Volume: 33 Number: 31
July 31, 2003

Reproduced with permission from Occupational Safety & Health Reporter, Vol. 33, No. 31, pp. 725-726 (July 31, 2003). Copyright 2003 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Crane Rule Committee Under Way; Facilitator to Lead Members Through Process

Work began July 30 on revising the crane and derrick standard of the Occupational Safety and Health Administration when 23 committee members gathered for the first meeting of the Crane and Derricks Negotiated Rulemaking Advisory Committee (C-DAC), in Washington, D.C.

Administrator John Henshaw told the committee that the agency is counting on the members to create a rule that is clear and forward looking.

"My expectations for this group are extremely high." Henshaw said. "I'm confident that you will be able to resolve these issues. You fulfill your end of the bargain and we'll fulfill ours."

The first morning of the three-day meeting was devoted to introductions, the rulemaking process, and ground rules.

In developing the new rule, members are expected to consider using portions of the American National Standards Institute's crane regulation or a draft crane rule revision produced in 2002 by members of an OSHA advisory committee, the Advisory Committee on Construction Safety and Health.

Anticipated to be key issues for the negotiators are the kinds of equipment that will be covered by the proposed rule; qualifications for workers who operate, maintain, repair, assemble, and disassemble cranes and derricks; rigging procedures; work zone control; and crane operations near electric power lines.

OSHA announced in November 2001 it would update the 30-year-old standard governing the safety of construction cranes using the negotiated rulemaking process (31 OSHR 1024, 11/8/01). The existing crane standards refer to a consensus standard from 1968 and do not cover hydraulic cranes, which are the most common type of crane now in use.

Member Priorities

Members of the rulemaking committee told BNA that their priorities in revising the rule include worker training, particularly the idea of crane operator certification, and writing a rule that reflects current industry practice and is both easy to understand and to use.

Crane operator qualifications and overhead power lines are "biggies," George "Chip" Pocock, a committee member who works for C.P. Buckner Steel Erection Inc. in Graham, N.C., said July 29.

Pocock also wants the regulation to be flexible enough to allow the use of European-made cranes, which are made in compliance with different standards than those made in the United States.

Emmett Russell of the International Union of Operating Engineers is also interested in operator training. Russell is looking for a plain English standard that can be understood by a construction worker and does not require referring to other standards.

"Put it all in one place," he said.

Bernie McGrew, a committee member and representative from Link-Belt Construction Equipment, is interested in bringing the standard up to date, he told BNA July 28.

Frank Migliaccio of the Bridge, Structural and Ornamental Iron Workers Union, said he does not understand how anyone could be against certification for crane operators.

"I want to hear their concerns [about requiring certification]," he said.

He also said that adopting some of what was developed by ACCSH "could shave a lot of time" off the process.

Stephen Charman, who will serve on the committee from Viacom Outdoor Inc., said that operator certification will help keep workers from feeling that they are "bulletproof" and cannot have an accident.

"I have no problem adopting anything as long as it's simple, clear and makes sense," said Charman, who has been in the construction industry for 40 years and with Viacom Outdoor for seven years.

Mark Perriello, director of corporate safety and health for Viacom Outdoor in Pittsburgh, said the billboard industry uses hydraulic truck cranes and the current crane standard does not address how such cranes are currently used.

Dale Shoemaker of the Carpenters International Training Center in Las Vegas, is interested in a rule that ensures both riggers and operators are properly trained.

"I do strongly believe that all crane operators and riggers must be trained and qualified to the standard," he said.

If certification is considered, the rule must address what organization is going to certify workers or the requirement could become meaningless, he said.

Asked about OSHA's self-imposed 12-month deadline for completing the rule revision, Shoemaker said his experience with ANSI committees tells him that such a large committee cannot produce a good rule in 12 months.

Plans for First Meeting

The first day of the meeting will cover procedural issues, said Susan Podziba, a public policy mediator who was hired to facilitate the process. Members will decide on ground rules to govern the negotiations and the rules and responsibilities for participants and the mediator, she said.

"It sets out how we'll proceed," she said.

After the ground rules are determined, the committee will start tackling the list of issues that OSHA put into the Federal Register (32 OSHR 688, 07/18/02) and other items proposed by committee members.

Broad general discussions will give way to draft language, which will focus the discussions, she said.

Subcommittees may be formed to develop specific proposals for the committee at large.

The draft crane rule that was developed by members of ACCSH will likely be included in the committee's process. "We will benefit from the work that they have done," Podziba said.

Facilitator's Perspective

According to OSHA, the facilitator will present an overview of the negotiated rulemaking process and then will address other issues, including adopting procedural rules that the committee will use for conducting meetings.

In advance of the first session, Podziba had spoken with almost all of the members and was working to "become conversant in the language of crane safety," but without becoming an expert.

"My expertise is the process," she said.

Since the mid-1980s, Podziba has mediated cases involving international relations, governance, environmental disputes, land use and development, transportation planning, public health, and education policy.

By Joyce Hedges