ABC Aug. 17 sent a letter to the Occupational Safety and Health Administration (OSHA) asking the agency to delay implementation of the work practice provisions its new final rule on crane and derrick safety until contractors have had a reasonable amount of time to review official compliance assistance material, which has yet to be issued.
“ABC is not requesting an arbitrary extension intended to delay a rule of significant importance to our industry,” said Sean Thurman, ABC manager of regulatory affairs.” “Our concern is that OSHA’s work on this important rulemaking isn’t finished yet – publishing the rule is only the start. OSHA also needs uphold its commitment to assist the industry—especially small businesses—by offering some much-needed guidance on the rule’s many provisions.”
The updated rule is set to be effective Nov. 8. To assist the industry in compliance with the provisions of the rule, OSHA indicated that it would release guidance resources for the 1,100-page final rule within one month of the rule’s release date; however, to date, OSHA has only provided employers with a
one-page fact sheet and a set of
frequently asked questions.
ABC pointed out in a letter sent to OSHA Assistant Secretary David Michaels that most of its members are small businesses that do not have the time or resources to fully understand the rule. Furthermore, OSHA is the only entity with the authority to officially define compliance, and the agency resources currently available to the industry are insufficiently detailed.
“Despite their good-faith attempts to interpret and comply with the final rule’s requirements by the stated effective date, the absence of official compliance assistance materials will place these smaller contractors at a significant disadvantage when OSHA compliance officers set out to enforce the final rule’s work practice provisions on Nov. 8,” the letter stated. “ABC firmly believes that practical compliance assistance – and not enforcement alone – is the key to ensuring and enhancing safety in our industry.”
For more information on the crane and derrick final rule, visit
www.abc.org/finalregulations.