Sep 2010 , Vol. VI, No.1

Final Rule Published on Cranes and Derricks in Construction

Builders and Contractors Exchange
Weekly Bulletin: 4 sept 2010

Final Rule Published on Cranes and Derricks in Construction
By: Mike Sterling

LAW TIPS

The Occupational Safety and Health Administration (OSHA) published a new rule addressing the use of cranes and derricks in construction. The complete rule is available at http://www.ofr.gov/OFRUpload/OFRData/2010-17818_PI.pdf. The regulation text is available at http://www.osha.gov/cranes-derricks/index.html. The new rule will take effect on Nov. 8, 2010. The rule replaces a decades-old standard by incorporating industry recognized updates to safety requirements, methods and practices, as well as technological advances. "The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered. The rule also addresses advances in the designs of cranes and derricks, related hazards, and the qualifications of employees needed to operate them safely.

Under this final rule, employers must determine whether the ground is sufficient to support the anticipated weight of hoisting equipment and associated loads. The employer is then be required to assess hazards within the work zone that would affect the safe operation of hoisting equipment, such as those of power lines and objects or personnel that would be within the work zone or swing radius of the hoisting equipment. Finally, the employer is required to ensure that the equipment is in safe operating condition via required inspections and employees in the work zone are trained to recognize hazards associated with the use of the equipment and any related duties that they are assigned to perform. Among other things, the rule requires operators of most types of cranes to be qualified or certified under one of the options set forth in § 1926.1427. Employers have up to 4 years to ensure that their operators are qualified or certified, unless they are operating in a state or city that has operator requirements.

Authored by attorneys, these articles are meant to bring awareness to these topics and are not intended to be used as legal advice.  For more information, contact Mike at 757-446-8626 or Bill Franczek at 757-446-8600.  Visit: www .vanblk.com , for our library of Construction Law Tips.  Suggestions for a topic? E-mail bfranczek@vanblk.com.