Volume: 34 Number: 29
July 15, 2004

Reproduced with permission from Occupational Safety & Health Reporter, Vol. 34, No. 29, pp. 734-735 (July 15, 2004). Copyright 2004 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Final Agreement Reached on All Issues at Crane Rulemaking Group's Last Meeting

A federal rulemaking advisory committee that spent a year hammering out agreements for a revision of the worker safety standard for cranes and derricks finished its work July 9, having voted to make all its previously tentative agreements into final ones.

"We have reached final consensus on all issues," Susan Podziba, the facilitator for the Crane and Derrick Negotiated Rulemaking Advisory Committee, said amidst applause after the final vote.

If adopted in its current form, the committee's proposal would expand the scope of the Occupational Safety and Health Administration's rule to cover a wide range of new types of cranes that have been developed in the 30 years since the current rule was written.

The proposal also addresses the leading causes of crane fatalities including contact with power lines, and injuries that occur during crane assembly and disassembly. About 80 workers die each year in crane accidents, according to an annual average based on data from 1992-2000, OSHA said.

The power line issue is addressed by requiring that employers choose from a list of options for ensuring that equipment does not come within a prescribed distance from energized lines. When working closer than that distance, a specified list of measures must be taken, OSHA said July 13.

Operator Certification

One of the most difficult issues for the committee--and one which was not resolved until the last sessions--was how to verify a crane operator's training and skills through qualification or certification.

The committee determined that after a phase-in period, crane operators will have to be certified by either: any crane operator testing organization approved by a nationally recognized accrediting agency; or the employer's own qualification program, which must be audited by a testing organization approved auditor, according to OSHA.

The certification issue was resolved July 8 when the committee approved a compromise developed by members, though there were dissents by representatives of the National Association of Home Builders and the Associated General Contractors. Under the committee's ground rule for consensus, up to two members could dissent.

Other key provisions of the C-DAC proposal would require that:

• a qualified person address key hazards associated with equipment assembly and disassembly,
• a construction site's "controlling entity" make sure that ground conditions are adequate for crane set-up to help prevent tip-overs, and
• signal persons meet specified qualification requirements.

Also addressed by C-DAC were crane safety devices and operational aids, signals used to communicate with the crane operator and those receiving the load, specific types of equipment (such as derricks and tower cranes), inspections, wire rope, prototype design and testing, crushing and overhead hazards, fall protection, and equipment modification. C-DAC also proposed updated requirements for cranes on barges.

Once draft regulatory text is complete, OSHA will continue its formal rulemaking process based on the committee's recommendations, said Noah Connell, the agency's representative on the committee.

The 23 members of C-DAC, who represent equipment makers, crane rental companies, unions, and contractors, met monthly for a year, including meetings in Las Vegas, and Phoenix, in order to reach agreement.

Compromise Proposals

An initial compromise proposal on operator certification was presented to members July 6 after being drafted by a caucus of committee members over the July 4 holiday weekend. However, the language did not achieve consensus approval because more than two members of the committee objected to it.

In a revision to that proposal put forward July 8 by Doug Williams, an employer/crane user representative from North Carolina, one option was removed that would have permitted workers to be certified by an accredited educational institution or program, such as a vocational school or university. The proposal also made changes to a section of the compromise that allowed operators to be qualified by an audited employer program.

Williams suggested to members that the compromise was in the best interest of all members and would improve safety in the industry. Not reaching consensus would have left the certification issue in the hands of OSHA staff, which might produce a less desirable result than what the committee was considering.

"It's a gamble," Williams said. "Sometimes you need to take the deal that's on the table. ... It's not what I want, it's what's on the table," he said.

In addition to the dissensions from home builders and general contractors, Joe Collins of Zachry Construction Co. said that his support of the compromise language represented his company's position and not the opinion of the organization he is representing on C-DAC--the American Road & Transportation Builders Association.

Citing the small number of workers using derricks and sideboom tractors and the difficulty that employers would face in establishing training and certification programs, the committee chose to exempt this equipment from the certification requirement.

Language Issue Removed

Also at the July 8 meeting, members tentatively agreed to remove any mention of a worker's language ability in the section on operator certification.

The compromise agreement had suggested that an operator must be literate in any language and demonstrate their ability to use written procedures, such as a crane manual, in that language.

The draft regulatory text was an attempt to address concerns raised by contractors who had appeared before the committee and said that they had Spanish-speaking crane operators that could not read or write.

Connell said that when written tests were proposed as part of an operator certification program employers objected. When OSHA investigated the concerns, it turned out to be a language issue, and ensuring literacy on the part of the operator was one way of addressing that.

However, C-DAC members preferred that the certification section remain silent on the issue of language.

While there has been a huge increase in Hispanic employees in construction and the industry has provided accommodation with signage and worker training in Spanish, the operation of cranes presents a different safety issue, said member Chip Pocock, of C.P. Buckner Steel Erection.

Workers who want to become crane operators "are going to have to learn to read and write English," he said.

Next Steps

To move the proposal forward in the rulemaking process, the draft regulatory text will be completed and OSHA will begin an economic analysis of the rule's impact, Connell told the committee July 8.

When that preliminary analysis is done, OSHA will begin the small business review process, which Connell estimated will take about six months.

Small business representatives will review the rule proposal and their views will be reflected in a final report provided to the agency by a panel made up of the Office of Management and Budget, the Small Business Administration, and members of the OSHA staff.

Following that, OSHA will begin preparing the preamble to the rule, which C-DAC members will be able to review.

OMB then has a 90-day review of the regulatory text and preamble.

With OMB approval, the proposed rule will be published in the Federal Register, followed by a public comment period, and, most likely, a public hearing, Connell said. After reviewing comments submitted, the agency would respond to those considered significant.

"Then, we get a final rule, lickety-split," Connell said.

Asked by a committee member how long the whole process would take, Connell said, "I don't know."

By Joyce Hedges

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