In addition to proposing a three-year extension to the operator certification requirements under the final cranes and derricks in construction standard, 1926 – Subpart CC, OSHA further extended the temporary enforcement policy memorandum regarding the use of proximity alarms and insulating links on cranes and derricks operating near power lines.

OSHA’s final standard for cranes and derricks in construction provides employers with several options for operating cranes near power lines.  One option includes the use of a proximity alarm or insulating link/device.  These devices “warn of proximity to power lines or that insulate against electricity.” 29 C.F.R. § 1926.1401.  Additionally, these devices are required to be listed, labeled or accepted by a Nationally Recognized Testing Laboratory (NRTL).

Currently, however, no proximity alarm or insulating link/device has been approved or meets the NRTL requirements.  Because of this, in July 2012, OSHA issued a temporary enforcement policy memorandum informing compliance officers that if a crane or derrick being inspected has  an insulating link/device, no citation shall be issued, so long as employees are properly protected by an” additional measure” listed in § 1926.1407(b)(3) or § 1926. 1408(b)(4).  For example, this additional measure could include using a dedicated spotter or range control warning device.

This temporary enforcement policy memorandum expired on November 8, 2013.  On January 24, 2014, OSHA requested that all regional offices continue to follow the July 2012 temporary enforcement policy. OSHA anticipates issuing another memorandum updating the July 2012 enforcement policy in the next few months.  Additionally, OSHA plans to propose further rulemaking to address this issue, however, it is unclear when the Agency will move forward with a proposed rule.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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