[WRE UPDATE | BUSINESS]
WORTH PREPARING FOR I
PROPOSED OSHA CRANE AND DERRICKS STANDARD
n August 2010, the Occupational Safety and Health Administration (OSHA) issued the final cranes and derricks in construction standard, 1926 – Subpart CC. As a result, crane operators were required to either be certified or qualified—depending on
the employer—by November 10 of 2014. 29 C.F.R. § 1926.1427(k). Nearly four years later, on February 10, 2014, OSHA proposed a three-year extension to the operator certification deadline—November 10, 2017— and requested public comment. Part of the reason for the extension was due to issues
regarding the requirements in the standard addressing crane operator certification that emerged not long after OSHA issued the final rule—whereby they 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. Not surprisingly, industry leaders and representatives (including unions, companies, and crane-operator certification outfits) found considerable discomfort with the interpretation, which initiated a recommendation by the Advisory Committee on Construction Safety and Health (ACCSH) that OSHA delay moving forward on the operator certification. Hence the extension to November 10 (2017), which was then further pushed to November 10, 2018, while OSHA collected additional public response. Fast forward to May 21 (2018), OSHA published a NPRM (notice of proposed rulemaking), Docket ID- OSHA-2007-0066, RIN 1218-AC86, titled “Cranes and Derricks in Construction: Operator Qualification” (83 FR 23534). In the NPRM, the Administration proposed to amend 29 CFR part 1926, subpart CC—to revise sections that address crane operator training, certification/ licensing, and competency.
Te purpose of these amendments are to:
require comprehensive training of operators, remove certification by capacity from certification requirements,
76 SEPTEMBER–OCTOBER 2018 WIRE ROPE EXCHANGE
CAROL Crane and Rigging on the job from our July/ August 2016 Issue.
clarify and permanently extend the employer duty to evaluate potential operators for their ability to safely operate equipment covered by subpart CC, and require documentation of that evaluation. Of note, and according to OSHA, the proposed
standard would “also require employers to evaluate the operator’s judgement.” Tis means an employer would have to assess not only the operator’s ability to apply his/her knowledge and skills, but also the operator’s “ability to recognize risky or unusual conditions.”
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