OSHA’s standard, 29 C.F.R. § 1926.1427, which sets out operator qualification and certification requirements for cranes used in the construction industry is currently set to take effect on November 10, 2014.  However, after significant concerns among stakeholders regarding these requirements, in February, OSHA proposed a three-year extension to the operator certification deadline and requested public comment on or before March 12, 2014.

OSHA proposed this extension, in part, due to issues pertaining to the requirements in the standard addressing crane operator
certification that arose shortly after OSHA issued the final rule. After the final standard was issued, OSHA took the position that an operator is qualified to operate a particular piece of equipment if the operator is certified for that type and capacity of equipment or for higher-capacity equipment of that type. Therefore, an operator certified to operate a 100-ton hydraulic crane may operate a 50-ton hydraulic crane but not a 200-ton hydraulic crane. OSHA’s interpretation raised concerns for many stakeholders who believe that certification should be limited to the type of crane, not the capacity.

OSHA received over 60 comments in response to its request for public comment with one submission from Crane Institute Certification requesting that OSHA hold a public hearing.

OSHA has now announced that it will hold an informal public hearing on Monday, May 19, 2014 at 9:30 a.m. in the auditorium of the U.S. Department of Labor at 200 Constitution Avenue, N.W., Washington, D.C. 20210.

Individuals who wish to testify at the informal public hearing must submit a notice of intention to appear by April 25, 2014.  Individuals interested in speaking can submit a notice of intention to appear electronically at http://www.regulations.gov and submitting the request to Docket ID-OSHA-2007-0066.  Additionally, notices can be faxed to the OSHA Docket Office at 202-693-1648.

Additional information regarding the informal public hearing can be found online.

https://www.federalregister.gov/articles/2014/04/15/2014-08512/cranes-and-derricks-in-construction-operator-certification?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov

 

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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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