Crane Questions Jim Shelton, HNAO CAS
These are not necessarily official OSHA opinions but guidance until official interpretations may or may not be issued.
Question 1 • What is ‘Construction’ work? • OSHA 1910.12(b) – “work for construction, alteration, and/or repair, including painting or decorating” • The Commission looks at that where work is an integral part of a larger project that involves the ‘replacing’ and/or ‘altering’ of existing equipment or property the work is construction • Construction is all types of work integral to the overall project
Question 1 • Davis Bacon Act 29 CFR 5.2(j) work done by laborers and mechanics employed by a construction contractor or subcontractor • Altering, remodeling, installation (where appropriate) on the site of the work of items fabricated off-site • Painting and decorating • Manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work
Question 2 • 1427(b)(1)(ii)(B) Provide different levels of certification based on capacity and type… How does that related to certification in regards to crane tonnage? • Under discussion with stakeholders. Considering ranges of tonnage which operators could be certified such as up to 20T, 20T-150T, 150T-500T, 500T+
Question 3 • Question - We use a device like ‘A’, no boom or winch but uses hook under the forks of the JLG Telehandler. Does it still qualify as a P.I.T.? • DOC Says – ‘A’ would be exempt, ‘B’ would be included. New rotating cab telehandlers may need formal interpretation
Question 4 • Specifically, is OSHA saying that if an operator is going to operate a certain type of crane with a certain capacity, the operator must be certified on that specific type and capacity of crane? • OSHA Fact Sheet on Operator Certification. “Each accredited testing organization develops its own categories for crane type and capacity.” Working to remedy….
Question 5 • Some responsibility for some requirements are shared by the controlling entity and the entity operating the crane. How will that be practically managed at a job site? • Typically in the standard we have said that a controlling contractor responsibility will fall to the crane operator / employer if no controlling employer is available.
Question 6 • How will we verify that an operator's training is appropriate? Will only NCCCO and CCER cards be acceptable? • Training will be verified in the same ways it is for anything else, if the operator has a certification card for the correct type of equipment but is not operating the equipment properly he may need to be re-trained. We understanding certification bodies will have a data base we could use to verify cards
Question 6 • …There are currently 5 certification bodies, NCCCO, NCCER, Southern California Crane & Hoisting Association is now OECP (Operating Engineers Certification Program), Crane Institute Certification and Union Pacific Railroad
Question 7 • What about situations where fall protection on a crane is required per OSHA, but the crane equipment has no suitable anchorage points? • The standard in 1423(g)(2) says “Personal fall arrest systems must be anchored to any apparently substantial part of the equipment unless a competent person, from visual inspection, without an engineering analysis, would conclude that the criteria in 1926.502(d)(15) would not be met.
Question 8 • Regarding the qualifications for Assembly/Disassembly Director - what would a template look like? How much equipment experience, supervisory experience, etc. • Combine the definitions of competent & qualified persons. The A/D Director must meet both or be two people. The criteria is the same as for any QP or CP this is just the first time we have said it could be one person.
Question 9 • Regarding required annual crane inspections, specifically for rented cranes, which entity is responsible for initiating the inspection - employer owning the crane or employer using the crane? • The standard allows any employer to conduct the monthly inspection. The employer who conducts the inspection must document the items checked
Question 9 • …checked and the results of the inspection and must retain it for a minimum of three months. If employers whose employees use the equipment rely on another employer to conduct, document, and maintain the record of the monthly inspection, it is the responsibility of each employer engaged in construction activities to assure compliance with the standard.
Question 9 • that it is in the interest of all employers who conduct monthly inspections, whether they use or own equipment, to share the inspection results with each employer who uses the equipment. However, employers engaged in construction activities are responsible for assuring compliance with the standard. Therefore, if an employer engaged in construction activities is unable to assure that
Question 9 • … another employer has conducted the monthly inspection, then the employer engaged in construction activities must conduct a monthly inspection prior to using the equipment
Question 10 • Do all riggers and signal persons need to be qualified by November 8 or will there be a grace period to allow time for training? • Rigger and signal persons are to be qualified by November 8th. • Signal persons must have their qualifications “certified” by a qualified evaluator. • The employer must ensure the rigger is “qualified” by November 8th, 2010.
Question 11 • How does a qualified evaluator qualify a rigger? Can the evaluator simply attest to the experience of the employee or is a written test and/or hands-on evaluation required? • Per 1926.1428, a qualified evaluator must ensure that a signal person meets the qualification requirements listed in 1428(c). There is no requirement for a qualified evaluator to qualify a rigger.
Question 11 • …The employer is responsible for ensuring the rigger is qualified for the work he is to perform. 1926.1401 defines a ‘‘qualified rigger’’ as a rigger who meets the criteria for a qualified person. Simply, the rigger must be qualified for the work being done at the moment. There is no expectation for a rigger to be qualified in ALL things rigging, only qualified for exactly what is being done now.
Question 12 • Considering the definition of a qualified person, would a training class that includes a written and hands-on evaluation be considered “extensive knowledge, training, and experience” to deem an employee a qualified a signal person or rigger? • . It would not be appropriate to generally say a written and hands-on evaluation
Question 12 • …would be considered adequate because you don’t know the content of the evaluation. The means and methods used to “qualify” a signal person are not specified in the standard. Any means or method would be acceptable as long as the signal person can demonstrate to the satisfaction of a qualified evaluator that they meet the requirements of 1428(c).
Question 12 • …in regard to the qualified rigger it is important to understand a one size fits all approach will not work. If a rigger is picking things with one ½” choker and moving them 50 foot around a dirt lot is way different than a rigger making a heavy complex lift over an obstacle of great hazard like a tank of ammonia. One may be qualified to use a single choker but no where near qualified to use ten chokers and a couple chain falls all in the same complicated engineered pick.
Disclaimer • This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics [or hazards], it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.