By Brad Hammock, Construction Executive Magazine
The most significant safety standard issued in the last two decades, the Occupational Safety and Health Administration’s (OSHA) new rule regarding the use of cranes and derricks in construction, contains more than 40 separate sections of detailed requirements in areas such as crane assembly, crane operation, inspections, and operator training and certification.
Employers have until Nov. 8—just 90 days from publication of the final rule in the Federal Register—to comply with the vast majority of provisions in the new rule, which is more than 1,000 pages long. OSHA estimates compliance will cost the construction industry approximately $155 million per year.
Broad Scope
The final rule applies to virtually all power-operated equipment that can hoist, lower and horizontally move a suspended load. There are, however, some specific exclusions. For example, machinery that has been converted to a non-hoisting/lifting use is not covered by the rule. Aerial lifts also are excluded, as are forklifts, except when used to hoist and lower by means of a winch or hook and horizontally move a suspended load.
The agency also carved out an exception for certain material delivery operations. Articulating/knuckle-boom truck cranes that deliver materials to a construction site and are used to transfer materials from the truck crane to the ground—without arranging the materials in a particular sequence for hoisting—are excluded from the scope of the rule. The same truck cranes generally are excluded when used to transfer building supply sheet goods or packaged materials from the truck crane onto a structure using a fork/cradle at the end of the boom.
However, the exclusions do not apply when the crane is used to hold, support or stabilize any material. They also do not apply when the material is a prefabricated component, a structural steel member or a component of a systems-engineered metal building.
Operator Qualification and Certification
The most significant aspect of the new rule is the requirement that crane operators be certified prior to operating any covered equipment. OSHA has made it clear that employers must bear the costs associated with operator certification.
In what could be seen as a change from past practice, crane operators who are required to be licensed in their local jurisdictions also must be licensed to comply with the new federal standard. This requirement takes effect Nov. 8.
Employers operating in jurisdictions without licensing requirements have two principal options for certifying their operators meet OSHA’s criteria:
- Certification by an accredited crane operator testing organization. A testing organization must be accredited by a nationally recognized accrediting agency and meet industry-recognized criteria for written testing materials, practical examinations, test administration, grading, facilities/equipment and personnel.
- Qualification by an audited employer program. Employers may qualify operators through their own testing program. However, the program must utilize tests either developed by an accredited crane operator testing organization or approved by an auditor who is certified by an accredited crane operator testing organization.
Employers have until November 2014 to fulfill this licensing requirement.
Key Regulatory Requirements
In addition to the certification mandate, the rule contains several key requirements for construction companies that use cranes. Not all of these requirements apply to all operations or to all cranes. Nevertheless, employers should analyze existing practices to ensure compliance with the following requirements.
- Ground conditions. OSHA requires that the ground used to support equipment be sufficiently firm, drained and graded to provide adequate and level support for the equipment. The “controlling entity” must ensure adequate conditions are in place before equipment assembly takes place.
- Inspections. The final rule requires inspections of equipment under the following circumstances: when equipment has had modifications or additions that affect safe operation; when equipment has had a repair or adjustment that relates to safe operation; upon completion of assembly of the equipment; prior to each shift, with additional monthly and annual inspections by a qualified person; and when the severity of use or conditions is such that there is a reasonable probability of damage.
- Signalperson qualifications. The final rule establishes a complicated set of requirements for the use of signals during crane operations, including qualification requirements for the signalperson.
OSHA’s final rule also includes requirements for additional training, work near power lines and the use of specific cranes (e.g., tower cranes, derricks, overhead and gantry cranes, or sideboom cranes).
What Should Construction Employers Do Now?
Virtually all of the requirements in the rule take effect Nov. 8, which does not provide a lot of time for employers to comb through the rule, understand its requirements and assess their crane operation procedures. That said, here are some quick compliance hints:
- Review OSHA’s regulatory text thoroughly to analyze provisions applicable to operations, and compare those against existing policies and practices.
- Contact any crane lessors to determine the steps they are taking to ensure compliance with OSHA’s rule.
- Coordinate training and crane inspections with crane manufacturers or lessors.
- Focus immediately on operator qualification and certification. Employers operating in jurisdictions with compliant licensing requirements only have until Nov. 8 to ensure all operators are licensed.