Web Chat with OSHA - Cranes and Derricks Final Rule - July 28, 2010 (Static Version)

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Web Chat with OSHA - Cranes and Derricks Final Rule (Static Version)
Wednesday, July 28, 3 p.m. EDT Read the regulatory text. Visit OSHA's Cranes and Derricks page. How to Participate Enter your question directly into the live chat window found on the interactive page. E-mail us at open@dol.gov during the live chat and use "Cranes" as your subject line. 2:54 Moderator: Good afternoon. We'll get started in a few minutes, but you can send in your questions and comments at any time. There is no audio or video with the chat, only text. 3:01 David Michaels: Good Afternoon. Thank you for joining us and taking time to participate in todays web chat on OSHAs new Cranes and Derricks in Construction final rule. Im David Michaels, Assistant Secretary for Labor for Occupational Safety and Health and I am joined by OSHA staff members who will be answering your questions. OSHAs historic new standard replaces a decades old standard and affects approximately 267,000 construction, crane rental, and crane certification establishments with about 4.8 million workers. The significant number of fatalities associated with the use of cranes and derricks in construction and the considerable technologic advances in equipment since the publication of the old rule issued in 1971, led OSHA to undertake this rulemaking. In 1998, OSHAs expert Advisory Committee on Construction Safety and Health (ACCSH) established a workgroup to develop recommended changes to the current standard for cranes and derricks. In December 1999, ACCSH recommended that the Agency use negotiated rule making to develop the rule. The Cranes and Derricks Negotiated Rulemaking Committee (C-DAC) was convened in July 2003 and reached consensus on its draft document in July 2004. In 2006, ACCSH recommended that OSHA use the C-DAC consensus document as a basis for OSHAs proposed rule, which was published in 2008. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. The new rule is designed to prevent the leading causes of fatalities including electrocution, crushedby/struck-by hazards during assembly/disassembly, collapse, and overturn. It also sets forth requirements for ground conditions and crane operator assessment. In addition, this rule address tower crane hazards, the use of synthetic slings for assembly/disassembly work, and clarifies the scope by providing both a functional description and a list of examples for the equipment that is covered. OSHA anticipates that this standard will prevent 22 fatalities and 175 non-fatal injuries each year. We are looking forward to answering any questions you have regarding the new cranes and derricks standard. A transcript of this chat will remain available on this website after the chat is over. OSHA plans to have fact sheets and other compliance assistance material available within the next month. 3:03 Comment From Guest: Will this affect General Industry also? 3:03 OSHA Staff: Guest: No, This affects construction only. 3:04 Comment From Anthony: Are there going to be new publications over these new regulations and if so, when and where are they going to be avalable? How does one go about and order them? 3:04 OSHA Staff: Thanks Anthony, yes compliance assistance materials are being produced now and will be available over the coming weeks. Regional and Area offices will also be producing training materials. 3:04 Comment From Guest: I August 9th the date? and Effective Nov. 8 2010 3:04 OSHA Staff: Hi Guest, The answer is "yes." 3:04 Comment From Michael Rorex: Is it true that you will have up to 4 years to obtain an accredited certification? 3:04 OSHA Staff: Michael: Yes, unless you are in a city or state with local licensing requirements. 3:04 Comment From John: If I am a Distributer and use Knuckle Booms do I still fall under the new standard 3:05 OSHA Staff: John, thanks for your question about Knuckle Booms. Knuckle Boom cranes are covered by this final rule when employers are engaged in construction work. We have provided limited exclusions based on the type of work being performed that are explained in the preamble for Section 1926.1400, scope. 3:05 Comment From Hugh Pratt: Firstly may I congratulate you and thank you all the years of hard work you and your department have put into this matter. 3:05 OSHA Staff: Thanks 3:06 Comment From John: can you please speak in detail of the Proximity rule change 3:06 OSHA Staff: Thanks for your question, I believe you are referring to our proximity rules related to construction work sites where power lines may be present. For detailed information of our new rule please go to sections 1926.1407-1926.1411 in the rule that is posted on the federal register website under Special Filings (www.federalregister.gov) 3:06 Comment From Jason: Do you have a firm date as to final rule publication? 3:06 OSHA Staff: Hi Jason, Publication date for the final rule is August 9.

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3:07 Comment From Joseph Birkbeck: I can not find the print of the text on the OSHA Sites 3:07 Moderator: The text of the regulation can be found at http://www.osha.gov/cranes-derricks/. 3:07 Comment From Gregg: Will we be able to get a transcript of this presentation. 3:07 Moderator: The full text of this chat will remain available on this page after the chat ends. 3:08 Comment From Kellye: is OSHA requiring all crane operators to be certified, even if those states that don't currently require such certification? 3:08 OSHA Staff: Kellye, thanks for the question. Yes, all operators will have to be certified either through the new regulation and, if applicable, through their city or state requirements that meet the new standard. 3:10 Comment From R LaRue: Will Signal lpersons have to be certified? If not then what will be sufficient to make them qualified 3:10 OSHA Staff: Signal persons have to be qualified according to section 1926.1428. 3:10 Comment From John: I understand we are going from 10 to 20 foot on the proximity. Can you please speak about the spotter rule 3:10 OSHA Staff: Thanks for the question John, I assume you are referring to electrical hazards involving overhead power lines these issues are addressed in 1926.1407-1411 3:11 Comment From Mary Lou Reece: Does this affect all sizes of cranes and all sizes of construction projects? 3:11 OSHA Staff: Thank you for the question, Mary Lou. This new rule will affect most types of cranes and derricks engaged in construction activity. There are some types of equipment that are not covered by this rule. Please see our scope section at 1926.1400, which outlines the equipment covered by this rule. 3:11 Comment From Brian: How will this effect General Contractors that do not own cranes? 3:11 OSHA Staff: This rule may require general contractors to share information and receive information regarding ground conditions. 3:12 Comment From PIC: How does this effect the 1910 application of cranes in general industry 3:12 OSHA Staff: PIC: This regulation will not alter the general industry standards regarding cranes. 3:12 Comment From Guest: What if you are in General Industry but doing construction type work? 3:12 OSHA Staff: Yes you will fall under the new standard 3:14 Comment From Steve Fowee: Are the changes reflective of the current maritime standards? 3:14 OSHA Staff: This rule will apply to maritime operations when cranes are performing construction activities. There are exceptions covered under the scope. 3:16 Comment From Lynn: So, crane operators in a plant will not be affected by the new standard? 3:16 OSHA Staff: Lynn, thanks for the question. Crane operators in a plant will not be affected as long as they are not engaged in construction-related activities. 3:16 Comment From Matt: Other than the 4 year certification period, does the rest of the standard go into effect in November? 3:16 OSHA Staff: Thanks for the question. Unless otherwise specified the standard goes into effect ninety days after publication. 3:16 Comment From Javier Arias: Can you please provide with the five major changes afecting construction in this new ruling. 3:16 OSHA Staff: Major changes include (not in any particular order of importance): * New ground condition requirements * Third-party qualified operators * Qualified riggers * Qualified signal persons * Increased inspection requirements 3:17 Comment From Chuck Cooke: Are the standards based on B30.5 2004 OR B30.5 2007 3:17 Comment From Brian: is the use of synthetic slings and qualified rigger specific to tower cranes? 3:17 OSHA Staff: Thank you for your question, Chuck. The final rule is based on all evidence in the record. The foundation for this rule was developed by a negotiated rulemaking committee which represented a wide variety of industry interests. Additionally, comments received on the proposed rule published in October 2008 and information from public hearings conducted March 2009 formed the basis for this final rule. 3:17 OSHA Staff: Brian-the answer to your question is no. 3:18 Comment From Jason: What about cranes that are used in demolition? Will they fall under the new standard? 3:18 OSHA Staff: Thanks for the question. For cranes used in demolition see section 1926.1501 3:19 Comment From Guest: Does this rule apply to any industry as long as there is construction work going? 3:19 OSHA Staff: Thanks for the question. This rule applies to construction related activity. 3:19 OSHA Staff: Ed--the standard includes a definition in 1926.1401 and further stipulates when a qualified rigger is necessary. Riggers are not required to be certified, but must be qualified for the rigging they are doing.

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3:19 Comment From Ed: Will the new standard include a section for certified riggers? Or will that be a standard of itself? 3:20 Comment From Lloyd L. Kolker: Is a boom Truck a crane and subject to the crane reg. 3:20 Comment From Mike V.: Hi, Page 221 states The employer must ensure that equipment covered by this section is not used to hoist personnel. Does this mean no more lefting of personnel by mobile cranes? 3:20 Comment From Rigging Trainer: What is a qualified rigger? 3:20 OSHA Staff: Lloyd Kilker: Yes. The crane and derrick standards apply to boom trucks. It is considered a crane. Mike V.: Hoisting personnel is permitted under the cranes and derricks standard. See 1926.1431. Rigging Trainer: See definitions in 1926.1401 3:21 Comment From Hugh Pratt: How can stakeholders with an interest in public safety co operate with OSHA to inform the industry. Will OSHA have a partnership scheme? 3:21 OSHA Staff: Hugh--OSHA is always interested in setting up a working partnership. If you or your group are interested in a partnership in this area, we'd be happy to work with you on it. 3:23 Comment From larry: If my state (NC) has already released their version of the Crane Standard, which has presidence-federal or state? 3:23 OSHA Staff: Larry--thanks for your question. State planned states will be expected to adopt an 'at least as effective' standard or amend their existing standard within 6 months. 3:23 Comment From Guest: what are the major changes that affect construction 3:23 Comment From JimT: Will there be medical surveillance requirements? 3:23 OSHA Staff: Thanks Guest, several provisions were added or revised since the rule was proposed. These significant revisions include: Operator certification and qualification requirements Qualification for signal persons are specified Requirement added for the use of qualified rigger when employees are in the fall zone to handle the load Information exchange requirements between employers are specified regarding ground conditions Employers who have employees who are qualified in subpart V work may comply with 1910.269 of the general industry standard Pre-erection inspection of tower training Employers must pay for the cost of operator certification for operators who they employ on the effective date of the final rule All pole work performed with digger derricks related to power transmission and telecommunications work are excluded and are covered by 1910.269 Operator certification test may be administered in a language understood by the operator candidate Employers must comply with local and state licensing laws which will be considered to meet requirements of this final rule Employers must comply with manufactures recommendations for the use of synthetic slings 3:23 OSHA Staff: Dear JimT, thank you for your question. This standard applies to cranes and derricks in construction and this standard does not include a medical surveillance requirement. However, other OSHA standards that may apply may have medical surveillance requirements. 3:24 Comment From Fred: Under 1926.1427 Section 4 the Employer must provide the qualification or certification at no cost to operators. What exactly does this mean? Does the employer have to pay for the class, test and any lost wages? 3:24 OSHA Staff: Thanks for the question. The employer must pay for the certification of an employee who is employed by the employer on the effective date of the standard. It sounds like you are asking for more detailed information which will need to be answered in a letter of interpretation. 3:24 Comment From Bubba: We are in the General Industry and own 2 cranes, will my operators have to be certified 3:24 OSHA Staff: Bubba, thanks for the question. Provided your cranes are not being utilized in construction activities, this standard does not cover them. 3:24 Comment From Steve Fowee: OSHA produces very good power point teaching tools for many standards. Will OSHA release a pwr.point soon for use in a classroom setting? 3:24 OSHA Staff: Thanks for the question Steve, a power point presentation is planned for future release. 3:25 Comment From Dave: As a GC it will be my responsibility to verify certifications of riggers and operators? 3:25 OSHA Staff: Hi Dave, Thanks for your question. General contractors can be held responsible for compliance of OSHA regulations. OSHA is in the process of developing a compliance directive for the new standard and will be addressing specific requests for interpretations of the standard through its normal process. 3:27 Comment From Dick: Will operators who speak only Spanish still be allowed to operate cranes? 3:27 OSHA Staff: Dick--this response actually applies to a number of related questions. Operators who only speak spanish or another language other than english can operate cranes under this standard if they are certified. We would expect training to be provided in other languages as appropriate. This final rule provides that non english speaking operators will have the ability to become certified using languages other than english. 3:27 Comment From KM: This is a very interesting way to introduce the standard, thank you for embracing technology! Having heard you speak in the past Dr Michaels, I know that you are excited and

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heartened by the publication of this rule - as are many of us! 3:28 Comment From Rick: Will we be able to print this Q & A. I tried to print the page and it did not work well. 3:28 Moderator: Hi, Rick. If you want to print this chat after the chat ends, use the page at http://www.dol.gov/dol/chat/chat-osha-static-20100728.htm . 3:28 Comment From Guest: Are there any new fall protection standards related to the new standard? 3:28 OSHA Staff: Thanks for the question. Fall protection standards for employees working with cranes are in section 1926.1423 3:30 Comment From Bill: Will this apply to utility line construction? 3:30 OSHA Staff: Hi Bill, Utility line construction is covered in this standard, although compliance with 1926.269 can be permitted with the appropriately qualified personnel. 3:32 Comment From earl: is there any thing different in the final rule than is different than in the proposed 1926.1400 3:32 OSHA Staff: Thanks Earl, several provisions were added or revised since the rule was proposed. Some of these changes include: Employers who have employees who are qualified in subpart V work may comply with 1910.269 of the general industry standard All utility pole work performed with digger derricks are excluded Employers must comply with manufactures recommendations for the use of synthetic slings We clarified that forklifts are covered by the final rule when they are configured like a crane We provided clarification in the preamble to address when knuckleboom cranes are covered by the standard during material delivery 3:32 Comment From Guest: Since this standard was drafted under negotiated rulemaking, will there be stakeholder involvement in the development of the compliance directive? 3:32 OSHA Staff: Input from stakeholders is always welcome in the development of a compliance directive. 3:32 Comment From Jonathan Glazier: A two-part question: How will the new standard affect electric utilities both when they are engaged in construction and when others are engaged in construction close to utility power lines? 3:32 OSHA Staff: Jonathan--thank you for your questions. The new rule discusses construction crane activities related to electric utility work. For detailed information, review the scope and power line sections, which can be found in 1926.1400 and 1926.1407 though 1411. This information is available at the Federal Register Web site under Special Filings (www.federalregister.gov) or www.osha.gov. 3:33 Comment From Willie: Who are responsible for the ground conditions the crane sits on? 3:33 OSHA Staff: Thanks Willie, the controlling entity is responsible for ensuring that necessary ground preparations are provided and for informing the operator of the location of hazards beneath the setup area that are identified in documents in the possession of the controlling entity or that are otherwise known to the controlling entity. 3:34 Comment From Dave: we have a small divit crane on the roof of are building that we use to lift 200 lb. radar units. would this type of crane be covered under this rule? 3:34 OSHA Staff: Hi Dave, Yes. Cranes with a capacity of less than 2000 lbs requirments can be found in 1926.1441. However there are exemptions for operator qualifications for this light of a crane. 3:34 Moderator: Wow...what an active group! The OSHA Team has received over 450 questions so far and are working their way through as many as possible. 3:36 Comment From Gary: Moderator - please extend our praise to the team 3:36 Comment From Gregg: Are Digger Derrick for power utility construction exempt? Even when installing padmount transformers? 3:36 OSHA Staff: Thanks Greg, all utility pole work performed with digger derricks are excluded. 3:36 Comment From Javier Arias: Congratulations Great job 3:36 Comment From Red McFarland: second that praise 3:37 Comment From TJ: how will the practice of "jumping" cranes be affected? 3:37 OSHA Staff: Dear TJ, thanks for your question. 1926-1435 includes specific additional tower crane requirements. A qualified and competent assembly director will be required for jumping the crane. 3:38 Comment From Mark: Will forklifts that are used to deliver materials using an attachement be considered a crain by a CSHO? 3:38 OSHA Staff: Hi Mark, Only when configured as a crane. 3:39 Comment From Lance: Will the new standard cover hydraulic and conventional cranes? 3:39 OSHA Staff: Thanks Lance, hydraulic and conventional cranes are covered by the new standard. 3:39 Comment From Joe: How does osha determine if an activity is construction and not just repair? Is updating equipment or maintenaince considered construction? 3:39 OSHA Staff: Dear Joe, thank you for your question. The definition of construction is contained in 29CFR1911, which is available for free on our website for review. 3:40 Comment From Randy: Qualified signal pesons goes into effect in 90 days? Qualified riggers into

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effect in 90 days? Certification into effect for operators in 4 years? 3:40 OSHA Staff: Randy--The final rule is effective 90 days after publication in the Federal Register. The requirements for signal person and riggers are effective on that date. State and local licensing requirements for operators remain applicable on the effective date of the rule. The independent certification method and the employer qualification method are effective four years after the effective date of the rule as described in section 1926.1427. 3:40 Comment From Bill: Any changes to the barricade rules? 3:40 OSHA Staff: Hi Bill, No, there are no changes to the barricade requirements. 3:41 Comment From Brenda: Can you clarify "construction activities" vs. general maintenance for general industry purposes. 3:41 OSHA Staff: Dear Brenda, thank you for your question. The definition of construction is contained in 29CFR1911, which is available for free on our website for review. 3:41 Comment From Joe: are there any issues in new standard related to drug and alcohol testing of the operator, signal person and or rigger? 3:41 OSHA Staff: Joe, thank you for your question. The answer is no. 3:41 Comment From Dan: Does this standard apply to excavators used as a crane? 3:41 OSHA Staff: Thanks Dan, in general, excavators used to hoist loads with a sling are not covered by the standard. However, machinery that is designed as multipurpose equipment is covered by the standard when it is configured like a crane as described in the preamble to section 1926.1400. 3:44 Comment From Doug Taylor: how does someone determine what size of pad is required to be under the outrigger of a mobile crane? 3:44 OSHA Staff: Hi Doug, The size of the pad is determined by the manufacturer's specifications and in consideration of the soil conditions. See 1926.1402 for ground condition requirements. 3:44 Comment From Chuck: Are new telehandlers that mimic crane operation with rotating upper units and booms while the machine is set on outriggers (and in some cases hoisting winches) considered cranes and covered under these new rules? 3:44 OSHA Staff: Thanks Chuck, provided the telehandler does not have a winch for hoisting they are excluded as described in 1926.1400 scope. 3:45 Comment From Cliff Dickinson: What are the requirements for qualifications of persons inspecting cranes in the new standard? 3:45 OSHA Staff: Cliff, thanks for the question. Persons performing shift and monthly inspections must be a competent person. Persons performing annual inspections must be a qualified person. 3:46 Comment From Chuck: I have contacted the OSHA office in PHX a number of times regarding crane safety training tapes/posters/information with (usually) not so much as a reply. Will OSHA be making available any items that may be used for training/familiarization with the new standards, and if so, a timetable? 3:46 OSHA Staff: Dear Chuck, thanks for your question. OSHA is developing a complicance directive in a series of guidance and outreach documents that will be available before the standard goes into effect. Each OSHA region will also be holding training and outreach sessions. 3:48 Comment From Jeff Stephens: You have incorporated a large number of private documents, can these be obtained through OSHA or and other agencies free of charge? 3:48 OSHA Staff: Jeff--this information is provided in the Federal Register notice, see section 1926.6. http://www.ofr.gov/OFRUpload/OFRData/2010-17818_PI.pdf 3:48 Comment From Rick: Sorry to be a pest but the Q & A web page you say can be printed after the chat is this web page and it will not print. 3:48 Moderator: It is actually a different page with a slightly different URL. The URL for the "static" page, which should print, is http://www.dol.gov/dol/chat/chat-osha-static-20100728.htm . If it doesn't print correctly for you, you can also select the text and then copy and paste it into your word processing software. 3:51 Comment From Jim: Lifting an electric distribution substation transformer off a trailer to place on a pad inside the substation, the worker is trained and qualified under 1910.269. Is this work included in the 1910.269 qualifications? 3:51 OSHA Staff: Jim--The work is covered in the new standard in addition to the qualifications requirements of 1926. 3:51 Comment From Jason: What about heavy equipment service trucks that are used on construction sites for lifting parts for equipment repair? 3:51 OSHA Staff: Dear Jason, thanks for your question. They are excluded as described in 29CFR.1400. 3:51 Comment From Kellye Patterson: Is OSHA requiring crane operators in all 50 states to be certified before operating a crane? 3:51 OSHA Staff: Thanks Kelly, this rule applies to all states and territories in OSHAs jurisdiction. However, there are states that develop and operate their own safety and health programs. State plans must have job safety and health standards that are at least as effective as comparable federal standards. There is also a provision in section 1926.1427 that addresses operators in training. 3:52 Comment From Grace: How will OSHA conduct their outreach training on this Std? OTI? Trade organization alliances? 3:52 OSHA Staff: Grace--Good question. OSHA is developing a compliance directive and a variety of

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outreach and training materials. OSHA will also be conducting outreach and training from our regional and area offices. 3:52 Comment From Stephen Sanchez: When will qualified riggers be required? 3:52 OSHA Staff: Dear Stephen, thanks for your question. Qualified riggers are required at all times during assembly and dissassembly operations. Further, qualified riggers are required any time workers may be in the fall zone. 3:53 Comment From Justice: How many injuries is this rule estimated to prevent a year 3:53 OSHA Staff: Thanks Justice, OSHA estimates the final standard will prevent 22 fatalities and 175 non-fatal injuries each year. 3:53 Comment From Guest: What is the defitntion of Qualified, Competent and Certified Person in reference to monthly and annual inspections of cranes? 3:53 OSHA Staff: The definitions are in section 1926.1401. 3:55 Comment From Kim: As a CM how will I verify someone has indeed been qualified if their qualified evaluator (not a third party) works for the same company? This doesn't require a "card" for verification. 3:55 OSHA Staff: Thanks Kim, the standard 1926.1427 describes documentation of cerification. 3:55 Comment From Steve: Based on the spanish language question asked earlier, will testing for certification be provided in spanish or other languages? or, must the operator be capable of passing the test in english? 3:55 OSHA Staff: Hi Steve, The final rule clarifies the testing organization may administer the operator certification test either written or verbally, in any language the opeartor understands. This final rule provides that non-English speaking operators will have the ability to become certified using languages other than English. OSHA is also committeed to working with testing organizations and others to ensure that tests are avialable in languages other than English. 3:56 Comment From KC: Is OSHA currently conducting training for compliance officers? And, will the training for compliance officers be completed by the effective date of the standard? 3:56 OSHA Staff: Dear KC, thanks for your question. OSHA has an existing cranes in construction class. That training course is in the process of being updated. OSHA compliance officers will be trained by the OSHA Training Institute before the standard goes into effect. 3:56 Comment From TFuller: Did I miss this question for riggers, crane operators and certifiers? How much time they have to comply after this goes into effect? 3:56 OSHA Staff: Thanks TFuller, qualified operators working in states or cities with certification requirements already have to be certified, in states without any operator qualification requirements up to four years are allowed. Riggers need to be qualified 90 days after the rule has been published. 3:58 Comment From Guest: Can qualifications and certifications be done in house by an authorized person, or do they have to be done by an outside source 3:58 OSHA Staff: Thanks Guest, 1926.1427 defines contractor certification requirements. 3:58 Comment From Norman Hargreaves: How are states, who have their own OSHA regulations notified of this change 3:58 OSHA Staff: Norman--All states are notified through regional offices and the directorate of cooperative and state programs. In state plan states, once an OSHA standard is issued, they have 6 months to adopt our standard or develop their own standard that is at least as effective. 3:59 Comment From Willie: If the the A&D superviser is knowledgeble in the assembly/disassembly procedure can they deviate from the manufactors procedures? 3:59 OSHA Staff: Thanks Willie, the assembly disassembly procedures are described in 1926.1403. Employers must follow manufactuerers procedures or employer procedures that comply with 1926.1406. 3:59 Comment From Cliff Dickinson: What is OSHA's definition of "the fall zone"? 3:59 OSHA Staff: Hi Cliff, The fall zone is any area where the load can reach if lost or out of control. 4:00 OSHA Staff: This has been an excellent chat and opportunity to respond to your questions. We received over 500 questions and Im sorry we must close now and were unable to answer all of your questions. Thank you for participating. OSHA plans to have additional fact sheets and other compliance assistance material available within the next month that will provide additional answers. 4:01 :

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