Update on Crane & Derrick Standard Rewrite

By Chip Pocock, Buckner Companies

CLICK HERE for the full 119 page C-DAC Consensus Document (PDF format), dated August 5, 2004.

Dear SEAA members and my fellow industry colleagues:

First and foremost, I’d like to thank Doug and Eddie Williams, of Buckner Companies for their generosity, which allowed me to pursue being a participant and member of OSHA’s - Crane & Derrick Advisory Committee. Their commitment to “give back” to the construction industry is unrelenting and a very important tradition of Buckner Companies over the past 57 years. The C-DAC meetings took me away from my responsibility and duties as the Safety & Risk Manager for Buckner Companies for approximately 50 days last year, and that is certainly a sacrifice that most companies can’t afford to their operations. So to everyone at Buckner, thank you for your support over the past twelve months.

I would also like to thank the Steel Erectors Association of America for the nomination to serve on this committee as their representative, and secondly for having the confidence in me as their industry expert on such an important industry committee.

As a member of the C-DAC I can speak first-hand on the patience and fortitude it required to bring 23 individual-thinking industry experts from different parts of the country to “buy into” the negotiated rule-making process. The committee was composed of 23 members appointed by the Secretary of Labor, a facilitator and a member of the Agency; Noah Connell. [My thanks to Noah Connell, and his staff, for their do-diligence bringing everyone together in this roundtable forum]. It was definitely a great experience, one that I will not soon forget. Ironically, not only did we get a “consensus document”, one of the best things to develop from this workgroup is the friendships and working relationships that will continue to benefit SEAA for years to come.

The Committee functioned as a part of the Department's rulemaking process revising safety standards for cranes and derricks used in construction. Using face-to-face negotiations, the committee was charged and responsible for identifying the key issues, gauging their importance, analyzing the information necessary to resolve the issues and then negotiating in an attempt to arrive at a consensus. Once consensus was achieved the committee then submitted to the Secretary of Labor proposed regulatory text for an occupational safety standard governing worker safety for crane and derrick work in construction. This is the negotiated rule-making process.

The existing rule for cranes and derricks in construction dates back to 1971, and is based in part on industry consensus standards from 1967 to 1969. There have been considerable technological changes in both work processes and crane technology that have made much of Subpart N obsolete. For example, hydraulic cranes were rare in the 1970s but are now prevalent. The existing OSHA standard does not specifically address hydraulic cranes.
The 1971 standard has undergone only two amendments:

- In 1988, a new paragraph was added to clearly establish the conditions under which employees on personnel platforms may be hoisted by cranes or derricks;
- In 1993, a new (a) (19) section was added, which states that all employees shall be kept clear of loads about to be lifted and of suspended loads.

For the past two years, a number of industry representatives have been working with a cranes workgroup of the Advisory Committee for Construction Safety and Health (ACCSH) to develop recommended changes to 29 CFR 1926.550 Subpart N.
Moving large, heavy loads is crucial to today's manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. There are significant safety issues to be considered, both for the operators of the diverse "lifting" devices, and for workers in proximity to them. On August 5, 2004, the Agency released the C-DAC CONSENSUS DOCUMENT, which is a proposed Standard that we’re pleased and proud of, believing that we did our jobs and fulfilled our duty as C-DAC members.

Background on the Agency’s decision to establish C-DAC

- On July 16, 2002, OSHA published a notice of intent to establish a negotiated rulemaking committee to improve crane and derrick safety in construction, (Volume 67 of the Federal Register, page 46612).

- On June 12, 2003, OSHA announced the establishment of the Committee (Volume 68 of the Federal Register, page 35172).

- On February 27, 2003, OSHA requested comments on a list of proposed members (68 FR 9036).

- Only July 3, 2003, OSHA published a final membership list (68 FR 39877).

- On July 30, 2003 was the first C-DAC meeting, (68 FR 39880, July 3, 2003), and the committee met 3 or 4 days each month for twelve meetings.

Over the past twelve months C-DAC members reviewed, discussed and negotiated on the subjects until reaching a consensus on the Proposed Regulatory Text, which was actually handed over to OSHA on July 9th, as the C-DAC Consensus Document. The following areas are now the proposed draft C-DAC standard. Once again thank you for having the faith in me to represent SEAA. The negotiated rulemaking process does work.

1400 Scope
1401 Definitions
1402 Ground conditions
1403 Assembly/Disassembly – Selection of Manufacturer
or Employer Procedures
1404 Assembly/Disassembly – General Requirements
1405 Disassembly – Additional Requirements for disassembly of booms and jibs
1406 Assembly/Disassembly – Employer Procedures
1407 Power line safety (up to 350 kV) – assembly and disassembly
1408 Power line safety (up to 350 kV) – crane operations
1409 Power line safety (over 350 kV)
1410 Power line safety (all voltages) – crane operations inside the Table A zone
1411 Power line safety – equipment while traveling
1412 Inspections
1413 Wire Rope – Inspection
1414 Wire Rope – Selection and installation criteria
1415 Safety Devices
1416 Operational Aids
1417 Operation
1418 Authority to Stop Operation
1419 Signals – General Requirements
1420 Signals – Radio, telephone or other electronic transmission of signals
1421 Signals – Voice, additional requirements
1422 Signals – Hand signal chart
1423 Fall Protection
1424 Work Area Control
1425 Keeping Clear of the Load
1426 Free Fall/Controlled Load Lowering
1427 Operator Qualification and Certification
1428 Signal Person Qualifications
1429 Qualifications of Maintenance & Repair Workers
1430 Training
1431 Hoisting Personnel
1432 Multiple Crane/Derrick Lifts
1433 Design, Construction and Testing
1434 Equipment Modifications
1435 Tower Cranes
1436 Derricks
1437 Floating Cranes & Land Cranes on Barges
1438 Overhead & Gantry Cranes
1439 Dedicated pile drivers
1440 Sideboom Cranes
1441 Requirements for equipment with a manufacturer-rated hoisting/lifting capacity
2,000 pounds or less.

[Excerpt from OSHA] July 9, 2004 -

Crane and Derrick Negotiated Rulemaking Committee Reach Consensus Calling it a "significant step forward in protecting the thousands of workers who operate and work around cranes," OSHA Administrator John Henshaw lauded the work of the Agency’s Crane and Derrick Negotiated Rulemaking Committee (C-DAC) when they reached consensus July 9 on draft language for a revised cranes and derricks standard in construction. Crane operator certification was one of many key provisions agreed to by the committee. C-DAC was established in June 2003 as part of the Agency’s rulemaking process to revise the existing standard. The draft will now be submitted to Henshaw and continue through the rulemaking process. OSHA is preparing an economic analysis, which usually takes six months. Following that the Agency will release the proposed rule, and open it for public comments.

Again, thank you for allowing me to participate as the SEAA representative. We continue to monitor other industry-related issues that may impact the steel erection industry.