.
238130 ............. Framing Contractors ........... 26 26 0 643 2,680 1,368 2,680 7,372
238150 ............. Glass and Glazing Contrac- 42 42 0 4,174 17,387 8,873 17,386 47,819
tors.
238170 ............. Siding Contractors .............. 5 5 0 400 1,667 851 1,666 4,584
238190 ............. Other Foundation, Structure, 49 65 0 15,817 65,888 33,625 65,883 181,212
and Building.
TABLE B9ANNUALIZED COMPLIANCE COST BY SECTOR AND MAJOR PROVISIONContinued

238210 ............. Electrical Contractors .......... 15 15 0 0 0 6,700 13,128 19,828

238220 ............. Plumbing, Heating, and Air- 2 3 0 2,823 11,760 6,001 11,759 32,343
Conditioning.
238290 ............. Other Building Equipment 113 151 0 84,587 352,364 179,826 352,338 969,116
Contractors.
238320 ............. Painting and Wall Covering 21 21 0 3,103 12,926 6,597 12,925 35,552
Contract.
238910 ............. Site Preparation Contractors 400 400 0 107,618 448,301 228,787 448,268 1,232,974
Subtotal ............................... 1,630 1,838 0 765,611 3,189,297 2,066,467 4,049,086 10,070,461
Own but Do Not Rent
236115 ............. New Single family housing 3,097 3,097 0 242,637 832,026 424,617 831,965 2,331,245
construction.
236116 ............. New Multifamily housing 217 217 0 17,027 58,388 29,798 58,384 163,597
construction.
236117 ............. New housing operative 1,699 1,699 0 133,123 456,493 232,967 456,459 1,279,042
builders.
236118 ............. Residential Remodelers ...... 985 985 0 77,148 264,548 135,010 264,528 741,233
236210 ............. Industrial building construc- 276 325 0 25,482 87,381 44,594 87,374 244,832
tion.
236220 ............. Commercial and Institutional 4,141 4,141 0 324,459 1,112,602 567,806 1,112,520 3,117,387
Bldg. Const.
237110 ............. Water and Sewer Line 1,028 1,371 0 107,390 368,252 187,934 231,198 894,775
Const.
237120 ............. Oil and gas pipeline con- 128 171 0 13,384 45,894 23,421 9,178 91,877
struction.
237130 ............. Power and communication 213 285 0 0 0 39,013 76,439 115,452
line const.
237210 ............. Land subdivision ................. 0 0 0 0 0 0 0 0
237310 ............. Highway, street and bridge 88 118 0 9,209 31,580 16,117 31,578 88,484
const.
237990 ............. Other heavy and civil eng ... 273 273 0 21,392 73,355 37,436 73,349 205,532
238110 ............. Poured Concrete foundation 267 267 0 20,914 71,716 36,599 71,710 200,940
and struct.
238120 ............. Structural steel and precast 334 334 0 26,187 89,799 45,828 89,793 251,607
concrete.
238130 ............. Framing Contractors ........... 1,395 1,395 0 109,345 374,956 191,355 374,928 1,050,585
238140 ............. Masonry Contractors ........... 137 137 0 10,747 36,852 18,807 36,849 103,255
238150 ............. Glass & Glazing Contractors 54 54 0 4,253 14,582 7,442 14,581 40,858
238160 ............. Roofing Contractors ............ 197 197 0 15,405 52,826 26,959 52,822 148,013
238170 ............. Siding Contractors .............. 53 53 0 4,129 14,158 7,225 14,157 39,668
238190 ............. Other foundation, structure, 25 25 0 1,997 6,849 3,495 6,849 19,191
building, ext.
238210 ............. Electrical Contractors .......... 78 78 0 0 0 10,633 20,834 31,468
238220 ............. Plumbing, Heating and Air- 98 98 0 7,690 26,371 13,458 26,369 73,889
conditioning Cont.
238290 ............. Other building equipment 49 65 0 5,103 17,498 8,930 17,496 49,027
cont.
238310 ............. Drywall and insulation con- 0 0 0 0 0 0 0 0
tractors.
238320 ............. Painting and wall covering 41 41 0 3,248 11,139 5,685 11,138 31,211
contractors.
238330 ............. Flooring Contractors ............ 0 0 0 0 0 0 0 0
238340 ............. Tile and Terrazzo contrac- 0 0 0 0 0 0 0 0
tors.
238350 ............. Finish Carpentry contractors 0 0 0 0 0 0 0 0
238390 ............. Other building finishing con- 0 0 0 0 0 0 0 0
tractors.
238910 ............. Site Preparation .................. 389 389 0 30,454 104,430 53,295 104,422 292,601
221110 ............. Electric Power Generation .. 524 2,101 0 0 2,304,000 363,390 4,063,374 6,730,763
221120 ............. Electric Power Trans- 1,232 7,393 0 0 9,216,000 777,517 8,694,086 18,687,603
mission, Control, Dist.
221210 ............. Natural Gas Distribution ...... 526 2,458 0 192,605 660,462 337,061 1,256,324 2,446,452
321213 ............. Engineered Wood Member 132 162 0 12,694 43,529 22,215 82,801 161,239
(exc Truss) Mfg.
321214 ............. Truss Manufacturing ........... 902 1,085 0 85,019 291,538 148,784 554,561 1,079,902
336611 ............. Ship Building and Repairing 575 635 0 21,549 73,892 37,710 281,114 414,265
339950 ............. Sign Manufacturing ............. 6,291 6,415 0 186,336 638,966 326,091 1,215,434 2,366,828
423310 ............. Lumbr, Plywd, Millwork, Wd 6,450 8,715 0 0 0 0 0 0

Pnl Mrchnt Whle.
423330 ............. Roofing, Siding, and Insul 1,142 2,762 0 0 0 0 0 0
Material Merch Whle.
423390 ............. Other Construction Material 2,363 3,155 0 0 0 0 0 0
Merchant Whle.
423730 ............. Warm Air Heating and Air- 2,533 5,193 0 813,831 2,790,707 1,424,213 5,308,453 10,337,204
Cond. Equip. & Suppl.
444110 ............. Home Centers ..................... 2,553 6,749 0 0 0 0 0 0
TABLE B9ANNUALIZED COMPLIANCE COST BY SECTOR AND MAJOR PROVISIONContinued

454312 ............. Liquefied Petroleum Gas 2,307 5,567 0 436,222 1,495,847 763,392 2,845,384 5,540,845
(Bottled Gas) Dealers.
482110 ............. Railroads ............................. NA NA NA NA NA NA NA 0
486210 ............. Pipeline Transportation of 127 1,363 0 106,803 366,237 186,906 696,651 1,356,596
Natural Gas.
517110 ............. Wired Telecommunications 2,517 27,159 0 0 0 411,384 1,533,349 1,944,733
Carriers.
Subtotal ............................... 45,436 96,725 0 3,065,783 22,032,873 6,967,089 30,606,452 62,672,198
236115 ............. New Single family housing 31,054 31,054 1,276,695 2,433,344 8,344,177 .................... 2,085,890 14,140,107
construction.
236116 ............. New Multifamily housing 2,173 2,173 0 170,273 583,883 .................... 145,960 900,116
construction.
236117 ............. New housing operative 16,989 16,989 681,229 1,331,232 4,564,926 .................... 1,141,147 7,718,535
builders.
236118 ............. Residential Remodelers ...... 9,848 9,848 404,986 771,674 2,646,147 .................... 661,488 4,484,296
236210 ............. Industrial building construc- 3,264 3,264 0 255,762 877,033 .................... 219,242 1,352,038
tion.
236220 ............. Commercial and Institutional 41,438 41,438 0 3,247,019 11,134,347 .................... 2,783,381 17,164,747
Bldg. Construction.
237110 ............. Water and Sewer Line 13,774 13,774 0 1,079,310 3,701,059 .................... 925,197 5,705,566
Const.
237120 ............. Oil and gas pipeline con- 1,301 1,734 0 135,874 465,924 .................... 116,472 718,270
struction.
237130 ............. Power and communication 2,147 2,862 0 0 0 .................... 192,240 192,240
line const.
237210 ............. Land subdivision ................. 0 0 0 0 0 .................... 0 0
237310 ............. Highway, street and bridge 890 1,186 0 92,933 318,677 .................... 79,663 491,273
const.
237990 ............. Other heavy and civil eng ... 2,781 2,781 0 217,876 747,117 .................... 186,766 1,151,759
238110 ............. Poured Concrete foundation 1,348 1,348 0 105,592 362,085 .................... 90,515 558,192
and struct.
238120 ............. Structural steel and precast 3,608 3,608 0 282,717 969,466 .................... 242,349 1,494,532
concrete.
238130 ............. Framing Contractors ........... 13,974 13,974 0 1,094,981 3,754,799 .................... 938,630 5,788,411
238140 ............. Masonry Contractors ........... 1,372 1,372 0 107,469 368,521 .................... 92,123 568,113
238150 ............. Glass & Glazing Contractors 547 547 0 42,854 146,951 .................... 36,735 226,541
238160 ............. Roofing Contractors ............ 1,966 1,966 0 154,053 528,262 .................... 132,056 814,371
238170 ............. Siding Contractors .............. 527 527 0 41,307 141,645 .................... 35,409 218,360
238190 ............. Other foundation, structure, 258 258 0 20,228 69,365 .................... 17,340 106,933
building, ext.
238210 ............. Electrical Contractors .......... 776 776 0 0 0 .................... 52,096 52,096
238220 ............. Plumbing, Heating and Air- 981 981 0 76,906 263,720 .................... 65,925 406,552
conditioning Cont.
238290 ............. Other building equipment 4,997 6,663 0 522,103 1,790,341 .................... 447,552 2,759,996
cont.
238310 ............. Drywall and insulation con- 0 0 0 0 0 .................... 0 0
tractors.
238320 ............. Painting and wall covering 415 415 0 32,501 111,448 .................... 27,860 171,809
contractors.
238330 ............. Flooring Contractors ............ 0 0 0 0 0 .................... 0 0
238340 ............. Tile and Terrazzo contrac- 0 0 0 0 0 .................... 0 0
tors.
238350 ............. Finish Carpentry contractors 0 0 0 0 0 .................... 0 0
238390 ............. Other building finishing con- 0 0 0 0 0 .................... 0 0
tractors.
238910 ............. Site Preparation .................. 3,927 3,927 0 307,675 1,055,046 .................... 263,742 1,626,463
Subtotal ............................... 160,352 163,463 2,362,911 12,523,682 42,944,942 .................... 10,979,778 68,811,312
Total ............................. 210,800 267,032 2,362,911 16,355,077 68,167,112 16,501,911 50,732,589 154,119,600
Source: ORA.
TABLE B10ANNUALIZED COMPLIANCE COSTS PER ESTABLISHMENTS BY SECTOR

Number of Annualized
Number of Cost per
NAIC Industry affected compliance
affected firms estab.
estabs. cost
Crane Rental With Operators
238990 ......... All Other Specialty Trade Cont ..................................................... 1,244 1,304 $2,512,898 $1,927
TABLE B10ANNUALIZED COMPLIANCE COSTS PER ESTABLISHMENTS BY SECTORContinued

Number of Cost per
estabs. cost
Crane Rental Without Operators (Bare Rentals)
532412 ......... Const./Min./For. Machine & Equip ................................................ 2,137 3,702 10,052,732 2,934
Own and Rent Cranes With Operators
236115 ......... New Single-Family Housing Const ............................................... 178 178 72,322 406
236118 ......... Residential Remodelers ................................................................ 25 25 20,467 819
236210 ......... Industrial Building Construction .................................................... 9 12 270,766 22,564
236220 ......... Commercial and Institutional Building ........................................... 23 31 238,109 7,681
237110 ......... Water and Sewer Line and Related Struct ................................... 52 69 523,496 7,587
237120 ......... Oil and Gas Pipeline and Related Struct ...................................... 20 26 264,693 10,180
237130 ......... Power and Communication Line and Rel ..................................... 34 34 180,887 5,320
237310 ......... Highway, Street, and Bridge Construction .................................... 80 107 1,279,134 11,955
237990 ......... Other Heavy and Civil Engineering Const .................................... 76 101 1,903,569 18,847
238110 ......... Poured Concrete Foundation and Struct ...................................... 261 261 1,096,002 4,199
238120 ......... Structural Steel and Precast Concrete ......................................... 200 266 1,690,217 6,354
238130 ......... Framing Contractors ..................................................................... 26 26 7,372 284
238150 ......... Glass and Glazing Contractors ..................................................... 42 42 47,819 1,139
238170 ......... Siding Contractors ......................................................................... 5 5 4,584 917
238190 ......... Other Foundation, Structure, and Building ................................... 49 65 181,212 2,788
238210 ......... Electrical Contractors .................................................................... 15 15 19,828 1,322
238220 ......... Plumbing, Heating, and Air-Conditioning ...................................... 2 3 32,343 10,781
238290 ......... Other Building Equipment Contractors ......................................... 113 151 969,116 6,418
238320 ......... Painting and Wall Covering Contract ............................................ 21 21 35,552 1,693
238910 ......... Site Preparation Contractors ......................................................... 400 400 1,232,974 3,082
Subtotal ......................................................................................... 1,630 1,838 10,070,461 ......................
Own but Do Not Rent
236115 ......... New Single family housing construction ....................................... 3,097 3,097 2,331,245 753
236116 ......... New Multifamily housing construction ........................................... 217 217 163,597 753
236117 ......... New housing operative builders .................................................... 1,699 1,699 1,279,042 753
236210 ......... Industrial building construction ...................................................... 276 325 244,832 753
236220 ......... Commercial and Institutional Bldg. Const ..................................... 4,141 4,141 3,117,387 753
237110 ......... Water and Sewer Line Const ........................................................ 1,028 1,371 894,775 653
237120 ......... Oil and gas pipeline construction .................................................. 128 171 91,877 538
237130 ......... Power and communication line const ........................................... 213 285 115,452 406
237210 ......... Land subdivision ........................................................................... 0 0 0 0
237310 ......... Highway, street and bridge const ................................................. 88 118 88,484 753
237990 ......... Other heavy and civil eng ............................................................. 273 273 205,532 753
238110 ......... Poured Concrete foundation and struct ........................................ 267 267 200,940 753
238120 ......... Structural steel and precast concrete ........................................... 334 334 251,607 753
238130 ......... Framing Contractors ..................................................................... 1,395 1,395 1,050,585 753
238140 ......... Masonry Contractors ..................................................................... 137 137 103,255 753
238150 ......... Glass & Glazing Contractors ........................................................ 54 54 40,858 753
238160 ......... Roofing Contractors ...................................................................... 197 197 148,013 753
238190 ......... Other foundation, structure, building, ext ...................................... 25 25 19,191 753
238210 ......... Electrical Contractors .................................................................... 78 78 31,468 406
238220 ......... Plumbing, Heating and Air-conditioning Cont ............................... 98 98 73,889 753
238290 ......... Other building equipment cont ...................................................... 49 65 49,027 753
238310 ......... Drywall and insulation contractors ................................................ 0 0 0 0
238320 ......... Painting and wall covering contractors ......................................... 41 41 31,211 753
238330 ......... Flooring Contractors ...................................................................... 0 0 0 0
238340 ......... Tile and Terrazzo contractors ....................................................... 0 0 0 0
238350 ......... Finish Carpentry contractors ......................................................... 0 0 0 0
238390 ......... Other building finishing contractors .............................................. 0 0 0 0
238910 ......... Site Preparation ............................................................................ 389 389 292,601 753
221110 ......... Electric Power Generation ............................................................ 524 2,101 6,730,763 3,204
221120 ......... Electric Power Transmission, Control, Dist .................................. 1,232 7,393 18,687,603 2,528
221210 ......... Natural Gas Distribution ................................................................ 526 2,458 2,446,452 995
321213 ......... Engineered Wood Member (exc Truss) Mfg ................................ 132 162 161,239 995
321214 ......... Truss Manufacturing ..................................................................... 902 1,085 1,079,902 995
336611 ......... Ship Building and Repairing ......................................................... 575 635 414,265 652
339950 ......... Sign Manufacturing ....................................................................... 6,291 6,415 2,366,828 369
423310 ......... Lumbr, Plywd, Millwork, Wd Pnl Mrchnt Whle .............................. 6,450 8,715 0 0
423330 ......... Roofing, Siding, and Insul Material Merch Whle .......................... 1,142 2,762 0 0
423390 ......... Other Construction Material Merchant Whle ................................ 2,363 3,155 0 0
TABLE B10ANNUALIZED COMPLIANCE COSTS PER ESTABLISHMENTS BY SECTORContinued

Number of Cost per
estabs. cost
423730 ......... Warm Air Heating and Air-Cond. Equip. & Suppl ......................... 2,533 5,193 10,337,204 1,991
444110 ......... Home Centers ............................................................................... 2,553 6,749 0 0
454312 ......... Liquefied Petroleum Gas (Bottled Gas) Dealers .......................... 2,307 5,567 5,540,845 995
482110 ......... Railroads ....................................................................................... NA NA NA NA
486210 ......... Pipeline Transportation of Natural Gas ........................................ 127 1,363 1,356,596 995
517110 ......... Wired Telecommunications Carriers ............................................. 2,517 27,159 1,944,733 72
Subtotal ......................................................................................... 45,436 96,725 62,672,198 ......................
236116 ......... New Multifamily housing construction ........................................... 2,173 2,173 900,116 414
236118 ......... Residential Remodelers ................................................................ 9,848 9,848 4,484,296 455
236210 ......... Industrial building construction ...................................................... 3,264 3,264 1,352,038 414
236220 ......... Commercial and Institutional Bldg. Construction .......................... 41,438 41,438 17,164,747 414
237110 ......... Water and Sewer Line Const ........................................................ 13,774 13,774 5,705,566 414
237120 ......... Oil and gas pipeline construction .................................................. 1,301 1,734 718,270 552
237130 ......... Power and communication line const ........................................... 2,147 2,862 192,240 90
237210 ......... Land subdivision ........................................................................... 0 0 0 NA
237310 ......... Highway, street and bridge const ................................................. 890 1,186 491,273 552
237990 ......... Other heavy and civil eng ............................................................. 2,781 2,781 1,151,759 414
238110 ......... Poured Concrete foundation and struct ........................................ 1,348 1,348 558,192 414
238120 ......... Structural steel and precast concrete ........................................... 3,608 3,608 1,494,532 414
238140 ......... Masonry Contractors ..................................................................... 1,372 1,372 568,113 414
238160 ......... Roofing Contractors ...................................................................... 1,966 1,966 814,371 414
238290 ......... Other building equipment cont ...................................................... 4,997 6,663 2,759,996 552
238310 ......... Drywall and insulation contractors ................................................ 0 0 0 NA
238330 ......... Flooring Contractors ...................................................................... 0 0 0 NA
238340 ......... Tile and Terrazzo contractors ....................................................... 0 0 0 NA
238350 ......... Finish Carpentry contractors ......................................................... 0 0 0 NA
238390 ......... Other building finishing contractors .............................................. 0 0 0 NA
238910 ......... Site Preparation ............................................................................ 3,927 3,927 1,626,463 414
Subtotal ......................................................................................... 160,352 163,463 68,811,312 ......................
Total .............................................................................................. 210,800 267,032 154,119,600 ......................

Source: ORA.
TABLE B11ESTIMATES OF CRANES, CRANE JOBS, AND AFFECTED CRANE OPERATORS FOR ALL ESTABLISHMENTS
Number of Number of Affected
NAIC Industry affected affected Total cranes Crane jobs operators
firms estabs.
238990 ......... All Other Specialty Trade Cont ..................................... 1,244 1,304 6,288 .................... 6,288
532412 ......... Const./Min./For. Machine & Equip ................................ 2,137 3,702 50,735 .................... 12,684

236115 ......... New Single-Family Housing Const ............................... 178 178 98 490 98
236118 ......... Residential Remodelers ................................................ 25 25 28 138 28
236210 ......... Industrial Building Construction ..................................... 9 12 366 1,832 366
236220 ......... Commercial and Institutional Building ........................... 23 31 322 1,611 322
237110 ......... Water and Sewer Line and Related Struct ................... 52 69 708 3,542 708
237120 ......... Oil and Gas Pipeline and Related Struct ...................... 20 26 358 1,791 358
237130 ......... Power and Communication Line and Rel ..................... 34 34 245 1,224 245
Continued
firms estabs.
237310 ......... Highway, Street, and Bridge Construction .................... 80 107 3,152 15,760 3,152
237990 ......... Other Heavy and Civil Engineering Const .................... 76 101 2,576 12,879 2,576
238110 ......... Poured Concrete Foundation and Struct ...................... 261 261 1,483 7,415 1,483
238120 ......... Structural Steel and Precast Concrete ......................... 200 266 2,287 11,436 2,287
238130 ......... Framing Contractors ...................................................... 26 26 10 50 10
238150 ......... Glass and Glazing Contractors ..................................... 42 42 65 324 65
238170 ......... Siding Contractors ......................................................... 5 5 6 31 6
238190 ......... Other Foundation, Structure, and Building ................... 49 65 245 1,226 245
238210 ......... Electrical Contractors .................................................... 15 15 49 244 49
238220 ......... Plumbing, Heating, and Air-Conditioning ...................... 2 3 44 219 44
238290 ......... Other Building Equipment Contractors ......................... 113 151 1,311 6,557 1,311
238320 ......... Painting and Wall Covering Contract ............................ 21 21 48 241 48
238910 ......... Site Preparation Contractors ......................................... 400 400 1,668 8,342 1,668
Subtotal ......................................................................... 1,630 1,838 15,070 75,352 15,070
Own But Do Not Rent
236115 ......... New Single family housing construction ....................... 3,097 3,097 3,097 15,483 3,097
236116 ......... New Multifamily housing construction ........................... 217 217 217 1,087 217
236117 ......... New housing operative builders .................................... 1,699 1,699 1,699 8,495 1,699
236118 ......... Residential Remodelers ................................................ 985 985 985 4,923 985
236210 ......... Industrial building construction ...................................... 276 325 325 1,626 325
236220 ......... Commercial and Institutional Bldg. Const ..................... 4,141 4,141 4,141 20,704 4,141
237110 ......... Water and Sewer Line Const ........................................ 1,028 1,371 1,371 6,853 1,371
237120 ......... Oil and gas pipeline construction .................................. 128 171 171 854 171
237130 ......... Power and communication line const ........................... 213 285 285 1,423 285
237210 ......... Land subdivision ............................................................ 0 0 0 0 0
237310 ......... Highway, street and bridge const ................................. 88 118 118 588 118
237990 ......... Other heavy and civil eng ............................................. 273 273 273 1,365 273
238110 ......... Poured Concrete foundation and struct ........................ 267 267 267 1,335 267
238120 ......... Structural steel and precast concrete ........................... 334 334 334 1,671 334
238130 ......... Framing Contractors ...................................................... 1,395 1,395 1,395 6,977 1,395
238140 ......... Masonry Contractors ..................................................... 137 137 137 686 137
238150 ......... Glass & Glazing Contractors ......................................... 54 54 54 271 54
238160 ......... Roofing Contractors ...................................................... 197 197 197 983 197
238170 ......... Siding Contractors ......................................................... 53 53 53 263 53
238190 ......... Other foundation, structure, building, ext ...................... 25 25 25 127 25
238210 ......... Electrical Contractors .................................................... 78 78 78 388 78
238220 ......... Plumbing, Heating and Air-Conditioning Cont .............. 98 98 98 491 98
238290 ......... Other building equipment cont ...................................... 49 65 65 326 65
238310 ......... Drywall and insulation contractors ................................ 0 0 0 0 0
238320 ......... Painting and wall covering contractors ......................... 41 41 41 207 41
238330 ......... Flooring Contractors ...................................................... 0 0 0 0 0
238340 ......... Tile and Terrazzo contractors ....................................... 0 0 0 0 0
238350 ......... Finish Carpentry contractors ......................................... 0 0 0 0 0
238390 ......... Other building finishing contractors ............................... 0 0 0 0 0
238910 ......... Site Preparation ............................................................. 389 389 389 1,943 389
221110 ......... Electric Power Generation ............................................ 524 2,101 2,650 13,250 7,950
221120 ......... Electric Power Transmission, Control, and Distribution 1,232 7,393 5,670 28,350 17,010
221210 ......... Natural Gas Distribution ................................................ 526 2,458 2,458 12,290 2,458
321213 ......... Engineered Wood Member (except Truss) Manufac- 132 162 162 810 162
turing.
321214 ......... Truss Manufacturing ...................................................... 902 1,085 1,085 5,425 1,085
336611 ......... Ship Building and Repairing .......................................... 575 635 275 1,375 550
339950 ......... Sign Manufacturing ....................................................... 6,291 6,415 2,378 11,890 2,378
423310 ......... Lumber, Plywood, Millwork, and Wood Panel Mer- 6,450 8,715 0 0 0
chant Wholesalers+B42.
423330 ......... Roofing, Siding, and Insulation Material Merchant 1,142 2,762 0 0 0
Wholesalers.
423390 ......... Other Construction Material Merchant Wholesalers ..... 2,363 3,155 0 0 0
423730 ......... Warm Air Heating and Air-Cond. Equip. and Supplies 2,533 5,193 10,386 51,930 10,386
444110 ......... Home Centers ............................................................... 2,553 6,749 0 0 0

454312 ......... Liquefied Petroleum Gas (Bottled Gas) Dealers .......... 2,307 5,567 5,567 27,835 5,567
482110 ......... Railroads ....................................................................... NA NA NA NA NA
486210 ......... Pipeline Transportation of Natural Gas ......................... 127 1,363 1,363 6,815 1,363
517110 ......... Wired Telecommunications Carriers ............................. 2,517 27,159 3,000 15,000 3,000
Subtotal ......................................................................... 45,436 96,725 50,807 254,036 67,722
Continued
firms estabs.
236115 ......... New Single family housing construction ....................... 31,054 31,054 155,270 7,764
236116 ......... New Multifamily housing construction ........................... 2,173 2,173 10,865 543
236117 ......... New housing operative builders .................................... 16,989 16,989 84,945 4,247
236118 ......... Residential Remodelers ................................................ 9,848 9,848 49,240 2,462
236210 ......... Industrial building construction ...................................... 3,264 3,264 16,320 816
236220 ......... Commercial and Institutional Bldg. Construction .......... 41,438 41,438 207,190 10,360
237110 ......... Water and Sewer Line Const ........................................ 13,774 13,774 68,870 3,444
237120 ......... Oil and gas pipeline construction .................................. 1,301 1,734 8,670 434
237130 ......... Power and communication line const ........................... 2,147 2,862 14,310 716
237210 ......... Land subdivision ............................................................ 0 0 0 0
237310 ......... Highway, street and bridge const ................................. 890 1,186 5,930 297
237990 ......... Other heavy and civil eng ............................................. 2,781 2,781 13,903 695
238110 ......... Poured Concrete foundation and struct ........................ 1,348 1,348 6,738 337
238120 ......... Structural steel and precast concrete ........................... 3,608 3,608 18,040 902
238130 ......... Framing Contractors ...................................................... 13,974 13,974 69,870 3,494
238140 ......... Masonry Contractors ..................................................... 1,372 1,372 6,858 343
238150 ......... Glass & Glazing Contractors ......................................... 547 547 2,735 137
238160 ......... Roofing Contractors ...................................................... 1,966 1,966 9,830 492
238170 ......... Siding Contractors ......................................................... 527 527 2,636 132
238190 ......... Other foundation, structure, building, ext ...................... 258 258 1,291 65
238210 ......... Electrical Contractors .................................................... 776 776 3,878 194
238220 ......... Plumbing, Heating and Air-Conditioning Cont .............. 981 981 4,907 245
238290 ......... Other building equipment cont ...................................... 4,997 6,663 33,315 1,666
238310 ......... Drywall and insulation contractors ................................ 0 0 0 0
238320 ......... Painting and wall covering contractors ......................... 415 415 2,074 104
238330 ......... Flooring Contractors ...................................................... 0 0 0 0
238340 ......... Tile and Terrazzo contractors ....................................... 0 0 0 0
238350 ......... Finish Carpentry contractors ......................................... 0 0 0 0
238390 ......... Other building finishing contractors ............................... 0 0 0 0
238910 ......... Site Preparation ............................................................. 3,927 3,927 19,633 982
Subtotal ......................................................................... 160,352 163,463 .................... 817,315 40,866
Total ....................................................................... 210,800 267,032 122,901 1,146,703 142,630

Source: ORA.
7. Economic Feasibility and Impacts must be analyzed in relation to the would lead to significant impacts on
This section presents OSHAs analysis financial health and profitability of the establishments in the affected
of the potential economic impacts of the industry and the likely effect of such industries. The actual impact of the
final standard and an assessment of its costs on unit consumer prices. Id. The standard on the profits and revenues of
economic feasibility. A separate analysis court also found that the practical establishments in a given industry will
of the potential economic impacts on question is whether the standard depend on the price elasticity of
small entities (as defined by the Small threatens the competitive stability of an demand for the services sold by
Business Administration) and on very industry, or whether any intra-industry establishments in that industry.
small entities (employers with fewer or inter-industry discrimination in the
Price elasticity refers to the
than 20 employees) is presented in the standard might wreck such stability or
lead to undue concentration. Id. relationship between the price charged
following section as part of the Final for a service and the demand for that
Regulatory Flexibility Analysis, To assess the potential economic service; the more elastic the
conducted in accordance with the impacts of the final rule, OSHA relationship, the less able an
Regulatory Flexibility Act. compared the anticipated costs of establishment is to pass the costs of
A standard is economically feasible if achieving compliance against revenues compliance through to its customers in
it does not threaten massive dislocation and profits of establishments affected by
the form of a price increase, and the
to an industry or imperil its existence. the rule. This screening analysis is
more it will have to absorb the costs of
(See United Steelworkers v. Marshall, presented in Table B12. This table is
647 F.2d 1189 (DC Cit. 1980).) The court considered a screening analysis because compliance in the form of reduced
also found that a standard that is it measures costs as a percent of pre-tax profits. In general, when an industry is
financially burdensome or threatens the profits and revenues, but does not subject to a higher cost, it does not
survival of some companies in an predict impacts on pre-tax profits and simply swallow it, it raises its price and
industry is not sufficient to render it sales. This screening analysis is used to reduces its output, and in this way
infeasible. Further, the cost of determine whether the compliance costs shifts a part of the cost to its consumers
compliance with an OSHA standard potentially associated with the standard and a part to its suppliers. American
Dental Association v. Secretary of

Labor, 984 F.2d 823, 829 (7th Cir. 1993).
TABLE B12ESTIMATES OF ECONOMIC IMPACTS FOR AFFECTED ESTABLISHMENTS ACROSS INDUSTRY SECTORS
Affected Avg. Avg. profits Cost as a Cost as a
revenues Cost per
NAIC Industry per estab. percent of percent of
per estab. estab.
Firms Estabs. ($1,000) revenues profits
($1,000)
238990 ......... All Other Specialty 1,244 1,304 1,918 79 1,927 0.10 2.45
Trade Cont.
532412 ......... Const./Min./For. Ma- 2,137 3,702 2,258 145 2,934 0.13 2.02
chine & Equip.
236115 ......... New Single-Family 178 178 220 10 406 0.18 3.95
Housing Const.
236118 ......... Residential Remodelers 25 25 443 21 819 0.18 3.95
236210 ......... Industrial Building Con- 9 12 12,213 571 22,564 0.18 3.95
struction.
236220 ......... Commercial and Institu- 23 31 4,157 194 7,681 0.18 3.95
tional Building.
237110 ......... Water and Sewer Line 52 69 4,107 214 7,587 0.18 3.54
and Related Struct.
237120 ......... Oil and Gas Pipeline 20 26 5,510 288 10,180 0.18 3.54
and Related Struct.
237130 ......... Power and Commu- 34 34 2,880 150 5,320 0.18 3.54
nication Line and Rel.
237310 ......... Highway, Street, and 80 107 11,783 615 11,955 0.10 1.94
237990 ......... Other Heavy and Civil 76 101 10,201 533 18,847 0.18 3.54
Engineering Const.
238110 ......... Poured Concrete Foun- 261 261 2,273 101 4,199 0.18 4.18
dation and Struct.
238120 ......... Structural Steel and 200 266 3,439 152 6,354 0.18 4.18
Precast Concrete.
238130 ......... Framing Contractors .... 26 26 153 7 284 0.18 4.18
238150 ......... Glass and Glazing 42 42 616 27 1,139 0.18 4.18
Contractors.
238170 ......... Siding Contractors ....... 5 5 496 22 917 0.18 4.18
238190 ......... Other Foundation, 49 65 1,509 67 2,788 0.18 4.18
Structure, and Build-
ing.
238210 ......... Electrical Contractors .. 15 15 1,303 56 1,322 0.10 2.35
238220 ......... Plumbing, Heating, and 2 3 5,835 225 10,781 0.18 4.79
Air-Conditioning.
238290 ......... Other Building Equip- 113 151 3,474 154 6,418 0.18 4.18
ment Contractors.
238320 ......... Painting and Wall Cov- 21 21 916 41 1,693 0.18 4.18
ering Contract.
238910 ......... Site Preparation Con- 400 400 1,668 76 3,082 0.18 4.05
tractors.
Subtotal ........................ 1,630 1,838 .................... .................... .................... ...................... ....................
Own but Do Not Rent
236115 ......... New Single family 3,097 3,097 1,520 71 753 0.05 1.06
236116 ......... New Multifamily hous- 217 217 5,477 256 753 0.01 0.29
ing construction.
236117 ......... New housing operative 1,699 1,699 6,021 281 753 0.01 0.27
builders.
236210 ......... Industrial building con- 276 325 5,931 277 753 0.01 0.27
struction.
236220 ......... Commercial and Institu- 4,141 4,141 7,177 335 753 0.01 0.22
tional Bldg. Const.
237110 ......... Water and Sewer Line 1,028 1,371 3,239 169 653 0.02 0.39
Const.
Continued
revenues Cost per
per estab. estab.
($1,000)
237120 ......... Oil and gas pipeline 128 171 9,189 480 538 0.01 0.11
construction.
237130 ......... Power and communica- 213 285 5,581 291 406 0.01 0.14
tion line const.
237210 ......... Land subdivision .......... 0 0 2,878 318 0 0.00 0.00
237310 ......... Highway, street and 88 118 8,279 432 753 0.01 0.17
bridge const.
237990 ......... Other heavy and civil 273 273 3,965 207 753 0.02 0.36
eng.
238110 ......... Poured Concrete foun- 267 267 1,682 74 753 0.04 1.01
dation and struct.
238120 ......... Structural steel and 334 334 2,712 120 753 0.03 0.63
precast concrete.
238130 ......... Framing Contractors .... 1,395 1,395 936 41 753 0.08 1.82
238140 ......... Masonry Contractors ... 137 137 876 39 753 0.09 1.94
238150 ......... Glass & Glazing Con- 54 54 1,470 65 753 0.05 1.16
tractors.
238160 ......... Roofing Contractors ..... 197 197 1,390 61 753 0.05 1.22
238170 ......... Siding Contractors ....... 53 53 580 26 753 0.13 2.94
238190 ......... Other foundation, struc- 25 25 1,013 45 753 0.07 1.68
ture, building, ext.
238210 ......... Electrical Contractors .. 78 78 1,321 57 406 0.03 0.71
238220 ......... Plumbing, Heating and 98 98 1,473 57 753 0.05 1.32
238290 ......... Other building equip- 49 65 2,959 131 753 0.03 0.58
ment cont.
238310 ......... Drywall and insulation 0 0 1,751 77 0 0.00 0.00
contractors.
238320 ......... Painting and wall cov- 41 41 530 23 753 0.14 3.21
ering contractors.
238330 ......... Flooring Contractors .... 0 0 811 36 0 0.00 0.00
238340 ......... Tile and Terrazzo con- 0 0 698 31 0 0.00 0.00
tractors.
238350 ......... Finish Carpentry con- 0 0 678 30 0 0.00 0.00
tractors.
238390 ......... Other building finishing 0 0 1,091 48 0 0.00 0.00
contractors.
238910 ......... Site Preparation ........... 389 389 1,416 65 753 0.05 1.16
221110 ......... Electric Power Genera- 524 2,101 43,042 1,911 3,204 0.01 0.17
tion.
221120 ......... Electric Power Trans- 1,232 7,393 37,443 1,662 2,528 0.01 0.15
mission, Control, Dist.
221210 ......... Natural Gas Distribu- 526 2,458 30,459 907 995 0.00 0.11
tion.
321213 ......... Engineered Wood 132 162 19,027 737 995 0.01 0.14
Member (exc Truss)
Mfg.
321214 ......... Truss Manufacturing .... 902 1,085 5,972 231 995 0.02 0.43
336611 ......... Ship Building and Re- 575 635 23,071 1,406 652 0.00 0.05
pairing.
339950 ......... Sign Manufacturing ...... 6,291 6,415 1,761 103 369 0.02 0.36
423310 ......... Lumbr, Plywd, Millwork, 6,450 8,715 14,905 430 0 0.00 0.00
Wd Pnl Mrchnt Whle.
423330 ......... Roofing, Siding, and 1,142 2,762 8,985 259 0 0.00 0.00
Insul Material Merch
Whle.
423390 ......... Other Construction Ma- 2,363 3,155 4,859 140 0 0.00 0.00
terial Merchant Whle.
423730 ......... Warm Air Heating and 2,533 5,193 5,413 167 1,991 0.04 1.19
Air-Cond. Equip. &
Suppl.
444110 ......... Home Centers ............. 2,553 6,749 21,816 1,679 0 0.00 0.00
454312 ......... Liquefied Petroleum 2,307 5,567 1,698 72 995 0.06 1.39
Gas (Bottled Gas)
Dealers.
482110 ......... Railroads ...................... NA NA NA NA NA NA NA
486210 ......... Pipeline Transportation 127 1,363 15,037 1,990 995 0.01 0.05
of Natural Gas.
Continued
revenues Cost per
per estab. estab.
($1,000)
517110 ......... Wired Telecommuni- 2,517 27,159 7,294 518 72 0.00 0.01
cations Carriers.
Subtotal ........................ 45,436 96,725 .................... .................... .................... ...................... ....................
236115 ......... New Single family 31,054 31,054 3,040 142 455 0.01 0.32
236116 ......... New Multifamily hous- 2,173 2,173 10,954 512 414 0.00 0.08
ing construction.
builders.
236118 ......... Residential Remodelers 9,848 9,848 6,456 302 455 0.01 0.15
236210 ......... Industrial building con- 3,264 3,264 5,931 277 414 0.01 0.15
struction.
tional Bldg. Construc-
tion.
Const.
237120 ......... Oil and gas pipeline 1,301 1,734 9,189 480 552 0.01 0.12
construction.
237130 ......... Power and communica- 2,147 2,862 11,163 583 90 0.00 0.02
tion line const.
237210 ......... Land subdivision .......... 0 0 0 0 NA 0.00 0.00
237310 ......... Highway, street and 890 1,186 82,791 4,323 552 0.00 0.01
bridge const.
237990 ......... Other heavy and civil 2,781 2,781 7,931 414 414 0.01 0.10
eng.
238110 ......... Poured Concrete foun- 1,348 1,348 33,636 1,487 414 0.00 0.03
dation and struct.
238120 ......... Structural steel and 3,608 3,608 2,712 120 414 0.02 0.35
precast concrete.
238130 ......... Framing Contractors .... 13,974 13,974 1,249 55 414 0.03 0.75
238140 ......... Masonry Contractors ... 1,372 1,372 17,527 775 414 0.00 0.05
tractors.
238160 ......... Roofing Contractors ..... 1,966 1,966 13,903 615 414 0.00 0.07
238170 ......... Siding Contractors ....... 527 527 11,596 513 414 0.00 0.08
238190 ......... Other foundation, struc- 258 258 20,266 896 414 0.00 0.05
238210 ......... Electrical Contractors .. 776 776 132,128 5,714 67 0.00 0.00
238220 ......... Plumbing, Heating and 981 981 147,307 5,685 414 0.00 0.01
238290 ......... Other building equip- 4,997 6,663 2,959 131 552 0.02 0.42
ment cont.
238310 ......... Drywall and insulation 0 0 0 0 NA 0.00 0.00
contractors.
238320 ......... Painting and wall cov- 415 415 52,995 2,343 414 0.00 0.02
ering contractors.
238330 ......... Flooring Contractors .... 0 0 0 0 NA 0.00 0.00
238340 ......... Tile and Terrazzo con- 0 0 0 0 NA 0.00 0.00
tractors.
238350 ......... Finish Carpentry con- 0 0 0 0 NA 0.00 0.00
tractors.
238390 ......... Other building finishing 0 0 0 0 NA 0.00 0.00
contractors.
238910 ......... Site Preparation ........... 3,927 3,927 14,164 647 414 0.003 0.06
Subtotal ........................ 160,352 163,463 .................... .................... .................... 0.05 1.17
Total ...................... 210,800 267,032 .................... .................... .................... ...................... ....................

Source: U.S. Census Bureau data.
In the extreme, if demand is perfectly establishment cost of compliance the existence of the construction
inelastic (i.e., the price elasticity is 0), represents less than 0.2 percent (or industry, affected general industry
then the expected impact of compliance 0.002) of average establishment sectors, or the use of cranes in affected
costs equal to 1 percent of revenues revenues for all affected sectors. In most industry sectors. OSHA does not expect
would be a 1 percent increase in the sectors it is lower. The average cost as compliance with the requirements of the
price of the product or service, with no a percentage of revenues across all final standard to threaten the viability of
decline in demand or profit. Such a sectors is 0.05 percent (0.0005). employers or the competitive structure
situation would be most likely when The impact of the final standard of any of the affected industry sectors.
there are few, if any, substitutes for the measured by the ratio of costs to profits When viewed in the larger context of
product or service offered by the varies across the affected sectors. the construction sector, an increase in
affected sector or if the products or Among the sectors in the Crane Lessees costs of $148.2 million a year is
services of the affected sector account sector, which includes about 163,000 of effectively negligible, and will have no
only for a small portion of the income the 267,000 affected establishments; in noticeable effect on the demand for
of its consumers. On the other hand, if this sector, employers, on average, are construction services. Even when
demand is perfectly elastic (i.e., the expected to have costs that represent viewed as an increase in the costs of
price elasticity is infinitely large), then about 1 percent of profits. Within the using cranes, an increase in the cost of
no increase in price is possible, and sector of employers Own but Do Not rentals services of 0.2 percent will not
before-tax profits would be reduced by Rent, affected establishments in 14 of cause the construction industry to
an amount equal to the costs of the 46 sectors have average costs as a forego the use of cranes and, thus, put
compliance (minus any cost savings percent of profits of 1 percent or higher crane leasing firms out of business.
resulting from compliance, such as (from 1 to 3 percent); this impact of For several reasons, the Agency
improved worker health and reduced costs as a percentage of profits is believes that the impact of compliance
insurance costs). Under this scenario, if relatively low. costs will be less than estimates in Table
the costs of compliance represent a large In the two sectors that are most B12. For the affected construction
percentage of the sectors profits, some intensively involved in crane use, Crane sectors, the economic impact of the final
establishments might be forced to close. Rental with Operators (employers standard is most likely to consist of a
This scenario is highly unlikely to primarily in the crane rental business) very small increase in prices for
occur, however, because it can only and Crane Rental without Operators construction projects involving work
arise when there are other goods and (bare rentals), estimated costs are about with cranes (0.2 percent or less,
services that are, in the eye of the 2 percent of profits. In the Own and depending on the sector). Crane rental
consumer, perfect substitutes for the Rent Cranes with Operators sectors, companies, all of which must incur the
goods and services the affected costs as a percentage of profits are costs of compliance unless they are
establishments produce or provide. estimated at about 4 percent. Because already in compliance, should be able to
A common intermediate case would these employers both own and use pass through costs to lessees. The
be a price elasticity of one. In this cranes, as well as rent them, the cost additional costs of crane safety
situation, if the costs of compliance model estimates significantly higher measures are extremely small in relation
amount to 1 percent of revenues, then average establishment costs for them to the value of construction, and there
production would decline by 1 percent even in relation to the sectors involved are no economic substitutes, or
and prices would rise by 1 percent. The primarily in crane rentals. In addition, alternatives, to the use of cranes in
sector would be expected to remain in as noted above for the Own but Do Not construction. It is unlikely that a price
business and maintain a comparable Rent sector, most employers in these increase of this magnitude would
profit rate as before implementation of sectors are quite small, with only a few significantly alter the services
the standard, but would produce 1 employees, and a relatively small demanded by the public or any other
percent less of its services. Consumers fraction of employers in the sectors that affected customers or intermediaries. If
would effectively absorb the costs own cranes. Consequently, average the compliance costs of the final
through a combination of increased establishment revenues and profits may standard are substantially recouped
prices and reduced consumption; this, be lower for the average establishment with an increase in rental prices, there
as the court described in ADA v. than for establishments that own cranes. would be little effect on profits. Impacts
Secretary of Labor, is the more typical If so, the cost as a percentage of profits on all affected general industry sectors
case. overestimates that impact for affected are slight, and far below any test of
Table B12 presents estimates for the establishments. economic feasibility.
number of affected establishments, The Agency concludes that the final Given the small incremental increases
average establishment revenues and standard is economically feasible for the in prices potentially resulting from
profits, and average establishment costs affected industries. As described above, compliance with the final standard, and
for each affected industry sector. a standard is economically feasible if the lack of readily available substitutes
Economic impacts in the table (the two there is a reasonable likelihood that the for the products and services provided
right-most columns) are represented by estimated costs of compliance will not by the covered construction and general
two ratios: Of average establishment threaten the existence or competitive industry sectors, demand is expected to
costs to revenues, and of costs to profits. structure of an industry, even if it does be sufficiently inelastic in each affected
The average (unweighted) cost of the portend disaster for some marginal industry to enable entities to
final standard per establishment is firms. United Steelworkers of America substantially offset compliance costs
about $560 annually. As is evident from v. Marshall, 647 F.2d 1189, 1272 (DC
through minor price increases without

the data and estimates in Table B12, Cir. 1980). The potential impacts on experiencing any significant reduction
average establishment costs of employer costs associated with in revenues or profits.
compliance for the final standard are achieving compliance with the final
not large in relation to the standard fall well within the bounds of Final Regulatory Flexibility Analysis
corresponding average establishment economic feasibility in each industry The Regulatory Flexibility Act, as
revenues and profits in each of the sector. Costs of 0.2 percent of revenues amended in 1996, requires the
industry sectors. The estimated per and 4 percent of profits will not threaten preparation of a Final Regulatory
Flexibility Analysis (FRFA) for specified the rule will apply or an explanation of as shown by industry in Table B13.
proposed rules (5 U.S.C. 601612). why no such estimate is available; and The costs per establishment in the table
Under the provisions of the law, each (5) A description of the projected are identical in several sectors because
such analysis must contain: reporting, recordkeeping and other the cost model assumed that, on
(1) A description of the impact of the compliance requirements of the rule, average, the number of cranes,
rule on small entities; including an estimate of the classes of operators, and crane jobs were the same
(2) A succinct statement of the need small entities which will be subject to for each affected establishment. In the
for, and objectives of, the rule; the requirement and the type of
(3) A summary of the significant crane-rental sectors, the Agency had
professional skills necessary for
issues raised by the public comments in rental income data for each sector and
preparation of the report or record.
response to the initial regulatory estimated the number of cranes owned
flexibility analysis, a summary of the 1. Impact of the Final Rule on Small per establishment for each sector.
assessment of the agency of such issues, Entities Different sizes of firms with different
and a statement of any changes made in OSHA has analyzed the potential numbers of cranes in the rental sectors
the proposed rule as a result of such impact of the final standard on small resulted in per establishment (average)
comments; entities. The total annual cost of costs varying by industry NAICS.
(4) A description of and an estimate compliance with the final for small
of the number of small entities to which entities is estimated to be $101 million,
TABLE B13ANNUALIZED COMPLIANCE COSTS FOR SBA DEFINED SMALL ENTITIES BY MAJOR CATEGORY
Annualized Cost per
Industry Firms Estabs. compliance estab.
costs
238990 ......... All Other Specialty Trade Cont ..................................................... 1,231 1,286 $1,991,485 $1,618
532412 ......... Const./Min./For. Machine & Equip ................................................ 1,782 3,018 309,609 103
236115 ......... New Single-Family Housing Const ............................................... 178 178 72,322 406
236210 ......... Industrial Building Construction .................................................... 9 12 270,766 22,564
236220 ......... Commercial and Institutional Building ........................................... 23 31 238,109 7,681
237110 ......... Water and Sewer Line and Related Struct ................................... 52 69 523,496 7,587
237120 ......... Oil and Gas Pipeline and Related Struct ...................................... 20 26 264,693 10,180
237130 ......... Power and Communication Line and Rel ..................................... 34 34 180,887 5,320
237310 ......... Highway, Street, and Bridge Construction .................................... 80 107 1,279,134 11,955
237990 ......... Other Heavy and Civil Engineering Const .................................... 76 101 1,903,569 18,847
238110 ......... Poured Concrete Foundation and Struct ...................................... 261 261 1,096,002 4,199
238120 ......... Structural Steel and Precast Concrete ......................................... 200 266 1,690,217 6,354
238130 ......... Framing Contractors ..................................................................... 26 26 7,372 284
238150 ......... Glass and Glazing Contractors ..................................................... 42 42 47,819 1,139
238190 ......... Other Foundation, Structure, and Building ................................... 49 65 181,212 2,788
238210 ......... Electrical Contractors .................................................................... 15 15 19,828 1,322
238220 ......... Plumbing, Heating, and Air-Conditioning ...................................... 2 3 32,343 10,781
238290 ......... Other Building Equipment Contractors ......................................... 113 151 969,116 6,418
238320 ......... Painting and Wall Covering Contract ............................................ 21 21 35,552 1,693
238910 ......... Site Preparation Contractors ......................................................... 400 400 1,232,974 3,082
Subtotal ......................................................................................... 1,630 1,838 10,070,461 ......................
Own but Do Not Rent
236116 ......... New Multifamily housing construction ........................................... 213 213 157,700 741
236117 ......... New housing operative builders .................................................... 1,263 1,263 935,573 741
236210 ......... Industrial building construction ...................................................... 223 262 194,098 741
236220 ......... Commercial and Institutional Bldg. Const ..................................... 3,614 3,614 2,676,568 741
237110 ......... Water and Sewer Line Const ........................................................ 917 1,223 905,470 741
237120 ......... Oil and gas pipeline construction .................................................. 98 131 96,790 741
237130 ......... Power and communication line const ........................................... 219 291 114,664 393
237210 ......... Land subdivision ........................................................................... 0 0 0 0
237310 ......... Highway, street and bridge const ................................................. 69 93 68,575 741
237990 ......... Other heavy and civil eng ............................................................. 511 511 378,643 741
238110 ......... Poured Concrete foundation and struct ........................................ 108 108 79,805 741
238120 ......... Structural steel and precast concrete ........................................... 394 394 291,554 741
238130 ......... Framing Contractors ..................................................................... 1,060 1,060 785,316 741
TABLE B13ANNUALIZED COMPLIANCE COSTS FOR SBA DEFINED SMALL ENTITIES BY MAJOR CATEGORYContinued
Annualized Cost per
costs
238140 ......... Masonry Contractors ..................................................................... 128 128 94,975 741

238160 ......... Roofing Contractors ...................................................................... 230 230 170,275 741
238310 ......... Drywall and insulation contractors ................................................ 0 0 0 0
238330 ......... Flooring Contractors ...................................................................... 0 0 0 0
238340 ......... Tile and Terrazzo contractors ....................................................... 0 0 0 0
238350 ......... Finish Carpentry contractors ......................................................... 0 0 0 0
238390 ......... Other building finishing contractors .............................................. 0 0 0 0
238910 ......... Site Preparation ............................................................................ 262 262 194,105 741
221110 ......... Electric Power Generation ............................................................ 293 301 73,588 244
221120 ......... Electric Power Transmission, Control, and Distribution ............... 337 358 112,369 314
221210 ......... Natural Gas Distribution ................................................................ 442 591 255,619 433
321213 ......... Engineered Wood Member (except Truss) Manufacturing ........... 121 127 59,770 471
321214 ......... Truss Manufacturing ..................................................................... 871 914 744,121 814
336611 ......... Ship Building and Repairing ......................................................... 575 635 410,878 647
339950 ......... Sign Manufacturing ....................................................................... 6,261 6,339 245,747 39
423310 ......... Lumber, Plywood, Millwork, and Wood Panel Merchant Whole- 5,971 6,326 0 0
salers.
423330 ......... Roofing, Siding, and Insulation Material Merchant Wholesalers .. 1,025 1,173 0 0
423390 ......... Other Construction Material Merchant Wholesalers ..................... 2,181 2,296 0 0
423730 ......... Warm Air Heating and Air-Cond. Equip. and Supplies ................ 2,364 2,958 4,851,281 1,640
444110 ......... Home Centers ............................................................................... 2,409 2,575 0 0
454312 ......... Liquefied Petroleum Gas (Bottled Gas) Dealers .......................... 2,044 2,317 2,460,790 1,062
482110 ......... Railroads ....................................................................................... NA NA NA NA
486210 ......... Pipeline Transportation of Natural Gas ........................................ 65 66 14,333 217
517110 ......... Wired Telecommunications Carriers ............................................. 2,517 27,159 1,907,788 70
Subtotal ......................................................................................... 32,430 59,267 21,254,828 ......................
236116 ......... New Multifamily housing construction ........................................... 2,086 2,086 864,078 414
236118 ......... Residential Remodelers ................................................................ 9,846 9,846 4,483,343 455
236210 ......... Industrial building construction ...................................................... 3,000 3,000 1,242,682 414
236220 ......... Commercial and Institutional Bldg. Construction .......................... 40,530 40,530 16,788,629 414
237110 ......... Water and Sewer Line Const ........................................................ 13,715 13,715 5,681,126 414
237120 ......... Oil and gas pipeline construction .................................................. 1,667 1,667 690,517 414
237130 ......... Power and communication line const ........................................... 2,811 2,811 188,781 67
237210 ......... Land subdivision ........................................................................... 0 0 0 NA
237310 ......... Highway, street and bridge const ................................................. 1,114 1,114 461,532 414
237990 ......... Other heavy and civil eng ............................................................. 2,760 2,760 1,143,060 414
238110 ......... Poured Concrete foundation and struct ........................................ 13,273 13,273 5,498,038 414
238120 ......... Structural steel and precast concrete ........................................... 3,487 3,487 1,444,410 414
238140 ......... Masonry Contractors ..................................................................... 1,368 1,368 566,539 414
238160 ......... Roofing Contractors ...................................................................... 1,945 1,945 805,589 414
238310 ......... Drywall and insulation contractors ................................................ 0 0 0 NA
238330 ......... Flooring Contractors ...................................................................... 0 0 0 NA

238340 ......... Tile and Terrazzo contractors ....................................................... 0 0 0 NA
238350 ......... Finish Carpentry contractors ......................................................... 0 0 0 NA
238390 ......... Other building finishing contractors .............................................. 0 0 0 NA
238910 ......... Site Preparation ............................................................................ 3,889 3,889 1,610,805 414
Subtotal ......................................................................................... 166,985 166,985 70,291,778
TABLE B13ANNUALIZED COMPLIANCE COSTS FOR SBA DEFINED SMALL ENTITIES BY MAJOR CATEGORYContinued
Annualized Cost per
costs
Total .............................................................................................. 204,058 232,394 103,918,161

Source: ORA.
To assess the potential economic could be passed through, the OSHA calculated the ratios of
impact of the proposal on small entities, compliance costs could be completely compliance costs to profits and to
OSHA calculated the ratios of absorbed through an average reduction revenues. These ratios are presented for
compliance costs to profits and to in profits of 1.2 percent. In most affected each affected industry in Table B15.
revenues. These impacts are presented industries, the compliance costs, OSHA expects that among very small
for each affected industry in Table B14. without any pass-through, could be entities potentially affected by the final
OSHA expects that, among small completely absorbed through an average standard, the average increase in prices
entities potentially affected by the reduction in profits of less than 1 necessary to completely offset the
proposal, the average increase in prices percent; the reduction would be no compliance costs would be 0.08 percent
necessary to completely offset the more than 5.0 percent in any of the
(less than 1 percent). Only to the extent
affected industries.
compliance costs is 0.06 percent. The To further ensure that potential that such price increases are not
average price increase necessary to impacts on small entities were fully possible, would there be any effect on
completely offset compliance costs analyzed and considered, OSHA also the average profits of very small entities.
would not exceed 0.18 percent among separately examined the potential Even in the unlikely event that no costs
small entities in any industry. Only to impacts of the final standard on very could be passed through, the
the extent that such price increases are small entities, defined as employers compliance costs could be completely
not possible would there be any effect with fewer than 20 employees. To assess absorbed through an average reduction
on the average profits of small entities. the potential economic impact of the in profits of 1.68 percent among affected
Even in the unlikely event that no costs final standard on very small entities, very small entities.
TABLE B14ECONOMIC IMPACTS FOR SBA DEFINED SMALL ENTITIES BY MAJOR CATEGORIES
Avg. revs Avg. profits Cost as a Cost as a
Cost per
0 Industry Firms Estabs. per estab. per estab. percent of percent of
estab.
($1,000) ($1,000) revenues profits
238990 ......... All Other Specialty 1,231 1,286 1,550 71 1,618 0.10 2.29
Trade Cont.
532412 ......... Const./Min./For. Ma- 1,782 3,018 482 31 103 0.13 2.02
chine & Equip.
236115 ......... New Single-Family 178 178 220 10 406 0.18 3.95
Housing Const.
236210 ......... Industrial Building Con- 9 12 12,213 571 22,564 0.18 3.95
struction.
236220 ......... Commercial and Institu- 23 31 4,157 194 7,681 0.18 3.95
tional Building.
237110 ......... Water and Sewer Line 52 69 4,107 214 7,587 0.18 3.54
and Related Struct.
237120 ......... Oil and Gas Pipeline 20 26 5,510 288 10,180 0.18 3.54
and Related Struct.
237130 ......... Power and Communica- 34 34 2,880 150 5,320 0.18 3.54
tion Line and Rel.
237310 ......... Highway, Street, and 80 107 11,783 615 11,955 0.10 1.94
237990 ......... Other Heavy and Civil 76 101 10,201 533 18,847 0.18 3.54
Engineering Const.
238110 ......... Poured Concrete Foun- 261 261 2,273 101 4,199 0.18 4.18
dation and Struct.
238120 ......... Structural Steel and Pre- 200 266 3,439 152 6,354 0.18 4.18
cast Concrete.
238130 ......... Framing Contractors ...... 26 26 153 7 284 0.18 4.18
TABLE B14ECONOMIC IMPACTS FOR SBA DEFINED SMALL ENTITIES BY MAJOR CATEGORIESContinued
Cost per
estab.
238150 ......... Glass and Glazing Con- 42 42 616 27 1,139 0.18 4.18
tractors.
238170 ......... Siding Contractors ......... 5 5 496 22 917 0.18 4.18
238190 ......... Other Foundation, Struc- 49 65 1,509 67 2,788 0.18 4.18
ture, and Building.
238210 ......... Electrical Contractors .... 15 15 1,303 56 1,322 0.10 2.35
238220 ......... Plumbing, Heating, and 2 3 5,835 225 10,781 0.18 4.79
Air-Conditioning.
238290 ......... Other Building Equip- 113 151 3,474 154 6,418 0.18 4.18
ment Contractors.
238320 ......... Painting and Wall Cov- 21 21 916 41 1,693 0.18 4.18
ering Contract.
238910 ......... Site Preparation Con- 400 400 1,668 76 3,082 0.18 4.05
tractors.
Subtotal ......................... 1,630 1,838 .................... .................... .................... .................... ....................
Own but Do Not Rent
236115 ......... New Single family hous- 2,905 2,905 1,000 47 741 0.07 1.58
ing construction.
236116 ......... New Multifamily housing 213 213 3,400 159 741 0.02 0.47
construction.
builders.
236210 ......... Industrial building con- 223 262 2,570 120 741 0.03 0.62
struction.
tional Bldg. Const.
237110 ......... Water and Sewer Line 917 1,223 2,324 121 741 0.03 0.61
Const.
237120 ......... Oil and gas pipeline 98 131 3,743 195 741 0.02 0.38
construction.
237130 ......... Power and communica- 219 291 4,656 243 393 0.01 0.16
tion line const.
237210 ......... Land subdivision ............ 0 0 0 0 0 0.00 0.00
237310 ......... Highway, street and 69 93 3,225 168 741 0.02 0.44
bridge const.
237990 ......... Other heavy and civil 511 511 1,500 78 741 0.05 0.95
eng.
238110 ......... Poured Concrete foun- 108 108 1,000 44 741 0.07 1.67
dation and struct.
238120 ......... Structural steel and pre- 394 394 1,425 63 741 0.05 1.18
cast concrete.
238130 ......... Framing Contractors ...... 1,060 1,060 798 35 741 0.09 2.10
238140 ......... Masonry Contractors ..... 128 128 675 30 741 0.11 2.48
238150 ......... Glass & Glazing Con- 48 48 900 40 741 0.08 1.86
tractors.
238160 ......... Roofing Contractors ...... 230 230 801 35 741 0.09 2.09
238190 ......... Other foundation, struc- 7 7 900 40 741 0.08 1.86
238210 ......... Electrical Contractors .... 60 60 1,100 48 393 0.04 0.83
ment cont.
238310 ......... Drywall and insulation 0 0 0 0 0 0.00 0.00
contractors.
ering contractors.
238330 ......... Flooring Contractors ...... 0 0 0 0 0 0.00 0.00

238340 ......... Tile and Terrazzo con- 0 0 0 0 0 0.00 0.00
tractors.
238350 ......... Finish Carpentry con- 0 0 0 0 0 0.00 0.00
tractors.
238390 ......... Other building finishing 0 0 0 0 0 0.00 0.00
contractors.
238910 ......... Site Preparation ............. 262 262 962 44 741 0.08 1.69
Cost per
estab.
221110 ......... Electric Power Genera- 293 301 7,313 325 244 0.00 0.08
tion.
221120 ......... Electric Power Trans, 337 358 6,882 306 314 0.00 0.10
Control, Dist.
221210 ......... Natural Gas Distribution 442 591 28,428 847 433 0.00 0.05
321213 ......... Engineered Wd Member 121 127 4,720 183 471 0.01 0.26
(exct Truss) Mfg.
321214 ......... Truss Manufacturing ...... 871 914 4,706 182 814 0.02 0.45
336611 ......... Ship Building and Re- 575 635 10,204 622 647 0.01 0.10
pairing.
339950 ......... Sign Manufacturing ....... 6,261 6,339 1,532 89 39 0.00 0.04
423310 ......... Lumber, Plywd, Millwork, 5,971 6,326 7,084 204 0 0.00 0.00
Wood Panel Whle.
423330 ......... Roofing, Siding, and In- 1,025 1,173 7,159 207 0 0.00 0.00
sulation Merch Whle.
423390 ......... Other Construction Ma- 2,181 2,296 3,260 94 0 0.00 0.00
terial Merch Whle.
423730 ......... Warm Air Heating and 2,364 2,958 3,790 117 1,640 0.04 1.41
AC Equip & Supplies.
444110 ......... Home Centers ............... 2,409 2,575 2,335 180 0 0.00 0.00
454312 ......... Liquefied Petroleum Gas 2,044 2,317 2,415 102 1,062 0.04 1.04
(Bottled Gas) Dlrs.
482110 ......... Railroads ....................... NA NA NA NA NA NA NA
486210 ......... Pipeline Transportation 65 66 8,345 1,105 217 0.00 0.02
of Natural Gas.
517110 ......... Wired Telecommuni- 2,517 27,159 7,294 518 70 0.00 0.01
cations Carriers.
Subtotal ......................... 32,430 59,267 .................... .................... .................... .................... ....................
236115 ......... New Single family hous- 31,038 31,038 1,480 69 455 0.03 0.32
ing construction.
236116 ......... New Multifamily housing 2,086 2,086 3,085 144 414 0.01 0.08
construction.
builders.
236118 ......... Residential Remodelers 9,846 9,846 644 30 455 0.07 0.15
236210 ......... Industrial building con- 3,000 3,000 2,493 117 414 0.02 0.15
struction.
tion.
Const.
237120 ......... Oil and gas pipeline 1,667 1,667 4,118 215 414 0.01 0.09
construction.
237130 ......... Power and communica- 2,811 2,811 2,289 120 67 0.00 0.01
tion line const.
237210 ......... Land subdivision ............ 0 0 0 0 NA 0.00 0.00
237310 ......... Highway, street and 1,114 1,114 3,606 188 414 0.01 0.01
bridge const.
237990 ......... Other heavy and civil 2,760 2,760 2,919 152 414 0.01 0.10
eng.
238110 ......... Poured Concrete foun- 13,273 13,273 1,189 53 414 0.03 0.03
dation and struct.
238120 ......... Structural steel and pre- 3,487 3,487 1,927 85 414 0.02 0.35
cast concrete.
238130 ......... Framing Contractors ...... 13,779 13,779 559 25 414 0.07 0.75
238140 ......... Masonry Contractors ..... 1,368 1,368 814 36 414 0.05 0.05
tractors.
238160 ......... Roofing Contractors ...... 1,945 1,945 1,125 50 414 0.04 0.07
238190 ......... Other foundation, struc- 256 256 628 28 414 0.07 0.05
238210 ......... Electrical Contractors .... 765 765 874 38 67 0.01 0.00
Cost per
estab.
ment cont.
238310 ......... Drywall and insulation 0 0 0 0 NA 0.00 0.00
contractors.
ering contractors.
238330 ......... Flooring Contractors ...... 0 0 0 0 NA 0.00 0.00
238340 ......... Tile and Terrazzo con- 0 0 0 0 NA 0.00 0.00
tractors.
238350 ......... Finish Carpentry con- 0 0 0 0 NA 0.00 0.00
tractors.
238390 ......... Other building finishing 0 0 0 0 NA 0.00 0.00
contractors.
238910 ......... Site Preparation ............. 3,889 3,889 1,101 50 414 0.04 0.06
Subtotal ......................... 166,985 166,985 .................... .................... .................... .................... ....................
Total ............................... 204,058 232,394 .................... .................... .................... .................... ....................
Simple Average of impacts: 0.06 1.25

Source: ORA.
TABLE B15ECONOMIC IMPACTS FOR VERY SMALL ENTITIES (LESS THAN 20 EMPLOYEES) BY MAJOR CATEGORY
Cost as Cost
Profits
Revenues Cost a as a
Profit rate per
Industry Firms Estabs. Employees per estab. per percent percent
(percent) estab.
($1,000) estab. of reve- of prof-
($1,000) nues its
238990 ......... All Other Specialty Trade 1,065 1,065 4,824 4.10 $614 $25 $614 0.10 2.44
Cont.
532412 ......... Const./Min./For. Machine 1,782 3,018 19,423 6.42 129 8 103 0.08 1.23
& Equip.
236115 ......... New Single-Family Hous- 178 178 261 4.67 220 10 407 0.18 4.19
ing Const.
236118 ......... Residential Remodelers 25 25 45 4.67 443 21 819 0.18 4.19
236210 ......... Industrial Building Con- 9 12 1,067 4.67 12,213 571 22,564 0.18 4.19
struction.
236220 ......... Commercial and Institu- 23 31 757 4.67 4,157 194 7,681 0.18 4.19
tional Building.
237110 ......... Water and Sewer Line 52 69 1,432 5.22 4,107 214 7,587 0.18 3.97
and Related Struct.
237120 ......... Oil and Gas Pipeline and 20 26 1,457 5.22 5,510 288 10,180 0.18 3.97
Related Struct.
237130 ......... Power and Communica- 34 34 666 5.22 2,880 150 5,320 0.18 3.97
tion Line and Rel.
237310 ......... Highway, Street, and 80 107 6,456 5.22 11,783 615 21,770 0.18 3.97
237990 ......... Other Heavy and Civil 76 101 5,857 5.22 10,201 533 18,847 0.18 3.97
Engineering Const.
238110 ......... Poured Concrete Foun- 261 261 4,328 4.42 2,273 101 4,199 0.18 4.18
dation and Struct.
Subtotal .......................... .............. 758 844 22,326 .................. ............. ............ .............. ............
Continued
Cost as Cost
Profits
Profit rate per
(percent) estab.
($1,000) nues its
Own Cranes but Do Not Rent Them
236115 ......... New Single family hous- 2,763 2,763 12,155 4.67 823 38 628 0.08 1.63
ing construction.
236116 ......... New Multifamily housing 197 197 2,010 4.67 1,350 63 628 0.05 1.00
construction.
236117 ......... New housing operative 1,206 1,206 8,528 4.67 1,854 87 628 0.03 0.73
builders.
236118 ......... Residential Remodelers 808 808 2,627 4.67 443 21 628 0.14 3.03
236210 ......... Industrial building con- 209 209 6,015 4.67 1,247 58 628 0.05 1.08
struction.
236220 ......... Commercial and Institu- 2,943 2,943 50,843 4.67 1,526 71 628 0.04 0.88
tional Bldg. Construc.
237110 ......... Water and Sewer Line 900 900 13,335 5.22 702 37 628 0.09 1.71
Const.
237120 ......... Oil and gas pipeline con- 63 63 3,416 5.22 708 37 628 0.09 1.70
struction.
237130 ......... Power and communica- 207 207 9,177 5.22 655 34 281 0.04 0.82
tion line const.
237210 ......... Land subdivision ............ 0 0 0 11.04 0 0 0 NA NA
237310 ......... Highway, street and 66 66 2,423 5.22 976 51 628 0.06 1.23
bridge const.
237990 ......... Other heavy and civil 378 378 10,483 5.22 589 31 628 0.11 2.04
eng.
238110 ......... Poured Concrete founda- 46 46 531 4.42 494 22 628 0.13 2.87
tion and struct.
238120 ......... Structural steel and pre- 90 90 1,954 4.42 659 29 628 0.10 2.16
cast concrete.
238130 ......... Framing Contractors ...... 981 981 8,322 4.42 374 17 628 0.17 3.80
238140 ......... Masonry Contractors ...... 115 115 1,093 4.42 343 15 628 0.18 4.14
238150 ......... Glass & Glazing Con- 44 44 405 4.42 619 27 628 0.10 2.29
tractors.
238160 ......... Roofing Contractors ....... 207 207 2,378 4.42 447 20 628 0.14 3.18
238170 ......... Siding Contractors .......... 31 31 127 4.42 408 18 628 0.15 3.48
238190 ......... Other foundation, struc- 10 10 62 4.42 394 17 628 0.16 3.60
238210 ......... Electrical Contractors ..... 54 54 541 4.32 444 19 281 0.06 1.47
238220 ......... Plumbing, Heating and 77 77 768 3.86 509 20 628 0.12 3.20
Air-conditioning Con-
tractors.
238290 ......... Other building equipment 30 30 570 4.42 714 32 628 0.09 1.99
cont.
238310 ......... Drywall and insulation 0 0 0 4.42 0 0 0 NA NA
contractors.
238320 ......... Painting and wall cov- 37 37 208 4.42 265 12 628 0.24 5.36
ering contractors.
238330 ......... Flooring Contractors ....... 0 0 0 4.42 0 0 0 NA NA
238340 ......... Tile and Terrazzo con- 0 0 0 4.42 0 0 0 NA NA
tractors.
238350 ......... Finish Carpentry contrac- 0 0 0 4.42 0 0 0 NA NA
tors.
238390 ......... Other building finishing 0 0 0 4.42 0 0 0 NA NA
contractors.
238910 ......... Site Preparation ............. 271 271 1,970 4.56 497 23 628 0.13 2.77
221110 ......... Electric Power Genera- 293 301 1,288 4.44 7,513 334 234 0.00 0.07
tion.
221120 ......... Electric Power Trans, 337 358 2,272 4.44 7,311 325 303 0.00 0.09
Control, and Dist.
221210 ......... Natural Gas Distribution 360 368 1,736 2.98 9,483 283 128 0.00 0.05
321213 ......... Engineered Wood Mem- 82 82 534 3.87 1,674 65 108 0.01 0.17
ber (except Truss) Mfg.
321214 ......... Truss Manufacturing ...... 408 408 3,438 3.87 1,130 44 156 0.01 0.36
336611 ......... Ship Building and Re- 370 371 2,041 6.09 950 58 24 0.00 0.04
pairing.
339950 ......... Sign Manufacturing ........ 5,312 5,316 25,236 5.83 1,303 76 66 0.01 0.09
423310 ......... Lumber, Plywd, Millwork, 4,774 4,844 24,410 2.89 3,970 115 0 0.00 0.00
& Panel Merch Whl.
Continued
Cost as Cost
Profits
Profit rate per
(percent) estab.
($1,000) nues its
423330 ......... Roofing, Siding, and 831 857 4,764 2.89 4,461 129 0 0.00 0.00
Insul Merchant Wholes.
423390 ......... Other Construction Mate- 1,886 1,907 9,298 2.89 2,199 63 0 0.00 0.00
rial Merch Whleslrs.
423730 ......... Warm Air Heating and 1,929 2,017 11,007 3.08 2,537 78 888 0.03 1.14
AC Equip. & Supplies.
444110 ......... Home Centers ................ 1,879 1,904 12,389 7.70 1,344 103 0 0.00 0.00
454312 ......... Liquefied Petroleum Gas 1,881 2,001 11,711 4.22 1,333 56 651 0.05 1.16
(Bottled Gas) Dlrs.
482110 ......... Railroads ........................ NA NA NA NA NA NA NA NA NA
486210 ......... Pipeline Transportation 65 66 238 13.24 8,473 1,122 192 0.00 0.02
of Natural Gas.
517110 ......... Wired Telecommuni- 1,828 1,882 9,022 7.10 1,431 102 12 0.00 0.01
cations Carriers.
Subtotal .......................... 33,969 11,734 139,941 ................ .................. ............. ............ .............. ............
236115 ......... New Single family hous- 29,962 29,962 95,670 4.67 1,192 56 455 0.04 0.82
ing construction.
236116 ......... New Multifamily housing 1,904 1,904 7,946 4.67 1,986 93 414 0.02 0.45
construction.
236117 ......... New housing operative 15,927 15,927 50,782 4.67 2,063 96 455 0.02 0.47
builders.
236118 ......... Residential Remodelers 9,606 9,606 25,611 4.67 527 25 455 0.09 1.85
236210 ......... Industrial building con- 2,669 2,669 13,978 4.67 1,120 52 414 0.04 0.79
struction.
236220 ......... Commercial and Institu- 33,784 33,784 179,125 4.67 1,649 77 414 0.03 0.54
tion.
237110 ......... Water and Sewer Line 11,306 11,306 59,055 5.22 841 44 414 0.05 0.94
Const.
237120 ......... Oil and gas pipeline con- 1,083 1,083 4,293 5.22 666 35 414 0.06 1.19
struction.
237130 ......... Power and communica- 2,149 2,149 8,580 5.22 630 33 67 0.01 0.20
tion line const.
237210 ......... Land subdivision ............ 0 0 0 11.04 0 0 0 0.00 0.00
237310 ......... Highway, street and 862 862 4,675 5.22 993 52 414 0.04 0.80
bridge const.
237990 ......... Other heavy and civil 2,295 2,295 10,166 5.22 1,261 66 414 0.03 0.63
engg.
238110 ......... Poured Concrete founda- 11,886 11,886 52,606 4.42 677 30 414 0.06 1.38
tion and struct.
238120 ......... Structural steel and pre- 2,679 2,679 14,995 4.42 945 42 414 0.04 0.99
cast concrete.
238130 ......... Framing Contractors ...... 13,043 13,043 48,914 4.42 345 15 414 0.12 2.72
238140 ......... Masonry Contractors ...... 1,243 1,243 4,720 4.42 376 17 414 0.11 2.49
238150 ......... Glass & Glazing Con- 485 485 2,457 4.42 758 34 414 0.05 1.24
tractors.
238160 ......... Roofing Contractors ....... 1,722 1,722 7,015 4.42 637 28 414 0.07 1.47
238170 ......... Siding Contractors .......... 506 506 1,627 4.42 359 16 414 0.12 2.61
238190 ......... Other foundation, struc- 237 237 909 4.42 290 13 414 0.14 3.24
238210 ......... Electrical Contractors ..... 691 691 2,953 4.32 434 19 67 0.02 0.36
238220 ......... Plumbing, Heating and 872 872 3,855 3.86 551 21 414 0.08 1.95
Air-conditioning Con-
tractors.
238290 ......... Other building equipment 524 524 2,726 4.42 868 38 414 0.05 1.08
cont.
238310 ......... Drywall and insulation 0 0 0 4.42 0 0 0 0.00 0.00
contractors.
238320 ......... Painting and wall cov- 392 392 1,267 4.42 326 14 414 0.13 2.87
ering contractors.
238330 ......... Flooring Contractors ....... 0 0 0 4.42 0 0 0 0.00 0.00
238340 ......... Tile and Terrazzo con- 0 0 0 4.42 0 0 0 0.00 0.00
tractors.
Continued
Cost as Cost
Profits
Profit rate per
(percent) estab.
($1,000) nues its
238350 ......... Finish Carpentry contrac- 0 0 0 4.42 0 0 0 0.00 0.00

tors.
238390 ......... Other building finishing 0 0 0 4.42 0 0 0 0.00 0.00
contractors.
238910 ......... Site Preparation ............. 3,579 3,579 13,406 4.56 561 26 414 0.07 1.62
Subtotal .......................... 149,403 149,403 617,328 ................ .................. ............. ............ .............. ............
Total ........................ 186,977 166,064 803,843 ................ .................. ............. ............ 0.08 1.69
Source: ORA.
Country Business Patterns, 2006; Statistics of U.S. Businesses 2006.
2. A Succinct Statement of the Need for, safe and healthful working conditions Small Business Administration. The
and Objectives of, the Rule and to preserve our human resources. Panel received oral and written
29 U.S.C. 651(b). comments on a draft proposal and a
The primary objective of the proposed
standard is to provide an increased 3. Summary of the Significant Issues draft economic analysis from small
degree of occupational safety for Raised by the Public Comments in entities (businesses) that would
employees performing construction Response to the Initial Regulatory potentially be affected by the rule. The
work involving cranes/derricks. As Flexibility Analysis, a Summary of the Panel, in turn, prepared a written report
stated above, an estimated 157 injuries Assessment of the Agency of Such which was delivered to the Assistant
and 21 fatalities would be prevented Issues, and a Statement of Any Changes Secretary for Occupational Safety and
annually through compliance with this Made in the Proposed Rule as a Result Health (which can be found in the
standard. Another objective of the of Such Comments docket for this rulemaking). The report
rulemaking is to provide employers and On August 18, 2006, OSHA convened summarized the comments received
employees updated and more complete a Small Business Advocacy Review from the small entities, and included
safety standards for construction work Panel (the Panel) for this rulemaking in recommendations from the Panel to
involving cranes/derricks. accordance with the provisions of the OSHA regarding the proposal and the
The legal basis for the rule is the Small Business Regulatory Enforcement associated analysis of compliance costs.
Occupational Safety and Health (OSH) Fairness Act of 1996 (Pub. L. 104121), OSHA sought comment on a variety of
Act of 1970. The OSH Act authorizes as codified at 5 U.S.C. 601 et seq. The issues of particular interest to small
and obligates the Secretary of Labor to Panel consisted of representatives of businesses as a result of the
promulgate mandatory occupational OSHA, the Office of Information and recommendations of the SBREFA Panel.
safety and health standards as necessary Regulatory Affairs in the Office of Table B16 below summarizes the
to assure so far as possible every Management and Budget, and of the responses to these Panel
working man and woman in the Nation Office of Advocacy within the U.S. recommendations.
TABLE B16RESPONSE TO SBREFA PANEL RECOMMENDATIONS

SBREFA panel recommendation OSHA response
The Panel recommends that OSHA provide full documentation for how OSHA has developed a full preliminary economic analysis (PEA) for
it estimated the number of affected small entities and all other cal- the proposal which explains all assumptions used in estimating the
culations and estimates provided in the PIRFA. costs and benefits of the proposed standard. The Final Economic
Analysis (FEA) also explains the changes made to the analysis as a
result of comments on the proposed rule, and OSHAs responses to
these comments.
The Panel recommends that OSHA reexamine its estimate of crane OSHA included homebuilding industries in the Own but Do Not Rent
use in home building, the coverage of crane trucks used for loading and Crane Lessees industrial profile categories.
and unloading, and the estimates of the number of jobs per crane. OSHA has also made a number of additions to the industrial profile to
Changes in these estimates should be incorporated into the esti- cover firms in general industry that sometimes use cranes for con-
mates of costs and economic impacts. struction work, and has added costs for these sectors.
The Panel recommends that OSHA review its estimates for the direct OSHA sought comments on the estimates and methodology. As a re-
costs of operator certification and seek comment on these cost esti- sult of these comments, OSHA has increased its estimate of the unit
mates. costs of certification.
TABLE B16RESPONSE TO SBREFA PANEL RECOMMENDATIONSContinued

The Panel recommends that OSHA carefully examine certain types of OSHA sought public comment on all aspects (including economic im-
impact that could result from an operator certification requirement, in- pacts, wages, number of operators, demand, etc.) of the operator
cluding reports of substantial increases in the wages of operators; certification requirements, specifically as it pertains to the State of
the possibility of increased market power for firms renting out cranes; California.
and loss of jobs for existing operators due to language, literacy, or OSHA has included 2 hours of travel time per operator into the unit
knowledge problems; and seek comment on these types of impacts. costs for operator certification.
The Panel also recommends studying the impacts of the implemen- OSHA also increased the unit costs of operator certification as a result
tation of operator certification in CA. of comments. However, based on comments, OSHA also reduced
the OSHA percentage of crane operators still needing certification.
The Agency reviewed data on wage rates for operators in California
immediately before and after operator certification was required (Em-
ployment Development Department, Labor Market Information Divi-
sion, State of California, 2007). The data did not show much change
in operators wages.
OSHA also evaluated the changes in crane related fatality rates in
California and found these had significantly declined after the Cali-
fornia certification requirements were put into place.
The Panel recommends that OSHA reexamine its estimates for the OSHA sought comment on the methodology used to calculate all of the
amount of time required to assess ground conditions, the number of costs in the PEA, which includes the costs for assessing ground con-
persons involved in the assessment, and the amount of coordination ditions.
involved; clarify the extent to which such assessments are currently As a result of these comments, OSHA has added costs for examina-
being conducted and what OSHA estimates as new costs for this tion of ground conditions. This addition of costs does not change
rule represent; and seek comments on OSHAs cost estimates. OSHAs conclusion that this standard is economically feasible.
The Panel recommends that OSHA carefully review the documentation The Agency describes the documentation requirements, along with
requirements of the standard, including documentation that employ- cost estimates, in the section of this preamble entitled OMB Review
ers may consider it prudent to maintain; estimate the costs of such Under the Paperwork Reduction Act of 1995.
requirements; seek ways of minimizing these costs consistent with
the goals of the OSH Act; and solicit comment on these costs and
ways of minimizing these costs.
The Panel recommends that OSHA examine whether the inspection re- As explained in the discussion of 1926.1412, Inspections, OSHAs
quirements of the proposed rule require procedures not normally former standard at former 1926.550 required inspections each time
conducted currently, such as lowering and fully extending the boom the equipment is used, as well as thorough annual inspections. In
before the crane can be used, and removing non-hinged inspection addition, national consensus standards that are incorporated by ref-
plates during the shift inspection, estimate the costs of any such re- erence include additional inspection requirements. This final standard
quirements, and seek comment on these issues. would list the inspection requirements in one place rather than rely
on incorporated consensus standards. This final standard does not
impose significant new requirements for inspections. OSHA received
comments on the issue of lowering and fully extending the boom be-
fore the crane can be used. However, OSHA concludes that the
comments were based on a general misunderstanding of the require-
ments. Section 1926.1413(a) explicitly says that booming down is
not required for shift (and therefore monthly) inspections.
Similarly, OSHA stated in the proposed preamble (73 FR 59770, Oct.
9, 2008) that it does not believe inspection of any of those items
would require removal of non-hinged inspection plates. In the discus-
sion of proposed 1926.1412, OSHA requested public comment on
this point. OSHA finalized 1926.1412 as proposed because com-
ments did not confirm that non-hinged plates needed to be removed
to meet the requirements of a shift inspection.
The Panel recommends that OSHA consider the costs of meeting the Previous subpart N, at former 1926.550(a)(2), required load charts;
requirements for original load charts and full manuals, and solicit this is not a new cost. Subpart N did not require manuals. OSHA
comments on such costs. concludes that most crane owners and operators have and maintain
crane manuals, which contain the load charts and other critical tech-
nical information about crane operations and maintenance. The
Agency determined that the cost of obtaining a copy of a manual
should be modest and solicited comment on how many owners or
operators do not have full manuals for their cranes or derricks. Few
commenters saw this as a major problem.
The Panel recommends that OSHA provide full documentation for its The Agency placed additional materials in the rulemaking docket to aid
analysis of the benefits the proposed rule are expected to produce in the reproduction of the benefits analysis. The Agency also devel-
and assure that the benefits analysis is reproducible by others. oped a full benefits analysis (sec. 4 of the FEA) which includes the
methodology and data sources for the calculations.
The Panel recommends that OSHA consider and solicit public com- In the discussion of proposed 1926.1400(c)(8), OSHA requested pub-
ment on whether the scope language should be clarified to explicitly lic comment on this issue.
state whether forklifts that are modified to perform tasks similar to
equipment (cranes and derricks) modified in that manner would be
covered.

The Panel recommends that there be a full explanation in the preamble OSHA explained in the discussion of proposed 1926.1402(e) how the
of how responsibility for ensuring adequate ground conditions is various employers, including the controlling entity, the employer
shared between the controlling entity, and the employer of the indi- whose employees operate the equipment, and the employer of the
vidual supervising assembly/disassembly and/or the operator. A/D director share responsibility for ensuring adequate ground condi-
tions. OSHA did not receive any significant comments on this issue
and, therefore, considers this matter resolved.
The Panel recommends that OSHA restate the applicable corrective OSHA addressed this recommendation in the discussion of proposed
action provisions (which are set forth in the shift inspection) in the 1926.1412(e) and requested public comment on the issue. Based
monthly inspection section. on these comments, OSHA concludes that the requirements were
clear as proposed, and repeating the provisions will create confu-
sion. Therefore, OSHA did not restate the corrective actions in
1926.1412(e).
The Panel recommends that OSHA solicit public comment on whether, OSHA addressed this recommendation in the discussion of proposed
and under what circumstances, booming down should be specifically 1926.1412(d) and requested public comment on the issues raised
excluded as a part of the shift inspection, and whether the removal in the recommendation.
of non-hinged inspection plates should be required during the shift
inspection.
The Panel recommends that OSHA solicit public comment on whether OSHA solicited comments on this issue, but the Agency did not receive
to include an exception for transportation systems in proposed any significant comments supporting an exception for transportation
1926.1412(a), which requires an inspection of equipment that has systems. Based on the analysis of comments received about
had modifications or additions that affect its safe operation, and, if 1926.1412(a), OSHA concludes that the inspections of modifica-
so, what the appropriate terminology for such an exception would be. tions as required by the final rule are sufficient to ensure that safe
equipment is used. Therefore, OSHA did include the recommended
exclusion in the final rule.
The Panel recommends that OSHA explain in the preamble that the In the explanation of 1926.1412(d)(1) of the proposed rule, OSHA ex-
shift inspection does not need to be completed prior to each shift but plained that the shift inspection may be completed during the shift.
may be completed during the shift. OSHA finalized 1926.1412(d)(1) as proposed because the com-
ments did not demonstrate how it was safer to deviate from the rule
as proposed.
The Panel recommends that OSHA solicit public comment about OSHA requested public comment on this issue and revised the regu-
whether it is necessary to clarify the requirement of proposed latory text of 1926.1412(d)(1)(xi) to provide more clarity, in re-
1926.1412(d)(1)(xi) that the equipment be inspected for level posi- sponse to the comments the Agency received.
tion.
The Panel recommends that OSHA solicit comment on whether pro- There is no requirement to check the pressure at each and every
posed 1926.1412(f)(2)(xii)(D) should be changed to require that line. The provision simply states that relief valves should be
pressure be inspected at the end of the line, as distinguished from checked for failure to reach correct pressure. If this can be done at
at each and every line, and if so, what the best terminology would one point for the entire system, then that would satisfy the require-
be to meet this purpose. (An SER indicated that proposed ment.
1926.1412(f)(2)(xiv)(D) should be modified to checking pressure
setting, in part to avoid having to check the pressure at each and
every line as opposed to at the end of the line.)
The Panel recommends that OSHA solicit public comment on whether Section 1926.1412(f)(2)(xx) of the final rule does not require the cor-
proposed 1926.1412(f)(2)(xx) should be deleted because an SER rective action to which the SER refers. If an inspection under
believes that it is not always appropriate to retain originally-equipped 1926.1412(f) reveals a deficiency, a qualified person must deter-
steps and ladders, such as in instances where they are replaced with mine whether that deficiency is a safety hazard requiring immediate
attaching dollies. correction. If the inspection reveals that original equipment, such as
stairs and ladders, have been replaced with something equally safe,
there would be no safety hazard and no requirement for corrective
action.
The Panel recommends that OSHA solicit public comment on the ex- In the discussion of proposed 1926.1412(f)(7), OSHA requested pub-
tent of documentation of monthly and annual/comprehensive inspec- lic comment on this issue. OSHA finalized 1926.1412(f)(7) as pro-
tions the rule should require. posed because the comments did not demonstrate a need to modify
the extent of required documentation.
The Panel recommends that OSHA solicit public comment on whether In the discussion of proposed 1926.1412(e), OSHA requested public
the provision for monthly inspections should, like the provision for an- comment on this issue. In response to these comments, OSHA has
nual inspections, specify who must keep the documentation associ- explained in the final preamble that the employer who performs the
ated with monthly inspections. inspection must maintain documentation. If another employer wants
to rely on this inspection, but cannot ensure completion and docu-
mentation of the inspection, then that employer must conduct a
monthly inspection.
The Panel recommends that OSHA consider ways to account for the OSHA addressed this recommendation in the discussion of proposed
possibility that there may sometimes be an extended delay in obtain- 1926.1416(d), and requested public comment on the issue. The
ing the part number for an operational aid for older equipment and Agency did not receive any significant comments.
solicit public comment on the extent to which this is a problem.
The Panel recommends that the provision on fall protection (proposed Except for a minor change to 1926.1423(h), which was made for clar-
1926.1423) be finalized as written and that OSHA explain in the ity purposes, OSHA has finalized 1926.1423 as proposed. OSHA
preamble how and why the Committee arrived at this provision. explained the Committees rationale in the proposed preamble dis-
cussion of 1926.1423.

The Panel recommends that OSHA consider the potential advantages OSHA addressed these recommendations in the discussion of pro-
of and solicit public comment on adding provisions to proposed posed 1926.1427, and requested public comment on the issues
1926.1427 that would allow an operator to be certified on a par- raised by the Panel. Based on these comments, OSHA is not permit-
ticular model of crane; allow tests to be administered by an accred- ting certification on a particular crane model because the body of
ited educational institution; and allow employers to use manuals that knowledge and skills required to be qualified/certified on a particular
have been re-written to accommodate the literacy level and English model of crane is not less than that needed to be qualified/certified
proficiency of operators. for that models type and capacity. OSHA is not allowing an institu-
tion accredited by the Department of Education (DOE) to certify
crane operators solely on the basis of DOE accreditation; such insti-
tutions would, like other operator-certification entities used to fulfill
Option (1), be accredited by a nationally recognized accrediting
body. Finally, OSHA is permitting employers to re-write manuals to
accommodate the literacy level and English proficiency of operators.
The Panel recommends that OSHA clarify in the preamble how the In the discussion of proposed 1926.1427(h), OSHA proposed to allow
proposed rule addresses an SERs concern that his crane operator the oral administration of tests if two prerequisites are met. None of
would not be able to pass a written qualification/certification exam the comments explained why the rule as proposed was not effective
because the operator has difficulty in taking written exams. for evaluating the knowledge of the candidate.
The Panel recommends soliciting public comment on whether the OSHA received public comments on this issue. In the final preamble
phrase equipment capacity and type in proposed discussion of 1926.1427(b)(1)(ii)(B), OSHA explains that the Agen-
1926.1427(b)(1)(ii)(B) needs clarification, suggestions on how to cy added a definition of type in response to public comment. The
accomplish this, and whether the categories represented in Figures 1 Agency also references ANSI crane categories to illustrate the
through 10 contained in ANSI B30.52000 (i.e., commercial truck- meaning of type in this standard.
mounted cranetelescoping boom; commercial truck-mounted
cranenon-telescoping boom; crawler crane; crawler cranetele-
scoping boom; locomotive crane; wheel-mounted crane (multiple
control station); wheel-mounted cranetelescoping boom (multiple
control station); wheel-mounted crane (single control station); wheel-
mounted cranetelescoping boom (single control station)) should be
used.
The Panel recommends that OSHA ask for public comment on whether OSHA addressed this recommendation in the discussion of proposed
the rule needs to state more clearly that 1926.1427(j)(1)(i) requires 1926.1430(c), and explained that 1926.1427(j)(1)s requirement
more limited training for operators of smaller capacity equipment for operator training in the information necessary for safe operation
used in less complex operations as compared with operators of high- of the specific type of equipment the individual will operate ad-
er capacity, more complex equipment used in more complex situa- dressed the SERs concern. However, the Agency sought public
tions. comment on this issue. OSHA finalized 1926.1427(j)(1) as pro-
posed because the comments failed to explain how the hazards re-
lated to the operation of smaller equipment differed from larger
equipment. OSHA then concluded that the comments also were not
persuasive as to why operators of smaller capacity equipment should
be allowed limited training.
ment on whether a more limited training program would be appro- 1926.1430(c) requested public comment on the issue. The com-
priate for operations based on the capacity and type of equipment ments failed to explain how the hazards related to smaller equipment
and nature of operations. were any different from larger equipment. OSHA then concluded that
the comments also were not persuasive as to why operators of
smaller capacity equipment should be allowed limited training.
ment as to whether the supervisor responsible for oversight for an 1926.1430(c). and requested public comment on the issue. In the
operator in the pre-qualification period ( 1926.1427(f)) should have proposed preamble, OSHA stated that, where a supervisor is not a
additional training beyond that required in the CDAC document at certified operator, he/she must be certified on the written portion of
1926.1427(f)(2)(iii)(B). the test and be familiar with the proper use of the equipments con-
trols; the supervisor is not required to have passed a practical oper-
ating test. OSHA finalized this requirement without substantive
change in 1926.1427(f)(3)(ii) as proposed because none of the
comments demonstrated a need to require additional training for this
qualified individual.
The Panel recommends OSHA solicit comment on whether there are In the discussion of proposed 1926.1437(n)(2), OSHA requested pub-
qualified persons in the field with the necessary expertise to assess lic comment on this issue. Based on these comments, OSHA has
how the rated capacity for land cranes and derricks used on barges concluded that there are qualified persons with dual expertise, and
and other flotation devices needs to be modified as required by pro- that the requirement in 1926.1437(n)(2) is necessary for safety
posed 1926.1437(n)(2). when equipment is engaged in duty cycle work.
The Panel also recommends that OSHA solicit comment on whether it
is necessary, from a safety standpoint, to apply this provision to

cranes used only for duty cycle work, and if so, why that is the case,
and how duty cycle work should be defined.
The Panel recommends that OSHA consider and ask for comment on In the discussion of proposed 1926.1440(a), OSHA requested public
whether it would be appropriate to exempt from the rule small comment on this issue. These comments did not provide any specific
sideboom cranes incapable of lifting above the height of a truck bed reason for exempting these small sideboom cranes and, therefore,
and with a capacity of not more than 6,000 pounds. OSHA has not provided a small capacity sideboom crane exemption
from this standard.

The Panel recommends that OSHA solicit public comment on how the The length and comprehensiveness of the standard is an issue for this
proposed rule could be simplified (without creating ambiguities) and rulemaking. In the proposed preamble Introduction, OSHA requested
made easier to understand. (Several SERs believed that the CDAC public comment on this issue; however, the Agency did not receive
document was so long and complex that small businesses would any comments objecting to the length or clarity of the overall rule or
have difficulty understanding it and complying with it.) offer any suggestions as to how it could be simplified.
The Panel recommends that OSHA consider outlining the inspection OSHA will consider developing such an aid as a separate guidance
requirements in spreadsheet form in an Appendix or developing document.
some other means to help employers understand what inspections
are needed and when they must be done.
The Panel recommends that OSHA consider whether use of the words Some SERs requested clarification as to when documentation was re-
determine and demonstrate would mandate that the employer quired, believing that the document implicitly requires documentation
keep records of such determinations and if records would be re- when it states that the employer must determine or demonstrate
quired to make such demonstrations. certain actions or conditions. OSHA notes that it cannot cite an em-
ployer for failing to have documentation not explicitly required by a
standard. See also the discussion under proposed 1926.1402(e).
The Panel recommends soliciting public comment on whether the word In the discussion of proposed 1926.1416(d), OSHA requested public
days as used in 1926.1416(d) and 1926.1416(e) should be clari- comment on this issue. As a clarification in response to the com-
fied to mean calendar days or business days. ments received, OSHA determines that the term days refers to cal-
endar days.
The Panel recommends that OSHA carefully discuss what is included OSHA proposed a scope section, 1926.1400, and discussed in detail
and excluded from the scope of this standard. the types of machinery proposed to be included and excluded under
this standard. OSHA received public comments on this proposed
scope, analyzed the comments, and provided more discussion of the
scope section in the final preamble.
The Panel recommends that OSHA gather data and analyze the effects OSHA obtained and evaluated a study by the Construction Safety As-
of already existing certification requirements. sociation of Ontario showing that Ontarios certification requirement
led to a substantial decrease in crane-related fatalities there. OSHA
also examined both economic data of crane operator wage rates be-
fore and after the certification requirements, and fatality rates before
and after the certification requirements.
This data shows that costs disruptions were minimal, and that crane fa-
talities were significantly reduced as a result of the California certifi-
cation standard.
The Panel recommends that OSHA consider excluding and soliciting In the discussion of proposed 1926.1400(c), OSHA requested public
comment on whether equipment used solely to deliver materials to a comment on this issue. Based on the analysis of the comments re-
construction site by placing/stacking the materials on the ground ceived, OSHA recognized an exclusion for delivery materials that
should be explicitly excluded from the proposed standards scope. should exclude most true deliveries, while avoiding creating a loop-
hole to the standard that would allow materials-delivery firms to en-
gage in extensive construction activities
The Panel recommends that OSHA should consider the information The information and opinions submitted by the SERs are part of the
and range of opinions that were presented by the SERs on the issue record for this rulemaking, and OSHA considered them along with
of operator qualification/certification when analyzing the public com- the other public comments on the proposed rule.
ments on this issue.
ment on expanding the levels of certification so as to allow an oper- 1926.1427, and requested public comment on the issue. Based on
ator to be certified on a specific brands model of crane. these comments, OSHA is not permitting certification on a particular
crane model because the body of knowledge and skills required to
be qualified/certified on a particular model of crane is not less than
that needed to be qualified/certified for that models type and capac-
ity.
ment on expanding the levels of operator qualification/certification to 1926.1427(j)(1), and requested public comment on this issue.
allow an operator to be certified for a specific, limited type of cir- Though several commenters were in favor of this option, they did not
cumstance. Such a circumstance would be defined by a set of pa- explain how these lifts could objectively be distinguished from lifts
rameters that, taken together, would describe an operation character- generally. Several other commenters indicated that the types of haz-
ized by simplicity and relatively low risk. The Agency should consider ards present and the knowledge needed to address those hazards,
and solicit comment on whether such parameters could be identified remained the same, regardless of the capacity of the crane involved
in a way that would result in a clear, easily understood provision that or the routine nature of the lift (see discussion of 1926.1427(a)).
could be effectively enforced. Based on these comments, the Agency has not promulgated such a
provision.
ment on allowing the written and practical tests described in Option 1926.1427(b)(3), and requested public comment on the issue. Sev-
(1) to be administered by an accredited educational institution. eral comments were submitted in favor of allowing this option; how-
ever, they did not establish that Department of Education (DOE) ac-
creditation would guarantee the same efficacy in certification as ac-
creditation as a personnel certification entity.
The hearing testimony of Dr. Roy Swift explained the difference in the
types of accreditation and the reasons why DOE accreditation would
not adequately address operator certification issues. Therefore,
OSHA has finalized this provision as it was proposed.

The Panel recommends that OSHA solicit public comment on making it In the discussion of proposed 1926.1427(h)(1), OSHA requested pub-
clear that: (1) An employer is permitted to equip its cranes with lic comment on this issue. Based on the analysis of the comments
manuals re-written in a way that would allow an operator with a low received, OSHA concludes that these manuals may not be re-written
literacy level to understand the material (such as substituting some as recommended because it could cause information important for
text with pictures and illustrations), and (2) making it clear that, when safety to be omitted.
the cranes are equipped with such re-written manuals and materials,
the manuals and materials referred to in these literacy provisions
would be the re-written manuals.
The Panel recommends that OSHA explain in a Small Business Com- OSHA will issue a Small Business Compliance Guide after the final
pliance Guide that the certification/qualification test does not need to rule is issued, and will explain these points in the Guide.
be administered in English but can be administered in a language
that the candidate can read; and that while the employee would also
need to have a sufficient level of literacy to read and understand the
relevant information in the equipment manual, that requirement
would be satisfied if the material is written in a language that the em-
ployee can read and understand.
In addition to these issues brought up controlling entity could, of course, performed. As a result, and as more
by the SBREFA panel, SBAs office of authorize the crane operator to alter site fully discussed in the scope and
Advocacy provided a set of conditions as they wished to assure operator certification sections of this
recommendations for OSHA to consider. adequate safetybut it is the controlling preamble, OSHA continues to believe
(ID0147.) These recommendations and entity and not the crane operator that that operator certification for cranes
OSHAs responses to them are inevitably has responsibility for site doing construction work is necessary to
summarized as follows: conditions. prevent crane-related deaths and injury.
1. OSHA should consider eliminating 5. OSHA should not mandate that OSHA also believes that the power line
the requirement for third-party employers follow manufacturers rules developed through the expertise of
certification of crane operatorsat least recommendations. Advocacys concern CDAC remain necessary to address the
for some small cranes or routine lifts. here was that manufacturers may largest single source of crane-related
OSHA carefully examined this unduly limit crane operations out of construction fatalitiesfatalities due to
requirement. As noted in the benefits liability concerns. However, only the power line contact.
sections, broadly speaking, such a manufacturers know the limitations of
requirement resulted in major the cranes they produce. As a result, 4. A Description of and an Estimate of
reductions in crane fatalities in both OSHA has retained these provisions. If the Number of Small Entities to Which
Ontario and California. Further, as Advocacy had provided examples of the Rule Will Apply
discussed in the preamble sections, clearly unnecessary provisions in
manuals, their argument might have OSHA completed an analysis of the
there is no easy way, beyond that economic impacts associated with this
already allowed, to eliminate third-party been more convincing. In the absence of
even a single example, there seems no final rule, including an analysis of the
certification. type and number of small entities to
2. OSHA should exempt equipment reason to reject this provision or provide
costs for it. which the rule would apply, as
used solely to deliver materials to a
6. OSHA should consider and described above. To determine the
construction site by placing or staking
document any significant alternatives number of small entities potentially
the materials on the ground. OSHA has
to the proposed rule. Advocacy was affected by this rulemaking, OSHA used
clearly exempted such activities from
concerned that some possible the definitions of small entities
the scope of the final standard.
3. OSHA should clarify the meaning alternatives were not fully analyzed developed by the Small Business
of construction. As noted above, because OSHA had committed to Administration (SBA) for each industry.
OSHA has added material designed to publishing the draft rule developed by For the construction industry
aid in this distinction. However, the CDAC as the proposed rule, [and did generally, SBA defines small businesses
definition of construction is not an issue not give] full consideration [to] using revenue-based criteria. For most
in this rulemaking, but is instead an significant alternatives that would of the affected construction industries,
issue for all construction rules. specifically reduce the burden on small including those industries that are
4. OSHA should further limit the businesses have not been documented mostly comprised of general contractors,
controlling entity provisions in the in the proposed rule. OSHA believes firms with annual revenues of less than
proposed rule. Advocacy was that reliance on the work of CDAC was $31 million are classified as small
concerned that small businesses may and remains, appropriate. The two businesses. For specialty contractors,
not be onsite, or may not have suitable largest sources of costs in the rule are such as structural-steel erection
expertise to meet the requirements for operator certification and rules covering contractors, firms with annual revenues
controlling entities. However, the fact operations close to power lines. The of less than $13 million are considered
remains that only the controlling entity experience of Ontario and California to be small businesses. Based on the
can do what this section of the standard shows that operator certification can definitions of small entities developed
requires: (1) Transfer any information make a major difference to crane by SBA for each industry, the final rule
they know of to the crane operator; and fatalities. Additional work done for this is estimated to potentially affect a total
(2) authorize action that will change final rule shows that construction crane of 204,000 small entities, as shown in
ground conditions to assure they are fatalities also occur in general industry Tables B13 and B14. Included in this
suitable for crane operations. The sectors where construction work is number are an estimated 187,000
entities with fewer than 20 employees that increased protection has been the Negotiated Rulemaking Committee
(Table B15). experience in several venues where focused on the safety of the crane itself
certification has been required. Liability (capacity or loading limits, for example),
5. A Description of the Projected
insurers have reduced the premium crane movement or operations,
Reporting, Recordkeeping and Other
rates on employers who use certified assembly/disassembly, and power line
Compliance Requirements of the Rule,
operators. Some states and cities also risk rather than risks faced by riggers
Including an Estimate of the Classes of
currently require crane operators to be and signal persons who work with
Small Entities Which Will Be Subject to
certified. It is likely that crane services them. The Agency concludes that more
the Requirement and the Type of
in construction work would be divided training and certification for riggers
Professional Skills Necessary for
into two separate worlds without a could provide greater safety for them,
Preparation of the Report or Record
Federal regulatory requirement: One but information in IMIS did not permit
The final rule addresses the work with certified operators, perhaps a separate analysis of the role of riggers
practices used, as well as other slightly more expensive but safer, and in crane safety. No commenter who
requirements, for performing one where operators are not certified but advocated certification for riggers
construction work involving cranes/ employers still have a requirement to provided more than a qualitative
derricks. Employers are required to keep adequately train them. As it is difficult assertion that increased crane safety
specified records associated with to predict what the relative size of the would result. There was similarly no
inspections and operator certification/ market would be, it is not possible to information in the record that
qualification. predict or estimate what the effect inspection failures had resulted in
Other compliance requirements in the would be in terms of future crane safety. accidents, save for one accident in New
standard include the assembly and The Agency did have substantial York City that resulted from an
disassembly requirements, evidence in the record that operator inadequate repair to a tower crane part.
encroachment-prevention precautions certification, although costly, sharply The Agency did not have enough
when working near power lines, and reduces crane accidents, and did not information in the record to recommend
ground condition and power line adopt this alternative of dropping the or support this alternative of requiring
assessments. operator certification requirement. certification for riggers, signal persons,
The preamble to the standard Several commenters in the or inspectors.
provides a comprehensive description rulemaking recommended that riggers,
of the standards requirements. The final crane inspectors, and signal persons C. OMB Review Under the Paperwork
economic analysis located in the also be certified. The final standard Reduction Act of 1995
preamble provides a description of the requires riggers who perform tasks such
types of business entities subject to The final Cranes and Derricks
as assembly/disassembly be qualified, as Standard contains collection of
these requirements, and the types of defined in the construction standards
professional skills necessary to comply information requirements (paperwork)
definitions. The annualized cost of that are subject to review by the Office
with the requirements. certifying a crane operator is about $400
of Management and Budget (OMB). In
Regulatory Alternatives (spread over 5 years, 7 percent discount
accordance with the requirements of the
rate). The Agency estimates that
The Agency considered alternatives to Paperwork Reduction Act of 1995
certifying a rigger would cost much less,
the many provisions in the proposed (PRA95) (44 U.S.C. 3506(c)(2)), the
about $100 per year; a signal person, on
standard, and these are presented and proposed regulation solicited comments
average, $50 per year; and inspectors as
discussed in the Final Regulatory on the information collection included
much as a crane operator. The Agency
Flexibility Analysis below, as well as in the proposal. The Department also
estimates that there needs to be, at most,
throughout the Preamble. Crane submitted an information collection
on average, one certified rigger per
operator certification was one of the request (ICR), titled Cranes and
crane; one signal person for every 3
main issues in the rulemaking, and the cranes; and about 1,000 certified Derricks in Construction (29 CFR part
Agency concludes that provisions for inspectors to conduct annual 1926 subpart CC), to OMB for review in
certification offer the most prominent inspections of all the estimated 123,000 accordance with 44 U.S.C. 3507(d) on
way to consider both a more stringent construction cranes. The Agency the date the proposed regulation was
standard (requiring certification of estimates that certification will annually published. On January 8, 2009, OMB
inspectors, riggers, and signal persons in cost about $100 for a rigger, $50 for a informed the Department of Labor to use
addition to crane operators) as well as signal person, and $400 for an inspector OMB control number 12180261 in
less stringent option of dropping the (as much as a for a crane operator). The future submissions involving this
requirement of crane operator Agency estimates the total annual cost rulemaking. OMB also commented,
certification altogether. of certifying will be $14.5 million ($12.3 This OMB action is not an approval to
The Agency has estimated the million for riggers, $2 million for signal conduct or sponsor an information
additional annualized costs for crane persons, and $0.4 million for collection under the Paperwork
operator certification to be about $51 inspectors). The cost of crane inspection Reduction Act of 1995.
million annuallyabout one-third of is likely to increase since many OSHA received no public comments
the estimated total costs of the final employers will no longer be able to have that addressed specifically the
standard. Dropping this requirement an employee perform an inspection, but paperwork burden analysis of the
would reduce costs and impacts by that the Agency is not estimating that information collections. A number of
amount, roughly. Without a Federal comments, described earlier in this
increased cost.
regulatory requirement, the level of Riggers are injured and killed more preamble, contained information
operator certification would be frequently than workers in any other relevant to the costs and burden hours
uncertain. A substantial percentage of occupation during construction crane attendant to the non-paperwork
operators have already been certified. activities. They are injured when cranes provisions of the proposal, which OSHA
The Agency is convinced that tip over or booms fall, by falling loads, considered when it developed the
certification significantly improves the by electrical shock from power line revised burden analysis for the ICR
safe practices of crane operators, and contact, and through falls. The associated with this final rule.
Prior to publishing this final options, and take such actions only The OSH Act does not contain an
rulemaking, the Department of Labor when clear constitutional authority express preemption provision.143
submitted the Cranes and Derricks ICR exists, and the problem is national in However, in accordance with ordinary
to OMB for OMB approval. OSHA will scope. The E.O. allows Federal agencies conflict preemption principles,
publish a separate notice in the Federal to preempt State and local law only preemption may be implied where the
Register that will announce the results with the expressed consent of Congress. State law conflicts with Federal law or
of that review and include any In such cases, Federal agencies must is an impediment to full
applicable OMB control number. That limit preemption of State and local law accomplishment of the Federal purpose.
notice also will include a summary of to the extent possible. Gade v. National Solid Wastes
the information collection requirements Management Assn, 505 U.S. 88, 100
and burdens imposed by the new Under section 18 of the Occupational (1992). The determination whether,
standard. A copy of the ICR is available Safety and Health Act of 1970 (OSH under Gade, a State or local law is
as an exhibit at http:// Act; 29 U.S.C. 667), Congress expressly impliedly preempted by a Federal
www.regulations.gov. The Department provides that States may adopt, with occupational safety or health standard
of Labor notes that a Federal agency Federal approval, a plan for the involves a detailed examination of the
cannot conduct or sponsor a collection development and enforcement of specific provisions and purposes of the
of information unless it is approved by occupational safety and health law. The Secretary previously examined
OMB under the PRA, and displays a standards; States that obtain Federal New York Citys crane ordinances and
currently valid OMB control number. approval for such a plan are referred to concluded that they were not preempted
Also, notwithstanding any other as State-Plan States. (29 U.S.C. 667.) by the prior crane standard. OSHA has
provision of law, no employer shall be Occupational safety and health placed the Secretarys amicus brief in
subject to penalty for failing to comply standards developed by State-Plan Steel Institute of New York v. The City
with a collection of information if the States must be at least as effective in of New York, No. 09CV6539 (CM)
collection of information does not providing safe and healthful (JCF) on the record. (ID0419.1.) This
display a currently valid OMB control employment and places of employment brief presents the agencys
number. as the Federal standards. Subject to interpretation of the preemptive effect of
The final Cranes and Derricks these requirements, State-Plan States are the prior rule on New York Citys crane
standard imposes new information- free to develop and enforce under State ordinances. For the same reasons set
collection requirements for purposes of law their own requirements for forth in the amicus briefwhich are
PRA95. These provisions are necessary occupational safety and health summarized belowNew York Citys
to protect the health and safety of standards. crane ordinances are not preempted by
employees who work with equipment at this final rule.
construction worksites. The paperwork OSHA has authority under E.O. 13132 In the Steel Institute case, the
requirements impose on employers a to promulgate the final rule in 29 CFR Secretary concluded that the OSH Act
duty to produce and maintain records part 1926 because the employee does not preempt municipal building
when they implement controls and take exposures related to cranes and derricks codes like New York Citys crane
other measures to protect workers from used in construction addressed by the ordinances, which are designed to
hazards related to cranes and derricks requirements of the final standard are protect the public and neighboring
used in construction. For example, each national in scope. The Agency structures from the hazards of cranes
construction business that has workers concludes that the requirements in this and do not conflict with OSHA
who operate or are in the vicinity of final rule will provide employers in standards. In Gade, a plurality read the
cranes and derricks must have, as every State with critical information to provisions of sec. 18 of the Act to
applicable, the following documents on use when protecting their employees preempt supplementary State laws that
file and available at the job site: from the hazards presented when are not part of an approved State plan.
Equipment ratings, employee training working with cranes and derricks. 505 U.S. at 100108. However, sec. 18
records, written authorizations from A number of commenters were refers to states, not localities, and does
qualified individuals, and qualification concerned with the preemptive effect of not evince a clear intention to preempt
program audits. During an inspection, the final rule in jurisdictions not local building codes. The Gade decision
OSHA must have access to these records covered by an approved State plan. did not address local building codes,
to determine compliance under Representatives of New York City urged and the pluralitys rationale for
conditions specified by the final OSHA to make clear that the new concluding that State laws may be
standard. An employers failure to preempted does not apply with equal
standard will not preempt the Citys
generate and disclose the information measure to municipal building codes.
ordinances governing the erection,
required by this standard will have a The plurality relied chiefly on the
dismantling, and operation of cranes,
substantial affect on the Agencys effort availability of sec. 18s State plan
including crane operator licensing mechanism for states that wish to
to control and reduce injuries and
fatalities related to the use of cranes and requirements, that protect the public in supplement Federal requirements, and
derricks in construction. general. (ID0342; 0404.1.) 142 The Congresss intent to encourage states to
Allied Building Metal Industries assume full responsibility for safety and
D. Federalism Association, on the other hand, stated health through the State plan process.
The Agency reviewed this final rule that preemption of local crane laws is (ID0419.1.) Cities and localities,
according to the most recent Executive not only preferable, but is mandated by
however, have no authority under the

Order (E.O.) on Federalism (E.O. the OSH Act. (ID0344.) Act to submit a State plan. Only a State
13132, 64 FR 43225, Aug. 10, 1994).
This E.O. requires that Federal agencies, 142 The City of Chicago Department of Buildings 143 The proposed rule incorrectly stated that sec.
to the extent possible, refrain from submitted a late comment expressing the same 18 of the Act expressly provides OSHA with
concerns as those of New York City. (ID0348.1.) authority to preempt State occupational safety and
limiting State or local policy options, The concerns expressed by Chicago are mainly the health standards to the extent that the Agency
consult with States before taking actions same as those of New York, and are addressed in promulgates a permanent Federal standard (73 FR
that restrict State or local policy the discussion of the New York laws. 59913, Oct. 9, 2008).
itself may submit a plan and that plan densely populated areas of the city. (ID and Operations, and Semiconductor
must apply throughout the State. (ID 0404.1; 0342.) This density makes it Fabrication Facilities, and specific work
0419.1.) There was no majority generally impossible to locate a crane or operations, such as Combustible Dust-
consensus in Gade as to the preemptive derrick so that it will not operate over Producing Operations and Welding and
effect of an OSHA standard on or adjacent to crowded streets, Other Hot Work. Id. The New York and
supplementary laws not addressed by sidewalks and occupied buildings. Id. International Fire Codes also contain
sec. 18. For the same reason, mobile cranes, requirements applicable during the
A variety of factors support the view which can have booms hundreds of feet construction of buildings, including
that building codes are not the type of in length, must park on and operate requirements for daily disposal of waste
laws Congress intended to preempt in from, the street. Id. On any given day, and limitations on the use of portable
enacting sec. 18. There is legislative more than 300 cranes, including 3040 oxygen containers and internal-
history supporting this conclusion. tower cranes, operate in New York combustion-powered equipment at the
Representative Steiger, a primary City.144 Id. A recent study concluded construction site. Id. Like the Citys
sponsor of the Act, indicated that the that a tower crane operating in NYC crane safety laws, these work-related
Act would not be preemptive in the poses a risk to 12 to 15 surrounding fire safety laws include training,
event of an overlap between an OSHA buildings, several streets, and 1,000 certification and recordkeeping
standard and a local building code. (ID 1,500 people. Id. A crane accident on requirements. Id. The fact that New
0419.1.) The Secretary has interpreted March 15, 2008 killed a woman in a York Citys crane ordinances similarly
the Act as not preempting laws such as brownstone one block away, destroyed regulate workplace conduct is therefore
building codes and OSHA rulemaking eighteen buildings and damaged many fully consistent with the City
has long proceeded on the assumption more within a several-block radius, and ordinances being laws of general
that local building codes exist in forced hundreds of people from their applicability.
parallel to OSHA regulations and are homes. Id. Twelve members of the Although the interpretation outlined
not preempted by them. For example, in public were injured in crane accidents above was developed based on
the preamble to the final rule on Exit between 2006 and 2008. Id. Although consideration of the specific provisions
Routes, Emergency Action Plans, and compliance with the Citys ordinances of New York Citys crane ordinances,
Fire Prevention Plans, OSHA will unquestionably protect workers, the preemption principles set forth are
commended the effectiveness of such protection is incidental to generally applicable. The agency does
building codes while declining to protection of all persons in the vicinity not believe that this final rule preempts
recognize compliance with building regardless of their status as employees any non-conflicting local or municipal
codes as compliance with the OSHA or non-employees. building code designed to protect the
standard (67 FR 67950, 67954, Nov. 7, The Citys crane laws are analogous to public from the hazards of cranes.
2002). Strong policy considerations fire and safety laws in that they E. State-Plan States
bolster this understanding. Work comprehensively address a public
practices and conditions pose a variety hazard by imposing obligations on a When Federal OSHA promulgates a
of serious hazards to the public, and wide variety of persons without regard new standard or more stringent
local jurisdictions have enacted a to the existence of an employment amendment to an existing standard, the
network of industrial codes, such as relationship. Many of these duties are 27 States and U.S. Territories with their
building and electrical codes, that touch imposed on manufacturers, owners, own OSHA-approved occupational
on issues for which there are OSHA engineers, designated representatives safety and health plans (State-Plan
standards. If New York Citys crane and others who need not be employers States) must amend their standards to
ordinances are preempted because of or employees. By contrast, this final reflect the new standard or amendment,
their incidental impact on worker rule, like the prior crane rule, applies or show OSHA why such action is
safety, building and electrical codes, only to construction work as defined in unnecessary, e.g., because an existing
and many other types of local regulation OSHA regulations, which relates to the State standard covering this area is at
will also be in jeopardy. The text and performance of physical trade labor on least as effective as the new Federal
history of the Act give no indication that site and does not generally include standard or amendment. 29 CFR
Congress intended such a sweeping engineers, who are the subject of several 1953.5(a). The State standard must be at
preemptive effect. (ID0419.1.) least as effective as the final Federal
of the Citys ordinances.
A separate reason for concluding that Comparison of the Citys crane rule, must be applicable to both the
New York Citys crane laws are not ordinances to fire safety lawsa private and public (State and local
preempted is that they are laws of category of laws expressly recognized in government employees) sectors, and
general applicability. The Gade Gade as being generally applicable must be completed within six months of
plurality stated that laws of general further bolsters the argument that the the promulgation date of the final
applicability, such as traffic or fire Citys laws are not preempted. 505 U.S. Federal rule. When OSHA promulgates
safety laws, that regulate the conduct of at 107. Fire safety laws impose a new standard or amendment that does
workers and nonworkers as members of not impose additional or more stringent
requirements that directly and
the general public would not be requirements than an existing standard,
substantially regulate workplace
preempted regardless of their State-Plan States are not required to
conduct to protect the public and
substantial effect on worker safety. 505 amend their standards, although the
property from fire. (ID0419.1.) For
U.S. at 107. Agency may encourage them to do so.
example, both the International Fire
The New York City crane ordinances The 27 States and U.S. Territories with
Code, on which many local codes are

are not designed to protect workers as OSHA-approved occupational safety
based, and the New York City Fire Code,
a class; they regulate crane operations and health plans are: Alaska, Arizona,
contain provisions applicable to specific
only to the extent they pose a hazard to California, Hawaii, Indiana, Iowa,
workplaces, such as Aviation Facilities
the public. The effect of the ordinances Kentucky, Maryland, Michigan,
is to protect a group far larger than 144 This means that tower cranes pose a risk to Minnesota, Nevada, New Mexico, North
employees on a construction site. upwards of 60,000 people on any given day (40 Carolina, Oregon, Puerto Rico, South
Cranes operate in some of the most 1,500 = 60,000). Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming; covered by 1926.1431, Hoisting example, in 1926.1433 (Design,
Connecticut, Illinois, New Jersey, New personnel. construction and testing), the rule
York, and the Virgin Islands have The Committee consulted these incorporates by reference ANSI B30.5
OSHA-approved State Plans that apply ASME standards (or the most current 1968, safety code for Crawler,
to State and local government versions available at the time) and other Locomotive, and Truck Cranes, PCSA
employees only. resources in developing its proposal. In Std. No. 2 (1968), for crawler, truck and
This final rule results in more most instances, the ASME standards locomotive cranes manufactured prior
stringent requirements for the work it that the Committee consulted were to the effective date of this final rule,
covers. Therefore, States and Territories entered into the docket, including: and incorporates portions of ASME
with approved State Plans must adopt ASME B30.52000 (OSHAS0302006 B30.5a2004, Mobile and Locomotive
comparable amendments to their 06630334); ASME B30.5a2002 Cranes, for mobile cranes (including
standards within six months of the Addenda (OSHAS03020060663 crawler and truck cranes) and
promulgation date of this rule unless 0335); ASME B30.62003 (OSHAS030 locomotive cranes manufactured on or
they demonstrate that such amendments 200606630337); ASME B30.172003 after the effective date of this final rule.
are not necessary because their existing (OSHAS030200606630338); ASME
standards are at least as effective in B30.31996 (OSHAS03020060663 List of Subjects in 29 CFR Part 1926
protecting workers as this final rule. 0353); and ASME B30.231998 (OSHA
Construction industry, Incorporation
S030200606630354). When newer
F. Unfunded Mandates Reform Act by reference, Occupational safety and
versions of the ASME standards were
OSHA reviewed this final rule health, Safety.
issued after the Committee finished its
according to the Unfunded Mandates work, OSHA examined the updated VI. Authority and Signature
Reform Act of 1995 (UMRA; 2 U.S.C. standards to determine if the provisions
1501 et seq.) and Executive Order 12875 of the updated standards deviated in a David Michaels, PhD, MPH, Assistant
(58 FR 58093, Oct. 28, 1993). As significant way from provisions on Secretary of Labor for Occupational
discussed above in section V.B of this which the Committee relied. OSHA Safety and Health, U.S. Department of
preamble (Summary of the Final entered the updated standards into the Labor, 200 Constitution Ave., NW.,
Economic Analysis, and Regulatory record of this rulemaking. For the most Washington, DC 20210, directed the
Flexibility Analysis), the Agency part, OSHA did not find significant preparation of this notice. The Agency
estimates that compliance with this rule deviations between the updated is issuing this final rule under the
will require private-sector employers to versions and the versions reviewed by following authorities: Sections 4, 6(b),
expend about $154.1 million each year. the Committee. In the few instances in 8(c), and 8(g) of the Occupational Safety
However, while this rule establishes a which deviations occurred, OSHA and Health Act of 1970 (29 U.S.C. 653,
Federal mandate in the private sector, identified those deviations and asked 655, 657); Section 3704 of the Contract
the Agencys standards do not apply to for public comment on any issues Work Hours and Safety Standards Act
State, local, or Tribal governments raised. (40 U.S.C. 3701 et seq.); Section 4 of the
except in States that have elected As discussed in detail in the Administrative Procedure Act (5 U.S.C.
voluntarily to adopt a State Plan Summary and Explanation of the 553); Secretary of Labors Order No. 5
approved by the Agency. Consequently, standard, a number of provisions in this 2007 (72 FR 31159, Jun. 5, 2007); and
this final rule does not meet the final rule contain concepts that are 29 CFR part 1911.
definition of a Federal similar to the concepts underlying the Signed at Washington, DC, on July 16,
intergovernmental mandate (see sec. various ASME standards. However, the 2010.
421(5) of the UMRA (2 U.S.C. 658(5))). Committee determined that, in most David Michaels,
However, the rule imposes costs of over instances, the wording of the provisions
$100 million per year on the private Assistant Secretary of Labor for Occupational
in these ASME standards needed
Safety and Health.
sector, and is thus subject to the revision to improve the enforceability,
requirement under UMRA for review of clarity, and ease of use. VII. Amendments to Standards
private sector costs. That requirement is For some issues, the ASME standards
met in section V.B. of the preamble. do not address issues covered by this For the reasons stated in the preamble
final rule, or the Committee determined of this final rule, the Agency is
G. Applicability of Existing Consensus that a different approach was necessary. amending 29 CFR part 1926 to read as
Standards For example, in the provisions on follows:
Some of the types of equipment inspections ( 1926.1412 and
subject to this final standard are 1926.1413), the Committee concluded PART 1926[AMENDED]
addressed by current national consensus that shift, monthly, and annual
standards in the ASME B30 series, inspection intervals are most Subpart AGeneral
including: ASME B30.52004, Mobile appropriate, in contrast to the ASME
and Locomotive Cranes; ASME B30.6 approach, which uses frequent and 1. The authority citation for subpart A
2003, Derricks; ASME B30.82004, periodic intervals. In the provisions of 29 CFR part 1926 is retained as
Floating Cranes and Floating Derricks; addressing assembly/disassembly follows:
ASME B30.32004, Construction ( 1926.1403 through 1926.1406) and Authority: Sec. 3704, Contract Work Hours
Tower Cranes; ASME B30.142004, the encroachment-prevention provisions and Safety Standards Act (40 U.S.C. 333);
Side Boom Tractors; and ASME secs. 4, 6, and 8, Occupational Safety and
for power lines ( 1926.1407 through

B30.22001, Overhead and Gantry 1926.1411), the Committee adopted Health Act of 1970 (29 U.S.C. 653, 655, 657);
Cranes. In addition, ASME B30.72005, approaches with no comparable Secretary of Labors Order No. 1271 (36 FR
Base-Mounted Drum Hoists, addresses 8754), 876 (41 FR 25059), 983 (48 FR
counterparts in the ASME standards.
35736), 696 (62 FR 111), or 52007 (72 FR
a type of equipment that is often a In some instances, the Committee
31160) as applicable; and 29 CFR part 1911.
component of derricks, and ASME determined that it was appropriate to
B30.232005, Personnel Lifting incorporate ASME standards by 2. Section 1926.6 is added to read as
Systems, addresses issues that are reference, in whole or in part. For follows:
1926.6 Incorporation by reference. 7423355; e-mail: mail@acgih.org; Web Equipment, IBR approved for
(a) The standards of agencies of the site: http://www.acgih.org: 1926.555(a).
U.S. Government, and organizations (1) Threshold Limit Values of (16) ANSI B56.11969, Safety
which are not agencies of the U.S. Airborne Contaminants for 1970, 1970, Standards for Powered Industrial
Government which are incorporated by IBR approved for 1926.55(a) and Trucks, IBR approved for 1926.602(c).
reference in this part, have the same Appendix A of 1926.55. (17) ANSI J6.11950 (R1971), Rubber
force and effect as other standards in (h) The following material is available Insulating Line Hose, IBR approved for
this part. Only the mandatory for purchase from the American 1926.951(a).
provisions (i.e., provisions containing National Standards Institute (ANSI), 25 (18) ANSI J6.21950 (R1971), Rubber
the word shall or other mandatory West 43rd Street, Fourth Floor, New Insulating Hoods, IBR approved for
language) of standards incorporated by York, NY 10036; telephone: 212642 1926.951(a).
reference are adopted as standards 4900; fax: 2123021286; e-mail: (19) ANSI J6.41971, Rubber
under the Occupational Safety and info@ansi.org; Web site: http:// Insulating Blankets, IBR approved for
Health Act. The locations where these www.ansi.org/. 1926.951(a).
standards may be examined are as (1) ANSI A10.31970, Safety (20) ANSI J6.51971, Rubber
follows: Requirements for Explosive-Actuated Insulating Sleeves, IBR approved for
(1) Offices of the Occupational Safety Fastening Tools, IBR approved for 1926.951(a).
and Health Administration, U.S. 1926.302(e). (21) ANSI J6.61971, Rubber
Department of Labor, Frances Perkins (2) ANSI A10.41963, Safety Insulating Gloves, IBR approved for
Building, Washington, DC 20210. Requirements for Workmens Hoists, 1926.951(a).
(2) The Regional and Field Offices of (22) ANSI J6.71935 (R1971), Rubber
IBR approved for 1926.552(c).
the Occupational Safety and Health (3) ANSI A10.51969, Safety Matting for Use Around Electric
Administration, which are listed in the Apparatus, IBR approved for
Requirements for Material Hoists, IBR
U.S. Government Manual. 1926.951(a).
approved for 1926.552(b).
(b) The materials listed in paragraphs (23) ANSI O1.11961, Safety Code for
(4) ANSI A11.11965 (R1970),
(g) through (ff) of this section are Woodworking Machinery, IBR approved
Practice for Industrial Lighting, IBR
incorporated by reference in the for 1926.304(f).
approved for 1926.56(b). (24) ANSI Z35.11968, Specifications
corresponding sections noted as they (5) ANSI A17.11965, Elevators, for Accident Prevention Signs, IBR
exist on the date of the approval, and a Dumbwaiters, Escalators, and Moving approved for 1926.200(i).
notice of any change in these materials Walks, IBR approved for 1926.552(d). (25) ANSI Z35.21968, Specifications
will be published in the Federal (6) ANSI A17.1a1967, Elevators, for Accident Prevention Tags, IBR
Register. These incorporations by Dumbwaiters, Escalators, and Moving approved for 1926.200(i).
reference were approved by the Director Walks Supplement, IBR approved for (26) ANSI Z49.11967, Safety in
of the Federal Register in accordance 1926.552(d). Welding and Cutting, IBR approved for
with 5 U.S.C. 552(a) and 1 CFR part 51. (7) ANSI A17.1b1968, Elevators, 1926.350(j).
(c) Copies of standards listed in this Dumbwaiters, Escalators, and Moving (27) ANSI Z87.11968, Practice for
section and issued by private standards Walks Supplement, IBR approved for Occupational and Educational Eye and
organizations are available for purchase 1926.552(d). Face Protection, IBR approved for
from the issuing organizations at the (8) ANSI A17.1c1969, Elevators, 1926.102(a).
addresses or through the other contact Dumbwaiters, Escalators, and Moving (28) ANSI Z89.11969, Safety
information listed below for these Walks Supplement, IBR approved for Requirements for Industrial Head
private standards organizations. In 1926.552(d). Protection, IBR approved for
addition, these standards are available (9) ANSI A17.1d1970, Elevators, 1926.100(b).
for inspection at the National Archives Dumbwaiters, Escalators, and Moving (29) ANSI Z89.21971, Industrial
and Records Administration (NARA). Walks Supplement, IBR approved for Protective Helmets for Electrical
For information on the availability of 1926.552(d). Workers, Class B, IBR approved for
these standards at NARA, telephone: (10) ANSI A17.21960, Practice for 1926.100(c) and 1926.951(a).
2027416030, or go to http:// the Inspection of Elevators (Inspectors (i) [Reserved.]
www.archives.gov/federal_register/ Manual), IBR approved for (j) The following material is available
code_of_federal_regulations/ 1926.552(d). for purchase from the American Society
ibr_locations.html. Also, the standards (11) ANSI A17.2a1965, Practice for for Testing and Materials (ASTM),
are available for inspection at any the Inspection of Elevators (Inspectors ASTM International, 100 Barr Harbor
Regional Office of the Occupational Manual) Supplement, IBR approved for Drive, PO Box C700, West
Safety and Health Administration 1926.552(d). Conshohocken, PA, 194282959;
(OSHA), or at the OSHA Docket Office, (12) ANSI A17.2b1967, Practice for telephone: 6108329585; fax: 610
U.S. Department of Labor, 200 the Inspection of Elevators (Inspectors 8329555; e-mail: service@astm.org;
Constitution Avenue, NW., Room N Manual) Supplement, IBR approved for Web site: http://www.astm.org/:
2625, Washington, DC 20210; telephone: 1926.552(d). (1) ASTM A3701968, Methods and
2026932350 (TTY number: 877889 (13) ANSI A92.21969, Vehicle Definitions for Mechanical Testing and
5627). Mounted Elevating and Rotating Work Steel Products, IBR approved for
(d) [Reserved.] Platforms, IBR approved for 1926.1001(f).
(e) [Reserved.] 1926.453(a) and 1926.453(b). (2) ASTM B1171964, 50 Hour Test,
(f) [Reserved.] (14) ANSI B7.11970, Safety Code for IBR approved for 1926.959(a).
(g) The following material is available the Use, Care, and Protection of (3) ASTM D561969, Standard
for purchase from the American Abrasive Wheels, IBR approved for Method of Test for Flash Point by the
Conference of Governmental Industrial 1926.57(g), 1926.303(b), 1926.303(c), Tag Closed Tester, IBR approved for
Hygienists (ACGIH), 1330 Kemper and 1926.303(d). 1926.155(i).
Meadow Drive, Cincinnati, OH 45240; (15) ANSI B20.11957, Safety Code (4) ASTM D931969, Standard
telephone: 5137426163; fax: 513 for Conveyors, Cableways, and Related Method of Test for Flash Point by the
Pensky Martens Closed Tester, IBR Institution (BSI), 389 Chiswick High of Electric Blasting Caps, Mar. 1968, IBR
approved for 1926.155(i). Road, London, W4 4AL, United approved for 1926.900(k).
(5) ASTM D3231958 (R1968), Kingdom; telephone: +44 20 8996 9001; (x) The following material is available
Standard Method of Test for Vapor fax: +44 20 8996 7001; e-mail: for purchase from the International
Pressure of Petroleum Products (Reid cservices@bsigroup.com; Web site: Organization for Standardization (ISO),
Method), IBR approved for http://www.bsigroup.com/: 1, ch. de la Voie-Creuse, Case postale
1926.155(m). (1) BS EN 13000:2004, Cranes 56, CH1211 Geneva 20, Switzerland;
(k) The following material is available Mobile Cranes, published Jan. 4, 2006 telephone: +41 22 749 01 11; fax: +41 22
for purchase from the American Society (BS EN 13000:2004), IBR approved for 733 34 30; Web site: http://
of Agricultural and Biological Engineers 1926.1433(c). www.iso.org/:
(ASABE), 2950 Niles Road, St. Joseph, (2) BS EN 14439:2006, Cranes (1) ISO 116601:2008(E), Cranes
MI 49085; telephone: 2694290300; SafetyTower Cranes, published Jan. Access, guards and restraintsPart 1:
fax: 2694293852; e-mail: 31, 2007 (BS EN 14439:2006), IBR General, 2d ed., Feb. 15, 2008 (ISO
hq@asabe.org; Web site: http:// approved for 1926.1433(c). 116601:2008(E)), IBR approved for
www.asabe.org/: (o) The following material is available 1926.1423(c).
(1) ASAE R313.11971, Soil Cone for purchase from the Bureau of (2) ISO 116602:1994(E), Cranes
Penetrometer, reaffirmed 1975, IBR Reclamation, United States Department Access, guards and restraintsPart 2:
approved for 1926.1002(e). of the Interior, 1849 C Street, NW., Mobile cranes, 1994 (ISO 11660
(l) The following material is available Washington DC 20240; telephone: 202 2:1994(E)), IBR approved for
for purchase from the American Society 2084501; Web site: http:// 1926.1423(c).
of Mechanical Engineers (ASME), Three www.usbr.gov/: (3) ISO 116603:2008(E), Cranes
Park Avenue, New York, NY 10016; (1) Safety and Health Regulations for Access, guards and restraintsPart 3:
telephone: 18008432763; fax: 973 Construction, Part II, Sept. 1971, IBR Tower cranes, 2d ed., Feb. 15, 2008
8821717; e-mail: infocentral@asme.org; approved for 1926.1000(f). (ISO 116603:2008(E)), IBR approved
Web site: http://www.asme.org/: (p) The following material is available for 1926.1423(c).
(1) ASME B30.22005, Overhead and for purchase from the California (y) The following material is available
Gantry Cranes (Top Running Bridge, Department of Industrial Relations, 455 for purchase from the National Fire
Single or Multiple Girder, Top Running Golden Gate Avenue, San Francisco CA Protection Association (NFPA), 1
Trolley Hoist), issued Dec. 30, 2005 94102; telephone: (415) 7035070; e- Batterymarch Park, Quincy, MA 02169;
(ASME B30.22005), IBR approved for mail: info@dir.ca.gov; Web site: http:// telephone: 6177703000; fax: 617
1926.1438(b). www.dir.ca.gov/: 7700700; Web site: http://
(2) ASME B30.52004, Mobile and (1) Construction Safety Orders, IBR www.nfpa.org/:
Locomotive Cranes, issued Sept. 27, approved for 1926.1000(f). (1) NFPA 10A1970, Maintenance
(q) [Reserved.]
2004 (ASME B30.52004), IBR and Use of Portable Fire Extinguishers,
(r) [Reserved.]
approved for 1926.1414(b); (s) [Reserved.] IBR approved for 1926.150(c).
1926.1414(e); 1926.1433(b). (t) [Reserved.] (2) NFPA 131969, Standard for the
(3) ASME B30.72001, Base-Mounted (u) The following material is available Installation of Sprinkler Systems, IBR
Drum Hoists, issued Jan. 21, 2002 for purchase from the Federal Highway approved for 1926.152(d).
(ASME B30.72001), IBR approved for Administration, United States (3) NFPA 301969, The Flammable
1926.1436(e). Department of Transportation, 1200 and Combustible Liquids Code, IBR
(4) ASME B30.142004, Side Boom New Jersey Ave., SE., Washington, DC approved for 1926.152(c).
Tractors, issued Sept. 20, 2004 (ASME 20590; telephone: 2023664000; Web (4) NFPA 801970, Standard for Fire
B30.142004), IBR approved for site: http://www.fhwa.dot.gov/: Doors and Windows, Class E or F
1926.1440(c). (1) Manual on Uniform Traffic Control Openings, IBR approved for
(5) ASME Boiler and Pressure Vessel Devices, Millennium Edition, Dec. 2000, 1926.152(b).
Code, Section VIII, 1968, IBR approved IBR approved for 1926.200(g), (5) NFPA 2511969, Standard
for 1926.152(i), 1926.306(a), and 1926.201(a), and 1926.202. Methods of Fire Test of Building
1926.603(a). (v) The following material is available Construction and Material, IBR
(6) ASME Power Boilers, Section I, for purchase from the General Services approved for 1926.152(b) and
1968, IBR approved for 1926.603(a). Administration (GSA), 1800 F Street, 1926.155(f).
(m) The following material is NW., Washington, DC 20405; telephone: (6) NFPA 3851966, Standard for
available for purchase from the (202) 5010800; Web site: http:// Tank Vehicles for Flammable and
American Welding Society (AWS), 550 www.gsa.gov/: Combustible Liquids, IBR approved for
N.W. LeJeune Road, Miami, Florida (1) QQP416, Federal Specification 1926.152(g).
33126; telephone: 18004439353; Plating Cadmium (Electrodeposited), (z) [Reserved.]
Web site: http://www.aws.org/: IBR approved for 1926.104(e). (aa) The following material is
(1) AWS D1.1/D1.1M:2002, Structural (w) The following material is available for purchase from the Power
Welding CodeSteel, 18th ed., ANSI available for purchase from the Institute Crane and Shovel Association (PCSA),
approved Aug. 31, 2001 (AWS D1.1/ of Makers of Explosives (IME), 1120 6737 W. Washington Street, Suite 2400,
D1.1M:2002), IBR approved for 19th Street, NW., Suite 310, Milwaukee, WI 53214; telephone: 1
1926.1436(c). Washington, DC 20036; telephone: 202 8003692310; fax: 4142721170; Web
(2) ANSI/AWS D14.394, 4299280; fax: 2024299280; e-mail: site: http://www.aem.org/CBC/

Specification for Welding Earthmoving info@ime.org; Web site: http:// ProdSpec/PCSA/:
and Construction Equipment, ANSI www.ime.org/: (1) PCSA Std. No. 1, Mobile Crane
approved Jun. 11, 1993 (ANSI/AWS (1) IME Pub. No. 2, American Table of and Excavator Standards, 1968, IBR
D14.394), IBR approved for Distances for Storage of Explosives, Jun. approved for 1926.602(b).
1926.1436(c). 5, 1964, IBR approved for 1926.914(a). (2) PCSA Std. No. 2, Mobile Hydraulic
(n) The following material is available (2) IME Pub. No. 20, Radio Frequency Crane Standards, 1968 (PCSA Std. No.
for purchase from the British Standards EnergyA Potential Hazard in the Use 2 (1968)), IBR approved for
1926.602(b), 1926.1433(a), and Operators of Construction and Industrial 1926.31 [Reserved.]

1926.1501(a). Machinery, IBR approved for 4. Section 1926.31 is removed and
(3) PCSA Std. No. 3, Mobile Hydraulic 1926.1001(f). reserved.
Excavator Standards, 1969, IBR (16) SAE J743a1964, Tractor
approved for 1926.602(b). Mounted Side Boom, 1964 (SAE J743a Subpart LScaffolds
(bb) [Reserved.] 1964), IBR approved for 1926.1501(a).
(cc) [Reserved.] (17) SAE J9591966, Lifting Crane 5. The authority citation for subpart L
(dd) The following material is Wire-Rope Strength Factors, 1966 (SAE of 29 CFR part 1926 is revised to read
available for purchase from the Society J9591966), IBR approved for as follows:
of Automotive Engineers (SAE), 400 1926.1501(a). Authority: Section 107, Contract Work
Commonwealth Drive, Warrendale, PA (18) SAE J987 (rev. Jun. 2003), Lattice Hours and Safety Standards Act
15096; telephone: 18776067323; fax: Boom CranesMethod of Test, revised (Construction Safety Act)(40 U.S.C. 333);
7247760790; Web site: http:// Jun. 2003 (SAE J987 (Jun. 2003)), IBR Secs. 4, 6, 8, Occupational Safety and Health
www.sae.org/: approved for 1926.1433(c). Act of 1970 (29 U.S.C. 653, 655, 657);
(1) SAE 1970 Handbook, IBR (19) SAE J1063 (rev. Nov. 1993), Secretary of Labors Order Nos. 190 (55 FR
approved for 1926.602(b). 9033) and 52007 (72 FR 31159); and 29 CFR
Cantilevered Boom Crane Structures
(2) SAE 1971 Handbook, IBR part 1911.
Method of Test, revised Nov. 1993
approved for 1926.1001(h). (SAE J1063 (Nov. 1993)), IBR 6. Section 1926.450 is amended by
(3) SAE J1661971, Trucks and approved for 1926.1433(c). revising paragraph (a) to read as follows:
Wagons, IBR approved for 1926.602(a). (ee) The following material is
(4) SAE J1681970, Protective available for purchase from the United 1926.450 Scope, application, and
EnclosuresTest Procedures and definitions applicable to this subpart.
States Army Corps of Engineers, 441 G
Performance Requirements, IBR Street, NW., Washington, DC 20314; (a) Scope and application. This
approved for 1926.1002(a). telephone: 2027610011; e-mail: hq- subpart applies to all scaffolds used in
(5) SAE J185 (reaf. May 2003), Access workplaces covered by this part. It does
publicaffairs@usace.army.mil; Web site:
Systems for Off-Road Machines, not apply to crane or derrick suspended
http://www.usace.army.mil/:
reaffirmed May 2003 (SAE J185 (May (1) EM38511, General Safety personnel platforms. The criteria for
1993)), IBR approved for Requirements, Mar. 1967, IBR approved aerial lifts are set out exclusively in
1926.1423(c). for 1926.1000(f). 1926.453.
(6) SAE J2361971, Self-Propelled (ff) The following material is available * * * * *
Graders, IBR approved for 1926.602(a). for purchase from standards resellers
(7) SAE J2371971, Front End Loaders Subpart MFall Protection
such as the Document Center Inc., 111
and Dozers, IBR approved for
Industrial Road, Suite 9, Belmont, CA 7. The authority citation for subpart M
126.602(a).
(8) SAE J319b1971, Self-Propelled 94002; telephone: 6505917600; fax: of 29 CFR part 1926 is revised to read
Scrapers, IBR approved for 6505917617; e-mail: info@document- as follows:
1926.602(a). center.com; Web site: http://
www.document-center.com/: Authority: Section 3704 of the Contract
(9) SAE J320a1971, Minimum Work Hours and Safety Standards Act
Performance Criteria for Roll-Over (1) ANSI B15.11953 (R1958), Safety
(Construction Safety Act) (40 U.S.C. 3701);
Protective Structure for Rubber-Tired, Code for Mechanical Power- Sections 4, 6 and 8 of the Occupational
Self-Propelled Scrapers, IBR approved Transmission Apparatus, revised 1958, Safety and Health Act of 1970 (29 U.S.C. 653,
for 1926.1001(h). IBR approved for 1926.300(b)(2) and 655, 657); Secretary of Labors Order Nos. 1
(10) SAE J321a1970, Fenders for 1926.1501(a). 90 (55 FR 9033), 696 (62 FR 111), 32000
Pneumatic-Tired Earthmoving Haulage (2) ANSI B30.2.01967, Safety Code (65 FR 50017), and 52007 (72 FR 31159);
for Overhead and Gantry Cranes, and 29 CFR part 1911.
Equipment, IBR approved for
1926.602(a). approved May 4, 1967, IBR approved for 8. Section 1926.500 is amended by
(11) SAE J333a1970, Operator 1926.1501(d). revising paragraph (a)(2)(ii), adding
Protection for Agricultural and Light (3) ANSI B30.51968, Crawler, paragraph (a)(3)(v), and revising
Industrial Tractors, IBR approved for Locomotive, and Truck Cranes, paragraph (a)(4), to read as follows:
1926.602(a). approved Dec. 16, 1968, IBR approved
(11) SAE J3861969, Seat Belts for for 1926.1433(a), 1926.1501(a), and 1926.500 Scope, application, and
1926.1501(b). definitions applicable to this subpart.
Construction Equipment, IBR approved
for 1926.602(a). (4) ANSI B30.61969, Safety Code for (a) * * *
(12) SAE J3941971, Minimum Derricks, approved Dec. 18, 1967, IBR (2) * * *
Performance Criteria for Roll-Over approved for 1926.1501(e). (ii) Requirements relating to fall
Protective Structure for Rubber-Tired protection for employees working on
Subpart CGeneral Safety and Health cranes and derricks are provided in
Front End Loaders and Robber-Tired
Provisions subpart CC of this part.
Dozers, IBR approved for
1926.1001(h). * * * * *
3. The authority citation for subpart C (3) * * *
(13) SAE J3951971, Minimum of 29 CFR part 1926 is retained as
Performance Criteria for Roll-Over (v) Criteria for steps, handholds,
follows: ladders, and grabrails/guardrails/
Protective Structure for Crawler Tractors
Authority: Sec. 3704, Contract Work railings required by subpart CC are
and Crawler-Type Loaders, IBR

Hours and Safety Standards Act (40 U.S.C. provided in subpart CC. Sections
approved for 1926.1001(h). 333); secs. 4, 6, and 8, Occupational Safety
(14) SAE J3961971, Minimum 1926.502(a), (c) through (e), and (i)
and Health Act of 1970 (29 U.S.C. 653, 655, apply to activities covered under
Performance Criteria for Roll-Over 657); Secretary of Labors Order No. 1271
Protective Structure for Motor Graders, subpart CC unless otherwise stated in
(36 FR 8754), 876 (41 FR 25059), 983 (48
IBR approved for 1926.1001(h). FR 35736), 696 (62 FR 111), or 52007 (72 subpart CC. No other paragraphs of
(15) SAE J3971969, Critical Zone FR 31160) as applicable; and 29 CFR part 1926.502 apply to subpart CC.
Characteristics and Dimensions for 1911. * * * * *
(4) Section 1926.503 sets forth conjunction with derricks. Base- if such device is required by law or
requirements for training in the mounted drum hoists used in regulation;
installation and use of fall protection conjunction with derricks must conform (vi) Any overhead wire shall be
systems, except in relation to steel to 1926.1436(e). considered to be an energized line
erection activities and the use of unless and until the person owning
equipment covered by subpart CC. Subpart OMotorized Vehicles,
such line or the electrical utility
Mechanical Equipment, and Marine
authorities indicate that it is not an
Subpart DDCranes and Derricks Operations
energized line and it has been visibly
Used in Demolition and Underground
15. The authority citation for subpart grounded;
Construction
O of 29 CFR part 1926 is revised to read (vii) Prior to work near transmitter
9. New subpart DD, consisting of as follows: towers where an electrical charge can be
1926.1500 is added to read as follows: Authority: Section 107, Construction induced in the equipment or materials
Work Hours and Safety Standards Act being handled, the transmitter shall be
Subpart DDCranes and Derricks (Construction Safety Act) (40 U.S.C. 333); de-energized or tests shall be made to
Used in Demolition and Underground Secs. 4, 6, 8, Occupational Safety and Health
determine if electrical charge is induced
Construction Act of 1970 (29 U.S.C. 653, 655, 657);
Secretary of Labors Order No. 1271 (36 FR on the crane. The following precautions
8754), 876 (41 FR 25059), 983 (48 FR shall be taken when necessary to
Authority: Section 3704 of the Contract dissipate induced voltages:
35736), 190 (55 FR 9033), 696 (62 FR 111),
Work Hours and Safety Standards Act (40
or 52007 (72 FR 31159), as applicable. (A) The equipment shall be provided
U.S.C. 3701); Sections 4, 6, and 8 of the
Section 1926.602 also issued under 29 CFR with an electrical ground directly to the
Occupational Safety and Health Act of 1970
part 1911.
(29 U.S.C. 653, 655, 657); Secretary of Labors upper rotating structure supporting the
Order Nos. 1271 (36 FR 8754), 876 (41 FR 16. Section 1926.600 is amended by boom; and
25059), or 983 (49 FR 35736), and 52007 revising paragraph (a)(6) to read as
(72 FR 31159). (B) Ground jumper cables shall be
follows: attached to materials being handled by
1926.1500 Scope. 1926.600 Equipment. boom equipment when electrical charge
This subpart applies only to (a) General Requirements. * * * is induced while working near
employers engaged in demolition work (6) All equipment covered by this energized transmitters. Crews shall be
covered by 1926.856 and 1926.858, subpart shall comply with the following provided with nonconductive poles
and underground construction work requirements when working or being having large alligator clips or other
covered by 1926.800. This subpart moved in the vicinity of power lines or similar protection to attach the ground
applies in lieu of 1926 subpart CC. energized transmitters, except where cable to the load.
electrical distribution and transmission (C) Combustible and flammable
Subpart NCranes, Derricks, Hoists, lines have been deenergized and visibly materials shall be removed from the
Elevators, and Conveyors grounded at point of work or where immediate area prior to operations.
10. The authority citation for subpart insulating barriers, not a part of or an
attachment to the equipment or Subpart RSteel Erection
N of 29 CFR part 1926 is revised to read
as follows: machinery, have been erected to prevent
physical contact with the lines: 17. The authority citation for subpart
Authority: Section 3704 of the Contract (i) For lines rated 50 kV or below, R of 29 CFR part 1926 is revised to read
minimum clearance between the lines as follows:
U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 and any part of the crane or load shall Authority: Section 3704 of the Contract
(29 U.S.C. 653, 655, 657); Secretary of Labors be 10 feet; Work Hours and Safety Standards Act (40
Order Nos. 1271 (36 FR 8754), 876 (41 FR (ii) For lines rated over 50 kV, U.S.C. 3701); Sections 4, 6, and 8 of the
25059), or 983 (49 FR 35736), and 52007 minimum clearance between the lines Occupational Safety and Health Act of 1970
(72 FR 31159). and any part of the crane or load shall (29 U.S.C. 653, 655, 657); Secretary of Labors
be 10 feet plus 0.4 inch for each 1 kV Order Nos. 32000 (65 FR 50017), 52002 (67
11. The heading to subpart N of 29 over 50 kV, or twice the length of the FR 65008), and 52007 (72 FR 31159); and
CFR part 1926 is revised to read as line insulator, but never less than 10 29 CFR part 1911.
follows: feet;
(iii) In transit with no load and boom 18. Section 1926.753 is amended by
Subpart NHelicopters, Hoists, revising paragraphs (a) and (c)(4) to read
lowered, the equipment clearance shall
Elevators, and Conveyors as follows:
be a minimum of 4 feet for voltages less
* * * * * than 50 kV, and 10 feet for voltages over 1926.753 Hoisting and rigging.
50 kV, up to and including 345 kV, and
1926.550 [Redesignated as 1926.1501] 16 feet for voltages up to and including (a) All the provisions of subpart CC
12. Section 1926.550 is redesignated 750 kV; apply to hoisting and rigging with the
as 1926.1501 in subpart DD. (iv) A person shall be designated to exception of 1926.1431(a).
observe clearance of the equipment and * * * * *
1926.550 [Reserved] give timely warning for all operations (c) * * *
13. Section 1926.550 is reserved. where it is difficult for the operator to

maintain the desired clearance by visual (4) Cranes or derricks may be used to
14. Section 1926.553 is amended by
means; hoist employees on a personnel
adding paragraph (c) to read as follows:
(v) Cage-type boom guards, insulating platform when work under this subpart
1926.553 Base-mounted drum hoists. links, or proximity warning devices may is being conducted, provided that all
* * * * * be used on cranes, but the use of such provisions of 1926.1431 (except for
(c) This section does not apply to devices shall not alter the requirements 1926.1431(a)) are met.
base-mounted drum hoists used in of any other regulation of this part even * * * * *
Subpart SUnderground Subpart VPower Transmission and decorating), and demolition workplaces
Construction, Caissons, Cofferdams, Distribution covered under 29 CFR part 1926, and
and Compressed Air also sets forth, in specified
24. The authority citation for subpart circumstances, when ladders and
19. The authority citation for subpart V of part 1926 is revised to read as stairways are required to be provided.
S of 29 CFR part 1926 is revised to read follows: Additional requirements for ladders
as follows: Authority: Section 3704 of the Contract used on or with scaffolds are contained
Authority: Sec. 107, Contract Work Hours Work Hours and Safety Standards Act (40 in subpart LScaffolds. This subpart
and Safety Standards Act (40 U.S.C. 333); U.S.C. 3701); Secs. 4, 6, and 8 of the does not apply to integral components
secs. 4, 6, and 8 of the Occupational Safety Occupational Safety and Health Act of 1970 of equipment covered by subpart CC.
and Health Act of 1970 (29 U.S.C. 653, 655, (29 U.S.C. 653, 655, 657); Secretary of Labors Subpart CC exclusively sets forth the
657); Secretary of Labors Orders 1271 (36 Order Nos. 1271 (36 FR 8754); 876 (41 FR circumstances when ladders and
FR 8754), 876 (41 FR 25059), 983 (48 FR 25059); 983 (48 FR 35736, 190 (55 FR
9033), and 52007 (72 FR 31159). Section
stairways must be provided on
35736), 190 (55 FR 9033), 696 (62 FR 111),
1926.951 also issued under 29 CFR part 1911. equipment covered by subpart CC.
or 52007 (72 FR 31159) as applicable.
* * * * *
20. Section 1926.800 is amended by 25. Section 1926.952 is amended by
revising paragraph (t) to read as follows: revising paragraph (c) to read as follows: Appendix A to Part 1926Designations
for General Industry Standards
1926.800 Underground construction. 1926.952 Mechanical equipment. Incorporated into Body of Construction
* * * * * * * * * * Standards
(t) Hoisting unique to underground (c) Cranes and other lifting
construction. Employers must comply equipment. 28. Appendix A to part 1926 is
with 1926.1501(g) of 1926 subpart (1) All equipment shall comply with amended by removing the row
DD. Except as modified by this subparts CC and O of this part, as containing 1926.550(a)(19) and
paragraph (t), the following provisions applicable. 1910.184(c)(9) from the table 1926
of subpart N of this part apply: (2) Digger derricks used for augering DESIGNATIONS FOR APPLICABLE
Requirements for material hoists are holes for poles carrying electric lines, 1910 STANDARDS.
found in 1926.552(a) and (b) of this placing and removing poles, or for
handling associated materials to be Subparts AA and BB[Reserved]
part. Requirements for personnel hoists
are found in the personnel hoists installed or removed from the poles
must comply with 29 CFR 1910.269. 29. Subparts AA and BB are reserved
requirements of 1926.552(a) and (c)
(3) With the exception of equipment and subpart CC is added to read as
of this part and in the elevator
certified for work on the proper voltage, follows:
requirement of 1926.552(a) and (d) of
this part. mechanical equipment shall not be Subpart CCCranes and Derricks in
operated closer to any energized line or Construction
* * * * *
equipment than the clearances set forth Sec.
Subpart TDemolition in 1926.950(c) unless, in addition to 1926.1400 Scope.
the requirements in 1926.1410: 1926.1401 Definitions.
21. The authority citation for subpart (i) The mechanical equipment is 1926.1402 Ground conditions.
S of 29 CFR part 1926 is revised to read insulated, or 1926.1403 Assembly/Disassembly
as follows: (ii) The mechanical equipment is selection of manufacturer or employer
considered as energized. procedures.
Authority: Sec. 107, Contract Work Hours 1926.1404 Assembly/Disassemblygeneral
Note to paragraph (c)(3): In accordance
and Safety Standards Act (40 U.S.C. 333); requirements (applies to all assembly
with 29 CFR 1926.1400(g), compliance with
secs. 4, 6, and 8 of the Occupational Safety and disassembly operations).
29 CFR 1910.269(p) will be deemed
and Health Act of 1970 (29 U.S.C. 653, 655, 1926.1405 Disassemblyadditional
compliance with 1926.1407 through
657); Secretary of Labors Orders 1271 (36 requirements for dismantling of booms
1926.1411, including 1926.1410.
FR 8754), 876 (41 FR 25059), 983 (48 FR and jibs (applies to both the use of
35736), 190 (55 FR 9033), 696 (62 FR 111), manufacturer procedures and employer
Subpart XStairways and Ladders
or 52007 (72 FR 31159) as applicable. procedures).
22. Section 1926.856 is amended by 26. The authority citation for subpart 1926.1406 Assembly/Disassembly
X of 29 CFR part 1926 is amended by employer proceduresgeneral
revising paragraph (c) to read as follows: requirements.
revising paragraph (a) to read as follows:
1926.856 Removal of walls, floors, and 1926.1407 Power line safety (up to 350
Authority: Section 107, Contract Work kV)assembly and disassembly.
material with equipment.
Hours and Safety Standards Act 1926.1408 Power line safety (up to 350
* * * * * (Construction Safety Act](40 U.S.C. 333); kV)equipment operations.
(c) Mechanical equipment used shall Secs. 4, 6, 8, Occupational Safety and Health 1926.1409 Power line safety (over 350 kV).
meet the requirements specified in Act of 1970 (29 U.S.C. 653, 655, 657); 1926.1410 Power line safety (all voltages)
subparts N and O and 1926.1501 of Secretary of Labors Order Nos. 190 (55 FR equipment operations closer than the
1926 subpart DD. 9033), 52007 (72 FR 31159); and 29 CFR Table A zone.
part 1911. 1926.1411 Power line safetywhile
23. Section 1926.858 is amended by
traveling.
revising paragraph (b) to read as follows: 27. Section 1926.1050 is amended by
1926.1412 Inspections.
revising paragraph (a) to read as follows: 1926.1413 Wire ropeinspection.

1926.858 Removal of walls, floors, and
material with equipment. 1926.1050 Scope, application, and 1926.1414 Wire ropeselection and
definitions applicable to this subpart. installation criteria.
* * * * * 1926.1415 Safety devices.
(b) Cranes, derricks, and other (a) Scope and application. This 1926.1416 Operational aids.
hoisting equipment used shall meet the subpart applies to all stairways and 1926.1417 Operation.
requirements specified in 1926.1501 of ladders used in construction, alteration, 1926.1418 Authority to stop operation.
1926 subpart DD. repair (including painting and 1926.1419 Signalsgeneral requirements.
1926.1420 Signalsradio, telephone or hammerhead boom), luffing boom and (13) Tree trimming and tree removal
other electronic transmission of signals. self-erecting); pedestal cranes; portal work.
1926.1421 Signalsvoice signals cranes; overhead and gantry cranes; (14) Anchor handling or dredge-
additional requirements. related operations with a vessel or barge
1926.1422 Signalshand signal chart.
straddle cranes; sideboom cranes;
1926.1423 Fall protection. derricks; and variations of such using an affixed A-frame.
1926.1424 Work area control. equipment. However, items listed in (15) Roustabouts.
1926.1425 Keeping clear of the load. paragraph (c) of this section are (16) Helicopter cranes.
1926.1426 Free fall and controlled load excluded from the scope of this (17) Material Delivery
lowering. standard. (i) Articulating/knuckle-boom truck
1926.1427 Operator qualification and (b) Attachments. This standard cranes that deliver material to a
certification. applies to equipment included in construction site when used to transfer
1926.1428 Signal person qualifications. materials from the truck crane to the
1926.1429 Qualifications of maintenance &
paragraph (a) of this section when used
with attachments. Such attachments, ground, without arranging the materials
repair employees.
1926.1430 Training. whether crane-attached or suspended in a particular sequence for hoisting.
1926.1431 Hoisting personnel. include, but are not limited to: Hooks, (ii) Articulating/knuckle-boom truck
1926.1432 Multiple-crane/derrick lifts magnets, grapples, clamshell buckets, cranes that deliver material to a
supplemental requirements. orange peel buckets, concrete buckets, construction site when the crane is used
1926.1433 Design, construction and testing. drag lines, personnel platforms, augers to transfer building supply sheet goods
1926.1434 Equipment modifications. or building supply packaged materials
1926.1435 Tower cranes.
or drills and pile driving equipment.
(c) Exclusions. This subpart does not from the truck crane onto a structure,
1926.1436 Derricks. using a fork/cradle at the end of the
1926.1437 Floating cranes/derricks and cover:
land cranes/derricks on barges. (1) Machinery included in paragraph boom, but only when the truck crane is
1926.1438 Overhead & gantry cranes. (a) of this section while it has been equipped with a properly functioning
1926.1439 Dedicated pile drivers. converted or adapted for a non-hoisting/ automatic overload prevention device.
1926.1440 Sideboom cranes. lifting use. Such conversions/ Such sheet goods or packaged materials
1926.1441 Equipment with a rated hoisting/ adaptations include, but are not limited include, but are not limited to: Sheets of
lifting capacity of 2,000 pounds or less. to, power shovels, excavators and sheet rock, sheets of plywood, bags of
1926.1442 Severability. cement, sheets or packages of roofing
concrete pumps.
Appendix A to Subpart CC of part 1926 (2) Power shovels, excavators, wheel shingles, and rolls of roofing felt.
Standard Hand Signals (iii) This exclusion does not apply
Appendix B to Subpart CC of part 1926 loaders, backhoes, loader backhoes,
track loaders. This machinery is also when:
Assembly/DisassemblySample
Procedures for Minimizing the Risk of excluded when used with chains, slings (A) The articulating/knuckle-boom
Unintended Dangerous Boom Movement or other rigging to lift suspended loads. crane is used to hold, support or
Appendix C to Subpart CC of part 1926 (3) Automotive wreckers and tow stabilize the material to facilitate a
Operator CertificationWritten trucks when used to clear wrecks and construction activity, such as holding
ExaminationTechnical Knowledge haul vehicles. material in place while it is attached to
Criteria (4) Digger derricks when used for the structure;
augering holes for poles carrying electric (B) The material being handled by the
Subpart CCCranes and Derricks in articulating/knuckle-boom crane is a
and telecommunication lines, placing
Construction prefabricated component. Such
and removing the poles, and for
handling associated materials to be prefabricated components include, but
Authority: Section 3704 of the Contract are not limited to: Precast concrete
installed on or removed from the poles.
Digger derricks used in work subject to members or panels, roof trusses
U.S.C. 3701); sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 29 CFR part 1926, subpart V, must (wooden, cold-formed metal, steel, or
(29 U.S.C. 653, 655, 657); Secretary of Labors comply with 29 CFR 1910.269. Digger other material), prefabricated building
Order No. 52007 (72 FR 31159); and 29 CFR derricks used in construction work for sections such as, but not limited to:
part 1911. telecommunication service (as defined Floor panels, wall panels, roof panels,
at 29 CFR 1910.268(s)(40)) must comply roof structures, or similar items;
1926.1400 Scope. (C) The material being handled by the
with 29 CFR 1910.268.
(a) This standard applies to power- (5) Machinery originally designed as crane is a structural steel member (for
operated equipment, when used in vehicle-mounted aerial devices (for example, steel joists, beams, columns,
construction, that can hoist, lower and lifting personnel) and self-propelled steel decking (bundled or unbundled) or
horizontally move a suspended load. elevating work platforms. a component of a systems-engineered
Such equipment includes, but is not (6) Telescopic/hydraulic gantry metal building (as defined in 29 CFR
limited to: Articulating cranes (such as systems. 1926 subpart R).
knuckle-boom cranes); crawler cranes; (7) Stacker cranes. (D) The activity is not specifically
floating cranes; cranes on barges; (8) Powered industrial trucks excluded under 1400(c)(17)(i) and (ii).
locomotive cranes; mobile cranes (such (forklifts), except when configured to (d) All sections of this subpart CC
as wheel-mounted, rough-terrain, all- hoist and lower (by means of a winch apply to the equipment covered by this
terrain, commercial truck-mounted, and or hook) and horizontally move a standard unless specified otherwise.
boom truck cranes); multi-purpose suspended load. (e) The duties of controlling entities
machines when configured to hoist and
(9) Mechanics truck with a hoisting under this subpart include, but are not
lower (by means of a winch or hook) device when used in activities related to limited to, the duties specified in
and horizontally move a suspended equipment maintenance and repair. 1926.1402(c), 1926.1402(e) and
load; industrial cranes (such as carry- (10) Machinery that hoists by using a 1926.1424(b).
deck cranes); dedicated pile drivers; come-a-long or chainfall. (f) Where provisions of this standard
service/mechanic trucks with a hoisting (11) Dedicated drilling rigs. direct an operator, crewmember, or
device; a crane on a monorail; tower (12) Gin poles when used for the other employee to take certain actions,
cranes (such as a fixed jib, i.e., erection of communication towers. the employer must establish, effectively
communicate to the relevant persons, designed to support one employee in a tower sections to the top of the crane
and enforce, work rules to ensure sitting position. (top climbing), or by a system in which
compliance with such provisions. Bogie means travel bogie, which is the entire crane is raised inside the
(g) For work covered by subpart V of defined below. structure (inside climbing).
this part, compliance with 29 CFR Boom (equipment other than tower Come-a-long means a mechanical
1910.269(p) is deemed compliance crane) means an inclined spar, strut, or device typically consisting of a chain or
with 1926.1407 through 1926.1411. other long structural member which cable attached at each end that is used
(h) Section 1926.1402 does not apply supports the upper hoisting tackle on a to facilitate movement of materials
to cranes designed for use on railroad crane or derrick. Typically, the length through leverage.
tracks, when used on railroad tracks that and vertical angle of the boom can be Competent person means one who is
are part of the general railroad system of varied to achieve increased height or capable of identifying existing and
transportation that is regulated pursuant height and reach when lifting loads. predictable hazards in the surroundings
to the Federal Railroad Administration Booms can usually be grouped into or working conditions which are
under 49 CFR part 213, and that comply general categories of hydraulically unsanitary, hazardous, or dangerous to
with applicable Federal Railroad extendible, cantilevered type, latticed employees, and who has authorization
Administration requirements. See section, cable supported type or to take prompt corrective measures to
1926.1402(f). articulating type. eliminate them.
Boom (tower cranes): On tower Controlled load lowering means
1926.1401 Definitions. cranes, if the boom (i.e., principal lowering a load by means of a
A/D director (Assembly/Disassembly horizontal structure) is fixed, it is mechanical hoist drum device that
director) means an individual who referred to as a jib; if it is moveable up allows a hoisted load to be lowered with
meets this subparts requirements for an and down, it is referred to as a boom. maximum control using the gear train or
A/D director, irrespective of the Boom angle indicator means a device hydraulic components of the hoist
persons formal job title or whether the which measures the angle of the boom mechanism. Controlled load lowering
person is non-management or relative to horizontal. requires the use of the hoist drive motor,
management personnel. Boom hoist limiting device includes rather than the load hoist brake, to
Articulating crane means a crane boom hoist disengaging device, boom lower the load.
whose boom consists of a series of hoist shut-off, boom hoist disconnect, Controlling entity means an employer
folding, pin connected structural boom hoist hydraulic relief, boom hoist that is a prime contractor, general
members, typically manipulated to kick-outs, automatic boom stop device, contractor, construction manager or any
extend or retract by power from or derricking limiter. This type of device other legal entity which has the overall
hydraulic cylinders. disengages boom hoist power when the responsibility for the construction of the
Assembly/Disassembly means the boom reaches a predetermined projectits planning, quality and
assembly and/or disassembly of operating angle. It also sets brakes or completion.
equipment covered under this standard. closes valves to prevent the boom from Counterweight means a weight used to
With regard to tower cranes, erecting lowering after power is disengaged. supplement the weight of equipment in
and climbing replaces the term Boom length indicator indicates the providing stability for lifting loads by
assembly, and dismantling replaces length of the permanent part of the counterbalancing those loads.
the term disassembly. Regardless of boom (such as ruled markings on the Crane/derrick includes all equipment
whether the crane is initially erected to boom) or, as in some computerized covered by this subpart.
its full height or is climbed in stages, the systems, the length of the boom with Crawler crane means equipment that
process of increasing the height of the extensions/attachments. has a type of base mounting which
crane is an erection process. Boom stop includes boom stops, incorporates a continuous belt of
Assist crane means a crane used to (belly straps with struts/standoff), sprocket driven track.
assist in assembling or disassembling a telescoping boom stops, attachment Crossover points means locations on a
crane. boom stops, and backstops. These wire rope which is spooled on a drum
Attachments means any device that devices restrict the boom from moving where one layer of rope climbs up on
expands the range of tasks that can be above a certain maximum angle and and crosses over the previous layer.
done by the equipment. Examples toppling over backward. This takes place at each flange of the
include, but are not limited to: An Boom suspension system means a drum as the rope is spooled onto the
auger, drill, magnet, pile-driver, and system of pendants, running ropes, drum, reaches the flange, and begins to
boom-attached personnel platform. sheaves, and other hardware which wrap back in the opposite direction.
Audible signal means a signal made supports the boom tip and controls the Dedicated channel means a line of
by a distinct sound or series of sounds. boom angle. communication assigned by the
Examples include, but are not limited Builder means the builder/constructor employer who controls the
to, sounds made by a bell, horn, or of equipment. communication system to only one
whistle. Center of gravity: The center of gravity signal person and crane/derrick or to a
Blocking (also referred to as of any object is the point in the object coordinated group of cranes/derricks/
cribbing) is wood or other material around which its weight is evenly signal person(s).
used to support equipment or a distributed. If you could put a support Dedicated pile-driver is a machine
component and distribute loads to the under that point, you could balance the that is designed to function exclusively
ground. It is typically used to support object on the support. as a pile-driver. These machines
lattice boom sections during assembly/ Certified welder means a welder who typically have the ability to both hoist
disassembly and under outrigger and meets nationally recognized the material that will be pile-driven and
stabilizer floats. certification requirements applicable to to pile-drive that material.
Boatswains chair means a single- the task being performed. Dedicated spotter (power lines): To be
point adjustable suspension scaffold Climbing means the process in which considered a dedicated spotter, the
consisting of a seat or sling (which may a tower crane is raised to a new working requirements of 1926.1428 (Signal
be incorporated into a full body harness) height, either by adding additional person qualifications) must be met and
his/her sole responsibility is to watch For example means one example, equipment functions which can increase
the separation between the power line although there are others. the severity of loading on the
and the equipment, load line and load Free fall (of the load line) means that equipment, e.g., hoisting, telescoping
(including rigging and lifting only the brake is used to regulate the out, or luffing out. Typically, those
accessories), and ensure through descent of the load line (the drive functions which decrease the severity of
communication with the operator that mechanism is not used to drive the load loading on the equipment remain
the applicable minimum approach down faster or retard its lowering). operational, e.g., lowering, telescoping
distance is not breached. Free surface effect is the uncontrolled in, or luffing in.
Directly under the load means a part transverse movement of liquids in Locomotive crane means a crane
or all of an employee is directly beneath compartments which reduce a vessels mounted on a base or car equipped for
the load. transverse stability. travel on a railroad track.
Dismantling includes partial Hoist means a mechanical device for Luffing jib limiting device is similar to
dismantling (such as dismantling to lifting and lowering loads by winding a a boom hoist limiting device, except
shorten a boom or substitute a different line onto or off a drum. that it limits the movement of the
component). Hoisting is the act of raising, lowering luffing jib.
Drum rotation indicator means a or otherwise moving a load in the air Marine hoisted personnel transfer
device on a crane or hoist which with equipment covered by this device means a device, such as a
indicates in which direction and at what standard. As used in this standard, transfer net, that is designed to protect
relative speed a particular hoist drum is hoisting can be done by means other the employees being hoisted during a
turning. than wire rope/hoist drum equipment. marine transfer and to facilitate rapid
Electrical contact occurs when a Include/including means including, entry into and exit from the device.
person, object, or equipment makes but not limited to. Such devices do not include
contact or comes in close proximity Insulating link/device means an boatswains chairs when hoisted by
with an energized conductor or insulating device listed, labeled, or equipment covered by this standard.
equipment that allows the passage of accepted by a Nationally Recognized Marine worksite means a construction
current. Testing Laboratory in accordance with worksite located in, on or above the
Employer-made equipment means 29 CFR 1910.7. water.
floating cranes/derricks designed and Jib stop (also referred to as a jib Mobile crane means a lifting device
built by an employer for the employers backstop), is the same type of device as incorporating a cable suspended latticed
own use. a boom stop but is for a fixed or luffing boom or hydraulic telescopic boom
Encroachment is where any part of jib. designed to be moved between
the crane, load line or load (including Land crane/derrick is equipment not operating locations by transport over the
rigging and lifting accessories) breaches originally designed by the manufacturer road.
a minimum clearance distance that this for marine use by permanent attachment Moving point-to-point means the
subpart requires to be maintained from to barges, pontoons, vessels, or other times during which an employee is in
a power line. means of floatation. the process of going to or from a work
Equipment means equipment covered List means the angle of inclination station.
by this subpart. about the longitudinal axis of a barge, Multi-purpose machine means a
Equipment criteria means pontoons, vessel or other means of machine that is designed to be
instructions, recommendations, floatation. configured in various ways, at least one
limitations and specifications. Load refers to the object(s) being of which allows it to hoist (by means of
Fall protection equipment means hoisted and/or the weight of the a winch or hook) and horizontally move
guardrail systems, safety net systems, object(s); both uses refer to the object(s) a suspended load. For example, a
personal fall arrest systems, positioning and the load-attaching equipment, such machine that can rotate and can be
device systems or fall restraint systems. as, the load block, ropes, slings, configured with removable forks/tongs
Fall restraint system means a fall shackles, and any other ancillary (for use as a forklift) or with a winch
protection system that prevents the user attachment. pack, jib (with a hook at the end) or jib
from falling any distance. The system is Load moment (or rated capacity) used in conjunction with a winch.
comprised of either a body belt or body indicator means a system which aids the When configured with the forks/tongs, it
harness, along with an anchorage, equipment operator by sensing (directly is not covered by this subpart. When
connectors and other necessary or indirectly) the overturning moment configured with a winch pack, jib (with
equipment. The other components on the equipment, i.e., load multiplied a hook at the end) or jib used in
typically include a lanyard, and may by radius. It compares this lifting conjunction with a winch, it is covered
also include a lifeline and other devices. condition to the equipments rated by this subpart.
Fall zone means the area (including capacity, and indicates to the operator Nationally recognized accrediting
but not limited to the area directly the percentage of capacity at which the agency is an organization that, due to its
beneath the load) in which it is equipment is working. Lights, bells, or independence and expertise, is widely
reasonably foreseeable that partially or buzzers may be incorporated as a recognized as competent to accredit
completely suspended materials could warning of an approaching overload testing organizations. Examples of such
fall in the event of an accident. condition. accrediting agencies include, but are not
Flange points are points of contact Load moment (or rated capacity) limited to, the National Commission for
limiter means a system which aids the
between rope and drum flange where Certifying Agencies and the American
the rope changes layers. equipment operator by sensing (directly National Standards Institute.
Floating cranes/derricks means or indirectly) the overturning moment Nonconductive means that, because of
equipment designed by the on the equipment, i.e., load multiplied the nature and condition of the
manufacturer (or employer) for marine by radius. It compares this lifting materials used, and the conditions of
use by permanent attachment to a barge, condition to the equipments rated use (including environmental
pontoons, vessel or other means of capacity, and when the rated capacity is conditions and condition of the
flotation. reached, it shuts off power to those material), the object in question has the
property of not becoming energized Qualified evaluator (not a third party) boom or hook can be lifted or lowered
(that is, it has high dielectric properties means a person employed by the signal in a vertical direction only.
offering a high resistance to the passage persons employer who has Special hazard warnings means
of current under the conditions of use). demonstrated that he/she is competent warnings of site-specific hazards (for
Operational aids are devices that in accurately assessing whether example, proximity of power lines).
assist the operator in the safe operation individuals meet the Qualification Stability (flotation device) means the
of the crane by providing information or Requirements in this subpart for a signal tendency of a barge, pontoons, vessel or
automatically taking control of a crane person. other means of flotation to return to an
function. These include, but are not Qualified evaluator (third party) upright position after having been
limited to, the devices listed in means an entity that, due to its inclined by an external force.
1926.1416 (listed operational aids). independence and expertise, has Standard Method means the protocol
Operational controls means levers, demonstrated that it is competent in in Appendix A of this subpart for hand
switches, pedals and other devices for accurately assessing whether signals.
controlling equipment operation. individuals meet the Qualification Such as means such as, but not
Operator means a person who is Requirements in this subpart for a signal limited to.
operating the equipment. person. Superstructure: See Upperworks.
Overhead and gantry cranes includes Qualified person means a person who, Tagline means a rope (usually fiber)
overhead/bridge cranes, semigantry, by possession of a recognized degree, attached to a lifted load for purposes of
cantilever gantry, wall cranes, storage certificate, or professional standing, or controlling load spinning and pendular
bridge cranes, launching gantry cranes, who by extensive knowledge, training motions or used to stabilize a bucket or
and similar equipment, irrespective of and experience, successfully magnet during material handling
whether it travels on tracks, wheels, or demonstrated the ability to solve/ operations.
other means. resolve problems relating to the subject Tender means an individual
Paragraph refers to a paragraph in the matter, the work, or the project. responsible for monitoring and
same section of this subpart that the Qualified rigger is a rigger who meets communicating with a diver.
word paragraph is used, unless the criteria for a qualified person. Tilt up or tilt down operation means
otherwise specified. Range control limit device is a device raising/lowering a load from the
Pendants includes both wire and bar that can be set by an equipment operator horizontal to vertical or vertical to
types. Wire type: A fixed length of wire to limit movement of the boom or jib tip horizontal.
rope with mechanical fittings at both to a plane or multiple planes. Tower crane is a type of lifting
ends for pinning segments of wire rope Range control warning device is a structure which utilizes a vertical mast
together. Bar type: Instead of wire rope, device that can be set by an equipment or tower to support a working boom (jib)
a bar is used. Pendants are typically operator to warn that the boom or jib tip in an elevated position. Loads are
used in a latticed boom crane system to is at a plane or multiple planes. suspended from the working boom.
easily change the length of the boom Rated capacity means the maximum While the working boom may be of the
suspension system without completely working load permitted by the fixed type (horizontal or angled) or have
changing the rope on the drum when manufacturer under specified working luffing capability, it can always rotate to
the boom length is increased or conditions. Such working conditions swing loads, either by rotating on the
decreased. typically include a specific combination top of the tower (top slewing) or by the
Personal fall arrest system means a of factors such as equipment rotation of the tower (bottom slewing).
system used to arrest an employee in a configuration, radii, boom length, and The tower base may be fixed in one
fall from a working level. It consists of other parameters of use. location or ballasted and moveable
an anchorage, connectors, a body Rated capacity indicator: See load between locations. Mobile cranes that
harness and may include a lanyard, moment indicator. are configured with luffing jib and/or
deceleration device, lifeline, or suitable Rated capacity limiter: See load tower attachments are not considered
combination of these. moment limiter. tower cranes under this section.
Portal crane is a type of crane Repetitive pickup points refer to, Travel bogie (tower cranes) is an
consisting of a rotating upperstructure, when operating on a short cycle assembly of two or more axles arranged
hoist machinery, and boom mounted on operation, the rope being used on a to permit vertical wheel displacement
top of a structural gantry which may be single layer and being spooled and equalize the loading on the wheels.
fixed in one location or have travel repetitively over a short portion of the Trim means angle of inclination about
capability. The gantry legs or columns drum. the transverse axis of a barge, pontoons,
usually have portal openings in between Running wire rope means a wire rope vessel or other means of floatation.
to allow passage of traffic beneath the that moves over sheaves or drums. Two blocking means a condition in
gantry. Runway means a firm, level surface which a component that is uppermost
Power lines means electric designed, prepared and designated as a on the hoist line such as the load block,
transmission and distribution lines. path of travel for the weight and hook block, overhaul ball, or similar
Procedures include, but are not configuration of the crane being used to component, comes in contact with the
limited to: Instructions, diagrams, lift and travel with the crane suspended boom tip, fixed upper block or similar
recommendations, warnings, platform. An existing surface may be component. This binds the system and
specifications, protocols and used as long as it meets these criteria. continued application of power can
limitations. Section means a section of this cause failure of the hoist rope or other
Proximity alarm is a device that subpart, unless otherwise specified. component.
provides a warning of proximity to a Sideboom crane means a track-type or Unavailable procedures means
power line and that has been listed, wheel-type tractor having a boom procedures that are no longer available
labeled, or accepted by a Nationally mounted on the side of the tractor, used from the manufacturer, or have never
Recognized Testing Laboratory in for lifting, lowering or transporting a been available, from the manufacturer.
accordance with 29 CFR 1910.7. load suspended on the load hook. The Upperstructure: See Upperworks.
Upperworks means the revolving requirements in paragraph (b) of this director must ensure that the crew
frame of equipment on which the section can be met. members understand all of the
operating machinery (and many cases (f) This section does not apply to following:
the engine) are mounted along with the cranes designed for use on railroad (i) Their tasks.
operators cab. The counterweight is tracks when used on railroad tracks that (ii) The hazards associated with their
typically supported on the rear of the are part of the general railroad system of tasks.
upperstructure and the boom or other transportation that is regulated pursuant (iii) The hazardous positions/
front end attachment is mounted on the to the Federal Railroad Administration locations that they need to avoid.
front. under 49 CFR part 213 and that comply (2) During assembly/disassembly
Up to means up to and including. with applicable Federal Railroad operations, before a crew member takes
Wire rope means a flexible rope Administration requirements. on a different task, or when adding new
constructed by laying steel wires into personnel during the operations, the
various patterns of multi-wired strands 1926.1403 Assembly/Disassembly
selection of manufacturer or employer
requirements in paragraphs (d)(1)(i)
around a core system to produce a through (d)(1)(iii) of this section must be
procedures.
helically wound rope. met.
When assembling or disassembling
1926.1402 Ground conditions. (e) Protecting assembly/disassembly
equipment (or attachments), the
crew members out of operator view.
(a) Definitions. employer must comply with all
(1) Ground conditions means the (1) Before a crew member goes to a
applicable manufacturer prohibitions
ability of the ground to support the location that is out of view of the
and must comply with either:
equipment (including slope, operator and is either in, on, or under
(a) Manufacturer procedures
compaction, and firmness). the equipment, or near the equipment
applicable to assembly and disassembly,
(2) Supporting materials means (or load) where the crew member could
or
blocking, mats, cribbing, marsh buggies be injured by movement of the
(b) Employer procedures for assembly
(in marshes/wetlands), or similar equipment (or load), the crew member
and disassembly. Employer procedures
supporting materials or devices. must inform the operator that he/she is
may be used only where the employer
(b) The equipment must not be going to that location.
can demonstrate that the procedures
assembled or used unless ground (2) Where the operator knows that a
used meet the requirements in
conditions are firm, drained, and graded crew member went to a location covered
1926.1406. Note: The employer must
to a sufficient extent so that, in by paragraph (e)(1) of this section, the
follow manufacturer procedures when
conjunction (if necessary) with the use operator must not move any part of the
an employer uses synthetic slings
of supporting materials, the equipment equipment (or load) until the operator is
during assembly or disassembly rigging.
manufacturers specifications for informed in accordance with a pre-
(See 1926.1404(r).)
adequate support and degree of level of arranged system of communication that
the equipment are met. The requirement 1926.1404 Assembly/Disassembly the crew member is in a safe position.
for the ground to be drained does not general requirements (applies to all (f) Working under the boom, jib or
assembly and disassembly operations). other components.
apply to marshes/wetlands.
(c) The controlling entity must: (a) Supervisioncompetent-qualified (1) When pins (or similar devices) are
(1) Ensure that ground preparations person. being removed, employees must not be
necessary to meet the requirements in (1) Assembly/disassembly must be under the boom, jib, or other
paragraph (b) of this section are directed by a person who meets the components, except where the
provided. criteria for both a competent person and requirements of paragraph (f)(2) of this
(2) Inform the user of the equipment a qualified person, or by a competent section are met.
and the operator of the location of person who is assisted by one or more (2) Exception. Where the employer
hazards beneath the equipment set-up qualified persons (A/D director). demonstrates that site constraints
area (such as voids, tanks, utilities) if (2) Where the assembly/disassembly require one or more employees to be
those hazards are identified in is being performed by only one person, under the boom, jib, or other
documents (such as site drawings, as- that person must meet the criteria for components when pins (or similar
built drawings, and soil analyses) that both a competent person and a qualified devices) are being removed, the A/D
are in the possession of the controlling person. For purposes of this standard, director must implement procedures
entity (whether at the site or off-site) or that person is considered the A/D that minimize the risk of unintended
the hazards are otherwise known to that director. dangerous movement and minimize the
controlling entity. (b) Knowledge of procedures. The duration and extent of exposure under
(d) If there is no controlling entity for A/D director must understand the the boom. (See Non-mandatory
the project, the requirement in applicable assembly/disassembly Appendix B of this subpart for an
paragraph (c)(1) of this section must be procedures. example.)
met by the employer that has authority (c) Review of procedures. The A/D (g) Capacity limits. During all phases
at the site to make or arrange for ground director must review the applicable of assembly/disassembly, rated capacity
preparations needed to meet paragraph assembly/disassembly procedures limits for loads imposed on the
(b) of this section. immediately prior to the equipment, equipment components
(e) If the A/D director or the operator commencement of assembly/ (including rigging), lifting lugs and
determines that ground conditions do disassembly unless the A/D director equipment accessories, must not be
not meet the requirements in paragraph understands the procedures and has exceeded for the equipment being
(b) of this section, that persons applied them to the same type and assembled/disassembled.
employer must have a discussion with configuration of equipment (including (h) Addressing specific hazards. The
the controlling entity regarding the accessories, if any). A/D director supervising the assembly/
ground preparations that are needed so (d) Crew instructions. disassembly operation must address the
that, with the use of suitable supporting (1) Before commencing assembly/ hazards associated with the operation,
materials/devices (if necessary), the disassembly operations, the A/D which include:
(1) Site and ground bearing is sufficient to prevent boom movement. (1) The outriggers or stabilizers must
conditions. Site and ground conditions If it is not sufficient, a boom hoist pawl, be either fully extended or, if
must be adequate for safe assembly/ other locking device/back-up braking manufacturer procedures permit,
disassembly operations and to support device, or another method of preventing deployed as specified in the load chart.
the equipment during assembly/ dangerous movement of the boom (such (2) The outriggers must be set to
disassembly (see 1926.1402 for ground as blocking or using an assist crane) remove the equipment weight from the
condition requirements). from a boom hoist brake failure must be wheels, except for locomotive cranes
(2) Blocking material. The size, used. (see paragraph (q)(6) of this section for
amount, condition and method of (11) Loss of backward stability. use of outriggers on locomotive cranes).
stacking the blocking must be sufficient Backward stability before swinging the This provision does not apply to
to sustain the loads and maintain upperworks, travel, and when attaching stabilizers.
stability. or removing equipment components. (3) When outrigger floats are used,
(3) Proper location of blocking. When (12) Wind speed and weather. The they must be attached to the outriggers.
used to support lattice booms or effect of wind speed and weather on the When stabilizer floats are used, they
components, blocking must be equipment. must be attached to the stabilizers.
appropriately placed to: (i) [Reserved.] (4) Each outrigger or stabilizer must
(i) Protect the structural integrity of (j) Cantilevered boom sections. be visible to the operator or to a signal
the equipment, and Manufacturer limitations on the person during extension and setting.
(ii) Prevent dangerous movement and maximum amount of boom supported (5) Outrigger and stabilizer blocking
collapse. only by cantilevering must not be must:
(4) Verifying assist crane loads. When exceeded. Where these are unavailable, (i) Meet the requirements in
using an assist crane, the loads that will a registered professional engineer paragraphs (h)(2) and (h)(3) of this
be imposed on the assist crane at each familiar with the type of equipment section.
phase of assembly/disassembly must be involved must determine in writing this (ii) Be placed only under the outrigger
verified in accordance with limitation, which must not be exceeded. or stabilizer float/pad of the jack or,
1926.1417(o)(3) before assembly/ (k) Weight of components. The weight where the outrigger or stabilizer is
disassembly begins. of each of the components must be designed without a jack, under the outer
(5) Boom and jib pick points. The readily available. bearing surface of the extended
point(s) of attachment of rigging to a (l) [Reserved.] outrigger or stabilizer beam.
boom (or boom sections or jib or jib (m) Components and configuration. (6) For locomotive cranes, when using
sections) must be suitable for preventing (1) The selection of components, and outriggers or stabilizers to handle loads,
structural damage and facilitating safe configuration of the equipment, that the manufacturers procedures must be
handling of these components. affect the capacity or safe operation of followed. When lifting loads without
(6) Center of gravity. the equipment must be in accordance using outriggers or stabilizers, the
(i) The center of gravity of the load with: manufacturers procedures must be met
must be identified if that is necessary (i) Manufacturer instructions, regarding truck wedges or screws.
for the method used for maintaining prohibitions, limitations, and (r) Rigging. In addition to following
stability. specifications. Where these are the requirements in 29 CFR 1926.251
(ii) Where there is insufficient unavailable, a registered professional and other requirements in this and other
information to accurately identify the engineer familiar with the type of standards applicable to rigging, when
center of gravity, measures designed to equipment involved must approve, in rigging is used for assembly/
prevent unintended dangerous writing, the selection and configuration disassembly, the employer must ensure
movement resulting from an inaccurate of components; or that:
identification of the center of gravity (ii) Approved modifications that meet (1) The rigging work is done by a
must be used. (See Non-mandatory the requirements of 1926.1434 qualified rigger.
Appendix B of this subpart for an (Equipment modifications). (2) Synthetic slings are protected
example.) (2) Post-assembly inspection. Upon from: Abrasive, sharp or acute edges,
(7) Stability upon pin removal. The completion of assembly, the equipment and configurations that could cause a
boom sections, boom suspension must be inspected to ensure compliance reduction of the slings rated capacity,
systems (such as gantry A-frames and jib with paragraph (m)(1) of this section such as distortion or localized
struts), and components must be rigged (see 1926.1412(c) for post-assembly compression. Note: Requirements for
or supported to maintain stability upon inspection requirements). the protection of wire rope slings are
the removal of the pins. (n) [Reserved.] contained in 29 CFR 1926.251(c)(9).
(8) Snagging. Suspension ropes and (o) Shipping pins. Reusable shipping (3) When synthetic slings are used,
pendants must not be allowed to catch pins, straps, links, and similar the synthetic sling manufacturers
on the boom or jib connection pins or equipment must be removed. Once they instructions, limitations, specifications
cotter pins (including keepers and are removed they must either be stowed and recommendations must be
locking pins). or otherwise stored so that they do not followed.
(9) Struck by counterweights. The present a falling object hazard. 1926.1405 Disassemblyadditional
potential for unintended movement (p) Pile driving. Equipment used for requirements for dismantling of booms and
from inadequately supported pile driving must not have a jib attached jibs (applies to both the use of
counterweights and from hoisting during pile driving operations. manufacturer procedures and employer
counterweights. (q) Outriggers and Stabilizers. When procedures).
(10) Boom hoist brake failure. Each the load to be handled and the operating Dismantling (including dismantling
time reliance is to be placed on the radius require the use of outriggers or for changing the length of) booms and
boom hoist brake to prevent boom stabilizers, or at any time when jibs.
movement during assembly/ outriggers or stabilizers are used, all of (a) None of the pins in the pendants
disassembly, the brake must be tested the following requirements must be met are to be removed (partly or completely)
prior to such reliance to determine if it (except as otherwise indicated): when the pendants are in tension.
(b) None of the pins (top or bottom) (3) Option (3)Table A clearance. operator sufficient warning to prevent
on boom sections located between the (i) Determine the lines voltage and encroachment.
pendant attachment points and the the minimum clearance distance (iv) A device that automatically limits
crane/derrick body are to be removed permitted under Table A (see range of movement, set to prevent
(partly or completely) when the 1926.1408). encroachment.
pendants are in tension. (ii) Determine if any part of the (v) An elevated warning line,
(c) None of the pins (top or bottom) equipment, load line, or load (including barricade, or line of signs, in view of the
on boom sections located between the rigging and lifting accessories), could operator, equipped with flags or similar
uppermost boom section and the crane/ get closer than the minimum clearance high-visibility markings.
derrick body are to be removed (partly distance to the power line permitted (c) Assembly/disassembly below
or completely) when the boom is being under Table A (see 1926.1408). If so, power lines prohibited. No part of a
supported by the uppermost boom then the employer must follow the crane/derrick, load line, or load
section resting on the ground (or other requirements in paragraph (b) of this (including rigging and lifting
support). section to ensure that no part of the accessories), whether partially or fully
(d) None of the top pins on boom equipment, load line, or load (including assembled, is allowed below a power
sections located on the cantilevered rigging and lifting accessories), gets line unless the employer has confirmed
portion of the boom being removed (the closer to the line than the minimum that the utility owner/operator has
portion being removed ahead of the clearance distance. deenergized and (at the worksite) visibly
pendant attachment points) are to be (b) Preventing encroachment/ grounded the power line.
removed (partly or completely) until the electrocution. Where encroachment (d) Assembly/disassembly inside
cantilevered section to be removed is precautions are required under Option Table A clearance prohibited. No part of
fully supported. (2), or Option (3) of this section, all of a crane/derrick, load line, or load
1926.1406 Assembly/Disassembly
the following requirements must be met: (including rigging and lifting
employer proceduresgeneral (1) Conduct a planning meeting with accessories), whether partially or fully
requirements. the Assembly/Disassembly director assembled, is allowed closer than the
(a) When using employer procedures (A/D director), operator, assembly/ minimum approach distance under
instead of manufacturer procedures for disassembly crew and the other workers Table A (see 1926.1408) to a power
assembly/disassembly, the employer who will be in the assembly/ line unless the employer has confirmed
must ensure that the procedures: disassembly area to review the location that the utility owner/operator has
(1) Prevent unintended dangerous of the power line(s) and the steps that deenergized and (at the worksite) visibly
movement, and prevent collapse, of any will be implemented to prevent grounded the power line.
part of the equipment. encroachment/electrocution. (e) Voltage information. Where
(2) Provide adequate support and (2) If tag lines are used, they must be Option (3) of this section is used, the
stability of all parts of the equipment. nonconductive. utility owner/operator of the power
(3) Position employees involved in (3) At least one of the following lines must provide the requested voltage
the assembly/disassembly operation so additional measures must be in place. information within two working days of
that their exposure to unintended The measure selected from this list must the employers request.
movement or collapse of part or all of be effective in preventing (f) Power lines presumed energized.
the equipment is minimized. encroachment. The employer must assume that all
(b) Qualified person. Employer The additional measures are: power lines are energized unless the
procedures must be developed by a (i) Use a dedicated spotter who is in utility owner/operator confirms that the
qualified person. continuous contact with the equipment power line has been and continues to be
operator. The dedicated spotter must: deenergized and visibly grounded at the
1926.1407 Power line safety (up to 350 (A) Be equipped with a visual aid to worksite.
kV)assembly and disassembly. assist in identifying the minimum (g) Posting of electrocution warnings.
(a) Before assembling or clearance distance. Examples of a visual There must be at least one electrocution
disassembling equipment, the employer aid include, but are not limited to: A hazard warning conspicuously posted in
must determine if any part of the clearly visible line painted on the the cab so that it is in view of the
equipment, load line, or load (including ground; a clearly visible line of operator and (except for overhead gantry
rigging and lifting accessories) could stanchions; a set of clearly visible line- and tower cranes) at least two on the
get, in the direction or area of assembly/ of-sight landmarks (such as a fence post outside of the equipment.
disassembly, closer than 20 feet to a behind the dedicated spotter and a
power line during the assembly/ building corner ahead of the dedicated 1926.1408 Power line safety (up to 350
disassembly process. If so, the employer spotter). kV)equipment operations.
must meet the requirements in Option (B) Be positioned to effectively gauge (a) Hazard assessments and
(1), Option (2), or Option (3) of this the clearance distance. precautions inside the work zone.
section, as follows: (C) Where necessary, use equipment Before beginning equipment operations,
(1) Option (1)Deenergize and that enables the dedicated spotter to the employer must:
ground. Confirm from the utility owner/ communicate directly with the operator. (1) Identify the work zone by either:
operator that the power line has been (D) Give timely information to the (i) Demarcating boundaries (such as
deenergized and visibly grounded at the operator so that the required clearance with flags, or a device such as a range
worksite. distance can be maintained. limit device or range control warning

(2) Option (2)20 foot clearance. (ii) A proximity alarm set to give the device) and prohibiting the operator
Ensure that no part of the equipment, operator sufficient warning to prevent from operating the equipment past those
load line or load (including rigging and encroachment. boundaries, or
lifting accessories), gets closer than 20 (iii) A device that automatically warns (ii) Defining the work zone as the area
feet to the power line by implementing the operator when to stop movement, 360 degrees around the equipment, up
the measures specified in paragraph (b) such as a range control warning device. to the equipments maximum working
of this section. Such a device must be set to give the radius.
(2) Determine if any part of the implementing one of the measures (ii) For equipment with non-
equipment, load line or load (including described in 1926.1408(b)(4)(i), (iii), extensible booms: The uppermost part
rigging and lifting accessories), if (iv) and (v). of the equipment, with the boom at true
operated up to the equipments (4) Implement at least one of the vertical, would be more than 20 feet
maximum working radius in the work following measures: below the plane of the power line or
zone, could get closer than 20 feet to a (i) A proximity alarm set to give the more than the Table A of this section
power line. If so, the employer must operator sufficient warning to prevent minimum clearance distance below the
meet the requirements in Option (1), encroachment. plane of the power line.
Option (2), or Option (3) of this section, (ii) A dedicated spotter who is in (iii) For equipment with articulating
as follows: continuous contact with the operator. or extensible booms: The uppermost
(i) Option (1)Deenergize and Where this measure is selected, the part of the equipment, with the boom in
ground. Confirm from the utility owner/ dedicated spotter must: the fully extended position, at true
operator that the power line has been (A) Be equipped with a visual aid to vertical, would be more than 20 feet
deenergized and visibly grounded at the assist in identifying the minimum below the plane of the power line or
worksite. clearance distance. Examples of a visual more than the Table A of this section
(ii) Option (2)20 foot clearance. aid include, but are not limited to: A minimum clearance distance below the
Ensure that no part of the equipment, clearly visible line painted on the plane of the power line.
load line, or load (including rigging and ground; a clearly visible line of (iv) The employer demonstrates that
lifting accessories), gets closer than 20 stanchions; a set of clearly visible line- compliance with paragraph (d)(1) of this
feet to the power line by implementing of-sight landmarks (such as a fence post section is infeasible and meets the
the measures specified in paragraph (b) behind the dedicated spotter and a requirements of 1926.1410.
of this section. building corner ahead of the dedicated (e) Power lines presumed energized.
(iii) Option (3)Table A clearance. spotter). The employer must assume that all
(A) Determine the lines voltage and (B) Be positioned to effectively gauge power lines are energized unless the
the minimum approach distance the clearance distance. utility owner/operator confirms that the
permitted under Table A (see (C) Where necessary, use equipment power line has been and continues to be
1926.1408). that enables the dedicated spotter to deenergized and visibly grounded at the
(B) Determine if any part of the communicate directly with the operator. worksite.
equipment, load line or load (including (D) Give timely information to the (f) When working near transmitter/
rigging and lifting accessories), while operator so that the required clearance communication towers where the
operating up to the equipments distance can be maintained. equipment is close enough for an
maximum working radius in the work (iii) A device that automatically warns electrical charge to be induced in the
zone, could get closer than the the operator when to stop movement, equipment or materials being handled,
minimum approach distance of the such as a range control warning device. the transmitter must be deenergized or
power line permitted under Table A (see Such a device must be set to give the the following precautions must be
1926.1408). If so, then the employer operator sufficient warning to prevent taken:
must follow the requirements in encroachment. (1) The equipment must be provided
(iv) A device that automatically limits with an electrical ground.
paragraph (b) of this section to ensure
range of movement, set to prevent (2) If tag lines are used, they must be
that no part of the equipment, load line,
encroachment. non-conductive.
or load (including rigging and lifting (v) An insulating link/device, as
accessories), gets closer to the line than (g) Training.
defined in 1926.1401, installed at a (1) The employer must train each
the minimum approach distance. point between the end of the load line
(b) Preventing encroachment/ operator and crew member assigned to
(or below) and the load. work with the equipment on all of the
electrocution. Where encroachment (5) The requirements of paragraph
precautions are required under Option following:
(b)(4) of this section do not apply to (i) The procedures to be followed in
(2) or Option (3) of this section, all of work covered by subpart V of this part. the event of electrical contact with a
the following requirements must be met: (c) Voltage information. Where power line. Such training must include:
(1) Conduct a planning meeting with Option (3) of this section is used, the (A) Information regarding the danger
the operator and the other workers who utility owner/operator of the power of electrocution from the operator
will be in the area of the equipment or lines must provide the requested voltage simultaneously touching the equipment
load to review the location of the power information within two working days of and the ground.
line(s), and the steps that will be the employers request. (B) The importance to the operators
implemented to prevent encroachment/ (d) Operations below power lines. safety of remaining inside the cab
electrocution. (1) No part of the equipment, load except where there is an imminent
(2) If tag lines are used, they must be line, or load (including rigging and danger of fire, explosion, or other
non-conductive. lifting accessories) is allowed below a emergency that necessitates leaving the
(3) Erect and maintain an elevated power line unless the employer has cab.
warning line, barricade, or line of signs, confirmed that the utility owner/ (C) The safest means of evacuating
in view of the operator, equipped with operator has deenergized and (at the from equipment that may be energized.
flags or similar high-visibility markings, worksite) visibly grounded the power (D) The danger of the potentially
at 20 feet from the power line (if using line, except where one of the exceptions energized zone around the equipment
Option (2) of this section) or at the
in paragraph (d)(2) of this section (step potential).

minimum approach distance under applies. (E) The need for crew in the area to
Table A (see 1926.1408) (if using (2) Exceptions. Paragraph (d)(1) of this avoid approaching or touching the
Option (3) of this section). If the section is inapplicable where the equipment and the load.
operator is unable to see the elevated employer demonstrates that one of the (F) Safe clearance distance from
warning line, a dedicated spotter must following applies: power lines.
be used as described in (i) The work is covered by subpart V (ii) Power lines are presumed to be
1926.1408(b)(4)(ii) in addition to of this part. energized unless the utility owner/
operator confirms that the power line (iv) The limitations of an insulating (3) Training under this section must
has been and continues to be link/device, proximity alarm, and range be administered in accordance with
deenergized and visibly grounded at the control (and similar) device, if used. 1926.1430(g).
worksite. (v) The procedures to be followed to (h) Devices originally designed by the
(iii) Power lines are presumed to be properly ground equipment and the manufacturer for use as: A safety device
uninsulated unless the utility owner/ limitations of grounding. (see 1926.1415), operational aid, or a
operator or a registered engineer who is (2) Employees working as dedicated means to prevent power line contact or
a qualified person with respect to spotters must be trained to enable them electrocution, when used to comply
electrical power transmission and to effectively perform their task, with this section, must meet the
distribution confirms that a line is including training on the applicable manufacturers procedures for use and
insulated. requirements of this section. conditions of use.
TABLE AMINIMUM CLEARANCE DISTANCES

Voltage Minimum clearance distance
(nominal, kV, alternating current) (feet)
up to 50 .................................................................................................... 10
over 50 to 200 .......................................................................................... 15
over 200 to 350 ........................................................................................ 20
over 350 to 500 ........................................................................................ 25
over 500 to 750 ........................................................................................ 35
over 750 to 1,000 ..................................................................................... 45
over 1,000 ................................................................................................. (as established by the utility owner/operator or registered professional
engineer who is a qualified person with respect to electrical power
transmission and distribution).
Note: The value that follows to is up to and includes that value. For example, over 50 to 200 means up to and including 200kV.
1926.1409 Power line safety (over 350 a qualified person with respect to contact, before the work begins, the
kV). electrical power transmission and automatic reclosing feature of the circuit
The requirements of 1926.1407 and distribution determines the minimum interrupting device must be made
1926.1408 apply to power lines over clearance distance that must be inoperative if the design of the device
350 kV except: maintained to prevent electrical contact permits.
(a) For power lines at or below 1000 in light of the on-site conditions. The (2) A dedicated spotter who is in
kV, wherever the distance 20 feet is factors that must be considered in continuous contact with the operator.
specified, the distance 50 feet must be making this determination include, but The dedicated spotter must:
substituted; and are not limited to: Conditions affecting (i) Be equipped with a visual aid to
(b) For power lines over 1000 kV, the atmospheric conductivity; time assist in identifying the minimum
minimum clearance distance must be necessary to bring the equipment, load clearance distance. Examples of a visual
established by the utility owner/ line, and load (including rigging and aid include, but are not limited to: A
operator or registered professional lifting accessories) to a complete stop; line painted on the ground; a clearly
engineer who is a qualified person with wind conditions; degree of sway in the visible line of stanchions; a set of clearly
respect to electrical power transmission power line; lighting conditions, and visible line-of-sight landmarks (such as
and distribution. other conditions affecting the ability to a fence post behind the dedicated
prevent electrical contact. spotter and a building corner ahead of
1926.1410 Power line safety (all (2) Paragraph (c)(1) of this section the dedicated spotter).
voltages)equipment operations closer does not apply to work covered by (ii) Be positioned to effectively gauge
than the Table A zone. subpart V of this part; instead, for such the clearance distance.
Equipment operations in which any work, the minimum clearance distances (iii) Where necessary, use equipment
part of the equipment, load line, or load specified in 1926.950 Table V1 apply. that enables the dedicated spotter to
(including rigging and lifting Employers engaged in subpart V work communicate directly with the operator.
accessories) is closer than the minimum are permitted to work closer than the (iv) Give timely information to the
approach distance under Table A of distances in 1926.950 Table V1 operator so that the required clearance
1926.1408 to an energized power line where both the requirements of this distance can be maintained.
is prohibited, except where the section and 1926.952(c)(3)(i) or (ii) are (3) An elevated warning line, or
employer demonstrates that all of the met. barricade (not attached to the crane), in
following requirements are met: (d) A planning meeting with the view of the operator (either directly or
(a) The employer determines that it is employer and utility owner/operator (or through video equipment), equipped
infeasible to do the work without registered professional engineer who is with flags or similar high-visibility
breaching the minimum approach a qualified person with respect to markings, to prevent electrical contact.
distance under Table A of 1926.1408. electrical power transmission and However, this provision does not apply
(b) The employer determines that,
distribution) is held to determine the to work covered by subpart V of this

after consultation with the utility procedures that will be followed to part.
owner/operator, it is infeasible to prevent electrical contact and (4) Insulating link/device.
deenergize and ground the power line or electrocution. At a minimum these (i) An insulating link/device installed
relocate the power line. procedures must include: at a point between the end of the load
(c) Minimum clearance distance. (1) If the power line is equipped with line (or below) and the load.
(1) The power line owner/operator or a device that automatically reenergizes (ii) For work covered by subpart V of
registered professional engineer who is the circuit in the event of a power line this part, the requirement in paragraph
(d)(4)(i) of this section applies only to prevent unauthorized personnel from (k) Devices originally designed by the
when working inside the 1926.950 entering the work area. In areas where manufacturer for use as a safety device
Table V1 clearance distances. obstacles prevent the barricade from (see 1926.1415), operational aid, or a
(iii) For work covered by subpart V of being at least 10 feet away, the barricade means to prevent power line contact or
this part involving operations where use must be as far from the equipment as electrocution, when used to comply
of an insulating link/device is feasible. with this section, must comply with the
infeasible, the requirements of (9) Workers other than the operator manufacturers procedures for use and
1910.269(p)(4)(iii)(B) or (C) may be must be prohibited from touching the conditions of use.
substituted for the requirement in load line above the insulating link/ (l) [Reserved.]
(d)(4)(i) of this section. device and crane. Operators remotely (m) The employer must train each
(iv) Until November 8, 2011, the operating the equipment from the operator and crew member assigned to
following procedure may be substituted ground must use either wireless controls work with the equipment in accordance
for the requirement in paragraph that isolate the operator from the with 1926.1408(g).
(d)(4)(i) of this section: All employees, equipment or insulating mats that
excluding equipment operators located insulate the operator from the ground. 1926.1411 Power line safetywhile
traveling under or near power lines with no
on the equipment, who may come in (10) Only personnel essential to the
load.
contact with the equipment, the load operation are permitted to be in the area
line, or the load must be insulated or of the crane and load. (a) This section establishes
guarded from the equipment, the load (11) The equipment must be properly procedures and criteria that must be met
line, and the load. Insulating gloves grounded. for equipment traveling under or near a
rated for the voltage involved are (12) Insulating line hose or cover-up power line on a construction site with
adequate insulation for the purposes of must be installed by the utility owner/ no load. Equipment traveling on a
this paragraph. operator except where such devices are construction site with a load is governed
(v) Until November 8, 2013, the unavailable for the line voltages by 1926.1408, 1926.1409 or
following procedure may be substituted involved. 1926.1410, whichever is appropriate,
for the requirement in (d)(4)(i) of this (e) The procedures developed to and 1926.1417(u).
section: comply with paragraph (d) of this (b) The employer must ensure that:
(A) The employer must use a link/ section are documented and (1) The boom/mast and boom/mast
device manufactured on or before immediately available on-site. support system are lowered sufficiently
November 8, 2011, that meets the (f) The equipment user and utility to meet the requirements of this
definition of an insulating link/device, owner/operator (or registered paragraph.
except that it has not been approved by professional engineer) meet with the (2) The clearances specified in Table
a Nationally Recognized Testing equipment operator and the other T of this section are maintained.
Laboratory, and that is maintained and workers who will be in the area of the (3) The effects of speed and terrain on
used in accordance with manufacturer equipment or load to review the equipment movement (including
requirements and recommendations, procedures that will be implemented to movement of the boom/mast) are
and is installed at a point between the prevent breaching the minimum considered so that those effects do not
end of the load line (or below) and the approach distance established in cause the minimum clearance distances
load; and paragraph (c) of this section and prevent specified in Table T of this section to be
(B) All employees, excluding electrocution. breached.
equipment operators located on the (g) The procedures developed to (4) Dedicated spotter. If any part of
equipment, who may come in contact comply with paragraph (d) of this the equipment while traveling will get
with the equipment, the load line, or the section are implemented. closer than 20 feet to the power line, the
load must be insulated or guarded from (h) The utility owner/operator (or employer must ensure that a dedicated
the equipment, the load line, and the registered professional engineer) and all spotter who is in continuous contact
load through an additional means other employers of employees involved in the with the driver/operator is used. The
than the device described in paragraph work must identify one person who will dedicated spotter must:
(d)(4)(v)(A) of this section. Insulating direct the implementation of the (i) Be positioned to effectively gauge
gloves rated for the voltage involved are procedures. The person identified in the clearance distance.
adequate additional means of protection accordance with this paragraph must (ii) Where necessary, use equipment
for the purposes of this paragraph. direct the implementation of the that enables the dedicated spotter to
(5) Nonconductive rigging if the procedures and must have the authority communicate directly with the operator.
rigging may be within the Table A of to stop work at any time to ensure (iii) Give timely information to the
1926.1408 distance during the safety. operator so that the required clearance
operation. (i) [Reserved.] distance can be maintained.
(6) If the equipment is equipped with (j) If a problem occurs implementing (5) Additional precautions for
a device that automatically limits range the procedures being used to comply traveling in poor visibility. When
of movement, it must be used and set to with paragraph (d) of this section, or traveling at night, or in conditions of
prevent any part of the equipment, load indicating that those procedures are poor visibility, in addition to the
line, or load (including rigging and inadequate to prevent electrocution, the measures specified in paragraphs (b)(1)
lifting accessories) from breaching the employer must safely stop operations through (4) of this section, the employer
minimum approach distance established and either develop new procedures to must ensure that:
under paragraph (c) of this section. comply with paragraph (d) of this (i) The power lines are illuminated or
(7) If a tag line is used, it must be of section or have the utility owner/ another means of identifying the
the nonconductive type. operator deenergize and visibly ground location of the lines is used.
(8) Barricades forming a perimeter at or relocate the power line before (ii) A safe path of travel is identified
least 10 feet away from the equipment resuming work. and used.
TABLE TMINIMUM CLEARANCE DISTANCES WHILE TRAVELING WITH NO LOAD

Voltage While travelingminimum clearance distance
(nominal, kV, alternating current) (feet)
up to 0.75 ................................................................................................. 4
over .75 to 50 ........................................................................................... 6
over 50 to 345 .......................................................................................... 10
over 345 to 750 ........................................................................................ 16
Over 750 to 1,000 .................................................................................... 20
Over 1,000 ................................................................................................ (as established by the utility owner/operator or registered professional
engineer who is a qualified person with respect to electrical power
transmission and distribution).
1926.1412 Inspections. employer must ensure that the criteria Taking apart equipment components
(a) Modified equipment. are developed by the qualified person. and booming down is not required as
(1) Equipment that has had If an RPE is needed, the employer must part of this inspection unless the results
modifications or additions which affect ensure that they are developed by an of the visual inspection or trial
the safe operation of the equipment RPE. operation indicate that further
(such as modifications or additions (B) Determine if the repair/adjustment investigation necessitating taking apart
involving a safety device or operational meets the criteria developed in equipment components or booming
aid, critical part of a control system, accordance with paragraph (b)(1)(ii)(A) down is needed. Determinations made
power plant, braking system, load- of this section. in conducting the inspection must be
sustaining structural components, load (iii) The inspection must include reassessed in light of observations made
hook, or in-use operating mechanism) or functional testing of the repaired/ during operation. At a minimum the
capacity must be inspected by a adjusted parts and other components inspection must include all of the
qualified person after such that may be affected by the repair/ following:
modifications/additions have been adjustment. (i) Control mechanisms for
completed, prior to initial use. The (4) Equipment must not be used until maladjustments interfering with proper
inspection must meet all of the an inspection under this paragraph operation.
following requirements: demonstrates that the repair/adjustment (ii) Control and drive mechanisms for
(i) The inspection must assure that the meets the requirements of paragraph apparent excessive wear of components
modifications or additions have been (b)(1)(i) of this section (or, where and contamination by lubricants, water
done in accordance with the approval applicable, paragraph (b)(1)(ii) of this or other foreign matter.
obtained pursuant to 1926.1434 section). (iii) Air, hydraulic, and other
(Equipment modifications). (c) Post-assembly. pressurized lines for deterioration or
(1) Upon completion of assembly, the leakage, particularly those which flex in
(ii) The inspection must include
equipment must be inspected by a normal operation.
functional testing of the equipment.
qualified person to assure that it is (iv) Hydraulic system for proper fluid
(2) Equipment must not be used until
configured in accordance with level.
an inspection under this paragraph
manufacturer equipment criteria. (v) Hooks and latches for deformation,
demonstrates that the requirements of (2) Where manufacturer equipment cracks, excessive wear, or damage such
paragraph (a)(1)(i) of this section have criteria are unavailable, a qualified as from chemicals or heat.
been met. person must: (vi) Wire rope reeving for compliance
(b) Repaired/adjusted equipment. (i) Determine if a registered with the manufacturers specifications.
(1) Equipment that has had a repair or professional engineer (RPE) familiar (vii) Wire rope, in accordance with
adjustment that relates to safe operation with the type of equipment involved is 1926.1413(a).
(such as: A repair or adjustment to a needed to develop criteria for the (viii) Electrical apparatus for
safety device or operator aid, or to a equipment configuration. If an RPE is malfunctioning, signs of apparent
critical part of a control system, power not needed, the employer must ensure excessive deterioration, dirt or moisture
plant, braking system, load-sustaining that the criteria are developed by the accumulation.
structural components, load hook, or in- qualified person. If an RPE is needed, (ix) Tires (when in use) for proper
use operating mechanism), must be the employer must ensure that they are inflation and condition.
inspected by a qualified person after developed by an RPE. (x) Ground conditions around the
such a repair or adjustment has been (ii) Determine if the equipment meets equipment for proper support, including
completed, prior to initial use. The the criteria developed in accordance ground settling under and around
inspection must meet all of the with paragraph (c)(2)(i) of this section. outriggers/stabilizers and supporting
following requirements: (3) Equipment must not be used until foundations, ground water
(i) The qualified person must an inspection under this paragraph accumulation, or similar conditions.
determine if the repair/adjustment demonstrates that the equipment is This paragraph does not apply to the
meets manufacturer equipment criteria configured in accordance with the inspection of ground conditions for
(where applicable and available).
applicable criteria. railroad tracks and their underlying

(ii) Where manufacturer equipment (d) Each shift. support when the railroad tracks are
criteria are unavailable or inapplicable, (1) A competent person must begin a part of the general railroad system of
the qualified person must: visual inspection prior to each shift the transportation that is regulated pursuant
(A) Determine if a registered equipment will be used, which must be to the Federal Railroad Administration
professional engineer (RPE) is needed to completed before or during that shift. under 49 CFR part 213.
develop criteria for the repair/ The inspection must consist of (xi) The equipment for level position
adjustment. If an RPE is not needed, the observation for apparent deficiencies. within the tolerances specified by the
equipment manufacturers of the corrective action required by manufacturer procedure for checking
recommendations, both before each shift paragraphs (d)(2) and (d)(3) of this pressure, it must be followed).
and after each move and setup. section. (xiii) Hydraulic and pneumatic
(xii) Operator cab windows for (2) In addition, at least every 12 cylinders, as follows:
significant cracks, breaks, or other months, the equipment must be (A) Drifting caused by fluid leaking
deficiencies that would hamper the inspected by a qualified person. across the piston.
operators view. Disassembly is required, as necessary, to (B) Rod seals and welded joints for
(xiii) Rails, rail stops, rail clamps and complete the inspection. The equipment leaks.
supporting surfaces when the must be inspected for all of the (C) Cylinder rods for scores, nicks, or
equipment has rail traveling. This following: dents.
paragraph does not apply to the (i) Equipment structure (including the (D) Case (barrel) for significant dents.
inspection of rails, rail stops, rail boom and, if equipped, the jib): (E) Rod eyes and connecting joints:
clamps and supporting surfaces when (A) Structural members: Deformed, Loose or deformed.
cracked, or significantly corroded. (xiv) Outrigger or stabilizer pads/
the railroad tracks are part of the general
(B) Bolts, rivets and other fasteners: floats for excessive wear or cracks.
railroad system of transportation that is (xv) Slider pads for excessive wear or
regulated pursuant to the Federal loose, failed or significantly corroded.
(C) Welds for cracks. cracks.
Railroad Administration under 49 CFR (xvi) Electrical components and
part 213. (ii) Sheaves and drums for cracks or
significant wear. wiring for cracked or split insulation
(xiv) Safety devices and operational and loose or corroded terminations.
aids for proper operation. (iii) Parts such as pins, bearings,
shafts, gears, rollers and locking devices (xvii) Warning labels and decals
(2) If any deficiency in paragraphs originally supplied with the equipment
(d)(1)(i) through (xiii) of this section (or for distortion, cracks or significant wear.
(iv) Brake and clutch system parts, by the manufacturer or otherwise
in additional inspection items required required under this standard: Missing or
to be checked for specific types of linings, pawls and ratchets for excessive
wear. unreadable.
equipment in accordance with other (xviii) Originally equipped operator
sections of this standard) is identified, (v) Safety devices and operational
aids for proper operation (including seat (or equivalent): Missing.
an immediate determination must be (xix) Operator seat: Unserviceable.
made by the competent person as to significant inaccuracies).
(vi) Gasoline, diesel, electric, or other (xx) Originally equipped steps,
whether the deficiency constitutes a ladders, handrails, guards: Missing.
power plants for safety-related problems
safety hazard. If the deficiency is (xxi) Steps, ladders, handrails, guards:
(such as leaking exhaust and emergency
determined to constitute a safety hazard, In unusable/unsafe condition.
shut-down feature) and conditions, and (3) This inspection must include
the equipment must be taken out of
proper operation. functional testing to determine that the
service until it has been corrected. See
(vii) Chains and chain drive sprockets
1926.1417. equipment as configured in the
for excessive wear of sprockets and
(3) If any deficiency in paragraph inspection is functioning properly.
excessive chain stretch. (4) If any deficiency is identified, an
(d)(1)(xiv) of this section (safety
(viii) Travel steering, brakes, and
devices/operational aids) is identified, immediate determination must be made
locking devices, for proper operation.
the action specified in 1926.1415 and (ix) Tires for damage or excessive by the qualified person as to whether
1926.1416 must be taken prior to using wear. the deficiency constitutes a safety
the equipment. (x) Hydraulic, pneumatic and other hazard or, though not yet a safety
(e) Monthly. pressurized hoses, fittings and tubing, as hazard, needs to be monitored in the
(1) Each month the equipment is in follows: monthly inspections.
service it must be inspected in (A) Flexible hose or its junction with (5) If the qualified person determines
accordance with paragraph (d) of this the fittings for indications of leaks. that a deficiency is a safety hazard, the
section (each shift). (B) Threaded or clamped joints for equipment must be taken out of service
(2) Equipment must not be used until leaks. until it has been corrected, except when
an inspection under this paragraph (C) Outer covering of the hose for temporary alternative measures are
demonstrates that no corrective action blistering, abnormal deformation or implemented as specified in
under paragraphs (d)(2) and (3) of this other signs of failure/impending failure. 1926.1416(d) or 1926.1435(e). See
section is required. (D) Outer surface of a hose, rigid tube, 1926.1417.
(3) Documentation. or fitting for indications of excessive (6) If the qualified person determines
(i) The following information must be abrasion or scrubbing. that, though not presently a safety
documented and maintained by the (xi) Hydraulic and pneumatic pumps hazard, the deficiency needs to be
employer that conducts the inspection: and motors, as follows: monitored, the employer must ensure
(A) The items checked and the results (A) Performance indicators: Unusual that the deficiency is checked in the
of the inspection. noises or vibration, low operating speed, monthly inspections.
(B) The name and signature of the excessive heating of the fluid, low (7) Documentation of annual/
person who conducted the inspection pressure. comprehensive inspection. The
and the date. (B) Loose bolts or fasteners. following information must be
(ii) This document must be retained (C) Shaft seals and joints between documented, maintained, and retained
for a minimum of three months. pump sections for leaks. for a minimum of 12 months, by the
(f) Annual/comprehensive. (xii) Hydraulic and pneumatic valves, employer that conducts the inspection:
(1) At least every 12 months the as follows: (i) The items checked and the results
equipment must be inspected by a (A) Spools: Sticking, improper return of the inspection.
qualified person in accordance with to neutral, and leaks. (ii) The name and signature of the
paragraph (d) of this section (each shift) (B) Leaks. person who conducted the inspection
except that the corrective action set (C) Valve housing cracks. and the date.
forth in paragraphs (f)(4), (f)(5), and (D) Relief valves: Failure to reach (g) Severe service. Where the severity
(f)(6) of this section must apply in place correct pressure (if there is a of use/conditions is such that there is a
reasonable probability of damage or of core failure or steel core protrusion (B) If the deficiency is localized, the
excessive wear (such as loading that between the outer strands. problem is corrected by severing the
may have exceeded rated capacity, (B) Significant corrosion. wire rope in two; the undamaged
shock loading that may have exceeded (C) Electric arc damage (from a source portion may continue to be used.
rated capacity, prolonged exposure to a other than power lines) or heat damage. Joining lengths of wire rope by splicing
corrosive atmosphere), the employer (D) Improperly applied end is prohibited. If a rope is shortened
must stop using the equipment and a connections. under this paragraph, the employer
qualified person must: (E) Significantly corroded, cracked, must ensure that the drum will still
(1) Inspect the equipment for bent, or worn end connections (such as have two wraps of wire when the load
structural damage to determine if the from severe service). and/or boom is in its lowest position.
equipment can continue to be used (ii) Category II. Apparent deficiencies (ii) If a deficiency in Category II (see
safely. in this category are: paragraph (a)(2)(ii) of this section) is
(A) Visible broken wires, as follows:
(2) In light of the use/conditions (1) In running wire ropes: Six identified, operations involving use of
determine whether any items/ randomly distributed broken wires in the wire rope in question must be
conditions listed in paragraph (f) of this one rope lay or three broken wires in prohibited until:
section need to be inspected; if so, the one strand in one rope lay, where a rope (A) The employer complies with the
qualified person must inspect those lay is the length along the rope in which wire rope manufacturers established
items/conditions. one strand makes a complete revolution criterion for removal from service or a
(3) If a deficiency is found, the around the rope. different criterion that the wire rope
employer must follow the requirements (2) In rotation resistant ropes: Two manufacturer has approved in writing
in paragraphs (f)(4) through (6) of this randomly distributed broken wires in for that specific wire rope (see
section. six rope diameters or four randomly 1926.1417),
(h) Equipment not in regular use. distributed broken wires in 30 rope (B) The wire rope is replaced (see
Equipment that has been idle for 3 diameters. 1926.1417), or
months or more must be inspected by a (3) In pendants or standing wire (C) If the deficiency is localized, the
qualified person in accordance with the ropes: More than two broken wires in problem is corrected by severing the
requirements of paragraph (e) (Monthly) one rope lay located in rope beyond end wire rope in two; the undamaged
of this section before initial use. connections and/or more than one portion may continue to be used.
(i) [Reserved.] broken wire in a rope lay located at an Joining lengths of wire rope by splicing
(j) Any part of a manufacturers end connection. is prohibited. If a rope is shortened
procedures regarding inspections that (B) A diameter reduction of more than under this paragraph, the employer
relate to safe operation (such as to a 5% from nominal diameter. must ensure that the drum will still
safety device or operational aid, critical (iii) Category III. Apparent have two wraps of wire when the load
part of a control system, power plant, deficiencies in this category include the and/or boom is in its lowest position.
braking system, load-sustaining following: (iii) If a deficiency in Category III is
structural components, load hook, or in- (A) In rotation resistant wire rope, identified, operations involving use of
use operating mechanism) that is more core protrusion or other distortion the wire rope in question must be
comprehensive or has a more frequent indicating core failure. prohibited until:
schedule of inspection than the (B) Prior electrical contact with a (A) The wire rope is replaced (see
requirements of this section must be power line. 1926.1417), or
followed. (C) A broken strand. (B) If the deficiency (other than power
(3) Critical review items. The line contact) is localized, the problem is
(k) All documents produced under
competent person must give particular corrected by severing the wire rope in
this section must be available, during
attention to all of the following: two; the undamaged portion may
the applicable document retention
(i) Rotation resistant wire rope in use. continue to be used. Joining lengths of
period, to all persons who conduct (ii) Wire rope being used for boom
inspections under this section. wire rope by splicing is prohibited.
hoists and luffing hoists, particularly at
Repair of wire rope that contacted an
1926.1413 Wire ropeinspection. reverse bends.
(iii) Wire rope at flange points, energized power line is also prohibited.
(a) Shift inspection. If a rope is shortened under this
crossover points and repetitive pickup
(1) A competent person must begin a points on drums. paragraph, the employer must ensure
visual inspection prior to each shift the (iv) Wire rope at or near terminal that the drum will still have two wraps
equipment is used, which must be ends. of wire when the load and/or boom is
completed before or during that shift. (v) Wire rope in contact with saddles, in its lowest position.
The inspection must consist of equalizer sheaves or other sheaves (iv) Where a wire rope is required to
observation of wire ropes (running and where rope travel is limited. be removed from service under this
standing) that are likely to be in use (4) Removal from service. section, either the equipment (as a
during the shift for apparent (i) If a deficiency in Category I (see whole) or the hoist with that wire rope
deficiencies, including those listed in paragraph (a)(2)(i) of this section) is must be tagged-out, in accordance with
paragraph (a)(2) of this section. identified, an immediate determination 1926.1417(f)(1), until the wire rope is
Untwisting (opening) of wire rope or must be made by the competent person repaired or replaced.
booming down is not required as part of (b) Monthly inspection.
as to whether the deficiency constitutes

this inspection. a safety hazard. If the deficiency is (1) Each month an inspection must be
(2) Apparent deficiencies. determined to constitute a safety hazard, conducted in accordance with
(i) Category I. Apparent deficiencies operations involving use of the wire paragraph (a) (shift inspection) of this
in this category include the following: rope in question must be prohibited section.
(A) Significant distortion of the wire until: (2) The inspection must include any
rope structure such as kinking, (A) The wire rope is replaced (see deficiencies that the qualified person
crushing, unstranding, birdcaging, signs 1926.1417), or who conducts the annual inspection
determines under paragraph (c)(3)(ii) of (ii) If the qualified person determines (ii) Type II rotation resistant wire rope
this section must be monitored. that, though not presently a safety (Type II). Type II rotation resistant
(3) Wire ropes on equipment must not hazard, the deficiency needs to be rope is stranded rope constructed to
be used until an inspection under this monitored, the employer must ensure have significant resistance to rotation. It
paragraph demonstrates that no that the deficiency is checked in the has at least 10 outer strands and
corrective action under paragraph (a)(4) monthly inspections. comprises an assembly of two or more
of this section is required. (4) The inspection must be layers of strands laid helically over a
(4) The inspection must be documented according to center in two or three operations. The
documented according to 1926.1412(f)(7) (annual/ direction of lay of the outer strands is
1926.1412(e)(3) (monthly inspection comprehensive inspection opposite to that of the underlying layer.
documentation). documentation). (iii) Type III rotation resistant wire
(c) Annual/comprehensive. (d) Rope lubricants that are of the type rope (Type III). Type III rotation
(1) At least every 12 months, wire that hinder inspection must not be used. resistant rope is stranded rope
ropes in use on equipment must be (e) All documents produced under constructed to have limited resistance to
inspected by a qualified person in this section must be available, during rotation. It has no more than nine outer
accordance with paragraph (a) of this the applicable document retention strands, and comprises an assembly of
section (shift inspection). period, to all persons who conduct two layers of strands laid helically over
(2) In addition, at least every 12 inspections under this section. a center in two operations. The
months, the wire ropes in use on
equipment must be inspected by a 1926.1414 Wire ropeselection and direction of lay of the outer strands is
qualified person, as follows: installation criteria. opposite to that of the underlying layer.
(i) The inspection must be for (a) Original equipment wire rope and (2) Requirements.
deficiencies of the types listed in replacement wire rope must be selected (i) Types II and III with an operating
paragraph (a)(2) of this section. and installed in accordance with the design factor of less than 5 must not be
(ii) The inspection must be complete requirements of this section. Selection used for duty cycle or repetitive lifts.
and thorough, covering the surface of of replacement wire rope must be in (ii) Rotation resistant ropes (including
the entire length of the wire ropes, with accordance with the recommendations Types I, II and III) must have an
particular attention given to all of the of the wire rope manufacturer, the operating design factor of no less than
following: equipment manufacturer, or a qualified 3.5.
(A) Critical review items listed in person. (iii) Type I must have an operating
paragraph (a)(3) of this section. (b) Wire rope design criteria: Wire design factor of no less than 5, except
(B) Those sections that are normally rope (other than rotation resistant rope) where the wire rope manufacturer and
hidden during shift and monthly must comply with either Option (1) or the equipment manufacturer approves
inspections. Option (2) of this section, as follows: the design factor, in writing.
(C) Wire rope subject to reverse bends. (1) Option (1). Wire rope must comply (iv) Types II and III must have an
(D) Wire rope passing over sheaves. with section 51.7.1 of ASME B30.5 operating design factor of no less than
(iii) Exception: In the event an 2004 (incorporated by reference, see 5, except where the requirements of
inspection under paragraph (c)(2) of this 1926.6) except that sections paragraph paragraph (e)(3) of this section are met.
section is not feasible due to existing (c) must not apply. (3) When Types II and III with an
set-up and configuration of the (2) Option (2). Wire rope must be operating design factor of less than 5 are
equipment (such as where an assist designed to have, in relation to the used (for non-duty cycle, non-repetitive
crane is needed) or due to site equipments rated capacity, a sufficient lifts), the following requirements must
conditions (such as a dense urban minimum breaking force and design be met for each lifting operation:
setting), such inspections must be factor so that compliance with the (i) A qualified person must inspect
conducted as soon as it becomes applicable inspection provisions in the rope in accordance with
feasible, but no longer than an 1926.1413 will be an effective means 1926.1413(a). The rope must be used
additional 6 months for running ropes of preventing sudden rope failure. only if the qualified person determines
and, for standing ropes, at the time of (c) Wire rope must be compatible with
that there are no deficiencies
disassembly. the safe functioning of the equipment.
(3) If a deficiency is identified, an (d) Boom hoist reeving. constituting a hazard. In making this
immediate determination must be made (1) Fiber core ropes must not be used determination, more than one broken
by the qualified person as to whether for boom hoist reeving, except for wire in any one rope lay must be
the deficiency constitutes a safety derricks. considered a hazard.
hazard. (2) Rotation resistant ropes must be (ii) Operations must be conducted in
(i) If the deficiency is determined to used for boom hoist reeving only where such a manner and at such speeds as to
constitute a safety hazard, operations the requirements of paragraph (e)(4)(ii) minimize dynamic effects.
involving use of the wire rope in of this section are met. (iii) Each lift made under
question must be prohibited until: (e) Rotation resistant ropes. 1926.1414(e)(3) must be recorded in
(A) The wire rope is replaced (see (1) Definitions. the monthly and annual inspection
1926.1417), or (i) Type I rotation resistant wire rope documents. Such prior uses must be
(B) If the deficiency is localized, the (Type I). Type I rotation resistant rope considered by the qualified person in
problem is corrected by severing the is stranded rope constructed to have determining whether to use the rope
little or no tendency to rotate or, if again.
wire rope in two; the undamaged

portion may continue to be used. guided, transmits little or no torque. It (4) Additional requirements for
Joining lengths of wire rope by splicing has at least 15 outer strands and rotation resistant ropes for boom hoist
is prohibited. If a rope is shortened comprises an assembly of at least three reeving.
under this paragraph, the employer layers of strands laid helically over a (i) Rotation resistant ropes must not
must ensure that the drum will still center in two operations. The direction be used for boom hoist reeving, except
have two wraps of wire when the load of lay of the outer strands is opposite to where the requirements of paragraph
and/or boom is in its lowest position. that of the underlying layer. (e)(4)(ii) of this section are met.
(ii) Rotation resistant ropes may be (ii) If a built-in crane level indicator (c) If a listed operational aid stops
used as boom hoist reeving when load is not working properly, it must be working properly during operations, the
hoists are used as boom hoists for tagged-out or removed. If a removable operator must safely stop operations
attachments such as luffing attachments crane level indicator is not working until the temporary alternative measures
or boom and mast attachment systems. properly, it must be removed. are implemented or the device is again
Under these conditions, all of the (iii) This requirement does not apply working properly. If a replacement part
following requirements must be met: to portal cranes, derricks, floating is no longer available, the use of a
(A) The drum must provide a first cranes/derricks and land cranes/ substitute device that performs the same
layer rope pitch diameter of not less derricks on barges, pontoons, vessels or type of function is permitted and is not
than 18 times the nominal diameter of other means of flotation. considered a modification under
the rope used. (2) Boom stops, except for derricks 1926.1434.
(B) The requirements in and hydraulic booms. (d) Category I operational aids and
1926.1426(a) (irrespective of the date (3) Jib stops (if a jib is attached), alternative measures. Operational aids
of manufacture of the equipment), and except for derricks. listed in this paragraph that are not
1926.1426(b). (4) Equipment with foot pedal brakes working properly must be repaired no
(C) The requirements in ASME B30.5 must have locks. later than 7 calendar days after the
2004 sections 51.3.2(a), (a)(2) through (5) Hydraulic outrigger jacks and deficiency occurs. Exception: If the
(a)(4), (b) and (d) (incorporated by hydraulic stabilizer jacks must have an employer documents that it has ordered
reference, see 1926.6) except that the integral holding device/check valve. the necessary parts within 7 calendar
minimum pitch diameter for sheaves (6) Equipment on rails must have rail days of the occurrence of the deficiency,
used in multiple rope reeving is 18 clamps and rail stops, except for portal the repair must be completed within 7
times the nominal diameter of the rope cranes. calendar days of receipt of the parts. See
used (instead of the value of 16 (7) Horn 1926.1417(j) for additional
specified in section 51.3.2(d)). (i) The equipment must have a horn requirements.
(D) All sheaves used in the boom that is either built into the equipment or (1) Boom hoist limiting device.
hoist reeving system must have a rope is on the equipment and immediately (i) For equipment manufactured after
pitch diameter of not less than 18 times available to the operator. December 16, 1969, a boom hoist
the nominal diameter of the rope used. (ii) If a built-in horn is not working limiting device is required. Temporary
(E) The operating design factor for the properly, it must be tagged-out or alternative measures (use at least one).
boom hoist reeving system must be not removed. If a removable horn is not One or more of the following methods
less than five. working properly, it must be removed. must be used:
(F) The operating design factor for (b) Proper operation required. (A) Use a boom angle indicator.
these ropes must be the total minimum Operations must not begin unless all of (B) Clearly mark the boom hoist cable
breaking force of all parts of rope in the the devices listed in this section are in (so that it can easily be seen by the
system divided by the load imposed on proper working order. If a device stops operator) at a point that will give the
the rope system when supporting the working properly during operations, the operator sufficient time to stop the hoist
static weights of the structure and the operator must safely stop operations. If to keep the boom within the minimum
load within the equipments rated any of the devices listed in this section allowable radius. In addition, install
capacity. are not in proper working order, the mirrors or remote video cameras and
(G) When provided, a power- equipment must be taken out of service displays if necessary for the operator to
controlled lowering system must be
and operations must not resume until see the mark.
capable of handling rated capacities and (C) Clearly mark the boom hoist cable
the device is again working properly.
speeds as specified by the manufacturer. (so that it can easily be seen by a
(f) Wire rope clips used in See 1926.1417 (Operation). Alternative
measures are not permitted to be used. spotter) at a point that will give the
conjunction with wedge sockets must be
spotter sufficient time to signal the
attached to the unloaded dead end of 1926.1416 Operational aids. operator and have the operator stop the
the rope only, except that the use of (a) The devices listed in this section hoist to keep the boom within the
devices specifically designed for dead- (listed operational aids) are required
ending rope in a wedge socket is minimum allowable radius.
on all equipment covered by this (ii) If the equipment was
permitted. subpart, unless otherwise specified.
(g) Socketing must be done in the manufactured on or before December 16,
(1) The requirements in paragraphs 1969, and is not equipped with a boom
manner specified by the manufacturer of (e)(1), (e)(2), and (e)(3) of this section do
the wire rope or fitting. hoist limiting device, at least one of the
not apply to articulating cranes. measures in paragraphs (d)(1)(i)(A)
(h) Prior to cutting a wire rope,
(2) The requirements in paragraphs through (C) of this section must be used.
seizings must be placed on each side of
(d)(3), (e)(1), and (e)(4) of this section (2) Luffing jib limiting device.
the point to be cut. The length and
apply only to those digger derricks Equipment with a luffing jib must have
number of seizings must be in
manufactured after November 8, 2011. a luffing jib limiting device. Temporary
accordance with the wire rope
(b) Operations must not begin unless alternative measures are the same as in
manufacturers instructions.
the listed operational aids are in proper paragraph (d)(1)(i) of this section, except
1926.1415 Safety devices. working order, except where an to limit the movement of the luffing jib
(a) Safety devices. The following operational aid is being repaired the rather than the boom hoist.
employer uses the specified temporary
safety devices are required on all (3) Anti two-blocking device.

equipment covered by this subpart, alternative measures. The time periods (i) Telescopic boom cranes
unless otherwise specified: permitted for repairing defective manufactured after February 28, 1992,
(1) Crane level indicator. operational aids are specified in must be equipped with a device which
(i) The equipment must have a crane paragraphs (d) and (e) of this section. automatically prevents damage from
level indicator that is either built into More protective alternative measures contact between the load block,
the equipment or is available on the specified by the crane/derrick overhaul ball, or similar component,
equipment. manufacturer, if any, must be followed. and the boom tip (or fixed upper block
or similar component). The device(s) occur without movement of the load (ii) Articulating cranes manufactured
must prevent such damage at all points hoist, clearly mark the cable (so that it after November 8, 2011 must have at
where two-blocking could occur. can easily be seen by the operator) at a least one of the following: automatic
Temporary alternative measures: point that will give the operator overload prevention device, load
Clearly mark the cable (so that it can sufficient time to stop the hoist to weighing device, load moment (or rated
easily be seen by the operator) at a point prevent two-blocking, and use a spotter capacity) indicator, or load moment
that will give the operator sufficient when extending the boom. (rated capacity) limiter. Temporary
time to stop the hoist to prevent two- (e) Category II operational aids and alternative measures: The weight of the
blocking, and use a spotter when alternative measures. Operational aids load must be determined from a source
extending the boom. listed in this paragraph that are not recognized by the industry (such as the
(ii) Lattice boom cranes. working properly must be repaired no loads manufacturer) or by a calculation
(A) Lattice boom cranes manufactured later than 30 calendar days after the method recognized by the industry
after Feb 28, 1992, must be equipped deficiency occurs. Exception: If the (such as calculating a steel beam from
with a device that either automatically employer documents that it has ordered measured dimensions and a known per
prevents damage and load failure from the necessary parts within 7 calendar foot weight). This information must be
contact between the load block, days of the occurrence of the deficiency, provided to the operator prior to the lift.
overhaul ball, or similar component, and the part is not received in time to (5) The following devices are required
and the boom tip (or fixed upper block complete the repair in 30 calendar days, on equipment manufactured after
or similar component), or warns the the repair must be completed within 7 November 8, 2011:
operator in time for the operator to calendar days of receipt of the parts. See (i) Outrigger/stabilizer position
prevent two-blocking. The device must 1926.1417(j) for additional (horizontal beam extension) sensor/
prevent such damage/failure or provide requirements. monitor if the equipment has outriggers
adequate warning for all points where
(1) Boom angle or radius indicator. or stabilizers. Temporary alternative
two-blocking could occur.
(B) Lattice boom cranes and derricks The equipment must have a boom angle measures: The operator must verify that
manufactured after November 8, 2011 or radius indicator readable from the the position of the outriggers or
must be equipped with a device which operators station. Temporary stabilizers is correct (in accordance with
automatically prevents damage and load alternative measures: Radii or boom manufacturer procedures) before
failure from contact between the load angle must be determined by measuring beginning operations requiring outrigger
block, overhaul ball, or similar the radii or boom angle with a or stabilizer deployment.
component, and the boom tip (or fixed measuring device. (ii) Hoist drum rotation indicator if
upper block or similar component). The (2) Jib angle indicator if the the equipment has a hoist drum not
device(s) must prevent such damage/ equipment has a luffing jib. Temporary visible from the operators station.
failure at all points where two-blocking alternative measures: Radii or jib angle Temporary alternative measures: Mark
could occur. must be determined by ascertaining the the drum to indicate the rotation of the
(C) Exception. The requirements in main boom angle and then measuring drum. In addition, install mirrors or
paragraphs (d)(3)(ii)(A) and (B) of this the radii or jib angle with a measuring remote video cameras and displays if
section do not apply to such lattice device. necessary for the operator to see the
boom equipment when used for (3) Boom length indicator if the mark.
dragline, clamshell (grapple), magnet, equipment has a telescopic boom,
except where the rated capacity is 1926.1417 Operation.
drop ball, container handling, concrete
bucket, marine operations that do not independent of the boom length. (a) The employer must comply with
involve hoisting personnel, and pile Temporary alternative measures. One or all manufacturer procedures applicable
driving work. more of the following methods must be to the operational functions of
(D) Temporary alternative measures. used: equipment, including its use with
Clearly mark the cable (so that it can (i) Mark the boom with measured attachments.
easily be seen by the operator) at a point marks to calculate boom length, (b) Unavailable operation procedures.
that will give the operator sufficient (ii) Calculate boom length from boom (1) Where the manufacturer
time to stop the hoist to prevent two- angle and radius measurements, procedures are unavailable, the
blocking, or use a spotter. (iii) Measure the boom with a employer must develop and ensure
(iii) Articulating cranes manufactured measuring device. compliance with all procedures
after December 31, 1999, that are (4) Load weighing and similar devices. necessary for the safe operation of the
equipped with a load hoist must be (i) Equipment (other than derricks and equipment and attachments.
equipped with a device that articulating cranes) manufactured after (2) Procedures for the operational
automatically prevents damage from March 29, 2003 with a rated capacity controls must be developed by a
contact between the load block, over 6,000 pounds must have at least qualified person.
overhaul ball, or similar component, one of the following: load weighing (3) Procedures related to the capacity
and the boom tip (or fixed upper block device, load moment (or rated capacity) of the equipment must be developed
or similar component). The device must indicator, or load moment (or rated and signed by a registered professional
prevent such damage at all points where capacity) limiter. Temporary alternative engineer familiar with the equipment.
two-blocking could occur. Temporary measures: The weight of the load must (c) Accessibility of procedures.
alternative measures: When two- be determined from a source recognized (1) The procedures applicable to the
blocking could only occur with by the industry (such as the loads operation of the equipment, including
movement of the load hoist, clearly manufacturer) or by a calculation rated capacities (load charts),
mark the cable (so that it can easily be method recognized by the industry recommended operating speeds, special
seen by the operator) at a point that will (such as calculating a steel beam from hazard warnings, instructions, and
give the operator sufficient time to stop measured dimensions and a known per operators manual, must be readily
the hoist to prevent two-blocking, or use foot weight). This information must be available in the cab at all times for use
a spotter. When two-blocking could provided to the operator prior to the lift. by the operator.
(2) Where rated capacities are (A) No one is servicing, working on, method recognized by the industry
available in the cab only in electronic or otherwise in a dangerous position on (such as calculating a steel beam from
form: In the event of a failure which the machine. measured dimensions and a known per
makes the rated capacities inaccessible, (B) The equipment has been repaired foot weight), or by other equally reliable
the operator must immediately cease and is working properly. means. In addition, when requested by
operations or follow safe shut-down (ii) If there is a warning (tag-out or the operator, this information must be
procedures until the rated capacities (in maintenance/do not operate) sign on provided to the operator prior to the lift;
electronic or other form) are available. any other switch or control, the operator or
(d) The operator must not engage in must not activate that switch or control (ii) The operator must begin hoisting
any practice or activity that diverts his/ until the sign has been removed by a the load to determine, using a load
her attention while actually engaged in person authorized to remove it, or until weighing device, load moment
operating the equipment, such as the the operator has verified that the indicator, rated capacity indicator, or
use of cellular phones (other than when requirements in paragraphs (f)(2)(i)(A) rated capacity limiter, if it exceeds 75
used for signal communications). and (B) of this section have been met. percent of the maximum rated capacity
(e) Leaving the equipment (g) Before starting the engine, the at the longest radius that will be used
unattended. operator must verify that all controls are during the lift operation. If it does, the
(1) The operator must not leave the in the proper starting position and that operator must not proceed with the lift
controls while the load is suspended, all personnel are in the clear. until he/she verifies the weight of the
except where all of the following are (h) Storm warning. When a local load in accordance with paragraph
met: storm warning has been issued, the (o)(3)(i) of this section.
(i) The operator remains adjacent to competent person must determine (p) The boom or other parts of the
the equipment and is not engaged in any whether it is necessary to implement equipment must not contact any
other duties. manufacturer recommendations for obstruction.
(ii) The load is to be held suspended securing the equipment. (q) The equipment must not be used
for a period of time exceeding normal (i) [Reserved.] to drag or pull loads sideways.
lifting operations. (j) If equipment adjustments or repairs (r) On wheel-mounted equipment, no
(iii) The competent person determines are necessary: loads must be lifted over the front area,
(1) The operator must, in writing, except as permitted by the
that it is safe to do so and implements
promptly inform the person designated manufacturer.
measures necessary to restrain the boom
by the employer to receive such (s) The operator must test the brakes
hoist and telescoping, load, swing, and
information and, where there are each time a load that is 90% or more of
outrigger or stabilizer functions.
successive shifts, to the next operator; the maximum line pull is handled by
(iv) Barricades or caution lines, and
and lifting the load a few inches and
notices, are erected to prevent all
(2) The employer must notify all
employees from entering the fall zone. applying the brakes. In duty cycle and
affected employees, at the beginning of
No employees, including those listed in repetitive lifts where each lift is 90% or
each shift, of the necessary adjustments
1926.1425(b)(1) through (3), more of the maximum line pull, this
or repairs and all alternative measures.
1926.1425(d) or 1926.1425(e), are requirement applies to the first lift but
(k) Safety devices and operational
permitted in the fall zone. not to successive lifts.
aids must not be used as a substitute for
(2) The provisions in the exercise of professional judgment by (t) Neither the load nor the boom must
1926.1417(e)(1) do not apply to the operator. be lowered below the point where less
working gear (such as slings, spreader (l) [Reserved.] than two full wraps of rope remain on
bars, ladders, and welding machines) (m) If the competent person their respective drums.
where the weight of the working gear is determines that there is a slack rope (u) Traveling with a load.
negligible relative to the lifting capacity condition requiring re-spooling of the (1) Traveling with a load is prohibited
of the equipment as positioned, and the rope, it must be verified (before starting if the practice is prohibited by the
working gear is suspended over an area to lift) that the rope is seated on the manufacturer.
other than an entrance or exit. drum and in the sheaves as the slack is (2) Where traveling with a load, the
(f) Tag-out. removed. employer must ensure that:
(1) Tagging out of service equipment/ (n) The competent person must adjust (i) A competent person supervises the
functions. Where the employer has the equipment and/or operations to operation, determines if it is necessary
taken the equipment out of service, a tag address the effect of wind, ice, and to reduce rated capacity, and makes
must be placed in the cab stating that snow on equipment stability and rated determinations regarding load position,
the equipment is out of service and is capacity. boom location, ground support, travel
not to be used. Where the employer has (o) Compliance with rated capacity. route, overhead obstructions, and speed
taken a function(s) out of service, a tag (1) The equipment must not be of movement necessary to ensure safety.
must be placed in a conspicuous operated in excess of its rated capacity. (ii) The determinations of the
position stating that the function is out (2) The operator must not be required competent person required in paragraph
of service and is not to be used. to operate the equipment in a manner (u)(2)(i) of this section are implemented.
(2) Response to do not operate/tag- that would violate paragraph (o)(1) of (iii) For equipment with tires, tire
out signs. this section. pressure specified by the manufacturer
(i) If there is a warning (tag-out or is maintained.
(3) Load weight. The operator must

maintenance/do not operate) sign on the verify that the load is within the rated (v) Rotational speed of the equipment
equipment or starting control, the capacity of the equipment by at least must be such that the load does not
operator must not activate the switch or one of the following methods: swing out beyond the radius at which it
start the equipment until the sign has (i) The weight of the load must be can be controlled.
been removed by a person authorized to determined from a source recognized by (w) A tag or restraint line must be
remove it, or until the operator has the industry (such as the loads used if necessary to prevent rotation of
verified that: manufacturer), or by a calculation the load that would be hazardous.
(x) The brakes must be adjusted in the non-standard hand signals that will beginning operations to ensure that the
accordance with manufacturer be used. signal transmission is effective, clear,
procedures to prevent unintended (d) New signals. Signals other than and reliable.
movement. hand, voice, or audible signals may be (b) Signal transmission must be
(y) The operator must obey a stop (or used where the employer demonstrates through a dedicated channel, except:
emergency stop) signal, irrespective of that: (1) Multiple cranes/derricks and one
who gives it. (1) The new signals provide at least or more signal persons may share a
(z) Swinging locomotive cranes. A equally effective communication as dedicated channel for the purpose of
locomotive crane must not be swung voice, audible, or Standard Method coordinating operations.
into a position where railway cars on an hand signals, or (2) Where a crane is being operated on
adjacent track could strike it, until it is (2) The new signals comply with a or adjacent to railroad tracks, and the
determined that cars are not being national consensus standard that actions of the crane operator need to be
moved on the adjacent track and that provides at least equally effective coordinated with the movement of other
proper flag protection has been communication as voice, audible, or equipment or trains on the same or
established. Standard Method hand signals. adjacent tracks.
(aa) Counterweight/ballast. (e) Suitability. The signals used (hand, (c) The operators reception of signals
(1) The following applies to voice, audible, or new), and means of must be by a hands-free system.
equipment other than tower cranes: transmitting the signals to the operator
(i) Equipment must not be operated (such as direct line of sight, video, 1926.1421 Signalsvoice signals
without the counterweight or ballast in radio, etc.), must be appropriate for the additional requirements.
place as specified by the manufacturer. site conditions. (a) Prior to beginning operations, the
(ii) The maximum counterweight or (f) During operations requiring operator, signal person and lift director
ballast specified by the manufacturer for signals, the ability to transmit signals (if there is one), must contact each other
the equipment must not be exceeded. between the operator and signal person and agree on the voice signals that will
(2) Counterweight/ballast must be maintained. If that ability is be used. Once the voice signals are
requirements for tower cranes are interrupted at any time, the operator agreed upon, these workers need not
specified in 1926.1435(b)(8). must safely stop operations requiring meet again to discuss voice signals
signals until it is reestablished and a unless another worker is added or
1926.1418 Authority to stop operation. proper signal is given and understood. substituted, there is confusion about the
Whenever there is a concern as to (g) If the operator becomes aware of a voice signals, or a voice signal is to be
safety, the operator must have the safety problem and needs to changed.
authority to stop and refuse to handle communicate with the signal person, (b) Each voice signal must contain the
loads until a qualified person has the operator must safely stop operations. following three elements, given in the
determined that safety has been assured. Operations must not resume until the following order: function (such as hoist,
operator and signal person agree that the boom, etc.), direction; distance and/or
1926.1419 Signalsgeneral
requirements. problem has been resolved. speed; function, stop command.
(h) Only one person may give signals (c) The operator, signal person and lift
(a) A signal person must be provided to a crane/derrick at a time, except in
in each of the following situations: director (if there is one), must be able to
circumstances covered by paragraph (j) effectively communicate in the language
(1) The point of operation, meaning of this section.
the load travel or the area near or at load used.
(i) [Reserved.]
placement, is not in full view of the (j) Anyone who becomes aware of a 1926.1422 Signalshand signal chart.
operator. safety problem must alert the operator
(2) When the equipment is traveling, Hand signal charts must be either
or signal person by giving the stop or posted on the equipment or
the view in the direction of travel is emergency stop signal. (Note:
obstructed. conspicuously posted in the vicinity of
1926.1417(y) requires the operator to the hoisting operations.
(3) Due to site specific safety obey a stop or emergency stop signal).
concerns, either the operator or the (k) All directions given to the operator 1926.1423 Fall protection.
person handling the load determines by the signal person must be given from
that it is necessary. (a) Application.
the operators direction perspective. (1) Paragraphs (b), (c)(3), (e) and (f) of
(b) Types of signals. Signals to (l) [Reserved.]
operators must be by hand, voice, this section apply to all equipment
(m) Communication with multiple covered by this subpart except tower
audible, or new signals. cranes/derricks. Where a signal
(c) Hand signals. cranes.
person(s) is in communication with (2) Paragraphs (c)(1), (c)(2), (d), (g), (j)
(1) When using hand signals, the more than one crane/derrick, a system
Standard Method must be used (see and (k) of this section apply to all
must be used for identifying the crane/ equipment covered by this subpart.
Appendix A of this subpart). Exception: derrick each signal is for, as follows:
Where use of the Standard Method for (3) Paragraphs (c)(4) and (h) of this
(1) for each signal, prior to giving the section apply only to tower cranes.
hand signals is infeasible, or where an function/direction, the signal person
operation or use of an attachment is not (b) Boom walkways.
must identify the crane/derrick the
covered in the Standard Method, non- (1) Equipment manufactured after
signal is for, or
standard hand signals may be used in November 8, 2011 with lattice booms
(2) must use an equally effective

accordance with paragraph (c)(2) of this method of identifying which crane/ must be equipped with walkways on the
section. derrick the signal is for. boom(s) if the vertical profile of the
(2) Non-standard hand signals. When boom (from cord centerline to cord
using non-standard hand signals, the 1926.1420 Signalsradio, telephone or centerline) is 6 or more feet.
signal person, operator, and lift director other electronic transmission of signals. (2) Boom walkway criteria.
(where there is one) must contact each (a) The device(s) used to transmit (i) The walkways must be at least 12
other prior to the operation and agree on signals must be tested on site before inches wide.
(ii) Guardrails, railings and other (d) Personal fall arrest and fall attached to the equipment) must meet
permanent fall protection attachments restraint systems. Personal fall arrest the anchorage criteria in
along walkways are: system components must be used in 1926.502(d)(15) for personal fall arrest
(A) Not required. personal fall arrest and fall restraint systems and 1926.502(e)(2) for
(B) Prohibited on booms supported by systems and must conform to the positioning device systems.
pendant ropes or bars if the guardrails/ criteria in 1926.502(d) except that (3) Anchorages for fall restraint
railings/attachments could be snagged 1926.502(d)(15) does not apply to systems. Fall restraint systems must be
by the ropes or bars. components used in personal fall arrest anchored to any part of the equipment
(C) Prohibited if of the removable type and fall restraint systems. Either body that is capable of withstanding twice the
(designed to be installed and removed belts or body harnesses must be used in maximum load that an employee may
each time the boom is assembled/ personal fall arrest and fall restraint impose on it during reasonably
disassembled). systems. anticipated conditions of use.
(D) Where not prohibited, guardrails (e) For non-assembly/disassembly (h) Tower cranes.
or railings may be of any height up to, work, the employer must provide and (1) For work other than erecting,
but not more than, 45 inches. ensure the use of fall protection climbing, and dismantling, the
(c) Steps, handholds, ladders, equipment for employees who are on a employer must provide and ensure the
grabrails, guardrails and railings. walking/working surface with an use of fall protection equipment for
(1) Section 1926.502(b) does not apply unprotected side or edge more than 6 employees who are on a walking/
to equipment covered by this subpart. feet above a lower level as follows: working surface with an unprotected
(2) The employer must maintain in (1) When moving point-to-point: side or edge more than 6 feet above a
good condition originally-equipped (i) On non-lattice booms (whether lower level, except when the employee
steps, handholds, ladders and horizontal or not horizontal). is at or near draw-works (when the
guardrails/railings/grabrails. (ii) On lattice booms that are not equipment is running), in the cab, or on
(3) Equipment manufactured after horizontal. the deck.
November 8, 2011 must be equipped so (iii) On horizontal lattice booms (2) For erecting, climbing, and
as to provide safe access and egress where the fall distance is 15 feet or dismantling work, the employer must
between the ground and the operator more. provide and ensure the use of fall
work station(s), including the forward (2) While at a work station on any part protection equipment for employees
and rear positions, by the provision of of the equipment (including the boom, who are on a walking/working surface
devices such as steps, handholds, of any type), except when the employee with an unprotected side or edge more
ladders, and guardrails/railings/ is at or near draw-works (when the than 15 feet above a lower level.
grabrails. These devices must meet the equipment is running), in the cab, or on (i) [Reserved.]
following criteria: the deck. (j) Anchoring to the load line. A
(i) Steps, handholds, ladders and (f) For assembly/disassembly work, personal fall arrest system is permitted
guardrails/railings/grabrails must meet the employer must provide and ensure to be anchored to the crane/derricks
the criteria of SAE J185 (May 2003) the use of fall protection equipment for hook (or other part of the load line)
(incorporated by reference, see 1926.6) employees who are on a walking/ where all of the following requirements
or ISO 116602:1994(E) (incorporated working surface with an unprotected are met:
by reference, see 1926.6) except where side or edge more than 15 feet above a (1) A qualified person has determined
infeasible. lower level, except when the employee that the set-up and rated capacity of the
(ii) Walking/stepping surfaces, except is at or near draw-works (when the crane/derrick (including the hook, load
for crawler treads, must have slip- equipment is running), in the cab, or on line and rigging) meets or exceeds the
resistant features/properties (such as the deck. requirements in 1926.502(d)(15).
diamond plate metal, strategically (g) Anchorage criteria. (2) The equipment operator must be at
placed grip tape, expanded metal, or (1) Sections 1926.502(d)(15) and the work site and informed that the
slip-resistant paint). 1926.502(e)(2) apply to equipment equipment is being used for this
(4) Tower cranes manufactured after covered by this subpart only to the purpose.
November 8, 2011 must be equipped so extent delineated in paragraph (g)(2) of (3) No load is suspended from the
as to provide safe access and egress this section. load line when the personal fall arrest
between the ground and the cab, (2) Anchorages for personal fall arrest system is anchored to the crane/
machinery platforms, and tower (mast), and positioning device systems. derricks hook (or other part of the load
by the provision of devices such as (i) Personal fall arrest systems must be line).
steps, handholds, ladders, and anchored to any apparently substantial (k) Training. The employer must train
guardrails/railings/grabrails. These part of the equipment unless a each employee who may be exposed to
devices must meet the following competent person, from a visual fall hazards while on, or hoisted by,
criteria: inspection, without an engineering equipment covered by this subpart on
(i) Steps, handholds, ladders, and analysis, would conclude that the all of the following:
guardrails/railings/grabrails must meet criteria in 1926.502(d)(15) would not (1) the requirements in this subpart
the criteria of ISO 116601:2008(E) be met. that address fall protection.
(incorporated by reference, see 1926.6) (ii) Positioning device systems must (2) the applicable requirements in
and ISO 116603:2008(E) (incorporated be anchored to any apparently 1926.500 and 1926.502.
by reference, see 1926.6) or SAE J185 substantial part of the equipment unless
(May 2003) (incorporated by reference, a competent person, from a visual 1926.1424 Work area control.
see 1926.6) except where infeasible. inspection, without an engineering (a) Swing radius hazards.
(ii) Walking/stepping surfaces must analysis, would conclude that the (1) The requirements in paragraph
have slip-resistant features/properties criteria in 1926.502(e)(2) would not be (a)(2) of this section apply where there
(such as diamond plate metal, met. are accessible areas in which the
strategically placed grip tape, expanded (iii) Attachable anchor devices equipments rotating superstructure
metal, or slip-resistant paint). (portable anchor devices that are (whether permanently or temporarily
mounted) poses a reasonably foreseeable (1) Engaged in hooking, unhooking or is within the radius of vertical travel of
risk of: guiding a load; the boom or the load.
(i) Striking and injuring an employee; (2) Engaged in the initial attachment (iv) The load is over a shaft, except
or of the load to a component or structure; where there are no employees in the
(ii) Pinching/crushing an employee or shaft.
against another part of the equipment or (3) Operating a concrete hopper or (v) The load is over a cofferdam,
another object. concrete bucket. except where there are no employees in
(2) To prevent employees from (c) When employees are engaged in the fall zone of the boom or the load.
entering these hazard areas, the hooking, unhooking, or guiding the (vi) Lifting operations are taking place
employer must: load, or in the initial connection of a in a refinery or tank farm.
(i) Train each employee assigned to load to a component or structure and are (2) The use of equipment in which the
work on or near the equipment within the fall zone, all of the following boom is designed to free fall (live boom)
(authorized personnel) in how to criteria must be met: is permitted only where none of the
recognize struck-by and pinch/crush (1) The materials being hoisted must circumstances listed in paragraph (a)(1)
hazard areas posed by the rotating be rigged to prevent unintentional of this section are present and:
superstructure. displacement. (i) The equipment was manufactured
(2) Hooks with self-closing latches or prior to October 31, 1984; or
(ii) Erect and maintain control lines,
their equivalent must be used. (ii) The equipment is a floating crane/
warning lines, railings or similar
Exception: J hooks are permitted to be derrick or a land crane/derrick on a
barriers to mark the boundaries of the
used for setting wooden trusses. vessel/flotation device.
hazard areas. Exception: When the (3) The materials must be rigged by a (b) Preventing boom free fall. Where
employer can demonstrate that it is qualified rigger. the use of equipment with a boom that
neither feasible to erect such barriers on (d) Receiving a load. Only employees is designed to free fall (live boom) is
the ground nor on the equipment, the needed to receive a load are permitted prohibited, the boom hoist must have a
hazard areas must be clearly marked by to be within the fall zone when a load secondary mechanism or device
a combination of warning signs (such as is being landed. designed to prevent the boom from
DangerSwing/Crush Zone) and high (e) During a tilt-up or tilt-down falling in the event the primary system
visibility markings on the equipment operation: used to hold or regulate the boom hoist
that identify the hazard areas. In (1) No employee must be directly fails, as follows:
addition, the employer must train each under the load. (1) Friction drums must have:
employee to understand what these (2) Only employees essential to the (i) A friction clutch and, in addition,
markings signify. operation are permitted in the fall zone a braking device, to allow for controlled
(3) Protecting employees in the hazard (but not directly under the load). An boom lowering.
area. employee is essential to the operation if (ii) A secondary braking or locking
(i) Before an employee goes to a the employee is conducting one of the device, which is manually or
location in the hazard area that is out of following operations and the employer automatically engaged, to back-up the
view of the operator, the employee (or can demonstrate it is infeasible for the primary brake while the boom is held
someone instructed by the employee) employee to perform that operation (such as a secondary friction brake or a
must ensure that the operator is from outside the fall zone: (1) Physically ratchet and pawl device).
informed that he/she is going to that guide the load; (2) closely monitor and (2) Hydraulic drums must have an
location. give instructions regarding the loads integrally mounted holding device or
(ii) Where the operator knows that an movement; or (3) either detach it from internal static brake to prevent boom
employee went to a location covered by or initially attach it to another hoist movement in the event of
paragraph (a)(1) of this section, the component or structure (such as, but not hydraulic failure.
operator must not rotate the limited to, making an initial connection (3) Neither clutches nor hydraulic
superstructure until the operator is or installing bracing). motors must be considered brake or
informed in accordance with a pre- Note: Boom free fall is prohibited when an locking devices for purposes of this
arranged system of communication that employee is in the fall zone of the boom or subpart.
the employee is in a safe position. load, and load line free fall is prohibited (4) Hydraulic boom cylinders must
(b) Where any part of a crane/derrick when an employee is directly under the load; have an integrally mounted holding
is within the working radius of another see 1926.1426. device.
crane/derrick, the controlling entity (c) Preventing uncontrolled retraction.
must institute a system to coordinate 1926.1426 Free fall and controlled load Hydraulic telescoping booms must have
operations. If there is no controlling lowering. an integrally mounted holding device to
entity, the employer (if there is only one (a) Boom free fall prohibitions. prevent the boom from retracting in the
employer operating the multiple pieces (1) The use of equipment in which the event of hydraulic failure.
of equipment), or employers, must boom is designed to free fall (live boom) (d) Load line free fall. In each of the
institute such a system. is prohibited in each of the following following circumstances, controlled
circumstances: load lowering is required and free fall of
1926.1425 Keeping clear of the load. (i) An employee is in the fall zone of the load line hoist is prohibited:
(a) Where available, hoisting routes the boom or load. (1) An employee is directly under the
that minimize the exposure of
(ii) An employee is being hoisted. load.

employees to hoisted loads must be (iii) The load or boom is directly over (2) An employee is being hoisted.
used, to the extent consistent with a power line, or over any part of the area (3) The load is directly over a power
public safety. extending the Table A of 1926.1408 line, or over any part of the area
(b) While the operator is not moving clearance distance to each side of the extending the Table A of 1926.1408
a suspended load, no employee must be power line; or any part of the area clearance distance to each side of the
within the fall zone, except for extending the Table A clearance power line; or any part of the area
employees: distance to each side of the power line extending the Table A of 1926.1408
clearance distance to each side of the and skills listed in paragraphs (j)(1) and (D) The audit must be conducted in
power line is within the radius of (2) of this section. accordance with nationally recognized
vertical travel of the load. (B) Provide different levels of auditing standards.
(4) The load is over a shaft. certification based on equipment (2) Administration of tests.
(5) The load is over a cofferdam, capacity and type. (i) The written and practical tests
except where there are no employees in (iii) Have procedures for operators to must be administered under
the fall zone of the load. re-apply and be re-tested in the event an circumstances approved by the auditor
operator applicant fails a test or is as meeting nationally recognized test
1926.1427 Operator qualification and administration standards.
certification. decertified.
(iv) Have testing procedures for re- (ii) The auditor must be certified to
(a) The employer must ensure that, evaluate the administration of the
certification designed to ensure that the
prior to operating any equipment written and practical tests by an
operator continues to meet the technical
covered under subpart CC, the person is accredited crane operator testing
knowledge and skills requirements in
operating the equipment during a organization (see paragraph (b) of this
paragraphs (j)(1) and (2) of this section.
training period in accordance with section).
(v) Have its accreditation reviewed by
paragraph (f) of this section, or the (iii) The auditor must not be an
the nationally recognized accrediting
operator is qualified or certified to employee of the employer.
agency at least every three years.
operate the equipment in accordance (iv) The audit must be conducted in
(2) An operator will be deemed
with the following: accordance with nationally recognized
(1) When a non-military government qualified to operate a particular piece of
equipment if the operator is certified auditing standards.
entity issues operator licenses for (3) The employer program must be
equipment covered under subpart CC, under paragraph (b) of this section for
that type and capacity of equipment or audited within 3 months of the
and that government licensing program beginning of the program and at least
meets the requirements of paragraphs for higher-capacity equipment of that
type. If no accredited testing agency every 3 years thereafter.
(e)(2) and (j) of this section, the (4) The employer program must have
equipment operator must either be: offers certification examinations for a
testing procedures for re-qualification
(i) Licensed by that government entity particular type and/or capacity of
designed to ensure that the operator
for operation of equipment within that equipment, an operator will be deemed
continues to meet the technical
entitys jurisdiction; or qualified to operate that equipment if
knowledge and skills requirements in
(ii) qualified in compliance with the operator has been certified for the
paragraphs (j)(1) and (2) of this section.
paragraph (d) of this section. type/capacity that is most similar to that
The re-qualification procedures must be
(2) Where paragraph (a)(1) of this equipment and for which a certification
audited in accordance with paragraphs
section is not applicable, the examination is available. The operators
(c)(1) and (2) of this section.
certification or qualification must certificate must state the type/capacity
(5) Deficiencies. If the auditor
comply with one of the options in of equipment for which the operator is
determines that there is a significant
paragraphs (b) through (d) of this certified.
deficiency (deficiency) in the program,
section. (3) A certification issued under this
the employer must ensure that:
(3) Exceptions: Operator qualification option is portable and meets the (i) No operator is qualified until the
or certification under this section is not requirements of paragraph (a)(2) of this auditor confirms that the deficiency has
required for operators of derricks (see section. been corrected.
1926.1436), sideboom cranes (see (4) A certification issued under this (ii) The program is audited again
1926.1440), or equipment with a paragraph is valid for 5 years. within 180 days of the confirmation that
maximum manufacturer-rated hoisting/ (c) Option (2): Qualification by an the deficiency was corrected.
lifting capacity of 2,000 pounds or less audited employer program. The (iii) The auditor files a documented
(see 1926.1441). employers qualification of its employee report of the deficiency to the
(4) Whenever operator qualification or must meet the following requirements: appropriate Regional Office of the
certification is required under (1) The written and practical tests Occupational Safety and Health
1926.1427, the employer must provide must be either: Administration within 15 days of the
the qualification or certification at no (i) Developed by an accredited crane auditors determination that there is a
cost to operators who are employed by operator testing organization (see deficiency.
the employer on November 8, 2010. paragraph (b) of this section); or (iv) Records of the audits of the
(b) Option (1): Certification by an (ii) Approved by an auditor in employers program are maintained by
accredited crane operator testing accordance with the following the auditor for three years and are made
organization. requirements: available by the auditor to the Secretary
(1) For a testing organization to be (A) The auditor is certified to evaluate of Labor or the Secretarys designated
considered accredited to certify such tests by an accredited crane representative upon request.
operators under this subpart, it must: operator testing organization (see (6) A qualification under this
(i) Be accredited by a nationally paragraph (b) of this section). paragraph is:
recognized accrediting agency based on (B) The auditor is not an employee of (i) Not portable. Such a qualification
that agencys determination that the employer. meets the requirements of paragraph (a)
industry recognized criteria for written (C) The approval must be based on the of this section only where the operator
auditors determination that the written
testing materials, practical is employed by (and operating the

examinations, test administration, and practical tests meet nationally equipment for) the employer that issued
grading, facilities/equipment and recognized test development criteria the qualification.
personnel have been met. and are valid and reliable in assessing (ii) Valid for 5 years.
(ii) Administer written and practical the operator applicants regarding, at a (d) Option (3): Qualification by the
tests that: minimum, the knowledge and skills U.S. military.
(A) Assess the operator applicant listed in paragraphs (j)(1) and (2) of this (1) For purposes of this section, an
regarding, at a minimum, the knowledge section. operator who is an employee of the U.S.
military is considered qualified if he/ where the requirements of this lifting accessories), if operated up to the
she has a current operator qualification paragraph are met. equipments maximum working radius
issued by the U.S. military for operation (1) The employer must provide each in the work zone (see 1926.1408(a)(1)),
of the equipment. An employee of the operator-in-training with sufficient could get within 20 feet of a power line
U.S. military is a Federal employee of training prior to operating the that is up to 350 kV, or within 50 feet
the Department of Defense or Armed equipment to enable the operator-in- of a power line that is over 350 kV.
Forces and does not include employees training to operate the equipment safely (ii) If the equipment is used to hoist
of private contractors. under limitations established by this personnel.
(2) A qualification under this section (including continuous (iii) In multiple-equipment lifts.
paragraph is: monitoring) and any additional (iv) If the equipment is used over a
(i) Not portable. Such a qualification limitations established by the employer. shaft, cofferdam, or in a tank farm.
meets the requirements of paragraph (a) (2) The tasks performed by the (v) In multiple-lift rigging operations,
of this section only where the operator operator-in-training while operating the except where the operators trainer
is employed by (and operating the equipment must be within the operator- determines that the operator-in-training
equipment for) the employer that issued in-trainings ability. skills are sufficient for this high-skill
the qualification. (3) Trainer. While operating the work.
(ii) Valid for the period of time equipment, the operator-in-training (g) Under this section, a testing entity
stipulated by the issuing entity. must be continuously monitored by an is permitted to provide training as well
(e) Option (4): Licensing by a individual (operators trainer) who as testing services as long as the criteria
government entity. meets all of the following requirements: of the applicable accrediting agency (in
(1) For purposes of this section, a (i) The operators trainer is an the option selected) for an organization
government licensing department/office employee or agent of the operator-in- providing both services are met.
that issues operator licenses for trainings employer. (h) Language and Literacy
operating equipment covered by this (ii) The operators trainer is either a Requirements.
certified operator under this section, or (1) Tests under this section may be
standard is considered a government
has passed the written portion of a administered verbally, with answers
accredited crane operator testing
certification test under one of the given verbally, where the operator
organization if the criteria in paragraph
options in paragraphs (b) through (e) of candidate:
(e)(2) of this section are met.
this section, and is familiar with the (i) Passes a written demonstration of
(2) Licensing criteria.
proper use of the equipments controls. literacy relevant to the work.
(i) The requirements for obtaining the (ii) Demonstrates the ability to use the
(iii) While monitoring the operator-in-
license include an assessment, by type of written manufacturer procedures
training, the operators trainer performs
written and practical tests, of the applicable to the class/type of
no tasks that detract from the trainers
operator applicant regarding, at a equipment for which the candidate is
ability to monitor the operator-in-
minimum, the knowledge and skills seeking certification.
training.
listed in paragraphs (j)(1) and (2) of this (iv) For equipment other than tower (2) Tests under this section may be
section. cranes: The operators trainer and the administered in any language the
(ii) The testing meets industry operator-in-training must be in direct operator candidate understands, and the
recognized criteria for written testing line of sight of each other. In addition, operators certificate must note the
materials, practical examinations, test they must communicate verbally or by language in which the test was given.
administration, grading, facilities/ hand signals. For tower cranes: The The operator is qualified under
equipment and personnel. operators trainer and the operator-in- paragraph (b)(2) of this section to
(iii) The government authority that training must be in direct operate equipment that is furnished
oversees the licensing department/ communication with each other. with materials required by this subpart
office, has determined that the (4) Continuous monitoring. The that are written in the language of the
requirements in paragraphs (e)(2)(i) and operator-in-training must be monitored certification. The operator may only
(ii) of this section have been met. by the operators trainer at all times, operate equipment furnished with such
(iv) The licensing department/office except for short breaks where all of the materials.
has testing procedures for re-licensing following are met: (i) [Reserved.]
designed to ensure that the operator (i) The break lasts no longer than 15 (j) Certification criteria. Qualifications
continues to meet the technical minutes and there is no more than one and certifications must be based, at a
knowledge and skills requirements in break per hour. minimum, on the following:
paragraphs (j)(1) and (2) of this section. (ii) Immediately prior to the break the (1) A determination through a written
(3) A license issued by a government operators trainer informs the operator- test that:
accredited crane operator testing in-training of the specific tasks that the (i) The individual knows the
organization that meets the operator-in-training is to perform and information necessary for safe operation
requirements of this option: limitations to which he/she must adhere of the specific type of equipment the
(i) Meets the operator qualification during the operator trainers break. individual will operate, including all of
requirements of this section for (iii) The specific tasks that the the following:
operation of equipment only within the operator-in-training will perform during (A) The controls and operational/
jurisdiction of the government entity. the operator trainers break are within performance characteristics.
(ii) Is valid for the period of time
the operator-in-trainings abilities. (B) Use of, and the ability to calculate
stipulated by the licensing department/ (5) The operator-in-training must not (manually or with a calculator), load/
office, but no longer than 5 years. operate the equipment in any of the capacity information on a variety of
(f) Pre-qualification/certification following circumstances unless the configurations of the equipment.
training period. An employee who is not exception stated in paragraph (f)(5)(v) of (C) Procedures for preventing and
qualified or certified under this section this section is applicable: responding to power line contact.
is permitted to operate equipment only (i) If any part of the equipment, load (D) Technical knowledge similar to
as an operator-in-training and only line or load (including rigging and the subject matter criteria listed in
Appendix C of this subpart applicable to Evaluator (third party), 1926.1401 for (1) The operation is limited to those
the specific type of equipment the definition) showing that the signal functions necessary to perform
individual will operate. Use of the person meets the Qualification maintenance, inspect the equipment, or
Appendix C criteria meets the Requirements (see paragraph (c) of this verify its performance.
requirements of this provision. section). (2) The personnel either:
(E) Technical knowledge applicable (2) Option (2)Employers qualified (i) Operate the equipment under the
to: evaluator. The employers qualified (see direct supervision of an operator who
(1) The suitability of the supporting Qualified Evaluator (not a third party), meets the requirements of 1926.1427
ground and surface to handle expected 1926.1401 for definition) evaluator (Operator qualification and
loads. assesses the individual and determines certification); or
(2) Site hazards. that the individual meets the (ii) Are familiar with the operation,
(3) Site access. Qualification Requirements (see limitations, characteristics and hazards
(F) This subpart, including applicable paragraph (c) of this section) and associated with the type of equipment.
incorporated materials. provides documentation of that (b) Maintenance and repair personnel
(ii) The individual is able to read and determination. An assessment by an must meet the definition of a qualified
locate relevant information in the employers qualified evaluator under person with respect to the equipment
equipment manual and other materials this option is not portableother and maintenance/repair tasks
containing information referred to in employers are not permitted to use it to performed.
paragraph (j)(1)(i) of this section. meet the requirements of this section.
(2) A determination through a 1926.1430 Training.
(3) The employer must make the
practical test that the individual has the The employer must provide training
documentation for whichever option is
skills necessary for safe operation of the as follows:
used available at the site while the (a) Overhead powerlines. The
equipment, including the following: signal person is employed by the
(i) Ability to recognize, from visual employer must train each employee
employer. The documentation must specified in 1926.1408(g) and
and auditory observation, the items specify each type of signaling (e.g. hand
listed in 1926.1412(d) (shift 1926.1410(m) in the topics listed in
signals, radio signals, etc.) for which the 1926.1408(g).
inspection). signal person meets the requirements of
(ii) Operational and maneuvering (b) Signal persons. The employer
paragraph (c) of this section. must train each employee who will be
skills.
(b) If subsequent actions by the signal assigned to work as a signal persons
(iii) Application of load chart
person indicate that the individual does who does not meet the requirements of
information.
not meet the Qualification Requirements 1926.1428(c) in the areas addressed in
(iv) Application of safe shut-down
(see paragraph (c) of this section), the that paragraph.
and securing procedures.
(k) Phase-in. employer must not allow the individual (c) Operators.
(1) The provisions of this section are to continue working as a signal person (1) Operators-in-Training for
applicable November 8, 2010, except for until re-training is provided and a re- equipment where certification or
paragraphs (a)(2) and (f) which are assessment is made in accordance with qualification is required by this subpart.
applicable November 10, 2014. paragraph (a) of this section that The employer must train each operator-
(2) When 1926.1427(a)(1) is not confirms that the individual meets the in-training in the areas addressed in
applicable, all of the requirements in Qualification Requirements. 1926.1427(j). The employer must
paragraphs (k)(2)(i) and (ii) of this (c) Qualification Requirements. Each provide re-training if the operator-in-
section apply until November 10, 2014: signal person must: training does not pass a qualification or
(i) The employer must ensure that (1) Know and understand the type of certification test.
operators of equipment covered by this signals used. If hand signals are used, (2) Transitional Period. During the
standard are competent to operate the the signal person must know and four-year phase-in period for operator
equipment safely. understand the Standard Method for certification or qualification, as
(ii) Where an employee assigned to hand signals. provided in 1926.1427(k), employers
operate machinery does not have the (2) Be competent in the application of must train each operator who has not
required knowledge or ability to operate the type of signals used. yet been certified or qualified in the
the equipment safely, the employer (3) Have a basic understanding of areas addressed in 1926.1427(j).
must train that employee prior to equipment operation and limitations, (3) Operators excepted from the
operating the equipment. The employer including the crane dynamics involved requirements of 1926.1427. The
must ensure that each operator is in swinging and stopping loads and employer must train each operator
evaluated to confirm that he/she boom deflection from hoisting loads. excepted under 1926.1427(a) from the
understands the information provided (4) Know and understand the relevant requirements of 1926.1427 on the safe
in the training. requirements of 1926.1419 through operation of the equipment the operator
1926.1422 and 1926.1428. will be using.
1926.1428 Signal person qualifications. (5) Demonstrate that he/she meets the (4) The employer must train each
(a) The employer of the signal person requirements in paragraphs (c)(1) operator of the equipment covered by
must ensure that each signal person through (4) of this section through an this subpart in the following practices:
meets the Qualification Requirements oral or written test, and through a (i) On friction equipment, whenever
moving a boom off a support, first raise
(paragraph (c) of this section) prior to practical test.

giving any signals. This requirement the boom a short distance (sufficient to
must be met by using either Option (1) 1926.1429 Qualifications of maintenance take the load of the boom) to determine
or Option (2) of this section. & repair employees. if the boom hoist brake needs to be
(1) Option (1)Third party qualified (a) Maintenance, inspection and adjusted. On other types of equipment
evaluator. The signal person has repair personnel are permitted to with a boom, the same practice is
documentation from a third party operate the equipment only where all of applicable, except that typically there is
qualified evaluator (see Qualified the following requirements are met: no means of adjusting the brake; if the
brake does not hold, a repair is (2) Exceptions: A personnel platform (i) Equipment (except for derricks and
necessary. See 1926.1417(f) and (j) for is not required for hoisting employees: articulating cranes) with a variable angle
additional requirements. (i) Into and out of drill shafts that are boom must be equipped with all of the
(ii) Where available, the up to and including 8 feet in diameter following:
manufacturers emergency procedures (see paragraph (o) of this section for (A) A boom angle indicator, readily
for halting unintended equipment requirements for hoisting these visible to the operator, and
movement. employees). (B) A boom hoist limiting device.
(d) Competent persons and qualified (ii) In pile driving operations (see (ii) Articulating cranes must be
persons. The employer must train each paragraph (p) of this section for equipped with a properly functioning
competent person and each qualified requirements for hoisting these automatic overload protection device.
person regarding the requirements of employees). (iii) Equipment with a luffing jib must
this subpart applicable to their (iii) Solely for transfer to or from a be equipped with:
respective roles. marine worksite in a marine-hoisted (A) A jib angle indicator, readily
(e) Crush/pinch points. The employer personnel transfer device (see paragraph visible to the operator, and.
must train each employee who works (r) of this section for requirements for (B) A jib hoist limiting device.
with the equipment to keep clear of hoisting these employees). (iv) Equipment with telescoping
holes, and crush/pinch points and the (iv) In storage-tank (steel or concrete), booms must be equipped with a device
hazards addressed in 1926.1424 (Work shaft and chimney operations (see to indicate the booms extended length
area control). paragraph (s) of this section for clearly to the operator, or must have
(f) Tag-out. The employer must train requirements for hoisting these measuring marks on the boom.
each operator and each additional employees). (v) Anti two-block. A device which
employee authorized to start/energize (c) Equipment set-up. automatically prevents damage and load
equipment or operate equipment (1) The equipment must be uniformly failure from contact between the load
controls (such as maintenance and level, within one percent of level grade, block, overhaul ball, or similar
repair employees), in the tag-out and and located on footing that a qualified component, and the boom tip (or fixed
start-up procedures in 1926.1417(f) person has determined to be sufficiently upper block or similar component) must
and (g). firm and stable. be used. The device(s) must prevent
(g) Training administration. (2) Equipment with outriggers or such damage/failure at all points where
(1) The employer must evaluate each stabilizers must have them all extended two-blocking could occur. Exception:
employee required to be trained under and locked. The amount of extension This device is not required when
this subpart to confirm that the must be the same for all outriggers and hoisting personnel in pile driving
employee understands the information stabilizers and in accordance with operations. Instead, paragraph (p)(2) of
provided in the training. manufacturer procedures and load this section specifies how to prevent
(2) The employer must provide two-blocking during such operations.
charts.
refresher training in relevant topics for (vi) Controlled load lowering. The
(d) Equipment criteria.
each employee when, based on the load line hoist drum must have a
(1) Capacity: Use of suspended
conduct of the employee or an system, other than the load line hoist
personnel platforms. The total load
evaluation of the employees brake, which regulates the lowering rate
(with the platform loaded, including the
knowledge, there is an indication that of speed of the hoist mechanism. This
hook, load line and rigging) must not
retraining is necessary. system or device must be used when
(3) Whenever training is required exceed 50 percent of the rated capacity
for the radius and configuration of the hoisting personnel.
under subpart CC, the employer must
provide the training at no cost to the equipment, except during proof testing. Note: Free fall of the load line hoist is
employee. (2) Capacity: Use of boom-attached prohibited (see 1926.1426(d); the use of
personnel platforms. The total weight of equipment in which the boom hoist
1926.1431 Hoisting personnel. the loaded personnel platform must not mechanism can free fall is also prohibited
exceed 50 percent of the rated capacity (see 1926.1426(a)(1).
The requirements of this section are
supplemental to the other requirements for the radius and configuration of the (vii) Proper operation required.
in this subpart and apply when one or equipment (except during proof testing). Personnel hoisting operations must not
more employees are hoisted. (3) Capacity: Hoisting personnel begin unless the devices listed in this
(a) The use of equipment to hoist without a personnel platform. When section are in proper working order. If
employees is prohibited except where hoisting personnel without a personnel a device stops working properly during
the employer demonstrates that the platform pursuant to paragraph (b)(2) of such operations, the operator must
erection, use, and dismantling of this section, the total load (including the safely stop operations. Personnel
conventional means of reaching the hook, load line, rigging and any other hoisting operations must not resume
work area, such as a personnel hoist, equipment that imposes a load) must until the device is again working
ladder, stairway, aerial lift, elevating not exceed 50 percent of the rated properly. Alternative measures are not
work platform, or scaffold, would be capacity for the radius and permitted. (See 1926.1417 for tag-out
more hazardous, or is not possible configuration of the equipment, except and related requirements.)
because of the projects structural design during proof testing. (6) Direct attachment of a personnel
or worksite conditions. This paragraph (4) When the occupied personnel platform to a luffing jib is prohibited.
platform is in a stationary working (e) Personnel platform criteria.
does not apply to work covered by

subpart R (Steel Erection) of this part. position, the load and boom hoist (1) A qualified person familiar with
(b) Use of personnel platform. brakes, swing brakes, and operator structural design must design the
(1) When using equipment to hoist actuated secondary braking and locking personnel platform and attachment/
employees, the employees must be in a features (such as pawls or dogs) or suspension system used for hoisting
personnel platform that meets the automatic secondary brakes must be personnel.
requirements of paragraph (e) of this engaged. (2) The system used to connect the
section. (5) Devices. personnel platform to the equipment
must allow the platform to remain (i) Personnel platforms must be used be used only for the platform and the
within 10 degrees of level, regardless of only for employees, their tools, and the necessary employees, their tools and
boom angle. materials necessary to do their work. materials necessary to do their work.
(3) The suspension system must be Platforms must not be used to hoist The bridles and associated rigging must
designed to minimize tipping of the materials or tools when not hoisting not have been used for any purpose
platform due to movement of employees personnel. other than hoisting personnel.
occupying the platform. (ii) Exception: Materials and tools to (h) Trial lift and inspection.
(4) The personnel platform itself be used during the lift, if secured and (1) A trial lift with the unoccupied
(excluding the guardrail system and distributed in accordance with personnel platform loaded at least to the
personal fall arrest system anchorages), paragraph (f)(3) of this section may be anticipated liftweight must be made
must be capable of supporting, without in the platform for trial lifts. from ground level, or any other location
failure, its own weight and at least five (3) Materials and tools must be: where employees will enter the
times the maximum intended load. (i) Secured to prevent displacement. platform, to each location at which the
(5) All welding of the personnel (ii) Evenly distributed within the platform is to be hoisted and positioned.
platform and its components must be confines of the platform while it is Where there is more than one location
performed by a certified welder familiar suspended. to be reached from a single set-up
with the weld grades, types and material (4) The number of employees position, either individual trial lifts for
specified in the platform design. occupying the personnel platform must each location, or a single trial lift, in
(6) The personnel platform must be not exceed the maximum number the which the platform is moved
equipped with a guardrail system which platform was designed to hold or the sequentially to each location, must be
meets the requirements of subpart M of number required to perform the work, performed; the method selected must be
this part, and must be enclosed at least whichever is less. the same as the method that will be
from the toeboard to mid-rail with either (g) Attachment and rigging.
(1) Hooks and other detachable used to hoist the personnel.
solid construction material or expanded (2) The trial lift must be performed
devices.
metal having openings no greater than (i) Hooks used in the connection immediately prior to each shift in which
12 inch (1.27 cm). Points to which
between the hoist line and the personnel will be hoisted. In addition,
personal fall arrest systems are attached personnel platform (including hooks on the trial lift must be repeated prior to
must meet the anchorage requirements overhaul ball assemblies, lower load hoisting employees in each of the
in subpart M of this part. blocks, bridle legs, or other attachment following circumstances:
(7) A grab rail must be installed inside assemblies or components) must be: (i) The equipment is moved and set
the entire perimeter of the personnel (A) Of a type that can be closed and up in a new location or returned to a
platform except for access gates/doors. locked, eliminating the throat opening. previously used location.
(8) Access gates/doors. If installed, (B) Closed and locked when attached. (ii) The lift route is changed, unless
access gates/doors of all types (ii) Shackles used in place of hooks the competent person determines that
(including swinging, sliding, folding, or must be of the alloy anchor type, with the new route presents no new factors
other types) must: either: affecting safety.
(i) Not swing outward. If due to the (A) A bolt, nut and retaining pin, in (3) The competent person must
size of the personnel platform, such as place; or determine that:
a 1-person platform, it is infeasible for (B) Of the screw type, with the screw (i) Safety devices and operational aids
the door to swing inward and allow safe pin secured from accidental removal. required by this section are activated
entry for the platform occupant, then (iii) Where other detachable devices and functioning properly. Other safety
the access gate/door may swing are used, they must be of the type that devices and operational aids must meet
outward. can be closed and locked to the same the requirements of 1926.1415 and
(ii) Be equipped with a device that extent as the devices addressed in 1926.1416.
prevents accidental opening. paragraphs (g)(1)(i) and (ii) of this (ii) Nothing interferes with the
(9) Headroom must be sufficient to section. Such devices must be closed equipment or the personnel platform in
allow employees to stand upright in the and locked when attached. the course of the trial lift.
platform. (2) Rope bridle. When a rope bridle is (iii) The lift will not exceed 50
(10) In addition to the use of hard used to suspend the personnel platform, percent of the equipments rated
hats, employees must be protected by each bridle leg must be connected to a capacity at any time during the lift.
overhead protection on the personnel master link or shackle (see paragraph (iv) The load radius to be used during
platform when employees are exposed (g)(1) of this section) in a manner that the lift has been accurately determined.
to falling objects. The platform overhead ensures that the load is evenly divided (4) Immediately after the trial lift, the
protection must not obscure the view of among the bridle legs. competent person must:
the operator or platform occupants (3) Rigging hardware (including wire (i) Conduct a visual inspection of the
(such as wire mesh that has up to 12 rope, shackles, rings, master links, and equipment, base support or ground, and
inch openings), unless full protection is other rigging hardware) and hooks must personnel platform, to determine
necessary. be capable of supporting, without whether the trial lift has exposed any
(11) All edges exposed to employee failure, at least five times the maximum defect or problem or produced any
contact must be smooth enough to intended load applied or transmitted to adverse effect.
prevent injury. that component. Where rotation (ii) Confirm that, upon the completion
(12) The weight of the platform and resistant rope is used, the slings must be of the trial lift process, the test weight
its rated capacity must be conspicuously capable of supporting without failure at has been removed.
posted on the platform with a plate or least ten times the maximum intended (5) Immediately prior to each lift:
other permanent marking. load. (i) The platform must be hoisted a few
(f) Personnel platform loading. (4) Eyes in wire rope slings must be inches with the personnel and
(1) The personnel platform must not fabricated with thimbles. materials/tools on board and inspected
be loaded in excess of its rated capacity. (5) Bridles and associated rigging for by a competent person to ensure that it
(2) Use. suspending the personnel platform must is secure and properly balanced.
(ii) The following conditions must be (iii) Not pull the platform out of over or near water, the requirements of
determined by a competent person to plumb in relation to the hoisting 1926.106 apply.
exist before the lift of personnel equipment. (ii) The fall arrest system, including
proceeds: (3) Before employees exit or enter a the attachment point (anchorage) used
(A) Hoist ropes must be free of hoisted personnel platform that is not to comply with paragraph (i) of this
deficiencies in accordance with landed, the platform must be secured to section, must meet the requirements in
1926.1413(a). the structure where the work is to be 1926.502.
(B) Multiple part lines must not be performed, unless the employer can (11) Other load lines.
twisted around each other. demonstrate that securing to the (i) No lifts must be made on any other
(C) The primary attachment must be structure would create a greater hazard. of the equipments load lines while
centered over the platform. (4) If the platform is tied to the personnel are being hoisted, except in
(D) If the load rope is slack, the structure, the operator must not move pile driving operations.
hoisting system must be inspected to the platform until the operator receives (ii) Factory-produced boom-mounted
ensure that all ropes are properly seated confirmation that it is freely suspended. personnel platforms that incorporate a
on drums and in sheaves. (5) Tag lines must be used when winch as original equipment. Loads are
(6) Any condition found during the necessary to control the platform. permitted to be hoisted by such a winch
trial lift and subsequent inspection(s) (6) Platforms without controls. Where while employees occupy the personnel
that fails to meet a requirement of this the platform is not equipped with platform only where the load on the
standard or otherwise creates a safety controls, the equipment operator must winch line does not exceed 500 pounds
hazard must be corrected before hoisting remain at the equipment controls, on and does not exceed the rated capacity
personnel. (See 1926.1417 for tag-out site, and in view of the equipment, at all of the winch and platform.
and related requirements.) times while the platform is occupied. (12) Travelingequipment other than
(i) [Reserved.] (7) Platforms with controls. Where the derricks.
(j) Proof testing. platform is equipped with controls, all (i) Hoisting of employees while the
(1) At each jobsite, prior to hoisting equipment is traveling is prohibited,
of the following must be met at all times
employees on the personnel platform, except for:
while the platform is occupied:
and after any repair or modification, the (A) Equipment that travels on fixed
(i) The occupant using the controls in
platform and rigging must be proof rails; or
the platform must be a qualified person
tested to 125 percent of the platforms (B) Where the employer demonstrates
with respect to their use, including the
rated capacity. The proof test may be that there is no less hazardous way to
safe limitations of the equipment and
done concurrently with the trial lift. perform the work.
(2) The platform must be lowered by hazards associated with its operation.
(C) This exception does not apply to
controlled load lowering, braked, and (ii) The equipment operator must be
rubber-tired equipment.
held in a suspended position for a at a set of equipment controls that
(ii) Where employees are hoisted
minimum of five minutes with the test include boom and swing functions of
while the equipment is traveling, all of
load evenly distributed on the platform. the equipment, and must be on site and
the following criteria must be met:
(3) After proof testing, a competent in view of the equipment. (A) Equipment travel must be
person must inspect the platform and (iii) The platform operating manual restricted to a fixed track or runway.
rigging to determine if the test has been must be in the platform or on the (B) Where a runway is used, it must
passed. If any deficiencies are found equipment. be a firm, level surface designed,
that pose a safety hazard, the platform (8) Environmental conditions. prepared and designated as a path of
and rigging must not be used to hoist (i) Wind. When wind speed (sustained travel for the weight and configuration
personnel unless the deficiencies are or gusts) exceeds 20 mph at the of the equipment being used to lift and
corrected, the test is repeated, and a personnel platform, a qualified person travel with the personnel platform. An
competent person determines that the must determine if, in light of the wind existing surface may be used as long as
test has been passed. (See 1926.1417 conditions, it is not safe to lift it meets these criteria.
for tag-out and related requirements.) personnel. If it is not, the lifting (C) Equipment travel must be limited
(4) Personnel hoisting must not be operation must not begin (or, if already to boom length.
conducted until the competent person in progress, must be terminated). (D) The boom must be parallel to the
determines that the platform and rigging (ii) Other weather and environmental direction of travel, except where it is
have successfully passed the proof test. conditions. A qualified person must safer to do otherwise.
(k) Work practices. determine if, in light of indications of (E) A complete trial run must be
(1) Hoisting of the personnel platform dangerous weather conditions, or other performed to test the route of travel
must be performed in a slow, controlled, impending or existing danger, it is not before employees are allowed to occupy
cautious manner, with no sudden safe to lift personnel. If it is not, the the platform. This trial run can be
movements of the equipment or the lifting operation must not begin (or, if performed at the same time as the trial
platform. already in progress, must be lift required by paragraph (h) of this
(2) Platform occupants must: terminated). section which tests the lift route.
(i) Keep all parts of the body inside (9) Employees being hoisted must (13) Travelingderricks. Derricks are
the platform during raising, lowering, remain in direct communication with prohibited from traveling while
and horizontal movement. This the signal person (where used), or the personnel are hoisted.
operator.
provision does not apply to an occupant (l) [Reserved.]

of the platform when necessary to (10) Fall protection. (m) Pre-lift meeting. A pre-lift meeting
position the platform or while (i) Except over water, employees must be:
performing the duties of a signal person. occupying the personnel platform must (1) Held to review the applicable
(ii) Not stand, sit on, or work from the be provided and use a personal fall requirements of this section and the
top or intermediate rail or toeboard, or arrest system. The system must be procedures that will be followed.
use any other means/device to raise attached to a structural member within (2) Attended by the equipment
their working height. the personnel platform. When working operator, signal person (if used for the
lift), employees to be hoisted, and the Clearly mark the cable (so that it can be (s) Hoisting personnel for storage-tank
person responsible for the task to be easily seen by the operator) at a point (steel or concrete), shaft and chimney
performed. that will give the operator sufficient operations. When hoisting an employee
(3) Held prior to the trial lift at each time to stop the hoist to prevent two- in storage tank (steel or concrete), shaft
new work location, and must be blocking, and use a spotter who is in and chimney operations, the following
repeated for any employees newly direct communication with the operator requirements must be met:
assigned to the operation. to inform the operator when this point (1) The employee must be in a
(n) Hoisting personnel near power is reached. personnel platform except when the
lines. Hoisting personnel within 20 feet (3) If using a personnel platform, employer can demonstrate that use of a
of a power line that is up to 350 kV, and paragraphs (b) through (n) of this personnel platform is infeasible; in such
hoisting personnel within 50 feet of a section apply. a case, a boatswains chair must be used.
power line that is over 350 kV, is (4) If using a boatswains chair: (2) If using a personnel platform,
prohibited, except for work covered by (i) The following paragraphs of this paragraphs (a) through (n) of this section
subpart V of this part (Power section apply: (a), (c), (d)(1), (d)(3), apply.
Transmission and Distribution). (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), (3) If using a boatswains chair:
(o) Hoisting personnel in drill shafts. (f)(3)(i), (g), (h), (j), (k)(1), (k)(6), (k)(8), (i) The following paragraphs of this
When hoisting employees into and out (k)(9), (k)(11)(i), (m), and (n). Where the section apply: (a), (c), (d)(1), (d)(3),
of drill shafts that are up to and terms personnel platform or platform (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i),
including 8 feet in diameter, all of the are used in these paragraphs, substitute (f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8),
following requirements must be met: them with boatswains chair. (k)(9), (k)(11)(i), (m), (n). Where the
(1) The employee must be in either a (ii) The employee must be hoisted in terms personnel platform or platform
personnel platform or on a boatswains a slow, controlled descent and ascent. are used in these paragraphs, substitute
chair. (iii) The employee must use personal them with boatswains chair.
(2) If using a personnel platform, fall protection equipment, including a (ii) The employee must be hoisted in
paragraphs (a) through (n) of this section full body harness, independently a slow, controlled descent and ascent.
apply. attached to the lower load block or (iii) The employee must use personal
(3) If using a boatswains chair: overhaul ball. fall protection equipment, including a
(i) The following paragraphs of this (iv) The fall protection equipment
full body harness, attached independent
section apply: (a), (c), (d)(1), (d)(3), must meet the applicable requirements
of the crane/derrick. When there is no
(d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), in 1926.502.
(v) The boatswains chair itself adequate structure for attachment of
(f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), personal fall arrest equipment as
(excluding the personal fall arrest
(k)(9), (k)(11)(i), (m), (n). Where the required in 1926.502(d)(15), the
system anchorages), must be capable of
terms personnel platform or platform attachment must be to the lower load
supporting, without failure, its own
are used in these paragraphs, substitute block or overhaul ball.
weight and at least five times the
them with boatswains chair. (iv) The fall protection equipment
(ii) A signal person must be stationed maximum intended load.
(vi) No more than one person must be must meet the applicable requirements
at the shaft opening. in 1926.502.
hoisted at a time.
(iii) The employee must be hoisted in (q) [Reserved.] (v) The boatswains chair itself
a slow, controlled descent and ascent. (r) Hoisting personnel for marine (excluding the personal fall arrest
(iv) The employee must use personal transfer. When hoisting employees system anchorages), must be capable of
fall protection equipment, including a solely for transfer to or from a marine supporting, without failure, its own
full body harness, attached independent worksite, the following requirements weight and at least five times the
of the crane/derrick. must be met: maximum intended load.
(v) The fall protection equipment (1) The employee must be in either a (vi) No more than one person must be
must meet the applicable requirements personnel platform or a marine-hoisted hoisted at a time.
in 1926.502. personnel transfer device.
(vi) The boatswains chair itself 1926.1432 Multiple-crane/derrick lifts
(2) If using a personnel platform,
(excluding the personal fall arrest supplemental requirements.
paragraphs (a) through (n) of this section
system anchorages), must be capable of apply. (a) Plan development. Before
supporting, without failure, its own (3) If using a marine-hoisted beginning a crane/derrick operation in
weight and at least five times the personnel transfer device: which more than one crane/derrick will
maximum intended load. (i) The following paragraphs of this be supporting the load, the operation
(vii) No more than one person must be section apply: (a), (c)(2), (d)(1), (d)(3), must be planned. The planning must
hoisted at a time. (d)(4), (e)(1) through (5), (e)(12), (f)(1), meet the following requirements:
(p) Hoisting personnel for pile driving (g), (h), (j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (1) The plan must be developed by a
operations. When hoisting an employee (k)(11)(i), (k)(12), (m), and (n). Where qualified person.
in pile driving operations, the following the terms personnel platform or (2) The plan must be designed to
requirements must be met: platform are used in these paragraphs, ensure that the requirements of this
(1) The employee must be in a substitute them with marine-hoisted subpart are met.
personnel platform or boatswains chair. personnel transfer device. (3) Where the qualified person
(2) For lattice boom cranes: Clearly (ii) The transfer device must be used determines that engineering expertise is
mark the cable (so that it can easily be
only for transferring workers. needed for the planning, the employer
seen by the operator) at a point that will (iii) The number of workers must ensure that it is provided.
give the operator sufficient time to stop occupying the transfer device must not (b) Plan implementation.
the hoist to prevent two-blocking, or use exceed the maximum number it was (1) The multiple-crane/derrick lift
a spotter who is in direct designed to hold. must be directed by a person who meets
communication with the operator to (iv) Each employee must wear a U.S. the criteria for both a competent person
inform the operator when this point is Coast Guard personal flotation device and a qualified person, or by a
reached. For telescopic boom cranes: approved for industrial use. competent person who is assisted by
one or more qualified persons (lift (c) Prototype testing: mobile (computer modeling) has been
director). (including crawler and truck) and demonstrated by a documented history
(2) The lift director must review the locomotive cranes manufactured on or of verification through strain gauge
plan in a meeting with all workers who after November 8, 2010 must meet the measuring or strain gauge measuring in
will be involved with the operation. prototype testing requirements in Test combination with other physical testing.
Option A or Test Option B of this (d) All equipment covered by this
1926.1433 Design, construction and subpart must meet the following
section. Tower cranes manufactured on
testing. requirements:
or after November 8, 2010 must meet the
The following requirements apply to prototype testing requirements in BS EN (1) Rated capacity and related
equipment that has a manufacturer- 14439:2006 (incorporated by reference, information. The information available
rated hoisting/lifting capacity of more see 1926.6). in the cab (see 1926.1417(c)) regarding
than 2,000 pounds. rated capacity and related information
(a) Crawler, truck and locomotive Note: Prototype testing of crawler,
must include, at a minimum, the
locomotive and truck cranes manufactured
cranes manufactured prior to November following information:
prior to November 8, 2010 must conform to
8, 2010 must meet the applicable paragraph (a) of this section. (i) A complete range of the
requirements for design, construction, manufacturers equipment rated
and testing as prescribed in ANSI (1) Test Option A. capacities, as follows:
B30.51968 (incorporated by reference, (i) The following applies to (A) At all manufacturer approved
see 1926.6), PCSA Std. No. 2 (1968) equipment with cantilevered booms operating radii, boom angles, work
(incorporated by reference, see (such as hydraulic boom cranes): All the areas, boom lengths and configurations,
1926.6), the requirements in paragraph tests listed in SAE J1063 (Nov. 1993) jib lengths and angles (or offset).
(b) of this section, or the applicable DIN Table 1 (incorporated by reference, see (B) Alternate ratings for use and
standards that were in effect at the time 1926.6) must be performed to load all nonuse of option equipment which
of manufacture. critical structural elements to their affects rated capacities, such as
(b) Mobile (including crawler and respective limits. All the strength outriggers, stabilizers, and extra
truck) and locomotive cranes margins listed in SAE J1063 (Nov. 1993) counterweights.
manufactured on or after November 8, Table 2 (incorporated by reference, see (ii) A work area chart for which
2010 must meet the following portions 1926.6) must be met. capacities are listed in the load chart.
of ASME B30.52004 (incorporated by (ii) The following applies to (Note: An example of this type of chart
reference, see 1926.6) as applicable: equipment with pendant supported is in ASME B30.52004, section 51.1.3,
(1) In section 51.1.1 (Load Ratings lattice booms: All the tests listed in SAE Figure 11).
Where Stability Governs Lifting J987 (Jun. 2003) Table 1 (incorporated (iii) The work area figure and load
Performance), paragraphs (a)(d) by reference, see 1926.6) must be chart must clearly indicate the areas
(including subparagraphs). performed to load all critical structural where no load is to be handled.
(2) In section 51.1.2 (Load Ratings elements to their respective limits. All (iv) Recommended reeving for the
Where Structural Competence Governs the strength margins listed in SAE J987 hoist lines must be shown.
Lifting Performance), paragraph (b). (Jun. 2003) Table 2 (incorporated by (v) Recommended parts of hoist
(3) Section 51.2 (Stability reference, see 1926.6) must be met. reeving, size, and type of wire rope for
(Backward and Forward)). (2) Test Option B. The testing and various equipment loads.
verification requirements of BS EN (vi) Recommended boom hoist
(4) In section 51.3.1 (Boom Hoist
13000:2004 (incorporated by reference, reeving diagram, where applicable; size,
Mechanism), paragraphs (a), (b)(1) and
see 1926.6) must be met. In applying type and length of wire rope.
(b)(2), except that when using rotation
BS EN 13000:2004, the following (vii) Tire pressure (where applicable).
resistant rope, 1926.1414(c)(4)(ii)(A) (viii) Caution or warnings relative to
applies. additional requirements must be met:
(i) The following applies to limitations on equipment and operating
(5) In section 51.3.2 (Load Hoist procedures, including an indication of
Mechanism), paragraphs (a)(2) through equipment with cantilevered booms
(such as hydraulic boom cranes): The the least stable direction.
(a)(4) (including subparagraphs), (b) (ix) Position of the gantry and
(including subparagraphs), (c) (first analysis methodology (computer
requirements for intermediate boom
sentence only) and (d). modeling) must demonstrate that all
suspension (where applicable).
(6) Section 51.3.3 (Telescoping load cases listed in SAE J1063 (Nov. (x) Instructions for boom erection and
Boom). 1993) (incorporated by reference, see conditions under which the boom, or
(7) Section 51.4 (Swing 1926.6) meet the strength margins boom and jib combinations, may be
Mechanism). listed in SAE J1063 (Nov. 1993) Table 2. raised or lowered.
(8) In section 51.5 (Crane Travel), (ii) The following applies to (xi) Whether the hoist holding
all provisions except 51.5.3(d). equipment with pendant supported mechanism is automatically or
(9) In section 51.6 (Controls), all lattice booms: The analysis manually controlled, whether free fall is
provisions except 51.6.1 (c). methodology (computer modeling) must available, or any combination of these.
(10) Section 51.7.4 (Sheaves). demonstrate that all load cases listed in (xii) The maximum telescopic travel
(11) Section 51.7.5 (Sheave sizes). SAE J987 (Jun. 2003) (incorporated by length of each boom telescopic section.
(12) In section 51.9.1 (Booms), reference, see 1926.6) meet the (xiii) Whether sections are telescoped
paragraph (f). strength margins listed in SAE J987 manually or with power.
(Jun. 2003) Table 2.
(13) Section 51.9.3 (Outriggers). (xiv) The sequence and procedure for
(14) Section 51.9.4 (Locomotive (iii) Analysis verification. The extending and retracting the telescopic
Crane Equipment). physical testing requirements under boom section.
(15) Section 51.9.7 (Clutch and SAE J1063 (Nov. 1993) (incorporated by (xv) Maximum loads permitted during
Brake Protection). reference, see 1926.6) and SAE J987 the boom extending operation, and any
(16) In section 51.9.11 (Jun. 2003) (incorporated by reference, limiting conditions or cautions.
(Miscellaneous equipment), see 1926.6) must be met unless the (xvi) Hydraulic relief valve settings
paragraphs (a), (c), (e), and (f). reliability of the analysis methodology specified by the manufacturer.
(2) Load hooks (including latched and so that they can be secured to prevent (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this
unlatched types), ball assemblies and inadvertent closure. section are met.
load blocks must be of sufficient weight (C) Windows must be of safety glass (1) Manufacturer review and
to overhaul the line from the highest or material with similar optical and approval.
hook position for boom or boom and jib safety properties, that introduce no (i) The manufacturer approves the
lengths and the number of parts of the visible distortion or otherwise obscure modifications/additions in writing.
line in use. visibility that interferes with the safe (ii) The load charts, procedures,
(3) Hook and ball assemblies and load operation of the equipment. instruction manuals and instruction
blocks must be marked with their rated (iv) A clear passageway must be plates/tags/decals are modified as
capacity and weight. provided from the operators station to necessary to accord with the
(4) Latching hooks. an exit door on the operators side. modification/addition.
(i) Hooks must be equipped with (v) Areas of the cab roof that serve as (iii) The original safety factor of the
latches, except where the requirements a workstation for rigging, maintenance equipment is not reduced.
of paragraph (d)(4)(ii) of this section are or other equipment-related tasks must (2) Manufacturer refusal to review
met. be capable of supporting 250 pounds request. The manufacturer is provided a
(ii) Hooks without latches, or with without permanent distortion. detailed description of the proposed
latches removed or disabled, must not (8) Belts, gears, shafts, pulleys, modification/addition, is asked to
be used unless: sprockets, spindles, drums, fly wheels, approve the modification/addition, but
(A) A qualified person has determined chains, and other parts or components it declines to review the technical
that it is safer to hoist and place the load that reciprocate, rotate or otherwise merits of the proposal or fails, within 30
without latches (or with the latches move must be guarded where contact by days, to acknowledge the request or
removed/tied-back). employees (except for maintenance and initiate the review, and all of the
(B) Routes for the loads are pre- repair employees) is possible in the following are met:
planned to ensure that no employee is performance of normal duties. (i) A registered professional engineer
required to work in the fall zone except (9) All exhaust pipes, turbochargers, who is a qualified person with respect
for employees necessary for the hooking and charge air coolers must be insulated to the equipment involved:
or unhooking of the load. or guarded where contact by employees (A) Approves the modification/
(iii) The latch must close the throat (except for maintenance and repair addition and specifies the equipment
opening and be designed to retain slings employees) is possible in the configurations to which that approval
or other lifting devices/accessories in performance of normal duties. applies, and
the hook when the rigging apparatus is (10) Hydraulic and pneumatic lines (B) Modifies load charts, procedures,
slack. must be protected from damage to the instruction manuals and instruction
(5) Posted warnings. Posted warnings extent feasible. plates/tags/decals as necessary to accord
required by this subpart as well as those (11) The equipment must be designed with the modification/addition.
originally supplied with the equipment so that exhaust fumes are not discharged (ii) The original safety factor of the
by the manufacturer must be maintained in the cab and are discharged in a equipment is not reduced.
in legible condition. direction away from the operator. (3) Unavailable manufacturer. The
(6) An accessible fire extinguisher (12) Friction mechanisms. Where manufacturer is unavailable and the
must be on the equipment. friction mechanisms (such as brakes and requirements of paragraphs (a)(2)(i) and
(7) Cabs. Equipment with cabs must clutches) are used to control the boom (ii) of this section are met.
meet the following requirements: hoist or load line hoist, they must be: (4) Manufacturer does not complete
(i) Cabs must be designed with a form (i) Of a size and thermal capacity the review within 120 days of the
of adjustable ventilation and method for sufficient to control all rated loads with request. The manufacturer is provided a
clearing the windshield for maintaining the minimum recommended reeving. detailed description of the proposed
visibility and air circulation. Examples (ii) Adjustable to permit modification/addition, is asked to
of means for adjustable ventilation compensation for lining wear to approve the modification/addition,
include air conditioner or window that maintain proper operation. agrees to review the technical merits of
can be opened (for ventilation and air (13) Hydraulic load hoists. Hydraulic the proposal, but fails to complete the
circulation); examples of means for drums must have an integrally mounted review of the proposal within 120 days
maintaining visibility include heater holding device or internal static brake to of the date it was provided the detailed
(for preventing windshield icing), prevent load hoist movement in the description of the proposed
defroster, fan, windshield wiper. event of hydraulic failure. modification/addition, and the
(ii) Cab doors (swinging, sliding) must (e) The employers obligations under requirements of paragraphs (a)(2)(i) and
be designed to prevent inadvertent paragraphs (a) through (c) and (d)(7) (ii) of this section are met.
opening or closing while traveling or through (13) of this section are met (5) Multiple manufacturers of
operating the machine. Swinging doors where the equipment has not changed equipment designed for use on marine
adjacent to the operator must open (except in accordance with 1926.1434 work sites. The equipment is designed
outward. Sliding operator doors must (Equipment modifications)) and it can for marine work sites, contains major
open rearward. refer to documentation from the structural components from more than
(iii) Windows. manufacturer showing that the one manufacturer, and the requirements
(A) The cab must have windows in equipment has been designed, of paragraphs (a)(2)(i) and (ii) of this
front and on both sides of the operator. constructed and tested in accordance section are met.
Forward vertical visibility must be with those paragraphs. (b) Modifications or additions which
sufficient to give the operator a view of affect the capacity or safe operation of
the boom point at all times. 1926.1434 Equipment modifications. the equipment are prohibited where the
(B) Windows may have sections (a) Modifications or additions which manufacturer, after a review of the
designed to be opened or readily affect the capacity or safe operation of technical safety merits of the proposed
removed. Windows with sections the equipment are prohibited except modification/addition, rejects the
designed to be opened must be designed where the requirements of paragraphs proposal and explains the reasons for
the rejection in a written response. If the and structural supports are installed in (iii) Travel rail end stops at both ends
manufacturer rejects the proposal but accordance with their design. of travel rail.
does not explain the reasons for the (ii) Loss of backward stability. (iv) Travel rail clamps on all travel
rejection in writing, the employer may Backward stability before swinging self bogies.
treat this as a manufacturer refusal to erecting cranes or cranes on traveling or (v) Integrally mounted check valves
review the request under paragraph static undercarriages. on all load supporting hydraulic
(a)(2) of this section. (iii) Wind speed. Wind must not cylinders.
(c) The provisions in paragraphs (a) exceed the speed recommended by the (vi) Hydraulic system pressure
and (b) of this section do not apply to manufacturer or, where manufacturer limiting device.
modifications made or approved by the does not specify this information, the (vii) The following brakes, which
U.S. military. speed determined by a qualified person. must automatically set in the event of
(5) Plumb tolerance. Towers must be pressure loss or power failure, are
1926.1435 Tower cranes. erected plumb to the manufacturers required:
(a) This section contains tolerance and verified by a qualified (A) A hoist brake on all hoists.
supplemental requirements for tower person. Where the manufacturer does (B) Swing brake.
cranes; all sections of this subpart apply not specify plumb tolerance, the crane (C) Trolley brake.
to tower cranes unless specified tower must be plumb to a tolerance of (D) Rail travel brake.
otherwise. at least 1:500 (approximately 1 inch in (viii) Deadman control or forced
(b) Erecting, climbing and 40 feet). neutral return control (hand) levers.
dismantling. (6) Multiple tower crane jobsites. On (ix) Emergency stop switch at the
jobsites where more than one fixed jib operators station.
(1) Section 1926.1403 (Assembly/
(hammerhead) tower crane is installed, (x) Trolley end stops must be
Disassemblyselection of manufacturer
the cranes must be located such that no provided at both ends of travel of the
or employer procedures), 1926.1404
crane can come in contact with the trolley.
(Assembly/Disassemblygeneral (3) Proper operation required.
structure of another crane. Cranes are
requirements (applies to all assembly Operations must not begin unless the
permitted to pass over one another.
and disassembly operations)), (7) Climbing procedures. Prior to, and devices listed in this section are in
1926.1405 (Disassemblyadditional during, all climbing procedures proper working order. If a device stops
requirements for dismantling of booms (including inside climbing and top working properly during operations, the
and jibs (applies to both the use of climbing), the employer must: operator must safely stop operations.
manufacturer procedures and employer (i) Comply with all manufacturer The equipment must be taken out of
procedures)), and 1926.1406 prohibitions. service, and operations must not resume
(Assembly/Disassemblyemployer (ii) Have a registered professional until the device is again working
proceduresgeneral requirements), engineer verify that the host structure is properly. See 1926.1417(f). Alternative
apply to tower cranes (except as strong enough to sustain the forces measures are not permitted to be used.
otherwise specified), except that the imposed through the braces, brace (e) Operational aids.
term assembly/disassembly is anchorages and supporting floors. (1) Section 1926.1416 does not apply
replaced by erecting, climbing and (8) Counterweight/ballast. to tower cranes.
dismantling, and the term (i) Equipment must not be erected, (2) The devices listed in this section
disassembly is replaced by dismantled or operated without the (operational aids) are required on all
dismantling. amount and position of counterweight tower cranes covered by this subpart,
(2) Dangerous areas (self-erecting and/or ballast in place as specified by unless otherwise specified.
tower cranes). In addition to the the manufacturer or a registered (3) Operations must not begin unless
requirements in 1926.1404(e), for self- professional engineer familiar with the the operational aids are in proper
erecting tower cranes, the following equipment. working order, except where the
applies: Employees must not be in or (ii) The maximum counterweight and/ employer meets the specified temporary
under the tower, jib, or rotating portion or ballast specified by the manufacturer alternative measures. More protective
of the crane during erecting, climbing or registered professional engineer
alternative measures specified by the
and dismantling operations until the familiar with the equipment must not be
tower crane manufacturer, if any, must
crane is secured in a locked position exceeded.
(c) Signs. The size and location of be followed. See 1926.1417(j) for
and the competent person in charge additional requirements.
indicates it is safe to enter this area, signs installed on tower cranes must be
(4) If an operational aid stops working
unless the manufacturers instructions in accordance with manufacturer
properly during operations, the operator
direct otherwise and only the necessary specifications. Where these are
unavailable, a registered professional must safely stop operations until the
personnel are permitted in this area. temporary alternative measures are
(3) Foundations and structural engineer familiar with the type of
equipment involved must approve in implemented or the device is again
supports. Tower crane foundations and working properly. If a replacement part
structural supports (including both the writing the size and location of any
signs. is no longer available, the use of a
portions of the structure used for substitute device that performs the same
(d) Safety devices.
support and the means of attachment) (1) Section 1926.1415 does not apply type of function is permitted and is not
must be designed by the manufacturer to tower cranes. considered a modification under
or a registered professional engineer.
(2) The following safety devices are 1926.1434.

(4) Addressing specific hazards. The required on all tower cranes unless (5) Category I operational aids and
requirements in 1926.1404(h)(1) otherwise specified: alternative measures. Operational aids
through (9) apply. In addition, the A/D (i) Boom stops on luffing boom type listed in this paragraph that are not
director must address the following: tower cranes. working properly must be repaired no
(i) Foundations and structural (ii) Jib stops on luffing boom type later than 7 calendar days after the
supports. The A/D director must tower cranes if equipped with a jib deficiency occurs. Exception: If the
determine that tower crane foundations attachment. employer documents that it has ordered
the necessary parts within 7 calendar (if the tower crane is not equipped with must have a hook radius indicator
days of the occurrence of the deficiency, a radius indicating device, the radius readable from the operators station.
the repair must be completed within 7 must be measured to ensure the load is (C) Temporary alternative measures:
calendar days of receipt of the parts. within the rated capacity of the crane). Hook radii or boom angle must be
(i) Trolley travel limiting device. The In addition, the weight of the load must determined by measuring the hook radii
travel of the trolley must be restricted at be determined from a source recognized or boom angle with a measuring device.
both ends of the jib by a trolley travel by the industry (such as the loads (ii) Trolley travel deceleration device.
limiting device to prevent the trolley manufacturer), or by a calculation The trolley speed must be automatically
from running into the trolley end stops. method recognized by the industry reduced prior to the trolley reaching the
Temporary alternative measures: (such as calculating a steel beam from end limit in both directions. Temporary
(A) Option A. The trolley rope must measured dimensions and a known per alternative measure: The employer must
be marked (so it can be seen by the foot weight), or by other equally reliable post a notice in the cab of the crane
operator) at a point that will give the means. This information must be notifying the operator that the trolley
operator sufficient time to stop the provided to the operator prior to the lift. travel deceleration device is
trolley prior to the end stops. (vi) Hoist line pull limiting device. malfunctioning and instructing the
(B) Option B. A spotter who is in The capacity of the hoist must be operator to take special care to reduce
direct communication with the operator limited to prevent overloading, the trolley speed when approaching the
must be used when operations are including each individual gear ratio if trolley end limits.
conducted within 10 feet of the outer or equipped with a multiple speed hoist (iii) Boom hoist deceleration device.
inner trolley end stops. transmission. Temporary alternative The boom speed must be automatically
(ii) Boom hoist limiting device. The reduced prior to the boom reaching the
measures: The operator must ensure
range of the boom must be limited at the minimum or maximum radius limit.
that the weight of the load does not
minimum and maximum radius. Temporary alternative measure: The
exceed the capacity of the hoist
Temporary alternative measures: employer must post a notice in the cab
(including for each individual gear ratio
Clearly mark the cable (so it can be seen of the crane notifying the operator that
by the operator) at a point that will give if equipped with a multiple speed hoist
the boom hoist deceleration device is
the operator sufficient time to stop the transmission).
malfunctioning and instructing the
boom hoist within the minimum and (vii) Rail travel limiting device. The
operator to take special care to reduce
maximum boom radius, or use a spotter travel distance in each direction must be the boom speed when approaching the
who is in direct communication with limited to prevent the travel bogies from minimum or maximum radius limits.
the operator to inform the operator running into the end stops or buffers. (iv) Load hoist deceleration device.
when this point is reached. Temporary alternative measures: A The load speed must be automatically
(iii) Anti two-blocking device. The spotter who is in direct communication reduced prior to the hoist reaching the
tower crane must be equipped with a with the operator must be used when upper limit. Temporary alternative
device which automatically prevents operations are conducted within 10 feet measure: The employer must post a
damage from contact between the load of either end of the travel rail end stops; notice in the cab of the crane notifying
block, overhaul ball, or similar the spotter must inform the operator of the operator that the load hoist
component, and the boom tip (or fixed the distance of the travel bogies from the deceleration device is malfunctioning
upper block or similar component). The end stops or buffers. and instructing the operator to take
device(s) must prevent such damage at (viii) Boom hoist drum positive special care to reduce the load speed
all points where two-blocking could locking device and control. The boom when approaching the upper limits.
occur. Temporary alternative measures: hoist drum must be equipped with a (v) Wind speed indicator. A device
Clearly mark the cable (so it can be seen control that will enable the operator to must be provided to display the wind
by the operator) at a point that will give positively lock the boom hoist drum speed and must be mounted above the
the operator sufficient time to stop the from the cab. Temporary alternative upper rotating structure on tower
hoist to prevent two-blocking, or use a measures: The device must be manually cranes. On self erecting cranes, it must
spotter who is in direct communication set when required if an electric, be mounted at or above the jib level.
with the operator to inform the operator hydraulic or automatic control is not Temporary alternative measures: Use of
when this point is reached. functioning. wind speed information from a properly
(iv) Hoist drum lower limiting device. (6) Category II operational aids and functioning indicating device on
Tower cranes manufactured after alternative measures. Operational aids another tower crane on the same site, or
November 8, 2011 must be equipped listed in this paragraph that are not a qualified person estimates the wind
with a device that prevents the last 2 working properly must be repaired no speed.
wraps of hoist cable from being spooled later than 30 calendar days after the (vi) Load indicating device. Cranes
off the drum. Temporary alternative deficiency occurs. Exception: If the manufactured after November 8, 2011
measures: Mark the cable (so it can be employer documents that it has ordered must have a device that displays the
seen by the operator) at a point that will the necessary parts within 7 calendar magnitude of the load on the hook.
give the operator sufficient time to stop days of the occurrence of the deficiency, Displays that are part of load moment
the hoist prior to last 2 wraps of hoist and the part is not received in time to limiting devices that display the load on
cable being spooled off the drum, or use complete the repair in 30 calendar days, the hook meet this requirement.
a spotter who is in direct the repair must be completed within 7 Temporary alternative measures: The
calendar days of receipt of the parts. weight of the load must be determined
communication with the operator to

inform the operator when this point is (i) Boom angle or hook radius from a source recognized by the
reached indicator. industry (such as the loads
(v) Load moment limiting device. The (A) Luffing boom tower cranes must manufacturer), or by a calculation
tower crane must have a device that have a boom angle indicator readable method recognized by the industry
prevents moment overloading. from the operators station. (such as calculating a steel beam from
Temporary alternative measures: A (B) Hammerhead tower cranes measured dimensions and a known per
radius indicating device must be used manufactured after November 8, 2011 foot weight), or by other equally reliable
means. This information must be bolts must be inspected for proper where a qualified person or derrick
provided to the operator prior to the lift. condition and torque. manufacturer approves variations from
(f) Inspections. these requirements and revises the rated
(1) Section 1926.1412 (Inspections) 1926.1436 Derricks.
capacity to compensate for such
applies to tower cranes, except that the (a) This section contains variations.
term assembly is replaced by supplemental requirements for derricks, (ii) Guy derricks must not be used
erection. Section 1926.1413 (Wire whether temporarily or permanently unless the employer has the following
ropeinspection) applies to tower mounted; all sections of this subpart guy information from the manufacturer
cranes. apply to derricks unless specified or a qualified person, when not
(2) Pre-erection inspection. Before otherwise. A derrick is powered available from the manufacturer:
each crane component is erected, it equipment consisting of a mast or (A) The number of guys.
must be inspected by a qualified person equivalent member that is held at or (B) The spacing around the mast.
for damage or excessive wear. near the end by guys or braces, with or (C) The size, grade, and construction
(i) The qualified person must pay without a boom, and its hoisting of rope to be used for each guy.
particular attention to components that mechanism. The mast/equivalent (iii) For guy derricks manufactured
will be difficult to inspect thoroughly member and/or the load is moved by the after December 18, 1970, in addition to
during shift inspections. hoisting mechanism (typically base- the information required in paragraph
(ii) If the qualified person determines mounted) and operating ropes. Derricks (c)(2)(ii) of this section, the employer
that a component is damaged or worn to include: A-frame, basket, breast, must have the following guy
the extent that it would create a safety Chicago boom, gin pole (except gin information from the manufacturer or a
hazard if used on the crane, that poles used for erection of qualified person, when not available
component must not be erected on the communication towers), guy, shearleg, from the manufacturer:
crane unless it is repaired and, upon stiffleg, and variations of such (A) The amount of initial sag or
reinspection by the qualified person, equipment. tension.
found to no longer create a safety (b) Operationprocedures. (B) The amount of tension in guy line
hazard. (1) Section 1926.1417 (Operation) rope at anchor.
(iii) If the qualified person determines applies except for 1926.1417(c) (iv) The mast base must permit the
that, though not presently a safety (Accessibility of procedures). mast to rotate freely with allowance for
hazard, the component needs to be (2) Load chart contents. Load charts
slight tilting of the mast caused by guy
monitored, the employer must ensure must contain at least the following
slack.
that the component is checked in the information:
(v) The mast cap must:
(i) Rated capacity at corresponding
monthly inspections. Any such (A) Permit the mast to rotate freely.
ranges of boom angle or operating radii.
determination must be documented, and (B) Withstand tilting and cramping
(ii) Specific lengths of components to
the documentation must be available to caused by the guy loads.
which the rated capacities apply.
any individual who conducts a monthly (iii) Required parts for hoist reeving. (C) Be secured to the mast to prevent
inspection. (iv) Size and construction of rope disengagement during erection.
(3) Post-erection inspection. In must be included on the load chart or (D) Be provided with means for
addition to the requirements in in the operating manual. attaching guy ropes.
1926.1412(c), the following (3) Load chart location. (3) Stiffleg derricks.
requirements must be met: (i) Permanent installations. For (i) The mast must be supported in the
(i) A load test using certified weights, permanently installed derricks with vertical position by at least two stifflegs;
or scaled weights using a certified scale fixed lengths of boom, guy, and mast, a one end of each must be connected to
with a current certificate of calibration, load chart must be posted where it is the top of the mast and the other end
must be conducted after each erection. visible to personnel responsible for the securely anchored.
(ii) The load test must be conducted operation of the equipment. (ii) The stifflegs must be capable of
in accordance with the manufacturers (ii) Non-permanent installations. For withstanding the loads imposed at any
instructions when available. Where derricks that are not permanently point of operation within the load chart
these instructions are unavailable, the installed, the load chart must be readily range.
test must be conducted in accordance available at the job site to personnel (iii) The mast base must:
with written load test procedures responsible for the operation of the (A) Permit the mast to rotate freely
developed by a registered professional equipment. (when necessary).
engineer familiar with the type of (c) Construction. (B) Permit deflection of the mast
equipment involved. (1) General requirements. without binding.
(4) Monthly. The following additional (i) Derricks must be constructed to (iv) The mast must be prevented from
items must be included: meet all stresses imposed on members lifting out of its socket when the mast
(i) Tower (mast) bolts and other and components when installed and is in tension.
structural bolts (for loose or dislodged operated in accordance with the (v) The stiffleg connecting member at
condition) from the base of the tower manufacturers/builders procedures the top of the mast must:
crane up or, if the crane is tied to or and within its rated capacity. (A) Permit the mast to rotate freely
braced by the structure, those above the (ii) Welding of load sustaining (when necessary).
upper-most brace support. members must conform to (B) Withstand the loads imposed by
(ii) The upper-most tie-in, braces, recommended practices in ANSI/AWS the action of the stifflegs.
floor supports and floor wedges where D14.394 (incorporated by reference, (C) Be secured so as to oppose
the tower crane is supported by the see 1926.6) or AWS D1.1/D1.1M:2002 separating forces.
structure, for loose or dislodged (incorporated by reference, see (4) Gin pole derricks.
components. 1926.6). (i) Guy lines must be sized and spaced
(5) Annual. In addition to the items (2) Guy derricks. so as to make the gin pole stable in both
that must be inspected under (i) The minimum number of guys boomed and vertical positions.
1926.1412(f), all turntable and tower must be 6, with equal spacing, except Exception: Where the size and/or
spacing of guy lines do not result in the (C) Section 71.3 (Installation). Temporary alternative measures: The
gin pole being stable in both boomed (D) Applicable terms in section 70.2 weight of the load must be determined
and vertical positions, the employer (Definitions). from a source recognized by the
must ensure that the derrick is not used (ii) Load tests for new hoists. The industry (such as the loads
in an unstable position. employer must ensure that new hoists manufacturer), or by a calculation
(ii) The base of the gin pole must are load tested to a minimum of 110% method recognized by the industry
permit movement of the pole (when of rated capacity, but not more than (such as calculating a steel beam from
necessary). 125% of rated capacity, unless measured dimensions and a known per
(iii) The gin pole must be anchored at otherwise recommended by the foot weight), or by other equally reliable
the base against horizontal forces (when manufacturer. This requirement is met means. This information must be
such forces are present). where the manufacturer has conducted provided to the operator prior to the lift.
(5) Chicago boom derricks. The this testing. See 1926.1417(j) for additional
fittings for stepping the boom and for (iii) Repaired or modified hoists. requirements.
attaching the topping lift must be Hoists that have had repairs, (ii) A load weight/capacity device that
arranged to: modifications or additions affecting is not working properly must be
(i) Permit the derrick to swing at all their capacity or safe operation must be repaired no later than 30 days after the
permitted operating radii and mounting evaluated by a qualified person to deficiency occurs. Exception: If the
heights between fittings. determine if a load test is necessary. If employer documents that it has ordered
(ii) Accommodate attachment to the it is, load testing must be conducted in the necessary parts within 7 days of the
upright member of the host structure. accordance with paragraphs (e)(2)(ii) occurrence of the deficiency, and the
(iii) Withstand the forces applied and (iv) of this section. part is not received in time to complete
when configured and operated in (iv) Load test procedure. Load tests the repair in 30 days, the repair must be
accordance with the manufacturers/ required by paragraphs (e)(2)(ii) or completed within 7 days of receipt of
builders procedures and within its (e)(2)(iii) of this section must be the parts.
rated capacity. conducted as follows: (g) Post-assembly approval and
(iv) Prevent the boom or topping lift (A) The test load must be hoisted a testingnew or reinstalled derricks.
from lifting out under tensile forces. vertical distance to assure that the load (1) Anchorages.
(d) Anchoring and guying. is supported by the hoist and held by (i) Anchorages, including the
(1) Load anchoring data developed by the hoist brake(s). structure to which the derrick is
the manufacturer or a qualified person (B) The test load must be lowered, attached (if applicable), must be
must be used. stopped and held with the brake(s). approved by a qualified person.
(2) Guy derricks. (C) The hoist must not be used unless (ii) If using a rock or hairpin
(i) The mast base must be anchored. a competent person determines that the anchorage, the qualified person must
(ii) The guys must be secured to the test has been passed. determine if any special testing of the
ground or other firm anchorage. (f) Operational aids. anchorage is needed. If so, it must be
(iii) The anchorage and guying must (1) Section 1926.1416 (Operational tested accordingly.
be designed to withstand maximum aids) applies, except for (2) Functional test. Prior to initial use,
horizontal and vertical forces 1926.1416(d)(1) (Boom hoist limiting new or reinstalled derricks must be
encountered when operating within device), 1926.1416(e)(1) (Boom angle tested by a competent person with no
rated capacity with the particular guy or radius indicator), and hook load to verify proper operation.
slope and spacing specified for the 1926.1416(e)(4) (Load weighing and This test must include:
application. similar devices). (i) Lifting and lowering the hook(s)
(3) Stiffleg derricks. (2) Boom angle aid. A boom angle through the full range of hook travel.
(i) The mast base and stifflegs must be indicator is not required but if the (ii) Raising and lowering the boom
anchored. derrick is not equipped with a through the full range of boom travel.
(iii) Swinging in each direction
(ii) The mast base and stifflegs must functioning one, the employer must
through the full range of swing.
be designed to withstand maximum ensure that either: (iv) Actuating the anti two-block and
horizontal and vertical forces (i) The boom hoist cable must be
boom hoist limit devices (if provided).
encountered when operating within marked with caution and stop marks. (v) Actuating locking, limiting and
rated capacity with the particular The stop marks must correspond to indicating devices (if provided).
stiffleg spacing and slope specified for maximum and minimum allowable (3) Load test. Prior to initial use, new
the application. boom angles. The caution and stop or reinstalled derricks must be load
(e) Swingers and hoists. marks must be in view of the operator, tested by a competent person. The test
(1) The boom, swinger mechanisms or a spotter who is in direct load must meet the following
and hoists must be suitable for the communication with the operator; or requirements:
derrick work intended and must be (ii) An electronic or other device that (i) Test loads must be at least 100%
anchored to prevent displacement from signals the operator in time to prevent and no more than 110% of the rated
the imposed loads. the boom from moving past its capacity, unless otherwise
(2) Hoists. maximum and minimum angles, or recommended by the manufacturer or
(i) Base mounted drum hoists must automatically prevents such movement, qualified person, but in no event must
meet the requirements in the following is used. the test load be less than the maximum
sections of ASME B30.72001 (3) Load weight/capacity devices. anticipated load.

(incorporated by reference, see (i) Derricks manufactured more than (ii) The test must consist of:
1926.6): one year after November 8, 2010 with a (A) Hoisting the test load a few inches
(A) Sections 71.1 (Load ratings and maximum rated capacity over 6,000 and holding to verify that the load is
markings). pounds must have at least one of the supported by the derrick and held by
(B) Section 71.2 (Construction), following: load weighing device, load the hoist brake(s).
except: 71.2.13 (Operators cab); 7 moment indicator, rated capacity (B) Swinging the derrick, if
1.2.15 (Fire extinguishers). indicator, or rated capacity limiter. applicable, the full range of its swing, at
the maximum allowable working radius (p) Inspections. In addition to the (2) Positive equipment house lock.
for the test load. requirements in 1926.1412, the (3) Wind speed and direction
(C) Booming the derrick up and down following additional items must be indicator. A competent person must
within the allowable working radius for included in the inspections: determine if wind is a factor that needs
the test load. (1) Daily: Guys for proper tension. to be considered; if wind needs to be
(D) Lowering, stopping and holding (2) Annual. considered, a wind speed and direction
the load with the brake(s). (i) Gudgeon pin for cracks, wear, and indicator must be used.
(iii) The derrick must not be used distortion. (f) Operational aids.
unless the competent person determines (ii) Foundation supports for (1) An anti two-block device is
that the test has been passed. continued ability to sustain the imposed required only when hoisting personnel
(4) Documentation. Tests conducted loads. or hoisting over an occupied cofferdam
under this paragraph must be (q) Qualification and Training. The
or shaft.
documented. The document must employer must train each operator of a
derrick on the safe operation of (2) Section 1926.1416(e)(4) (Load
contain the date, test results and the weighing and similar devices) does not
name of the tester. The document must equipment the individual will operate.
Section 1926.1427 of this subpart apply to dragline, clamshell (grapple),
be retained until the derrick is re-tested magnet, drop ball, container handling,
or dismantled, whichever occurs first. (Operator qualification and certification)
does not apply. concrete bucket, and pile driving work
All such documents must be available, performed under this section.
during the applicable document 1926.1437 Floating cranes/derricks and (g) Accessibility of procedures
retention period, to all persons who land cranes/derricks on barges. applicable to equipment operation. If
conduct inspections in accordance with (a) This section contains the crane/derrick has a cab, the
1926.1412. supplemental requirements for floating requirements of 1926.1417(c) apply. If
(h) Load testing repaired or modified cranes/derricks and land cranes/ the crane/derrick does not have a cab,
derricks. Derricks that have had repairs, derricks on barges, pontoons, vessels or the employer must ensure that:
modifications or additions affecting the other means of flotation (i.e., vessel/ (1) Rated capacities (load charts) are
derricks capacity or safe operation must flotation device). The sections of this posted at the operators station. If the
be evaluated by a qualified person to subpart apply to floating cranes/derricks operators station is moveable (such as
determine if a load test is necessary. If and land cranes/derricks on barges, with pendant-controlled equipment),
it is, load testing must be conducted and pontoons, vessels or other means of the load charts are posted on the
documented in accordance with flotation, unless specified otherwise. equipment.
paragraph (g) of this section. The requirements of this section do not (2) Procedures applicable to the
(i) [Reserved.] apply when using jacked barges when operation of the equipment (other than
(j) Power failure procedures. If power the jacks are deployed to the river, lake, load charts), recommended operating
fails during operations, the derrick or sea bed and the barge is fully speeds, special hazard warnings,
operator must safely stop operations. supported by the jacks. instructions and operators manual, must
This must include: (b) General requirements. The be readily available on board the vessel/
(1) Setting all brakes or locking requirements in paragraphs (c) through flotation device.
devices. (k) of this section apply to both floating (h) Inspections. In addition to meeting
(2) Moving all clutch and other power cranes/derricks and land cranes/ the requirements of 1926.1412 for
controls to the off position. derricks on barges, pontoons, vessels or inspecting the crane/derrick, the
(k) Use of winch heads. other means of flotation.
(1) Ropes must not be handled on a employer must inspect the barge,
(c) Work area control. pontoons, vessel or other means of
winch head without the knowledge of (1) The requirements of 1926.1424
the operator. flotation used to support a floating
(Work area control) apply, except for crane/derrick or land crane/derrick, and
(2) While a winch head is being used, 1926.1424(a)(2)(ii).
the operator must be within reach of the ensure that:
(2) The employer must either:
power unit control lever. (i) Erect and maintain control lines, (1) Shift. For each shift inspection, the
(l) [Reserved.] warning lines, railings or similar means used to secure/attach the
(m) Securing the boom. barriers to mark the boundaries of the equipment to the vessel/flotation device
(1) When the boom is being held in a hazard areas; or is in proper condition, including wear,
fixed position, dogs, pawls, or other (ii) Clearly mark the hazard areas by corrosion, loose or missing fasteners,
positive holding mechanisms on the a combination of warning signs (such as, defective welds, and (when applicable)
boom hoist must be engaged. DangerSwing/Crush Zone) and high insufficient tension.
(2) When taken out of service for 30 visibility markings on the equipment (2) Monthly. For each monthly
days or more, the boom must be secured that identify the hazard areas. In inspection:
by one of the following methods: addition, the employer must train each (i) The means used to secure/attach
(i) Laid down. employee to understand what these the equipment to the vessel/flotation
(ii) Secured to a stationary member, as markings signify. device is in proper condition, including
nearly under the head as possible, by (d) Keeping clear of the load. Section inspection for wear, corrosion, and,
attachment of a sling to the load block. 1926.1425 does not apply. when applicable, insufficient tension.
(iii) For guy derricks, lifted to a (e) Additional safety devices. In (ii) The vessel/flotation device is not
taking on water.
vertical position and secured to the addition to the safety devices listed in
mast. 1926.1415, the following safety (iii) The deckload is properly secured.
(iv) For stiffleg derricks, secured devices are required: (iv) The vessel/flotation device is
against the stiffleg. (1) Barge, pontoon, vessel or other watertight based on the condition of the
(n) The process of jumping the derrick means of flotation list and trim device. chain lockers, storage, fuel
must be supervised by the A/D director. The safety device must be located in the compartments, and hatches.
(o) Derrick operations must be cab or, when there is no cab, at the (v) The firefighting and lifesaving
supervised by a competent person. operators station. equipment is in place and functional.
(3) The shift and monthly inspections the deficiency constitutes a hazard or, (2) The employer must ensure that the
are conducted by a competent person, though not yet a hazard, needs to be manufacturers specifications and
and: monitored in the monthly or annual limitations with respect to
(i) If any deficiency is identified, an inspections, as appropriate. environmental, operational, and in-
immediate determination is made by a (A) If the surveyor determines that the transit loads for a barge, pontoon,
qualified person whether the deficiency deficiency constitutes a hazard, the vessel, or other means of flotation are
constitutes a hazard. vessel/flotation device is removed from not exceeded or violated.
(ii) If the deficiency is determined to service until it has been corrected. (3) When the manufacturers
constitute a hazard, the vessel/flotation (B) If the surveyor determines that, specifications and limitations are
device is removed from service until the though not presently a hazard, the unavailable, the employer must ensure
deficiency has been corrected. deficiency needs to be monitored, the that the specifications and limitations
(4) Annual: external vessel/flotation deficiency is checked in the monthly or
device inspection. For each annual established by a qualified person with
annual inspections, as appropriate. respect to environmental, operational
inspection: (6) Documentation. The monthly and
(i) The external portion of the barge, and in-transit loads for the barge,
annual inspections required in pontoons, vessel, or other means of
pontoons, vessel or other means of paragraphs (h)(2) and (h)(4) of this
flotation used is inspected annually by flotation are not exceeded or violated.
section are documented in accordance
a qualified person who has expertise with 1926.1412 (e)(3) and (l) [Reserved.]
with respect to vessels/flotation devices 1926.1412(f)(7), respectively, and that (m) Floating cranes/derricks. For
and that the inspection includes the the four-year inspection required in equipment designed by the
following items: paragraph (h)(5) of this section is manufacturer (or employer) for marine
(A) The items identified in paragraphs documented in accordance with use by permanent attachment to barges,
(h)(1) (Shift) and (h)(2) (Monthly) of this 1926.1412(f)(7), except that the pontoons, vessels or other means of
section. documentation for that inspection must flotation:
(B) Cleats, bitts, chocks, fenders, be retained for a minimum of 4 years.
capstans, ladders, and stanchions, for (1) Load charts.
All such documents must be made
significant corrosion, wear, available, during the applicable (i) The employer must not exceed the
deterioration, or deformation that could document retention period, to all manufacturer load charts applicable to
impair the function of these items. persons who conduct inspections in operations on water. When using these
(C) External evidence of leaks and accordance with 1926.1412. charts, the employer must comply with
structural damage; evidence of leaks and (i) [Reserved.] all parameters and limitations (such as
damage below the waterline may be (j) Working with a diver. The dynamic and environmental parameters)
determined through internal inspection employer must meet the following applicable to the use of the charts.
of the vessel/flotation device. additional requirements when working (ii) The employer must ensure that
(D) Four-corner draft readings.
with a diver in the water: load charts take into consideration a
(E) Firefighting equipment for
(1) If a crane/derrick is used to get a minimum wind speed of 40 miles per
serviceability.
(ii) Rescue skiffs, lifelines, work vests, diver into and out of the water, it must hour.
life preservers and ring buoys are not be used for any other purpose until (2) The employer must ensure that the
inspected for proper condition. the diver is back on board. When used requirements for maximum allowable
(iii) If any deficiency is identified, an for more than one diver, it must not be list and maximum allowable trim as
immediate determination is made by the used for any other purpose until all specified in Table M1 of this section are
qualified person whether the deficiency divers are back on board. met.
constitutes a hazard or, though not yet (2) The operator must remain at the
a hazard, needs to be monitored in the controls of the crane/derrick at all times. TABLE M1
monthly inspections. (3) In addition to the requirements in
(A) If the qualified person determines 1926.1419 through 1926.1422 Maximum Maximum
that the deficiency constitutes a hazard, (Signals), either: allowable allowable
Rated capacity
the vessel/flotation device is removed (i) A clear line of sight must be list trim
maintained between the operator and (degrees) (degrees)
from service until it has been corrected.
See requirements in 1926.1417(f). tender; or
Equipment designed
(B) If the qualified person determines (ii) The signals between the operator for marine use by
that, though not presently a hazard, the and tender must be transmitted permanent attach-
deficiency needs to be monitored, the electronically. ment (other than
deficiency is checked in the monthly (4) The means used to secure the derricks):
inspections. crane/derrick to the vessel/flotation 25 tons or less .......... 5 5
(5) Four-year: internal vessel/flotation device (see paragraph (n)(5) of this Over 25 tons ............. 7 7
device inspection. For each four-year section) must not allow any amount of Derricks designed for
inspection: shifting in any direction. marine use by per-
(i) A marine engineer, marine (k) Manufacturers specifications and manent attach-
architect, licensed surveyor, or other limitations. ment:
(1) The employer must ensure that the Any rated capacity .... 10 10
qualified person who has expertise with

respect to vessels/flotation devices barge, pontoons, vessel, or other means
surveys the internal portion of the barge, of flotation must be capable of (3) The employer must ensure that the
pontoons, vessel, or other means of withstanding imposed environmental, equipment is stable under the
flotation. operational and in-transit loads when conditions specified in Tables M2 and
(ii) If the surveyor identifies a used in accordance with the M3 of this section. (Note: Freeboard is
deficiency, an immediate determination manufacturers specifications and the vertical distance between the water
is made by the surveyor as to whether limitations. line and the main deck of the vessel.)
TABLE M2 section is performed by the equipment from shifting by being mounted to a

manufacturer, or a qualified person who wire rope system. The employer must
Wind Minimum has expertise with respect to both land ensure that the wire rope system meets
Operated at speed freeboard crane/derrick capacity and the stability the following requirements:
(mph) (ft) (A) The wire rope and attachments are
of vessels/flotation devices.
Rated capacity .......... 60 2
(3) For list and trim. of sufficient size and strength to support
Rated capacity plus (i) The maximum allowable list and the side load of crane/derrick.
25% ....................... 60 1 the maximum allowable trim for the (B) The wire rope is attached
High boom, no load .. 60 2 barge, pontoon, vessel or other means of physically to the vessel/flotation device.
flotation must not exceed the amount (C) The wire rope is attached to the
necessary to ensure that the conditions crane/derrick by appropriate attachment
TABLE M3 in paragraph (n)(4) of this section are methods (such as shackles or sheaves)
met. In addition, the maximum on the undercarriage, and that the
Wind allowable list and the maximum method used will allow the crew to
Operated at speed
allowable trim does not exceed the least secure the crane/derrick from movement
For backward stability of the boom: of the following: 5 degrees, the amount during operation and to move the crane/
High boom, no load, full back list 90 mph. specified by the crane/derrick derrick longitudinally along the vessel/
(least stable condition). manufacturer, or, when, an amount is flotation device for repositioning.
not so specified, the amount specified (D) Means are installed to prevent the
(4) If the equipment is employer- by the qualified person. crane/derrick from passing the forward
made, it must not be used unless the (ii) The maximum allowable list and or aft end of the wire rope attachments.
employer has documents demonstrating the maximum allowable trim for the (E) The crane/derrick is secured from
that the load charts and applicable land crane/derrick does not exceed the movement during operation.
parameters for use meet the amount specified by the crane/derrick (v) The systems/means used to
requirements of paragraphs (m)(1) manufacturer, or, when, an amount is comply with Option (1), Option (2),
through (3) of this section. Such not so specified, the amount specified Option (3), or Option (4) of this section
documents must be signed by a by the qualified person. are designed by a marine engineer,
registered professional engineer who is (4) For the following conditions: registered professional engineer familiar
a qualified person with respect to the (i) All deck surfaces of the barge, with floating crane/derrick design, or
design of this type of equipment pontoons, vessel or other means of qualified person familiar with floating
(including the means of flotation). flotation used are above water. crane/derrick design.
(5) The employer must ensure that the (ii) The entire bottom area of the (6) Exception. For mobile auxiliary
barge, pontoons, vessel or other means barge, pontoons, vessel or other means cranes used on the deck of a floating
of flotation used: of flotation used is submerged. crane/derrick, the requirement specified
(i) Are structurally sufficient to (5) Physical attachment, corralling, by paragraph (n)(5) of this section to use
withstand the static and dynamic loads rails system and centerline cable system Option (1), Option (2), Option (3), or
of the crane/derrick when operating at meet the requirements in Option (1), Option (4) does not apply when the
the crane/derricks maximum rated Option (2), Option (3), or Option (4) of employer demonstrates implementation
capacity with all planned and actual this section, and that whichever option of a plan and procedures that meet the
deck loads and ballasted compartments. is used also meets the requirements of following requirements:
(ii) Have a subdivided hull with one paragraph (n)(5)(v) of this section. (i) A marine engineer or registered
or more longitudinal watertight (i) Option (1)Physical attachment. professional engineer familiar with
bulkheads for reducing the free-surface The crane/derrick is physically attached floating crane/derrick design develops
effect. to the barge, pontoons, vessel or other and signs a written plan for the use of
(iii) Have access to void means of flotation. Methods of physical the mobile auxiliary crane.
compartments to allow for inspection attachment include crossed-cable (ii) The plan is designed so that the
and pumping. systems attached to the crane/derrick applicable requirements of this section
(n) Land cranes/derricks. For land and vessel/flotation device, bolting or are met despite the position, travel,
cranes/derricks used on barges, welding the crane/derrick to the vessel/ operation, and lack of physical
pontoons, vessels or other means of flotation device, strapping the crane/ attachment (or corralling, use of rails or
flotation, the employer must ensure derrick to the vessel/flotation device cable system) of the mobile auxiliary
that: with chains, or other methods of crane.
(1) The rated capacity of the physical attachment. (iii) The plan specifies the areas of the
equipment (including but not limited to (ii) Option (2)Corralling. The crane/ deck where the mobile auxiliary crane
modification of load charts) applicable derrick is prevented from shifting by is permitted to be positioned, travel, and
for use on land is reduced to: installing barricade restraints (i.e., a operate, and the parameters and
(i) Account for increased loading from corralling system). Employers must limitations of such movements and
list, trim, wave action, and wind. ensure that corralling systems do not operation.
(ii) Be applicable to a specified allow the equipment to shift by any (iv) The deck is marked to identify the
location(s) on the specific barge, amount of shifting in any direction. permitted areas for positioning, travel,
pontoons, vessel or other means of (iii) Option (3)Rails. The crane/ and operation.
flotation that will be used, under the
derrick must be prevented from shifting (v) The plan specifies the dynamic
environmental conditions expected and by being mounted on a rail system. and environmental conditions that must
encountered. Employers must ensure that rail clamps be present for use of the plan.
(iii) The conditions required in and rail stops are used unless the (vi) If the dynamic and environmental
paragraphs (n)(3) and (n)(4) of this system is designed to prevent movement conditions in paragraph (n)(6)(v) of this
section are met. during operation by other means. section are exceeded, the mobile
(2) The rated capacity modification (iv) Option (4)Centerline cable auxiliary crane is attached physically or
required in paragraph (n)(1) of this system. The crane/derrick is prevented corralled in accordance with Option (1),
Option (2) or Option (4) of paragraph following sections of ASME B30.22005 (12) In section 143.2.3 (Moving the
(n)(5) of this section. (incorporated by reference, see 1926.6) Load), paragraphs (j), (l), and (m).
(7) The barge, pontoons, vessel or apply: 21.3.1; 21.3.2; 21.4.1; 21.6;
other means of flotation used: 21.7.2; 21.8.2; 21.9.1; 21.9.2; 2 1926.1441 Equipment with a rated
(i) Are structurally sufficient to hoisting/lifting capacity of 2,000 pounds or
1.11; 21.12.2; 21.13.7; 21.14.2; 2 less.
withstand the static and dynamic loads 1.14.3; 21.14.5; 21.15.; 22.2.2; 2
of the crane/derrick when operating at 3.2.1.1. In addition, 23.5 applies, The following paragraphs of this
the crane/derricks maximum rated except in 23.5.1(b), 29 CFR 1910.147 section specify requirements for
capacity with all anticipated deck loads is substituted for ANSI Z244.1. employers using equipment with a
and ballasted compartments. maximum rated hoisting/lifting capacity
(ii) Have a subdivided hull with one 1926.1439 Dedicated pile drivers. of 2,000 pounds or less.
or more longitudinal watertight (a) The provisions of subpart CC (a) The employer using this
bulkheads for reducing the free surface apply to dedicated pile drivers, except equipment must comply with the
effect. as specified in this section. following provisions of this subpart:
(iii) Have access to void (b) Section 1926.1416(d)(3) (Anti two- 1926.1400 (Scope); 1926.1401
compartments to allow for inspection blocking device) does not apply. (Definitions); 1926.1402 (Ground
and pumping. (c) Section 1926.1416(e)(4) (Load conditions); 1926.1403 (Assembly/
1926.1438 Overhead & gantry cranes.
weighing and similar devices) applies disassemblyselection of manufacturer
only to dedicated pile drivers or employer procedures); 1926.1406
(a) Permanently installed overhead manufactured after November 8, 2011. (Assembly/disassemblyemployer
and gantry cranes. The requirements of (d) In 1926.1433, only procedures); 1926.1407 through
1910.179, except for 1910.179(b)(1), 1926.1433(d) and (e) apply to 1926.1411 (Power line safety);
and not the requirements of this subpart dedicated pile drivers. 1926.1412(c) (Post-assembly);
CC, apply to the following equipment
1926.1413 through 1926.1414 (Wire
when used in construction and 1926.1440 Sideboom cranes.
rope); 1926.1418 (Authority to stop
permanently installed in a facility: (a) The provisions of this standard operation); 1926.1419 through
overhead and gantry cranes, including apply, except 1926.1402 (Ground
semigantry, cantilever gantry, wall 1926.1422 (Signals); 1926.1423 (Fall
conditions), 1926.1415 (Safety protection); 1926.1425 (Keeping clear
cranes, storage bridge cranes, and others devices), 1926.1416 (Operational aids),
having the same fundamental of the load) (except for 1926.1425(c)(3)
and 1926.1427 (Operator qualification (qualified rigger)); 1926.1426 (Free fall
characteristics. and certification).
(b) Overhead and gantry cranes that and controlled load lowering);
(b) Section 1926.1426 (Free fall and 1926.1432 (Multiple crane/derrick
are not permanently installed in a controlled load lowering) applies,
facility. liftssupplemental requirements);
except 1926.1426(a)(2)(i). Sideboom 1926.1434 (Equipment modifications);
(1) This paragraph applies to the
cranes in which the boom is designed to 1926.1435 (Tower cranes); 1926.1436
following equipment when used in
free fall (live boom) are permitted only (Derricks); 1926.1437 (Floating cranes/
construction and not permanently
if manufactured prior to November 8, derricks and land cranes/derricks on
installed in a facility: Overhead and
2010. barges); 1926.1438 (Overhead & gantry
gantry cranes, overhead/bridge cranes,
(c) Sideboom cranes mounted on cranes).
semigantry, cantilever gantry, wall
wheel or crawler tractors must meet all (b) Assembly/disassembly.
cranes, storage bridge cranes, launching
of the following requirements of ASME
gantry cranes, and similar equipment (1) In addition to compliance with
B30.142004 (incorporated by reference,
having the same fundamental 1926.1403 (Assembly/disassembly
see 1926.6):
characteristics, irrespective of whether selection of manufacturer or employer
(1) Section 141.1 (Load Ratings).
it travels on tracks, wheels, or other procedures) and 1926.1406 (Assembly/
(2) Section 141.3 (Side Boom
means. disassemblyemployer procedures), the
(2) The following requirements apply Tractor Travel).
employer must also comply with
to equipment identified in paragraph (3) Section 141.5 (Ropes and
1926.1441(b)(2)(3).
(b)(1) of this section: Reeving Accessories).
(4) Section 141.7.1 (Booms). (2) Components and configuration.
(i) Sections 1926.1400 through The employer must ensure that:
1926.1414; 1926.1417 through (5) Section 141.7.2 (General
RequirementsExhaust Gases). (i) The selection of components, and
1926.1425; 1926.1426(d), 1926.1427 the configuration of the equipment, that
through 1926.1434; 1926.1437, (6) Section 141.7.3 (General
RequirementsStabilizers (Wheel-Type affect the capacity or safe operation of
1926.1439, and 1926.1441. the equipment complies with either the:
(ii) The following portions of Side Boom Tractors)).
(7) Section 141.7.4 (General (A) Manufacturer instructions,
1910.179:
(A) Paragraphs (b)(5),(6),(7); RequirementsWelded Construction). recommendations, limitations, and
(e)(1),(3),(5),(6); (f)(1),(4); (g); (h)(1),(3); (8) Section 141.7.6 (General specifications. When these documents
(k); and (n) of 1910.179. RequirementsClutch and Brake and information are unavailable, a
(B) The definitions in 1910.179(a) Protection). registered professional engineer familiar
except for hoist and load. For those (9) Section 142.2.2 (TestingRated with the type of equipment involved
words, the definitions in 1926.1401 Load Test), except that it applies only must approve, in writing, the selection
and configuration of components; or
apply. to equipment that has been altered or

(C) Section 1910.179(b)(2), but only modified. (B) Approved modifications that meet
where the equipment identified in (10) In section 143.1.2 (Operator the requirements of 1926.1434
paragraph (b)(1) of this section Qualifications), paragraph (a), except (Equipment modifications).
( 1926.1438) was manufactured before the phrase When required by law. (ii) Post-assembly inspection. Upon
September 19, 2001. (11) In section 143.1.3 (Operating completion of assembly, the equipment
(iii) For equipment manufactured on Practices), paragraphs (e), (f)(1)(f)(4), is inspected to ensure that it is in
or after September 19, 2001, the (f)(6), (f)(7), (h), and (i). compliance with paragraph (b)(2)(i) of
this section (see 1926.1412(c) for post- recommended operating speeds, special to operating the equipment, on the safe
assembly inspection requirements). hazard warnings, instructions, and operation of the type of equipment the
(3) Manufacturer prohibitions. The operators manual are readily available operator will be using.
employer must comply with applicable for use by the operator. (f) Signal person qualifications. The
manufacturer prohibitions. (iii) When rated capacities are employer must train each signal person
(c) Operationprocedures. available at the control station only in in the proper use of signals applicable
(1) The employer must comply with electronic form and a failure occurs that to the use of the equipment.
all manufacturer procedures applicable makes the rated capacities inaccessible,
to the operational functions of the the operator immediately ceases (g) [Reserved.]
equipment, including its use with operations or follows safe shut-down (h) Inspections. The employer must
attachments. procedures until the rated capacities (in ensure that equipment is inspected in
(2) Unavailable operation procedures. electronic or other form) are available. accordance with manufacturer
The employer must: (d) Safety devices and operational procedures.
(i) When the manufacturers aids. (i) [Reserved.]
procedures are unavailable, develop, (1) The employer must ensure that
and ensure compliance with, all safety devices and operational aids that (j) Hoisting personnel. The employer
procedures necessary for the safe are part of the original equipment are must ensure that equipment covered by
operation of the equipment and maintained in accordance with this section is not used to hoist
attachments. manufacturer procedures. personnel.
(ii) Ensure that procedures for the (2) Anti two-blocking. The employer (k) Design. The employer must ensure
operational controls are developed by a must ensure that equipment covered by that the equipment is designed by a
qualified person. this section manufactured more than qualified engineer.
(iii) Ensure that procedures related to one year after November 8, 2010 have
the capacity of the equipment are either an anti two-block device that 1926.1442 Severability.
developed and signed by a registered meets the requirements of Should a court of competent
professional engineer familiar with the 1926.1416(d)(3), or is designed so that, jurisdiction hold any provision(s) of
equipment. in the event of a two-block situation, no subpart CC to be invalid, such action
(3) Accessibility. The employer must damage or load failure will occur (for shall not affect any other provision of
ensure that: example, by using a power unit that the subpart.
(i) The load chart is available to the stalls in response to a two-block BILLING CODE 451026P
operator at the control station; situation).
(ii) Procedures applicable to the (e) Operator qualifications. The Appendix A to Subpart CC of Part
operation of the equipment, employer must train each operator, prior 1926Standard Hand Signals
BILLING CODE 451026C

ER09AU10.003</GPH>
Appendix B to Subpart CC of Part The following scenario is an example of crane that is rigged to support the boom
1926Assembly/Disassembly: Sample how the exception applies: A boom cannot be section that is being detached, using
Procedures for Minimizing the Risk of disassembled on the ground because of particular care to ensure that the section end
Unintended Dangerous Boom aboveground piping (as might be found, for that is near the employee(s) removing the
example, in an oil refinery) that precludes pins is well supported. The duration and
Movement lowering the boom to the ground. The boom extent of exposure is minimized by removing
1. Section 1926.1404(f)(1) provides that must therefore be disassembled in the air, the far side pins first, moving the aerial lift
when pins (or similar devices) are being and the employees who remove the pins basket as soon as possible to the near side so
removed, employees must not be under the must perform that work from an aerial lift that the employees are no longer under the
boom, jib, or other components, except where whose base is positioned on one side (the
boom, and then removing the near side pins.
the requirements of 1926.1404(f)(2) are met. near side) of the boom. To gain access to the
2. Section 1926.1404(h)(6)(i) provides that,
The exception in 1926.1404(f)(2) applies pins on the far side, the aerial lift basket must
during assembly/disassembly, the center of
when the employer demonstrates that site move under the boom, since, due to lack of
constraints require one or more employees to room, the aerial lift cannot be repositioned gravity of the load must be identified if that
be under the boom, jib, or other components on the far side. Due to lack of room, the aerial is necessary for the method used for
when pins (or similar devices) are being lift cannot be repositioned on the far side, so maintaining stability. Section
removed. In such a situation, the A/D the aerial basket must move under the boom 1926.1404(h)(6)(ii) states that, where there is
director must implement procedures that to gain access to the pins on the far side. insufficient information to accurately
minimize the risk of unintended dangerous To minimize the risk of unintended identify the center of gravity, measures
movement and minimize the duration and dangerous movement while the pins are designed to prevent unintended dangerous
ER09AU10.004</GPH>
extent of exposure under the boom. removed, the A/D director uses an assist movement resulting from an inaccurate
identification of the center of gravity must be (iv) Hydraulic. (9) How to determine where the load is to
used. (v) Combination. be picked up and placed and how to verify
An example of the application of (8) The significance of the instruments and the radii.
1926.1404(h)(6)(ii) is as follows: The boom gauge readings. (10) Know basic rigging procedures.
is assembled by lowering boom sections (9) The effects of thermal expansion and (11) How to carry out the shift inspection
sequentially into place using an assist crane. contraction in hydraulic cylinders. required in this subpart.
The A/D directors plan is to keep the boom (10) Background information necessary to (12) Know that the following operations
sections stable while they are lowered into understand the requirements of pre-operation require specific procedures and skill levels:
place by attaching the assist crane hoist line and inspection. (i) Multi-crane lifts.
above the center of gravity of each section. (11) How to use the safety devices and
(ii) Hoisting personnel.
However, in assembling the non-symmetrical operational aids required under 1926.1415
and 1926.1416. (iii) Clamshell/dragline operations.
top section of the boom, the A/D director is
not able to determine where to attach the (12) The difference between duty-cycle and (iv) Pile driving and extracting.
assist crane hoist line so that it is above the lifting operations. (v) Concrete operations, including poured-
center of gravity. In this situation, before (13) How to calculate net capacity for every in-place and tilt-up.
raising the section, all personnel are kept possible configuration of the equipment (vi) Demolition operations.
clear of the section and the section is first using the manufacturers load chart. (vii) Operations on water.
raised a few inches to determine whether it (14) How to use manufacturer-approved (viii) Magnet operations.
tips when raised (if it did tip, it would attachments and their effect on the (ix) Multi-drum operations.
indicate it is not rigged over the center of equipment. (13) Know the proper procedures for
gravity). If this occurs, the hoist line is (15) How to obtain dimensions, weight, operating safely under the following
repositioned and the procedure repeated and center of gravity of the load. conditions:
(with employees kept clear of the section (16) The effects of dynamic loading from: (i) Traveling with suspended loads.
while it is raised) until the A/D director (i) Wind. (ii) Approaching a two-block condition.
determines that it is rigged over the center of (ii) Stopping and starting. (iii) Operating near power lines.
gravity and can be moved into place without (iii) Impact loading. (iv) Hoisting personnel.
dangerous movement. (iv) Moving with the load. (v) Using other than full outrigger/crawler
(17) The effect of side loading. or stabilizer extensions.
Appendix C to Subpart CC of Part (18) The principles of backward stability.
1926Operator Certification: Written (vi) Lifting loads from beneath the surface
(b) Site information.
Examination: Technical Knowledge of the water.
(1) How to identify the suitability of the
Criteria (vii) Using various approved counterweight
supporting ground/surface to support the
expected loads of the operation. Elements configurations.
This appendix contains information for (viii) Handling loads out of the operators
include:
employers, accredited testing organizations, vision (operating in the blind).
(i) Weaknesses below the surface (such as
auditors and government entities developing (ix) Using electronic communication
voids, tanks, loose fill).
criteria for a written examination to test an systems for signal communication.
(ii) Weaknesses on the surface (such as
individuals technical knowledge relating to (14) Know the proper procedures for load
the operation of cranes. retaining walls, slopes, excavations,
depressions). control and the use of hand-held tag lines.
(a) General technical information. (15) Know the emergency response
(1) The functions and limitations of the (2) Proper use of mats, blocking/cribbing,
outriggers, stabilizers, or crawlers. procedure for:
crane and attachments.
(3) Identification of site hazards such as (i) Fires.
(2) Wire rope:
(i) Background information necessary to power lines, piping, and traffic. (ii) Power line contact.
understand the inspection and removal from (4) How to review operation plans with (iii) Loss of stability.
service criteria in 1926.1413 and supervisors and other workers (such as the (iv) Control malfunction.
1926.1414. signal person), including how to determine (v) Two-blocking.
(ii) Capacity and when multi-part rope is working height, boom length, load radius, (vi) Overload.
needed. and travel clearance. (vii) Carrier or travel malfunction.
(iii) Relationship between line pull and (5) How to determine if there is adequate (16) Know how to properly use outriggers
safe working load. room for extension of crawlers or outriggers/ and stabilizers in accordance with
(iv) How to determine the manufacturers stabilizers and counterweights. manufacturer specifications.
recommended rope for the crane. (c) Operations. (d) Use of load charts.
(3) Rigging devices and their use, such as: (1) How to pick, carry, swing and place the (1) Know the terminology necessary to use
(i) Slings. load smoothly and safely on rubber tires and load charts.
(ii) Spreaders. on outriggers/stabilizers or crawlers (where (2) Know how to ensure that the load chart
(iii) Lifting beams. applicable). is the appropriate chart for the equipment in
(iv) Wire rope fittings, such as clips, (2) How to communicate at the site with its particular configuration and application.
shackles and wedge sockets. supervisors, the crew and the signal person. (3) Know how to use load charts. This
(v) Saddles (softeners). (3) Proper procedures and methods of
includes knowing:
(vi) Clamps (beams). reeving wire ropes and methods of reeving
(i) The operational limitations of load
(4) The technical limitations of protective multiple-part lines and selecting the proper
charts and footnotes.
measures against electrical hazards: load block and/or ball.
(4) How to react to changes in conditions (ii) How to relate the chart to the
(i) Grounding.
that affect the safe operation of the configuration of the crane, crawlers, or
(ii) Proximity warning devices.
equipment. outriggers/stabilizers extended or retracted,
(iii) Insulated links.
(iv) Boom cages. (5) How to shut down and secure the jib erected or offset, and various
(v) Proximity to electric power lines, radii, equipment properly when leaving it counterweight configurations.
and microwave structures. unattended. (iii) The difference between structural
(5) The effects of load share and load (6) Know how to apply the manufacturers capacity and capacity limited by stability.
transfer in multi-crane lifts. specifications for operating in various (iv) What is included in capacity ratings.
(6) Basic crane terms. weather conditions, and understand how (v) The range diagram and its relationship
(7) The basics of machine power flow environmental conditions affect the safe to the load chart.
systems. operation of the equipment. (vi) The work area chart and its
(i) Mechanical. (7) How to properly level the equipment. relationship to the load chart.
(ii) Electrical. (8) How to verify the weight of the load (vii) Where to find and how to use the
(iii) Pneumatic. and rigging prior to initiating the lift. parts-of-line information.
(4) Know how to use the load chart

together with the load indicators and/or load
moment devices.
[FR Doc. 201017818 Filed 72810; 8:45 am]
BILLING CODE 451026P

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Monday,

29 CFR Part 1926

DEPARTMENT OF LABOR Washington, DC 20210; telephone (202) II. Background

rule. A. Table of Contents

issue when not more than two non-

TABLE 1THE QUALIFICATIONS OF CDAC MEMBERS

William Smith, Maxim Crane Works (lessors/maintenance)

TABLE 1THE QUALIFICATIONS OF CDAC MEMBERSContinued

ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARS

Total Annualized Costs .................................................................................................................................................. 154.1 million.

ANNUAL BENEFITS, COSTS, AND NET BENEFITS, 2010 DOLLARSContinued

Total Monetized Benefits ............................................................................................................................................... $209.3 million.

Annual Net Benefits (Benefits minus Costs) ............................................................................................................................... $55.2 million.

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSES

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

The Agency reviewed data on wage rates for operators in California

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

TABLE 4SBREFA PANEL RECOMMENDATIONS AND OSHA RESPONSESContinued

following the procedures specified in 1

reference 1926.1431(a) because the

for public comment is unnecessary

Interpretation to Raymond V. Knobbs, exempt construction work performed by

install poles for telecommunication

promulgated as proposed. only to provide a limited exception

trimming performed for maintenance

to move HVACR equipment falls standard an articulating/knuckle-boom specified in 1926.1402(c),

TABLE 5INDEX OF DEFINED TERMS

A/D director .............................................. 1926.1404(a) ................... Load ........................................................ 1926.1401

TABLE 5INDEX OF DEFINED TERMSContinued

and declines to incorporate ANSI/ASSE cause of injuries and fatalities. For

conditions are inadequate. To address would be unduly burdensome and

ground conditions are inadequate, the

need to avoid. (See 1926.1404(d).)

communications link would not present

place (see 73 FR 59746, Oct. 9, 2008). to figure 1, OSHA is promulgating the

requirements approved in accordance also applies to stabilizers. Section

requirement is needed in subpart CC synthetic slings. Second, the employer

distance (i.e., the clearance distance

proximity alarm as: a device that provides a

45 The information in Table A of the final rule is

similar to information in Table 1 of ASME B30.5

option in the final rule will provide an sufficient warning to prevent

paragraph (b), is to employ effective 1926.1407(e), working days means

is deenergized and visibly grounded. 53 Another commenter opposed the proposed

citation under the General Duty Clause

within the Table A distances, OSHA

1926.1408(b)(3). This provision does

one-year interim period. To be eligible

stated that frequently in those operations there is

65 It should be noted that hazardous potential

used in utility pole work; (2) deleting

71 The phrase modifications or additions and

ground conditions around the referred to deficiencies in paragraphs (d)(1)(i)

their bases. A full discussion of the

then be responsible for checking the

any items listed in the annual/

the end of 1926.1412. inspection by a qualified person. As

source other than a power line, the

paragraphs (a) and (b) of this section. In in 1926.1413(c)(2)(ii)(C) and

Paragraph (c) of sec. 51.7.1 is excluded

based on numerous considerations (ID0205.1; 0213.1.)