OSHA's final rule on Cranes and Derricks in Construction has been issued. Click here to view the document. As we review the document further, we will provide additional information on the new requirements.
OSHA's Cranes and Derricks in Construction final rule has just cleared the Office of Management and Budget (OMB), setting the stage for this important rule to be published within the next few weeks.
As previously discussed in this space, this final rule has been several years in the making. The proposal contained over 40 separate sections of detailed requirements in such areas as crane assembly, crane operation, inspections, and operator training and certification. The most controversial provision in the proposed rule related to “Operator Qualification and Certification.” OSHA proposed that all crane operators be certified to operate a crane, principally by having the operators trained and tested by an “accredited” crane operator testing organization. This provision alone was estimated by OSHA to cost employers $37.3 million.
Construction employers who use cranes in their operations must be prepared to implement the requirements in the final rule. Once published, we will provide additional information on the final rule's provisions.
OSHA's Cranes and Derricks in Construction final rule is currently under review at the Office of Management and Budget. The rule was received by OMB on April 9, 2010, which means that OSHA could publish the rule by the end of July. Construction employers who use cranes in their operations must prepare for what is sure to be a significant overhaul of OSHA's rules for crane operations.
This final rule has been several years in the making. It was developed by the Agency through negotiated rulemaking, whereby representatives of employers and organized labor work together with OSHA to develop a draft rule. Consensus was reached by the negotiated rulemaking committee in 2004 and the Agency has been preparing the rule ever since.
The proposal contained over 40 separate sections of detailed requirements in such areas as crane assembly, crane operation, inspections, and operator training and certification. The most controversial provision in the proposed rule related to “Operator Qualification and Certification.” OSHA proposed that all crane operators be certified to operate a crane, principally by having the operators trained and tested by an “accredited” crane operator testing organization. This provision alone was estimated by OSHA to cost employers $37.3 million.
Other key requirements proposed by the Agency included:
While OSHA will allow employers time to come into compliance with the new requirements, construction employers should immediately review the final rule once it is published and start to make any necessary changes to their crane operations.
Citing the high number of construction fatalities in Texas, Secretary of Labor Hilda Solis announced recently that OSHA will start a new enforcement initiative targeting the construction industry in that state. Secretary Solis made the announcement in San Antonio at the annual conference of the American Society of Safety Engineers. Construction employers in Texas should take note of this new initiative and ensure that they continue to be fully compliant with OSHA standards.
While there are few details of the new enforcement initiative available, Secretary Solis stated that:
Secretary Solis stated that in 2008, there were 67 construction fatalities in Texas and in 2009 there already have been 33 fatalities reported. According to the Secretary, more workers die in Texas than in any other state.
This initiative is just one part of OSHA’s expanded enforcement efforts under the new Labor Secretary. OSHA will be hiring over 100 new inspectors and issuing five new National Emphasis Programs. In San Antonio, Secretary Solis reiterated her commitment to more enforcement: “As I have said since my first day on the job – the U.S. Department of Labor is back in the enforcement business.”
We will, of course, keep you informed as more details of this and other enforcement initiatives become available.
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