| ILE: ADVISOR |
To this, I can only say that OSHA 1910.179.6 incorporates by reference CMAA 70. Although CMAA 70 says only 37 words regarding crane inspections, paragraph 1.15.1 incorporates by reference Spec 78. Over the years I’ve asked lawyers about the validity of a “double” Incorporation by Reference. In other words, OSHA 1910.6 Incorporating by reference CMAA 70 and in turn, CMAA 70 incorporating by reference CMAA 78. To date, each attorney I’ve asked has confirmed the validity of the second-tier reference. Further, in the face of a total dearth of inspection information in OSHA 1910.179, ASME/ANSI B30.2 and CMAA 70, with CMAA 78 you have implemented the only reference book available. A book which was authored by the Crane Manufacturers Association of America, the association of the US crane industry. Te one caveat with this advice is to check the owner’s manual of the specific crane carefully. Make sure you have not left something out that the manufacturer requires explicitly. OSHA looks upon the manufacturer as the single most authoritative source of information on that piece of equipment.
ROLL YOUR OWN: Since there is no “off the shelf” solution to EOT crane inspection requirements, my suggestion is the write your own EOT crane inspection policy manual. To write this, do what ISO9000 consulting firms teach their clients to do. Te essence of ISO9000 is “Say what you’re going to do, then do what you said.”
What better position to take as the foundation
of your inspection policy manual than the standards as established by the crane industry itself? Terefore, CMAA Spec 78 should be your starting point. One caution, if you choose to incorporate Spec
78 into your own EOT crane inspection program, my advice is to be very careful about cherry picking just the sections you like. If you do decide to leave specific items out, make sure to document your thought processes. Your position for adopting CMAA 78 is that “this is what the industry experts do and I’m just following them.” How will you in-turn justify that you know more than them and therefore deleted items from their checklist, unless you have a well-documented reason why? Te second reason for documenting deletions from Spec 78 is to make sure that your deletion appears purposeful rather than a careless oversight.
Lastly diligently follow your written policy manual and document in writing that every step was followed by trained personnel. <
In his 35 years of industry experience, Larry Dunville has built, installed, engineered, estimated, sold and serviced overhead bridge cranes. His firm, Overhead Crane Consulting, LLC supports crane buyers by writing custom specifications, developing custom crane safety programs, and serving as an expert witness.
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Although the OSHA Clarification Letters, on multiple occasions, have succinctly said that 1910.179 only pertains to Double Girder Top Running cranes the following is a list why you don’t dare follow their advice.
1. GDC The General Duty Clause requires the employer to provide a safe working environment. In the event a specific requirement is not mandated, it then is covered by the provisions of the GDC.
2. Insurance In the event of an accident, good luck explaining to insurance carrier why you advised your client (or why you willingly took the advice) that it was not necessary to inspect all non-double girder top running cranes. Whether you’re an inspector or an EOT Crane owner, if you’re lucky, your “post-accident” premiums will be heading toward the stratosphere. If you’re not lucky, you might find yourself uninsurable.
3. Inspection Client To my notion, the crane inspection company is a hired expert that is engaged to help their non-crane expert clients on how to negotiate the mind field that is OSHA compliance. If through your advice, the EOT crane inspector and crane owner end up on the wrong side an injury or wrongful death suit, your future in the business is questionable at best.
4. Plaintiff Attorney, Judge, Jury and the Widow(er) At the very least, watching a crane owner and/or inspector attempt to explain to the widow(er) why single girder cranes are less in need of inspection than double girder cranes will be a fantastic display of verbal gymnastics. I wouldn’t want to be the one trying to sell that argument.
The whole argument for not inspecting cranes other
than double girder top running cranes reminds me of a series of public service TV ads that were run the 1970’s by the National Transportation Safety Bureau about Defensive Driving. The tagline to the ads was, “… if you don’t drive defensively, you may find yourself not only right but Dead Right!”
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SUMMER 2018
INDUSTRIAL LIFTING EXCHANGE
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