Cranes
and Derricks Negotiated
Rulemaking Advisory
Committee
U.S. Department of
Labor
Occupational Safety
and Health Administration
(OSHA) |
|
Development
of Worker Safety Standards
for the Use of Cranes
and Derricks in Construction
 Susan
Podziba & Associates
mediated a negotiated
rulemaking process for
the Cranes and Derricks
Negotiated Rulemaking
Advisory Committee (C-DAC),
which reached final consensus
on all issues under negotiation.
The negotiations, which
unfolded in 11 meetings
over the course of a year,
resulted in consensus
regulatory text for worker
safety standards for the
cranes and derricks portion
(1926.550) of 29 CFR part
1926 Subpart N –
Cranes, Derricks, Hoists,
Elevators, and Conveyors.
The C-DAC consensus regulatory
text will form the basis
of OSHA’s Notice
of Proposed Rulemaking,
to be published in the
Federal Register.
According
to Assistant Secretary
John Henshaw, “This
is a significant step
forward in protecting
the thousands of workers
who operate and work around
cranes. … The members
of this committee were
tasked with a formidable
challenge -- to develop
and reach consensus on
a revised cranes and derricks
standard in one year –
and they achieved that
ambitious task.”
OSHA initially
convened a Federal Advisory
Committee Work Group to
develop recommendations
for revisions to Subpart
N. It reached impasse
on key issues after meeting
for several years. However,
Work Group members agreed
to recommend that OSHA
initiate a negotiated
rulemaking process to
seek consensus on proposed
revisions to the crane
and derricks standards.
OSHA formally chartered
C-DAC under the Federal
Advisory Committee Act
(FACA) and the Negotiated
Rulemaking Act (NRA),
and retained Susan Podziba
& Associates for facilitation
services.
C-DAC, comprised
of 23 members, included
representatives of OSHA
and significantly affected
stakeholder groups, which
were identified as: Crane
Manufacturers and Suppliers,
Lessors and Maintenance
Companies, Users (Employers),
Labor Organizations, Crane
Operators, Government/Public
Entities, Training and
Operator Testing Organizations,
Power Line Owners, and
the Insurance Industry.
C-DAC identified
and addressed key hazard
areas inherent to the
use of cranes in construction
and developed innovative
solutions for issues including
crane assembly and disassembly
procedures, work near
power lines, and operator
qualifications.
The proposed
revisions to Subpart N,
developed by C-DAC, reflect
not only the best and
most current knowledge
of the crane industry
stakeholders, but also
the benefits of their
deliberations. C-DAC members
talked through the complexities
of seemingly disparate
opinions to develop sensible
strategies to mitigate
the actual hazards to
which workers are exposed.
The new rules are expected
to reduce worker fatalities
and injuries. Provisions
that involve costs, such
as operator certification
and protections for workers
operating near power lines,
were proposed and supported
by the industry.
C-DAC negotiations
began in July 2003 and
were completed in July
2004. After numerous fatal
crane accidents occurred
in cities including New
York, Las Vegas, Miami,
and Houston during 2008,
Congress, individuals,
and organizations strongly
urged OSHA to enact the
industry-labor consensus
standards. On October
9, 2008, OSHA published
its Notice of Proposed
Rulemaking (NPRM) to revise
the crane and derricks
standards based on the
C-DAC consensus recommendation.
After the 60-day public
comment period, OSHA will
analyze the comments received
and prepare the final
rule.
Action
on the C-DAC Proposal
after fatal crane accidents
The
C-DAC Committee (Photo)
 The
Cranes and Derricks Negotiated
Rulemaking Advisory Committee
(C-DAC)
(Front
Row, L to R) Stephen Brown,
International Union of
Operating Engineers; Noah
Connell, U.S. Department
of Labor, Occupational
Safety and Health Administration;
Robert Weiss, Cranes Inc.
and A.J. McNulty &
Company, Inc.; Charles
Yorio, Acordia; Peter
Juhren, Morrow Equipment
Company, L.L.C.; Assistant
Secretary John Henshaw,
U.S. Department of Labor,
Occupational Safety and
Health Administration;
William Smith, Maxim Crane
Works; Alexis Gensberg,
Susan Podziba & Associates;
Susan Podziba, Susan Podziba
& Associates; William
J. "Doc" Weaver,
National Electrical Contractors
Association, Inc.; (Back
Row, L to R) Dale Shoemaker,
Carpenters International
Training Center; Larry
Means, Means Engineering
& Consulting, P.C.;
Frank Migliaccio, International
Association of Bridge,
Structural, Ornamental
and Reinforcing Iron Workers;
Doug Williams, Buckner
Heavylift Cranes; Joseph
Collins, Zachry Construction
Corporation; Stephen P.
Charman, Viacom Outdoor,
Inc.; George R. "Chip"
Pocock, C.P. Buckner Steel
Erection; Thomas “Craig”
Steele, Schuck & Sons
Construction Company,
Inc.; Bruce Swanson, U.S.
Department of Labor, Occupational
Safety and Health Administration;
Darlaine Taylor, Century
Steel Erectors, Co.; Brian
Murphy, Sundt Construction;
Michael Brunet, Manitowoc
Cranes, Inc.; Bernie McGrew,
Link-Belt Construction
Equipment; David Ritchie,
The St. Paul Companies;
Charles Gordon, U.S. Department
of Labor, Occupational
Safety and Health Administration;
Wallace Vega, III, Entergy
Corporation, Inc.; Not
pictured: Emmett Russell,
International Union of
Operating Engineers; and
Stephen Wiltshire, Turner
Construction Company.
Cranes
and Derricks Advisory
Panel Consensus Proposal
Press
about the Cranes and Derricks
Negotiated Rulemaking
Final
Report of the C-DAC Negotiated
Rulemaking (13 pages)
(pdf)
Final
Report of the C-DAC Negotiated
Rulemaking, with appendices,
which include C-DAC ground
rules, meeting summaries,
agendas, and federal register
notices (319 pages) (pdf)
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