[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47906-48177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17818]



[[Page 47905]]

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Part II





Department of Labor





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 Occupational Safety and Health Administration



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29 CFR Part 1926



Cranes and Derricks in Construction; Final Rule

  Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules 
and Regulations  

[[Page 47906]]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0066]
RIN 1218-AC01


Cranes and Derricks in Construction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule.

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SUMMARY: OSHA is revising the Cranes and Derricks Standard and related 
sections of the Construction Standard to update and specify industry 
work practices necessary to protect employees during the use of cranes 
and derricks in construction. This final standard 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 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 
that 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.

DATES: This final rule will become effective November 8, 2010.
    The incorporation by reference of specific publications listed in 
this final rule is approved by the Director of the Federal Register as 
of November 8, 2010.

ADDRESSES: In accordance with 28 U.S.C. 2112(a)(2), the Agency 
designates Joseph M. Woodward, Associate Solicitor of Labor for 
Occupational Safety and Health, Office of the Solicitor, Room S-4004, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210, to receive petitions for review of the final rule.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries. Contact Ms. Jennifer Ashley, Director, Office of 
Communications, OSHA, U.S. Department of Labor, Room N-3647, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999 or fax (202) 693-1634.
     Technical inquiries. Contact Mr. Garvin Branch, 
Directorate of Construction, Room N-3468, OSHA, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone 
(202) 693-2020 or fax (202) 693-1689.
     Copies of this Federal Register notice. Available from the 
OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington DC 20210; telephone (202) 693-
1888.
     Electronic copies of this notice. Go to OSHA's Web site 
(http://www.osha.gov), and select ``Federal Register,'' ``Date of 
Publication,'' and then ``2010.''

SUPPLEMENTARY INFORMATION: Availability of Incorporated Standards. The 
standards published by the American National Standards Institute 
(ANSI), the American Society of Mechanical Engineers (ASME), the 
American Welding Society (AWS), the British Standards Institution 
(BSI), the International Organization for Standardization (ISO), the 
Power Crane and Shovel Association (PCSA), and the Society of 
Automotive Engineers (SAE) required in subpart CC are incorporated by 
reference into this subpart with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce 
any edition other than the editions specified in subpart CC, the 
Occupational Safety and Health Administration (OSHA) must publish a 
notice of change in the Federal Register and the material must be 
available to the public.
    All approved material is available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, telephone 202-741-6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the material is available for 
inspection at any OSHA Regional Office or the OSHA Docket Office (U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room N-2625, 
Washington, DC 20210; telephone 202-693-2350 (TTY number: 877-889-
5627)).

I. General

A. Table of Contents

    The following Table of Contents identifies the major preamble 
sections in this notice and the order in which they are presented:

I. General
    A. Table of Contents
II. Background
    A. History
    B. The Cranes and Derricks Negotiated Rulemaking Advisory 
Committee (C-DAC)
    C. Hazards Associated with Cranes and Derricks in Construction 
Work
III. The SBREFA Process
IV. Summary and Explanation of the Rule
V. Procedural Determinations
    A. Legal Authority
    B. Executive Summary of the Final Economic Analysis; Final 
Regulatory Flexibility Analysis
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State-Plan States
    F. Unfunded Mandates Reform Act
    G. Applicability of Existing Consensus Standards
    H. List of Subjects in 29 CFR Part 1926
V. Authority and Signature
VI. Amendments to Standards

II. Background

A. History

    The Occupational Safety and Health Act of 1970 (84 Stat. 1590, 29 
U.S.C. 651 et seq.) (the OSH Act) authorizes the Secretary of Labor to 
adopt safety and health standards to reduce injuries and illnesses in 
American workplaces. Pursuant to that authority, the Secretary adopted 
a set of safety and health standards applicable to the construction 
industry, 29 CFR part 1926. Initially, standards for the construction 
industry were adopted under the Construction Safety Act, 40 U.S.C. 333. 
Under the Construction Safety Act, those standards were limited to 
employers engaged in Federally-financed or Federally-assisted 
construction projects. The Secretary subsequently adopted them as OSHA 
standards pursuant to Sec. 6(a) of the OSH Act, 29 U.S. C. 655(a), 
which authorized the Secretary to adopt established Federal standards 
as OSH Act standards within the first two years the OSH Act was 
effective (see 36 FR 25232, Dec. 30, 1971). Subpart N of 29 CFR part 
1926, entitled ``Cranes, Derricks, Hoists, Elevators, and Conveyors,'' 
was originally adopted through this process.
    The section of subpart N of 29 CFR part 1926 that applied to cranes 
and derricks was former Sec.  1926.550. That section relied heavily on 
national consensus standards that were in effect in 1971, in some cases 
incorporating the consensus standards by reference. For example, former 
Sec.  1926.550(b)(2) required crawler, truck, and locomotive cranes to 
meet applicable requirements for design, inspection, construction, 
testing, maintenance, and operation prescribed in ANSI B30.5-1968, 
``Crawler, Locomotive and Truck Cranes.'' Similarly, former Sec.  
1926.550(e)

[[Page 47907]]

required derricks to meet applicable requirements for design, 
construction, installation, inspection, testing, maintenance, and 
operation prescribed in ANSI B30.6-1969, ``Derricks.'' Until today, 
former Sec.  1926.550 was amended substantively only twice. In 1988, 
former Sec.  1926.550(g) was added to establish clearly the conditions 
under which employees on personnel platforms may be hoisted by cranes 
and derricks (see 53 FR 29116, Aug. 2, 1988). In 1993, former Sec.  
1926.550(a)(19) was added to require that all employees be kept clear 
of lifted and suspended loads.
    Considerable technological advances have been made since the 1971 
OSHA standard was issued. For example, hydraulic cranes were rare at 
that time, but are now prevalent. In addition, the construction 
industry has updated the consensus standards on which the original OSHA 
standard was based. For example, the industry consensus standard for 
derricks was most recently updated in 2003, and that for crawler, 
locomotive and truck cranes in 2007.
    In recent years, a number of industry stakeholders asked the Agency 
to update subpart N's cranes and derrick requirements. They were 
concerned that accidents involving cranes and derricks continued to be 
a significant cause of fatal and other serious injuries on construction 
sites and believed that an updated standard was needed to address the 
causes of these accidents and to reduce the number of accidents. They 
emphasized that the considerable changes in both work processes and 
technology since 1971 made much of former Sec.  1926.550 obsolete.
    In response to these requests, in 1998 OSHA's Advisory Committee 
for Construction Safety and Health (ACCSH) established a workgroup to 
develop recommended changes to the subpart N requirements for cranes 
and derricks. The workgroup developed recommendations on some issues 
and submitted them to the full committee in a draft workgroup report. 
(ID-0020.) In December 1999, ACCSH recommended to OSHA that the agency 
consider using a negotiated rulemaking process as the mechanism to 
update subpart N. (OSHA-ACCSH1999-4-2006-0187-0035.)

B. The Cranes and Derricks Negotiated Rulemaking Advisory Committee (C-
DAC)

    In July 2002, OSHA announced plans to use negotiated rulemaking 
under the Negotiated Rulemaking Act (NRA), 5 U.S.C. 561 et seq., to 
revise the cranes and derricks standard. The Agency made this decision 
in light of the stakeholder interest in updating subpart N, the 
constructive discussions and work of the ACCSH workgroup, ACCSH's 
recommendation, a positive assessment of the criteria listed in the NRA 
(5 U.S.C. 563(a)) for the use of negotiated rulemaking, and the 
Department of Labor's policy on negotiated rulemaking (see ``Notice of 
Policy on Use of Negotiated Rulemaking Procedures by Agencies of the 
Department of Labor,'' 57 FR 61925, Dec. 29, 1992). The Agency 
published a Notice of Intent to Establish a Cranes and Derricks 
Negotiated Rulemaking Advisory Committee (``C-DAC'' or ``the 
Committee'')) (see 67 FR 46612, Jul. 16, 2002).
    Negotiated rulemaking is a process by which a proposed rule is 
developed by a committee comprised of members who represent the 
interests that will be significantly affected by the rule. Section 562 
of the NRA defines ``interest'' as follows:

    ``[I]nterest'' means, with respect to an issue or matter, 
multiple parties which have a similar point of view or which are 
likely to be affected in a similar manner.

By including different viewpoints in the negotiation process, the 
members of a negotiated rulemaking committee learn the reasons for 
different positions on the issues as well as the practical effect of 
various approaches. Each member of the committee participates in 
resolving the interests and concerns of other members. Negotiation 
allows interested parties, including members who represent the 
interests of employers subject to the prospective rule and the 
employees who will benefit from the safer workplaces the rule will 
produce, to become involved at an earlier stage of the rulemaking 
process. As a result, the rule that OSHA proposes would receive close 
scrutiny by affected parties at the pre-proposal stage.
    The goal of the negotiated rulemaking process is to develop a 
proposed rule that represents a consensus of all the interests. The NRA 
defines consensus as unanimous concurrence among the interests 
represented on a negotiated rulemaking committee unless the committee 
itself unanimously agrees to use a different definition of consensus. 
As discussed below, C-DAC agreed by unanimous vote to a different 
definition: A consensus would be reached on an issue when not more than 
two non-Federal members dissented on that issue.
    In the July 2002 Federal Register notice announcing negotiated 
rulemaking on cranes and derricks mentioned earlier, the Agency listed 
key issues that it expected the negotiations to address, and the 
interests that OSHA tentatively identified as being significantly 
affected by the rulemaking. The key interests were:

--Crane and derrick manufacturers, suppliers, and distributors.
--Companies that repair and maintain cranes and derricks.

--Crane and derrick leasing companies.
--Owners of cranes and derricks.
--Construction companies that use cranes and derricks.
--General contractors.
--Labor organizations representing construction employees who operate 
cranes and derricks.
--Labor organizations representing construction employees who work in 
conjunction with cranes and derricks.
--Owners of electric power distribution lines.
--Civil, structural and architectural engineering firms and engineering 
consultants involved with the use of cranes and derricks in 
construction.
--Training organizations.
--Crane and derrick operator testing organizations.
--Insurance and safety organizations, and public interest groups.
--Trade associations.
--Government entities involved with construction safety and with 
construction operations involving cranes and derricks.
    In the Federal Register notice, OSHA asked for public comment on 
whether interests other than those listed would be significantly 
affected by a new rule. It also solicited requests for membership on 
the Committee. OSHA also urged interested parties form coalitions to 
support individuals identified for nomination to the Committee.
    The Agency noted that the need to limit the Committee's membership 
to a number that could conduct effective negotiations may result in 
some interests not being represented on the Committee. OSHA further 
noted that interested persons had means other than Committee membership 
available to participate in the Committee's deliberations, including 
attending meetings and addressing the Committee, providing written 
comments to the Committee, and participating in Committee workgroups 
(see 67 FR 46612, 46615, Jul. 16, 2002).
    In response to its request for public input, the Agency received 
broad support for using negotiated rulemaking, as well as 55 
nominations for committee membership. To keep membership to a 
reasonable size, OSHA tentatively listed 20 potential committee 
members, and asked for public comment on the proposed list (see 68 FR 
9036,

[[Page 47908]]

Feb. 27, 2003). In response to the comments, OSHA added three members 
to the committee--individuals from the mobile crane manufacturing 
industry, the Specialized Carriers & Rigging Association, and the 
outdoor advertising industry (see 68 FR 39879, Jul. 3, 2003).
    The members of the Committee, the organizations and interests they 
represent, and a summary of their qualifications at the time the 
Committee was formed are in Table 1 below:

              Table 1--The Qualifications of C-DAC Members
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Stephen Brown, International Union of Operating Engineers (labor)
    Title: Director of Construction Training, International Union of
     Operating Engineers.
    Organizations/interests represented: Organized construction
     employees who operate cranes and derricks, and work with such
     equipment.
    Experience: Worked in numerous positions in the construction
     industry over 28 years, including Equipment Operator, Mechanic, and
     Training Director.
Michael Brunet, Manitowoc Cranes, Inc. (manufacturers and suppliers)
    Title: Director of Product Support for Manitowoc Cranes.
    Organizations/interests represented: Crane manufacturers, suppliers,
     and distributors.
    Experience: Extensive engineering experience in crane engineering;
     participated in development of SAE and ISO standards for cranes.
Stephen P. Chairman, Viacom Outdoor, Inc. (employer users)
    Title: Vice President (New York) of Viacom Outdoor Group.
    Organizations/interests represented: Billboard construction.
    Experience: Over 43 years' experience with the construction
     industry, including specialized rigging.
Joseph Collins, Zachry Construction Corporation (employer users)
    Title: Crane Fleet Manager.
    Organizations/interests represented: Highway and railroad
     construction.
    Experience: Over 30 years' experience with the construction industry
     in a variety of positions including crane operator, mechanic, and
     rigger.
Noah Connell, U.S. Department of Labor, Occupational Safety and Health
 Administration (government)
    Title: Director, Office of Construction Standards and Guidance.
    Organization/interests represented: Government.
    Experience: 22 years' experience with government safety and health
     programs.
Peter Juhren, Morrow Equipment Company, L.L.C. (manufacturers and
 suppliers)
    Title: National Service Manager.
    Organization/interests represented: Tower crane distributors and
     manufacturers.
    Experience: 22 years' experience with Morrow Equipment Company,
     L.L.C.
Bernie McGrew, Link-Belt Construction Equipment Corp. (manufacturers and
 suppliers)
    Title: Manager for Crane Testing, Product Safety, Metal Labs and
     Technical Computing.
    Organization/interests represented: Mobile crane manufacturers.
    Experience: Extensive engineering experience in crane engineering.
Larry Means, Wire Rope Technical Board (manufacturers and suppliers)
    Title: Rope Engineer.
    Organization/interests represented: Wire rope manufacturing
     industry.
    Experience: 36 years' wire rope engineering experience.
Frank Migliaccio, International Association of Bridge, Structural,
 Ornamental and Reinforcing Iron Workers (labor organization)
    Title: Executive Director for Safety and Health.
    Organization/interests represented: Organized construction employees
     who operate cranes and derricks, and work with such equipment.
    Experience: 31 years' experience in the ironworking industry,
     including 10 years as Director of Safety and Health Training for
     the Ironworker's National Fund.
Brian Murphy, Sundt Corporation (employer users)
    Title: Vice President and Safety Director.
    Organization/interests represented: General contractors; crane
     owners and users.
    Experience: Over 35 years' experience in the construction industry,
     most of them with Sundt Corp.
George R. ``Chip'' Pocock, C.P. Buckner Steel Erection (employer users)
    Title: Safety and Risk Manager.
    Organization/interests represented: Steel erection crane users and
     employers.
    Experience: Over 22 years' experience in the construction and steel
     erection industry.
David Ritchie, St. Paul Companies (trainer and operator testing)
    Title: Crane and Rigging Specialist.
    Organization/interests represented: Employee training and
     evaluation.
    Experience: Over 31 years' experience in the construction industry.
Emmett Russell, International Union of Operating Engineers (IUOE)
 (labor)
    Title: Director of Safety and Health.
    Organization/interests represented: Organized construction employees
     who operate cranes and derricks, and work with such equipment.
    Experience: Over 32 years' experience in the crane and construction
     industry, including 10 years in the field as well as over 20 years
     with IUOE.
Dale Shoemaker, Carpenters International Training Center (labor)
    Organization/interests represented: Labor organizations representing
     construction employees who operate cranes and derricks and who work
     with cranes and derricks.
    Experience: Became a crane operator in 1973; served as a rigging
     trainer for labor organizations since 1986.
William Smith, Maxim Crane Works (lessors/maintenance)
    Title: Corporate Safety/Labor Relations Manager.
    Organization/interests represented: Crane and derrick repair and
     maintenance companies.
    Experience: 24 years' experience in the crane, rigging, and
     construction industry, both public and private sectors.
Craig Steele, Schuck & Sons Construction Company, Inc. (employer users)
    Title: President and CEO.
    Organization/interests represented: Employers and users engaged in
     residential construction.
    Experience: 30 years' experience in the construction industry with
     Schuck & Sons Construction Company, Inc.

[[Page 47909]]

 
Darlaine Taylor, Century Steel Erectors, Inc. (employer users)
    Title: Vice President.
    Organization/interests represented: Steel erection and leased crane
     users.
    Experience: 19 years' with Century Steel Erectors, over 12 years' in
     the construction safety field.
Wallace Vega III, Entergy Corp. (power line owners)
    Organization/interests represented: Power line owners.
    Experience: 35 years' experience in the power line industry.
William J. ``Doc'' Weaver, National Electrical Contractors Association
 (employer users)
    Organization/interests represented: Electrical contractors engaged
     in power line construction.
    Experience: Over 53 years' electrical construction experience, 37 of
     which spent in management positions.
Robert Weiss, Cranes, Inc. and A.J. McNulty & Company, Inc. (employer
 users)
    Title: Vice President and Project Manager for Safety.
    Organization/interests represented: Employers and users engaged in
     precast concrete erection.
    Experience: 20 years' experience in the precast and steel erection
     industry.
Doug Williams, C.P. Buckner Steel Erection (employer users)
    Title: President.
    Organization/interests represented: Buckner Heavy Lift Cranes.
    Experience: 32 years' experience in the construction industry.
Stephen Wiltshire, Sports and Public Assembly Group, Turner Construction
 Corp. (employer users)
    Title: National Safety Director.
    Organization/interests represented: Employers and users of owned and
     leased cranes.
    Experience: 28 years' experience in construction safety.
Charles Yorio, Acordia (Wells Fargo) (insurance)
    Title: Assistant Vice President.
    Organization/interests represented: Insurance.
    Experience: 17 years' experience in loss prevention and regulatory
     compliance.
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    As this summary of qualifications shows, the Committee members had 
vast and varied experience in cranes and derricks in construction, 
which gave them a wealth of knowledge in the causes of accidents and 
other safety issues involving such equipment. The members used this 
knowledge to identify issues that required particular attention and to 
devise regulatory language that would address the causes of such 
accidents. Their extensive practical experience in the construction 
industry and the other industries represented on the Committee helped 
them to develop revisions to the current subpart N requirements.
    C-DAC was chaired by a facilitator, Susan L. Podziba of Susan 
Podziba & Associates, a firm engaged in public policy mediation and 
consensus building. Ms. Podziba's role was to facilitate the 
negotiations by: (1) Chairing the Committee's meetings in an impartial 
manner; (2) Assisting the members of the committee in conducting 
discussions and negotiations; and (3) Ensuring minutes of the meetings 
were taken, and relevant records retained; (4) Performing other 
responsibilities such as drafting meeting summaries to be reviewed and 
approved by C-DAC members.
    C-DAC first met from July 30 to August 1, 2003. Before addressing 
substantive issues, the Committee developed ground rules (formally 
approved on September 26, 2003) that would guide its deliberations. 
(OSHA-S030-2006-0663-0373.) In addition to procedural matters, the 
ground rules addressed the Committee's decision-making process. C-DAC 
agreed that it would make every effort to reach unanimous agreement on 
all issues. However, if the facilitator determined that unanimous 
consent could not be achieved, the Committee would consider consensus 
to be reached when not more than two non-Federal members (i.e., members 
other than the OSHA member) dissented; no consensus could be achieved 
if OSHA dissented.
    This consensus process reflects the non-Federal members' view that 
Agency support of the Committee's work was essential. The non-Federal 
members believed that, if OSHA dissented, the Committee's work product 
likely would not be included in the final rule. Therefore, the 
Committee members would make every effort to resolve the Agency's 
concerns using the negotiation process.
    Under the ground rules, if C-DAC reached final consensus on some or 
all issues, OSHA would use the consensus-based language in its proposed 
standard, and C-DAC members would refrain from providing formal written 
negative comment on those issues in response to the proposed rule.
    The ground rules provided that OSHA could only depart from the 
consensus-based language by (1) reopening the negotiated rulemaking 
process, or (2) providing the C-DAC members with a detailed statement 
of the reasons for revising the consensus-based language, and do so in 
a manner that would allow the C-DAC members to express their concerns 
to OSHA before it published the proposed rule. The Committee members 
also could provide negative or positive comments in response to these 
revisions during the public-comment phase of the rulemaking. (OSHA-
S030-2006-0663-0373.)
    A tentative list of issues for the Committee to address was 
published along with the final list of Committee members (68 FR at 
39877, Jul. 3, 2003). At its initial meeting, the Committee reviewed 
and revised the issue list, adding several issues. (OSHA-S030-2006-
0663-0372.) The Committee met 11 times between July 30, 2003 and July 
9, 2004. As the meetings progressed, the Committee reached consensus 
agreement on various issues and, at the final meeting, reached 
consensus agreement on all outstanding issues.
    The Committee's work product, which was the Committee's recommended 
regulatory text for the proposed rule, is referred to in this notice as 
the ``C-DAC Document.'' (OSHA-S030-2006-0663-0639.) On October 12, 
2006, ACCSH adopted a resolution supporting the C-DAC Document and 
recommending that OSHA use it as the basis for a proposed standard. 
(OSHA-ACCSH2006-1-2006-0198-0021.)
    OSHA issued a proposed rule based on the C-DAC Document on October 
9, 2008 (73 FR 59713, Oct. 9, 2008). In reviewing the C-DAC Document 
and drafting the proposed rule, OSHA identified several problems in the 
C-DAC Document. These problems ranged from misnumbering and other 
typographical and technical errors, to

[[Page 47910]]

provisions that appeared to be inconsistent with the Committee's 
purpose, or that were worded in a manner that required clarification. 
The proposed rule deviated from the C-DAC Document when revisions were 
clearly needed to validly represent the Committee's purpose or to 
correct typographical and technical errors. With respect to substantive 
revisions, the Agency identified and explained these revisions in the 
portions of the preamble to the proposed rule that addressed the 
affected provisions. OSHA also prepared a draft of the proposed 
regulatory language identifying each instance in which the proposed 
rule differed from the C-DAC Document. In accordance with the ground 
rules, prior to publication of the proposed rule in the Federal 
Register, OSHA provided the draft showing the revisions to the C-DAC 
Document, along with its draft of the summary and explanation of the 
proposed rule, to the C-DAC members.
    Additionally, the Agency identified other instances in which the 
regulatory text drafted by the Committee did not appear to conform to 
the Committee's purpose, or instances in which a significant issue did 
not appear to have been considered by C-DAC. In these instances, OSHA 
retained the regulatory language used in the C-DAC Document, but asked 
for public comment on whether specific revisions should be made to the 
proposed regulatory language in the final rule.
    The proposed rule set a deadline of December 8, 2008, for the 
public to submit comments on the proposal. At the request of a number 
of stakeholders, this deadline was subsequently extended to January 22, 
2009 (73 FR 73197, Dec. 2, 2009). On March 17, 2009, OSHA convened a 
public hearing on the proposal, with Administrative Law Judge John M. 
Vittone presiding. The hearing lasted four days, closing on March 20. 
In addition to Judge Vittone, Administrative Law Judge William S. 
Colwell presided during the last part of the hearing. At the close of 
the hearing, Judge Colwell established a posthearing comment schedule. 
Participants were given until May 19, 2009 to supplement their 
presentations and provide data and information in response to questions 
and requests made during the hearing, make clarifications to the 
testimony and record that they believed were appropriate, and submit 
new data and information that they considered relevant to the 
proceeding. Participants also were given until June 18, 2009, to 
comment on the testimony and evidence in the record, including 
testimony presented at the hearing and material submitted during the 
first part of the posthearing comment period.

C. Hazards Associated With Cranes and Derricks in Construction Work

    OSHA estimates that 89 crane-related fatalities occur per year in 
construction work. The causes of crane-related fatalities were recently 
analyzed by Beavers, et al. (See J.E. Beavers, J.R. Moore, R. Rinehart, 
and W.R. Schriver, ``Crane-Related Fatalities in the Construction 
Industry,'' 132 Journal of Construction Engineering and Management 901 
(Sept. 2006) (ID OSHA-2007-0066-0012 \1\).) The authors searched OSHA's 
Integrated Management Information System (IMIS) database for all fatal 
accidents for 1997-2003 investigated by OSHA involving cranes in the 
construction industry. By searching the database for cases using the 
key words ``crane,'' ``derrick,'' or ``boom,'' they identified 381 IMIS 
files for the covered year in the Federal program states, which include 
states with about 57% of all workers throughout the country. The 
authors requested the case files from OSHA so that they could confirm 
that a crane or derrick was involved in the fatality. Of the 335 case 
files that OSHA provided, the authors identified 125 (involving 127 
fatalities) as being crane or derrick related. From these files, they 
determined the percentages of fatalities caused by various types of 
incidents (see Table 2 below).
---------------------------------------------------------------------------

    \1\ The term ``ID'' refers to the column labeled ``ID'' under 
Docket No. OSHA-2007-0066 on the Federal eRulemaking Portal, http://www.regulations.gov. This column lists individual records in the 
docket. Hereafter, this notice will identify each of these records 
only by the last four digits of the record. Records from dockets 
other than OSHA-2007-0066 are identified by their full ID number.

  Table 2--The Causes of Fatalities During the Performance of Hoisting
                               Activities
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Struck by load (other than failure of boom/cable)..........          32%
Electrocution..............................................          27%
Crushed during assembly/disassembly........................          21%
Failure of boom/cable......................................          12%
Crane tip-over.............................................          11%
Struck by cab/counterweight................................           3%
Falls......................................................           2%
------------------------------------------------------------------------

    A study by Suruda et al. examined the causes of crane-related 
deaths for the 1984-1994 period. (See A. Suruda, M. Egger, and D. Liu, 
``Crane-Related Deaths in the U.S. Construction Industry, 1984-94,'' 
The Center to Protect Workers' Rights (Oct. 1997) (ID-0013).) The 
authors examined OSHA IMIS data to identify the number of fatal 
accidents involving cranes, and determined their causes. For the years 
in question, they found 479 accidents involving 502 fatalities. In the 
worst year, 1990, 70 deaths occurred. The authors noted some 
limitations in the data they examined: Data for California, Michigan, 
and Washington State were not available for 1984-1989; the proportion 
of fatal accidents investigated by OSHA and states having OSHA-approved 
State plans is unknown; and some of the investigation reports were not 
sufficiently detailed to allow the authors to determine the cause of 
the accident or the type of crane involved.
    The Suruda study determined the number and the percentage of 
fatalities from various causes (see Table 3 below).

                 Table 3--The Causes of Crane Incidents
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Electrocution..............................................    198 (39%)
Crane assembly/disassembly.................................     58 (12%)
Boom buckling/collapse.....................................      41 (8%)
Crane upset/overturn.......................................      37 (7%)
Rigging failure............................................      36 (7%)
Overloading................................................      22 (4%)
Struck by moving load......................................      22 (4%)
Accidents related to manlifts..............................      21 (4%)
Working within swing radius of counterweight...............      17 (3%)
Two-blocking...............................................      11 (2%)
Hoist limitations..........................................       7 (1%)
Other causes...............................................      32 (6%)
------------------------------------------------------------------------

    This final standard addresses the major causes of the equipment-
related fatalities identified in the Beavers and Suruda studies. The 
following synopsis identifies the sections in the final standard that 
address the major causes of equipment-related fatalities.
    Electrocution hazards are addressed by Sec. Sec.  1926.1407-
1926.1411, which deal with power-line safety. These sections contain 
requirements to prevent equipment from contacting energized power 
lines. The final standard delineates systematic, reliable procedures 
and methods that employers must use to prevent a safe clearance 
distance from being breached. If maintaining the safe clearance 
distance is infeasible, additional protections are required, including 
grounding the equipment, covering the line with an insulating sleeve, 
and using insulating links and nonconductive tag lines.
    These procedures and methods are supplemented by requirements for 
training the operator and crew in power-line safety (see Sec.  
1926.1408(g)), and requirements for operator qualification and 
certification in Sec.  1926.1427. C-DAC concluded that compliance with 
these training and certification requirements will not only reduce the 
frequency of power-line contact, but will give the

[[Page 47911]]

workers the knowledge they need to help avoid injury in the event such 
contact occurs.
    Fatalities that involve employees being struck or crushed during 
assembly/disassembly are addressed in Sec. Sec.  1926.1403-1926.1406. 
These sections require employers to follow specific safe-practice 
procedures, and to address a list of specific hazards. Also, assembly 
and disassembly of a crane must be supervised by an individual who is 
well qualified to ensure that these requirements of these provisions 
are properly implemented.
    As the above-mentioned studies show, and the Committee's experience 
confirms, many disassembly accidents occur when sections of lattice 
booms unexpectedly move and strike or crush an employee who is 
disassembling the boom. The final standard addresses this hazard in 
Sec.  1926.1404(f) by prohibiting employees from being under the boom 
when pins are removed unless special precautions are taken to protect 
against boom movement.
    Accidents resulting from boom or cable failure are addressed in a 
number of provisions. For example, the standard includes requirements 
for: proper assembly procedures (Sec.  1926.1403); boom stops to 
prevent booms from being raised too far and toppling over backwards 
(Sec.  1926.1415, Safety devices); a boom-hoist limiting device to 
prevent excessive boom travel, and an anti two-block device, which 
prevents overloading the boom from two-blocking (Sec.  1926.1416, 
Operational aids). Also, the inspection requirements (Sec.  1926.1412) 
detect and address structural deficiencies in booms before an accident 
occurs. Cable failure will be avoided by compliance with sections such 
as Sec.  1926.1413, Wire rope--inspection, and Sec.  1926.1414, Wire 
rope--selection and installation criteria.
    Crane tip-over is caused by factors such as overloading, improper 
use of outriggers and insufficient ground conditions. Section 
1926.1417, Operations, includes provisions to prevent overloading. This 
section prohibits the equipment from being operated in excess of its 
rated capacity, and includes procedures for ensuring that the weight of 
the load is reliably determined and within the equipment's rated 
capacity. Section 1926.1404(q) has requirements for outrigger/
stabilizer use that will ensure that outriggers and stabilizers provide 
stability when a load is lifted. Section 1926.1402 contains 
requirements to ensure sufficient ground conditions, which will prevent 
crane tip-over.
    The provisions addressing operator training, qualification, and 
certification also will prevent tip-over accidents by ensuring that the 
operator is sufficiently knowledgeable and skilled to recognize 
situations when the crane may be overloaded.
    Fatalities that result from workers being struck by the cab or 
counterweights will be avoided under Sec.  1926.1424, Work area 
control. That section requires that workers who are near equipment with 
a rotating superstructure be trained in the hazards involved, that 
employers mark or barricade the area covered by the rotating 
superstructure, and that the operator be notified whenever a worker 
must enter that area, and instructed not rotate the superstructure 
until the area is clear. Protection against being struck by a 
counterweight during assembly or disassembly is provided by Sec.  
1926.1404(h)(9), which requires the assembly/disassembly supervisor to 
address this hazard and take steps when necessary to protect workers 
against that danger.
    The final rule addresses a number of equipment failures that can 
result in the load striking a worker. Such accidents are directly 
addressed by Sec.  1926.1425, Keeping clear of the load, and Sec.  
1926.1426, Free fall/controlled load lowering. In addition, improved 
requirements in Sec. Sec.  1926.1419-1926.1422 for signaling will help 
avoid load struck-by accidents caused by miscommunication.
    Improper operation, including failure to understand and compensate 
for the effects of factors such as dynamic loading, can also cause 
workers to be struck by a load. Such incidents will be reduced by 
compliance with Sec.  1926.1427, Operator qualification and 
certification and Sec.  1926.1430, Training. Other provisions, such as 
those for safety devices and operational aids (Sec. Sec.  1926.1415 and 
1926.1416), and the requirement for periodic inspections in Sec.  
1926.1412, will also reduce these accidents.
    Protection against falling from equipment is addressed by Sec.  
1926.1423, Fall protection. That section requires that new equipment 
provide safe access to the operator work station, using devices such as 
steps, handholds, and grabrails. Some new lattice-boom equipment must 
be equipped with boom walkways. The final standard also contains fall-
protection provisions tailored to assembly and disassembly work, and to 
other work. Section 1926.1431, Hoisting personnel, addresses fall 
protection when employees are being hoisted.
    OSHA has investigated numerous crane accidents that resulted in 
fatalities. Below are examples from OSHA's IMIS investigation reports 
that describe accidents that compliance with this final standard would 
prevent.
    1. February 16, 2004: four fatalities, four injuries. A launching 
gantry collapsed and fatally injured four workers and sent four other 
workers to the hospital. The launching gantry was being used to erect 
pre-cast concrete segments span by span. The manufacturer required that 
the rear legs and front legs be properly anchored to resist 
longitudinal and lateral forces that act on the launching gantry. The 
legs of the launching gantry were not properly anchored. (ID-0017.)
    OSHA believes that this type of accident will be prevented by 
compliance with the provisions of this final standard for assembling 
equipment. Section 1926.1403 requires that equipment be assembled in 
compliance with the manufacturer's procedures, or with alternative 
employer procedures (see Sec.  1926.1406) to prevent the equipment from 
collapsing. In addition, under Sec.  1926.1404, assembly must be 
conducted under the supervision of a person who understands the hazards 
associated with an improperly assembled crane and is well-qualified to 
understand and comply with the proper assembly procedures.
    2. January 30, 2006. One fatality. An employee was crushed by the 
lower end section of the lattice boom on a truck-mounted crane while 
working from a position underneath the boom to remove the 2nd lower 
pin. When the 2nd lower pin was removed, the unsecured/uncribbed boom 
fell on the employee. (ID-0017.1.)
    Section 1926.1404(f) will prevent this type of accident by 
generally prohibiting employees from being under the boom when pins are 
removed. In situations in which site constraints require that an 
employee be under the boom when pins are removed, the employer must 
implement other procedures, such as ensuring that the boom sections are 
adequately supported, to prevent the sections from falling on the 
employee.
    3. July 23, 2001: One fatality. Employee failed to extend the 
outriggers before extending the boom of a service-truck crane to lift 
pipes. As the employee extended the boom, the crane tipped over on its 
side, and another employee standing near the truck was struck on the 
head by the hook block. (ID-0017.10.)
    This type of accident will be prevented by compliance with Sec.  
1926.1404(q), which contains several provisions to ensure that 
outriggers and stabilizers are deployed properly before lifting a load. 
In addition, the operator

[[Page 47912]]

qualification and certification requirements of Sec.  1926.1427, which 
ensure that operators understand and follow the safety-requirements for 
the equipment they are operating, will help prevent this type of 
accident.
    4. March 8, 1999. One fatality. Employees were using a mobile crane 
to maneuver a load of steel joists. The crane contacted a 7,200-volt 
overhead power line, electrocuting an employee who was signaling and 
guiding the load. The crane operator jumped clear and was not injured. 
(ID-0017.11.)
    Section 1926.1408 includes provisions that will prevent this type 
of accident. This section requires the use of ``encroachment 
prevention'' measures to prevent the crane from breaching a safe 
clearance distance from the power line. It also requires that, if tag 
lines are used to guide the load, the lines must be non-conductive. 
Finally, if maintaining the normal clearance distance is infeasible, a 
number of additional measures must be implemented, one of which is the 
use of an insulating link between the end of the load line and the 
load.
    These measures protect employees guiding the load in several ways, 
including: reducing the chance that a crane would contact a power line; 
employees using tag lines to guide a load from being electrocuted 
should the load become energized.
    5. August 21, 2003. Three fatalities. A crane operator and two co-
workers were electrocuted when a truck crane's elevated boom contacted 
a 7,200 volt uninsulated primary conductor 31 feet above the ground. 
When the operator stepped from the cab of the truck, a conduction 
pathway to the ground was established through the operator's right hand 
and right foot, resulting in electrocution. A co-worker attempted to 
revive the incapacitated crane operator with cardio-pulmonary 
resuscitation (``CPR''), while a third co-worker contacted 911, and 
then returned to the incident location. When the third co-worker 
simultaneously touched the energized truck crane and the back of the 
co-worker performing CPR, the resulting pathway conducted the 
electrical charge through the workers, electrocuting them all. (ID-
0017.12.)
    The final standard will avoid this type of accident. Section 
1926.1408 ensures that a minimum safe distance from the power line is 
maintained, which prevents equipment from becoming energized. Also, 
when working closer than the normal minimum clearance distance, the 
crane must be grounded, which reduces the chance of an electrical 
pathway through the workers.
    In addition, Sec.  1926.1408(g) requires that the operator be 
trained to remain inside the cab unless an imminent danger of fire or 
explosion is present. The operator also must be trained in the hazards 
associated with simultaneously touching the equipment and the ground, 
as well as the safest means of evacuating the equipment. The crane's 
remaining crew must be trained to avoid approaching or touching the 
equipment. The required training is reinforced by the electrocution 
warnings that must be posted in the cab and on the outside of the 
equipment.
    6. September 28, 1999: One fatality. A 19-year old electrical 
instrument helper was at a construction site that was on a 
manufacturing company's property. A contractor positioned a 50-ton 
hydraulic crane in an open area that consisted of compacted fill 
material. This area was the only location that the crane could be 
situated because the receiving area for the equipment was too close to 
the property border.
    The crane's outriggers were set, but matting was placed only under 
one of the outrigger pads. As the crane was moving large sections of 
piping to a new location, the ground collapsed and the crane 
overturned, striking the helper. (ID-0017.13.)
    Section 1926.1402, Ground conditions, will prevent this type of 
accident. Under that section, employers must ensure that the surface on 
which a crane is operating is sufficiently level and firm to support 
the crane in accordance with the manufacturer's specifications. In 
addition, Sec.  1926.1402 imposes specific duties on both the entity 
responsible for the project (the controlling entity) and the entity 
operating the crane to ensure that the crane is adequately supported. 
It places responsibility for ensuring that the ground conditions are 
adequate on the controlling entity, while also making the employer 
operating the crane responsible notifying the controlling entity of any 
deficiency in the ground conditions, and having the deficiency 
corrected before operating the crane.
    7. June 17, 2006: One fatality. A spud pipe, used to anchor a 
barge, was being raised by a crane mounted on the barge when the 
hoisting cable broke, causing the headache ball and rigging to on an 
employee. (ID-0017.3.)
    This type of accident can have various causes: an improperly 
selected wire rope (one that has insufficient capacity); a damaged or 
worn wire rope in need of replacement; or two-blocking, in which the 
headache ball is forced against the upper block, causing the wire rope 
to fail. The provisions of Sec. Sec.  1926.1413 and 1926.1414 address 
wire rope inspection, selection, and installation, and will ensure that 
appropriate wire rope is installed, inspected and removed from service 
when continued use is unsafe. Section 1926.1416, Operational aids, 
contains provisions to protect against two-blocking.
    8. July 13, 1999: Three fatalities. Three employees were in a 
personnel basket 280 feet above the ground. They were in the process of 
guiding a large roof section, being lifted by another crane, into 
place. Winds gusting to 27 miles per hour overloaded the crane holding 
the roof section; that crane collapsed, striking the crane that was 
supporting the personnel basket, causing the boom to fall. All three 
employees received fatal crushing injuries. (ID-0018.)
    This type of accident will be prevented by Sec.  1926.1417(n), 
which requires the competent person in charge of the operation adjust 
the equipment and/or operations to address the effect of wind and other 
adverse weather conditions on the equipment's stability and rated 
capacity. In addition, Sec.  1926.1431, Hoisting personnel, requires 
that, when wind speed (sustained or gust) exceeds 20 mph, employers 
must not hoist employees by crane unless a qualified person determines 
it is safe to do so.
    9. November 7, 2005: One fatality. A construction worker was 
crushed between the outrigger and the rotating superstructure of a 
truck crane. The worker apparently was trying to retrieve a level and a 
set of blueprints located horizontal member of one of the outriggers 
when the operator began to swing the boom. (ID-0017.5.)
    Section 1926.1424, Work area control, will prevent this type of 
accident. This section generally requires that employers erect barriers 
to mark the area covered by the rotating superstructure to warn workers 
of the danger zone. However, workers who must work near equipment with 
a rotating superstructure must be trained in the hazards involved. If a 
worker must enter a marked area, the crane operator must be notified of 
the entry, and must not rotate the superstructure until the area is 
clear.
    10. March 19, 2005: Two fatalities and one injury. During steel-
erection operations, a crane was lifting three steel beams to a parking 
garage. The crane tipped over and the boom collapsed. The boom and 
attached beams struck concrete workers next to the structure, killing 
two workers and injuring one worker. The accident apparently occurred 
because the crane was overloaded. (ID-0017.6.)

[[Page 47913]]

    Overloading a crane can cause it to tip over, causing the load or 
crane structure to strike and fatally injure workers in the vicinity of 
the crane. Section 1926.1417, Operations, includes provisions to 
prevent overloading. This section prohibits employers from operating 
equipment in excess of its rated capacity, and includes procedures for 
ensuring that the weight of the load is reliably determined and within 
the equipment's rated capacity.
    The provisions of the final standard addressing operator training, 
certification, and qualification (Sec.  1926.1427) will also prevent 
this type of accident by ensuring that operators recognize conditions 
that would overload the crane.
    11. December 7, 2005. One fatality. Two cranes were used to lower a 
concrete beam across a river. During the lowering process, one end of 
the beam dropped below the other end, causing the load's weight to 
shift to the lower end; this shift in weight overloaded the crane 
lifting the lower end, and it tipped over. The lower end of the beam 
fell into the river, while the higher end landed on a support mat 
located on the bank of the river, causing a flagger to be thrown into 
the beam. (ID-0017.7.)
    Section 1926.1432, Multiple crane/derrick lifts--supplemental 
requirements, will prevent this type of accident. This section 
specifies that, when more than one crane is supporting a load, the 
operation must be performed in accordance with a plan developed by a 
qualified person. The plan must ensure that the requirements of this 
final standard are met, and must be reviewed by all individuals 
involved in the lifting operation. Moreover, the lift must be 
supervised by an individual who qualifies as both a competent person 
and a qualified person as defined by this final standard. For example, 
in the accident just described, the plan must include a determination 
of the degree of level needed to prevent either crane from being 
overloaded. In addition, the plan must ensure proper coordination of 
the lifting operation by establishing a system of communications and a 
means of monitoring the operation.
    12. May 7, 2004: One fatality. An employee, a rigger/operator-in-
training, was in the upper cab of a 60-ton hydraulic boom-truck crane 
to set up and position the crane boom prior to a lift. The crane was 
equipped with two hoists--a main line and auxiliary. The main hoist 
line had a multi-sheave block and hook and the auxiliary line had a 285 
pound ball and hook. When the employee extended the hydraulic boom, a 
two-block condition occurred with the auxiliary line ball striking the 
auxiliary sheave head and knocking the sheave and ball from the boom. 
The employee was struck in the head by the falling ball. (ID-0017.8.)
    This type of accident will be prevented by Sec.  1926.1416, 
Operational aids, which requires protection against two-blocking. A 
hydraulic boom crane, if manufactured after February 28, 1992, must be 
equipped with a device that automatically prevents two-blocking.
    Also, the final rule, under Sec.  1926.1427(a) and (f), prohibits 
an operator-in-training from operating a crane without being monitored 
by a trainer, and without first having sufficient training to enable 
the operator-in-training to perform the assigned task safely.
    13. April 26, 2006: One fatality. A framing crew was installing 
sheathing for a roof. A crane was hoisting a bundle of plywood 
sheathing to a location on the roof. As the crane positioned the bundle 
of sheathing above its landing location, the load hoist on the crane 
free spooled, causing an uncontrolled descent of the load. An employee 
was under the load preparing to position the load to its landing spot 
when the load fell and crushed him. (ID-0017.9.)
    Section 1926.1426, Free fall and controlled load lowering, will 
prevent this type of accident. This section prohibits free fall of the 
load-line hoist, and requires controlled lowering of the load when an 
employee is directly under the load.
    As discussed later in the section titled, Executive Summary of the 
Final Economic Analysis; Final Regulatory Flexibility Analysis, OSHA 
finds that construction workers suffer 89 fatal injuries per year from 
the types of equipment covered by this final standard. Of that number, 
OSHA estimates that 21 fatalities would be avoided by compliance with 
the final standard. In addition, OSHA estimates that the final standard 
would prevent 175 non-fatal injuries each year. Based on its review of 
all the available evidence, OSHA finds that construction workers have a 
significant risk of death and injury resulting from equipment 
operations, and that the risk would be substantially reduced by 
compliance with this final standard.
    The OSH Act requires OSHA to make certain findings with respect to 
standards. One of these findings, specified by Section 3(8) of the OSH 
Act, requires an OSHA standard to address a significant risk and to 
reduce this risk substantially. (See UAW v. OSHA, 37 F.3d 665, 668 (DC 
Cir. 1994) (``LOTO'').) As discussed in Section II of this preamble, 
OSHA finds that crane and derrick operations in construction constitute 
a significant risk and estimates that the final standard will prevent 
22 fatalities and 175 injuries annually. Section 6(b) of the OSH Act 
requires OSHA to determine if its standards are technologically and 
economically feasible. As discussed in Section V of this preamble, OSHA 
finds that this final standard is economically and technologically 
feasible.
    The Regulatory Flexibility Act (5 U.S.C 601, as amended) requires 
that OSHA determine whether a standard will have a significant economic 
impact on a substantial number of small firms. As discussed in Section 
V, OSHA examined the small firms affected by this standard and 
certifies that the final standard will not have a significant impact on 
a substantial number of small firms.
    Executive Order 12866 requires that OSHA estimate the benefits, 
costs, and net benefits of its standards. The table below summarizes 
OSHA's findings with respect to the estimated costs, benefits, and net 
benefits of this standard. As is clear, the annual benefits are 
significantly in excess of the annual costs. However, it should be 
noted that under the OSH Act, OSHA does not use the magnitude of net 
benefits as decision-making criterion in determining what standards to 
promulgate.

         Annual Benefits, Costs, and Net Benefits, 2010 Dollars
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Annualized Costs*:
    Crane Assembly/Disassembly........  $16.3 million.
    Power Line Safety.................  68.2 million.
    Crane Inspections.................  16.5 million.
    Ground Conditions.................  2.3 million.
    Operator Qualification and          50.7 million.
     Certification.
                                       ---------------------------------
        Total Annualized Costs........  154.1 million.
 

[[Page 47914]]

 
Annual Benefits:
    Number of Injuries Prevented......  175.
    Number of Fatalities Prevented....  22.
    Property Damage from Tipovers       7 million.
     Prevented.
                                       ---------------------------------
        Total Monetized Benefits......  $209.3 million.
                                       ---------------------------------
Annual Net Benefits (Benefits minus     $55.2 million.
 Costs).
------------------------------------------------------------------------
Source: OSHA Office of Regulatory Analysis.
*Costs with 7% discount rate. Total costs with 3% discount rate: $150.4
  million annually.

    During the SBREFA process, several Small Entity Representatives 
expressed concern that the C-DAC Document was so long and complex that 
small businesses would have difficulty understanding it and complying 
with it. The SBREFA Panel recommended that OSHA solicit public comment 
on how the rule could be simplified and made easier to understand. In 
the proposal, OSHA requested public comment on this issue. The Agency 
did not receive any comments objecting to the length or clarity of the 
overall rule, or any comment on how to simplify the final rule. Some 
commenters recommended that specific provisions be clarified, and these 
comments are addressed later in this preamble.

III. The SBREFA Process

    Before proceeding with a proposed rule based on the C-DAC Document, 
OSHA was required to comply with the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. (SBREFA). This 
process required OSHA to draft an initial regulatory flexibility 
analysis that would evaluate the potential impact of the rule on small 
entities (defined as small businesses, small governmental units, and 
small nonprofit organizations) and identify the type of small entities 
that may be affected by the rule. In accordance with SBREFA, OSHA then 
convened a Small Business Advocacy Review Panel (``Panel'') composed of 
representatives of OSHA, the Office of Management and Budget, and the 
Office of Advocacy of the Small Business Administration. Individuals 
who were representative of affected small entities (i.e., Small Entity 
Representatives, or ``SERs'') were identified for the purpose of 
obtaining advice and recommendations regarding the potential impacts of 
the proposed rule.
    OSHA provided the SERs with the C-DAC Document and the draft 
Regulatory Flexibility Analysis, and requested that they submit written 
comments on these documents. The Agency also drafted questions asking 
for their views on the specific aspects of the C-DAC Document that OSHA 
believed may be of concern to small entities.
    The Panel conducted two conference calls with the SERs in which the 
SERs presented their views on various issues. After reviewing the SERs' 
oral and written comments, on October 17, 2006, the Panel submitted its 
report summarizing the requirements of the C-DAC proposal and the 
comments received from the SERs, and presenting its findings and 
recommendations. (OSHA-S030A-2006-0664-0019.) In its findings and 
recommendations, the Panel identified issues that it believed OSHA 
should address in the proposal (1) through further analysis, and (2) by 
soliciting public comment. In the proposed rule, OSHA addressed each of 
the Panel's findings and recommendations in the section pertaining to 
the issue involved, and also solicited public comment on the issues 
raised by the Panel. The following table lists the recommendations made 
by the Panel, and OSHA's responses to these recommendations.

        Table 4--SBREFA Panel Recommendations and OSHA Responses
------------------------------------------------------------------------
      SBREFA Panel Recommendation                 OSHA Response
------------------------------------------------------------------------
The Panel recommends that OSHA provide   OSHA has developed a full
 full documentation for how it            preliminary economic analysis
 estimated the number of affected small   (PEA) for the proposal which
 entities and all other calculations      explains all assumptions used
 and estimates provided in the PIRFA.     in estimating the costs and
                                          benefits of the proposed
                                          standard. The Final Economic
                                          Analysis (FEA) also explains
                                          the changes made to the
                                          analysis as a result of
                                          comments on the proposed rule,
                                          and OSHA's responses to these
                                          comments.
The Panel recommends that OSHA           OSHA included homebuilding
 reexamine its estimate of crane use in   industries in the ``Own but Do
 home building, the coverage of crane     Not Rent'' and ``Crane
 trucks used for loading and unloading,   Lessees'' industrial profile
 and the estimates of the number of       categories.
 jobs per crane. Changes in these        OSHA has also made a number of
 estimates should be incorporated into    additions to the industrial
 the estimates of costs and economic      profile to cover firms in
 impacts.                                 general industry that
                                          sometimes use cranes for
                                          construction work, and has
                                          added costs for these sectors.
The Panel recommends that OSHA review    OSHA sought comments on the
 its estimates for the direct costs of    estimates and methodology. As
 operator certification and seek          a result of these comments,
 comment on these cost estimates.         OSHA has increased its
                                          estimate of the unit costs of
                                          certification.
The Panel recommends that OSHA           OSHA sought public comment on
 carefully examine certain types of       all aspects (including
 impact that could result from an         economic impacts, wages,
 operator certification requirement,      number of operators, demand,
 including reports of substantial         etc.) of the operator
 increases in the wages of operators;     certification requirements,
 the possibility of increased market      specifically as it pertains to
 power for firms renting out cranes;      the State of California.
 and loss of jobs for existing           OSHA has included 2 hours of
 operators due to language, literacy,     travel time per operator into
 or knowledge problems; and seek          the unit costs for operator
 comment on these types of impacts. The   certification.
 Panel also recommends studying the      OSHA also increased the unit
 impacts of the implementation of         costs of operator
 operator certification in CA.            certification as a result of
                                          comments. However, based on
                                          comments, OSHA also reduced
                                          the OSHA percentage of crane
                                          operators still needing
                                          certification.

[[Page 47915]]

 
                                         The Agency reviewed data on
                                          wage rates for operators in
                                          California immediately before
                                          and after operator
                                          certification was required
                                          (Employment Development
                                          Department, Labor Market
                                          Information Division, State of
                                          California, 2007). The data
                                          did not show much change in
                                          operators' wages.
                                         OSHA also evaluated the changes
                                          in crane related fatality
                                          rates in California and found
                                          these had significantly
                                          declined after the California
                                          certification requirements
                                          were put into place.
The Panel recommends that OSHA           OSHA sought comment on the
 reexamine its estimates for the amount   methodology used to calculate
 of time required to assess ground        all of the costs in the PEA,
 conditions, the number of persons        which includes the costs for
 involved in the assessment, and the      assessing ground conditions.
 amount of coordination involved;        As a result of these comments,
 clarify the extent to which such         OSHA has added costs for
 assessments are currently being          examination of ground
 conducted and what OSHA estimates as     conditions. This addition of
 new costs for this rule represent; and   costs does not change OSHA's
 seek comments on OSHA's cost estimates.  conclusion that this standard
                                          is economically feasible.
The Panel recommends that OSHA           The Agency describes the
 carefully review the documentation       documentation requirements,
 requirements of the standard,            along with cost estimates, in
 including documentation that employers   the section of this preamble
 may consider it prudent to maintain;     entitled ``OMB Review Under
 estimate the costs of such               the Paperwork Reduction Act of
 requirements; seek ways of minimizing    1995.''
 these costs consistent with the goals
 of the OSH Act; and solicit comment on
 these costs and ways of minimizing
 these costs.
The Panel recommends that OSHA examine   As explained in the discussion
 whether the inspection requirements of   of Sec.   1926.1412,
 the proposed rule require procedures     Inspections, OSHA's former
 not normally conducted currently, such   standard at former Sec.
 as lowering and fully extending the      1926.550 requires inspections
 boom before the crane can be used, and   each time the equipment is
 removing non-hinged inspection plates    used, as well as thorough
 during the shift inspection, estimate    annual inspections. In
 the costs of any such requirements,      addition, national consensus
 and seek comment on these issues.        standards that are
                                          incorporated by reference
                                          include additional inspection
                                          requirements. This final
                                          standard would list the
                                          inspection requirements in one
                                          place rather than rely on
                                          incorporated consensus
                                          standards. This final standard
                                          does not impose significant
                                          new requirements for
                                          inspections. OSHA received
                                          comments on the issue of
                                          lowering and fully extending
                                          the boom before the crane can
                                          be used. However, OSHA
                                          concludes that the comments
                                          were based on a general
                                          misunderstanding of the
                                          requirements. Section
                                          1926.1413(a) explicitly says
                                          that booming down is not
                                          required for shift (and
                                          therefore monthly)
                                          inspections.
                                         Similarly, OSHA stated in the
                                          proposed preamble (73 FR
                                          59770, Oct. 9, 2008) that it
                                          does not believe inspection of
                                          any of those items would
                                          require removal of non-hinged
                                          inspection plates. In the
                                          discussion of proposed Sec.
                                          1926.1412, OSHA requested
                                          public comment on this point.
                                          OSHA finalized Sec.
                                          1926.1412 as proposed because
                                          comments did not confirm that
                                          non-hinged plates needed to be
                                          removed to meet the
                                          requirements of a shift
                                          inspection.
The Panel recommends that OSHA consider  Previous subpart N, at former
 the costs of meeting the requirements    Sec.   1926.550(a)(2),
 for original load charts and full        required load charts; this is
 manuals, and solicit comments on such    not a new cost. Subpart N did
 costs.                                   not require manuals. OSHA
                                          concludes that most crane
                                          owners and operators have and
                                          maintain crane manuals, which
                                          contain the load charts and
                                          other critical technical
                                          information about crane
                                          operations and maintenance.
                                          The Agency determined that the
                                          cost of obtaining a copy of a
                                          manual should be modest and
                                          solicited comment on how many
                                          owners or operators do not
                                          have full manuals for their
                                          cranes or derricks. Few
                                          commenters saw this as a major
                                          problem.
The Panel recommends that OSHA provide   The Agency placed additional
 full documentation for its analysis of   materials in the rulemaking
 the benefits the proposed rule are       docket to aid in the
 expected to produce and assure that      reproduction of the benefits
 the benefits analysis is reproducible    analysis. The Agency also
 by others.                               developed a full benefits
                                          analysis (sec. 4 of the FEA)
                                          which includes the methodology
                                          and data sources for the
                                          calculations.
The Panel recommends that OSHA consider  In the discussion of proposed
 and solicit public comment on whether    Sec.   1926.1400(c)(8), OSHA
 the scope language should be clarified   requested public comment on
 to explicitly state whether forklifts    this issue.
 that are modified to perform tasks
 similar to equipment (cranes and
 derricks) modified in that manner
 would be covered.
The Panel recommends that there be a     OSHA explained in the
 full explanation in the preamble of      discussion of proposed Sec.
 how responsibility for ensuring          1926.1402(e) how the various
 adequate ground conditions is shared     employers, including the
 between the controlling entity, and      controlling entity, the
 the employer of the individual           employer whose employees
 supervising assembly/disassembly and/    operate the equipment, and the
 or the operator.                         employer of the A/D director
                                          share responsibility for
                                          ensuring adequate ground
                                          conditions. OSHA did not
                                          receive any significant
                                          comments on this issue and,
                                          therefore, considers this
                                          matter resolved.
The Panel recommends that OSHA restate   OSHA addressed this
 the applicable corrective action         recommendation in the
 provisions (which are set forth in the   discussion of proposed Sec.
 shift inspection) in the monthly         1926.1412(e) and requested
 inspection section.                      public comment on the issue.
                                          Based on these comments, OSHA
                                          concludes that the
                                          requirements were clear as
                                          proposed, and repeating the
                                          provisions will create
                                          confusion. Therefore, OSHA did
                                          not restate the corrective
                                          actions in Sec.
                                          1926.1412(e).

[[Page 47916]]

 
The Panel recommends that OSHA solicit   OSHA addressed this
 public comment on whether, and under     recommendation in the
 what circumstances, booming down         discussion of proposed Sec.
 should be specifically excluded as a     1926.1412(d) and requested
 part of the shift inspection, and        public comment on the issues
 whether the removal of non-hinged        raised in the recommendation.
 inspection plates should be required
 during the shift inspection.
The Panel recommends that OSHA solicit   OSHA solicited comments on this
 public comment on whether to include     issue, but the Agency did not
 an exception for transportation          receive any significant
 systems in proposed Sec.                 comments supporting an
 1926.1412(a), which requires an          exception for transportation
 inspection of equipment that has had     systems. Based on the analysis
 modifications or additions that affect   of comments received about
 its safe operation, and, if so, what     Sec.   1926.1412(a), OSHA
 the appropriate terminology for such     concludes that the inspections
 an exception would be.                   of modifications as required
                                          by the final rule are
                                          sufficient to ensure that safe
                                          equipment is used. Therefore,
                                          OSHA did include the
                                          recommended exclusion in the
                                          final rule.
The Panel recommends that OSHA explain   In the explanation of Sec.
 in the preamble that the shift           1926.1412(d)(1) of the
 inspection does not need to be           proposed rule, OSHA explained
 completed prior to each shift but may    that the shift inspection may
 be completed during the shift.           be completed during the shift.
                                          OSHA finalized Sec.
                                          1926.1412(d)(1) as proposed
                                          because the comments did not
                                          demonstrate how it was safer
                                          to deviate from the rule as
                                          proposed.
The Panel recommends that OSHA solicit   OSHA requested public comment
 public comment about whether it is       on this issue and revised the
 necessary to clarify the requirement     regulatory text of Sec.
 of proposed Sec.   1926.1412(d)(1)(xi)   1926.1412(d)(1)(xi) to provide
 that the equipment be inspected for      more clarity, in response to
 ``level position.''.                     the comments the Agency
                                          received.
The Panel recommends that OSHA solicit   There is no requirement to
 comment on whether proposed Sec.         check the pressure ``at each
 1926.1412(f)(2)(xii)(D) should be        and every line.'' The
 changed to require that pressure be      provision simply states that
 inspected ``at the end of the line,''    relief valves should be
 as distinguished from ``at each and      checked for failure to reach
 every line,'' and if so, what the best   correct pressure. If this can
 terminology would be to meet this        be done at one point for the
 purpose. (An SER indicated that          entire system, then that would
 proposed Sec.                            satisfy the requirement.
 1926.1412(f)(2)(xiv)(D) should be
 modified to ``checking pressure
 setting,'' in part to avoid having to
 check the pressure at ``each and every
 line'' as opposed to ``at the end of
 the line.'').
The Panel recommends that OSHA solicit   Section 1926.1412(f)(2)(xx) of
 public comment on whether proposed       the final rule does not
 Sec.   1926.1412(f)(2)(xx) should be     require the corrective action
 deleted because an SER believes that     to which the SER refers. If an
 it is not always appropriate to retain   inspection under Sec.
 originally-equipped steps and ladders,   1926.1412(f) reveals a
 such as in instances where they are      deficiency, a qualified person
 replaced with ``attaching dollies.''.    must determine whether that
                                          deficiency is a safety hazard
                                          requiring immediate
                                          correction. If the inspection
                                          reveals that original
                                          equipment, such as stairs and
                                          ladders, have been replaced
                                          with something equally safe,
                                          there would be no safety
                                          hazard and no requirement for
                                          corrective action.
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on the extent of          Sec.   1926.1412(f)(7), OSHA
 documentation of monthly and annual/     requested public comment on
 comprehensive inspections the rule       this issue. OSHA finalized
 should require.                          Sec.   1926.1412(f)(7) as
                                          proposed because the comments
                                          did not demonstrate a need to
                                          modify the extent of required
                                          documentation.
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on whether the            Sec.   1926.1412(e), OSHA
 provision for monthly inspections        requested public comment on
 should, like the provision for annual    this issue. In response to
 inspections, specify who must keep the   these comments, OSHA has
 documentation associated with monthly    explained in the final
 inspections.                             preamble that the employer who
                                          performs the inspection must
                                          maintain documentation. If
                                          another employer wants to rely
                                          on this inspection, but cannot
                                          ensure completion and
                                          documentation of the
                                          inspection, then that employer
                                          must conduct a monthly
                                          inspection.
The Panel recommends that OSHA consider  OSHA addressed this
 ways to account for the possibility      recommendation in the
 that there may sometimes be an           discussion of proposed Sec.
 extended delay in obtaining the part     1926.1416(d), and requested
 number for an operational aid for        public comment on the issue.
 older equipment and solicit public       The Agency did not receive any
 comment on the extent to which this is   significant comments.
 a problem.
The Panel recommends that the provision  Except for a minor change to
 on fall protection (proposed Sec.        Sec.   1926.1423(h), which was
 1926.1423) be finalized as written and   made for clarity purposes,
 that OSHA explain in the preamble how    OSHA has finalized Sec.
 and why the Committee arrived at this    1926.1423 as proposed. OSHA
 provision.                               explained the Committee's
                                          rationale in the proposed
                                          preamble discussion of Sec.
                                          1926.1423.
The Panel recommends that OSHA consider  OSHA addressed these
 the potential advantages of and          recommendations in the
 solicit public comment on adding         discussion of proposed Sec.
 provisions to proposed Sec.              1926.1427, and requested
 1926.1427 that would allow an operator   public comment on the issues
 to be certified on a particular model    raised by the Panel. Based on
 of crane; allow tests to be              these comments, OSHA is not
 administered by an accredited            permitting certification on a
 educational institution; and allow       particular crane model because
 employers to use manuals that have       the body of knowledge and
 been re-written to accommodate the       skills required to be
 literacy level and English proficiency   qualified/certified on a
 of operators.                            particular model of crane is
                                          not less than that needed to
                                          be qualified/certified for
                                          that model's type and
                                          capacity. OSHA is not allowing
                                          an institution accredited by
                                          the Department of Education
                                          (DOE) to certify crane
                                          operators solely on the basis
                                          of DOE accreditation; such
                                          institutions would, like other
                                          operator-certification
                                          entities used to fulfill
                                          Option (1), be accredited by a
                                          ``nationally recognized''
                                          accrediting body. Finally,
                                          OSHA is permitting employers
                                          to re-write manuals to
                                          accommodate the literacy level
                                          and English proficiency of
                                          operators.

[[Page 47917]]

 
The Panel recommends that OSHA clarify   In the discussion of proposed
 in the preamble how the proposed rule    Sec.   1926.1427(h), OSHA
 addresses an SER's concern that his      proposed to allow the oral
 crane operator would not be able to      administration of tests if two
 pass a written qualification/            prerequisites are met. None of
 certification exam because the           the comments explained why the
 operator has difficulty in taking        rule as proposed was not
 written exams.                           effective for evaluating the
                                          knowledge of the candidate.
The Panel recommends soliciting public   OSHA received public comments
 comment on whether the phrase            on this issue. In the final
 ``equipment capacity and type'' in       preamble discussion of Sec.
 proposed Sec.   1926.1427(b)(1)(ii)(B)   1926.1427(b)(1)(ii)(B), OSHA
 needs clarification, suggestions on      explains that the Agency added
 how to accomplish this, and whether      a definition of ``type'' in
 the categories represented in Figures    response to public comment.
 1 through 10 contained in ANSI B30.5-    The Agency also references
 2000 (i.e., commercial truck-mounted     ANSI crane categories to
 crane--telescoping boom; commercial      illustrate the meaning of
 truck-mounted crane--non-telescoping     ``type'' in this standard.
 boom; crawler crane; crawler crane--
 telescoping boom; locomotive crane;
 wheel-mounted crane (multiple control
 station); wheel-mounted crane--
 telescoping boom (multiple control
 station); wheel-mounted crane (single
 control station); wheel-mounted crane--
 telescoping boom (single control
 station)) should be used.
The Panel recommends that OSHA ask for   OSHA addressed this
 public comment on whether the rule       recommendation in the
 needs to state more clearly that Sec.    discussion of proposed Sec.
  1926.1427(j)(1)(i) requires more        1926.1430(c), and explained
 limited training for operators of        that Sec.   1926.1427(j)(1)'s
 smaller capacity equipment used in       requirement for operator
 less complex operations as compared      training in ``the information
 with operators of higher capacity,       necessary for safe operation
 more complex equipment used in more      of the specific type of
 complex situations.                      equipment the individual will
                                          operate'' addressed the SERs'
                                          concern. However, the Agency
                                          sought public comment on this
                                          issue. OSHA finalized Sec.
                                          1926.1427(j)(1) as proposed
                                          because the comments failed to
                                          explain how the hazards
                                          related to the operation of
                                          smaller equipment differed
                                          from larger equipment. OSHA
                                          then concluded that the
                                          comments also were not
                                          persuasive as to why operators
                                          of smaller capacity equipment
                                          should be allowed limited
                                          training.
The Panel recommends that OSHA consider  OSHA addressed this
 and ask for public comment on whether    recommendation in the
 a more limited training program would    discussion of proposed Sec.
 be appropriate for operations based on   1926.1430(c) requested public
 the capacity and type of equipment and   comment on the issue. The
 nature of operations.                    comments failed to explain how
                                          the hazards related to smaller
                                          equipment were any different
                                          from larger equipment. OSHA
                                          then concluded that the
                                          comments also were not
                                          persuasive as to why operators
                                          of smaller capacity equipment
                                          should be allowed limited
                                          training.
The Panel recommends that OSHA consider  OSHA addressed this
 and ask for public comment as to         recommendation in the
 whether the supervisor responsible for   discussion of proposed Sec.
 oversight for an operator in the pre-    1926.1430(c). and requested
 qualification period (Sec.               public comment on the issue.
 1926.1427(f)) should have additional     In the proposed preamble, OSHA
 training beyond that required in the C-  stated that, where a
 DAC document at Sec.                     supervisor is not a certified
 1926.1427(f)(2)(iii)(B).                 operator, ``he/she must be
                                          certified on the written
                                          portion of the test and be
                                          familiar with the proper use
                                          of the equipment's controls;
                                          the supervisor is not required
                                          to have passed a practical
                                          operating test.'' OSHA
                                          finalized this requirement
                                          without substantive change in
                                          Sec.   1926.1427(f)(3)(ii) as
                                          proposed because none of the
                                          comments demonstrated a need
                                          to require additional training
                                          for this qualified individual.
The Panel recommends OSHA solicit        In the discussion of proposed
 comment on whether there are qualified   Sec.   1926.1437(n)(2), OSHA
 persons in the field with the            requested public comment on
 necessary expertise to assess how the    this issue. Based on these
 rated capacity for land cranes and       comments, OSHA has concluded
 derricks used on barges and other        that there are qualified
 flotation devices needs to be modified   persons with dual expertise,
 as required by proposed Sec.             and that the requirement in
 1926.1437(n)(2).                         Sec.   1926.1437(n)(2) is
                                          necessary for safety when
                                          equipment is engaged in duty
                                          cycle work.
The Panel also recommends that OSHA
 solicit comment on whether it is
 necessary, from a safety standpoint,
 to apply this provision to cranes used
 only for duty cycle work, and if so,
 why that is the case, and how ``duty
 cycle work'' should be defined.
The Panel recommends that OSHA consider  In the discussion of proposed
 and ask for comment on whether it        Sec.   1926.1440(a), OSHA
 would be appropriate to exempt from      requested public comment on
 the rule small sideboom cranes           this issue. These comments did
 incapable of lifting above the height    not provide any specific
 of a truck bed and with a capacity of    reason for exempting these
 not more than 6,000 pounds.              small sideboom cranes and,
                                          therefore, OSHA has not
                                          provided a small capacity
                                          sideboom crane exemption from
                                          this standard.
The Panel recommends that OSHA solicit   The length and
 public comment on how the proposed       comprehensiveness of the
 rule could be simplified (without        standard is an issue for this
 creating ambiguities) and made easier    rulemaking. In the proposed
 to understand. (Several SERs believed    preamble Introduction, OSHA
 that the C-DAC document was so long      requested public comment on
 and complex that small businesses        this issue; however, the
 would have difficulty understanding it   Agency did not receive any
 and complying with it.).                 comments objecting to the
                                          length or clarity of the
                                          overall rule or offer any
                                          suggestions as to how it could
                                          be simplified.
The Panel recommends that OSHA consider  OSHA will consider developing
 outlining the inspection requirements    such an aid as a separate
 in spreadsheet form in an Appendix or    guidance document.
 developing some other means to help
 employers understand what inspections
 are needed and when they must be done.

[[Page 47918]]

 
The Panel recommends that OSHA consider  Some SERs requested
 whether use of the words ``determine''   clarification as to when
 and ``demonstrate'' would mandate that   documentation was required,
 the employer keep records of such        believing that the document
 determinations and if records would be   implicitly requires
 required to make such demonstrations.    documentation when it states
                                          that the employer must
                                          ``determine'' or
                                          ``demonstrate'' certain
                                          actions or conditions. OSHA
                                          notes that it cannot cite an
                                          employer for failing to have
                                          documentation not explicitly
                                          required by a standard. See
                                          also the discussion under
                                          proposed Sec.   1926.1402(e).
The Panel recommends soliciting public   In the discussion of proposed
 comment on whether the word ``days''     Sec.   1926.1416(d), OSHA
 as used in Sec.  Sec.   1926.1416(d)     requested public comment on
 and 1926.1416(e) should be clarified     this issue. As a clarification
 to mean calendar days or business days.  in response to the comments
                                          received, OSHA determines that
                                          the term ``days'' refers to
                                          calendar days.
The Panel recommends that OSHA           OSHA proposed a scope section,
 carefully discuss what is included and   Sec.   1926.1400, and
 excluded from the scope of this          discussed in detail the types
 standard.                                of machinery proposed to be
                                          included and excluded under
                                          this standard. OSHA received
                                          public comments on this
                                          proposed scope, analyzed the
                                          comments, and provided more
                                          discussion of the scope
                                          section in the final preamble.
The Panel recommends that OSHA gather    OSHA obtained and evaluated a
 data and analyze the effects of          study by the Construction
 already existing certification           Safety Association of Ontario
 requirements.                            showing that Ontario's
                                          certification requirement led
                                          to a substantial decrease in
                                          crane-related fatalities
                                          there. OSHA also examined both
                                          economic data of crane
                                          operator wage rates before and
                                          after the certification
                                          requirements, and fatality
                                          rates before and after the
                                          certification requirements.
                                         This data shows that costs
                                          disruptions were minimal, and
                                          that crane fatalities were
                                          significantly reduced as a
                                          result of the California
                                          certification standard.
The Panel recommends that OSHA consider  In the discussion of proposed
 excluding and soliciting comment on      Sec.   1926.1400(c), OSHA
 whether equipment used solely to         requested public comment on
 deliver materials to a construction      this issue. Based on the
 site by placing/stacking the materials   analysis of the comments
 on the ground should be explicitly       received, OSHA recognized an
 excluded from the proposed standard's    exclusion for delivery
 scope.                                   materials that should exclude
                                          most true deliveries, while
                                          avoiding creating a loophole
                                          to the standard that would
                                          allow materials-delivery firms
                                          to engage in extensive
                                          construction activities.
The Panel recommends that OSHA should    The information and opinions
 consider the information and range of    submitted by the SERs are part
 opinions that were presented by the      of the record for this
 SERs on the issue of operator            rulemaking, and OSHA
 qualification/certification when         considered them along with the
 analyzing the public comments on this    other public comments on the
 issue.                                   proposed rule.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on            recommendation in the
 expanding the levels of certification    discussion of proposed Sec.
 so as to allow an operator to be         1926.1427, and requested
 certified on a specific brand's model    public comment on the issue.
 of crane.                                Based on these comments, OSHA
                                          is not permitting
                                          certification on a particular
                                          crane model because the body
                                          of knowledge and skills
                                          required to be qualified/
                                          certified on a particular
                                          model of crane is not less
                                          than that needed to be
                                          qualified/certified for that
                                          model's type and capacity.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on            recommendation in the
 expanding the levels of operator         discussion of proposed Sec.
 qualification/certification to allow     1926.1427(j)(1), and requested
 an operator to be certified for a        public comment on this issue.
 specific, limited type of                Though several commenters were
 circumstance. Such a circumstance        in favor of this option, they
 would be defined by a set of             did not explain how these
 parameters that, taken together, would   lifts could objectively be
 describe an operation characterized by   distinguished from lifts
 simplicity and relatively low risk.      generally. Several other
 The Agency should consider and solicit   commenters indicated that the
 comment on whether such parameters       types of hazards present and
 could be identified in a way that        the knowledge needed to
 would result in a clear, easily          address those hazards,
 understood provision that could be       remained the same, regardless
 effectively enforced.                    of the capacity of the crane
                                          involved or the ``routine''
                                          nature of the lift (see
                                          discussion of Sec.
                                          1926.1427(a)). Based on these
                                          comments, the Agency has not
                                          promulgated such a provision.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on allowing   recommendation in the
 the written and practical tests          discussion of proposed Sec.
 described in Option (1) to be            1926.1427(b)(3), and requested
 administered by an accredited            public comment on the issue.
 educational institution.                 Several comments were
                                          submitted in favor of allowing
                                          this option; however, they did
                                          not establish that Department
                                          of Education (DOE)
                                          accreditation would guarantee
                                          the same efficacy in
                                          certification as accreditation
                                          as a personnel certification
                                          entity.
                                         The hearing testimony of Dr.
                                          Roy Swift explained the
                                          difference in the types of
                                          accreditation and the reasons
                                          why DOE accreditation would
                                          not adequately address
                                          operator certification issues.
                                          Therefore, OSHA has finalized
                                          this provision as it was
                                          proposed.
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on making it clear        Sec.   1926.1427(h)(1), OSHA
 that: (1) an employer is permitted to    requested public comment on
 equip its cranes with manuals re-        this issue. Based on the
 written in a way that would allow an     analysis of the comments
 operator with a low literacy level to    received, OSHA concludes that
 understand the material (such as         these manuals may not be re-
 substituting some text with pictures     written as recommended because
 and illustrations), and (2) making it    it could cause information
 clear that, when the cranes are          important for safety to be
 equipped with such re-written manuals    omitted.
 and materials, the ``manuals'' and
 ``materials'' referred to in these
 literacy provisions would be the re-
 written manuals.

[[Page 47919]]

 
The Panel recommends that OSHA explain   OSHA will issue a Small
 in a Small Business Compliance Guide     Business Compliance Guide
 that the certification/qualification     after the final rule is
 test does not need to be administered    issued, and will explain these
 in English but can be administered in    points in the Guide.
 a language that the candidate can
 read; and that while the employee
 would also need to have a sufficient
 level of literacy to read and
 understand the relevant information in
 the equipment manual, that requirement
 would be satisfied if the material is
 written in a language that the
 employee can read and understand.
------------------------------------------------------------------------

IV. Summary and Explanation of the Rule

Authority Citations

    For all subparts affected by this rulemaking, the authority 
citations have been amended to refer to the documentation that permits 
the promulgation of this rule.

Removal of Sec.  1926.31 and Addition of Sec.  1926.6--Incorporation by 
Reference

    Section 1926.31 of 29 CFR part 1926 provided information about 
locating documents incorporated by reference into all of the 
construction standards in that part. The Agency is removing this 
section and relocating the majority of its text to new 29 CFR 1926.6 
for several reasons. First, the change in the location of the section 
from Sec.  1926.31 to Sec.  1926.6 is for organizational purposes. New 
Sec.  1926.6 is within 29 CFR part 1926 subpart A (``General''), which 
is a more logical placement than Sec.  1926.31, which is within subpart 
C (``General Safety and Health Provisions''), and is the same section 
number (6) as the incorporation reference section for general industry 
standards: 29 CFR 1910.6. Second, OSHA is relocating the list of all 
documents incorporated by reference into 29 CFR part 1926 from its 
previous location in the ``Finding Aids'' of the CFR to Sec.  1926.6 
because the Federal Register is no longer publishing the list in the 
hardcopy versions of the CFR.\2\
---------------------------------------------------------------------------

    \2\ The list will still be available online at http://www.gpoaccess.gov/ecfr from the link to ``Incorporated by 
Reference.''
---------------------------------------------------------------------------

    The Agency is restructuring the text previously located in Sec.  
1926.31 to make Sec.  1926.6 parallel 29 CFR 1910.6, which lists the 
documents incorporated by reference into the general industry standards 
in 29 CFR part 1910. OSHA is not including the text formerly in 29 CFR 
1926.31(b), which could be read as implying that OSHA intended to 
incorporate into its standards, without following the procedures 
specified in 1 CFR part 51, revised versions of documents previously 
incorporated by reference.
    OSHA determined that the addition of Sec.  1926.6 and the removal 
of Sec.  1926.31 are not subject to the procedures for public notice 
and comment specified by sec 4 of the Administrative Procedures Act (5 
U.S.C. 553), sec. 6(b) of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 655(b)), and 29 CFR part 1911. New Sec.  1926.6, like 
the Sec.  1926.31 it replaces, is a rule of agency organization, 
procedure, or practice within the meaning of 5 U.S.C. 553(b)(3)(A), and 
the addition of Sec.  1926.6 constitutes a technical amendment that 
does not affect or change any existing rights or obligations. No member 
of the regulated community is likely to object to it. In conclusion, 
OSHA finds good cause that the opportunity for public comment is 
unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C. 
655(b), and 29 CFR 1911.5.
    In addition to relocating the list of documents from the Finding 
Aids list, OSHA is adding to the list of documents incorporated by 
reference those documents that are newly incorporated by reference in 
these final rules. The Federal Register approved these documents, which 
are listed as follows, for incorporation by reference as of November 8, 
2010: ANSI B30.5-1968; ASME B30.2-2005; ASME B-30.5-2004; ASME B30.7-
2001; ASME B30.14-2004; AWS D1.1/D1.1M:2002; ANSI/AWS D14.3-94; BS EN 
13000:2004; BS EN 14439:2006; ISO 11660-1:2008(E); ISO 11660-2:1994(E); 
ISO 11660-3:2008(E); PCSA Std. No. 2 (1968); SAE J185 (May 2003); SAE 
J987 (Jun. 2003); and SAE J1063 (Nov. 1993).

Subpart L--Scaffolds

Amendments to Sec.  1926.450
    The agency is removing the reference to former Sec.  1926.550(g) 
from this section because former Sec.  1926.550(g) has been 
redesignated and reserved by this rulemaking. Section 1926.450(a) 
explains that this section applies to all scaffolds used in work 
covered by subpart L. Prior to the promulgation of this final rule, it 
referenced former Sec.  1926.550(g) to explain that Sec.  1926.450 did 
not apply to crane- or derrick-suspended personnel platforms. Prior to 
the promulgation of this final rule, former Sec.  1926.550(g)(2) 
regulated crane- or derrick-suspended personnel platforms. Personnel 
platforms suspended by cranes or derricks are now regulated by Sec.  
1926.1431. This change does not affect the requirements of Sec.  
1926.450(a), does not change any existing rights or obligations, and no 
member of the regulated community is likely to object to it. OSHA, 
therefore, finds good cause that the opportunity for public comment is 
unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C. 
655(b), and 29 CFR 1911.5.

Subpart M--Fall Protection

Amendments to Sec.  1926.500
    Prior to the promulgation of this final rule, Sec.  
1926.500(a)(2)(ii) stated that subpart N set forth the workplaces, 
conditions, operations, and circumstances for which fall protection 
must be provided for employees working on ``certain cranes and 
derricks.'' Because subpart CC now provides comprehensive requirements 
for the provision of fall protection to workers on equipment covered by 
subpart CC, the Agency amended Sec.  1926.500(a)(2)(ii) by replacing 
the reference to subpart N with a reference to subpart CC and deleting 
the word ``certain.''
    Section 1926.500(a)(3) provided that the requirements for the 
installation, construction, and proper use of fall protection for 
construction workers were set forth in Sec.  1926.502 of subpart M, 
with certain exceptions. OSHA amended Sec.  1926.500(a)(3) to provide 
an exception for steps, handholds, ladders, and grabrails/guardrails/
railings required by subpart CC because the criteria for those forms of 
fall protection are provided in subpart CC. This exception, Sec.  
1926.500(a)(3)(v), also clarifies that Sec. Sec.  1926.502(a), (c)-(e), 
and (i) apply unless otherwise stated in subpart CC, and that no other 
paragraphs of Sec.  1926.502 apply to subpart CC. The exception reduces 
the

[[Page 47920]]

extent to which Sec.  1926.502 applies to work covered under subpart 
CC, and clarifies that subpart CC generally sets forth the criteria for 
the fall protection systems required under subpart CC.
    Section 1926.500(a)(4) stated that Sec.  1926.503 sets forth the 
requirements for training in the installation and use of fall 
protection systems, except in relation to steel erection activities. 
The Agency added the phrase ``and the use of equipment covered by 
subpart CC'' at the end of the exception to make clear that the fall 
protection training requirements in Sec.  1926.503 of subpart M do not 
apply to fall protection systems when used to comply with subpart CC. 
Training for fall protection systems required by subpart CC is governed 
by Sec.  1926.1423(k).

Subpart N--Helicopters, Hoists, Elevators, and Conveyors

    The heading of subpart N has been changed to ``Helicopters, Hoists, 
Elevators, and Conveyors.'' The revision of the heading reflects both 
the equipment that is now regulated by subpart N and the removal of 
sections regulating cranes and derricks from subpart N to subpart CC.

Amendments to Sec.  1926.550

    Cranes and derricks used in construction had been regulated by 
Sec.  1926.550. Subpart CC is now the applicable standard for 
regulating the use of cranes and derricks in construction. Section 
1926.550 has been redesignated as Sec.  1926.1501 and reserved.

Amendments to Sec.  1926.553

    OSHA revised Sec.  1926.553 to include a new provision, Sec.  
1926.553(c). This section explains that Sec.  1926.553 does not apply 
to base-mounted drum hoists used in conjunction with derricks. Instead, 
base-mounted drum hoists used with derricks must conform to the 
requirements of Sec.  1926.1436. This change was made in response to a 
request by a commenter who wanted to clarify that the requirements for 
base-mounted drum hoists used with derricks could be found in new 
subpart CC. (ID-0130.1.) No information was submitted to the record 
that indicates OSHA should not make the revision to Sec.  1926.553.
    OSHA determined that the revision addresses the commenter's 
concerns regarding the applicability of Sec.  1926.553 and enhances the 
clarity of the final rule. This revision ensures that base-mounted drum 
hoists used in the design of derricks meet the updated requirements of 
ASME B30.7-2001, which is referenced in Sec.  1926.1436. The older ANSI 
B30.7-1968, which is referenced in Sec.  1926.553, continues to apply 
to all base-mounted drum hoists not used in conjunction with derricks.

Subpart O--Motorized Vehicles, Mechanical Equipment, and Marine 
Operations

Amendments to Sec.  1926.600
    This section regulates motor vehicles, mechanized equipment, and 
marine operations. Prior to the promulgation of this final rule, Sec.  
1926.600(a)(6) referenced Sec.  1926.550(a)(15), which has been 
redesignated and reserved. Because the Agency inadvertently did not 
propose any revision of Sec.  1926.600(a)(6), OSHA is preserving the 
same requirements imposed by former Sec.  1926.550(a)(15) pursuant to 
this section by incorporating language substantively identical to that 
of former Sec.  1926.550(a)(15) into revised Sec.  1926.600(a)(6). The 
revision of Sec.  1926.600(a)(6) does not alter any of the substantive 
requirements of that section, does not change any existing rights or 
obligations, and no member of the regulated community is likely to 
object to it. OSHA, therefore, finds good cause that the opportunity 
for public comment is unnecessary within the meaning of 5 U.S.C. 
533(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

Subpart R--Steel Erection

Amendments to Sec.  1926.753 Hoisting and Rigging
    With the exception of former Sec.  1926.550(g)(2), Sec.  
1926.753(a) applied all of the provisions of former Sec.  1926.550 to 
hoisting and rigging during steel erection. Similarly, Sec.  
1926.753(c)(4) allowed cranes and derricks to hoist workers on a 
personnel platform in accordance with all of former Sec.  1926.550 
except former Sec.  1926.550(g)(2). Because former Sec.  1926.550 has 
been redesignated and reserved, Sec.  1926.753 has been revised to 
avoid changing the requirements of that section. Section 1926.753(a) 
applies all of subpart CC except Sec.  1926.1431(a) to hoisting and 
rigging, and Sec.  1926.753(c)(4) applies all of Sec.  1926.1431 except 
Sec.  1926.1431(a). These two paragraphs of Sec.  1926.753 reference 
Sec.  1926.1431(a) because the requirement formerly found in Sec.  
1926.550(g)(2) is now contained in Sec.  1926.1431(a) of subpart CC.

Subpart S--Underground Construction, Caissons, Cofferdams, and 
Compressed Air

Amendments to Sec.  1926.800
    This section regulates hoisting unique to underground construction. 
Prior to the promulgation of this final rule, Sec.  1926.800(t) of this 
section referenced former Sec.  1926.550(g), which has been 
redesignated Sec.  1926.1501(g). The Agency intended that the reference 
to former Sec.  1926.550(g) be replaced by a reference to new subpart 
CC, but inadvertently omitted that action from the Federal Register 
notice for the proposed rule. To avoid any potential notice issues that 
might arise if the Agency substituted a reference to subpart CC in 
place of the prior reference to former Sec.  1926.550(g), the Agency 
has instead elected to redesignate Sec.  1926.550 as Sec.  1926.1501 in 
new subpart DD, which has been created for this purpose. The Agency 
intends to revisit this issue in the near future.
    References to former Sec.  1926.550(g) have been replaced with 
references to Sec.  1926.1501(g). This redesignation of Sec.  1926.550 
and the replacement of references do not alter any of the substantive 
requirements of Sec.  1926.800(t), do not change any existing rights or 
obligations, and no member of the regulated community is likely to 
object to it. OSHA, therefore, finds good cause that the opportunity 
for public comment is unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

Subpart T--Demolition

Amendments to Sec. Sec.  1926.856 and 1926.858
    These sections regulate the use of cranes and in demolition work. 
Prior to the promulgation of this final rule, Sec. Sec.  1926.856(c) 
and 1926.858(b) referenced subpart N, part of which (former Sec.  
1926.550) has been redesignated as Sec.  1926.1501. The Agency intended 
for the reference to subpart N in Sec.  1926.856(c) to be supplemented 
with a reference to new subpart CC, and intended that the reference to 
subpart N in Sec.  1926.858(b) be replaced by a reference to new 
subpart CC, but inadvertently omitted that action from the Federal 
Register notice for the proposed rule. To avoid any potential notice 
issues that might arise if the Agency substituted a reference to new 
subpart CC in place of the prior reference to subpart N, the Agency has 
instead elected to redesignate Sec.  1926.550 as Sec.  1926.1501 in

[[Page 47921]]

a new subpart DD which has been created for this purpose. The Agency 
intends to revisit this issue in the near future.
    References to subpart N in Sec. Sec.  1926.856(c) and 1926.858(b) 
have been supplemented or replaced with references to Sec.  1926.1501. 
This redesignation of Sec.  1926.550 and the replacement of references 
do not alter any of the substantive requirements of Sec. Sec.  
1926.856(c) and 1926.858(b), do not change any existing rights or 
obligations, and no member of the regulated community is likely to 
object to it. OSHA, therefore, finds good cause that the opportunity 
for public comment is unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

Subpart V--Power Transmission and Distribution

Amendment to Sec.  1926.952
    The subpart V provisions have been changed to reflect the 
terminology used in the scope section of this standard and its new 
subpart designation. Accordingly, Sec.  1926.952(c), which referenced 
subpart N with respect to derrick trucks and cranes, has been revised 
to reference subpart CC. Prior to this final rule, Sec. Sec.  
1926.952(c)(1)(i) and (ii) addressed minimum clearance distances. 
Because Sec. Sec.  1926.1407 through 1926.1411 address minimum 
clearance distances when clearance distances in Table V-1 would apply 
to derrick trucks and cranes used in subpart V work, Sec. Sec.  
1926.952(c)(1)(i) and (ii) have been deleted.
    In conformance with language in Sec.  1926.1400(c)(4), the agency 
is adding new Sec.  1926.952(c)(2) into subpart V. It states that 
digger derricks used for augering holes for electrical poles, placing 
and removing the poles, or handling associated materials to be 
installed or removed from the poles must comply with 29 CFR 1910.269. 
This provision ensures comparable safety requirements exist for digger 
derricks performing electrical pole work.
    What was Sec.  1926.952(c)(2) prior to the promulgation of this 
final rule has been redesignated Sec.  1926.952(c)(3). Former 
Sec. Sec.  1926.952(c)(2)(i) and (ii) listed precautions for operating 
mechanical equipment closer to energized power lines than allowed by 
Sec.  1926.950(c). The precautions (using an insulated barrier and 
grounding the equipment) that were specified in Sec. Sec.  
1926.952(c)(2)(i) and (ii) are now required under Sec.  1926.1410(d) 
when equipment used in subpart V work is operated closer than the Table 
V-1 clearances. Since these precautions are now required by Sec.  
1926.1410(d), OSHA is deleting them from subpart V. As a result of that 
deletion, former Sec. Sec.  1926.952(c)(2)(iii) and (iv) are 
redesignated Sec. Sec.  1926.952(c)(3)(i) and (ii).
    OSHA is also adding a note after new Sec.  1926.952(c)(3) to cross-
reference the safe harbor in Sec.  1926.1400(g), which provides that 
employers performing subpart V work have the option of complying with 
29 CFR 1910.269(p) in lieu of the requirements in Sec. Sec.  1926.1407 
through 1926.1411 of new subpart CC. For additional information, see 
the discussion of Sec.  1926.1400(g) in the preamble to this final 
rule.

Subpart X--Stairways and Ladders

Amendment to Sec.  1926.1050 Scope, Application, and Definitions 
Applicable to This Subpart
    This section applies the provisions of subpart X to all stairways 
and ladders used in construction. However, C-DAC concluded that the 
OSHA requirements of subpart X did not account for the characteristics 
of the equipment that would be regulated by subpart CC. OSHA agreed 
with the committee and, accordingly, is amending Sec.  1926.1050(a) to 
explain that subpart X does not apply to integral components of 
equipment covered by subpart CC. It further explains that only subpart 
CC establishes the circumstances when ladders and stairways must be 
provided on equipment covered by subpart CC. This revision is also 
discussed in the preamble section for Sec.  1926.1423(c).

Appendix A to Part 1926 Designations for General Industry Standards 
Incorporated Into Body of Construction Standards

    OSHA modified Appendix A to part 1926. Before the promulgation of 
this final rule, Appendix A referred to former Sec.  1926.550(a)(19), 
which has been redesignated and reserved. Therefore, the reference to 
this section and the reference to the general industry standard it 
incorporated, Sec.  1910.184(c)(9), have been deleted. This deletion is 
a technical and conforming change, does not change any existing rights 
or obligations, and no member of the regulated community is likely to 
object to it. OSHA, therefore, finds good cause that the opportunity 
for public comment is unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5

29 CFR Part 1926 Subpart CC

    The Agency is promulgating Subpart CC for regulating the use of 
cranes and derricks in construction. Cranes and derricks used in 
construction had been regulated by Sec.  1926.550. Accordingly, Sec.  
1926.550 has been redesignated and reserved.
Section 1926.1400 Scope
    As explained in the proposed rule, C-DAC decided to describe the 
scope of the rule with both a functional description (``power-operated 
equipment used in construction that can hoist, lower, and horizontally 
move a suspended load'') together with a non-exclusive list of the 
types of existing equipment that are covered.\3\ By defining the scope 
in this way, C-DAC tried to provide the clearest possible notice as to 
the equipment that is covered by the standard while also including new 
and/or other existing equipment that is similar to the listed examples.
---------------------------------------------------------------------------

    \3\ The scope of the standard with respect to some of the listed 
equipment is further delineated in the section of the standard that 
specifically relates to that equipment (for example, Sec.  
1926.1436, Derricks and Sec.  1926.1438, Overhead & Gantry Cranes).
---------------------------------------------------------------------------

    One commenter objected to this approach, believing that the 
approach does not provide the regulated community with clear notice of 
the bounds of the regulated equipment. (ID-0286.1.) This commenter 
recommended that OSHA avoid this perceived notice problem by limiting 
the scope of the standard to equipment described in ASME B30 standards. 
It recommended adding the words ``and is described in American Society 
of Mechanical Engineers ASME B30 standards'' at the end of the first 
sentence of proposed paragraph (a) of this section.
    OSHA disagrees with this commenter that paragraph (a), when read 
together with the list of exclusions in paragraph (c) of this section, 
does not provide clear notice as to what equipment is covered and what 
is excluded. As explained earlier, paragraph (a) is designed to make 
clear the types of existing equipment that are covered while also 
covering newly-developed equipment that is similar to the listed 
examples. The approach suggested by the commenter would limit any 
coverage of newly developed equipment to any such equipment that might 
be included in an unspecified future ASME B30 standard, without the 
opportunity for OSHA to assess that equipment to determine whether its 
exemption from subpart CC would be appropriate. OSHA concludes that 
this approach may unduly limit the scope of subpart CC. In addition, it 
would contradict the intent of C-DAC with respect to several specific 
types of equipment. For example, at least three

[[Page 47922]]

types of covered equipment that meet the functional definition in 
paragraph (a), dedicated pile drivers,\4\ digger derricks (see the 
discussion of digger derricks below under paragraph (c)(4)), and 
straddle cranes are not covered in ASME B30 standards, while the ASME 
B30 standards include equipment (e.g., stacker cranes) not covered 
under this standard. Thus, adopting the commenter's suggestion would 
exclude certain equipment that C-DAC intended to include and would 
introduce ambiguity over whether certain types of equipment that C-DAC 
intended to exclude are included. Where the commenter has not made a 
compelling argument as to why the standard would be improved by 
adopting the ASME standards, OSHA defers to C-DAC's expertise on this 
issue.
---------------------------------------------------------------------------

    \4\ The proposed rule explained in detail why C-DAC decided to 
include dedicated pile drivers under this rule even though they are 
not traditionally considered to be cranes or derricks (see 73 FR 
59727, Oct. 9, 2008).
---------------------------------------------------------------------------

    A commenter objected to defining the scope of the standard in terms 
of types of equipment, saying that it represented an unexplained 
departure from OSHA's practice of describing the scope of construction 
standards in terms of conditions and practices. (ID-0203.1.) Contrary 
to this commenter's belief, OSHA has often defined construction 
standards in terms of equipment. See, e.g., subpart L, ``Scaffolds.'' 
Indeed, this rule for cranes and derricks replaces a previous rule for 
cranes and derricks at former Sec.  1926.550, the scope of which was 
also defined in terms of types of equipment.
    Several commenters asked OSHA to clarify the meaning of 
``construction'' as it is used in paragraph (a) of this section. (ID-
0147.1; -0165.1; -0214.1; -0235.1.) Some of these comments asked OSHA 
to clarify whether the use of lifting equipment to deliver materials to 
a construction site is covered under the standard. That issue is 
addressed below and is clarified in a new Sec.  1926.1400(c)(17). One 
commenter noted that OSHA draws a distinction between construction work 
and routine maintenance and asked for examples of activities that fall 
under ``construction'' and under ``maintenance.'' (ID-0147.1.) OSHA 
notes that considerable guidance on this distinction is already 
available. Several interpretive documents that discuss the distinction 
between construction and maintenance in the context of specific 
inquiries and issues are available on OSHA's Web site. See, e.g., 
November 18, 2003, Letter of Interpretation to Raymond V. Knobbs, 
Minnotte Contracting Corporation, available at http://www.osha.gov; 
February 1, 1999, Letter of Interpretation to Randall A. Tindell, 
Williams Power Company, available at http://www.osha.gov; August 11, 
1994, Memorandum from James W. Stanley, Deputy Assistant Secretary, 
available at http://www.osha.gov.
    Two commenters objected to the inclusion of overhead and gantry 
cranes on the basis that such cranes are rarely used in construction 
and that a number of the most significant provisions of the standard, 
such as those covering ground conditions and proximity to power lines, 
do not apply to overhead and gantry cranes. (ID-0122.0; -0191.1.) OSHA 
agrees that overhead and gantry cranes that are installed in general 
industry workplaces and used only incidentally for construction work in 
such facilities should be covered under the general industry standard. 
This final standard accommodates this objective by providing, in Sec.  
1926.1438, that overhead and gantry cranes that are permanently 
installed in a facility are covered by the general industry standard 
even though used in construction work, such as renovating the facility 
in which they are installed. However, under Sec.  1926.1438, overhead 
and gantry cranes that are not permanently installed in a facility, 
such as a launching gantry used in the construction of a bridge, are 
covered by this standard. Such cranes are intended to be used for 
construction work, present many of the same hazards as other equipment 
used in construction work, and are properly regulated under this 
construction standard.
    No other comments were received objecting to the inclusion of items 
on the non-exclusive list in paragraph (a).
    Several commenters asked that construction work performed in 
certain industries be excluded from the standard. The industries making 
such requests include railroads (ID-0170.1; -0176.1); shipbuilders (ID-
0195.1); electric utilities (ID-0203.1; -0215.1); and companies that 
install signs in buildings under construction (ID-0189.1). For all of 
these industries, the commenters identify what they believe are 
specific problems in applying the standard to their activities and 
suggest that the most direct way of solving those problems is to 
exclude them from the standard entirely. For the following reasons, 
OSHA declines to exempt construction work performed by employers in 
these industries from the scope of this standard.
    Two commenters ask that work along railroad rights-of-way be 
excluded from the standard. (ID-0170.1; -0176.1.) They claim that a 
number of provisions in the proposed rule are not suitable for railroad 
operations, including: (1) The operator qualification/certification 
requirement because no current certifying organization tests for the 
type of cranes used by railroads; (2) the requirements for ground 
conditions, work area control, and level positioning; and (3) the 
requirement for a dedicated channel if electronic signals are used. 
They also say that most such work is maintenance rather than 
construction. OSHA concludes there is merit in some of the specific 
concerns raised by these commenters and addresses those concerns in the 
sections of the standard pertaining to them. However, OSHA sees no 
basis for excluding work along railroad rights-of-way from this rule. 
Some such work, such as the replacement or renovation of automotive 
bridges over railroads, is plainly ``construction work'' that is 
appropriately regulated under this construction standard.
    Several commenters raised concerns with the effect that this 
rulemaking would have on electric utilities, including: (1) The limited 
exclusion for digger derricks used in the industry; (2) the proposed 
requirement that employers performing subpart V work show that it is 
infeasible to maintain the normal clearance from energized power lines 
before they can use the less restrictive clearances in subpart V; (3) 
application of the operator qualification/certification requirement to 
the industry; and (4) the duties imposed on utility employers when 
other employers operate equipment near power lines owned or operated by 
the utility employers. (ID-0201.1; -0203.1; -0215.1.) The commenters 
suggest that all of these issues can be resolved by excluding utilities 
entirely from the standard.
    OSHA does not agree that this limited group of concerns justifies 
completely excluding utilities from this standard. The use of cranes in 
utility construction work has always been subject to the construction 
crane standards (see Sec.  1926.952(c)), and these commenters have not 
advanced a persuasive argument to discontinue this practice. The 
specific issues addressed by these commenters with respect to the 
application of this rule to electric utilities will be addressed below 
in sections dealing with those issues.
    A commenter that operates shipyards in three states asks that 
shipyards be excluded from the standard. (ID-0195.1.) This commenter 
states that it currently has an excellent crane safety program that is 
based on general industry and shipyard standards, and asserts that its 
program would be adversely affected by the need to

[[Page 47923]]

administer a separate program for the ``small percentage of lifts'' 
that would fall under the construction standard. The commenter notes 
that the proposed standard has partially addressed its concern by 
providing that overhead and gantry cranes that are permanently 
installed in a facility are subject to the general industry standard 
for such cranes rather than this proposed construction standard. It 
states that shipyards ``could potentially'' use other types of cranes 
to support construction activities at its sites.
    OSHA finds that the proposed rule appropriately addressed this 
issue. Overhead and gantry cranes are one of the most common type of 
crane used in shipyards and, as the commenter notes, Sec.  1926.1438 
allows employers with permanently installed overhead and gantry cranes 
to continue to follow the general industry standard. Moreover, 29 CFR 
1915.2(a), provides that the shipyard standards ``apply to all ship 
repairing, shipbuilding and shipbreaking employments and related 
employments.'' Therefore, some work that would otherwise be considered 
construction work and subject to subpart CC is in fact included in such 
``related employments.'' Therefore, subpart CC will likely affect 
shipyards only to a limited extent.
    While it is understandable that the commenter may find it more 
convenient to administer a single program addressing only the general 
industry and shipyard standards, it has not substantiated its claim 
that the integration of this standard into that program or 
implementation of an additional program addressing this standard would 
not improve safety. The Agency notes that the commenter's construction 
operations have historically been subject to part 1926 subpart N.
    A representative of employers who install signs in buildings asks 
that sign erection be excluded from the standard. (ID-0189.1.) This 
commenter says that sign erection is low-risk work because most signs 
are relatively light (rarely exceeding 2,000 pounds) and the equipment 
used is ``light duty'' equipment with relatively simple operating 
controls. For heavier signs, it states that sign installers typically 
hire crane companies that employ certified and professional crane 
operators. The commenter notes that proposed Sec.  1926.1441 would 
exempt equipment with a rated capacity of 2,000 pounds or less from the 
standard but says this would not provide the industry with relief 
because sign installers must use higher capacity cranes due to the 
reach needed to install signs. Although it asks for complete exclusion, 
the commenter makes clear that its objection pertains to the 
requirement for operator qualification/certification in Sec.  
1926.1427. It asks for less stringent requirements for its industry, 
such as employer self-certification and a broader range of training and 
certifying entities, such as accredited educational institutions.
    OSHA declines to exempt sign installation from the standard. Using 
cranes for sign installation on construction sites involves the same 
hazards as when used for other purposes. Examples include installation 
of signs near power lines; operation of the crane at an extended radius 
due to the need for long reach, which can heighten the risk of tip-
over; the risk to the sign installers of losing the load; failures due 
to poor equipment condition or miscommunication between the operator 
and signal person. Finally, the commenter's objections to the operator 
qualification/certification requirements for its industry parallels 
objections raised by others and will be addressed in the discussion of 
Sec.  1926.1427.
    A commenter representing the propane gas industry says that 
industry does not use cranes in ``construction work'' and asks OSHA to 
``affirm'' this in the final rule. (ID-0198.1.) The commenter asserts 
that the industry installs propane storage tanks ranging from 120 to 
5,000 gallons capacity using truck-mounted cranes to lift and place the 
tanks onto supports.
    From this limited description of the industry's use of cranes, it 
is likely that at least some of the industry's work is construction 
work. If the site at which the tank is installed is a building under 
construction, installation of a propane tank would qualify as 
construction work, just as the installation of an air conditioning unit 
on that site would be construction work. At the other extreme, 
replacing a small tank at an existing site with a new tank of the same 
capacity would be considered general industry work. In sum, based on 
the information provided, it appears that some of the industry's work 
is construction work and some is general industry. OSHA therefore 
cannot ``affirm'' that the propane industry is excluded from the 
standard.
    For the foregoing reasons, OSHA is promulgating paragraph (a) as 
proposed except for a grammatical correction to clarify that the 
standard applies to only equipment used for construction activities. 
Employers who use covered equipment for both general industry work and 
construction work would not be required to comply with subpart CC when 
the equipment is used for general industry work and not construction 
work.
Paragraph (b)
    Proposed paragraph (b) of this section provided that equipment 
covered by paragraph (a) remains within the scope of the standard when 
used with attachments that are either ``crane-attached or suspended.'' 
As defined in Sec.  1926.1401, an ``attachment'' is ``any device that 
expands the range of tasks that can be done by the equipment. Examples 
include, but are not limited to: an auger, drill, magnet, pile-driver, 
and boom-attached personnel platform.'' C-DAC decided to include such 
attachments, even though they might not use the crane's hoisting 
mechanism, to avoid the confusion that would result if the equipment 
moved in and out of coverage of the rule as attachments are put on and 
taken off. Furthermore, most of the operational characteristics and 
hazards of the equipment remain the same while the attachment is in 
use. No comments were received regarding this paragraph, and it is 
being promulgated as proposed.
Paragraph (c)
    Proposed paragraph (c) of this section listed machinery that would 
be specifically excluded from the scope of the rule. As discussed 
below, several of these proposed exclusions generated public comment.
    Proposed paragraph (c)(1) provided that machinery otherwise 
included under Sec.  1926.1400(a) but ``converted or adapted for non-
hoisting/lifting use'' is excluded. Power shovels, excavators and 
concrete pumps are listed as nonexclusive examples of such 
``conversions/adaptations'' or modified machinery.
    A commenter suggested that OSHA consider including concrete pumping 
trucks because they are configured as cranes and suspend loads over a 
distance. (ID-0178.1.) C-DAC considered this issue but decided not to 
include them. While a concrete pumping truck does pose some of the same 
hazards as a crane, its load (i.e., the concrete being pumped) is 
carried in a piping system affixed to its boom, rather than being 
suspended. Consequently, it does not fit the functional definition in 
paragraph (a) of this section. This commenter noted that, like a crane, 
a concrete pumping truck may have outriggers or be located near a power 
line. However, this standard is designed to address the hazards that 
are specific to cranes and derricks rather than to address stability 
and power line

[[Page 47924]]

clearance issues for all types of construction equipment.
    A commenter asked that a type of equipment for which it holds 
patent rights, the ``Linemaster Robotic Arm,'' be excluded. (ID-
0209.1.) According to the commenter, this equipment is a hydraulically 
powered, boom mounted, rotating and telescopic robotic arm that is used 
to separate live power lines from poles. The commenter states that 
crews using the robotic arm use a crane only as a non-hoisting support 
machine, and that the crane cannot be used to lift or haul materials 
because its winch line is removed. The commenter believes that such 
equipment should be excluded under paragraph (c)(1) because the crane 
has been converted to a non-hoisting use.
    OSHA does not agree with this commenter. As discussed above, under 
paragraph (b) of this section, equipment otherwise covered by the 
standard remains covered when used with attachments that are either 
``crane-attached or suspended.'' The description of the robotic arm 
supplied by the commenter suggests that the robotic arm fits within 
paragraph (b). As explained above, paragraph (b) is designed to avoid 
having equipment move in and out of coverage as attachments are added 
and removed. Excluding a crane when a robotic arm is attached would be 
inconsistent with that objective. Moreover, as the preamble to the 
proposed rule stated, even when a crane is being used for a non-
hoisting purpose, its hoisting capability is still present, and most of 
its operational characteristics and hazards remain the same while the 
attachment is in use.
    For those reasons, and those explained in the preamble to the 
proposed rule, paragraph (c)(1) is promulgated as proposed (see 73 FR 
59729, Oct. 9, 2008).
    Proposed paragraph (c)(2) excluded power shovels, excavators, wheel 
loaders, backhoes, loader backhoes, and track loaders. It provided that 
such machinery is also excluded when used with chains, slings or other 
rigging to lift suspended loads. These types of material handling 
machinery were excluded even though, when used to lift suspended loads, 
they present hazards similar to those associated with equipment covered 
by the proposed rule. However, C-DAC proposed to exclude them because 
it determined that the differences between the equipment included in 
the standard and the material handling machinery that is excluded are 
such that one standard could not be readily designed to suit both. OSHA 
agrees. It should be noted that another construction standard, Sec.  
1926.602 in subpart O--Motor Vehicles, Mechanized Equipment, and Marine 
Operations, covers the material handling equipment that is excluded 
from this standard. No comments were received concerning paragraph 
(c)(2), and it is promulgated as proposed.
    Proposed paragraph (c)(3) excluded automotive wreckers and tow 
trucks ``when used to clear wrecks and haul vehicles'' (see explanation 
at 73 FR 59729, Oct. 9, 2008). No comments were submitted on this 
paragraph, and it is promulgated as proposed for the reasons provided 
in the preamble to the proposed rule.
    Proposed paragraph (c)(4) would have excluded service trucks with 
mobile lifting devices that are designed specifically for use in the 
power line and electric industries when those trucks are used either to 
auger holes to set power and utility poles or to handle associated 
materials that will be installed or removed from utility poles. A 
digger derrick, or radial boom derrick, is an example of such a truck.
    This machinery is currently covered by subpart N, with the 
exception of certain provisions, by virtue of Sec.  1926.952(c). We 
note that ASME B30.5-2004 excludes digger derricks and ``cranes 
manufactured specifically for, or when used for, energized electrical 
line service'' from the scope of that industry consensus standard.
    Digger derricks are a specialized type of equipment designed to 
install utility poles. They are equipped with augers to drill holes for 
the poles and with a hydraulic boom to lift the poles and set them in 
the holes. The booms can also be used to lift objects other than poles, 
and electric utilities use them both to place objects on utility poles 
and for general lifting purposes at worksites such as utility 
substations. (ID-0139.1.) Digger derricks have rated capacities as high 
as 36,000 pounds. (ID-0369.1.) When electric utilities are finished 
with them, they sell them to other construction companies. (ID-0341.)
    Since its promulgation in 1972, subpart V (``Power Transmission and 
Distribution'') has excluded digger derricks from certain requirements 
of subpart N. C-DAC considered whether to continue special treatment of 
digger derricks used in subpart V work and proposed to exclude digger 
derricks used in Subpart V work from the standard to the extent they 
are used to auger holes and to handle associated materials to be 
installed on or removed from utility poles. C-DAC determined that such 
an exclusion was appropriate because of the ``narrow, specialized range 
of activities and circumstances in which such trucks are used'' (73 FR 
59729, Oct. 9, 2008).
    Most of the commenters on this issue favored an exclusion for 
digger derricks but asked that the proposed exclusion be broadened to 
all uses of digger derricks by electric utilities. (ID-0129.1; -0139.1; 
-0144.1; -0162.1; -0200.1; -0215.1; -0217.1; -0226.) Several noted that 
the proposed exclusion would lead to the incongruous result in that 
digger derricks would move in and out of coverage depending on the task 
they are performing. Noting that most of the exclusions developed by C-
DAC applied to types of equipment rather than specific tasks, a 
commenter stated that C-DAC contradicts itself by proposing a task-
related exclusion instead of an equipment-related exclusion. (ID-
0200.1.) One commenter recommended that the proposed exclusion be 
extended to the setting and removal of poles. (ID-0209.1.) Another 
opposed any exclusion for digger derricks because digger derricks work 
in proximity to power lines. (ID-0092.20.)
    Some commenters suggested that any exclusion for digger derricks 
should also apply to other industries. One stated that a similar 
exclusion should apply to digger derricks used to auger holes and set 
poles in the telecommunication industry. (ID-0234.) Another contended 
that it would be inconsistent to exclude a digger derrick used to set 
an electric utility pole but not a telecommunications pole. (ID-
0129.1.) The same commenter also said that digger derricks are used to 
set poles for outdoor lighting along roadways and indicated that the 
exclusion should apply to such use. A commenter in the railroad 
industry said that the exclusion should apply to digger derricks used 
in the railroad industry to install utility and communication signal 
poles. (ID-0176.1.)
    Certain commenters criticized the description of the equipment in 
proposed paragraph (c)(4), which described the equipment subject to the 
exclusion as ``service trucks with mobile-lifting devices designed 
specifically for use in the power line and electric service industries, 
such as digger derricks (radial boom derricks).'' One objected to the 
limitation that the equipment be ``designed specifically for use in the 
power line and electric service industries'' on the basis that 
employers should not be required to show the purpose for which their 
equipment is designed. (ID-0215.1.) Another, a witness at the public 
hearing, stated that the term ``service truck'' used in the proposal 
has no commonly

[[Page 47925]]

understood meaning in the industry. (ID-0342.)
    OSHA agrees with these commenters that the description of the 
excluded machinery should be clarified and is using the term ``digger 
derrick'' exclusively to describe the equipment that is subject to the 
exclusion. The term ``digger derrick'' is well understood in the 
industry and is the only term used to describe the equipment by the 
ANSI standard applicable to such equipment, ANSI/ASSE A10.31-2006, 
Safety Requirements, Definitions, and Specifications for Digger 
Derricks. Accordingly, OSHA concludes that using ``digger derrick'' 
without reference to the purpose for which the equipment is designed or 
synonyms such as ``service truck'' is the clearest way to describe the 
exclusion. The Agency notes that despite its name, a ``digger derrick'' 
is not a ``derrick'' as defined in Sec.  1926.1436(a). Thus, the 
additional requirements applicable to derricks in Sec.  1926.1436 do 
not apply to digger derricks, and the exception from operator 
certification requirements in Sec.  1926.1427(c) for derrick operators 
does not apply to operators of digger derricks included within the 
scope of Sec.  1926 subpart CC.
    OSHA also agrees with the majority of commenters who argued that 
the exclusion should be broadened so that it encompasses all digger 
derrick work on electric utility poles. Digger derricks are 
specifically intended to be used for augering holes for utility poles, 
placing the poles in the holes (and removing them when necessary), and 
handling materials being installed on or removed from the poles. 
Excluding all of these uses will minimize the incongruous result of 
having digger derricks move in and out of coverage while they are being 
used for their intended purposes at the same worksites. OSHA also 
agrees with those commenters who argued that the exclusion should 
encompass similar work on poles carrying telecommunication lines, since 
the rationale described above is equally applicable.
    In addition, OSHA has drafted the exclusion in the final rule so 
that it is based on the type of work done with the digger derrick, 
rather than the industry classification of the employer performing the 
work. For example, digger derricks used by a railroad to install poles 
for telecommunication lines would be excluded.
    When digger derricks are used in the operation and maintenance of 
existing electric power lines, they are subject to the general industry 
standard at Sec.  1910.269. OSHA is currently conducting another 
rulemaking designed to avoid inconsistencies between subpart V of the 
construction standards, which applies to power line construction work, 
and Sec.  1910.269 (see 70 FR 34821, Jun. 15, 2005). Pending the 
completion of that rulemaking, digger derricks excluded from this rule 
will be subject to the same requirements regardless of whether they are 
used for work subject to subpart V or work subject to Sec.  1910.269. 
To ensure that digger derricks excluded from this rule (Subpart CC) are 
subject to appropriate safety requirements, OSHA is including language 
in Sec.  1926.1400(c)(4), and is amending subpart V, to explicitly 
state that the activities from which digger derricks are excluded from 
subpart CC are subject to applicable provisions of Sec.  1910.269. 
Those rules include Sec.  1910.269(p) (mechanical equipment), Sec.  
1910.269(a)(2) (training), and Sec.  1910.269(l) (work on or near 
exposed energized parts).
    Similarly, digger derricks used in general industry 
telecommunication work are subject to the general industry standard at 
Sec.  1910.268. Section 1910.268 includes requirements for working near 
energized power lines and requirements pertaining to the operation of 
the equipment, such as the need to comply with manufacturer load 
ratings. The requirements applicable to digger derricks under the 
general industry telecommunications standard (Sec.  1910.268) are 
comparable to those in the general industry electric utility standard 
(Sec.  1910.269). Accordingly, to ensure that comparable safety 
requirements apply to digger derricks during pole work, OSHA is 
including language in final Sec.  1926.1400(c)(4) stating that Sec.  
1910.268 applies when digger derricks are used in construction work for 
telecommunication service. Section 1910.268 includes requirements for 
working near energized power lines and requirements pertaining to the 
operation of the equipment, such as the need to comply with 
manufacturer load ratings.
    In addition, Sec.  1926.952(c)(2) is also being amended to conform 
subpart V to Sec.  1926.1400(c)(4).
    While OSHA agrees that the limited exclusion recommended by C-DAC 
should be broadened in this manner, the Agency does not agree that the 
exclusion should encompass all uses of digger derricks in electric 
utility construction work, as some commenters suggested. Digger 
derricks are specifically designed to be used to install and remove 
utility poles. However, their lifting ability is not limited to utility 
poles, and the record shows that they are used by electric utilities 
for general lifting work, such as setting transformers in substations.
    Their use with utility poles falls within the ``narrow, specialized 
range of activities and circumstances'' that led C-DAC to develop the 
proposed exclusion (see 73 FR 59729, Oct. 9, 2008). But when digger 
derricks are used for general lifting purposes, the hazards are the 
same as when other equipment of similar capacity is used for general 
lifting, and the exclusion developed by C-DAC is not appropriate for 
such work. OSHA determines that an exclusion limited to augering holes, 
setting and removing poles from those holes, and handling associated 
material to be installed on or removed from the poles will provide 
employees with an appropriate level of protection while accommodating 
the unique uses for which digger derricks are designed. It will also 
minimize the practical problems associated with equipment moving in and 
out of coverage at the same worksite.
    OSHA recognizes that excluding digger derricks only when they are 
used for pole work would mean that the same machinery might be excluded 
for some work but covered when it is used at different worksites. 
However, the general lifting work done at those other worksites would 
be subject to this standard if done by other types of lifting 
equipment, and the same standards should apply as apply to that 
equipment. OSHA concludes that excluding digger derricks only for the 
work for which they are primarily designed and used is a reasonable 
approach. It accommodates the considerations that led C-DAC to propose 
a partial exclusion while treating digger derricks used for other 
construction work the same as other, similar equipment used for such 
work.
    OSHA also declines to extend the exclusion broadly to installation 
of all poles for outdoor lighting along roadways, as one commenter 
suggested. OSHA notes that some poles that carry electric and 
telecommunication lines also have street lights installed on them, and 
use of digger derricks to install such lights would qualify for the 
exclusion to the extent that the employer complies with either 
Sec. Sec.  1910.268 or 1910.269. It is unclear whether, and to what 
extent, digger derricks are used to install other types of poles used 
for lighting alone which do not carry electric power lines or 
telecommunication lines. Many such poles are installed on aboveground 
concrete bases rather than set in holes in the ground, and it is 
unclear whether and to what extent digger derricks are used to install 
them. In this regard, OSHA notes that the commenter asking

[[Page 47926]]

for the exclusion to be extended to light poles represents equipment 
manufacturers, and no company that installs lighting poles suggested 
such an exclusion. To the extent that some light pole installation 
would not be covered by either Sec. Sec.  1910.268 or 1910.269, 
extending the exclusion to such work would leave the excluded work 
without coverage by an appropriate general industry standard and leave 
workers without the protection they receive when performing electric 
utility or telecommunication work.
    OSHA disagrees with the comment that digger derricks should not be 
excluded at all because of the danger of power line contact. As 
discussed above, the digger derrick exclusion is limited to situations 
in which certain general industry standards apply, and those general 
industry standards, both Sec. Sec.  1910.268 and 1910.269, contain 
requirements for protecting against power line contact.
    Proposed paragraph (c)(5) specifically excludes machinery 
originally designed as vehicle mounted aerial lifts and self-propelled 
elevating work platforms. The language of this provision reflects C-
DAC's intent to differentiate between equipment with an attachment such 
as a personnel platform pinned to the boom, which is within the scope 
of the proposed rule, and machinery originally designed to be 
configured only as an aerial lift, which is excluded. Another standard, 
Sec.  1926.453, addresses aerial lifts. The only comments to address 
this exclusion supported retaining it. (ID-0129.1; -0312.1.) 
Accordingly, paragraph (c)(5) is promulgated as proposed.
    Proposed paragraph (c)(6) excluded telescopic/hydraulic gantry 
systems. C-DAC excluded this machinery because it presents hazards that 
differ in many respects from those presented by the equipment covered 
by this standard. As a result, many provisions of this standard would 
not be workable or needed for this equipment, and hazards unique to 
this type of machinery would not be addressed. In the proposed rule, 
OSHA noted that the Specialized Carriers & Rigging Foundation recently 
issued a voluntary consensus standard for telescopic/hydraulic gantry 
systems. (73 FR 59730, Oct. 9, 2008; ID-0027.) As no comments on this 
exclusion were received, paragraph (c)(6) is promulgated as proposed.
    Under proposed paragraph (c)(7), stacker cranes were excluded. C-
DAC noted that these cranes are rarely used in construction, and their 
configuration is too unlike other equipment covered by the proposed 
standard to warrant inclusion. No comments on this exclusion were 
received, and paragraph (c)(7) is promulgated as proposed.
    Paragraph (c)(8) of the proposed rule excluded ``powered industrial 
trucks (forklifts).'' C-DAC proposed to exclude such machines because 
forklifts are mostly used in a manner that does not involve suspended 
loads and would often require different responses to the hazards 
presented than are provided in this standard.
    OSHA solicited public comment on whether the scope language should 
be modified to explicitly state that forklifts modified to perform 
tasks similar to cranes are covered. Two commenters stated that the 
inclusion in paragraph (a) of this section of multi-purpose machines 
when configured to hoist and lower by means of a winch or hook would 
include forklifts that are modified to perform tasks similar to a 
crane. (ID-0205.1; -0213.1.) Several other commenters argued that 
forklifts should be excluded even if they are configured to perform 
tasks similar to cranes and suggested adding specific language to that 
effect. (ID-0187.1; -0231.1; -0232.1) These commenters noted that 
forklifts are regulated under a different section, Sec.  1926.602(c), 
and believed that Sec.  1926.602(c) was better suited to the hazards 
presented by such equipment than this standard. One commenter stated 
that the challenges facing modified forklift operators are 
fundamentally different from the challenges facing crane operators, 
thus the standards regulating them should also be fundamentally 
different. (ID-0231.1.)
    The comments submitted on this issue highlight the need for greater 
clarity. This standard applies to equipment that can hoist, lower and 
horizontally move a suspended load. First, as a preliminary matter, the 
standard does not apply to forklifts used exclusively in their most 
traditional form: placing the forks underneath a load and using the 
forks to lift or lower the load. With a ``suspended'' load, the forks 
(or modified lifting device) would be above the load.
    Second, OSHA has included paragraph (c)(8) to exclude forklifts 
when used to suspend a load from its forks. OSHA recognized that a 
forklift could technically meet the criteria of subpart CC coverage 
whenever it is used to suspend a load from its forks (such as by 
hanging the load from a chain wrapped around the forks), hoist it 
vertically by raising or lowering the forks, and move the load 
horizontally by moving the entire forklift. Under such a scenario the 
forks are used as the primary support for a load suspended directly 
from the forks, but OSHA concludes that these forklifts warrant an 
exception from the scope of this subpart CC because they do not utilize 
the components in the same manner as other equipment covered by this 
standard. In contrast, a piece of equipment covered by this standard 
manipulates suspended loads by utilizing components such as winches, 
booms, jibs, gantries, and trolleys. Outriggers and stabilizers are 
also often needed to stabilize the equipment while hoisting a load.
    Third, OSHA is revising paragraph (c)(8) to clarify that the 
forklift exclusion applies only to forklifts that do not meet the 
definition of multi-purpose machines covered under subpart CC (those 
that are configured to hoist and lower (by means of a winch or hook) 
and horizontally move a suspended load). This standard covers multi-
purpose machines because they are configured with the above-mentioned 
components (winches, booms, jibs, gantries, trolleys, stabilizers, 
etc.), even though they also have a dual function. OSHA recognizes that 
a powered industrial truck could be modified so that it would qualify 
as a multi-purpose machine, such as by adding an after-market boom and 
hook attachment in addition to the fork attachment. It is the Agency's 
intent that forklifts that are capable of multiple configurations are 
treated as multi-purpose machines and excluded from coverage of subpart 
CC only as set forth in Sec.  1926.1400(a). A forklift with a boom 
attachment affixed to its forks that uses a hook to raise and lower the 
load like a crane would be covered by subpart CC. However, as noted in 
the preamble to the proposed rule, a forklift would be excluded from 
the coverage of subpart CC when its sole means of suspending a load is 
a chain wrapped around the forks.
    Proposed paragraph (c)(9) excluded mechanics' trucks with hoisting 
devices when used in activities related to equipment maintenance and 
repair. One commenter stated that similar trucks are used in the power 
line industry for tasks such as installing transformers and suggested 
that such equipment should also be excluded. (ID-0144.1.) However, as 
explained in the proposed rule, this provision was not intended to 
exclude mechanics' trucks when used to hoist materials during 
construction work but only to provide a limited exception when they are 
used for equipment maintenance and repair activities. Their use in this 
manner is similar to the way automotive wreckers and tow trucks, which 
are excluded under paragraph (c)(3) of this section, are used. OSHA 
determines that this exclusion should be

[[Page 47927]]

limited in the manner stated in the proposed rule, and paragraph (c)(9) 
is promulgated as proposed.
    In proposed paragraph (c)(10), machinery that hoists by using a 
come-a-long or chainfall was excluded for the reasons explained in the 
preamble to the proposed rule (see 73 FR 59730, Oct. 9, 2008). No 
comments were received on this provision, and it is promulgated as 
proposed.
    Proposed paragraph (c)(11) excluded dedicated drilling rigs. This 
exclusion received substantial attention during the C-DAC negotiations 
and was discussed at length in the proposed rule (see 73 FR 59730, Oct. 
9, 2008). OSHA requested public comment on issues related to this 
exclusion. No written comments were submitted but, in testimony at the 
public hearing, a trade association supported the proposed exclusion. 
(ID-0341.) Accordingly, paragraph (c)(11) is promulgated as proposed.
    Proposed paragraph (c)(12) excluded ``gin poles when used for the 
erection of communication towers.'' (See discussion at 73 FR 59730, 
Oct. 9, 2008). A commenter stated that this exclusion should be 
extended to also cover gin poles used to erect electrical transmission 
towers and lines, but gave no supporting rationale or information. (ID-
0209.1.)
    The use of gin poles for erecting communications towers is highly 
specialized; the communication tower industry has developed a detailed 
consensus standard that specifically addresses their use in that 
application.\5\ However, the Agency is unaware of a similar degree of 
specialization and development of safe practices for gin poles used for 
erecting electrical transmission towers. Accordingly, OSHA lacks a 
basis for extending the exclusion to work other than that covered in 
proposed paragraph (c)(12); paragraph (c)(12) is promulgated as 
proposed with the addition of the word ``when'' before ``used'' to 
clarify that the exclusion does not apply when gin poles previously 
used to erect communication towers are used for other purposes.
---------------------------------------------------------------------------

    \5\ See ANSI/TIA-1019 (2004), Structural Standards for Steel Gin 
Poles Used for Installation of Antenna Towers and Antenna Supporting 
Structures, which contains detailed provisions for installing and 
using gin poles to erect communication towers.
---------------------------------------------------------------------------

    Proposed paragraph (c)(13) excluded tree trimming and tree removal 
work from the scope of the proposed rule. One commenter favored the 
exclusion as written (ID-0040.1), but another suggested limiting the 
exclusion to tree trimming performed for maintenance and including tree 
trimming related to construction (ID-0172.1). The latter commenter 
stated that tree trimming related to construction is particularly 
dangerous because the weight of the pick is uncertain and the ground 
conditions to support the equipment may be inadequate.
    C-DAC agreed to exclude tree trimming and removal because the vast 
majority of the tree care industry's work does not take place in 
construction and is therefore governed by general industry standards. 
OSHA continues to agree that this is a valid reason for the exclusion. 
OSHA is promulgating paragraph (c)(13) as proposed.
    Proposed paragraph (c)(14) excluded anchor handling with a vessel 
or barge using an affixed A-frame. Two commenters suggested that the 
vessels to which this paragraph pertains should be excluded even when 
used for purposes other than anchor handling to avoid having the 
vessels move in and out of coverage depending on how they are used. 
(ID-0376.1; -0383.1.) These commenters stated that such vessels are 
sometimes used for dredging operations and suggested rewording the 
exclusion to state: ``Anchor handling or dredge related operations with 
a vessel or barge using an affixed A-frame.''
    OSHA is adopting these commenters' suggestion and their recommended 
wording of paragraph (c)(14). As explained in the proposed rule, C-DAC 
agreed to the exclusion in proposed paragraph (c)(14) because its 
Cranes on Barges Work Group concluded that the requirements of this 
rule could not readily be applied to the specialized equipment listed 
in the exclusion. That rationale favors the broader exclusion 
recommended by the commenters.
    Proposed paragraph (c)(15) excluded roustabouts because C-DAC 
concluded that the proposed standard was similarly unsuited to address 
these devices (see 73 FR 59731, Oct. 9, 2008). No commenters addressed 
this issue, and paragraph (c)(15) is promulgated as proposed.
    Paragraph (c)(16) excludes helicopter cranes. Such cranes are 
regulated under Sec.  1926.551 of subpart N, which is not affected by 
this final rule and continues in effect. C-DAC and OSHA did not intend 
to cover helicopter cranes under this subpart. However, such cranes fit 
the description in Sec.  1926.1400(a) of the equipment covered by this 
rule in that they are power-operated equipment that can hoist, lower, 
and horizontally move a suspended load. To avoid any uncertainty over 
whether they are subject to this rule or to Sec.  1926.551, OSHA is 
explicitly excluding them from this rule through paragraph (c)(16).
Paragraph (c)(17) Delivery of Material to Construction Sites
    It is common for material that is to be used in construction work 
to be delivered to the construction site on a truck equipped with a 
lifting attachment that is used either to place the materials on the 
ground or to place them on the structure. For example, articulating/
knuckle-boom truck cranes are often used to deliver bundles of drywall 
to the site and then move the bundles from the truck up to a floor of 
the building under construction. To the extent these cranes are used in 
``construction work,'' they fall within the scope of this final rule as 
defined in Sec.  1926.1400(a).
    OSHA has long taken the view that an employer who delivers 
materials to a construction site is not engaged in ``construction 
work'' if that employer's work once at the site is limited to simply 
placing/stacking the materials on the ground. OSHA requested comment 
from the public on whether the final rule should include an explicit 
exclusion to this effect (see 73 FR 59731, Oct. 9, 2008).
    Most commenters on this issue favored such an exclusion to clarify 
that such equipment was not being used in construction. (ID-0145.1; -
0147.1; -0165.1; -0184.1; -0206.1; -0218.1; -0232.1; -0233.1; -0235.1; 
-0299.1.) Certain commenters expressed the view that any such exclusion 
should also extend to delivery of materials onto structures at the 
construction site because, in their view, this was also not a 
construction activity. (E.g., ID -0184.1; -0233.1; -0235.1.) Some of 
these commenters represented employers who deliver building materials 
such as lumber, drywall, and roofing materials. (See, e.g., ID-0184.1; 
-0233.1.) Others represented employers in the heating, ventilation, air 
conditioning, and refrigeration (HVACR) industry. (ID-0165.1; -0235.1.) 
Several of the commenters pointed to the operator training and/or 
certification requirements in Sec.  1926.1427 of the proposed rule as 
particularly burdensome given the distinctions between delivery 
activities and what they characterized as the more complex activities 
typically associated with the equipment covered by the proposed rule. 
(ID-0165.1; -0184.1; -0218.1; -0231.1; -0233.1; -0235.1.)
    OSHA notes some commenter confusion regarding instances when the 
construction materials are not delivered to the curb or a stockyard but 
instead to a designated area on the construction site where the 
materials are staged/organized to facilitate hoisting activities. In 
these scenarios, OSHA construction

[[Page 47928]]

standards apply. See, e.g., Letter to Johnson (2/6/08) (stacking of 
materials), Letter to Reynolds (1/5/01) (delivery of materials onto 
structure). When hoisting equipment is used to arrange the materials in 
a particular sequence for hoisting or to lift materials onto a 
structure that is under construction, it is being used to expedite work 
that is integral to the construction process and is, therefore, 
construction work. However, to remain consistent with existing 
compliance guidance, this final rule states that when lifting equipment 
is used solely to deliver building supply materials from a supplier to 
a construction site by placing/stacking the materials on the ground, 
without arranging the materials in a particular sequence for hoisting, 
OSHA does not regard the delivery process as a construction activity. 
OSHA believes that this limited and conditional exclusion will exclude 
this equipment when used to perform such deliveries and address the 
concerns of commenters who only deliver construction materials to the 
ground.
    Construction typically consists of a process of assembling and 
attaching (or in some cases, disassembling) a vast variety of materials 
to form a building or other structure.\6\ In building construction, 
those materials typically include small, individual items (a few 
examples include: nails, lumber, pipes, duct work sections, electrical 
items, sheet goods), large individual items (a few examples include: 
structural steel or precast concrete columns and beams), and 
prefabricated structural and building system components (a few examples 
include: roof trusses, precast concrete wall sections, and building 
machinery such as boilers, pumps, and air handling equipment). All of 
these items must be delivered to the jobsite and unloaded from the 
vehicle delivering them before they can be used in the building or 
structure.
---------------------------------------------------------------------------

    \6\ Construction also includes the deconstruction or demolition 
of a portion, or all, of a structure.
---------------------------------------------------------------------------

    C-DAC indicated that to facilitate the assembling or attaching of 
such items, cranes and derricks are often used to hoist and hold, 
support, stabilize, maneuver, or place them. Sometimes they are used to 
place items in a convenient location for subsequent use. For example, 
they are often used to place a bundle of steel decking sheets onto the 
structure for later ``shaking out'' (i.e., after being landed on the 
structure, workers ``break'' the bundle and distribute the decking 
sheets for subsequent attachment). One of OSHA's construction standards 
contains specific requirements related to the landing and placing of 
such bundles (see Sec.  1926.754(e)(1)).
    Sometimes cranes and derricks are used to place an item in a 
specific location for immediate attachment. For example, cranes are 
typically used to precisely place steel columns on concrete footings, 
which involves aligning holes at the column's base with anchor rods/
bolts in the footing so that the column can be secured to the footing. 
In building and bridge construction, cranes are often used to precisely 
place precast concrete members so that workers can attach them to other 
precast members (or sometimes to a structural steel frame).
    Cranes are also used to place precast concrete components so that 
other items can be connected to them. For example, in utility and sewer 
construction, precast concrete manholes or vaults are placed for proper 
alignment with utility pipes; in residential construction, precast 
concrete septic systems are placed for proper location in an 
excavation. Clearly, such movement and placement of material by cranes 
and derricks is integral to the construction process, and the fact that 
this may be done by the vehicle that delivered the material to the site 
does not make it a non-construction activity.
    Cranes are also commonly used to hoist building materials onto a 
structure for subsequent use. Although this is also a construction 
activity,\7\ OSHA determines that a limited exclusion for articulating/
knuckle-boom truck cranes used for such work is appropriate to minimize 
having this equipment move in and out of coverage of this rule.
---------------------------------------------------------------------------

    \7\ Moving building materials onto a structure for subsequent 
use is an integral part of the construction process. This is the 
case whether the materials are brought onto the structure by hand, 
with the aid of a crane after the materials had been previously 
delivered to the ground, or by the same equipment that brought them 
to the site. See e.g., January 5, 2001, Letter of Interpretation to 
Mr. Jeff Reynolds, Division Safety Manager Pacific Supply, available 
at http://www.osha.gov.
---------------------------------------------------------------------------

    The record shows that articulating/knuckle-boom truck cranes are 
often used to deliver sheet goods (e.g., drywall), or packaged 
materials (e.g., roofing shingles) to construction sites and that it is 
common for the delivery to be made onto the structure. Delivering 
material to a structure can pose a hazard that is typically not present 
when material is placed on the ground: when the boom is extended, as 
when lifting the material to an upper floor, the possibility of 
exceeding the crane's rated capacity, with the resultant possibility of 
boom collapse and crane tipover, is present. A representative of a 
material delivery trade association testified that articulating/
knuckle-boom cranes are equipped with automatic safety systems that 
detect whether the crane is close to being overloaded and automatically 
prevent such overloading. (ID-0341; -0380.1; -0381.1.)
    The representative described a test on a crane with a load of 2,900 
pounds and a maximum extension of 78 feet, 11 inches, and said that the 
automatic device preventing the boom from extending beyond its maximum 
safe length for that load and angle of 46 feet. (ID-0341.) Thus, with a 
load that is typical of the loads that are often delivered, the hazard 
of the crane collapsing exists with the boom at far less than its 
maximum possible extension. Another representative of the material 
delivery industry, also noted the presence of such devices on the 
equipment used by its members and, while it asked for such equipment to 
be exempt completely from this rule, alternatively suggested an 
exemption for equipment with such devices installed. (ID-0184.1.)
    OSHA is, to a large extent, adopting the commenter's suggestion. 
The overloading and subsequent collapse of cranes is one of the primary 
hazards this final rule seeks to address. The trade association 
witness's testimony shows that the potential for collapse is present 
when articulating/knuckle-boom cranes are used to deliver materials 
onto a structure. The industry has, however, addressed this hazard by 
equipping such cranes with automatic overload prevention devices. 
Therefore, OSHA is excluding articulating/knuckle-boom cranes used to 
deliver materials onto a structure from the final rule, but only when 
the cranes are equipped with properly functioning automatic overload 
prevention devices. Without such a device, the crane is subject to all 
provisions of this final rule. It should be noted that electrical 
contact with power lines is another serious hazard covered by the final 
rule. The limited exemption for articulating/knuckle-boom cranes used 
for certain construction operations also exempts this equipment from 
the requirements for operations near power lines contained in the final 
rule. When performing an exempt operation, this equipment (like must of 
the other exempt equipment and operations) will be covered by revised 
Sec.  1926.600(a)(6).
    OSHA is limiting this exclusion to the delivery of sheet goods and 
packaged materials including, but not limited to: sheets of sheet rock, 
sheets of plywood, bags of cement, sheets or packages of roofing 
shingles, and rolls of roofing felt. The placement of other materials 
on a structure under construction is the type of core construction 
activity this rule seeks to address, and excluding the

[[Page 47929]]

hoisting and movement of other types of materials, such as precast 
concrete members, prefabricated building sections, or structural steel 
members, would severely reduce the rule's effectiveness. Moreover, 
equipment used to lift these types of materials on construction sites 
is rarely, if ever, used for non-construction activities on those sites 
and does not often present the problem of equipment moving in and out 
of coverage when used for different activities.
    OSHA is also limiting the exclusion by making it clear that it does 
not apply when the crane is used to hold, support or stabilize the 
material to facilitate a construction activity, such as holding 
material in place while it is attached to the structure. For example, 
while placing a package of shingles onto the roof of a structure would 
fall within the exemption, suspending the shingles in the air and 
moving them to follow the progress of the roofer would not. When the 
crane is being used to facilitate the construction activity, it has 
exceeded the ``delivery'' of goods and is therefore engaged in a 
process that is more complex than the scenarios addressed by the 
commenters who supported an exclusion for materials delivery. OSHA is 
also concerned that exempting this activity would provide an incentive 
for employers to use materials delivery cranes for other purposes, 
thereby undermining the rationale for the materials delivery exclusion.
    In particular, OSHA declines to exclude the handling of HVACR 
units, as some commenters urged. Using a crane to deliver HVACR 
equipment is an example of using a crane to hoist and position a 
component of the building's mechanical systems, which is an integral 
part of the construction process. According to one industry commenter, 
during a typical installation of a large commercial rooftop HVACR unit, 
a mobile crane delivers the equipment to its intended location on the 
roof, where an HVACR technician connects the equipment to the 
ventilation system. (ID-0165.1) Thus, unlike sheet goods and packaged 
materials, which are not placed in their location of final use by the 
delivery vehicle, delivery of HVACR equipment may be integral to its 
installation. Like the hoisting and movement of other building 
components, use of cranes and derricks to move HVACR equipment falls 
squarely within this rule.
    OSHA also received a comment from a representative of the precast 
concrete industry requesting the exclusion of equipment used to deliver 
materials such as concrete manholes, septic tanks, burial vaults, 
concrete block, and concrete pipe. (ID-0299.1) This commenter stated 
that their portion of the precast concrete industry solely delivers 
materials to a construction site, and believed that they simply supply 
materials for a construction project but are not involved in actual 
construction. (ID-0299.1)
    OSHA agrees that in circumstances where the equipment is used 
solely to deliver these types of concrete materials from a supplier to 
a construction site by placing/stacking the materials from the delivery 
vehicle to the ground in, for example, a storage or staging area, 
without arranging the materials in a particular sequence for subsequent 
hoisting, the equipment is not being used for a construction activity. 
However, if the equipment is used to hoist, hold, support, stabilize or 
place precast concrete material as part of the installation process, it 
is engaged in a construction activity and would be subject to this 
rule. For example, a truck-mounted articulating crane may be used to 
maneuver a precast component such as a vault or concrete pipe from the 
truck to its installation point in an excavation. As previously 
discussed, such use is a typical construction activity.
    To summarize, when a delivery vehicle is used solely to deliver 
building supply materials from a supplier to a construction site by 
placing/stacking the materials on the ground, without arranging the 
materials in a particular sequence for hoisting, the equipment is not 
being used for a construction activity and is not subject to this rule. 
When an articulating/knuckle-boom truck crane that brings material to a 
site is used to transfer building supply sheet goods or building supply 
packaged materials from the vehicle onto a structure, the activity is a 
construction activity but the crane is excluded from this rule if it is 
equipped with a properly functioning automatic overload prevention 
device and satisfies the other requirements of the exception in Sec.  
1926.1400(c)(17). All other equipment that falls under Sec.  
1926.1400(a) is subject to this rule when delivering materials onto a 
structure.
    OSHA is including in the final rule a new Sec.  1926.1400(c)(17) to 
clarify the circumstances under which material delivery is subject to 
the rule. Paragraph (c)(17)(i) excludes from the scope of this standard 
an articulating/knuckle-boom truck crane that delivers material to a 
construction site when it is used to transfer materials from it to the 
ground, without arranging the materials in a particular sequence for 
hoisting.
    Paragraph (c)(17)(ii) contains the exclusion for an articulating/
knuckle-boom truck crane that delivers material to a site when it is 
used to transfer building supply sheet goods or building supply 
packaged materials from it onto a structure, using a fork/cradle at the 
end of the boom. This provision conditions this exclusion on the truck 
crane being equipped with a properly functioning automatic overload 
prevention device and lists examples of the sheet goods or packaged 
materials that qualify for the exclusion, stating that these include, 
but are not limited to: sheets of sheet rock, sheets of plywood, bags 
of cement, sheets or packages of roofing shingles, and rolls of roofing 
felt. These are typical building supply materials that pose a reduced 
risk of falling when being lifted by the truck crane because of their 
configuration and/or packaging, and because the truck crane was 
designed to safely handle this type of material.
    Any delivery activities not excluded under paragraphs (c)(17)(i) 
and (ii) are subject to the standard. However, to avoid any possible 
ambiguity on this point, OSHA has included paragraph (c)(17)(iii). 
Paragraphs (c)(17)(iii)(A)-(C) list explicit activities for which the 
exclusion does not apply. Paragraph (c)(17)(iii)(D) is included to 
avoid any possible implication that paragraphs (c)(17)(iii)(A)-(C) 
represent an exclusive list of delivery activities that are subject to 
the final rule.
Paragraph (d)
    Paragraph (d) of this section is included because there are some 
types of equipment for which only limited requirements apply, and 
others where there are special requirements that supplement, rather 
than displace, the other requirements in the rule. To avoid confusion, 
this paragraph establishes that all parts of the rule apply unless a 
provision specifically identifies other parts of the rule as 
inapplicable, or identifies the only provisions of the standard that 
are applicable. No comments were received on this paragraph, and it is 
promulgated as proposed except that ``subpart CC'' replaces the phrase 
``this standard'' from the proposed rule.
Paragraph (e)
    Proposed paragraph (e) of this section provided that the duties of 
controlling entities \8\ are not limited to the duties specified in 
Sec. Sec.  1926.1402(c), 1926.1402(e) and 1926.1424(b). The paragraphs 
referenced in this provision listed specific duties imposed on 
controlling entities under this rule.

[[Page 47930]]

Paragraph (e) was included to avoid any implication that the listing of 
certain duties placed on controlling entities by this rule displaces 
the duties placed on them under OSHA's multi-employer policy.
---------------------------------------------------------------------------

    \8\ The definition of ``controlling entity'' is explained in the 
discussion of Sec.  1926.1402(c).
---------------------------------------------------------------------------

    Several commenters questioned OSHA's authority to enforce its 
multi-employer policy against controlling entities as well as the 
provisions in the proposed rule that would impose specific duties on 
controlling entities. (ID-0166.1; -0197.1; -0214.1; -0232.1.) OSHA 
explained in detail in the proposed rule why it has such authority (see 
73 FR 59731-59733, Oct. 9, 2008). Paragraph (e) is promulgated as 
proposed.
Paragraph (f)
    Paragraph (f) requires that where a provision in the rule directs 
an operator, crewmember or other employee to take a specified action, 
it is the employer's responsibility to establish work rules to require 
the relevant employees to take that action, and to effectively 
communicate and enforce those work rules. This paragraph clarifies the 
employer's obligations with regard to such provisions. No comments on 
this paragraph were received, and it is being promulgated as proposed 
with only a minor grammatical correction.\9\
---------------------------------------------------------------------------

    \9\ For clarity, OSHA is substituting references to ``shall'' in 
the proposed rule with ``must'' in this final rule to remove any 
implication that the sentence is descriptive, rather than 
imperative.
---------------------------------------------------------------------------

Paragraph (g)
    Some commenters requested that OSHA provide a complete exemption 
from subpart CC for subpart V work. As discussed in Sec.  1926.1410(k), 
OSHA has addressed their concerns through exclusions from specific 
requirements of the rule.
    Most employers engaged in construction work under subpart V are 
also engaged in general industry work under Sec.  1910.269, which 
covers the operation and maintenance of electric power generation, 
transmission, and distribution installations. The requirements for 
mechanical equipment in Sec.  1910.269(p) are at least as protective as 
the requirements in Sec. Sec.  1926.1407-1926.1411 of subpart CC. 
Therefore, OSHA determines it is appropriate to give employers doing 
subpart V work the option of complying with Sec.  1910.269(p) in lieu 
of the requirements in Sec. Sec.  1926.1407-1926.1411 of this final 
rule. This decision has been codified in paragraph (g) of this section 
and a note referencing this new paragraph has been added to Sec.  
1926.952(c)(3).
Paragraph (h)
    Paragraph (h) notes that Sec.  1926.1402, Ground conditions, does 
not apply to cranes used on railroad tracks that are part of a general 
railroad system that is regulated by the Federal Railroad 
Administration. OSHA added paragraph (h) to this section of the final 
rule to aid the public in finding this exception. (See discussion of 
this provision at Sec.  1926.1402(f).)
Section 1926.1401 Definitions
    OSHA includes a number of definitions to clarify the meaning of 
terms used in this subpart. Many of the defined terms are commonly used 
in the industry, and C-DAC in most instances relied on standard 
industry sources or its own understanding of how terms are used in the 
industry to help ensure that the definitions would be readily 
understood by employers and employees. Industry sources on which C-DAC 
relied include existing OSHA standards, consensus standards, and ``A 
Glossary of Common Crane and Rigging Terms'' (Specialized Carriers and 
Rigging Foundation 1997) (``SC&RF Handbook'') (ID-0019.). OSHA includes 
other definitions to ensure that certain terms used in the proposed 
standard have a precise, unambiguous meaning.
    One commenter noted that definitions as proposed were not identical 
to those in certain consensus standards and requested they be changed 
to match. (ID-0178.1.) The commenter cited to various consensus 
standards, including ANSI A10.31-2006, ANSI A10.28-1998, ANSI A10.33-
1998, and ANSI Z359.0-2007. The commenter did not explain why the 
definitions as proposed were inappropriate nor how the change would 
improve safety. As noted above, consensus standards were utilized as a 
resource in developing the definitions for this subpart. OSHA disagrees 
with the commenter's position that the definition must match consensus 
standards. OSHA established definitions that would work in the 
framework of the equipment covered by this subpart, would coordinate 
with other OSHA standards and provide a foundation for enforcing the 
requirements of this subpart. As a result, OSHA is not making 
modifications to definitions based on this commenter's request.
    A few definitions in this final rule have been modified from or 
added to those in the proposed rule. Those definitions are: A/D 
director; Assembly/Disassembly; Builder; Controlling entity; Digger 
derrick; Duty cycle; Freeboard; Hoist; Load moment (or rated capacity) 
indicator; Load moment (or rated capacity) limiter; Nationally 
recognized accrediting agency; Positioning device system; Range control 
limit device; Repetitive lift; Tower crane; Type; Upperworks; and Wire 
rope.
    The reasons for these additions or modifications are discussed in 
the preamble at the location indicated in Table 5 below, with the 
exception of the definition for hoist, which is discussed below.
    OSHA received one comment on the definition of ``hoist'' in the 
proposed rule. (ID-0122.0.) This commenter expressed concern that the 
proposed definition would exclude hoists that utilized wire rope or 
chains. To address this concern, OSHA modified the definition of 
``hoist'' in the final rule to refer to ``a line'' rather than 
``rope.'' The use of the more general term ``line'' is intended to 
refer to any material (e.g., rope, wire rope, chain, etc.) used to 
connect the hoist to that which is being hoisted.
    Definitions that did not receive comment are adopted for the 
reasons set forth in the preamble of the proposed rule (see 73 FR 
59733-59739, Oct. 9, 2008).
    The preamble location for discussion of all definitions provided in 
Sec.  1926.1401 can be found in Table 5 below.

                                                             Table 5--Index of Defined Terms
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Term                        Location of preamble discussion                  Term                  Location of preamble discussion
--------------------------------------------------------------------------------------------------------------------------------------------------------
A/D director.........................  Sec.   1926.1404(a).......................  Load......................  Sec.   1926.1401
Articulating crane...................  Sec.   1926.1401..........................  Load moment (or rated       Sec.   1926.1416(e)(4)
                                                                                    capacity) indicator.
Assembly/Disassembly.................  Sec.   1926.1403..........................  Load moment (or rated       Sec.   1926.1416(e)(4)
                                                                                    capacity) limiter.
Assist crane.........................  Sec.   1926.1404(h)(4)....................  Locomotive crane..........  Sec.   1926.1401

[[Page 47931]]

 
Attachments..........................  Sec.   1926.1400(b)(2)....................  Luffing jib limiting        Sec.   1926.1416(d)(2)
                                                                                    device.
Audible signal.......................  Sec.   1926.1419(b).......................  Marine hoisted personnel    Sec.   1926.1431(b)(2)(iii)
                                                                                    transfer device.
Blocking.............................  Sec.   1926.1404(h)(2)....................  Marine worksite...........  Sec.   1926.1431(b)(2)(iii)
Boatswain's chair....................  Sec.   1926.1431(o).......................  Mobile cranes.............  Sec.   1926.1401
Bogie................................  Sec.   1926.1435..........................  Moving point-to-point.....  Sec.   1926.1423(e)(1)
Boom (equipment other than tower       Sec.   1926.1401..........................  Multi-purpose machine.....  Sec.   1926.1400(a)
 crane).
Boom (tower cranes)..................  Sec.   1926.1435(e)(5)(ii)................  Nationally recognized       Sec.   1926.1427(b)(1)(i)
                                                                                    accrediting agency.
Boom angle indicator.................  Sec.   1926.1416(d)(1)(i)(A)..............  Non-conductive............  Sec.   1926.1407(b)(2)
Boom hoist limiting device...........  Sec.   1926.1416(d)(1)....................  Operational aids..........  Sec.   1926.1416
Boom length indicator................  Sec.   1926.1416(e)(3)....................  Operational controls......  Sec.   1926.1417(b)(2)
Boom stop............................  Sec.   1926.1416(a)(2)....................  Operator..................  Sec.   1926.1401
Boom suspension systems..............  Sec.   1926.1404(h)(7)....................  Overhead and gantry cranes  Sec.   1926.1438
Builder..............................  Sec.   1926.1436(c).......................  Paragraph.................  Sec.   1926.1401
Center of gravity....................  Sec.   1926.1404(h)(6)....................  Pendants..................  Sec.   1926.1404(h)(8)
Certified welder.....................  Sec.   1926.1431(e)(5)....................  Personal fall arrest        Sec.   1926.1423(g)
                                                                                    system.
Climbing.............................  Sec.   1926.1435(b)(7)....................  Portal cranes.............  Sec.   1926.1415(a)(1)
Come-a-long..........................  Sec.   1926.1400(c)(10)...................  Positioning device system.  Sec.   1926.1423
Competent person.....................  Sec.   1926.1401..........................  Power lines...............  Sec.   1926.1407-1411
Controlled load lowering.............  Sec.   1926.1426(d).......................  Procedures................  Sec.   1926.1401
Controlling entity...................  Sec.   1926.1402(c).......................  Proximity alarm...........  Sec.   1926.1407(b)(3)
Counterweight........................  Sec.   1926.1404(h)(9)....................  Qualified evaluator (not a  Sec.   1926.1428(a)(2)
                                                                                    third party).
Crane/derrick........................  Sec.   1926.1400..........................  Qualified evaluator (third  Sec.   1926.1428(a)(2)
                                                                                    party).
Crawler crane........................  Sec.   1926.1401..........................  Qualified person..........  Sec.   1926.1401
Crossover points.....................  Sec.   1926.1413(a)(3)(iii)...............  Qualified rigger..........  Sec.   1926.1425(c)(3)
Dedicated channel....................  Sec.   1926.1420(b).......................  Range control limit device  Sec.   1926.1408(a)
Dedicated pile-driver................  Sec.   1926.1439(a).......................  Range control warning       Sec.   1926.1407(a)(3)
                                                                                    device.
Dedicated spotter (power lines)......  Sec.   1926.1407(b).......................  Rated capacity............  Sec.   1926.1401
Digger derrick.......................  Sec.   1926.1400(c)(4)....................  Rated capacity indicator..  Sec.   1926.1416(e)(4)
Directly under the load..............  Sec.   1926.1425(e)(1)....................  Rated capacity limiter....  Sec.   1926.1416(e)(4)
Dismantling..........................  Sec.   1926.1405..........................  Repetitive lift...........  Sec.   1926.1414(e)(2)
Drum rotation indicator..............  Sec.   1926.1416(e)(5)(ii)................  Repetitive pickup points..  Sec.   1926.1413(a)(3)(iii)
Duty cycle...........................  Sec.   1926.1414(e)(2)....................  Running wire rope.........  Sec.   1926.1413(a)(2)(ii)(A)
Electrical contact...................  Sec.   1926.1407-1411.....................  Runway....................  Sec.   1926.1431(k)(12)(ii)(A)
Employer-made equipment..............  Sec.   1926.1437(m)(4)....................  Section...................  Sec.   1926.1401
Encroachment.........................  Sec.   1926.1407-1411.....................  Side-boom crane...........  Sec.   1926.1440
Equipment............................  Sec.   1926.1400..........................  Special hazard warnings...  Sec.   1926.1417(c)(1)
Equipment criteria...................  Sec.   1926.1412(b)(1)(i).................  Stability (flotation        Sec.   1926.1437(m)
                                                                                    device).
Fall protection equipment............  Sec.   1926.1423(e).......................  Standard Method...........  Sec.   1926.1419(c)
Fall restraint system................  Sec.   1926.1423(d)-(e), (g)..............  Such as...................  Sec.   1926.1401
Fall zone............................  Sec.   1926.1425(b).......................  Superstructure............  Sec.   1926.1424(a)(1)
Flange points........................  Sec.   1926.1413(a)(3)(iii)...............  Tag line..................  Sec.   1926.1407(b)(2)
Floating cranes/derricks.............  Sec.   1926.1437..........................  Tender....................  Sec.   1926.1437(j)(3)
For example..........................  Sec.   1926.1401..........................  Tilt-up or tilt down        Sec.   1926.1425(e)
                                                                                    operation.
Free fall (of the load line).........  Sec.   1926.1426(d).......................  Tower crane...............  Sec.   1926.1401
Free surface effect..................  Sec.   1926.1437(m)(5)(ii)................  Travel bogie (tower         Sec.   1926.1435(d)(2)(iv)
                                                                                    cranes).
Freeboard............................  Sec.   1926.1437(m)(2)....................  Trim......................  Sec.   1926.1437(e)(1)
Hoist................................  Sec.   1926.1401..........................  Two blocking..............  Sec.   1926.1416(d)(3)
Hoisting.............................  Sec.   1926.1401..........................  Type......................  Sec.   1926.1427(b)(1)(ii)(B)
Include/including....................  Sec.   1926.1401..........................  Unavailable procedures....  Sec.   1926.1417(b)
Insulating link/device...............  Sec.   1926.1408(b)(4)(v).................  Up to.....................  Sec.   1926.1401
Jib stop.............................  Sec.   1926.1415(a)(3)....................  Upperstructure............  Sec.   1926.1424(a)(1)
Land crane/derrick...................  Sec.   1926.1437..........................  Upperworks................  Sec.   1926.1424(a)(1)
List.................................  Sec.   1926.1437(e)(1)....................  Wire rope.................  Sec.   1926.1413
--------------------------------------------------------------------------------------------------------------------------------------------------------

Section 1926.1402 Ground Conditions
    The Committee determined that the failure to have adequate ground 
conditions is a significant crane safety problem. Adequate ground 
conditions are essential for safe equipment operations because the 
equipment's capacity and stability depend on such conditions being 
present. In the Committee's view, there are two key problems regarding 
ground conditions: (1) Equipment is commonly brought on site by a 
subcontractor, who typically has neither control over ground conditions 
nor knowledge of hidden hazards, and (2) the entity that usually does 
have such authority--the controlling entity--may not have the expertise 
to know what changes are needed to make the ground conditions suitable 
for equipment operations. This section is designed to address these 
problems so that ground conditions will be made sufficient for safe 
equipment operations.
    One commenter asserted that, with respect to digger derricks, the 
ground conditions provision should be changed. In particular, the 
commenter stated that the Committee should incorporate by reference 
secs. 7 through 10 of ANSI/ASSE A10.31-2006, Safety Requirements, 
Definitions, and

[[Page 47932]]

Specifications for Digger Derricks; American National Standard for 
Construction and Demolition Operations. (ID-0178.1.) In addition, the 
commenter asserted that the ANSI/ASSE standard ``addresses worksite 
selection that is clearer than what OSHA has proposed. For example, the 
proposed rule does not recognize the danger that ditches can have on 
placement, which is a common occurrence.''
    OSHA first notes that these suggestions apply only to digger 
derricks and thus interprets the comment as a recommendation that 
digger derricks be treated differently than other equipment under Sec.  
1926.1402. As we noted in the preamble to the proposed rule, the 
Committee determined that the failure to have adequate ground 
conditions is a significant safety problem. The Committee's 
determination that this safety problem exists for various types of 
equipment is underscored by the application of Sec.  1926.1402 to 
nearly all equipment covered by this subpart. In addition, where the 
Committee intended for certain equipment to be exempted from Sec.  
1926.1402, it indicated that expressly (see, e.g., Sec.  1926.1440, 
Sideboom Cranes). OSHA defers to the expertise of the Committee on this 
issue.
    Secondly, OSHA has reviewed ANSI/ASSE A10.31-2006 and found that it 
is substantively distinguishable from Sec.  1926.1402. Specifically, 
the two standards differ in the assignment of responsibilities. ANSI/
ASSE A10.31-2006 divides responsibilities among digger derrick dealers/
installers, owners, users, and operators. Notably, controlling entities 
(who often do not fall into any of the ANSI/ASSE A10.31-2006 
categories) are assigned no responsibility at all. Furthermore, the 
discussion of worksite conditions is included only in sec. 10, 
Responsibilities of Operators. ANSI/ASSE A10.31-2006 places the 
responsibility of examining ground conditions entirely on the operator. 
Also, ANSI/ASSE A10.31-2006 does not require that the ground condition 
requirements be met before the equipment is installed; it requires only 
that the worksite be surveyed before the digger derrick is used. In 
sum, OSHA concludes that Sec.  1926.1402 is more effective than ANSI/
ASSE A10.31-2006 and declines to incorporate ANSI/ASSE A10.31-2006 by 
reference.
    The Agency disagrees with the commenter that Sec.  1926.1402 fails 
to adequately address ditches. The hazard posed by a ditch is that the 
ground is less firm in the area adjacent to it. Under Sec.  1926.1402, 
the ground must be sufficiently firm to provide ``adequate support'' 
for the equipment. The section as proposed therefore addresses this 
hazard.
Paragraph (a) Definitions
    Paragraph (a) provides definitions of key terms used in this 
section. The term ``ground conditions'' is defined as the ability of 
the ground to support the equipment (including slope, compaction and 
firmness). The Committee determined that slope, compaction and firmness 
are the key factors that are involved in the ability of the ground to 
support the equipment.
    ``Supporting materials'' is defined as meaning blocking, mats, 
cribbing, marsh buggies (in marshes/wetlands), or similar supporting 
materials or devices. Such materials typically help to distribute the 
load of the crane over a broad area and/or assist in leveling the 
equipment. The list in the definition of examples of such materials is 
nonexclusive--it includes similar materials and devices that would 
serve the same purpose(s).
    The one comment that was received that referenced this provision is 
addressed in the discussion below of Sec.  1926.1402(b). (See ID-
0178.1.)
Paragraph (b)
    Under paragraph (b) of this section, the equipment is prohibited 
from being assembled or used \10\ unless ground conditions are firm, 
drained, and graded to a sufficient extent so that, in conjunction (if 
necessary) with the use of supporting materials, the equipment 
manufacturer's specifications for adequate support and degree of level 
of the equipment are met. A crane's stability depends (in part) on the 
crane being level, and ``degree of level'' is a term used in the 
industry to describe the manufacturer's specification for how level the 
crane must be. The Agency determined that the text of the proposed rule 
did not make it clear that the drainage requirement did not apply to 
marshes/wetlands. Accordingly, the final rule's text has been modified 
to clearly state that this is the only exception. All other conditions 
related to have a stable surface for the equipment is applicable.
---------------------------------------------------------------------------

    \10\ Note that ``used'' is not limited to use of the equipment 
at a fixed location; it also includes when the equipment is 
traveling with a load.
---------------------------------------------------------------------------

    In the Committee's experience, crane tip-over incidents caused by 
inadequate ground conditions are a significant cause of injuries and 
fatalities. For example, on September 28, 1999, a 19 year old 
electrical instrument helper was killed by a crane that overturned 
because insufficient care was taken to ensure that the ground under the 
crane was firm and that the crane's outriggers were properly supported. 
(ID-0017.13.) Conditions that enhance the chance of such accidents 
include ground that is wet or muddy, poorly graded, or that is loose 
fill (or otherwise disturbed soil) that has not been compacted. The 
Committee determined that requiring adequate ground conditions will 
prevent many of these accidents. The exception for marshes and wetlands 
is included because the Committee was aware that, in many instances, 
the draining of marshes/wetlands is prohibited or restricted by 
environmental laws and there are devices available (such as marsh 
buggies) that are designed to provide adequate support to cranes in 
such areas.
    One commenter suggested that the term ``level'' could be confusing 
and suggested that it be defined as ``less than one degree of grade 
change or as required by the manufacturer.'' (ID-0178.1.) OSHA finds 
this comment unpersuasive. The suggested language is circular because 
it does not use the term ``level'' by itself; it refers to ``the 
equipment manufacturer's specifications for * * * degree of level of 
the equipment.'' The reason the provision refers to the manufacturer's 
specification in this regard is that it is the manufacturer that 
establishes the load chart, and the load chart is valid only for the 
parameters, including degree of level, established by the manufacturer.
    At the public hearing, a representative of the railroad industry 
raised an issue that OSHA determines could be the source of some 
confusion. The commenter indicated that the railroad industry regularly 
has to work in out-of-level conditions, since some sections of track 
are not level. (ID-0342.) The commenter explained that the 
manufacturers of track-mounted cranes provide specialized load charts 
which take into account these out-of-level conditions.
    The manufacturers of these cranes apparently specify that the 
cranes can be used in certain out-of-level circumstances, as evidenced 
by their provision of load charts for those conditions. Therefore, the 
use of equipment in accordance with manufacturer specifications 
regarding degree of level would meet Sec.  1926.1402(b)'s requirement 
because the provision permits use of the equipment in accordance with 
those specifications.

[[Page 47933]]

Paragraph (c)
    Under Sec.  1926.1402(c), the controlling entity has several 
specific duties regarding ground conditions. OSHA's authority to impose 
these duties is discussed in detail in the preamble to the proposed 
rule (see 73 FR 59731-59732, Oct. 9, 2008), and the Agency re-asserts 
the same authority with respect to the final rule. As it did with 
respect to the proposed rule, the Agency is again stating that the 
duties imposed on the controlling entity through the promulgation of 
this final rule are supplemental to, and do not displace, controlling 
entity duties under OSHA's multi-employer policy. (See Sec.  
1926.1402(e), discussed below; 73 FR 59731, Oct. 9, 2008).
    ``Controlling entity'' is defined in Sec.  1926.1401 as ``an 
employer that is a prime contractor, general contractor, construction 
manager or any other legal entity which has the overall responsibility 
for the construction of the project--its planning, quality and 
completion.'' This definition, which generally mirrors the definition 
of ``controlling contractor'' in the steel erection standard, 29 CFR 
part 1926, subpart R, reflects the core principle of general 
supervisory control over the construction site. In this final rule, 
OSHA is clarifying the definition to make it clear that the controlling 
entity must be an employer.
    Section 1926.1402(c)(1) requires the controlling entity to ensure 
that ground preparations necessary to meet the requirements in 
paragraph (b) of this section are provided. The Committee determined 
that it is necessary to specify who will have ground condition 
responsibility because in many instances the parties are unable to 
agree on who will have (or has) that contractual responsibility, with 
the result that often no one corrects inadequate ground conditions.
    In the Committee's view, the crane user and operator typically do 
not have the equipment or authority to make such preparations. In 
contrast, the controlling entity, due to its control of the worksite, 
has the requisite authority and is in the best position to arrange for 
adequate ground conditions. The Committee was concerned, however, that 
some controlling entities may lack the expertise to recognize when 
ground conditions are inadequate. To address this concern, the 
Committee developed Sec.  1926.1402(e).
    One commenter said that adequate site assessment requires defining 
ground bearing capacity compared to loading of the machine, along with 
soil testing and proper analysis for ground conditions. (ID-0143.1.) As 
explained in the preamble of the proposed rule, C-DAC considered, but 
rejected, including specification requirements regarding the soil 
conditions (see 73 FR 59739-59740, Oct. 9, 2008). This reflected the 
view that most sites and circumstances do not require sophisticated 
soil testing. In light of C-DAC's decision not to add new testing or 
soil specifications, the many variables that may affect ground 
conditions, and the existing body of law and OSHA guidance relating to 
testing duties under the Agency's multi-employer policy, the Agency 
concludes that it is appropriate to allow the controlling entity 
flexibility in the manner in which it satisfies its duties under Sec.  
1926.1402 and the multi-employer policy.
    Under Sec.  1926.1402(c)(2), the controlling entity is required to 
inform the user of the equipment and the equipment operator of the 
location of hazards beneath the equipment set-up area (such as voids, 
tanks, and utilities, including sewer, water supply, and drain pipes) 
that are identified in documents (such as site drawings, as-built 
drawings, and soil analyses) that are in the possession of the 
controlling entity. These underground hazards can compromise the 
ability of the ground above them to support the equipment. In the 
experience of members of the Committee, because of the hidden nature of 
these hazards, accidents have occurred when cranes have been set up 
above such hazards and a portion of the ground has given way.
    In developing this provision, the Committee was mindful that the 
controlling entity often possesses documents obtained or developed 
during the ordinary course of business that identify the location of 
such hazards. Under the provision as proposed, if the controlling 
entity has such a document, whether at the site or at an off-site 
location, it is required to inform the equipment user and operator of 
the location of the hazard as identified in it. If the controlling 
entity does not possess the information, it is not required to obtain 
it from another source. The Committee concluded that requiring the 
controlling entity to obtain such information from other sources would, 
in effect, require it to arrange for testing. As explained above, the 
Committee determined such a duty would be unduly burdensome and 
unnecessary.
    Some commenters indicated that clarification is needed regarding 
whether the controlling entity is required to possess particular 
documents. (ID-0166.1; -0214.1.) OSHA agrees that additional 
clarification is needed and is making two changes in the final text of 
paragraph (c)(2) of this section. Both of these clarifications are 
consistent with the rationale of the rule that the controlling entity 
need only share information that it possesses, and that the controlling 
entity has no obligation under Sec.  1926.1402 to seek out additional 
information not in its possession.
    First, OSHA is replacing the proposed phrase ``available to the 
controlling entity'' with ``in the possession of the controlling 
entity, whether at the site or off-site.'' As explained in the preamble 
to the proposed rule,

[i]n developing this proposed provision, the Committee was mindful 
that the controlling entity often has access to documents that may 
identify the location of such hazards. * * * Under this proposed 
provision, if the controlling entity has such a document, whether at 
the site or at an off-site location, it would be required to inform 
the equipment user and operator of the location of the hazard as 
identified in it. If the controlling entity does not possess such a 
document, it would not be required to obtain it from another source.

    The phrase ``available to'' may be interpreted as including 
documents that the controlling entity does not already have in its 
possession but has the ability to obtain, i.e., procure, from other 
entities. As is evident from the proposed rule explanation quoted 
above, the intent is to apply the duty only with respect to information 
that is already in the controlling contractor's possession, whether at 
the site or off-site.
    Second, OSHA is revising the text of paragraph (c)(2) of this 
section to emphasize that the employer's existing responsibilities 
under OSHA's multi-employer policy are not changed by this new rule. As 
noted above and in the preamble to the proposed rule, the duties 
provided in Sec.  1926.1402 supplement, and do not displace, the 
controlling entity's duties under the multi-employer policy.\11\ The 
multi-employer policy reflects the Secretary's reasonable 
interpretation of the OSH

[[Page 47934]]

Act and requires controlling employers to exercise reasonable care to 
prevent and detect violations on the site. See OSHA CPL 02-00-124, 
Multi-Employer Citation Policy, Dec. 10, 1999. Under this policy, the 
controlling employer has a duty to address hazards the employer either 
creates or controls, regardless of whose employees are threatened by 
the hazard. See, e.g. Universal Const. Co., Inc. v. Occupational Safety 
and Health Review Comm'n, 182 F3d 726, 730 (10th Cir. 1999). Implicit 
in those duties is a duty to notify employees of hazards the 
controlling employer controls and has already detected, particularly 
where such notification would prevent a violation. As noted in the 
preamble to the proposed rule, requiring employers to include hazard 
information needed by downstream employees is a necessary and 
appropriate means to ensure that the employees are apprised of all 
hazards to which they are exposed. (See 73 FR 59731, Oct. 9, 2008; see 
also American Petroleum Institute v. OSHA, 581 F.2d 493, 510 (5th Cir. 
1978).) (OSHA may require upstream employers to warn downstream 
employees of concealed hazards when the upstream employer knows of 
those hazards under remedial purpose of the OSH Act and OSHA's broad 
authority to prescribe warning labels under 29 U.S.C. 655(b)(7)).
---------------------------------------------------------------------------

    \11\ The Agency anticipates that the majority of controlling 
entities will also be controlling employers for the purposes of the 
multi-employer policy. However, even to the extent that a 
controlling entity does not also meet the definition of a 
controlling employer, the Agency has the authority to require the 
controlling entity to comply with the requirements of Sec.  
1926.1402. (See discussion of authority at 73 FR 59731-59732, Oct. 
9, 2008.) With respect to the controlling entity's duty to warn the 
operator and other users of the equipment about hidden ground 
condition hazards, Sec.  1926.1402(c) constitutes OSHA's exercise of 
its authority to ``prescribe the use of labels or other appropriate 
forms of warning as are necessary to insure that employees are 
apprised of all hazards to which they are exposed * * * and proper 
conditions and precautions of safe use or exposure.'' 29 U.S.C. 
655(b)(7).
---------------------------------------------------------------------------

    OSHA is therefore clarifying in paragraph (c)(2) that the 
controlling entity still must share both documentary and non-
documentary information about other hazards when the hazards are 
``known to the controlling entity.'' This requirement only applies to 
hazard information already in the possession of the controlling entity, 
and does not require the controlling entity to obtain any additional 
information. For example, if the controlling entity is setting up non-
crane equipment and discovers during the course of that work that there 
is an undocumented void in the area where the crane is to be set up, 
the controlling entity would be required to share that information with 
the crane operator. Although this requirement extends beyond the 
``documents'' specified in the proposed rule, it is consistent with the 
rationale provided in the proposed rule and is supported by those 
commenters who favor this provision: C-DAC sought to distinguish 
between information in the possession of the controlling entity, and 
information that must be sought out by the controlling entity. Thus, to 
comply with Sec.  1926.1402(c)(2) of the final rule, the controlling 
entity has no duty to seek out new information not already in its 
possession; it is only required to share information already in its 
possession, whether or not such information is contained in a document.
    OSHA received several comments about whether these responsibilities 
should rest with the controlling entity as it is defined in Sec.  
1926.1401 (prime contractor, general contractor, construction manager 
or any other legal entity which has the overall responsibility for the 
construction of the project--its planning, quality and completion).
    One commenter sought clarification on whether a construction 
manager/general contractor or a site/project owner is considered the 
controlling entity where the latter contracts with the former but 
retains responsibility for oversight of certain matters (e.g., quality 
control, safety). The commenter also wanted to know if the site/project 
owner is still responsible for inspecting ground conditions under Sec.  
1926.1402 if the construction manager/general contractor is the 
controlling entity. (ID-0107.1.) As explained above, the ``controlling 
entity'' is the entity which has the overall responsibility for the 
construction of the project--its planning, quality and completion. 
Where this responsibility is split among several entities, there may 
not be a controlling entity. In that case, Sec.  1926.1402(d) applies: 
whichever employer has authority to make or arrange for ground 
preparations is required to ensure that the necessary ground 
preparations are made. If more than one entity each possesses this 
authority, then OSHA holds each of those entities separately liable for 
the duty to ensure that the necessary ground preparations are made.
    Some commenters suggested that the provision is unclear as to which 
hazards, i.e., known or unknown, the controlling entity is required to 
disclose. (ID-0166.1; -0214.1.) The purpose of this requirement is to 
ensure that the user of the equipment and the operator are informed of 
hazards that might not be known to them, because they are beneath the 
set-up area, but are known to the controlling entity. In other words, 
under this provision, the controlling entity must examine information 
in its possession (such as site drawings, as-built drawings, and soil 
analyses) to see if there are hazards beneath the set-up area. If there 
are hazards identified in those documents, or if the controlling entity 
has already identified other hazards not in those documents, the 
controlling entity must inform the user and operator of the hazards. As 
explained above and in the proposed rule preamble, new Sec.  1926.1402 
does not place any new requirements on the controlling entity to 
discover hazards that are not already known to it (see 73 FR 59741, 
Oct. 9, 2008). The Agency concludes that the provision's language 
adequately reflects this intent.
    One commenter suggested that Sec.  1926.1402(c) be replaced with a 
section that would simply encourage a cooperative meeting between the 
controlling entity, the employer using the crane, and the employer best 
situated to control and prepare the ground conditions. (ID-0218.1.) 
OSHA determines that such a change would merely replicate the status 
quo, an arrangement which the Committee found to be inadequate for 
ensuring adequate ground conditions.
    Several commenters argued that the crane operator, not the 
controlling entity, should be required to obtain information about the 
location of hazards beneath the equipment set-up area. (ID-0165.1; -
0179.1; -0191.1; -0197.1; -0214.1; -0232.1; -0235.1; -0285.1.) These 
comments fell into one of two groups.
    The first group argued that some controlling entities are either 
not engaged in construction work,\12\ may have little to no expertise 
concerning ground conditions in general, or may hire subcontractors to 
work at a remote location of which the controlling entity may have 
little knowledge. (See, e.g., ID-147.1; -0165.1; -0232.1; -0235.1.) 
This group appears to read Sec.  1926.1402(c)(1) to mean that the 
controlling entity must personally determine and provide the ground 
conditions necessary to meet the requirements in Sec.  1926.1402(b).
---------------------------------------------------------------------------

    \12\ In most cases entity that meets the definition of 
``controlling entity'' will be engaged in construction.
---------------------------------------------------------------------------

    C-DAC considered the concern that some controlling entities would 
not have the expertise needed to determine if ground conditions were 
adequate. The final rule therefore addresses this concern in two ways. 
First, paragraph (c)(1) provides that the controlling contractor is 
responsible for ``ensuring'' that these ground conditions are provided. 
In other words, if the controlling contractor is not familiar with the 
crane's requirements or with the ground conditions at the particular 
site, then it must make sure that someone who is familiar with those 
requirements and conditions provides what is required by Sec.  
1926.1402(b). Second, under Sec.  1926.1402(e), if the A/D director or 
operator determines that ground conditions are inadequate, the 
controlling entity will, through a discussion, obtain the relevant 
information. (See discussion of

[[Page 47935]]

1926.1402(e) at 73 FR 59741, Oct. 9, 2008).
    One of the commenters suggested that Sec.  1926.1402(c) be revised 
to place requirements on either the controlling entity or a competent 
person designated by the controlling entity. (ID-0191.1.) As explained 
above, Sec.  1926.1402, as promulgated, does not preclude a controlling 
entity from using a competent person to provide the information it 
needs to meet its responsibilities under this section. However, C-DAC's 
experience indicates that it is important to ensure that one entity 
with the authority to address ground condition hazards has the 
responsibility to do so. To permit a controlling entity to divest 
itself of its ground condition responsibilities would unduly fragment 
responsibility for ground conditions, thus defeating one of the goals 
of the section.
    The second group argued that the rule may result in situations that 
are beyond the capacity and responsibility of certain subcontractors. 
(See, e.g., ID-0165.1; -0191.1; -0235.1.) One commenter suggested that 
the definition of ``controlling entity'' be revised ``to reflect that 
subcontractors and others who have little to do with the overall 
project including site conditions and do not have the expertise to 
determine compliance with crane manufacturer specifications are not 
included in the definition, purpose, or requirements of a controlling 
entity.'' (ID-0191.1) These commenters also argued that, because such 
subcontractors do not know or control the site conditions, the 
responsibilities in Sec.  1926.1402(c) should fall on the crane owner 
or operator. The other two commenters were concerned about the effect 
of the rule on heating, ventilating, air conditioning, and 
refrigeration (HVACR) contractors in particular. (ID-0165.1; -0235.1.)
    These commenters have misunderstood Sec.  1926.1402(c). For 
example, an HVACR contractor, if contracted to do only HVACR work and 
is not in control of the entire work site, would not be the controlling 
entity, and would be subject to the limited requirements in Sec.  
1926.1402(d) only if it had authority to make changes to the ground 
conditions.
    One commenter requested that the term ``user of the equipment'' be 
defined. (ID-0214.1.) OSHA determines this term does not need to be 
defined in Sec.  1926.1401, since its meaning is sufficiently clear. 
``User of the equipment'' refers to the employer that is using the 
equipment to perform a task. For example, a drywall installation 
employer engaged in erecting precast wall panels would be a ``user of 
the equipment'' if that employer directs a crane to hoist the panels 
into place. Similarly, an employer installing wooden roof trusses would 
be a ``user of equipment'' if that employer directs a crane to place 
the trusses on the structure. A general contractor handling several 
subcontracting areas, but not the controlling entity for the worksite, 
would also be a ``user of equipment'' if it directs its subcontractors 
to use a crane to hoist materials. In the latter example, the general 
contractor and the subcontractor would each be a ``user of equipment.''
Paragraph (d)
    In the event that no controlling entity exists, Sec.  1926.1402(d) 
provides that the requirement in Sec.  1926.1402(c)(1) must be met by 
the employer that has authority at the site to make or arrange for 
ground preparations needed to meet the requirements of Sec.  
1926.1402(b). For example, if the employer who hires the crane has the 
authority to get the ground prepared in the absence of a controlling 
entity, the responsibility for complying with Sec.  1926.1402(b) would 
fall to that employer. However, that employer would not be required to 
comply with Sec.  1926.1402(c)(2) because the information required to 
be disclosed under Sec.  1926.1402(c)(2) is not likely to be available 
to that employer.
    One commenter suggested that paragraph (d) of this section be 
revised to read that the requirements in Sec.  1926.1402(c)(1) must be 
met by a competent person designated by the employer that has authority 
at the site to make or arrange for ground preparations needed to meet 
the requirements of Sec.  1926.1402(b). (ID-0191.1.) As explained above 
with respect to a similar suggestion regarding Sec.  1926.1402(c), OSHA 
determines this would have the effect of unduly fragmenting the 
responsibility for ground conditions, which is contrary to the intent 
of the provision.
    For the reasons above, OSHA is promulgating Sec.  1926.1402(d) as 
proposed.
Paragraph (e)
    Proposed Sec.  1926.1402(e) established a mechanism for a 
controlling entity to obtain information from the A/D director or the 
equipment operator about insufficient ground conditions and the 
preparations needed to correct the problem. Specifically (as discussed 
above in the context of Sec.  1926.1402(c)(1)), if the A/D director or 
equipment operator determines that ground conditions do not meet the 
criteria in Sec.  1926.1402(b), that person's employer is required to 
have a discussion with the controlling entity regarding the ground 
preparations needed so that, with the use of suitable supporting 
materials/devices (if necessary), the requirements in Sec.  
1926.1402(b) can be met.
    The Committee determined that, in some instances, the controlling 
entity may lack the expertise needed to know what ground preparations 
may be needed. In such cases, it is necessary for the information it 
needs to be provided by the A/D director or operator, who has that 
expertise, so that the preparations needed for safe crane operations 
can be made. The Committee concluded that, in such circumstances, such 
a discussion would make it more likely that the requirements in Sec.  
1926.1402(b) would be met, which, as discussed above, is necessary for 
safe crane operations.
    One commenter suggested that the provision will encourage disputes. 
The commenter suggested that rental companies would not accept a 
controlling entity's ground conditions unless the controlling entity 
purchases services from the rental company to improve them. (ID-
0105.1.)
    OSHA determines that the commenter's concerns are unwarranted. 
Section 1926.1402(e) is a mechanism for a controlling entity to obtain 
information to facilitate its compliance with Sec.  1926.1402(c)(1). 
Once ground conditions meet the criteria in Sec.  1926.1402(b), the 
controlling entity is not required to make further improvements, even 
if the rental company objects.
    For the reasons above, OSHA is promulgating Sec.  1926.1402(e) as 
proposed, with the substitution of the word ``director'' for the word 
``supervisor'' to be consistent with the change made and discussed in 
Sec.  1926.1404.
Paragraph (f)
    At the public hearing, a representative of the railroad industry 
explained that, in his experience, railroads use cranes to: remove, 
replace or renew rails; build bridges; handle materials; and to pick up 
and repair railroad cars. (ID-0342.) In addition, the witness explained 
that the railroad industry uses a variety of construction equipment, 
some on the tracks (locomotive cranes, rubber-tired off-road cranes 
that are capable of being used on the tracks) and others off the tracks 
(rubber-tired off road cranes, truck cranes, and service trucks). (ID-
0342.) The witness estimated that 95% of railroad industry crane 
operations take place on or around railroad tracks. (ID-0342.)

[[Page 47936]]

    One commenter expressed concern about the application of Sec.  
1926.1402 to the railroad industry's use of cranes and requested an 
exemption for the use of cranes on and alongside tracks. (ID-0176.1; -
0292.1.) The commenter expressed two specific concerns. First, that, 
unlike most construction sites, a railroad construction site may 
include many miles of railroad track. The commenter elaborated that the 
time and cost associated with locating and checking site drawings and 
soil analyses--which the commenter said may arguably be available to 
the railroad industry--for thousands of miles of track would be 
``exorbitant'' and would ``not appreciably lower the risks to the crane 
operator.'' (ID-0176.1.)
    As for the cost associated with locating and checking documents, 
Sec.  1926.1402 does not require the controlling entity to possess or 
acquire any particular documents or other information, but requires 
that the controlling entity share any information about underground 
hazards that it has in its possession with the crane user and operator. 
As explained above, OSHA has replaced ``available to'' with ``in the 
possession of'' to make this clear.
    The commenter also suggested that there is no need to apply Sec.  
1926.1402 to cranes used by railroads along track rights of way because 
the Federal Railroad Administration (FRA) has regulations that specify 
minimum requirements for roadbeds and areas immediately adjacent to 
roadbeds that concern the ground conditions underneath and alongside 
the track, as well as requirements for how the track must be laid.
    The Federal Railroad Administration has established requirements 
for the ballasts beneath railroad tracks,\13\ limited requirements for 
the roadbed,\14\ and requirements for the track surface.\15\ The 
failure of any one of these elements (the ballast, the roadbed or sub-
grade, or the track) is detrimental to the effectiveness of the system 
as a whole. These provisions are designed to, in concert, enable trains 
to travel safely, and involve conditions adjacent to the track only to 
the extent that they affect track stability.
---------------------------------------------------------------------------

    \13\ The FRA regulations for the ballast (the foundation for 
most railroad tracks) can be found at 49 CFR 213.103 and 213.334, 
depending on the class of track. The provisions are otherwise 
identical, and provides:
    Unless it is otherwise structurally supported, all track shall 
be supported by material which will--
    (a) Transmit and distribute the load of the track and railroad 
rolling equipment to the subgrade;
    (b) Restrain the track laterally, longitudinally, and vertically 
under dynamic loads imposed by railroad rolling equipment and 
thermal stress exerted by the rails;
    (c) Provide adequate drainage for the track; and
    (d) Maintain proper track crosslevel, surface, and alignment.
    \14\ FRA requirements address issues other than ground support 
in the area adjacent to the track roadbed. Specifically, 49 CFR 
213.31 requires that each drainage or other water carrying facility 
under or immediately adjacent to the roadbed be maintained and kept 
free of obstruction, to accommodate expected water flow for the area 
concerned. Section 213.37 requires the control of vegetation on 
railroad property which is on or immediately adjacent to roadbeds to 
prevent fires, maintain visibility and signals, and to prevent 
interference with other duties.
    \15\ 49 CFR 213.51 et seq. contains requirements for the gage, 
alignment, and surface of the track.
---------------------------------------------------------------------------

    The comment is persuasive to the extent that it pertains to cranes 
that operate on railroad tracks that are part of the general railroad 
system of transportation because FRA's regulations address ground 
support for the tracks.\16\ Therefore, OSHA has decided to exempt from 
the requirements of Sec.  1926.1402 cranes used on railroad tracks that 
are part of the general railroad system of transportation subject to 
FRA regulation. To effectuate this change from the proposed rule, OSHA 
has added Sec.  1926.1402(f), which exempts cranes that are designed 
for use on railroad tracks and that are being used on tracks regulated 
by the Federal Railroad Administration requirements at 49 CFR part 213. 
In addition, OSHA has exempted railroad tracks and their underlying 
support from the ground conditions inspection requirements in Sec.  
1926.1412(d)(1)(x).
---------------------------------------------------------------------------

    \16\ The general railroad system of transportation is defined as 
``the network of standard gage track over which goods may be 
transported throughout the nation and passengers may travel between 
cities and within metropolitan and suburban areas.'' Appendix A to 
49 CFR part 209. If a railroad that is part of the general railroad 
system of transportation operates over track that is confined to an 
industrial installation, that plant trackage is also considered part 
of the general railroad system of transportation.
---------------------------------------------------------------------------

    The commenter also stated that the FRA has regulations that 
``concern[] the ground conditions * * * alongside the track.'' (ID-
0176.1.) The only aspects of the ground conditions of the area adjacent 
to the track roadbed addressed by the FRA regulations are drainage and 
vegetation.\17\ An area with adequate drainage can nonetheless present 
problems for equipment set-up with respect to slope, compaction and 
firmness, as well as have hazards beneath the set-up area. For this 
reason, the Agency has decided not to exempt equipment used alongside 
railroad tracks. Therefore, for example, a rubber tired off-road crane 
designed for use on tracks would be exempted from Sec.  1926.1402 while 
being operated on the tracks, but would be subject to the requirements 
of Sec.  1926.1402 if used adjacent to the tracks.
---------------------------------------------------------------------------

    \17\ See the description of FRA requirements that relate to the 
area adjacent to the track roadbed in footnote 11.
---------------------------------------------------------------------------

Sections 1926.1403--1926.1406 Assembly and Disassembly
    Sections 1926.1403 through 1926.1406 set out requirements designed 
to ensure the safety of employees while equipment is assembled and 
disassembled (and, in the case of tower cranes, during erecting, 
climbing and dismantling). C-DAC members indicated that, in their 
experience, the failure to adequately address hazards associated with 
these processes is a significant cause of injuries and fatalities. The 
Committee also concluded that the most effective way to reduce these 
injuries and fatalities would be to have a standard that 
comprehensively addresses these hazards (see also the Agency's 
discussion of fatality data associated with assembly/disassembly at 73 
FR 59741-59742, Oct. 9, 2008).
    Note that the term ``procedures,'' which is used in the assembly/
disassembly provisions, is defined to include (but is not limited to) 
instructions, diagrams, recommendations, warnings, specifications, 
protocols and limitations (see Sec.  1926.1401). The operation of an 
``assist'' crane used to help in the assembly/disassembly process is 
not covered by the assembly/disassembly requirements but is covered by 
the other sections of this standard.\18\
---------------------------------------------------------------------------

    \18\ However, the rigging requirements in Sec. Sec.  
1926.1404(r) and 1926.1425(c)(3) apply to the rigging used by the 
assist crane.
---------------------------------------------------------------------------

    One commenter suggested that the Agency clarify whether Sec. Sec.  
1926.1403 through 1926.1406 apply to activities that modify or increase 
the height of the crane such as ``jumping.'' (ID-0156.1.) ``Jumping'' 
(or ``climbing'') refers to the process of adding mast sections to a 
tower crane to increase its height. In many cases a tower crane is 
first erected and used at one height, and then as the height of the 
structure being built increases, the height of the tower crane is 
increased in stages to keep pace with it.
    Irrespective of whether the crane is initially erected to its full 
height, or is ``jumped'' in stages, the process of increasing the 
height of the crane is an assembly/erection process. Sections 1926.1403 
through 1926.1406 apply whenever the crane's height is modified. To 
ensure that this intent is reflected in the standard, OSHA has added a 
sentence to the definition of ``assembly/disassembly'' in Sec.  
1926.1401 to this effect.

[[Page 47937]]

    In proposed Sec.  1926.1401, ``assembly/disassembly'' was defined 
to mean ``the assembly and/or disassembly of equipment covered under 
this standard.'' With regard to tower cranes, `erecting and climbing' 
replaces the term `assembly,' and `dismantling' replaces the term 
`disassembly.' C-DAC did not originally include a definition of 
``assembly/disassembly,'' but OSHA included this definition in the 
proposed rule to avoid any implication that Sec. Sec.  1926.1403-
1926.1406 do not apply to tower cranes because the terms ``assembly'' 
and ``disassembly'' are not commonly used in the industry in referring 
to tower cranes. Instead, the words ``erecting,'' ``climbing,'' and 
``dismantling,'' are used, and the definition of ``assembly/
disassembly'' makes it clear that Sec. Sec.  1926.1403-1926.1406 also 
apply to tower cranes.
Section 1926.1403 Assembly/Disassembly--Selection of Manufacturer or 
Employer Procedures
    Final Sec.  1926.1403 requires that when assembling or 
disassembling equipment (or attachments), the employer must comply with 
all manufacturer prohibitions applicable to assembly and disassembly 
and must also comply with either manufacturer procedures, or employer 
procedures, for assembly and disassembly. Employer procedures may be 
used only where the employer can demonstrate that the procedures used 
meet the requirements in Sec.  1926.1406 and may not be used during 
rigging if the employer uses synthetic slings, as explained in the 
discussion below regarding Sec.  1926.1404(r).
    Two commenters suggested that only manufacturer procedures for 
crane assembly/disassembly be allowed. (ID-0151.1; -0305.1.) One of 
these commenters clarified its comment at the hearing (ID-0343.) and 
confirmed this clarification in post-hearing submissions (ID-0387.1.) 
that they did not believe the assembly/disassembly procedures should be 
limited to just manufacturer procedures. The commenter suggested using 
a procedure designed by a registered professional engineer or by a 
qualified person. (ID-0387.1.) Note that Sec.  1926.1406(b) of the 
final rule requires employer procedures to be developed by a qualified 
person.
    As explained in the proposed rule preamble, the Committee members 
discussed whether employers should be required to comply with the 
manufacturer's procedures, or if deviations from those procedures 
should be allowed. The Committee determined that deviations should be 
allowed for two reasons. First, manufacturers' procedures are typically 
designed for use in ``ideal'' environments: Large, flat, dry, 
unencumbered open areas. However, in C-DAC's experience, such 
conditions are not typical, especially in urban areas. Consequently, 
employers are currently unable to implement those procedures in those 
situations. Second, members were of the view that there is often more 
than one way to safely assemble and disassemble a crane, and that it is 
unnecessary to mandate that in every case the manufacturer procedures 
be used. The inclusion of specific requirements in the standard that 
employer procedures must meet (see Sec.  1926.1406) addresses the 
concern that those procedures ensure worker safety.
    Another commenter suggested that employer procedures not be allowed 
for climbing operations unless approved by the manufacturer. (ID-
0137.1.) As explained in the discussion below regarding Sec.  
1926.1404(r), the Agency has decided to require manufacturer procedures 
to be used with regard to the use of synthetic slings. Since the 
commenter has not provided information substantiating the need for 
manufacturer approval with respect to deviation from climbing 
procedures, the Agency is unaware of any basis to conclude that the 
requirements in Sec. Sec.  1926.1403 and 1926.1406 would be inadequate 
to ensure the safety of employer procedures in this regard. Therefore, 
OSHA has decided not to adopt the commenter's suggestion.
    Another commenter suggested that if the Agency is going to allow 
employer procedures, a written copy should be required to be kept on 
the job site for the use of the entire crew. (ID-0178.1.)
    The final rule requires that the A/D director understand the 
assembly/disassembly procedures. In addition, the A/D director must 
review the assembly/disassembly procedures prior to starting the 
assembly/disassembly process unless the A/D director is experienced in 
having used them on the same type and configuration of equipment and is 
able to recollect the procedures such that review is unnecessary. (See 
Sec.  1926.1404(b).) Furthermore, before beginning assembly/disassembly 
operations, the A/D director must determine that the crew members 
understand their tasks and the associated hazards, as well as any 
hazardous positions/locations that they need to avoid. (See Sec.  
1926.1404(d).) These requirements ensure that both the A/D director and 
crew members understand the assembly/disassembly procedures that are 
going to be undertaken.
    C-DAC declined to require the procedures to be in writing and at 
the site. In some cases, the procedures are not complex and are very 
familiar to the A/D director. In such cases C-DAC determined that 
having them in writing is not necessary. In other cases, such as where 
the procedures are complex, the equipment is new to the employer, or 
the A/D director has not often assembled/disassembled the equipment, 
there is an inherent incentive for the employer to have them in 
writing. In such instances, OSHA expects that the employer will have 
written procedures on site to facilitate meeting the requirements in 
Sec. Sec.  1926.1404(b) and (d). The Agency therefore finds that it is 
not necessary to have a requirement that they be in writing and at the 
site.
    Lastly, a commenter suggested that this section incorporate by 
reference the ANSI/ASSE A10.31 American National Standard, Safety 
Requirements, Definitions and Specifications for Digger Derricks. (ID-
0178.1.) Because the commenter did not explain how incorporating this 
standard would make the final rule more effective, OSHA has decided not 
to incorporate ANSI/ASSE A10.31 into Sec.  1926.1403.
    In the proposed rule, Sec.  1926.1404(n) set forth the requirement 
(now set forth in this section) that an employer must comply with 
manufacturer prohibitions. The Agency decided that this important 
caveat to Sec.  1926.1403 would be better understood if it was moved to 
this section. Therefore, Sec.  1926.1404(n) is now reserved and its 
text is integrated in this section.
    Additionally, OSHA has substituted an ``or'' in place of the 
``and'' separating ``assembling'' and ``disassembling'' to clarify that 
the listed requirements apply when the employer is assembling or 
disassembling. Finally, a reference to Sec.  1926.1404(r) has been 
added to Sec.  1926.1403(b) to clarify when employer procedures may not 
be used.
Section 1926.1404 Assembly/Disassembly--General Requirements (Applies 
to All Assembly and Disassembly Operations)
Paragraph (a) Supervision--Competent--Qualified Person
    Section 1926.1404(a) requires assembly/disassembly to be directed 
by a person who meets the criteria for both a competent person and a 
qualified person, or by a competent person who is assisted by one or 
more qualified persons (``A/D director''). Where the assembly/
disassembly is being performed by only one person, that person must 
meet the criteria for both a competent person and a qualified person. 
For purposes of this standard,

[[Page 47938]]

that person is considered the A/D director.
    Section 1926.1401 defines ``A/D director'' as ``an individual who 
meets this standard's requirements for an A/D director, irrespective of 
the person's formal job title or whether the person is non-management 
or management personnel.'' C-DAC constructed the definition in this way 
to make clear that it is the substance of the individual's 
qualifications, and not his or her job title or position in the company 
hierarchy, that determines whether the person is qualified to act as an 
A/D director.
    In the proposed rule, OSHA used the term ``A/D supervisor.'' Some 
commenters objected by written submission and at the hearing to the use 
of the word ``supervisor'' in this provision. (ID-0182.1; -0199.1; -
0172.1; -0341.) They were concerned that the use of this term would 
imply that anyone who serves in this role under Sec.  1926.1404 would 
be considered a supervisor under the National Labor Relations Act 
(``NLRA'').\19\ Their objections are rooted in the fact that the word 
``supervisor'' is used and defined in the NLRA. The commenters' only 
objection to Sec.  1926.1404(a) was the use of the term ``supervisor''; 
they did not object to the actual duties or prerequisites spelled out 
in the proposed rule applicable to this individual/team. Several 
commenters suggested that the word ``supervisor'' be replaced with the 
term ``designated individual'' and that the regulatory text be amended 
to definitively indicate that OSHA has no intention of creating NLRA 
implications by use of the term. (ID-0182.1; -0199.1; -0172.1.)
---------------------------------------------------------------------------

    \19\ 29 U.S.C. 159-169 (1935).
---------------------------------------------------------------------------

    The use of ``supervisor'' in this rule would not be determinative 
of supervisor status under the NLRA.\20\ Nonetheless, OSHA understands 
the commenters' concerns that workers in the industry may be confused 
by the use of this term. However, the term ``designated individual,'' 
suggested by a labor representative and other commenters, could also 
cause confusion, since it is ambiguous as to whether that person had 
been granted the authority to correct hazards. Such ambiguity in the 
minds of the A/D crew members regarding the authority of the A/D 
supervisor would undermine the effectiveness of the provision itself.
---------------------------------------------------------------------------

    \20\ With ``A/D supervisor,'' OSHA was merely creating a 
descriptive term for use solely in the application of an OSHA 
standard. OSHA's use of the term is a less significant designation 
for the purposes of the NLRA than even a job title, which is itself 
not determinative under the NLRA. See, e.g., N.L.R.B. v. St. Mary's 
Home, Inc., 690 F.2d 1062, 1066 (4th Cir. 1982) (``As the [NLRB] 
itself has put it, `job titles are meaningless).
---------------------------------------------------------------------------

    Therefore, OSHA has decided to use the term ``A/D director.'' 
``Director'' is not a defined term in the NLRA nor does it have any 
particular significance as a job title with respect to NLRA 
jurisprudence. Furthermore, like ``A/D supervisor,'' it is consistent 
with C-DAC's intent to use a term that conveys the concept of authority 
to oversee the assembly/disassembly process. To remain consistent with 
this new term, in Sec.  1926.1404(a)(1), OSHA has replaced the word 
``supervised'' with ``directed.''
    The A/D director has to meet the definition of both a ``competent'' 
and ``qualified'' person as OSHA defines those terms.\21\ The Committee 
determined that having an A/D director overseeing the assembly/
disassembly process who had both the authority to correct a hazard and 
who had the expertise of a qualified person was necessary to ensure the 
safety of the operation. Several commenters strongly endorsed the new 
A/D director requirement, believing the addition will improve workplace 
safety. (See, e.g., ID-0343.)
---------------------------------------------------------------------------

    \21\ Section 1926.1401, Definitions, defines a ``competent 
person'' as: ``one who is capable of identifying existing and 
predictable hazards in the surroundings or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate 
them.'' Section 1926.1401 defines a ``qualified person'' in this 
proposed standard as: ``One who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training, and experience, has successfully demonstrated 
his ability to solve or resolve problems relating to the subject 
matter, the work, or the project.'' These definitions are 
essentially the same as the definitions in Sec. Sec.  1926.32(f) and 
1926.32(m).
---------------------------------------------------------------------------

    A commenter asserted that the qualifications for A/D directors are 
too abstract and allowed for too much interpretation. The commenter 
suggests that the qualifications for an A/D director should be more 
similar to the requirements for operator certification in Sec.  
1926.1427. (ID-0137.1.)
    C-DAC thoroughly discussed the necessary qualifications for an A/D 
director and determined that the best option for ensuring employee 
safety during assembly/disassembly was to require an A/D director to be 
both a qualified and a competent person. (See ID-0321.5.) Furthermore, 
the terms qualified person and competent person and their definitions 
are well established and well recognized in the construction industry. 
For these reasons, OSHA is deferring to the judgment of the Committee 
and is not making the suggested change.
Paragraphs (b) Knowledge of the Procedures and (c) Review of the 
Procedures
    Section 1926.1404(b) requires that the A/D director understand the 
assembly/disassembly procedures. In addition, Sec.  1926.1404(c) 
requires the A/D director to review the procedures immediately prior to 
starting the process unless the director's experience in having used 
them on the same type and configuration of equipment, and recollection 
and understanding of the procedures is such that it makes their review 
unnecessary.
    These two sections work together to ensure that an experienced A/D 
director understands the procedures. Even if an A/D director has 
experience, he/she must still meet the knowledge requirement in Sec.  
1926.1404(b). For example, if an A/D director configured a type of 
crane a number of years ago and no longer remembers the procedures 
applicable to such a crane, he/she does not fall within the experienced 
A/D director exception, and must, accordingly, review the procedures 
immediately prior to starting the process.
    No comments were received on these provisions. They are promulgated 
as proposed except that, in addition to a grammatical clarification, 
Sec.  1926.1404(c) now contains a clearer knowledge requirement to 
clarify the interplay between Sec. Sec.  1926.1404(b) and 1926.1404(c), 
as described above.
Paragraph (d) Crew Instructions
    Under this provision, before beginning assembly/disassembly 
operations, the A/D director would have to ensure that the crew members 
understand their tasks and the associated hazards, as well as any 
hazardous positions/locations that they need to avoid.
    No comments were received on this provision. It is promulgated as 
proposed except that ``ensure'' replaces ``determine,'' to better 
represent the role of the A/D director.
Paragraph (e) Protecting Assembly/Disassembly Crew Members Out of 
Operator View
    Section 1926.1404(e) requires that before a crew member goes to a 
location that is out of view of the operator and is either in, on, or 
under the equipment, or near the equipment (or load) where the crew 
member could be injured by movement of the equipment (or load), the 
crew member must inform the operator that he/she is going to that 
location. Where the operator knows that a crew member went to a 
location

[[Page 47939]]

covered by paragraph (e)(1) of this section, the operator must not move 
any part of the equipment (or load) until the operator is informed in 
accordance with a pre-arranged system of communication that the crew 
member is in a safe position. An example of such a system would be the 
use of a signal person who gives an all-clear signal to the operator 
once the signal person sees that the employee has exited the hazard 
area. Another example would be where the employee in the hazard area is 
equipped with a portable air horn and, in accordance with a pre-
arranged horn signal system, sounds an appropriate signal to the 
operator that the employee has exited the hazard area. To be effective, 
the pre-arranged signal system needs to be designed so that this all-
clear signal could not be confused with a horn signal from some other 
employee for another purpose.
    One of the hazards identified by the Committee is an operator 
swinging or moving the crane/derrick when assembly/disassembly 
personnel are in a crush/caught-in-between zone and out of the 
operator's view. The Committee concluded that an effective and 
practical means of preventing these accidents would be through a 
communication procedure that would provide key information to, and 
coordination between, the operator and these workers.
    One Committee member suggested that instead of requiring that the 
crew member directly inform the operator of his/her location, the rule 
should permit the crew member to provide this information to the 
operator through a third person. For example, the crew member would 
instruct his/her foreman to radio the information to the operator. OSHA 
requested public comment on this suggestion in the preamble of the 
proposed rule (see 73 FR 59743, Oct. 9, 2008).
    Several commenters stated that the requirements should remain as 
originally proposed and the Agency should not allow notification 
through a third person. (ID-0205.1; -0213.1; -0182.1; -0187.1; -
0379.1.) One commenter believed that third party notification could 
result in miscommunication or delays. (ID-0226; -0357.1.)
    One commenter testified that introducing a third person into the 
communications link would not present any danger so long as there was 
some verbal confirmation. (ID-0344.)
    OSHA agrees with C-DAC and the majority of the commenters. Indirect 
communication between the crane operator and the employee working out 
of view, through an intermediary, would increase the potential for 
miscommunication. Therefore, the Agency has not changed the provisions 
to allow third party notification.
    Commenters raised additional issues regarding Sec.  1926.1404(e). 
Proposed Sec.  1926.1404(e) provided two methods to assure that 
employees would not be injured while working outside of the operator's 
view. Under proposed Sec.  1926.1404(e)(2)(i), the operator would give 
a warning that is understood by the crew member as a signal that the 
equipment (or load) is about to be moved and would allow time for the 
crew member to get to a safe position. Under proposed Sec.  
1926.1404(e)(2)(ii), the operator was prohibited from moving any part 
of the crane until informed, in accordance with a pre-arranged system 
of communication, that the crew member is in a safe position.
    Two commenters raised concerns regarding crew members actually 
hearing warnings that were given in accordance with proposed Sec.  
1926.1404(e)(2)(i). One commenter suggested that the operator should be 
required to confirm that the employee has moved to a safe location 
prior to initiating crane movement. (ID-0292.1.) Another commenter 
suggested that a prearranged communications system should be required 
because audible warnings can be drowned out by ambient noise. (ID-
0122.)
    These comments identified two flaws in proposed Sec.  
1926.1404(e)(2)(i) that were not addressed by C-DAC. First, a crew 
member may not hear a warning signal that the equipment or load is 
about to move and may not respond appropriately. Second, the crew 
member may hear the warning signal but be unable to move from his/her 
position. This would leave the crew member exposed to struck-by and 
crushing hazards. As a result, the Agency has revised the provision by 
deleting the option that was in proposed Sec.  1926.1404(e)(2)(i). 
Proposed Sec.  1926.1404(e)(2) is otherwise included as proposed except 
for one grammatical correction.
Paragraph (f) Working Under the Boom, Jib or Other Components
    Section 1926.1404(f) requires that when pins (or similar devices) 
are being removed, employees must not be under the boom, jib, or other 
components, except where the employer demonstrates that site 
constraints require employees to be so positioned. In such instances 
the A/D director must implement procedures that minimize the risk of 
unintended dangerous movement and minimize the duration and extent of 
exposure under the boom. An example of such procedures is provided in 
non-mandatory Appendix B.
Paragraph (g) Capacity Limits
    This provision requires that the rated capacity limits for loads 
imposed on the equipment, each of its components (including rigging), 
lifting lugs and equipment accessories being assembled or disassembled 
not be exceeded. The provision applies ``during all phases of assembly/
disassembly.'' (See the discussion of this provision at 73 FR 59744, 
Oct. 9, 2008.) Note that where an assist crane is being used during the 
assembly/disassembly of another crane/derrick, the requirements for 
rated capacity during operations must be met under Sec.  1926.1417(o), 
Compliance with rated capacity, with respect to the assist crane.
    No comments were received on this provision. It is promulgated as 
proposed except for one grammatical correction.
Paragraph (h) Addressing Specific Hazards
    Section 1926.1404(h) requires that the A/D director supervising the 
assembly/disassembly operation address known hazards associated with 
the operation with methods to protect the employees from them, and 
provides a list of specific hazards that are likely to cause serious 
injury or death. The A/D director must consider each hazard, determine 
the appropriate means of addressing it, and oversee the implementation 
of that method.
    No comments were received on this provision. It is promulgated as 
proposed with a grammatical clarification and the addition of the words 
``which include'' at the end of the introductory language to 
acknowledge the employer's existing responsibility under Sec.  5(a)(1) 
of the OSH Act (the ``general duty clause'') to address other 
recognized hazards not listed in this paragraph.
Paragraph (h)(1) Site and Ground Bearing Conditions
    This provision works in conjunction with Sec.  1926.1402, which 
addresses ground conditions for both assembly/disassembly and use of 
the equipment, including ground condition criteria. Section 
1926.1404(h)(1) requires the A/D director to assess the ground 
conditions for conformance with those criteria, and to assess the site 
for suitability for assembly and disassembly. (See the discussion of 
this provision at 73 FR 59744, Oct. 9, 2008.) No comments were received 
on this provision; it is promulgated as proposed.

[[Page 47940]]

Paragraphs (h)(2) Blocking Material and (h)(3) Proper Location of 
Blocking
    These two provisions address the hazards associated with inadequate 
blocking. Section 1926.1404(h)(2) requires the size, amount, condition 
and method of stacking the blocking to be sufficient to sustain the 
loads and maintain stability. Section 1926.1404(h)(3) requires that 
when used to support booms or components, blocking must be 
appropriately placed to protect the structural integrity of the 
equipment, and prevent dangerous movement and collapse.
    ``Blocking'' (also referred to as ``cribbing'') is defined in Sec.  
1926.1401 as ``wood or other material used to support equipment or a 
component and distribute loads to the ground. Typically used to support 
latticed boom sections during assembly/disassembly and under outrigger 
floats.'' This definition is from A Glossary of Common Crane and 
Rigging Terms, a publication by the Specialized Carriers & Rigging 
Foundation (``SC&RF Handbook''). (ID-0035.)
    Proper blocking plays an important role in assembly/disassembly 
safety by reducing the risk of injuries from unplanned movement or the 
collapse of equipment. (See the discussion of blocking at 73 FR 59744, 
Oct. 9, 2008.)
    One commenter suggested including a strength requirement for 
blocking. (ID-0053.1.) OSHA determines that the provision as proposed, 
which requires that the ``size, amount, condition and method of 
stacking blocking must be sufficient to sustain the loads and maintain 
stability,'' appropriately addresses blocking strength. Therefore, OSHA 
has not made a change to the wording of the provision in this regard.
    The version of paragraph (h)(3) in the proposed rule was applicable 
only to lattice booms and components. In the proposed rule's preamble, 
OSHA asked for public comment on whether the provision should also 
apply to other types of booms and components (i.e., those for hydraulic 
cranes). (See the discussion of this provision at 73 FR 59745, Oct. 9, 
2008.)
    Several commenters stated that proper blocking is necessary for 
hydraulic cranes in addition to lattice boom cranes. (ID-0213.1; -
0205.1; -0118.1.) In addition, hearing testimony also indicated that 
there is a need for this requirement to apply to hydraulic cranes 
because they are sometimes assembled or disassembled, at least 
partially, in the field. (See ID-0343.1.)
    OSHA has concluded that the requirement is necessary for both 
hydraulic and lattice boom cranes and components. At times, portions of 
hydraulic cranes are assembled and disassembled in the field and need 
proper blocking. As a result, the word ``lattice'' in the proposed 
provision's language has not been included in the final rule so that 
the provision applies to hydraulic cranes and components as well as 
lattice boom cranes and components.
Paragraph (h)(4) Verifying Assist Crane Loads
    This paragraph requires that, when using an assist crane, the loads 
that will be imposed on the assist crane at each phase of assembly/
disassembly must be verified in accordance with Sec.  1926.1417(o)(3). 
The purpose of this requirement is to avoid exceeding the assist 
crane's rated capacity. ``Assist crane'' is defined in Sec.  1926.1401 
as ``a crane used to assist in assembling or disassembling a crane.'' 
When used for this purpose, an ``assist crane'' is subject to all 
applicable provisions of this standard, including the requirement of 
Sec.  1926.1417(o) that it not be used in a manner that exceeds its 
rated capacity. (See the discussion of this provision at 73 FR 59745, 
Oct. 9, 2008.)
    No comments were received on this provision; it is promulgated as 
proposed except that the purpose of the requirement is now included 
above in the preamble, rather than in the rule text, to increase the 
clarity of the requirement.
Paragraph (h)(5) Boom and Jib Pick Points
    This provision would require the A/D director to address the hazard 
of using improper boom and jib pick points. Specifically, the points of 
attachment of rigging to a boom/jib or boom/jib section(s) must be 
suitable for preventing structural damage. Such damage could compromise 
structural integrity and, in some cases, may not be immediately 
noticed. If that component were nonetheless used, the boom/component 
could fail.
    The points of attachment also need to facilitate the safe handling 
of these components. (See the discussion of this provision at 73 FR 
59745, Oct. 9, 2008.) No comments were received on this provision; it 
is promulgated as proposed.
Paragraph (h)(6) Center of Gravity
    In a variety of instances the method used for maintaining stability 
during assembly/disassembly depends on supporting or rigging a 
component (or set of components) so that it remains balanced throughout 
the process. In such instances the A/D director is required to identify 
the center of gravity of the load. (See the discussion of this 
provision at 73 FR 59745, Oct. 9, 2008.) No comments were received on 
this provision. It is promulgated as proposed except for one 
grammatical change.
Paragraph (h)(7) Stability Upon Pin Removal
    This paragraph requires that each of the following must be rigged 
or supported to maintain stability upon the removal of the pins: Boom 
sections, boom suspension systems (such as gantry A-frames and jib 
struts), and components. ``Boom suspension system'' is defined in Sec.  
1926.1401 as ``a system of pendants, running ropes, sheaves, and other 
hardware which supports the boom tip and controls the boom angle.'' 
This definition is the same as that for ``boom suspension'' in the 
SC&RF Handbook. (See the discussion of this provision at 73 FR 59745, 
Oct. 9, 2008.)
    No comments were received on this provision; it is promulgated as 
proposed except that the conjunctive ``and'' is substituted for ``or'' 
to make it clear that all three of the listed items (boom sections, 
boom suspension systems, and components) must be properly rigged, not 
just any one of those.
Paragraph (h)(8) Snagging
    As explained in the preamble to the proposed rule, ``snagging'' 
occurs when pendant cables hung alongside the boom are caught 
(``snagged'') on the pins, bolts, or keepers as the operator raises the 
boom (see 73 FR 59746, Oct. 9, 2008.) Snagging could damage the cables 
or other equipment and result in injury. This paragraph requires that 
suspension ropes and pendants not be allowed to catch on the boom or 
jib connection pins or cotter pins (including keepers and locking 
pins). The definition for pendants can be found in Sec.  1926.1401. 
This definition is similar to that in the SC&RF Handbook, but with the 
addition of the reference to ``bar type'' pendants. (See the discussion 
of this provision at 73 FR 59746, Oct. 9, 2008). No comments were 
received on this provision; it is promulgated as proposed.
Paragraph (h)(9) Struck by Counterweights
    Final Sec.  1926.1404(h)(9) requires the A/D director to address 
the potential for unintended movement from inadequately supported 
counterweights and from hoisting counterweights. ``Counterweight'' is 
defined in Sec.  1926.1401 as a ``weight used to supplement the weight 
of equipment in providing stability for lifting loads by 
counterbalancing those loads.'' This

[[Page 47941]]

definition is taken from the SC&RF Handbook. (See the discussion of 
this provision at 73 FR 59746, Oct. 9, 2008.)
    No comments were received on this provision; it is promulgated as 
proposed except that OSHA has replaced the adjective ``unexpected'' 
with ``unintended'' to remain consistent throughout this section.
Paragraph (h)(10) Boom Hoist Brake Failure
    This provision addresses a hazard that can occur both during 
assembly and disassembly, although it is more typically a hazard during 
assembly. In many older cranes the boom hoist brake mechanism has an 
external or internal mechanical brake band that operates by pressing 
against the hoist drum. As the configuration of the crane changes and, 
for example, more boom is added, this type of boom hoist brake may slip 
unless it has been adjusted to hold the extra weight. The Committee was 
concerned that the inability of an unadjusted brake to hold the 
increased load will not be evident until the additional boom section(s) 
has been added and the operator attempts to rely on the brake in a 
subsequent phase of the operation. If the operator does not first raise 
the boom a small amount after the section has been added (with the crew 
clear of the boom) to test the brake, employees could be injured later 
in the process when the operator manipulates the boom and finds that 
he/she is unable to brake it.
    To address this hazard, the employer is required to test the brake 
to determine if it can hold the load. In many cases, if it is 
insufficient, an adjustment to the brake will correct the problem. If 
it remains insufficient, the employer is required to use a boom hoist 
pawl, other locking device, back-up braking device, or another method 
of preventing dangerous boom movement (such as blocking or using an 
assist crane to support the load) from a boom hoist brake failure.
    The Agency was concerned that the text of the proposed provision 
was not sufficiently clear regarding the timing of this brake test, so 
it solicited public comment on this issue. OSHA's interpretation was 
that the test would need to be done immediately after each section (or 
group of sections) is installed, and after all sections are in place 
(see 73 FR 59746, Oct. 9, 2008).
    One commenter recommended revising the provision to specify that 
the brake be tested prior to the commencement of lifting. (ID-0214.1.) 
However, two other commenters wrote that the regulatory text should 
remain as is and should not specify when to perform the brake test. 
They point out that C-DAC's intent in Sec.  1926.1404(h) was to 
identify hazards and require that they be addressed by the A/D 
director. C-DAC designed Sec.  1926.1404(h) so that, for the most part, 
the A/D director could determine the procedures (or how to implement 
specified requirements) that would be best suited in each situation to 
protect against those hazards. They also state that, in some cases, the 
specific procedure that OSHA referred to in the proposed rule preamble 
could result in a greater hazard. (ID-0205.1; 0213.1.)
    OSHA agrees that specifying an overly-detailed procedure to address 
this hazard would be inappropriate given the myriad of circumstances in 
which this issue may arise. However, the Agency also determined that 
the proposed rule's regulatory text did not identify the purpose of the 
provision with sufficient clarity. Therefore, the final standard does 
not specify that the test has to be performed at a certain time that is 
tied to the installation of any particular section, but instead 
requires a test whenever the A/D director will be relying on the boom 
hoist brake to function properly. In short, the test needs to be 
performed, prior to reliance being placed on the brake, and the test 
needs to accurately account for the loads that will be placed on the 
brake. The provision in the final rule, therefore, requires the boom 
hoist brake to be tested prior to each time reliance on the boom hoist 
brake is anticipated.
Paragraph (h)(11) Loss of Backward Stability
    The Committee identified three points during the assembly/
disassembly process at which there is a heightened risk of loss of 
backward stability. These are: when swinging the upperworks, during 
travel, and when attaching or removing equipment components. Therefore, 
under this provision, before any of these occur, the A/D director is 
required to consider whether precautions need to be instituted to 
ensure that backward stability is maintained. No comments were received 
on this provision. However, OSHA is not including the drawing described 
as Figure 1 in the proposed rule. See the discussion of the removal of 
this figure below in Sec.  1926.1405. Except for the removal of any 
reference to figure 1, OSHA is promulgating the provision as proposed.
Paragraph (h)(12) Wind Speed and Weather
    Section 1926.1404(h)(12) requires the A/D director to address 
hazards caused by wind speed and weather to ensure that the safe 
assembly/disassembly of the equipment is not compromised.
    The Committee considered the option of establishing a maximum wind 
speed, as well as the option of incorporating ANSI's provisions 
regarding wind speed. However, it determined that selecting any one 
particular speed as a maximum would be arbitrary because of the variety 
of factors involved. For example: different cranes and crane types vary 
with respect to the ``sail'' area they present; an assembly process 
involving use of an assist crane may require lower wind speeds than one 
in which no assist crane is used; and assembly/disassembly operations 
done ``in the air'' (that is, with the boom elevated in the air, 
without ground support for the boom) may require lower wind speeds than 
a boom assembled/disassembled on the ground. The Committee ultimately 
decided that a better approach would be to have the A/D director 
determine the maximum safe wind speed under the circumstances.
    Other weather conditions that can affect the safety of assembly/
disassembly would include, for example, ice accumulation on crane 
components. Ice can both add to the weight of the components and create 
slippery, dangerous surfaces on which employees work. The A/D director 
must address weather conditions that affect the safety of the 
operation. No comments were received on this provision; it is 
promulgated as proposed with a slight rewording for clarity.
Paragraph (i) [Reserved.]
Paragraph (j) Cantilevered Boom Sections
    Members of the Committee determined that a common mistake in 
assembly/disassembly is cantilevering too much boom. When too much boom 
is cantilevered, structural failure can occur in components such as the 
mast/gantry, boom sections and lifting lugs. Employees may be struck by 
falling components from this type of failure. To prevent accidents from 
cantilevering too much boom during assembly/disassembly, this provision 
requires manufacturer's limitations on cantilevering not to be 
exceeded.
    If the manufacturer's limitations are not available, the employer 
is required to have a registered professional engineer (RPE) determine 
the appropriate limitations, and to abide by those limitations. The 
Committee concluded that in such cases there would need to be a 
requirement that the RPE's determination be in writing to ensure that 
the assessment has been done.

[[Page 47942]]

    This provision is promulgated as proposed with one grammatical 
correction to make it clear that it is the limitations that must not be 
exceeded.
Paragraph (k) Weight of Components
    As with any load to be lifted by a crane/derrick, the weight of the 
components must be available to the operator so that the operator can 
determine if the lift can be performed within the crane/derrick's 
capacity. This requirement applies irrespective of whether the 
component is being hoisted by the crane being assembled/disassembled or 
by an assist crane.
    No comments were received on this provision. OSHA is promulgating 
this provision largely as proposed, but has modified the text to make 
it clear that assembly/disassembly is prohibited when the weight of 
each of the components is not readily available.
Paragraph (l) [Reserved.]
Paragraph (m) Components and Configuration
    This provision deals with the selection of components that will be 
used to comprise the crane/derrick, the configuration of the equipment, 
and its inspection upon completion of assembly. (See the discussion of 
this provision at 73 FR 59747, Oct. 9, 2008.)
    No comments were received on this provision. However, to be 
consistent with the requirements of Sec.  1926.1403, the word 
``prohibition'' has been added to Sec.  1926.1404(m)(1)(i); otherwise, 
it is promulgated as proposed with the addition of commas to clarify 
that this paragraph only applies to the selection of components and 
configuration to the extent that either one affects the capacity or 
safe operation of the equipment.
    Note that another section (Sec.  1926.1434) allows cranes/derricks 
to be modified under certain circumstances. To the extent a crane/
derrick is modified in accordance with Sec.  1926.1434, the employer is 
not required to follow the manufacturer's original instructions, 
limitations and specifications regarding component selection and 
configuration regarding those modifications. Instead, under Sec.  
1926.1404(m)(1)(ii), the employer is required to follow the component 
selection and configuration requirements approved in accordance with 
Sec.  1926.1434.
Paragraph (n)
    For clarity, OSHA has reserved this paragraph and incorporated its 
substance in Sec.  1926.1403, as explained above in the discussion 
regarding Sec.  1926.1403. (See the discussion of this provision at 73 
FR 59747, Oct. 9, 2008.)
Paragraph (o) Shipping Pins
    This provision requires reusable shipping pins, straps, links and 
similar equipment to be removed. Once they are removed they must either 
be stowed or otherwise stored so that they do not present a falling 
object hazard. No comments were received for this paragraph; it is 
promulgated as proposed.
Paragraph (p) Pile Driving
    This provision prohibits equipment used in pile driving operations 
from having a jib attached. An attached jib could be dislodged during 
pile driving operations and cause structural damage to the boom, 
potentially causing the boom to fail or diminishing its capacity. (See 
the discussion of this provision at 73 FR 59748, Oct. 9, 2008.) No 
comments were received on this provision; it is promulgated as 
proposed.
Paragraph (q) Outriggers and Stabilizers
    This paragraph specifies requirements regarding outriggers. (See 
the discussion of this paragraph at 73 FR 59748, Oct. 9, 2008.)
    OSHA received several comments with regard to Sec.  1926.1404(q)(2) 
in relation to stabilizers. One commenter stated that it is necessary 
to add the term ``stabilizers'' to the regulatory text for the 
provision to properly apply to articulating cranes. (ID-0206.1.) The 
commenter explains that, as opposed to outriggers, which are designed 
to take all load off of the tires, stabilizers are designed to relieve 
some, but not all, of the sprung weight for the purpose of increasing 
the stability of the vehicle. The commenter believes that the provision 
as written in the proposed rule would lead to improper use of 
stabilizers in such a way that is dangerous and against manufacturer 
recommendations. A second commenter emphasized that cranes equipped 
with stabilizers (and not outriggers) do not raise the wheels off the 
ground. (ID-0292.)
    OSHA agrees with the commenters that it is necessary to address 
stabilizers in Sec.  1926.1404(q). With the exception of Sec.  
1926.1404(q)(2), the term ``stabilizers'' has been added so that each 
provision also applies to stabilizers. Section 1926.1404(q)(2) does not 
apply to stabilizers because they are not designed to remove all weight 
from the vehicle's wheels.
    One comment was received in regards to Sec.  1926.1404(q)(4). Under 
that provision, each outrigger must be visible to the operator or to a 
signal person during extension and setting. The commenter suggested 
that the requirement be modified so that it would also apply to the 
retraction of outriggers. (ID-0053.1.) The commenter indicated that 
employees can be subject to crushing and pinching hazards during 
outrigger retraction and this would be less likely to occur if it the 
outrigger had to be visible to the operator or signal person during 
retraction.
    OSHA agrees that crushing and pinching hazards exist during 
outrigger retraction. However, Sec.  1926.1404(q) is designed to 
prevent the overturning of the crane; it does not address the crushing 
and pinching hazards posed by operation of the equipment in struck-by 
or crushed/by locations outside the operator's view. The final rule 
contains other provisions that are designed to address such hazards. 
(See, e.g., Sec.  1926.1404(e).) Therefore, the Agency is not 
incorporating the commenter's suggestion into Sec.  1926.1404(q) and is 
promulgating the provision largely as proposed.
Paragraph (r) Rigging
    This paragraph specifies requirements regarding rigging during the 
crane assembly/disassembly process. It includes a requirement for a 
qualified rigger and sets forth specifications regarding the use of 
synthetic slings.
    C-DAC did not focus on the proper use of synthetic sling rigging 
during the crane assembly/disassembly process, primarily because 
another standard--29 CFR 1926 Subpart H (Materials handling, storage, 
use, and disposal)--already addresses some of the hazards associated 
with the use of synthetic slings in construction.
    However, after C-DAC completed its work, a catastrophic crane 
collapse resulted in a reevaluation of subparts N and H with regard to 
synthetic slings and rigging expertise. On March 15, 2008, a tower 
crane in New York City collapsed, killing six construction workers. 
OSHA's investigation of that incident focused on the use of synthetic 
slings to hold a bracing collar that was being installed.
    The Agency determined that neither subpart H (Rigging equipment for 
material handling) nor subpart N specifically address the hazard posed 
when a synthetic sling is used in a manner causing compression or 
distortion of a sling, or when the sling is in contact with a sharp 
edge. The Agency asked for public comment on whether to prohibit using 
synthetic slings altogether in the assembly/disassembly process or, 
alternatively, to

[[Page 47943]]

require padding or similar measures to protect the slings from being 
damaged (see 73 FR 59742, Oct. 9, 2008).
    Commenters generally opposed prohibiting the use of synthetic 
slings during assembly/disassembly, as long as appropriate precautions 
are taken. (See, e.g., ID-0205.1; -0213.1; -0343.) Specifically, 
commenters stated that synthetic slings have the advantage of helping 
to prevent damage to equipment components, but need to be protected 
from cuts, compression, distortion and reduction of capacity, by the 
use of ``softeners'' (i.e., padding). (See, e.g., ID-0187.1; -0343.) 
One commenter testified that it does not oppose synthetic slings if 
they are listed in the manufacturer's procedures or if they are not 
specifically prohibited by the manufacturer. (ID-0343.) Some commenters 
also emphasized the need for such slings to be properly rated and 
inspected. (See, e.g., ID-0226.) Another commenter recommended 
requiring rigging equipment for material handling to be inspected. One 
commenter advocated prohibiting synthetic slings used in conjunction 
with tower crane erection, unless the manufacturer specifically allows 
their use. (ID-0156.)
    Commenters also suggested adding requirements regarding the 
qualifications and training of riggers. Specifically, several 
commenters suggested requiring certification of riggers similar to 
operator certification requirements in Sec.  1926.1427. (ID-0126; -
0132.1; -0136; -0204.1; -0311.1; -0362.1.) One commenter opposed 
certification, but supported requiring training. Another suggested 
third party certification or licensing of supervisors. (ID-0156.1.) 
Another advocated employer qualification of riggers. (ID-0197.1.)
    OSHA acknowledges that synthetic slings have certain advantages, 
such as preventing damage to equipment components, and no commenters 
advocated a prohibition in all instances. OSHA has therefore decided 
not to prohibit the use of synthetic slings in assembly/disassembly. 
There must, however, be adequate safeguards for their use.
    OSHA agrees with the comment that stressed the importance of 
inspecting slings. However, as Sec.  1926.251(a)(1) already requires 
that all rigging equipment be inspected, no additional requirement is 
needed in subpart CC regarding the inspection and removal of synthetic 
slings.
    The Agency finds that it is vital that synthetic slings be 
protected from abrasive, sharp or acute edges, since any of those 
conditions can damage a synthetic sling, resulting in a failure. Also, 
based on its review of the record, the Agency concludes that such 
slings must be protected from configurations that could cause 
compression or distortion of the sling, since that can also cause 
failure. For example, wrapping a synthetic sling through a V-angled 
junction point of steel members in a tower mast section can cause the 
sling to compress and distort under load, compromising its capacity.
    As was demonstrated by the March 2008 collapse in New York City, 
such protection is needed whenever the object that is in contact with 
the sling--whether it is a load or something else, such as a crane 
component used to anchor the sling--has such an edge or configuration. 
Therefore, OSHA is including a requirement in the final Sec.  
1926.1404(r)(2) to protect employees from such synthetic slings hazards 
when used in assembly/disassembly.
    OSHA also learned from its investigation of the March 2008 collapse 
that it is vital that synthetic slings be selected and used properly. 
In particular, the sling manufacturer's recommendations must be 
observed strictly as the capacity ratings set by the manufacturer are 
highly dependent on the sling being used as specified by the 
manufacturer. (See ID-0336.) Consequently, employers, even with the 
assistance of a qualified rigger, will typically not have the ability 
to develop safe alternative procedures regarding their use. Therefore, 
the Agency is including a requirement in the final Sec.  
1926.1404(r)(3) (also noted in Sec.  1926.1403(b)) that when a 
synthetic sling is used during assembly/disassembly, the sling 
manufacturer's instructions, limitations, specifications and 
recommendations must be followed.
    Note that Sec.  1926.1403 requires that the employer ``comply with 
all applicable manufacturer prohibitions.'' Therefore, if a 
manufacturer prohibits the use of synthetic slings during assembly/
disassembly, OSHA prohibits that use of such slings. Furthermore, while 
Sec.  1926.1403 requires the employer to comply with either the 
manufacturer's or the employer's assembly/disassembly procedures (see 
Sec.  1926.1403(a) and (b)), employer procedures may be used only if 
the employer meets a two-prong test. First, the employer must not be 
using synthetic slings. Second, the employer must demonstrate that its 
procedures meet the requirements in Sec.  1926.1406.
    There may be cases in which the equipment manufacturer does not 
prohibit the use of synthetic slings during assembly/disassembly, but 
identifies wire rope slings in its procedures. In such cases, the 
employer may only use synthetic slings if it establishes and implements 
its own procedures under Sec.  1926.1403(b) and can demonstrate that 
those procedures, including the use of synthetic slings, meet the 
criteria requirements in Sec.  1926.1406.
    As noted above, several commenters advocated adding a requirement 
that rigging be performed by qualified riggers. One local government 
stated that although rigging operations are critical to completing 
crane work, rigging operations involve a high level of risk if not 
performed properly. (ID-0362.1.) The local government's experience 
supports the proposition that human error causes most rigging 
accidents. (ID-0362.1.) The New York crane collapse and the subsequent 
OSHA investigation further highlight the dangers associated with 
improper rigging during assembly/disassembly, and the need to address 
this hazard was supported by all of the commenters who addressed this 
issue. OSHA notes that although several commenters pointed to the need 
for qualified riggers early on in the comment process, and again during 
the hearing, no one expressed any disagreement about the need to 
address the hazard by requiring riggers to be qualified. This means of 
addressing the hazard is consistent with the means that C-DAC applied 
when it identified a hazard related to rigging in Sec.  1926.1425(c), 
and the Agency relies on C-DAC's expertise in selecting the appropriate 
method to address a rigging hazard. OSHA is therefore requiring in 
Sec.  1926.1404(r)(1) that all rigging for crane assembly/disassembly 
be performed by a qualified rigger.
    Finally, the fact that the commenters did not limit their 
suggestions on rigging qualifications to rigging synthetic slings leads 
the Agency to conclude that all rigging done for assembly/disassembly, 
irrespective of type, is a safety-critical function. One person 
testified about how he was involved with improper rigging which led to 
the death of his coworker. He stressed the importance of having 
qualified riggers, stating that in his experience most of the accidents 
he has seen and been involved with or investigated have involved 
problems with rigging. (ID-0343.)
    After considering the record, OSHA is including the qualified 
rigger requirement in the final rule and it applies to all rigging used 
for assembly/disassembly.

[[Page 47944]]

Section 1926.1405 Disassembly--Additional Requirements for Disassembly 
of Booms and Jibs (Applies to Both the Use of Manufacturer Procedures 
and Employer Procedures)
    Section 1926.1405 requires that none of the pins in the pendants be 
removed (partly or completely) when the pendants are in tension. In 
addition, none of the pins (top or bottom) on boom sections located 
between the pendant attachment points and the crane/derrick body are to 
be removed, partly or completely, when the pendants are in tension. 
None of the pins (top or bottom) on boom sections located between the 
uppermost boom section and the crane/derrick body are to be removed, 
partly or completely, when the boom is being supported by the uppermost 
boom section resting on the ground (or other support). Finally, none of 
the top pins on boom sections located on the cantilevered portion of 
the boom being removed (the portion being removed ahead of the pendant 
attachment points) are to be removed (partly or completely) until the 
cantilevered section to be removed is fully supported. (See the 
discussion of these requirements at 73 FR 59748, Oct. 9, 2008.)
    The Committee determined that many of the accidents associated with 
cranes occur during the removal of pendant, boom and jib pins. The 
Committee determined that accidents typically occur because of a 
failure to recognize that, in certain situations, particular pins are 
``in tension.'' If partly or fully removed while in that state the 
result can be unplanned movement of a component or the collapse of the 
boom or jib.
    Consequently, the Committee concluded that the removal of pendant, 
boom section and jib pins warrants heightened attention. This section 
focuses on protecting employees from these hazards during the 
dismantling of booms and jibs, either when disassembling the crane/
derrick or when changing the length of a boom or jib. To make clear 
that ``dismantling'' includes activities such as shortening a boom, 
final Sec.  1926.1401 defines ``dismantling'' to include ``partial 
dismantling (such as dismantling to shorten a boom or substitute a 
different component).''
    In this section, the Committee identified particular scenarios 
that, in the experience of many of the Committee members, pose specific 
hazards in disassembly if the wrong pins (that is, pins that are in 
tension) are partly or completely removed. The Committee concluded that 
the failure to follow the provisions would very likely result in 
unintended movement and/or collapse of the components. OSHA agrees that 
these requirements will help to prevent unintended movement or collapse 
of booms or jibs as they are being disassembled.
    Several comments were received regarding the illustrations in this 
section of the proposed rule. Two commenters noted the illustration of 
a tower crane in figure 2 of the proposed rule and suggested it be 
replaced with a mobile crane. (ID-0205.1;-0213.1.) Two commenters 
recommended that figures 4 and 6 be changed such that no pins would be 
permitted to be removed without blocking the entire boom. (ID-0131.1; -
0292.) Specifically, these commenters did not believe that the bottom 
boom connecting pins could be removed due to the weight of the 
cantilevered boom exerting force on these bottom connecting pins. They 
stated that if there was sufficient clearance between the connecting 
lugs to enable the pins to be removed, the boom could move downward 
upon the removal of the pins.
    Based upon C-DAC's expertise, OSHA determines that figures 2, 4 and 
6 in the proposed rule were accurate depictions as to blocking, but the 
proposed arrows may have been confusing to the extent that commenters 
incorrectly understood that the removal of pins would be allowed where 
arrows did not appear. To avoid confusion, OSHA is not including any of 
the assembly/disassembly figures from the proposed rule in the final 
rule.
Section 1926.1406 Assembly/Disassembly--Employer Procedures--General 
Requirements
    Section 1926.1406 sets requirements that must be met if an employer 
elects to use its own procedures for assembling and disassembling a 
crane/derrick instead of those of the manufacturer. (See the discussion 
of this provision at 73 FR 59748, Oct. 9, 2008.)
    One commenter wrote that, to ensure safe assembly and disassembly, 
employer procedures must not be allowed. In the preamble to the 
proposed rule, OSHA explained its rationale and the basis of C-DAC's 
recommendation that employer procedures be allowed where they meet the 
specified criteria in Sec.  1926.1406. (See full discussion at 73 FR 
59742, 59748, Oct. 9, 2008). The commenter did not challenge the 
rationale or provide any evidence of why employer procedures that 
comply with Sec.  1926.1406 would be insufficient. The Agency is 
therefore adopting Sec.  1926.1406 as proposed for the reasons 
explained in the preamble to the proposed rule, with several minor 
clarifications.
    In Sec.  1926.1406(a), the phrase ``assembly/disassembly'' replaces 
``assembling or disassembling'' to make this section consistent with 
other sections of the rule. Also in Sec.  1926.1406(a), OSHA has 
removed the phrase ``are designed to'' to increase clarity. In Sec.  
1926.1406(a)(1), the phrase ``any part'' replaces ``all parts'' to make 
it clear the duty to prevent dangerous movement in any part of the 
equipment. This provision is otherwise promulgated as proposed with 
several grammatical corrections.
Sections 1926.1407-1926.1411 Power Lines
Introduction
    Final Sec. Sec.  1926.1407 through 1926.1411 contain requirements 
designed to help ensure the safety of employees while cranes/derricks 
are being assembled, disassembled, operated, or while they travel under 
power lines.
    Previously, subpart N, in former Sec.  1926.550(a)(15), addressed 
power line hazards by specifying the minimum distance that must be 
maintained between a crane and an energized power line. For lines rated 
50 kilovolts (kV) or below, the minimum distance was 10 feet; for lines 
over 50 kV, the minimum distance was generally 10 feet plus 0.4 inches 
for each 1 kV over 50 kV (we will refer to this subpart N requirement 
in this preamble as the ``10-foot rule'').
    However, the subpart N provisions, which instructed employers to 
maintain a minimum clearance distance, did little by way of requiring 
employers to implement measures to help prevent operators from 
inadvertently breaching that distance. The only preventative measure in 
subpart N was a requirement, in former Sec.  1926.550(a)(15)(iv), to 
use a spotter ``where it is difficult for the operator to maintain the 
desired clearance by visual means.'' In discussing how to reduce power 
line fatalities, the Committee determined that a systematic, proactive 
approach to preventing power line contact is needed (see the Agency's 
explanation for the need for these provisions in the proposed rule 
preamble at 73 FR 59748-59750, Oct. 9, 2008).
Brief Overview of Requirements
    The standard requires the implementation of a systematic, proactive 
approach to dealing with the hazard of power lines. This approach is 
comprised of the following steps: (1)

[[Page 47945]]

Identify the work zone and assess it for power lines--determine how 
close the crane could get to them. The employer has the option of doing 
this assessment for the area 360 degrees around the crane or for a more 
limited, demarcated area; (2) If the assessment shows that the crane 
could get closer than a trigger distance--20 feet for lines rated up to 
350 kV (50 feet for lines rated over 350 kV)--then requirements for 
additional action will be triggered.
    The voltages given in the final rule are phase-to-phase system 
voltages on the power lines. It should be noted that the system 
voltages for power lines generally take three forms. First, there is 
the actual voltage on the line. This voltage varies from one moment to 
the next as conditions on the power line change. Second, there is the 
nominal voltage on the line that is used to designate its voltage. The 
actual operating voltage varies above and below this voltage. (See the 
definition of ``voltage, nominal'' in subpart K of the Construction 
Standards, Sec.  1926.449.) Third, there is the maximum operating 
voltage on the line. This represents the maximum voltage that can 
appear on a power line and is 5 percent above the nominal voltage on 
the line. (See IEEE Std. 516-2009.) For purposes of the final rule, the 
power line voltage is the maximum operating voltage for that line. This 
approach, which is consistent with the determination of minimum 
approach distances in Sec.  1910.269,\22\ ensures that the minimum 
clearance distance is appropriate when the voltage on the line rises to 
its maximum. The following table lists the maximum operating voltages 
over 50 kV for power line systems commonly found in the U.S.
---------------------------------------------------------------------------

    \22\ For further information, see Appendix B to Sec.  1910.269.

------------------------------------------------------------------------
                                                             Maximum
                                                            operating
               Nominal voltage range (kV)                  voltage (kV)
                                                               \1\
------------------------------------------------------------------------
46.1 to 72.5...........................................             72.5
72.6 to 121............................................            121
138 to 145.............................................            145
161 to 169.............................................            169
230 to 242.............................................            242
345 to 362.............................................            362
500 to 550.............................................            550
765 to 800.............................................            800
------------------------------------------------------------------------
Source: 29 CFR 1910.269 Table R-6 and Appendix B to that section.
Note 1: This is the ``voltage'' of the power line for the purposes of
  the final rule.

    Unless the power lines are deenergized and grounded, encroachment/
electrocution prevention measures have to be implemented to prevent the 
crane from breaching a minimum clearance distance and protect against 
electrocution. The employer is allowed to choose among several minimum 
clearance distance options.
    For example, for lines up to 350kV, the minimum clearance distance 
options would be: (1) 20 feet; or (2) the distance specified in Table A 
of Sec.  1926.1408 for the line's voltage (Table A is the ``10-foot 
rule''; see discussion of Table A in discussion of Sec.  1926.1408); or 
(3) a distance closer than what is specified in Table A.
    However, there are limitations to the availability of some of these 
options, and the number of mandatory encroachment prevention (and 
other) measures increases when using a clearance distance closer than 
Table A.
    A commenter stated that use of the term ``employer'' was confusing 
when there are multiple employers on a given construction site, and 
raised the issue of whether each employer was responsible for employing 
its own dedicated spotter and its own set of barricades and similar 
safety measures. (ID-0143.1.)
    In general, except where otherwise specified in this standard, the 
requirements of this standard apply to employers whose employees are 
exposed to hazards addressed by this standard, and also to other 
employers in certain situations as explained in OSHA's multi-employer 
policy (see OSHA CPL 02-00-124, Multi-Employer Citation Policy, Dec. 
10, 1999). For example, with respect to situations in which barricades, 
a dedicated spotter, or other measures are required under Sec. Sec.  
1926.1407-1926.1411, each such employer is responsible for ensuring 
that the required measures are in place. However, that does not mean 
that each employer is required to install or provide duplicate sets of 
those measures. In multiple employer worksites, one employer may rely 
on measures provided by another employer as long as those measures meet 
the requirements of the standard.
    Several commenters asked that OSHA specify in the standard that 
utility owner/operators may charge fees for the services they are 
required to perform under the standard. (ID-0155.1; -0203.1.) For 
example, where the employer uses Sec.  1926.1408(a)(2)(iii)'s Option 
(3) for setting the clearance distance (i.e., the clearance distance 
under Table A), under Sec.  1926.1408(c), the utility owner/operator 
must provide requested voltage information within two working days of 
the request.
    The standard does not address the issue of fees; the Agency 
determined that fees will generally be addressed as a contractual 
matter between the parties involved.\23\
---------------------------------------------------------------------------

    \23\ Note that in the Regulatory Flexibility Analysis, OSHA has 
assumed that the cost of providing this information would be passed 
on to the employer requesting the information, not the utility 
owner/operator. See section V.B of this preamble.
---------------------------------------------------------------------------

Section 1926.1407 Power Line Safety (Up to 350 kV)--Assembly and 
Disassembly
    The requirements in Sec.  1926.1407 address the hazards of 
assembling and disassembling equipment near power lines up to 350 kV. 
The requirements in Sec.  1926.1407 are similar in most respects to the 
requirements in Sec.  1926.1408, which address operations of equipment 
near power lines.
    One commenter suggested that OSHA amend Sec.  1926.1407 to include 
cranes used to assist the assembly and disassembly of other cranes. 
(ID-0131.) As OSHA noted in the preamble to the proposed rule, when an 
assist crane is used during the assembly or disassembly of another 
crane/derrick, the use of the assist crane, with respect to power line 
safety, would be considered ``operations'' and therefore covered by 
Sec.  1926.1408 (or, for power lines over 350 kV, Sec.  1926.1409). 
This is because the assist crane has already been assembled and is 
being used for a crane operation. Therefore, use of the assist crane 
must comply with Sec.  1926.1408 during the assembly/disassembly 
process rather than with Sec.  1926.1407.
    In contrast, a crane that is not yet fully assembled is often used 
to complete its own assembly. For example, a crane is often used to 
load its own counterweights. Similarly, it may unload its 
counterweights in its own disassembly process. Such activities would be 
covered under Sec.  1926.1407 since it is being assembled/disassembled. 
Therefore, the provision is promulgated in the final rule without 
change.
Paragraph (a)
    Under this paragraph, before beginning assembly or disassembly, the 
employer must determine if any part of the crane, load or load line 
(including rigging and lifting accessories) could get, in the direction 
or area of assembly, closer than 20 feet to a power line.
    As stated in the preamble of the proposed rule, the phrase ``in the 
direction or area of assembly/disassembly'' was included to address the 
fact that, in some cases, the assembly or disassembly of a crane takes 
place not just in an ``area,'' that is, a fixed portion of the work 
site, but also in a ``direction.'' For example, when

[[Page 47946]]

disassembling a crane, the disassembly process takes place in an area 
that includes the area under and around the boom's path as it is 
lowered to the ground (in most, but not all cases, the boom is lowered 
to the ground for the disassembly process). Under this provision, the 
employer must assess the proximity that the boom will be in to the 
power line in its path of travel to (and on) the ground.
    Two commenters expressed confusion about the meaning of the phrase 
``in the direction or area of assembly/disassembly.'' (ID-0122; -
0178.1.) C-DAC's intent in including this phrase was to ensure that 
employers make the initial 20-foot clearance assessment based on not 
only the area which the crane equipment occupies at the beginning of 
the assembly/disassembly process, but also with respect to other areas 
radiating from the initial area, both horizontally and vertically, that 
will be occupied as the equipment components are added, removed, 
raised, and lowered during the assembly/disassembly process. For 
example, when assembling a lattice boom crane, the ``area'' involved 
will expand as boom sections are added.\24\ This area expands in the 
``direction'' in which the boom sections are added. The power line 
assessment has to be made for the portion of the site that will be 
involved as these boom sections are added.
---------------------------------------------------------------------------

    \24\ This also occurs with telescopic extensible boom cranes 
when a ``dead man section'' is added to the boom.
---------------------------------------------------------------------------

    As stated in the preamble to the proposed rule, ``direction'' 
includes the direction that, for example, the boom will move as it 
rises into the air after the boom has been assembled on the ground. For 
example, the boom, when fully assembled on the ground, may be more than 
20 feet from a power line. However, when raising it from the ground, it 
may get closer than 20 feet. Accordingly, under this language, the 
``direction'' that the boom will travel as it is raised must also be 
evaluated for proximity to power lines.
    Another example is the assembly of a tower crane. As tower sections 
are added, the assembly process may reach a point where components are 
closer to power lines than when the process began. That ``direction'' 
of assembly upwards must also be evaluated.
    If an employer determines that the 20 foot ``trigger'' 
determination is positive, then the employer is required to take 
additional steps. Specifically, the employer must meet the requirements 
under either Option (1), Option (2), or Option (3) of Sec.  
1926.1407(a).\25\ Some commenters were concerned that the three 
compliance options in Sec.  1926.1407(a) could be construed as a 
prioritization of compliance preferences, e.g., a preference for 
deenergization over the other options. (ID-0203.1; -0214.1.) In 
response, OSHA wishes to clarify that the three options are in no 
particular order. In the Agency's view they represent three adequately 
protective compliance methods. The standard offers employers the 
flexibility to select the method most suitable for each specific work 
situation.
---------------------------------------------------------------------------

    \25\ If no part of the crane, load or load line could come 
closer than 20 feet to a power line, the employer is not required to 
take any further action under this section. However, the employer 
may encounter a situation where it needs to get closer than 
anticipated to the power lines during the assembly/disassembly 
process. In such a case the employer is required to go back and 
conduct a new 20 foot ``trigger assessment.''
---------------------------------------------------------------------------

Paragraph (a)(1) Option (1)
    An employer choosing Option (1) of this section will protect 
against electrocution by having the power lines deenergized and visibly 
grounded. Where the employer elects this option, it will not have to 
implement any of the encroachment/electrocution prevention measures 
listed in Sec.  1926.1407(b). This option helps to minimize the 
electrical hazards posed by power lines.\26\
---------------------------------------------------------------------------

    \26\ Grounding the lines helps minimize the electrical hazard 
from possible reenergizing of the lines; however, some voltage will 
still appear on the line until the circuit protective devices open 
the circuit. In addition, under certain conditions, the circuit 
protective devices will not open the line, and the voltage will 
remain.
---------------------------------------------------------------------------

    A number of commenters confirmed the Committee's determination that 
because of the time and cost considerations in arranging for the 
utility owner/operator \27\ to deenergize and ground the line, 
deenergizing and grounding has not been routinely done. (ID-0155; -
0203; see the discussion in the proposed rule preamble of deenergizing 
and grounding with regard to proposed Sec.  1926.1408(a)(2)(i), 73 FR 
59755, Oct. 9, 2008.)
---------------------------------------------------------------------------

    \27\ OSHA notes that the phrase ``utility owner/operator'' 
reflects scenarios where utilities may not be operated by an owner 
but by some entity other than the owner. Therefore wherever the 
phrase ``utility owner/operator'' is used in the standard or in the 
preamble it is meant to apply to utility owners or utility 
operators. The final rule also uses the word ``utility'' in its 
broadest sense. It includes traditional utilities as well as other 
entities (such as steel or paper companies) that own or operate the 
power lines.
---------------------------------------------------------------------------

    Therefore, OSHA continues to conclude that providing other safe and 
practical options in the final rule will help to reduce unsafe 
practices in the industry. Those other options (Options (2) and (3) in 
Sec.  1926.1407(a)) combined with Sec.  1926.1407(b) are designed to be 
effective protection against the hazards of electrocution.
    One commenter requested that OSHA provide guidance on whether 
written confirmation of deenergization and grounding from the utility 
owner/operator will be required. (ID-0214.1.) He further recommended 
that the requested guidance should be set forth in the regulatory text 
rather than in the preamble if OSHA expects employers to obtain a 
written confirmation. OSHA did not determine that written confirmation 
is necessary. As long as the utility owner/operator confirms that the 
line is deenergized and it is visibly grounded, employee safety is 
assured. Thus, the final rule does not require written confirmation 
that the line is deenergized.
    For a discussion of comments related to the requirement for visible 
grounding, see the section later in this preamble addressing Sec.  
1926.1408(a)(2)(i).
    One commenter suggested that in some situations deenergizing and 
grounding could place the utility owner/operator in conflict with other 
Federal and State regulatory requirements. (ID-0203.1.) The commenter 
did not provide information for OSHA to consider regarding any specific 
conflicts, and OSHA has not identified any such conflicts. Moreover, in 
the event that such a conflict does arise, the employer could choose, 
as an alternative to deenergizing, Options (2) or (3) as described 
below.
    This paragraph is being adopted without change from the proposal.
Paragraph (a)(2) Option (2)
    Under Option (2) (Sec.  1926.1407(a)(2)), the employer is required 
to maintain a minimum clearance distance of 20 feet. To help ensure 
that this distance is not breached, the employer has to implement the 
encroachment prevention measures in Sec.  1926.1407(b). Under this 
option, no part of the equipment, load or load line, including rigging 
and lifting accessories, is permitted closer than 20 feet to the power 
line.
    Employers using this option will have to stay further away from the 
power line than had been required under subpart N's 10-foot rule 
(employers wanting to use the 10-foot rule would have to use Option 
(3), discussed below).\28\ However, an advantage of this option to many 
employers is that they do not have to determine the voltage of the 
power line; they only have to determine that the line voltage is no 
more than 350 kV.
---------------------------------------------------------------------------

    \28\ As discussed above, the 10-foot rule requires varying 
clearance distances increasing with voltage with clearance distances 
that begin at 10 feet.
---------------------------------------------------------------------------

    Under the old subpart N formula, an employee was required at most 
to

[[Page 47947]]

maintain a 20-foot distance away from a power line. Under the new 
option, employees are required to stay at least 20 feet away from the 
power line, so the Committee determined that there would be no 
diminution of safety under this new option. In fact, in the Committee's 
experience, most power lines encountered by most employers have 
voltages that, under the current subpart N formula, require a minimum 
clearance distance of 10 feet. Therefore, use of this option will 
result in a higher margin of safety. Employers who do not need to get 
closer than 20 feet to assemble/disassemble the crane could use this 
option and would be saved the step of obtaining the line voltage.
    As noted above, in addition to maintaining a minimum clearance 
distance of 20 feet, employers using this option are required to 
implement the encroachment prevention and other measures specified in 
Sec.  1926.1407(b).
Paragraph (a)(3) Option (3)
    Under Option (3) (Sec.  1926.1407(a)(3)), the employer is required 
to maintain a minimum clearance distance in accordance with Table A of 
Sec.  1926.1408. Under Table A, depending on the voltage of the power 
line, the minimum clearance distance ranges from 10 feet to 20 feet for 
lines up to 350 kV. Under this option the employer is required to 
determine the line's voltage.
    As a practical matter, in the Committee's experience, the power 
lines most typically encountered by most employers would require a 
minimum clearance distance of 10 feet under Table A. As a result, 
employers can assemble/disassemble equipment closer to power lines 
under this option than under Option (2).
    Table A is based upon the same formula that was used in subpart N 
(the 10-foot rule) and is similar to Table 1 in ASME B30.5-2004. Unlike 
subpart N, which had required employers to calculate the minimum 
clearance distance from a formula, Table A sets forth specified 
clearance distances in a readily understood table and requires no 
calculations. In addition to maintaining the minimum clearance distance 
specified in the Table, employers using this option are required to 
implement the encroachment prevention and other measures specified in 
proposed Sec.  1926.1407(b).
    Several commenters verified C-DAC's determination that obtaining 
voltage information in practice can often be difficult and time-
consuming. (ID-0118; -0143.1; -0146.1; -0155.1.) OSHA determines that 
providing a mechanism under Sec.  1926.1407(a)(2) (``Option (2)'') to 
proceed with construction operations without having to obtain voltage 
information from utilities provides employers with a viable alternative 
to obtaining voltage information without compromising the safety of 
workers. This section of the final rule provides a mechanism by which 
employers can, using Table A, perform work with clearance distances of 
less than 20 feet. It is promulgated as proposed.\29\
---------------------------------------------------------------------------

    \29\ The proposed regulatory text for Sec.  1926.1407(a)(3)(i) 
used the phrase ``minimum clearance distance'' while that for Sec.  
1926.1407(a)(3)(ii) used ``minimum approach distance.'' For 
consistency, OSHA has, in Sec.  1926.1407(a)(3)(ii), changed the 
phrase ``minimum approach distance'' to ``minimum clearance 
distance.'' Provisions in Sec.  1910.269 and proposed subpart V of 
29 CFR 1926 use the phrase ``minimum approach distance.'' OSHA 
believes that employers who are covered by those standards are 
familiar with that term. In contrast, the Agency believes that 
employers that do not perform electric power work will better 
understand the term ``minimum clearance distances.'' OSHA considers 
the terms ``approach distance'' and ``clearance distance'' to be 
interchangeable; no substantive distinctions are intended.
---------------------------------------------------------------------------

Paragraph (b) Preventing Eencroachment/Electrocution
    Once an employer has determined that some part of the crane, load 
or load line could come within the trigger distance of 20 feet of a 
power line (see Sec.  1926.1407(a)), if it chooses either Option (2) or 
(3) of Sec.  1926.1407(a) it is required to implement encroachment 
prevention measures to help ensure that the applicable minimum 
clearance distance (20 feet under Option (2) or the Table A distance 
under Option (3) is not breached.\30\
---------------------------------------------------------------------------

    \30\ Alternatively, under Option (1), the employer could have 
the lines deenergized and grounded. If Option (1) were selected, no 
further action under this section would be required.
---------------------------------------------------------------------------

    Most of the measures in this paragraph are designed to help the 
employer maintain the appropriate clearance distance and thereby 
prevent electrical contact while in the process of assembling or 
disassembling equipment. One of the measures is designed to prevent 
electrocution in the event of electrical contact.
Paragraph (b)(1)
    Under paragraph (b)(1) of this section, the employer is required to 
conduct a planning meeting with the Assembly/Disassembly Director \31\ 
(A/D Director), operator, assembly/disassembly crew and other workers 
who will be in the assembly/disassembly area (including the area of the 
load). This planning meeting must include reviewing the location of the 
power line(s) and the steps that will be implemented to prevent 
encroachment and electrocution.
---------------------------------------------------------------------------

    \31\ As explained in the preamble accompanying Sec.  1926.1404, 
the term ``assembly/disassembly director'' replaces the proposed 
term ``assembly/disassembly supervisor.''
---------------------------------------------------------------------------

    In the planning meeting, the employer is required to select a 
protective measure from paragraph (b)(3) of this section (see 
discussion below) and review all the measures that will be used to 
comply with this section.
    The purpose of the meeting requirement is to ensure that the 
operator and other workers who will be in the area understand these 
measures and how they will be implemented. That understanding is 
important to their successful implementation. Because of the critical 
nature of these measures, and the seriousness of the consequences to 
the safety of the employees if they are not implemented correctly, the 
Committee concluded that it is necessary for there to be a structured 
process by which the employer communicates this information.
    As noted below, a planning meeting to discuss implementing 
encroachment prevention measures is also required under Sec.  
1926.1408(b)(1). Refer to the preamble section related to that 
provision for a discussion about public comments received regarding 
responsibilities for ensuring that such a meeting takes place. That 
discussion is equally relevant to this section. With the exception of 
the use of the term ``director'' instead of ``supervisor,'' as 
explained above, this section is promulgated as proposed.
Paragraph (b)(2)
    Paragraph (b)(2) of this section requires that where tag lines are 
used they must be nonconductive. This provision uses two terms that are 
defined in Sec.  1926.1401. ``Tag lines'' is defined as ``a rope 
(usually fiber) attached to a lifted load for purposes of controlling 
load spinning and pendular motions or used to stabilize a bucket or 
magnet during material handling operations.'' Thus, one end of a tag 
line is attached to the load and the other end is held by an employee 
who controls the load's motion by exerting force on the line.
    If the equipment or load were to make electrical contact with a 
power line while an employee was holding a tag line that was able to 
conduct electricity, the employee could be electrocuted. The 
requirement that the tag line be nonconductive is designed to protect 
against such an event. Section 1926.1401 defines ``nonconductive'' as 
meaning that, ``because of the nature and conditions of the materials 
used, and the conditions of use (including environmental conditions and 
condition of the material), the object in question has the property of 
not becoming

[[Page 47948]]

energized (that is, it has high dielectric properties offering a high 
resistance to the passage of current under the conditions of use).''
    This definition recognizes that it is not only the inherent 
property of the tag line material that results in it being 
nonconductive but also the conditions of use. For example, in some 
cases, if an otherwise nonconductive material were to become wet and 
therefore able to conduct electricity, it would no longer qualify as 
nonconductive under this paragraph.
    One commenter requested that OSHA specify test procedures to assist 
employers in making the determination of whether a tag line is 
nonconductive. (ID-0178.1.) C-DAC considered the utility of setting 
specifications for materials required to be nonconductive but 
determined that it would be impractical. American Society for Testing 
and Materials (ASTM) Standard Specification for Unused Polypropylene 
Rope With Special Electrical Properties, ASTM F1701-05 contains 
specifications and test methods for live-line rope used in electric 
power work. These ropes are used to insulate power line workers from 
energized power lines. Tag lines meeting this standard are acceptable 
under the final rule. However, to meet the requirement for 
``nonconductive'' tag lines, they need not meet this standard, which 
requires a degree of insulation beyond that intended by the final rule. 
In addition, several other OSHA general industry and construction 
standards call for nonconductive materials, including Sec.  
1910.268(n)(13)(ii) (requiring nonconductive measuring devices to 
measure clearance distances from overhead power lines), Sec. Sec.  
1910.269(l)(6)(i) and 1910.333(c)(8) (requiring metal articles worn by 
employees to be rendered nonconductive), and Sec.  1926.955(a)(8) 
(requiring nonconductive tag lines). In general these and other 
standards that call for nonconductive materials require the use of 
insulating material that does not have a voltage rating; thus, there is 
no need to specify a test method. In fact, setting test criteria for 
these materials would produce a voltage rating and render them 
insulating rather than nonconductive. (Because nonconductive materials 
have no voltage rating, there is still a risk of injury from electric 
shock should contact occur. However, these materials reduce that risk 
substantially.) In practice, under dry conditions nonmetallic fiber 
rope typically satisfies the definition for nonconductive.\32\ The 
Agency concludes that this guidance is sufficient to help employers 
determine whether their tag lines meet the definition and has 
therefore, declined to specify test procedures in the final rule. The 
provision is promulgated as proposed, without change.
---------------------------------------------------------------------------

    \32\ Wet, muddy, or high humidity conditions can cause such rope 
to stop being nonconductive. Similarly, the presence of metal or 
other conductive fibers or conductive sheaths or reinforcement would 
render the tag line conductive.
---------------------------------------------------------------------------

Paragraph (b)(3)
    Under this paragraph the employer is required to implement one of 
five listed encroachment prevention measures (Sec.  1926.1407(b)(3)(i) 
through (v)). The Committee concluded that the use of any one of these 
measures, in combination with the required measures listed elsewhere in 
Sec.  1926.1407(b), would be feasible and effective in protecting 
against encroachment. Specifically, the employer is required to choose 
either: (i) The use of a dedicated spotter; (ii) a proximity alarm; 
(iii) a device that automatically warns the operator when to stop 
(i.e., a range control warning device); (iv) a device that 
automatically limits the range of movement of the equipment; or (v) an 
elevated: warning line, barricade, or line of signs, in view of the 
operator, equipped with flags or similar high-visibility markings. 
Providing the ability to choose among these options gives the employer 
flexibility so that it can pick one that is well suited and efficient 
in the circumstances.
    A definition of ``dedicated spotter (power lines)'' is included in 
Sec.  1926.1401, Definitions. A dedicated spotter must meet the signal 
person qualification requirements of Sec.  1926.1428 and his/her sole 
responsibility must be to watch the separation between the power line 
and the equipment, load line, and load, and to ensure through 
communication with the operator that the applicable minimum distance is 
not breached.
    When the employer uses a dedicated spotter to prevent encroachment 
under this section, that person has the critical responsibility of 
ensuring, through communication with the operator, that the equipment 
maintains a specified minimum clearance distance from a power line. 
This definition makes clear that the dedicated spotter cannot have any 
other responsibilities.\33\ The dedicated spotter must have the 
qualifications required of a signal person under Sec.  1926.1428, 
discussed below. Those qualifications will ensure that the signal 
person can communicate effectively with the operator. They also ensure 
that the signal person is knowledgeable about crane dynamics and 
therefore is able to recognize situations in which the minimum 
clearance distance may inadvertently be breached if, for example, the 
load is stopped quickly while it is being moved near a power line.
---------------------------------------------------------------------------

    \33\ The preamble language of the proposed rule stated that 
``the dedicated spotter cannot have any other responsibilities that 
detract him/her from this task.'' (73 FR 59752, Oct. 9, 2008.) The 
phrase ``that detract him/her from this task'' incorrectly implied 
that a dedicated spotter could have other tasks provided those other 
tasks did not distract the dedicated spotter from his/her task of 
maintaining the required separation between the power line and the 
equipment, the load, and the load line. This implication was 
incorrect. As stated in the definition section, the dedicated 
spotter's duty to maintain the required separation from the power 
line must be his/her ``sole responsibility.''
---------------------------------------------------------------------------

    One commenter requested that OSHA include a clarification that the 
dedicated spotter can also be the signal person. (ID-0292.1.) As noted 
in the definition of ``dedicated spotter'' quoted above, although the 
dedicated spotter must be a qualified signal person under the 
requirements of Sec.  1926.1428, that definition also mandates that the 
sole responsibility of the dedicated spotter be to ensure the required 
separation between the power line and the equipment, the load line, and 
the load (including loading and lifting accessories). Thus, in 
situations where the equipment operator requires the assistance of a 
signal person to provide signals related to maneuvering the equipment 
or the load other than maintaining the required power line clearance 
distance, a different person must serve as signal person.\34\
---------------------------------------------------------------------------

    \34\ If a dedicated spotter also served as a signal person for 
purposes other than maintaining the clearance distance, the 
dedicated spotter would be vulnerable to a typical cause of power 
line contact--focusing on something else and forgetting about, or 
being distracted from, maintaining the clearance distance.
---------------------------------------------------------------------------

    The devices listed in Sec. Sec.  1926.1407(b)(3)(ii) and (iii) are 
also defined in Sec.  1926.1401. A ``proximity alarm,'' is a device 
that warns of proximity to a power line and must be listed, labeled, or 
accepted by a Nationally Recognized Testing Laboratory in accordance 
with Sec.  1910.7.\35\ A Nationally Recognized Testing Laboratory is an 
organization that has been recognized by OSHA pursuant to Sec.  1910.7 
as competent to evaluate equipment for conformance to appropriate test 
standards for that type of equipment. Thus, approval of a

[[Page 47949]]

proximity alarm by a nationally recognized testing laboratory provides 
assurance that the device will work as intended. (For a discussion of 
public comments submitted relating to proximity alarms, see discussion 
of Sec.  1926.1408(b)(4).) A ``range control warning device,'' is 
defined in Sec.  1926.1401 and is a device that can be set by an 
equipment operator to warn that the boom or jib tip is at a plane or 
multiple planes.
---------------------------------------------------------------------------

    \35\ The C-DAC version of this provision defined proximity alarm 
as: ``a device that provides a warning of proximity to a power line 
that has been approved by a Nationally Recognized Testing 
Laboratory.'' OSHA has modified the provision to conform its 
language to that used in Sec.  1910.7, the OSHA rule governing 
nationally recognized testing laboratories, and to explicitly refer 
to Sec.  1910.7 to make clear that the listing, labeling, or 
acceptance of a device under this rule must be accord with Sec.  
1910.7.
---------------------------------------------------------------------------

    OSHA realized that some of the devices listed in Sec.  
1926.1407(b)(3) would not be operational or effective against 
electrocution during certain phases of the assembly or disassembly 
process of certain types of cranes. For example, for lattice boom 
cranes, proximity alarm devices may not be able to be used when the 
boom is not yet fully assembled; at that point the proximity alarm 
typically cannot be connected and functioning. Therefore, during 
certain phases of assembly/disassembly, one of the other options would 
need to be used (such as a dedicated spotter) to provide the needed 
protection.
    However, the proposed regulatory text would have permitted an 
employer to select an option under paragraph (b)(3) of this section 
irrespective of whether it would be effective under the circumstances. 
To address this concern, OSHA requested public comment on whether to 
modify proposed Sec.  1926.1407(b)(3) to preclude the employer from 
selecting an option that, in the employer's situation, would be 
ineffective, such as by revising the provision to read:

    (3) At least one of the additional measures listed in this 
paragraph must be in place. The measure selected from this list must 
be effective in preventing encroachment. The additional measures 
are: * * *.

    Two of four commenters on this issue supported amending the 
language of this provision as described above. (ID-0067; -0118.) The 
two commenters who disagreed with requiring that the chosen method be 
effective in preventing encroachment thought that this provision would 
prove problematic for employers; they favored the original wording from 
the Committee that did not specifically require efficacy. (ID-0205.1; -
0213.1.) These latter two commenters did not present any evidence to 
counter OSHA's concern that some of the listed encroachment prevention 
measures may not be fully effective under all circumstances. OSHA 
concludes that prudence dictates amending this provision to require 
that the selected measure be effective in preventing encroachment; the 
final rule therefore reflects the change described above.
    In situations where an employer chooses the option of using a 
dedicated spotter to prevent encroachment under Sec.  1926.1407(b)(3), 
the employer is required to meet the requirements for spotters in Sec.  
1926.1407(b)(3)(i). As specified in paragraph (b)(3)(i)(A) of this 
section, the spotter must be equipped with a visual aid to assist in 
identifying the minimum clearance distance. The Committee concluded 
that a visual aid is needed for the spotter because of the difficulty 
in visualizing the minimum clearance distance boundary in the air.
    Under paragraphs (b)(3)(i)(B)-(D) of this section, the spotter must 
be positioned so that he/she can effectively gauge the clearance 
distance from the power line; the spotter, where necessary, must use 
equipment that enables him/her to communicate directly with the 
equipment operator; and the spotter must give timely information to the 
operator so that the required clearance distance can be maintained. C-
DAC determined that each criterion is needed for the spotter to be able 
to be effective.
    One commenter on this provision asked whether an airhorn is 
appropriate communication equipment for purposes of paragraph (C). (ID-
0120.) OSHA determines that an airhorn would not enable the dedicated 
spotter to communicate with the operator as effectively as a radio, 
telephone, or other electronic communication device, and, in any event, 
might not be an effective means of communication on a noisy 
construction site; therefore, OSHA does not consider use of an airhorn 
to constitute compliance with paragraph (C).\36\
---------------------------------------------------------------------------

    \36\ The cross-reference to Sec.  1926.1420 originally included 
in this provision as proposed was deleted in the final rule for 
consistency with the parallel provisions for dedicated spotters in 
Sec. Sec.  1926.1408(b)(4)(ii)(C) and 1926.1410(d)(2)(iii). This is 
a ministerial change not intended to have any substantive 
enforcement implications.
---------------------------------------------------------------------------

Paragraph (c) Assembly/Disassembly Below Power Lines Prohibited
    This paragraph precludes employers from assembling or disassembling 
cranes/derricks beneath energized power lines. The Agency agreed with 
the Committee's conclusion that assembly/disassembly below energized 
power lines presents an extreme risk and needs to be prohibited. The 
assembly/disassembly process necessarily involves moving and hoisting 
parts of the equipment into place. If some of this work takes place 
beneath a power line, the risk that a part, load, load line, or other 
equipment would make electrical contact is very high. Also, in both 
assembly and disassembly, maneuvering an assembled crane out from under 
the power lines, or maneuvering a crane that is about to be 
disassembled under them, itself poses a high risk of such contact.
    C-DAC's agreement on this provision indicates a determination by 
the Committee that, in almost all cases, the employer can plan the 
assembly/disassembly so that there will be no need to be beneath power 
lines. The Committee and OSHA also concluded that, in the very few 
instances where this is not possible, in light of the extreme risk 
involved, it is essential that the lines be deenergized and visibly 
grounded. No comments were received on this provision; it is 
promulgated as proposed.
Paragraph (d) Assembly/Disassembly Closer Than Table A Clearance 
Prohibited
    Assembly and disassembly of cranes/derricks closer than the minimum 
clearance distance in proposed Table A of Sec.  1926.1408 to an 
energized power line is prohibited under this paragraph. If assembly or 
disassembly needs to take place closer than that distance, the employer 
is required to have the line deenergized and visibly grounded. The 
rationale for this provision is similar to that discussed above for 
assembly/disassembly beneath power lines (that rationale is set forth 
in the discussion in the proposed rule preamble of proposed Sec.  
1926.1407(c), 73 FR 59753, Oct. 9, 2008). Engaging in assembly/
disassembly activity closer to an energized power line than the Table A 
distance was considered by the Committee to be too hazardous to be 
permitted under any circumstances.
    This reflects certain inherent characteristics of the assembly/
disassembly process that preclude the employer from being able to 
reliably maintain clearance distances closer than Table A of Sec.  
1926.1408. For example, when disassembling a lattice boom, pins that 
hold boom sections together are removed. Even when done properly, this 
can release stored kinetic energy and cause the boom section being 
removed, as well as the remaining sections, to move. It is too 
difficult to estimate the amount of such potential movement with the 
precision that would be necessary when working closer than the Table A 
distances.
    Another example is when assembling a boom, an error in the assembly 
process may similarly cause unanticipated movement. Using clearances 
closer than those in Table A would not allow sufficient room in light 
of the difficulty

[[Page 47950]]

of predicting the amount of such movement.\37\
---------------------------------------------------------------------------

    \37\ In this respect this provision differs from Sec.  
1926.1410. As discussed below, Sec.  1926.1410 allows use of minimum 
clearance distances closer than Table A in some circumstances for 
crane ``operations.'' In contrast, Sec.  1926.1407(d) reflects a 
determination by the Committee that there are no circumstances for 
``assembly/disassembly'' when it would be safe for any part of the 
crane, load or load line (including rigging and lifting accessories) 
to get closer than the Table A minimum clearance distance.
---------------------------------------------------------------------------

    This paragraph is being adopted as proposed.
Paragraph (e) Voltage Information
    This section operates in conjunction with Sec.  1926.1407(a)(3). 
Under Sec.  1926.1407(a)(3), employers who elect to use Option (3) of 
Sec.  1926.1407(a) must determine the line's voltage. Under Sec.  
1926.1407(e), where the employer asks the utility owner/operator for 
that voltage information, the utility owner/operator of the line is 
required to provide the voltage information within two working days of 
the request.\38\
---------------------------------------------------------------------------

    \38\ One commenter suggested that utility owners/operators be 
required to label all power lines with voltage information. (ID-
0143.1.) OSHA rejected this suggestion because it believes the cost 
of labeling every overhead power line in the country would be 
prohibitive.
---------------------------------------------------------------------------

    This reflects a conclusion of the Committee that, in the absence of 
such a time limitation on the utility owner/operator, in many instances 
Option (3) Sec.  1926.1407(b) would not be useful because the employer 
would not be able to get the voltage information in sufficient time to 
be able to use it. Many employers will rely on the utility owner/
operator to get this information. The Committee was concerned that an 
extended delay in getting it would result in employers, to some extent, 
doing the work anyway without the information. Therefore, for Option 
(3) Sec.  1926.1407(b) to be viable, the Committee concluded that a 
reasonable time limitation for the utility owner/operator to respond 
was needed.\39\
---------------------------------------------------------------------------

    \39\ As noted in the introduction, C-DAC included two members 
from the electric utility industry.
---------------------------------------------------------------------------

    Some utility owner/operators asserted that OSHA cannot require them 
to provide voltage information because OSHA does not have authority to 
impose such requirements on an electric utility that does not have 
employees at the construction site in question. (ID-0166.1; -0203.1; -
0226.1.)
    OSHA's authority to require that electric utilities disclose 
voltage information derives from secs. 6(b) and 8(g)(2) of the Act. 
While sec. 6(b) generally authorizes the Secretary to promulgate and 
enforce occupational safety and health standards, sec. 6(b)(7) 
specifically permits the Secretary to ``prescribe the use of labels or 
other appropriate forms of warning as are necessary to insure that 
employees are apprised of all hazards to which they are exposed * * * 
and proper conditions and precautions of safe use or exposure.'' 29 
U.S.C. 655(b)(7). Thus, OSHA may include information-gathering 
requirements among the provisions of a standard. Section 1926.1407(e) 
falls within the scope of sec. 6(b)(7), because voltage information is 
necessary to the determination of safe clearance distances for 
employees who work near power lines.
    The Agency previously exercised its authority under sec. 6(b)(7) of 
the Act to promulgate the Hazard Communication Standard, which requires 
that chemical manufacturers and importers provide information for the 
benefit of downstream employees (see Sec.  1910.1200). As a rationale 
for these provisions, OSHA explained that chemical manufacturers and 
importers are in the best position to develop, disseminate, or obtain 
information about their products (see 48 FR 53280, 53322, Nov. 25, 
1983). Similarly, in an early case discussing sec. 6(b)(7), the Fifth 
Circuit found that ``[t]he ability of downstream employers to protect 
their own employees is also an appropriate consideration in determining 
where the duty to warn should lie.'' American Petroleum Institute v. 
OSHA, 581 F.2d 493, 509 (5th Cir. 1978).
    Section 8(g)(2) of the Act affords the Secretary additional 
authority for Sec.  1926.1407(e). According to this section, the 
Secretary may ``prescribe such rules and regulations as he may deem 
necessary to carry out responsibilities under the Act.'' The enumerated 
purposes of the Act indicate that the Secretary's responsibilities 
include:

    -- Setting mandatory occupational safety and health standards 
applicable to businesses affecting interstate commerce (29 U.S.C. 
651(b)(3));
    --Developing innovative methods, techniques, and approaches for 
dealing with occupational safety and health problems (29 U.S.C. 
651(b)(5)); and
    --Providing for appropriate reporting procedures with respect to 
occupational safety and health which procedures will help achieve the 
objectives of this Act and accurately describe the nature of the 
occupational safety and health problem (29 U.S.C. 651(b)(12)).

    An electric utility representative asserted that, because employees 
of electric utilities are not likely to perform work under the 
circumstances that the standard contemplates, sec. 4(a) prevents OSHA 
from including requirements that target electric utilities. OSHA 
disagrees. Section 4(a) broadly provides that the OSH Act applies 
``with respect to employment performed in a workplace,'' 29 U.S.C. 
653(a), and does not bar the statute's application to any class of 
employers. Section 4(a) contains no language to suggest that the Act's 
application depends on the relationship between the employees at risk 
and the employer with the power to reduce their risk.
    Additionally, the commenter stated that Sec.  1910.12(a) precludes 
OSHA from regulating electric utilities, because employees of electric 
utilities will not be present at construction worksites and therefore 
will not be ``engaged in construction.'' \40\ The commenter cites Reich 
v. Simpson, Gumpertz & Heger, Inc., 3 F.3d 1, 4-5 (1st Cir. 1993), in 
which the First Circuit relied on the second sentence of Sec.  
1910.12(a) as a basis for vacating citations that OSHA had issued to an 
engineering firm under the multi-employer worksite doctrine.
---------------------------------------------------------------------------

    \40\ It should be noted that utility employees will be at these 
worksites from time to time to perform work on the power lines.
---------------------------------------------------------------------------

    Simpson, Gumpertz is inapposite; the multi-employer worksite 
doctrine has no bearing on the validity of Sec.  1926.1407(e), which 
explicitly holds electric utilities responsible for the distribution of 
voltage information. A more relevant case is Sec'y of Labor v. Trinity 
Indus., Inc., 504 F.3d 397 (3d Cir. 2007), in which the Third Circuit 
upheld information disclosure requirements that are analogous to those 
in Sec.  1926.1407(e). In Trinity, the Third Circuit affirmed OSHA's 
authority for provisions in the Asbestos Standard for the Construction 
Industry that require building owners to communicate the presence of 
asbestos or presumed asbestos-containing materials to certain 
prospective employers. Id. at 402. The court distinguished OSHA's 
authority to require that specific employers disclose information from 
the Agency's authority under the multi-employer doctrine to cite a 
general contractor for violations committed by a subcontractor:

    Unlike the regulations at issue in Summit Contractors, Inc., the 
regulation at issue here specifically applies to building owners * * 
*. We are not convinced that the Secretary is powerless to regulate 
in this field, especially given the findings she has made regarding 
the importance of building owners in the discovery and communication 
of asbestos hazards.

Id. As Trinity confirms, the multi-employer worksite doctrine does not 
govern the validity of regulatory provisions that require specific 
employers to provide information. As a

[[Page 47951]]

result, the interpretation that the multi-employer case law has given 
to Sec.  1910.12(a) is not controlling in relation to Sec.  
1926.1407(e). Moreover, the requirement that electric utilities provide 
voltage information is not in conflict with the plain language of Sec.  
1910.12(a), which states:

    The standards prescribed in part 1926 of this chapter are 
adopted as occupational safety and health standards under section 6 
of the Act and shall apply, according to the provisions thereof, to 
every employment and place of employment of every employee engaged 
in construction work. Each employer shall protect the employment and 
places of employment of each of his employees engaged in 
construction work by complying with the appropriate standards 
prescribed in this paragraph.

    As the Agency noted in the proposal, the first sentence in Sec.  
1910.12(a) makes the construction standards applicable to every 
employment and to every ``place of employment'' of every construction 
employee. The second sentence of Sec.  1910.12(a), by providing that 
each employer must protect the employment and the places of employment 
of each of his employees, does not negate the broad reach of the first 
sentence. The Secretary did not include language to indicate that an 
employer has obligations only toward his employees and the worksites of 
his employees.
    Furthermore, the history of Sec.  1910.12(a) reveals that the 
Secretary did not intend for it to limit her authority. Indeed, Sec.  
1910.12(a) is located within a subpart entitled ``Adoption and 
Extension of Federal Standards,'' which the Secretary created to extend 
her jurisdiction through the adoption of the Construction Safety Act's 
standards. Sec.  1910.11(a), subpart B. The opening paragraph of 
subpart B states that the subpart's provisions ``adopt and extend the 
applicability of established Federal standards * * * with respect to 
every employer, employee, and employment covered by the Act.'' Sec.  
1910.11(a). Thus, neither the language nor the context of Sec.  
1910.12(a) suggest a conflict with the requirement that electric 
utilities provide voltage information when employers request it.
    The commenter also cites United States v. MYR Group, Inc., in which 
the Seventh Circuit held that OSHA could not cite a parent corporation 
for the failure of a subsidiary to train its employees. 361 F.3d 364 
(7th Cir. 2004). Yet the court distinguished the facts of that case 
from circumstances where ``[e]ach employer at the worksite controls a 
part of the dangerous activities occurring at the site and is the 
logical person to be made responsible for protecting everyone at the 
site from the dangers that are within his power to control.'' Id. at 
367. Consistent with the Seventh Circuit's reasoning, OSHA has placed 
on utilities the responsibility to inform construction workers about 
power line voltage, as electric utilities are in the best position to 
disseminate voltage information.
    In summary, OSHA has firmly-established precedent, under part 1926 
and beyond, for requiring that an employer with special knowledge of 
occupational hazards provide information to protect workers. Like the 
provisions of the Hazard Communication Standard and the Asbestos 
Standard for the Construction Industry, Sec.  1926.1407(e) imposes 
requirements on employers who possess essential information and are in 
the best position to distribute it.
    The Committee determined that two business days would be a 
reasonable amount of time to allow the utility owners/operator to 
respond and be sufficiently short to be useful to the employer 
requesting the information. Most of the utility owner/operators who 
submitted comments or testimony on this issue did not indicate that a 
two-day requirement was unworkable so long as weekends and holidays 
were excluded from the two-day calculation.\41\ (ID-0203.1; -0205.1; -
0213.1.) Similarly, although one contractor indicated a desire to be 
able to obtain power line voltage information immediately at all times 
through Internet services provided by the utility owner/operator (ID-
0118.1), other contractors indicated that a two working day time frame 
was manageable from a construction planning standpoint (ID-0205.1; -
0213.1). In light of these comments, OSHA concludes that the proposed 
two-day requirement to fulfill voltage information requests was a 
reasonable time frame for both contractors and utility owners/
operators.
---------------------------------------------------------------------------

    \41\ One electric utility representative at the public hearing 
did request, however, that the time period for responding to a 
request be changed to four business days. (ID-0342.)
---------------------------------------------------------------------------

    In the proposed rule preamble, the Agency noted that the C-DAC 
provision read:

    Voltage information. Where Option (3) is used, owner/operators 
of power lines must provide the requested voltage information within 
two working days of the employer's request.

In a different context--determining the timeliness of notices of 
contest to OSHA citations--OSHA defines ``working days'' to mean 
``Mondays through Fridays but shall not include Saturdays, Sundays, or 
Federal holidays.'' 29 CFR 1903.22(c). Since the term is already 
defined in an OSHA regulation, the Agency stated that it would apply 
the same definition here unless this rule were to specify a different 
definition and solicited comments on whether the phrase ``working 
days'' should be defined differently for purposes of this rule than it 
is in Sec.  1903.22(c). All comments received on this issue indicated 
that the Sec.  1903.22(c) definition was appropriate in this context. 
(ID-0203.1; -0205.1; -0213.1.) Although OSHA is not specifically 
incorporating the Sec.  1903.22 definition by reference, the Agency 
intends to rely on that definition for purposes of enforcing Sec.  
1926.1407(e). One commenter sought clarification that the two working 
day time period would start to run on the first full business day after 
the request for information is received. (ID-0215.1.) This is, in fact, 
an accurate representation of how this provision will be enforced. If, 
for example, the utility receives a request for voltage information on 
Monday, it will have until the end of the business day on Wednesday to 
provide the necessary information.
    Another commenter asked OSHA to provide guidance on whether the 
voltage information needed to be provided in written form. (ID-0214.1.) 
Given the inherent difficulties of obtaining written information 
expeditiously in many construction sites, OSHA concurs with C-DAC's 
recommendation not to require that voltage information be provided in 
writing.
Paragraph (f) Power Lines Presumed Energized
    This paragraph requires that employers always assume that all power 
lines are energized unless the utility owner/operator confirms that the 
power line has been and continues to be deenergized and visibly 
grounded at the worksite. No adverse comments were received on this 
provision; it is promulgated as proposed.
Paragraph (g) Posting of Electrocution Warnings
    This paragraph requires the posting of electrocution warnings as 
follows: one inside the cab in view of the operator and (except for 
overhead gantry and tower cranes) at least two on the outside of the 
equipment. The Committee concluded and OSHA agrees that these 
electrocution warnings are necessary to protect the operator as well as 
any employees working in the area around the crane by increasing their 
awareness of the hazard. This provision is similar to sec. 5-3.4.5.2(d) 
of ASME B30.5-

[[Page 47952]]

2004. No adverse comments were received on this provision; it is 
promulgated as proposed.
Section 1926.1408 Power Line Safety (Up to 350 kV)--Operations
    As discussed with respect to power line safety in assembly/
disassembly, the standard requires the implementation of a systematic 
approach to power line safety for crane/derrick operations. This 
approach consists of two basic steps. First, the employer must identify 
the work zone, assess it for power lines, and determine how close the 
crane could get to them. The employer has the option of doing this 
assessment for the area 360 degrees around the crane or for a more 
limited, demarcated area. Second, if the assessment shows that the 
crane could get closer than a trigger distance--20 feet for lines rated 
up to 350 kV--then requirements for additional action are triggered.
    Specifically, unless the power lines are deenergized and grounded, 
encroachment prevention measures have to be implemented to prevent the 
crane from breaching a minimum clearance distance. The employer is 
allowed to choose among three minimum clearance distance options. For 
example, for lines up to 350 kV, the minimum clearance distance options 
are 20 feet, or the distance specified in Table A of this section for 
the line's voltage (Table A is the ``10-foot rule''; see discussion of 
Table A below), or a distance closer than what is specified in Table A. 
However, there are limitations to the availability of some of these 
options, and the number of mandatory encroachment prevention (and 
other) measures increases when using a clearance distance closer than 
Table A.
Paragraph (a) Hazard Assessments and Precautions Inside the Work Zone
    Before beginning crane/derrick operations, the employer is required 
to determine if power lines would pose a hazard. The first step in this 
process is to identify the work zone for which this hazard assessment 
will be made (Sec.  1926.1408(a)(1)). The employer has two options for 
defining the work zone.
    Under the first option (Sec.  1926.1408(a)(1)(i)), the employer is 
required to define the work zone by marking boundaries and prohibiting 
the operator from operating the equipment past those boundaries. 
Examples of how to demarcate the boundaries include using flags or 
devices such as a range limit device or range control warning device. 
``Range control warning device'' is defined in Sec.  1926.1401 as ``a 
device that can be set by an equipment operator to warn that the boom 
or jib tip is at a plane or multiple planes.''
    OSHA noted in the proposed rule that the term ``range limit 
device'' was used in proposed Sec.  1926.1408(a)(1)(i) but that no 
definition of this term was provided in proposed Sec.  1926.1401. OSHA 
stated that it determined that C-DAC understood a range limit device to 
be a device that physically limits how far a crane can boom out and the 
angle within which the boom can swing. OSHA requested public comment on 
whether a definition of ``range limit device'' should be added to Sec.  
1926.1401 and, if so, whether the definition described in the proposed 
rule preamble is appropriate (73 FR 59759, Oct. 9, 2008).
    Three commenters responded, endorsing the need for a definition and 
suggesting language along the lines discussed in the proposed rule. 
(ID-0118; -0205.1; -0213.1.) OSHA has added a definition for a ``range 
control limit device'' that defines it as ``a device that can be set by 
an equipment operator to limit movement of the boom or jib tip to a 
plane or multiple planes.''
    Employers are not permitted to use existing landmarks to demarcate 
work zone boundaries unless they are marked. For example, a line of 
trees would be insufficient. Without anything more the trees would not 
signal a reminder to the operator of there being a boundary that must 
be maintained. However, adding flags to those trees would be sufficient 
because the flags would serve as a reminder that the trees are located 
along a boundary that the operator must not breach.
    The boundaries must mark the limits of all crane movement. For 
example, a work zone could be defined by demarcating boundaries: (1) To 
the left and right of the operator, to limit the lateral movement of 
the boom, and (2) in front of the operator, in a line connecting the 
side boundaries, limiting the boom's radius.
    In identifying the work zone, the employer must consider the entire 
area in which the crane will need to operate. If the crane will need to 
be positioned in more than one spot to accomplish its work, or to 
travel with a load, the employer must consider the total area in which 
it will need to operate and set the boundaries accordingly.
    The second option for identifying the work zone (Sec.  
1926.1408(a)(1)(ii)) is to define the work zone as the area 360 degrees 
around the crane, up to the crane's maximum working radius. In other 
words, under this option, the work zone is the area within a circle, 
with the crane at the center, and the radius defined by the maximum 
working radius of the crane. No boundaries would have to be marked 
under this option since the crane would be permitted to operate in the 
entire area that it could reach.
Paragraph (a)(2)
    Once the employer has identified the work zone according to Sec.  
1926.1408(a)(1), it is then required to make the power line hazard 
assessment. Specifically, it must determine if any part of the crane, 
load or load line (including rigging and lifting accessories) could 
come within a ``trigger'' distance--20 feet of a power line. This 
determination must be made based upon the assumption that the crane 
would be operated up to its maximum working radius (or, if a demarcated 
boundary is used, the assessment must be made with the assumption that 
the crane would be operated up to that boundary).
    Three commenters expressed concern over OSHA's use of the term 
``maximum working radius'' in describing the methodology for defining 
the work zone. (ID-0146.1; -0206.1; -0209.1.) Their concern is that 
using ``maximum working radius'' would trigger the encroachment-
prevention requirements of Sec.  1926.1408(b) on construction sites 
where the equipment operator has no intention of using the equipment up 
to the equipment's maximum working distance. Another commenter 
questioned whether the phrase ``any part of the equipment'' would 
include the boom if the boom ``could be lowered within 20 feet of a 
power line even though the working radius will not require encroachment 
into the 20-foot zone.'' (ID-0178.1.)
    OSHA notes that these concerns are already addressed through a 
mechanism in the provision as proposed: the employer's ability, under 
Sec.  1926.1408(a)(1)(i), to define the work zone boundaries and then 
prohibit operation of the equipment beyond those boundaries. In other 
words, employers may define the boundary of a work zone at the outer 
boundary of the intended working radius of any part of the equipment, 
including the boom.
    To illustrate, if an employer is using a crane with a maximum 
working radius of 100 feet, but intends to extend the crane boom out 
only 75 feet beyond the center point of the crane, that employer can 
demarcate the outer boundary of the work zone using such measures as a 
line of flags, and then prohibit crane operations beyond that 75-foot 
work zone boundary. Therefore, in the one commenter's example of where 
the boom could come within 20 feet of a power line but the work does 
not

[[Page 47953]]

require it, the employer need not take encroachment-prevention measures 
if it prohibits working beyond a radius that would bring the boom 
within 20 feet of the line. OSHA concludes, therefore, that no change 
to the proposed regulatory language is needed to address these concerns 
and is promulgating this paragraph as proposed.
    If, after defining a work zone, an employer determines that the 20 
foot ``trigger'' determination is positive, then the employer is 
required to take additional steps. Specifically, the employer must meet 
the requirements under either, Option (1), Option (2), or Option (3) of 
Sec.  1926.1408(a)(2).\42\ See above discussion of Sec.  1926.1407(a) 
for additional information about how OSHA intends to enforce these 
compliance options.
---------------------------------------------------------------------------

    \42\ If no part of the crane, load or load line could come 
closer than 20 feet to a power line, the employer is not required to 
take any further action under this section. However, the employer 
may encounter a situation where it unexpectedly needs to increase 
the size of the work zone. This may occur, for example, as a result 
of an unanticipated need to change the crane's position or to have 
the crane operate beyond the original work zone boundaries. In such 
a case the employer is required to go back to the first step under 
Sec.  1926.1408(a)(1), re-identify a work zone and conduct a new 20 
foot ``trigger'' assessment.
---------------------------------------------------------------------------

    Section 1926.1408(a)(2) is adopted without change from the 
proposal.
Paragraph (a)(2)(i) Option (1)
    An employer choosing Option (1) of this section will protect 
against electrocution by having the power lines deenergized and visibly 
grounded at the worksite. This option minimizes the probability that 
equipment that contacts the power line will become energized. The power 
line must be ``visibly grounded at the worksite.''
    One commenter believed that the requirement for visible grounding 
was ``impractical and overly burdensome.'' (ID-0146.1.) A second 
commenter believed that this requirement was needed to permit the 
employer to visually verify that the power line has been deenergized. 
(ID-0190.0.)
    After reviewing these comments, OSHA continues to conclude, as C-
DAC did, that visible grounding of the deenergized line is necessary to 
protect workers. First, it minimizes the voltage that can appear on the 
power line from a number of causes, including induced current and 
capacitive coupling, lightning, other energized lines falling onto the 
power line (for example, where there is a traffic accident involving a 
motor vehicle striking a utility pole supporting the power line), and 
accidental reenergizing of the lines. It also facilitates the operation 
of circuit protective devices to deenergize the line after it is 
reenergized from the last two causes. It also serves as a visual 
confirmation that the power line has been deenergized. (See discussion 
of Sec.  1926.1407(a)(1) where OSHA declines to amend the proposal to 
require written confirmation that the power line has been deenergized.)
    Where the employer elects to deenergize the power line, it will not 
have to implement any of the encroachment/electrocution prevention 
measures listed in Sec.  1926.1408(b). However, some amount of time is 
needed to arrange for the utility owner/operator to deenergize and 
ground the line. Also, in some instances, especially where the 
construction project is small, the cost of deenergizing and grounding 
may be a substantial portion of the cost of the project. Because of 
these factors, deenergizing and grounding, which was also a permissible 
option under former Sec.  1926.550(a)(15), has not been routinely done. 
Accordingly, the rule provides other safe and practical options to 
reduce unsafe practices in the industry. Those other options (Options 
(2) and (3) in Sec.  1926.1408(a)(2)(ii) and (iii), discussed below) 
combined with Sec.  1926.1408(b) are designed to afford effective 
protection against the hazard of electrocution.
    Section 1926.1408(a)(2)(i) is adopted as proposed.
Paragraph (a)(2)(ii) Option (2)
    Under Option (2) (Sec.  1926.1408(a)(2)(ii)), the employer is 
required to maintain a minimum clearance distance of 20 feet. To help 
ensure that this distance is not breached and that employees are 
protected from electrocution, the employer is required to implement the 
encroachment/electrocution prevention measures in Sec.  1926.1408(b).
    Employers using this option will have to stay further away from the 
power line than had been required under subpart N's 10-foot rule 
(employers wanting to use the 10-foot rule will have to use Option (3) 
of this section, discussed below).\43\ However, an advantage of this 
option to many employers is that they do not have to determine the 
voltage of the power line; they only have to determine that the line 
voltage is not more than 350 kV.
---------------------------------------------------------------------------

    \43\ As discussed above, the 10-foot rule requires varying 
clearance distances increase with voltage with clearance distances 
that begin at 10 feet.
---------------------------------------------------------------------------

    Several commenters verified the Committee's conclusion that 
obtaining voltage information from utilities can often be difficult and 
time-consuming. (ID-0118.1; -0143.1; -0146.1; -0155.1.) OSHA determines 
that by providing a mechanism under Sec.  1926.1408(a)(2)(ii) for 
employers to proceed with construction operations without having to 
obtain voltage information, employers will have more flexibility 
without compromising the safety of workers.
    One commenter believed that the maximum clearance distance for this 
option should be 15 feet instead of the proposed 20 feet because it 
believed such a distance would be safe for what it described as 
``relatively small cranes.'' (ID-0184.1.) However, OSHA does not agree 
that a distinction based on crane size is justified. When smaller 
cranes operate near power lines, they present the same hazard as larger 
cranes and need to take similar precautions. OSHA further notes that 
smaller cranes, i.e., cranes with shorter booms, will have a smaller 
work zone than larger cranes and therefore should be better able to 
avoid coming within the permitted 20-foot clearance and, as a result, 
may be less likely to trigger the protective steps required under 
paragraph (a)(2) of this section in any event. Moreover, if OSHA were 
to adopt a 15-foot minimum clearance distance for this option as 
advocated by the commenter, it would have to make a corresponding 
reduction in the maximum voltage covered by Sec. Sec.  1926.1407 and 
1926.1408 and a corresponding increase in the minimum voltage covered 
by Sec.  1926.1409 to retain the protection afforded by the 10-foot 
rule previously contained in subpart N. Therefore, OSHA has concluded 
that it would be inappropriate to decrease the proposed 20 foot minimum 
clearance distance under Sec.  1926.1408(a)(2)(ii); this paragraph is 
therefore promulgated as proposed.
    As noted above, in addition to maintaining a minimum clearance 
distance of 20 feet, employers using this option are required to 
implement the encroachment prevention and other measures specified in 
Sec.  1926.1408(b).
Paragraph (a)(2)(iii) Option (3)
    Under Option (3) (Sec.  1926.1408(a)(2)(iii)), the employer is 
required to maintain a minimum clearance distance \44\ in accordance 
with

[[Page 47954]]

Table A of this section.\45\ Under Table A, depending on the voltage of 
the power line, the minimum clearance distance ranges from 10 feet to 
20 feet.\46\ Under this option the employer is required to determine 
the line's voltage.
---------------------------------------------------------------------------

    \44\ The proposed regulatory text for this section used the 
phrase ``minimum approach distance'' instead of ``minimum clearance 
distance.'' As pointed out by two commenters the latter phrase is 
what was used in the proposed Sec.  1926.1407(a)(3)(i) regulatory 
text. (ID-0205.1; -0213.1.) For consistency, OSHA has, in this 
section, changed the phrase ``minimum approach distance'' to 
``minimum clearance distance.'' Provisions in Sec.  1910.269 and 
proposed subpart V of 29 CFR 1926 use the phrase ``minimum approach 
distance.'' OSHA believes that employers who are covered by those 
standards are familiar with that term. In contrast, the Agency 
believes that employers that do not perform electric power work will 
better understand the term ``minimum clearance distances.'' OSHA 
considers the terms ``approach distance'' and ``clearance distance'' 
to be interchangeable; no substantive distinctions are intended.
    \45\ The information in Table A of the final rule is similar to 
information in Table 1 of ASME B30.5-2004. A table with specified 
clearance distances is more easily applied than the formula set out 
in former Sec.  1926.550(a)(15). Table A is intended to be a clear 
way of conveying the minimum clearance distances.
    \46\ The range referred to here is the range in the part of the 
table that is applicable up to 350 kV.
---------------------------------------------------------------------------

    In addition to maintaining the minimum clearance distance specified 
in the Table, employers using this option are required to implement the 
encroachment prevention and other measures specified in Sec.  
1926.1408(b).
    A labor representative urged OSHA to require a minimum clearance 
distance of 20 feet rather than the lower clearance distances allowed 
under Table A, in essence eliminating Option (3). (ID-0201.1.) The 20-
foot clearance is needed because, in the commenter's view, under the 
options in the proposal, crane operations can easily encroach on an 
absolute safe distance from power lines. OSHA does not agree. The 
clearance distances permitted under Table A are ``safe'' distances, as 
indicated by their inclusion in ASME B30.5-2004 as well as the 
consensus reached by C-DAC. As discussed in the preamble to the 
proposed rule, the 10-foot rule was not effective under prior subpart N 
because subpart N provided little guidance as to how to maintain the 
required clearance. In the proposed rule, OSHA discussed how the 
provisions of this rule addressed two major problems employers faced in 
complying with the minimum clearance requirements of former subpart N: 
(1) The lack of a means to enable operators to judge when the crane was 
breaching the minimum required clearance distance; and (2) the problem 
of temporary operator inattention to a power line as he/she 
concentrated on tasks related to moving the load. (73 FR 59749, Oct. 9, 
2008.) The provisions of paragraph (b) of this section, discussed 
below, are designed to overcome these two problems and ensure 
compliance with the minimum clearance distances in this rule. Even 
where Table A permits the clearance distance to be the same as the 10-
foot rule of former subpart N, this final rule provides far greater 
protection against equipment violating the allowed clearance. It does 
not allow a crane ``to very easily encroach'' on a safe clearance 
distance, as IBEW suggests.
    The labor representative also proposed more stringent requirements 
than those currently contained in Sec.  1926.1410 when it is infeasible 
to maintain the Table A clearances. OSHA addresses this issue below in 
the discussion of Sec.  1926.1410. Accordingly, paragraph (a)(2)(iii) 
is promulgated as proposed.
Paragraph (b) Preventing Encroachment/Electrocution
    Once the employer has determined that some part of the crane, load 
or load line could come within the work zone assessment trigger 
distance of 20 feet of a power line (see Sec.  1926.1408(a)), if it 
chooses either Option (2) or (3) (of Sec.  1926.1408(a)(2)(ii) and 
(iii)), it must implement encroachment prevention measures to help 
ensure that the applicable minimum clearance distance (20 feet under 
Option (2) or the Table A distance) under Option (3) is not 
breached.\47\ Most of the measures in this paragraph are designed to 
help the employer maintain the appropriate distance and thereby prevent 
electrical contact while operating the equipment. One of the measures 
is designed to prevent electrocution in the event of electrical 
contact.
---------------------------------------------------------------------------

    \47\ Alternatively, under Option (1) of Sec.  1926.1408(a)(i), 
the employer could have the lines deenergized and grounded. If 
Option (1) were selected, no further action under this section would 
be required.
---------------------------------------------------------------------------

Paragraph (b)(1)
    Under 1926.1408(b)(1) the employer is required to conduct a 
planning meeting with the operator and other workers who will be in the 
area of the crane or load. This planning meeting must include reviewing 
the location of the power line(s) and the steps that will be 
implemented to prevent encroachment and electrocution.
    One commenter raised the issue of who is responsible for ensuring 
that the planning meeting takes place. (ID-0218.1.) Where encroachment 
precautions are required under Option (2) or Option (3) (see Sec.  
1926.1408(a)(2)(ii) and Sec.  1926.1408(a)(2)(iii)), the employers of 
the operator and other workers who will be in the area of the equipment 
or load must ensure that the required planning meeting under Sec.  
1926.1408(b)(1) takes place. Other employers at the work site may also 
be responsible for such compliance in certain situations; see OSHA CPL 
02-00-124, Multi-Employer Citation Policy, Dec. 10, 1999 for further 
information.
    As discussed below, under this paragraph, certain encroachment/
electrocution prevention measures are required (they are listed in 
Sec.  1926.1408(b)(1) through (3)). In addition, the employer is 
required to select at least one additional measure from the list in 
Sec.  1926.1408(b)(4). In the planning meeting, the employer must make 
that selection and review all the measures that will be used to comply 
with this section. The purpose of this requirement is to ensure that 
the operator and other workers who will be in the area understand these 
measures and how they will be implemented. That understanding is 
important to their successful implementation. Paragraph (b)(1) is 
adopted as proposed.
Paragraph (b)(2)
    Section 1926.1408(b)(2) requires that where tag lines are used they 
must be nonconductive. This provision provides additional protection to 
those employees who would be exposed to electrical hazards in the event 
that the equipment, load line, tag line or load contacts a power line 
and the tag line they are holding becomes energized. Note the 
discussion above related to Sec.  1926.1407(b)(2). This provision is 
promulgated as proposed.
Paragraph (b)(3)
    Section 1926.1408(b)(3) requires elevated warning lines, barricades 
or a line of signs, in view of the crane operator, equipped with flags 
or similar high-visibility markings, at 20 feet from the power line (if 
using Option (2) of Sec.  1926.1408(a)(2)(ii)) or at the minimum 
clearance distance under Table A (if using Option (3) of Sec.  
1926.1408(a)(2)(iii)). The steps required by this provision are 
designed to remind the operator that there are power lines with 
associated minimum clearance distances that must be met. Warning lines, 
barricades or a line of signs in the operator's view equipped with 
high-visibility markings also indicate to the operator where the 
minimum clearance distance boundary is located. This serves as one of 
two layers of protection (the second layer consists of an additional 
means selected by the employer under Sec.  1926.1408(b)(4), discussed 
below).
    A commenter urged OSHA to reconsider this requirement because there 
is nothing outside of the traveled roadway to which a warning line, 
barricade, or line of signs could be affixed. (ID-0114.) OSHA 
recognizes that this requirement will often require the employer to 
install a series of poles or other supports to install an elevated 
warning line. However, temporary

[[Page 47955]]

supports are routinely installed on construction sites, and installing 
them for the purpose of enabling the operator to maintain a safe 
distance from a power line serves an important safety purpose without 
being overly difficult or time-consuming.
    A visual line on the ground to mark the minimum clearance distance 
is not permitted under Sec.  1926.1408(b)(3) because an operator would 
generally not notice or see a line on the ground and because, from 
where the operator sits, it would be particularly difficult for the 
operator to extrapolate from that line the location of the boundary in 
the air. By contrast, visual reminders that are sufficiently elevated 
from the ground level enable the operator to more accurately judge the 
distance between the load, load line (including rigging and lifting 
accessories) or crane and the boundary marked by the elevated warning 
line.
    In reviewing the C-DAC draft of this provision, OSHA realized that 
there may be situations where the employer would not be able to place 
such a line so that it would be visible to the operator. In such a 
case, to have two layers of protection, it would be necessary to 
require that a dedicated spotter be used in addition to one of the 
other (non-spotter) methods described below in Sec.  1926.1408(b)(4). 
Therefore, in the proposed rule, OSHA stated that it was planning to 
modify the proposed provision by adding the following after the last 
sentence in Sec.  1926.1408(b)(3):

    If the operator is unable to see the elevated warning line, a 
dedicated spotter must be used as described in Sec.  
1926.1408(b)(4)(ii) in addition to implementing one of the measures 
described in Sec.  1926.1408(b)(4)(i), (iii), (iv) and (v).

    The Agency requested public comment on this issue. Two commenters 
agreed with the substance of the proposed addition to this provision 
(ID-0205.1; -0213.1); a third commenter agreed with the proposed 
addition but recommended that OSHA go a step further and require a 
dedicated spotter at all times (ID-0113). For the reasons explained in 
the discussion of Sec.  1926.1408(b)(4) below, OSHA has decided not to 
accept this latter recommendation for a dedicated spotter in all cases. 
The Agency has, however, included the additional regulatory text 
delineated above in the final rule.
Paragraph (b)(4)
    This section sets out a list of five prevention measures, from 
which the employer must select at least one, when the employer elects 
to use either Option (2) or Option (3) under Sec.  1926.1408(a)(2). The 
first four measures are methods for encroachment prevention. The fifth 
measure is a method of electrocution prevention in the event of 
electrical contact with a power line. Specifically, the employer is 
required to choose one of the following: (i) A proximity alarm; (ii) 
the use of a dedicated spotter; (iii) a device that automatically warns 
the operator when to stop (i.e., a range control warning device); (iv) 
a device that automatically limits the range of movement of the 
equipment; or (once they are available) (v) an insulating link/device, 
as defined in Sec.  1926.1401.\48\
---------------------------------------------------------------------------

    \48\ See discussion later in this section for an explanation of 
the delay in the effective date for this provision.
---------------------------------------------------------------------------

    Proximity alarm performance was the subject of a study conducted by 
the National Institute for Occupational Safety and Health (NIOSH) 
published in January 2009, and submitted as an exhibit to this 
rulemaking. (ID-0141.2.) This study tested the efficacy of two 
proximity alarm models under various simulated construction conditions. 
The study indicated that the accuracy of the proximity alarms could be 
adversely affected by such factors as: (1) Operating the equipment with 
a boom angle and length significantly different than that used for the 
device's last sensitivity adjustment; and (2) operating the equipment 
on sites with multiple overhead power lines, especially where those 
power lines had differing voltages or involved intersecting 
installations. Two other commenters also questioned the efficacy of 
proximity alarms. (ID-0118.1; -0206.1.)
    OSHA shares the concerns expressed by NIOSH and other commenters 
over the accuracy of currently available proximity alarms.\49\ However, 
such concerns are addressed by the definition of ``proximity alarm'' in 
Sec.  1926.1401, which states that the term refers to a device ``that 
has been listed, labeled, or accepted by a Nationally Recognized 
Testing Laboratory in accordance with Sec.  1910.7.'' To be so listed, 
labeled, or accepted, the Nationally Recognized Testing Laboratory 
(NRTL) must determine that the device works properly by concluding that 
it conforms to an appropriate test standard. Accordingly, no proximity 
alarm can be listed, labeled, or accepted by a Nationally Recognized 
Testing Laboratory (NRTL) in accordance with Sec.  1910.7 until the 
problems identified by the commenters have been rectified. OSHA 
concludes that retaining this option in the final rule will provide an 
incentive for proximity alarm manufacturers to improve these devices to 
the point where they will meet the definition's criteria.
---------------------------------------------------------------------------

    \49\ Neither of the proximity alarm models tested in the NIOSH 
study had obtained NRTL listing, labeling, or acceptance.
---------------------------------------------------------------------------

    In situations where an employer chooses the option of using a 
dedicated spotter, the employer is required to meet the requirements 
for spotters in Sec.  1926.1408(b)(4)(ii). As specified in Sec.  
1926.1408(b)(4)(ii)(A), the spotter has to be equipped with a visual 
aid to assist in identifying the minimum clearance distance.
    Under Sec.  1926.1408(b)(4)(ii)(B)-(D), the spotter has to be 
positioned so that he/she can effectively gauge the clearance distance 
from the power line; the spotter, where necessary, must use equipment 
that enables him/her to communicate directly with the equipment 
operator; and the spotter must give timely information to the operator 
so that the required clearance distance can be maintained.
    Some commenters recommended that dedicated spotters be required at 
all times. (ID-0112; -0113.) OSHA declines to impose such a 
requirement. The Agency determines that allowing the employer to choose 
from a variety of options for this second layer of protection allows 
the employer to select a method that it believes would be suitable, 
increases the likelihood of employer compliance, and will be an 
effective approach to reducing power line related injuries and 
fatalities.
    One commenter also advocated adding a provision requiring dedicated 
spotters to pass a visual acuity exam. (ID-0071.) OSHA determines that 
it is unnecessary to require a specific level of visual acuity. 
Wherever this standard requires an employer to have an individual 
perform a particular task, that duty is met only where the individual 
has the ability to perform the task. If an employer assigns an 
individual to serve as a spotter, but his/her vision is insufficient to 
perform the task of a spotter, the employer will not have met the 
spotter requirement. For additional discussion of spotter requirements 
see the discussion of Sec.  1926.1407(b)(3)(i) earlier in this 
preamble.
    Section 1926.1408(b)(4)(iii) gives the employer the option of using 
a device that automatically warns the operator when to stop movement, 
such as a range control warning device. Such a device must be set to 
give the operator sufficient warning to prevent encroachment. ``Range 
control warning device'' is defined in Sec.  1926.1401 as ``a device 
that can be set by an equipment operator to warn that the boom or jib 
tip is at a plane or multiple planes.''
    For example: An employer has chosen the option of maintaining a 20-
foot

[[Page 47956]]

distance from the power line. Under Sec.  1926.1408(b)(4)(iii), it has 
chosen to use a range control warning device to help maintain that 
distance. The device would have to be set to alert the operator in time 
to prevent the boom, load line or load (whichever is closest to the 
power line) from breaching that 20-foot distance. As a practical 
matter, the device would have to be set to sound the warning more than 
20 feet from the line, since the operator will need some time to react 
and to account for the momentum of the equipment, load line and 
load.\50\
---------------------------------------------------------------------------

    \50\ One commenter questioned whether range control warning 
devices exist. (ID-0151.1.) OSHA has confirmed that some cranes are 
equipped with such a device.
---------------------------------------------------------------------------

    Section 1926.1408(b)(4)(iv) gives the employer the option of using 
a device that automatically limits the equipment's range of motion and 
is set to prevent encroachment. Such a device can be particularly 
suitable for tower cranes, for which the swing angle can be programmed 
so that the operator cannot move the boom or jib past a certain range. 
While it may be more technically difficult to apply swing limitation 
devices for use in mobile cranes, the technology may develop so that 
they could be used in such cranes as well.
    The insulating link option that is available under Sec.  
1926.1408(b)(4)(v) would not protect against encroachment but would 
provide protection to employees handling the load against electrocution 
in the event encroachment did occur. Such a device must be installed 
between the end of the load line and the load. When so installed, it 
prevents the load from becoming energized in the event the load line or 
other part of the equipment makes electrical contact with a power line. 
Preventing the load from becoming energized helps protect riggers, who 
often guide crane loads manually and who are therefore at high risk of 
being electrocuted if a load becomes energized.
    Some commenters expressed concern about the effectiveness of 
insulating links. (ID-0206.1; -0378.1.) As stated in Sec.  1926.1401, 
``Insulating link/device'' is defined as ``an insulating device that 
has been listed, labeled, or accepted by a Nationally Recognized 
Testing Laboratory in accordance with Sec.  1910.7.'' This definition 
addresses this concern, since an insulating link used under this 
provision must have been found by a Nationally Recognized Testing 
Laboratory (``NRTL'') to conform to an appropriate test standard as 
required in Sec.  1910.7.
    Because insulating links previously have not been required by any 
OSHA standard, OSHA has not yet recognized any testing laboratory as a 
NRTL for purposes of insulating link listing, labeling, or acceptance. 
A period of time will be needed to review laboratory requests for such 
recognition. Once there are NRTLs for testing insulating links, some 
time will also be needed for the NRTLs to conduct the tests. As a 
result, where Sec.  1926.1408(b) applies, Sec.  1926.1408(b)(4)(v) will 
be unavailable as an additional measure in the list contained in Sec.  
1926.1408(b)(4) until employers acquire NRTL-approved insulating links. 
Therefore, during that period, in addition to implementing the 
requirements in Sec.  1926.1408(b)(1)-(3), the employer must implement 
at least one of the measures listed in Sec.  1926.1408(b)(4)(i)-(iv).
    A commenter suggested that Sec.  1926.1408(b)(4)(v) be deleted 
because it involves a live line procedure covered under Sec.  1910.269, 
which, it says, requires an operator to be a qualified worker to get 
this close to an insulating link. (ID-0161.1.) This commenter 
misunderstands the provision. Paragraph (b)(4)(v) allows employers to 
use an insulating link between the load line and load as an alternative 
to other protective measures. It has nothing to do with live line 
procedures under Sec.  1910.269, which is a general industry standard 
that applies to operation and maintenance of power lines and which has 
no provision regulating the proximity of an operator or a qualified 
person to an insulating link.
    One commenter pointed out that insulating links do not provide 
protection for those employees, such as equipment operators, who are in 
contact with the equipment ``upstream'' of the insulating link. (ID-
0053.1.) That is incorrect. Insulating links serve a dual purpose. They 
protect a rigger who is handling the load if the equipment upstream of 
the link makes electrical contact with a power line. And they protect 
employees who are upstream of the insulating link if the load makes 
electrical contact with a power line. The workers who are at the 
greatest risk of electrocution--the riggers who handle the load, are 
also protected by the requirement for nonconductive tag lines. But the 
best protection for all workers, and the primary focus of paragraph 
(b), is to employ effective encroachment prevention measures to prevent 
electrical contact of any part of the equipment and/or load with a 
power line. For additional discussion of insulating links, see later in 
this preamble where OSHA addresses Sec.  1926.1410(d)(4).
Paragraph (b)(5)
    Employers engaged in construction of electric transmission and 
distribution lines, which is addressed by 29 CFR part 1926 subpart V 
(Sec. Sec.  1926.950-1926.960), also have to meet the requirements in 
Sec.  1926.1408, with several exceptions.\51\ The first exception is 
found in Sec.  1926.1408(b)(5). The other exceptions are discussed 
elsewhere in this preamble. In accordance with Sec.  1926.1408(b)(5), 
employers engaged in work involving cranes/derricks that is covered by 
subpart V are not required to comply with the requirements in Sec.  
1926.1408(b)(4). Subpart V applies to the construction of electric 
transmission and distribution lines and equipment, which includes the 
alteration, conversion, and improvement of existing lines and 
equipment. Thus, when employees are engaged in subpart V work near 
energized lines, by the nature of the job, their full attention is on 
the power lines. Non-subpart V workers, by contrast, do not work 
directly with the lines, and their attention is primarily directed 
elsewhere.
---------------------------------------------------------------------------

    \51\ As discussed in Sec.  1926.1400, Scope, construction of 
electric transmission and distribution lines is covered under this 
subpart.
---------------------------------------------------------------------------

    Subpart V contains additional requirements to protect those 
employees against making electrical contact with the lines. These 
include requirements in Sec.  1926.950(c) for guarding the line or 
using insulation (such as insulating gloves) to prevent electrical 
contact. This paragraph is promulgated as proposed.
Paragraph (c) Voltage Information
    This section operates in conjunction with Sec.  
1926.1408(a)(2)(iii) (Option (3)--Table A clearance). Where an employer 
elects to use Option (3) (Sec.  1926.1408(a)(2)(iii)), the employer 
must, under Sec.  1926.1408(a)(2)(iii)(A), determine the voltage of the 
power lines. Under Sec.  1926.1408(c), utility owner/operators of these 
lines must provide the requested voltage information within two working 
days of the request (see the discussion above of Sec.  1926.1407(e) for 
a description of the public comments received on this requirement and 
OSHA's resolution of the issues raised by those comments).
    As discussed above with respect to Sec.  1926.1407(e), ``working 
days'' means Monday through Friday, excluding Federal holidays. This 
provision is promulgated as proposed.

[[Page 47957]]

Paragraph (d) Operations Below Power Lines
    When a crane operates below a power line, the likelihood of 
breaching the minimum clearance distance is enhanced by several 
factors, including the greater difficulty of judging the distance to 
the power line when it is above the equipment and the fact that in most 
such situations the operator has to purposely look up to see the line 
(and therefore is more likely to forget its location or that it is 
there).
    This section addresses this problem by prohibiting any part of a 
crane, load or load line (including rigging and lifting accessories) 
from being below a power line unless the employer has confirmed with 
the utility owner/operator that the power line is deenergized and 
visibly grounded at the worksite or unless the employer can demonstrate 
that it meets one of the four exceptions in Sec.  1926.1408(d)(2).
    The first exception, Sec.  1926.1408(d)(2)(i), is for work covered 
by 29 CFR part 1926 subpart V. Subpart V work involves work on the 
power line itself and commonly requires equipment to operate below a 
power line. As explained above with respect to Sec.  1926.1408(b)(5), 
subpart V work does not require all of the precautions required of 
other work because the full attention of the workers is directed at the 
power line.
    The second exception, Sec.  1926.1408(d)(2)(ii), is for equipment 
with non-extensible booms and the third exception, Sec.  
1926.1408(d)(2)(iii), is for equipment with articulating or extensible 
booms. These exceptions apply when the uppermost part of the boom (for 
non-extensible booms) or with the boom at its fullest extension (for 
extensible booms), will be more than 20 feet below the plane of the 
power line or more than the Table A minimum clearance distance below 
the plane of the power line at the boom's most vertical point.\52\ 
Where this criterion is met, it is not possible for the minimum 
clearance distance to be breached.
---------------------------------------------------------------------------

    \52\ The plane of the power line is the horizontal plane that 
touches the lowest point on the lowest power line.
---------------------------------------------------------------------------

    The last exception, Sec.  1926.1408(d)(2)(iv), is for situations in 
which the employer can demonstrate that it is infeasible to comply with 
Sec.  1926.1408(d)(1), which prohibits any part of a crane, load or 
load line from being below a power line unless the line is deenergized 
and visibly grounded. Under this exception, the employer must not only 
show that compliance with Sec.  1926.1408(d)(1) is infeasible, it must 
also comply with the requirements in Sec.  1926.1410. Section 1926.1410 
governs equipment operations closer than the Table A minimum clearance 
distances.
    Two commenters requested that OSHA define the term ``infeasible.'' 
(ID-0203.1; -0214.1.) Infeasibility determinations are fact-dependent, 
and OSHA generally considers compliance with a measure to be infeasible 
when it is impossible or would prevent performance of the work in 
question. See OSHA CPL 02-00-148, ch. 5, sec. VI.B.2, Field Operations 
Manual, Nov. 10, 1999. OSHA notes that this is not the first standard 
to incorporate feasibility considerations; the Agency has incorporated 
feasibility language into many other standards. See, e.g., Fall 
Protection (Sec.  1926.502(k)); Permit-Required Confined Spaces (Sec.  
1910.146(d)(5)(i)); Bloodborne Pathogens (Sec.  1910.1030(f)(3)(ii)); 
and Electrical Work Practices (Sec.  1910.333(a)(1)). In letters of 
interpretation and guidance documents explaining these and other 
standards, OSHA has elaborated on the meaning of infeasibility in 
numerous factual contexts. Because infeasibility is a concept of broad 
applicability in the OSHA context, and its meaning depends on the 
particular facts present in a given worksite situation, a single 
definition would not provide useful guidance to employers. Accordingly, 
the Agency declines to adopt a definition of that term specific to 
subpart CC. Paragraph (d) is adopted as proposed.
Paragraph (e) Power Lines Presumed Energized
    This provision requires employers to assume that all power lines 
are energized unless the utility owner/operator confirms that the power 
line has been and continues to be deenergized and visibly grounded at 
the worksite. This fundamental precaution is essentially the same as it 
was in subpart N at former Sec.  1926.550(a)(15)(vi). The one commenter 
on this proposed provision supported it (ID-0161.1); this provision is 
promulgated as proposed.
Paragraph (f)
    Paragraph (f) of this section addresses the danger that employees 
could receive an electric shock from equipment that is operating near a 
transmitter or communication tower. During such operation, the 
equipment can act as an antenna and become energized by the 
electromagnetic signal emitted from the tower. As proposed, Sec.  
1926.1408(f) stated that when the equipment is close enough for an 
electrical charge to be induced in the equipment or load, the 
transmitter must be deenergized or the following precautions taken: The 
equipment must be grounded, and non-conductive rigging or an insulating 
link/device must be used.
    Previously, subpart N, at former Sec.  1926.550(a)(15)(vii), 
required that when equipment is close enough to a transmitter tower for 
an electrical charge to be induced, the equipment had to be grounded 
and a ground jumper cable used to connect the load to the equipment. In 
addition, nonconductive poles having large alligator clips or other 
similar protection had to be used to connect the ground jumper cable to 
the load. Connecting the load to the grounded equipment dissipated any 
electrical charge induced in the load. The Committee determined that 
subpart CC's proposed requirement for nonconductive rigging or an 
insulating link instead of grounding the load better reflected current 
industry practice and better protected employees.
    The requirement for nonconductive rigging or an insulating link in 
proposed Sec.  1926.1408(f) was a fundamentally different approach than 
requiring a ground jumper cable to be connected to the load as was 
specified in former Sec.  1926.550(a)(15)(vii). The latter connects the 
load to a ground, while proposed Sec.  1926.1408(f) would have 
insulated the load from the equipment or employees handling the load.
    The Agency requested public comment on whether the proposed 
requirement was preferable to that in former Sec.  
1926.550(a)(15)(vii). Some commenters agreed that the proposed 
requirements would provide better protection of workers and argued that 
they were more feasible than the requirements of former Sec.  
1926.550(a)(15)(vii). (ID-0205.1; -0213.1.) One commenter believed that 
Sec.  1926.1408(f) as proposed was inferior to former Sec.  
1926.550(a)(15)(vii) because ``insulating links are generally rated for 
distribution voltages and would not properly protect employees working 
near power lines.'' \53\ (ID-0209.1.) Another commenter recommended 
that the proposed Sec.  1926.1408(f) requirements be supplemented with 
a requirement that any insulating link used be rated for the applicable

[[Page 47958]]

transmission tower frequencies, and that nonconductive tag lines be 
used.
---------------------------------------------------------------------------

    \53\ Another commenter opposed the proposed language because it 
believed that grounding the equipment under the provisions of former 
Sec.  1926.550(a)(15)(vii) would better protect employees, the 
crane, and the power line because it would result in a very quick 
trip of the line. (ID-0144.1.) This comment is not relevant because 
grounding the crane would not cause the transmitter or communication 
towers to trip.
---------------------------------------------------------------------------

    The problem addressed by these comments involves how to protect a 
worker, such as a rigger, who may come into electrical contact with the 
load. Under the proposed rule, the load would be insulated from the 
grounded crane to isolate the load from circulating current that could 
cause it to be energized. However, it may be possible that the load 
itself could become energized by absorbing energy from the transmitter 
or communication tower. The former rule addresses this possibility by 
requiring an electrical connection between the load and the (grounded) 
equipment. However, in the event there is either a poor electrical 
connection or a ground that is not fully effective, this method might 
not provide complete protection. Therefore, OSHA has decided not to 
require either precaution, but instead to require that any tag line 
used be nonconductive. This precaution is required in other provisions, 
discussed above, to protect the rigger from the possibility that the 
equipment may come into electrical contact with a power line. It will 
be equally appropriate here. Section 1926.1408(f) is modified 
accordingly.
    OSHA notes that former Sec.  1926.550(a)(15)(vii) of subpart N 
required employers to provide crews ``with nonconductive poles having 
large alligator clips or other similar protection to attach the ground 
cable to the load.'' This requirement protected employees from the 
electric shock hazard that exists when employees apply grounds. Due to 
what the Agency determined was an inadvertent oversight on the part of 
the Committee, the proposed rule did not contain provisions addressing 
these hazards. Although no commenters raised this issue, OSHA is aware 
that employees are exposed to serious electric shock hazards when they 
are attaching grounds in accordance with Sec.  1926.1408(f). For 
example, when attaching the rigging to the load or the ground to the 
crane, the crane and load will be energized. OSHA views this condition 
as a recognized hazard and expects employers to ensure that employees 
are adequately protected when they are attaching grounds. Employers who 
fail to properly protect their employees in this regard will, in 
appropriate circumstances, be subject to citation under the General 
Duty Clause (sec. 5(a)(1)) of the OSH Act.
    It should also be noted that work covered by Sec. Sec.  1926.1407 
and 1926.1410 that is performed near transmitter or communication 
towers can pose electric shock hazards similar to those addressed by 
Sec.  1926.1408(f). Due to another oversight by the Committee, however, 
neither Sec.  1926.1407 nor Sec.  1926.1410 contains provisions 
addressing these hazards. OSHA considers these to be recognized hazards 
and will use its enforcement authority under the General Duty Clause, 
as appropriate, to ensure that employers are taking measures, such as 
those required in Sec. Sec.  1926.600(a)(6)(vii) or 1926.1408(f), to 
protect employees from electric shock and fires while performing work 
covered by Sec. Sec.  1926.1407 and 1926.1410 near transmitter or 
communication towers. OSHA will consider addressing both of these 
oversights through future rulemaking.
    A commenter suggested adding a provision to paragraph (f) whereby 
the owner of a transmitter communication tower would be required to 
evaluate whether power level density levels were high enough to 
endanger employees working near the tower and, if so, implement 
precautions to prevent them. (ID-0130.1.) The issue raised by this 
comment is beyond the scope of this rule, which addresses hazards 
related to the use of equipment and not employee exposure to possible 
radiation hazards. Such hazards are covered by Sec.  1926.54, 
Nonionizing radiation.
Paragraph (g) Training
    Paragraph (g) of this section sets forth training requirements for 
crane operators and other crew members assigned to work with the 
equipment. The training topics listed are designed to ensure that both 
the operator and the other crew members have the information they need 
to help protect themselves from power line hazards. One commenter 
suggested that, in addition to the topics listed in the proposed rule, 
employees working on equipment operating closer than Table A clearance 
distances also be trained on induction, step and touch potentials, and 
proper equipment grounding procedures. (ID-0161.1.) Other commenters 
also recommended training in grounding procedures and in the 
limitations of the protection that grounding provides. (ID-0131.1; -
0155.1.) OSHA concludes that training on induction, step, and touch 
potentials would get into issues that are highly technical and would 
not help workers understand what they must do to protect themselves and 
others. OSHA does, however, agree with the suggestion that workers be 
trained in proper grounding procedures and in the limitations of the 
protection that grounding provides. As discussed under Sec.  1926.1410, 
equipment grounding is one of the additional precautions required when 
it is infeasible to maintain the Table A clearances, and training in 
proper grounding procedures will help ensure the effectiveness of this 
provision. In addition, employees must understand that grounding may 
not afford complete protection. Accordingly, OSHA is adding a new Sec.  
1926.1408(g)(1)(v) that requires training in the procedures to be 
followed to properly ground equipment and the limitations of grounding.
    In addition, proposed Sec.  1926.1408(g)(1)(i)(E) stated that 
training was required in the need to avoid approaching or touching 
``the equipment.'' In the proposed rule's preamble, OSHA stated that it 
determined that C-DAC inadvertently failed to add the phrase ``and the 
load'' to that provision, since whenever the equipment is in electrical 
contact with a power line, the load may also be energized. OSHA 
requested public comment on whether that provision should be modified 
to correct this omission. Commenters agreed that adding the phrase 
``and the load'' was appropriate. (ID-0051.0; -0205.1; -0213.1.) 
Therefore, OSHA has made this addition in the final rule.
    In the proposed rule, the Agency noted that proposed Sec.  
1926.1408(g) did not address the timing and frequency of this training. 
OSHA requested public comment on whether and, if so, how the standard 
should address training timing and frequency.
    The one commenter on this issue advocated not dictating the timing 
or frequency of training in this provision. For the final rule, OSHA 
has decided to cross reference the testing administration requirements 
of Sec.  1926.1430. That training section requires that employees be 
evaluated to confirm that they understand the information provided in 
the training, and that refresher training be provided when, based on 
employee conduct, there is an indication that retraining is necessary. 
Section 1926.1408(g) is modified accordingly.
Paragraph (h)
    In the proposed rule, this provision required that where devices 
originally designed by the manufacturer for use as safety devices, 
operational aids, or a means to prevent power line contact or 
electrocution are used to comply with Sec.  1926.1408, they must meet 
the manufacturer's procedures for use and conditions of use. The 
Committee concluded that this provision is necessary to ensure that the 
devices work as intended. No comments were received on this provision, 
and it is promulgated without change. (See

[[Page 47959]]

Sec.  1926.1417 for a discussion of OSHA's authority to require 
compliance with manufacturer procedures.)
Section 1926.1409 Power Line Safety (Over 350 kV)
    As proposed, the requirements in Sec. Sec.  1926.1407 and 1926.1408 
would apply to power lines rated over 350 kV in all respects except 
one: Wherever the regulatory text states ``20 feet,'' ``50 feet'' would 
be substituted. Therefore, the ``trigger'' distance that would be used 
when assessing an assembly/disassembly area or work zone would be 50 
feet. In addition, an employer engaged in assembly/disassembly that is 
using Option (2) of proposed Sec.  1926.1407(a)(2), or an employer 
engaged in crane operations that is using Option (2) of proposed Sec.  
1926.1408(a)(2)(ii), would be required to maintain a minimum clearance 
distance of 50 feet. This would apply to all power lines rated over 350 
kV, including power lines over 1,000 kV.
    For power lines over 1,000 kilovolts,\54\ employers electing to use 
Table A of Sec.  1926.1408 in either assembly/disassembly (Option (3) 
in Sec.  1926.1407(a)(3)) or crane operations (Option (3) in Sec.  
1926.1408(a)(2)(iii)) are required, pursuant to instructions in the 
Table, to maintain a minimum clearance distance determined by the 
utility owner/operator or a registered professional engineer who is a 
qualified person with respect to electrical power transmission and 
distribution.
---------------------------------------------------------------------------

    \54\ OSHA does not believe that there are any electric power 
transmission lines in the United States that operate at more than 
800 kV. However, there may be some power lines associated with 
research laboratories or other similar facilities that operate at 
more than 1,000 kV. In addition, it is possible that utilities may 
install new power lines operating at more than this voltage or may 
upgrade existing lines to operate at higher voltages.
---------------------------------------------------------------------------

    In reviewing this regulatory language, OSHA recognized that a 
minimum clearance distance of 50 feet may be inadequate for the open-
ended category of ``over 1,000 kV.'' In fact, at some point in that 
range, a utility owner/operator or a registered professional engineer 
may well specify a minimum clearance distance of more than 50 feet. 
However, as drafted in the proposed rule, employers using Option (2) 
(in both proposed Sec. Sec.  1926.1407(a)(2) and 1926.1408(a)(2)(ii)) 
would only have to maintain a minimum clearance distance of 50 feet. 
OSHA requested public comment on whether proposed Option (2) is 
insufficiently protective for power lines rated over 1,000 kV. The one 
commenter on this issue agreed that the proposed provision was 
insufficiently protective for power lines carrying voltages greater 
than 1,000 kV. OSHA agrees and has modified Sec.  1926.1409 in the 
final rule to conform to the requirement of Table A that the minimum 
clearance distance for lines over 1,000 kV be determined by the utility 
owner/operator or a registered professional engineer who is a qualified 
person with respect to electrical power and distribution. OSHA notes 
that the minimum distance under Option (2) for voltages between 351 and 
1,000 kV is 50 feet. The Agency expects that the distances set by 
utilities and registered professional engineers in accordance with 
Sec.  1926.1409(b) will be at least 50 feet.
Section 1926.1410 Power Line Safety (All Voltages)--Crane Operations 
Closer Than the Table A Zone
    Subpart N did not permit work closer than the 10-foot rule \55\ 
unless the lines were deenergized and visibly grounded or where 
insulating barriers, separate from the equipment, were erected. 
However, the Committee recognized that many employers, without meeting 
the exceptions, nonetheless worked closer than the 10-foot rule. The 
Committee determined that most employers do not use the option to 
deenergize and ground because of the time, expense and difficulty in 
making those arrangements.\56\ In addition, the Committee concluded 
that an ``insulating barrier'' of the type that is currently available 
does not, by itself, adequately protect employees because these 
barriers are only effective for ``brush'' contact. If there is more 
than brush contact, they will not protect employees from electrocution 
because the equipment will damage the device.
---------------------------------------------------------------------------

    \55\ As described earlier, the ``10-foot rule'' is shorthand for 
the formula in former Sec.  1926.550(a)(15) for minimum clearance 
distances. Under the 10-foot rule, for lines rated 50 kV or less, 
work was not permitted closer than 10 feet to an energized power 
line. For lines rated more than 50 kV, a clearance of 10 feet plus 
.4 inch for each 1 kV over 50 kV was generally required.
    \56\ If power lines are deenergized and grounded, power is shut 
off to the utility owner/operator's customers. As a result, utility 
owner/operators are understandably reluctant to implement such 
measures.
---------------------------------------------------------------------------

    To address the insufficient protections provided to employees who 
work closer than the 10-foot rule, the Committee developed, and OSHA 
proposed, a new approach, which is contained in Sec.  1926.1410. It 
consists of prerequisites and criteria that apply when work must be 
conducted closer than the minimum clearance distance specified in Table 
A of Sec.  1926.1408.
    In this case, the Committee's rationale misrepresented existing 
OSHA enforcement policy under subpart N regarding insulating barriers 
in two respects. First, current policy recognizes other types of 
insulating barriers besides the type to which the Committee 
referred.\57\ OSHA also recognizes goal-post-type barriers and, in 
certain limited circumstances the insulation on insulated power lines 
operating at 480 volts or less. See, e.g., letters of interpretation 
dated February 8, 1994, to Mr. Ivan Blood (http://www.osha.gov) and 
August 9, 2004, to Mr. Mathew McFarland (http://www.osha.gov). Second, 
the Agency does accept barriers that protect against brush contact 
under limited circumstances. See, e.g., letter of interpretation dated 
February 8, 1994, to Mr. Ivan Blood (http://www.osha.gov).
---------------------------------------------------------------------------

    \57\ The barriers are known as electrically insulating plastic 
guard equipment. See ASTM F712-06 Standard Test Methods and 
Specifications for Electrically Insulating Plastic Guard Equipment 
for Protection of Workers.
---------------------------------------------------------------------------

    However, as these letters of interpretation recognize, these 
barriers have their limitations. Because of this, OSHA has concluded 
that, although the Committee's rationale with respect to Sec.  
1926.1410 was slightly flawed by a misunderstanding of subpart N 
requirements, their reasoning that the provisions of this section are 
more protective than the former standard still holds.
    This section starts out by explicitly prohibiting equipment from 
operating closer than the distances specified in Table A of Sec.  
1926.1408 to an energized power line except where the employer 
demonstrates compliance with the requirements in Sec.  1926.1410.
    Note that, in the discussion below of Sec.  1926.1410, references 
to a ``registered professional engineer'' are, in accordance with Sec.  
1926.1410(c)(1), references to a registered professional engineer who 
is a qualified person with respect to electrical power transmission and 
distribution.
    One commenter on the proposed rule asked for clarification 
regarding who determines whether a professional engineer is such a 
``qualified person.'' (ID-0155.1.) Under Sec.  1926.1401, a qualified 
person is a ``person who, by possession of a recognized degree, 
certificate, or professional standing, or who by extensive knowledge, 
training and experience, successfully demonstrated the ability to 
solve/resolve problems relating to the subject matter, the work, or the 
project.'' At a given construction site, the employer who is conducting 
crane operations and who uses the services of the engineer to carry out 
that employer's responsibilities under this section is responsible for 
determining whether the registered professional engineer is a

[[Page 47960]]

qualified person with respect to electrical power transmission and 
distribution.
Paragraphs (a) and (b)
    These paragraphs set forth prerequisites that must be met for the 
employer to be permitted to operate equipment closer to a power line 
than the applicable Table A of Sec.  1926.1408 distance. Section 
1926.1410(a) requires the employer to determine that it is infeasible 
to do the work without breaching the minimum clearance distance under 
Table A. If the employer determines it is infeasible to maintain the 
Table A distance, under Sec.  1926.1410(b) it also has to determine, 
after consulting with the utility owner/operator, that deenergizing and 
grounding the power line, as well as relocating the line, are 
infeasible. See discussion of infeasibility determinations in Sec.  
1926.1408(d).
    Two commenters argued that the requirement to demonstrate 
infeasibility was unnecessary for electric utility work regulated under 
subpart V. (ID-0203.1; -0209.1.) After careful review of these 
comments, OSHA has concluded that it is appropriate for subpart V work 
to be excluded from the need to show infeasibility under Sec.  
1926.1410.
    Subpart V applies to the erection of new electric transmission and 
distribution lines and equipment and the alteration, conversion, and 
improvement of existing transmission and distribution lines and 
equipment (Sec.  1926.950(a)(1)). Construction of new lines generally 
takes place some distance from existing lines, and the lines themselves 
are not energized until construction is complete. Hence, clearance 
distances are usually not an issue for new construction. However, 
alteration, conversion, and improvement of existing lines necessarily 
takes place on or near the lines themselves. To enable such work to be 
done safely, subpart V contains clearance requirements that permit 
equipment to operate much closer to the lines than either former Sec.  
1926.550 or Sec. Sec.  1926.1408-1926.1409 of this final rule, as well 
as supplementary protective requirements that must be followed when the 
subpart V clearance requirements cannot be observed.
    Subpart V's clearance requirements are found in Table V-1 of Sec.  
1926.950. Subpart V does not require a showing of infeasibility before 
allowing subpart V work to comply with these shorter clearance 
distances, and OSHA concludes that the record does not support 
requiring such a showing under the final rule either. The very nature 
of work that alters, converts, or improves existing power lines must 
necessarily be carried out close to those lines, and it would almost 
always be infeasible for the clearances in Sec. Sec.  1926.1408-
1926.1409 to be maintained. As a result, requiring such a finding would 
be a formality that would not add to worker safety.
    It is similarly inappropriate to require a showing that it is 
infeasible to deenergize and ground the lines or relocate the lines 
under paragraph (b) of this section for subpart V work. Subpart V 
provides for deenergizing and grounding as an alternative to live line 
precautions, but it also recognizes that subpart V work may take place 
on live lines to avoid power disruptions to the utility's customers and 
includes precautions for such live line work. Thus, subpart V leaves to 
the utility employer the discretion to decide whether to deenergize and 
ground without the need for an infeasibility determination, and OSHA 
concludes they should continue to have this same discretion under this 
final rule. OSHA also notes that paragraph (b) of this section requires 
the employer to consult with the utility owner/operator before deciding 
that it infeasible to deenergize and ground the lines or relocate them, 
and it would be anomalous to apply this provision where the utility 
owner/operator is itself the employer.
    For these reasons, OSHA has modified Sec.  1926.1410(c)(2) of the 
final rule to clarify that paragraphs (a),(b), and (c)(1) of Sec.  
1926.1410 do not apply to work covered by subpart V of 29 CFR 1926. 
Instead, the Sec.  1926.950 Table V-1 minimum clearances apply. Section 
1926.1410(c)(2) also explains that employers engaged in subpart V work 
may work closer than the Sec.  1926.950 Table V-1 distances where both 
the requirements of Sec.  1926.1410 and Sec.  1926.952(c)(3)(i) or (ii) 
are met.\58\
---------------------------------------------------------------------------

    \58\ OSHA is in the process of updating subpart V requirements. 
If the Agency makes changes to those provisions that necessitate 
updating the cross-references in Sec.  1926.1410(c)(2), those 
changes will be made as part of that rulemaking.
---------------------------------------------------------------------------

    See discussion later in this section regarding other provisions in 
Sec.  1926.1410 that deal specifically with subpart V work.
Paragraph (c) Minimum Clearance Distance
    After the employer makes the infeasibility determinations required 
by Sec.  1926.1410(a) and (b), a minimum clearance distance must be 
established. Under Sec.  1926.1410(c)(1), the employer can establish 
this distance by either having the utility owner/operator determine the 
minimum clearance distance that must be maintained or by having a 
registered professional engineer who is a qualified person with respect 
to electrical transmission and distribution determine the minimum 
clearance distance that must be maintained. The Committee believed that 
either of these sources of this information has sufficient expertise to 
accurately apply the factors discussed below in setting an appropriate 
minimum clearance distance.
    Commenters objected to requiring the utility owner/operator to be 
involved in setting the minimum clearance distance. (ID-0161.1; -
0162.1.) However, paragraph (c) of this section does not require the 
utility owner/operator to establish the minimum clearance distance. It 
gives the employer the option of engaging the utility owner/operator 
for this purpose but, if the utility owner/operator declines, the 
employer must engage a registered professional engineer who is a 
qualified person with respect to electrical transmission and 
distribution. In no case is the utility owner/operator required to 
establish the minimum clearance distance.
    Under Sec.  1926.1410(c)(1), regardless of whether it is the 
utility owner/operator or a registered professional engineer that makes 
this determination, several factors must be considered when 
establishing the minimum clearance distance. These factors include, but 
are not limited to: conditions affecting atmospheric conductivity; time 
necessary to bring the equipment, load and load line (including rigging 
and lifting accessories) to a complete stop; wind conditions; degree of 
sway in the power line; lighting conditions, and other conditions 
affecting the ability to prevent electrical contact.
    A commenter objected to allowing cranes to operate closer to power 
lines than the ``appropriate minimum approach distance to an energized 
line.'' (ID-0226.) He further noted that, under the proposed rule, an 
operator could take equipment closer to power lines than a qualified 
electrical worker. C-DAC concluded, and OSHA agrees, that workers will 
be better protected if employers are required to adhere to additional 
safety precautions when it is infeasible to maintain the Table A 
clearances. Accordingly, to the extent the commenter recommended that 
the standard not permit equipment to come within the Table A distances, 
OSHA rejects this commenter's suggestion.
    The same commenter objected to allowing equipment operated by 
nonelectrical workers to approach closer to power lines than a 
qualified electrical worker. The rule does not, however, allow this. 
This section requires the

[[Page 47961]]

employer to determine a minimum clearance distance that will prevent 
the equipment from making electrical contact with the line. Although 
existing subpart V permits employees to take equipment closer to power 
lines than Table V-1 of Sec.  1926.950, the corresponding general 
industry standard at Sec.  1910.269(p)(4)(i) prohibits the operation of 
equipment closer than the distances in Tables R-6 through R-10 of Sec.  
1910.269. In the proposed revision of subpart V, the proposed rule 
contains the same prohibition as the general industry standard. As a 
general matter, OSHA determines that it is not appropriate or safe for 
nonelectrical workers to bring equipment closer to power lines than is 
permitted under Sec.  1910.269(p)(4)(i) for qualified workers. 
Therefore, the Agency does not expect that distances shorter than those 
in Tables R-6 through R-10 of Sec.  1910.269 will be adequate ``to 
prevent electrical contact'' for purposes of Sec.  1926.1410(c)(1).
    Several commenters suggested that when equipment operations closer 
than the Table A of Sec.  1926.1408 zone are performed, (1) ``qualified 
employees'' (as defined under Sec.  1910.269) should be used (ID-
0161.1; -0199.1); (2) the equipment should be considered energized (ID-
0075.0; -0161.1); and/or (3) the power line should be deenergized (ID-
0161.1; -0226.0).
    Regarding the ``qualified employees'' suggestion, OSHA determines 
that the training required under Sec.  1926.1410(m), discussed below, 
is more appropriate for construction workers working with cranes and 
other hoisting equipment than the training required under Sec.  
1910.269(a)(2)(ii) for electrical workers. The training required under 
paragraph (m) focuses on the actions that employees can take to protect 
themselves when working near potentially energized equipment, while the 
training under Sec.  1910.269(a)(2)(ii) focuses on safe practices for 
working on energized lines.
    The second suggestion is valid because prudence dictates treating 
the equipment as energized when it is closer than the Table A distance 
to an energized power line. However, some provisions of the rule 
already treat the equipment as energized. These include paragraph 
(d)(8), which requires barricades around the equipment to prevent 
unauthorized personnel from entering the work area, and paragraph 
(d)(9), which prohibits employees from touching the equipment. OSHA 
determines that no additional benefit would be gained by a statement to 
treat the equipment as energized and therefore declines to add such a 
statement.
    The third suggestion misconstrues the standard, which prohibits 
work within the Table A clearance distances unless the employer can 
show, among other things, that deenergizing and grounding the line is 
infeasible. Therefore, except as noted above, Sec.  1926.1410(c) is 
promulgated as proposed.
Paragraph (d)
    Once a minimum clearance distance has been established under Sec.  
1926.1410(c), the employer may not proceed without first having a 
planning meeting with either the owner/operator of the power line or 
the registered professional engineer to determine what procedures will 
be implemented to prevent electrical contact and electrocution. In 
accordance with Sec.  1926.1410(e), these procedures have to be 
documented and immediately available on-site. In addition, in 
accordance with Sec.  1926.1410(f) and (g), these procedures have to be 
reviewed with the operator and other workers who will be in the area of 
the equipment and the procedures must be implemented (Sec.  
1926.1410(e)-(g) are discussed below).
    Section 1926.1410(d) sets out the minimum protective measures that 
must be included in the procedures set by the employer and utility 
owner/operator (or registered professional engineer). These procedures 
need to include more stringent protective measures than those set out 
in Sec.  1926.1408, because equipment will be in closer proximity to 
power lines and there is otherwise a greater risk of contacting a power 
line and causing electrocution. Therefore, these procedures have to 
include, at a minimum, those set out in the remainder of this section.
    Commenters objected to having the utility owner/operator involved 
in the planning meeting required by paragraph (d) of this section. (ID-
0161.1; -0162.1.) As with paragraph (c) of this section, discussed 
above, the utility owner/operator is not required to become involved 
with the decisions that must be made under this section. If the utility 
owner/operator declines to participate in the planning meeting, the 
employer must engage a registered professional engineer to help 
determine the procedures needed to prevent electrical contact. OSHA 
notes, however, that equipment making electrical contact with a power 
line can disrupt electrical service as well as create a hazard to 
employees on the worksite. Therefore, at least in some cases, the 
utility owner/operator may wish to help develop precautions to prevent 
such electrical contact.
Paragraph (d)(1)
    Under paragraph (d)(1) of this section, for power lines that are 
equipped with a device that automatically reenergizes the circuit in 
the event of a power line contact, the automatic reclosing feature of 
the circuit interrupting device must be made inoperative prior to 
beginning work. This will help ensure that, in the event of a power 
line contact and activation of the automatic reclosing feature, the 
line would not be automatically re-energized. One commenter stated that 
many circuit interrupting devices currently in use are incapable of 
having their automatic reclosing mechanisms disabled. (ID-0155.1.) OSHA 
verified that fact and has amended Sec.  1926.1410(d)(1) to clarify 
that the automatic reclosing feature must be made inoperative only if 
the design of the device permits.\59\
---------------------------------------------------------------------------

    \59\ This revised language is also consistent with the 
provisions of Sec.  1910.269(q)(3)(iv).
---------------------------------------------------------------------------

Paragraph (d)(2)
    Under paragraph (d)(2) of this section, a dedicated spotter who is 
in continuous contact with the operator must be used. In addition, the 
dedicated spotter must be equipped with a visual aid to assist in 
identifying the minimum clearance distance, must be positioned to 
effectively gauge the clearance distance, where necessary must use 
equipment that enables him or her to communicate directly with the 
operator, and must give timely information to the operator so the 
required clearance distance can be maintained. For a more in-depth 
analysis of the dedicated spotter requirement and the public comments 
received, consult the discussion of Sec. Sec.  1926.1407(b)(3)(i) and 
1926.1408(b)(4)(ii) above. This provision is promulgated as proposed.
Paragraph (d)(3)
    Under paragraph (d)(3) of this section, an elevated warning line, 
or barricade that is not attached to the equipment, positioned to 
prevent electrical contact, must be used. This warning line or 
barricade must be in view of the operator either directly or by use of 
video equipment and must be equipped with flags or similar high-
visibility markings. The need for an elevated warning line or barricade 
is explained above in the discussion of Sec.  1926.1408(b)(3). This 
provision does not apply to subpart V work.
    As discussed above in relation to Sec.  1926.1408(b)(3), there may 
be situations where the operator is not able

[[Page 47962]]

to see an elevated warning line or barricade. To address such 
situations, under Sec. Sec.  1926.1408 and 1926.1409, OSHA changed the 
regulatory text so that the employer is required to use both a 
dedicated spotter and one of the other (non-spotter) measures listed in 
Sec.  1926.1408(b)(4). Because the clearance distances are likely to be 
significantly smaller than the Table A distances, the Agency determines 
that more precise means of estimating the clearance distance are 
necessary. When the operator is not able to see an elevated warning 
line or barricade when working closer than the Table A clearance 
distance, it is necessary to provide an additional layer of protection 
by requiring the use of video equipment to enable the operator to see 
the warning line or barricade. Therefore, in all cases when working 
closer than the Table A clearance distance, the operator will have 
``two sets of eyes'' (in addition to other protection required under 
this section) to ensure that the equipment maintains the minimum 
clearance distance established under Sec.  1926.1410(c). This paragraph 
is adopted as proposed.
Paragraph (d)(4) Insulating Link/Device
    Under paragraph (d)(4) of this section, an insulating link/device 
must be installed at a point between the end of the load line (or 
below) and the load. As described in the discussion of Sec.  1926.1408, 
an insulating link is a barrier to the passage of electrical current. 
When used on a crane, it prevents the load from becoming energized if 
the boom or the load line makes electrical contact with a power line 
and prevents the equipment from becoming energized if the load contacts 
a power line.
    As explained in the discussion of Sec.  1926.1408(b)(4)(v), OSHA 
anticipates that NRTL approval of these devices, which is necessary 
from them to meet the definition of ``insulating link'' under Sec.  
1926.1401, will not be available for up to one year after the effective 
date of this rule. OSHA is providing two phase-in periods to allow time 
for the NRTL recognition process, and to phase in the requirement in a 
manner that will reduce the economic burden on employers with existing 
inventories of devices that would qualify as ``insulating links/
devices,'' as defined in Sec.  1926.1401, except that they have not 
been subject to NRTL approval (``non-approved links''). First, OSHA is 
providing for an alternative measure that will be available to all 
employers for one year after the effective date of the standard. Sec.  
1926.1410(d)(4)(iv). Second, OSHA is allowing employers who have 
existing inventory of non-approved links to continue to use these links 
for an additional two years (up to a total of three years after the 
effective date of the final rule), so long as the same protections 
required for the alternative measures available during the one-year 
interim period remain in place. Sec.  1926.1410(d)(4)(v). However, the 
use of links manufactured after the one-year interim period is 
prohibited unless they are NRTL-approved as required by the definition 
of ``insulating link/device'' in Sec.  1926.1401.
    The absence of an insulating link can result in the load becoming 
energized if the equipment makes electrical contact with a power line 
or the equipment becoming energized if the load makes electrical 
contact with a power line. When working inside the clearances permitted 
under Table A, the danger of such electrical contact is increased. As 
an interim precaution until insulating links (as defined in Sec.  
1926.1401) become available, OSHA is requiring that all employees who 
may come in contact with the equipment, the load line, or the load, 
excluding equipment operators located on the equipment, must be 
insulated or guarded from the equipment, the load line, and the load. 
Insulating gloves rated for the voltage involved are adequate 
insulation for the purposes of this alternative. This interim 
precaution will provide some degree of protection to employees working 
near the equipment or load by providing a layer of insulation should 
the equipment or the load become energized. During the one-year interim 
period following the effective date of subpart CC, OSHA is encouraging, 
but not requiring, the use of non-approved links as an extra form of 
protection (although they cannot be used to satisfy the standard).
    OSHA is also providing a separate alternative measure that would 
apply for an additional two-year transition period (following the 
first-year interim period, for a total of three years) to address 
employers who already own or purchase non-approved links. See Sec.  
1926.1410(d)(4)(v). Under this alternative, employers with non-approved 
links would be required to use them in addition to other alternative 
measures required under Sec.  1926.1410(d)(4)(iv) during the initial 
one-year interim period. To be eligible for this alternative measure, 
employers must use and maintain these non-approved links in compliance 
with manufacturer requirements and recommendations. While OSHA 
anticipates that NRTL-approved insulating links will be available for 
purchase within a year after the effective date of subpart CC, the 
Agency recognizes that some employers will have existing inventories of 
non-approved links. OSHA is, therefore, allowing employers the 
additional two years to phase out the use of the non-approved links to 
reduce the economic burden of replacing the existing inventory of non-
approved links.
    As noted above, OSHA encourages employers to use non-approved links 
during the initial one-year interim period as an extra measure of 
protection, but is not requiring employers to use them during this 
interim period. The Agency recognizes that some employers might not 
already own these devices because OSHA did not mandate their use under 
subpart N. If OSHA required the use of non-approved links during the 
initial one-year interim period, these employers would be forced to 
incur additional costs for devices that could only be used for a fixed 
period of one to three years.\60\ However, once the NRTL-approved links 
are available for purchase, the cost of purchasing the NRTL-approved 
links would be a capital investment that could be amortized over the 
normal life of the insulating link.
---------------------------------------------------------------------------

    \60\ While the record indicates that these devices are available 
for rental, it is not clear from the record that all employers would 
have access to the businesses renting these devices.
---------------------------------------------------------------------------

    Several commenters noted the limitations of insulating links/
devices and advocated for the ability to employ alternative measures 
when necessary. For example, commenters stated that no insulating 
links/devices were readily available for loads above 60 tons or 
voltages above 33 kV. (ID-0132.1; -0155.1; -0197.1.) In addition, 
commenters noted that the added length of rigging that results when 
insulating links are used can create problems in locations where there 
is limited overhead clearance. (ID-0132.1; -0155.1; -0197.1.)
    Another commenter who manufactures insulating links stated that 
insulating links are available with lifting capacities of up to 120 
tons and voltage capacities of up to 125 kV.\61\ (ID-0216.1.) 
Therefore, OSHA concludes that no changes are necessary to address the 
objections to the proposed insulating link requirement based on load or 
voltage capacities. However, OSHA has concluded that some accommodation 
may be necessary to address conditions associated with electric utility 
operations in work areas

[[Page 47963]]

with low overhead clearance from power lines.\62\ Accordingly, OSHA has 
added an alternative to this provision for subpart V operations where 
use of an insulating link is infeasible. However, this provision should 
rarely, if ever, be available to employers, as there are several 
alternatives to using a crane or derrick in this operation including 
use of an aerial lift with a material handler or a manual hoist. The 
alternative requires use of alternate electrical safety precautions; 
specifically, the alternate precautions are those required under the 
electric power generation, transmission, and distribution regulations 
applicable to general industry under Sec.  1910.269(p)(4)(iii)(B) or 
(C). Those precautions require either that the hoisting equipment be 
insulated for the voltage involved, or that each employee be protected 
from hazards that might arise from equipment contact with energized 
lines.\63\
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    \61\ Refer to the discussion of Sec.  1926.1408(b)(4)(v) for a 
description of other comments received concerning insulating links 
in the context of that provision.
    \62\ The example provided by the commenter was replacement/
repair of utility pole transformers. (ID-0155.1.) Such operations 
frequently involve hoisting transformers onto and off of utility 
poles immediately beneath power lines. The commenter stated that 
frequently in those operations there is barely sufficient room for 
the boom head itself; when an insulating link is added to the load 
line, the extra 2-3 feet of rigging prevents the hoisting of the 
transformer to the required elevation. The commenter did not explain 
why an aerial lift or manual hoist could not be used.
    \63\ See discussion of this paragraph below under subpart V-
work.
---------------------------------------------------------------------------

Paragraph (d)(5)
    Under paragraph (d)(5) of this section, if the rigging may be 
closer than the Table A of Sec.  1926.1408 distance during the 
operation, it must be of the nonconductive type. This provides 
protection to those employees who would be exposed to electrical 
hazards in the event that the rigging contacts a power line, which 
otherwise could energize the rigging and the load.
    One commenter stated that he was unaware of any sling manufacturers 
who market their slings as being nonconductive, and that there are no 
test standards for testing the dielectric properties of slings. (ID-
0155.1.) As noted in the discussion of tag lines of Sec.  
1926.1407(b)(2), C-DAC considered the utility of setting specifications 
for material required to be nonconductive but determined that it would 
be impractical, and OSHA has additionally concluded that there is no 
need to specify test criteria for these materials. The guidance 
provided for determining whether a tag line is nonconductive applies 
equally here. Slings made from nonmetallic fibers will meet the 
standard provided they are not wet, dirty, or have substances on or in 
them that will conduct electricity. Therefore, OSHA has concluded that 
the requirement that rigging that may be closer than the Table A 
distance be nonconductive is appropriate, and the provision is 
promulgated as proposed.
Paragraph (d)(6)
    Under paragraph (d)(6) of this section, if the crane is equipped 
with a device that automatically limits range of movement, it must be 
used and set to prevent any part of the crane, load or load line 
(including rigging and lifting accessories) from breaching the minimum 
clearance distance established under Sec.  1926.1410(c). This paragraph 
is promulgated as proposed.
Paragraph (d)(7)
    Under paragraph (d)(7) of this section, if a tag line is used it 
must be nonconductive. This requirement provides additional protection 
to those employees who would be exposed to electrical hazards in the 
event that the equipment contacts a power line and the tag line they 
are holding becomes energized, or in the event that the tag line itself 
makes contact with the power line.
    Refer to the discussion of Sec.  1926.1407(b)(2) for further 
explanation of tag line non-conductivity and public comments received 
on this subject. This provision is promulgated as proposed.
Paragraph (d)(8)
    Under paragraph (d)(8) of this section, barricades must be used to 
form a perimeter at least 10 feet away from the equipment to prevent 
unauthorized personnel from entering the work area. In areas where 
obstacles prevent the barricade from being at least 10 feet away, the 
barricade is required to be as far from the equipment as feasible. This 
provision, along with Sec. Sec.  1926.1410(d)(9) and 1926.1410(d)(10), 
minimizes the likelihood that any more employees than are absolutely 
necessary to the operation will be near the equipment in the event the 
equipment, load or load line makes electrical contact with the power 
line. No comments were submitted on this provision; therefore, it is 
promulgated as proposed.
Paragraph (d)(9)
    Under paragraph (d)(9) of this section, employees other than the 
operator are prohibited from touching the load line above the 
insulating link/device and equipment. The reason C-DAC did not extend 
this prohibition to the operator is that the operator, by being in the 
cab, is going to be in electrical contact with both the equipment and 
load line. However, this assumes that the operator is in fact standing 
or sitting on the equipment. There may be some situations where this is 
not the case. For example, some equipment may be operated by pendant 
control or wireless control; in such cases the operator need not be on 
the equipment to control it. OSHA requested public comment on this 
issue.
    Commenters agreed that equipment operators operating from the 
ground via remote controls need to be protected from potential shocks 
by either (1) using wireless controls that physically isolate the 
operator from the equipment; or (2) using insulating mats that insulate 
the operator from the ground. (ID-0062.1; -0162.1.) OSHA agrees with 
these comments. Although rubber insulating matting is designed for use 
as a floor covering, the Agency determines that such mats can provide 
an additional measure of protection for workers operating the equipment 
from the ground.\64\ OSHA has amended paragraph (d)(9) accordingly.
---------------------------------------------------------------------------

    \64\ The proposed revision of subpart V also proposed a new 
construction standard for electrical protective equipment, which 
would cover rubber insulating matting. Until the subpart V revision 
is finalized, rubber insulating matting meeting ASTM D178-01(2005) 
Standard Specification for Rubber Insulating Matting, meets the 
requirement in final Sec.  1926.1410(d)(9) for insulating mats.
---------------------------------------------------------------------------

Paragraph (d)(10)
    Under paragraph (d)(10) of this section, only personnel essential 
to the operation are permitted to be in the area of the equipment and 
the load. In conjunction with Sec. Sec.  1926.1410(d)(8) and 
1926.1410(d)(9), this minimizes the likelihood that any more employees 
than are absolutely necessary to the operation would be in a position 
to make electrical contact with the equipment in the event the 
equipment, load or load line makes electrical contact with the power 
line. No comments were submitted on this provision; it is promulgated 
as proposed.
Paragraph (d)(11)
    Under paragraph (d)(11) of this section, the equipment must be 
properly grounded. As described in the summary and explanation of final 
Sec.  1926.1408(a)(2)(i) Option (1), in the event the equipment 
inadvertently makes electrical contact with the power line, proper 
grounding will protect employees in two ways. First, if the line is 
equipped with a circuit interrupting device, the grounding facilitates 
the operation of the device to deenergize the line. However, under some 
conditions, for example, if there is arcing contact or if the contact 
is near the end of a power

[[Page 47964]]

line, the fault current may not be high enough to open the circuit for 
the power line. Second, in the event an employee on the ground is 
touching the equipment when it contacts the power line or if the 
circuit protective device does not operate to deenergize the power 
line, proper grounding will reduce the danger to the employee by 
providing an additional, low resistance path to ground for the electric 
current, substantially lowering the voltage on the equipment while the 
power line remains energized.\65\
---------------------------------------------------------------------------

    \65\ It should be noted that hazardous potential differences can 
be created in the ground when a contact occurs, and employees 
standing close to, but not touching, anything in contact with the 
power line can still be injured or killed. The requirements in Sec.  
1926.1425, Keeping clear of the load, which are designed to protect 
employees from being struck or crushed by hazards, will also protect 
employees from these electrical hazards.
---------------------------------------------------------------------------

    Commenters on this provision stressed the need for worker training 
on proper equipment grounding procedures and the limitations of the 
protection that grounding provides. (ID-0131.1; -0155.1; -0161.1.) OSHA 
agrees. As discussed under Sec.  1926.1408(g), OSHA is requiring that 
the training under that paragraph include training in proper grounding 
procedures and the limitations of the protection grounding provides. To 
make clear that the training required under Sec.  1926.1408(g) is also 
required under this section, OSHA is adding Sec.  1926.1410(m), 
discussed below, to require that operators and crew assigned to 
equipment under this section be trained in accordance with Sec.  
1926.1408(g). Section 1926.1410(d)(11) is promulgated as proposed.
Paragraph (d)(12)
    Under paragraph (d)(12) of this section, insulating line hose or 
cover-up must be installed by the utility owner/operator except where 
such devices are unavailable for the line voltages involved. The 
Committee noted that prior subpart N, at former Sec.  1926.550(a)(15), 
allowed such insulating barriers to be used as a complete alternative 
to deenergizing and grounding or to maintaining the applicable minimum 
clearance distance from the power line. However, the Committee 
determined that such insulating devices do not provide complete 
protection because they can be pierced if the equipment makes more than 
brushing contact with the device. However, the Committee concluded that 
these insulating devices do provide protection if there is brushing 
contact and that such devices are useful to supplement the other 
protective measures provided by the requirements of this Sec.  
1926.1410(d).
    One commenter on this provision believed that when work is being 
performed under Sec.  1926.1410 around voltages above which insulating 
line hose or cover-up are available, OSHA should require that the power 
line be deenergized and visibly grounded. (ID-0161.1.) Another 
commenter stated that the Committee correctly limited the use of line 
hoses and similar rubber cover-ups as complete protection since it can 
be pierced, but stated that it was unfortunate that the Committee 
prohibited the use of other rigid plastic barriers that are effective 
insulation and are not easily pierced. (ID-0144.1.) Regarding the 
former comment, OSHA notes that the rule applies only when the employer 
demonstrates that it is infeasible to deenergize and ground the power 
line. Also, the provision does not require that line hose or cover-up 
be made of rubber; if rigid plastic barriers provide effective 
insulation for the voltage involved, they are permitted by this 
paragraph. OSHA also notes that rigid plastic barriers (that is, 
electrically insulating plastic guard equipment) is also intended for 
brush contact only. (See ASTM F712--06 Standard Test Methods and 
Specifications for Electrically Insulating Plastic Guard Equipment for 
Protection of Workers.) Although this equipment may be able to 
withstand higher forces, it is easier to displace than rubber 
insulating line hose. This provision is promulgated as proposed.
Paragraph (e)
    Under paragraph (e) of this section, the procedures that are 
developed to comply with Sec.  1926.1410(d) must be documented and 
immediately available on-site. This ensures that these procedures are 
available to be used as a reference while the work is in progress.
    No comments on this provision were submitted, and it is promulgated 
as proposed.
Paragraph (f)
    Under paragraph (f) of this section, the equipment user and utility 
owner/operator (or registered professional engineer) must meet with the 
equipment operator and the other employees who will be in the area of 
the equipment or load to review the procedures that are developed under 
Sec.  1926.1410(d) to prevent a breach of the minimum clearance 
distance established under Sec.  1926.1410(c). It is important that 
this review take place so that the operator and other employees 
understand this critical information and have the opportunity to 
discuss the procedures with the utility owner/operator or registered 
professional engineer who developed the procedures.
    OSHA notes that proposed Sec.  1926.1410(f) referred only to the 
utility owner/operator. However, under Sec.  1926.1410(d), the 
procedures are determined in a planning meeting with either the utility 
owner operator or a registered professional engineer, and whichever 
entity helped develop those procedures must also participate in the 
meeting required under paragraph (f). Therefore, OSHA has modified this 
paragraph by adding a reference to the registered professional engineer 
as an alternative to the utility owner/operator.
    Several electric utility representatives questioned OSHA's 
authority to impose these and other requirements upon power line owners 
and operators. (ID-0162.1; -0166.1; -0203.1; -0226.1.) As stated above 
in response to similar arguments, this paragraph does not require the 
utility owner/operator to take any action. Another commenter asked who 
was responsible for bearing the costs of deenergizing power lines and 
other safety precautions, and what would happen if a utility owner/
operator was unable to meet the equipment user at the requested time. 
(ID-0155.1) As stated above with respect to compliance costs, OSHA 
determines that issues of compliance costs and specific obligations are 
best handled as contractual matters among the parties involved, and/or 
as prescribed by local and regional utility regulatory authorities.
Paragraphs (g) and (h)
    Under paragraph (g) of this section, the employer must implement 
the procedures developed in accordance with Sec.  1926.1410(d). And 
under paragraph (h) of this section, the utility owner/operator (or 
registered professional engineer) and all employers of the employees 
involved in the work must identify one person who will direct the 
implementation of the procedures. This person must direct the 
implementation of the procedures and have the authority to stop work at 
any time to ensure safety. As with paragraph (f) of this section, OSHA 
is adding a reference to the registered professional engineer to 
paragraph (h) to ensure that the entity that helped develop the 
procedures participate in the decision required under paragraph (h).
    The Committee concluded that, in view of the fact that more than 
one employer is typically involved in these situations, coordination 
among the employers of these employees is needed for the protective 
measures to be effectively implemented. Once the

[[Page 47965]]

operation is underway, safety-related orders typically need to be given 
and followed without delay. Since an employee of one employer typically 
would not immediately follow an instruction from another employer, it 
is necessary that, before these operations begin, all employees 
understand that the one designated person will have this authority. For 
these reasons, the Committee determined that there needs to be one 
person who all involved in the operation recognize as having this role 
and authority.
    A commenter objected to having the utility owner/operator involved 
in determining which individual should direct implementation of the 
procedures, saying that the decision should be made by the contractors. 
(ID-0155.1.) OSHA notes that this provision is closely tied to 
paragraphs (d) and (f) of this section, under which the utility owner/
operator or registered professional engineer is involved in developing 
the procedures and in reviewing the procedures with the appropriate 
employees. At this point, the utility or registered professional 
engineer is well situated to help identify an individual who is able to 
direct the implementation of the procedures. As with the other 
provisions of this section that require the involvement of the utility 
or a registered professional engineer, the utility has the discretion 
not to participate, in which case the employer operating the equipment 
must use a registered professional engineer.
Paragraph (i) [Reserved]
Paragraph (j)
    This provision requires the employer to safely stop operations if a 
problem occurs with implementing the procedures in paragraph (d) of 
this section or if there is an indication that those procedures are 
inadequate to prevent electrocution. In addition, this provision 
requires that the employer either develop new procedures which comply 
with paragraph (d) or contact the utility owner/operator and have them 
deenergize and visibly ground or relocate the power line(s) before 
resuming operations.
    Two commenters suggested that the utility might not be able to 
deenergize the lines for medical or security reasons and asked what 
would happen in such a case. (ID-0155.1; -0162.1.) OSHA recognizes that 
utilities may not be willing or able to discontinue power to their 
customers, and Sec.  1926.1410(j) permits relocating the line as an 
alternative to deenergizing.
    An electric utility representative requested that OSHA clarify 
which employer has the responsibility to comply with this provision, 
stating it should be the equipment operator and not the utility owner/
operator. (ID-0161.1.) OSHA notes that this paragraph's requirement for 
the employer to ``safely stop operations'' applies to the employer(s) 
who are conducting the operation, and the requirement for that employer 
to contact the utility owner/operator after stopping operations makes 
clear that a utility owner/operator who is not conducting equipment 
operations near the power line is not the ``employer'' under this 
paragraph. OSHA concludes these points are sufficiently clear, and the 
provision is promulgated as proposed.
Paragraph (k)
    Proposed paragraph (k) required that, where a device originally 
designed by the manufacturer for use as a safety device, operational 
aid, or a means to prevent power line contact or electrocution is used 
to comply with Sec.  1926.1410, it must meet the manufacturer's 
procedures for use and conditions of use. (See Sec.  1926.1417 for a 
discussion of OSHA's authority to require compliance with manufacturer 
procedures.) No comments were received on this provision; it is 
promulgated as proposed.
General Comment
    A commenter suggested that OSHA consider requiring a written permit 
as a precondition to any work being done closer than 20 feet to a power 
line.\66\ (ID-0201.1.) The permit, according to this commenter, should 
document many of the requirements of this section, including the basis 
for the employer's infeasibility determinations, the utility owner/
operator's or registered professional engineer's determination of a 
minimum clearance distance, the specific procedures to be followed in 
performing the work, verification that the employees have received the 
required training, and other information relevant to the work. The 
commenter did not explain why it believed such a permit system would 
result in greater safety, but OSHA infers that the commenter believes 
that the need to document certain information, such as the basis for 
the employer's infeasibility findings, will lead to more careful 
consideration of the factors that enter into the decision that it is 
necessary to work closer to a power line than is normally permitted and 
more carefully thought out procedures when such work is done. OSHA is 
not convinced that a permit system is needed to ensure that employers 
act carefully under this section. OSHA expects that the stringent 
precautions required when employers work closer than the Sec.  
1926.1408 and Sec.  1926.1409 clearance distances will ensure that an 
employer will only determine that it is infeasible to work within those 
distances if there is really no other viable option. Similarly, the 
requirement that a minimum clearance distance must be determined by a 
utility owner/operator or registered professional engineer ensures that 
sound expert judgment will enter into that determination without the 
need for additional documentation.
---------------------------------------------------------------------------

    \66\ This commenter recommended that 20 feet should be the 
minimum clearance distance for all work and that Table A of Sec.  
1926.1408 should be deleted. OSHA explained in Sec.  1926.1408 why 
it was rejecting this suggestion.
---------------------------------------------------------------------------

Subpart V Work
    In the proposed rule, OSHA discussed in detail the compliance 
duties the rule would impose on employers engaged in subpart V work 
(see 73 FR 59762-59764, Oct. 9, 2008). Industry representatives 
objected to some of the changes from the requirements of subpart V. 
Among other things, they pointed to another ongoing rulemaking in which 
OSHA proposed to amend subpart V in ways that differ from the changes 
proposed by C-DAC (70 FR 34821, Jun. 15, 2005).\67\
---------------------------------------------------------------------------

    \67\ The subpart V proposed rule was published after C-DAC 
completed its work.
---------------------------------------------------------------------------

    OSHA proposed requirements in addition to those in subpart V 
because it had already concluded that the measures required by subpart 
V for the operation of equipment near power lines are insufficiently 
protective. (See the discussion of Sec.  1910.269(p)(4) in the preamble 
to the final rule promulgating the general industry standard on the 
operation and maintenance of electric power generation, transmission, 
and distribution installations (59 FR 4320, 4400-4404, Jan. 31, 1994)). 
Although proposed subpart V would require measures that are 
sufficiently protective, OSHA has not yet adopted it as a final rule. 
Consequently, the Agency is taking action today to increase the 
protection currently afforded by subpart V. In doing so, OSHA has also 
addressed the concerns raised by utility industry representatives.
    First, as discussed above, OSHA has made several changes to the 
final rule in response to comments from the electric utility industry. 
These include: (1) An expanded exclusion for digger derricks used in 
utility pole work; (2) deleting the requirement that employers engaged 
in subpart V work show the infeasibility of complying with the required 
clearance distances in Sec. Sec.  1926.1408

[[Page 47966]]

through 1926.1409; and (3) an alternative to the requirement for 
insulating links under Sec.  1926.1410(d)(4).
    In addition, employers engaged in subpart V activities are not 
required to implement certain other protective measures required by 
this standard when working near power lines. As discussed above, 
subpart V work would not be subject to the requirement for an 
additional protective measure from the list in Sec.  1926.1408(b)(4). 
Also, subpart V work would not be subject to the prohibition in Sec.  
1926.1408(d)(1) against equipment operating under power lines (see 
discussion above of Sec.  1926.1408(d)(2)(i)). And Sec.  
1926.1410(d)(3) provides that an employer engaged in subpart V work 
closer than the Table A of Sec.  1926.1408 distance is not required to 
use an elevated warning line or barricade.
    In recognition of the fact that much subpart V work necessarily 
takes place on or near energized power lines, employers engaged in such 
work may comply with shorter minimum clearance distances than those 
specified in Sec. Sec.  1926.1408 and 1926.1409: they must generally 
adhere to the clearance distances in Table V-1 of Sec.  1926.950. 
However, Sec.  1926.952(c)(2) (redesignated as Sec.  1926.952(c)(3) as 
a result of this rulemaking) permits clearances less than those in 
Table V-1 and includes requirements that must be met when equipment is 
operating closer to power lines that those distances. To make this 
clear, Sec.  1926.1410(c)(2) provides: ``Employers engaged in subpart V 
work are permitted to work closer than the distances in Sec.  1926.950 
Table V-1 where both the requirements of this section and Sec.  
1926.950(c)(3)(i) or (ii) are met.'' \68\ OSHA is also making 
conforming amendments to Sec.  1926.952(c)(3), which was formerly 
designated Sec.  1926.952(c)(2).
---------------------------------------------------------------------------

    \68\ The proposed rule referred to ``Sec.  1926.950(c)(2)(iii) 
or (iv).'' The final rule reflects the changes in numbering to Sec.  
1926.950(c)(2) that are made elsewhere in this final rule.
---------------------------------------------------------------------------

    Under this section, the precautions previously specified in 
Sec. Sec.  1926.952(c)(2)(i) and (ii) are required under Sec.  
1926.1410(d) when equipment used in subpart V work is operated closer 
than the Table V-1 clearances. Since these precautions are now required 
by Sec.  1926.1410(d), OSHA is deleting them from subpart V as 
redundant. Therefore, OSHA is including the non-redundant provisions 
from the proposed rule in the final rule, with proposed Sec.  
1926.952(c)(2) redesignated as Sec.  1926.952(c)(3).\69\
---------------------------------------------------------------------------

    \69\ In subpart V, when equipment is considered energized, a 
number of subpart V requirements are triggered. See, e.g., Sec.  
1926.951(c)(1) (restricting use of metal or conductive ladders near 
energized equipment); Sec.  1926.951(f)(3) (hydraulic tools used on 
or around energized equipment shall use nonconducting hoses); Sec.  
1926.953(c) (materials or equipment shall not be stored near 
energized equipment if it is practical to store them elsewhere).
---------------------------------------------------------------------------

    One commenter opposed deleting former Sec. Sec.  1926.952(c)(2)(i) 
and (ii) because the commenter believed that it would not be confusing 
to duplicate requirements now found in subpart CC in subpart V. OSHA 
disagrees. As amended by this rule, Sec.  1926.952(c)(3) states that 
its requirements are ``in addition to'' the requirements in Sec.  
1926.1410. Restating requirements in Sec.  1926.952(c)(3) that are also 
found in Sec.  1926.1410 can lead to uncertainty over whether the 
duplicate requirements are in fact redundant or are separate 
requirements.\70\
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    \70\ Amendments to Sec.  1926.950(c)(1) are discussed in Sec.  
1926.1400, Scope.
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    OSHA notes that in this zone, one of the options that an employer 
engaged in subpart V has under prior Sec.  1926.952(c)(3)(i) is to 
insulate the equipment. Under Sec.  1926.1410(d)(11), that employer 
also must ground the equipment. An employer can comply with both 
requirements by using equipment with an insulating boom and grounding 
the uninsulated portion of the equipment (that is, the portion below 
the insulated section of the boom).
    It should also be noted that, in the subpart V rulemaking, OSHA has 
proposed to prohibit equipment (other than insulated aerial lifts, 
which are not covered by this final rule) from being operated closer 
than the minimum approach distances from power lines. If this 
prohibition is carried into the final subpart V rule, then the 
requirements in this final rule relating to work inside the distance in 
Table V-1 will have no effect.
    Finally, Sec.  1926.1400(g) includes a new compliance alternative 
for subpart V work that has been added to the final rule.
Paragraph (l) [Reserved]
Paragraph (m)
    As noted above, the training requirements contained in Sec.  
1926.1408(g) are being added to this section as well to assure that 
employees engaged in activities under this section receive adequate 
training.
Section 1926.1411 Power Line Safety--While Traveling Under Power Lines 
With No Load
Paragraph (a)
    Proposed paragraph (a) provided that this section is designed to 
protect against electrical hazards while equipment is traveling with no 
load under power lines on a construction site. It did not address the 
potential hazards associated with equipment traveling without a load 
near power lines. OSHA requested public comment on whether it is 
necessary to expand the applicability of this section to include 
equipment traveling on a construction site without a load near power 
lines.
    Two commenters favored broadening the applicability of Sec.  
1926.1411 to include equipment traveling near power lines, with 
``near'' being defined as the distances listed in Table T. (ID-0205.1; 
-0213.1.) One commenter responded that adding an additional set of 
power line clearance distances to trigger the requirements of Sec.  
1926.1411 would be confusing. (ID-0144.1.) A fourth commenter thought 
that the requirements of Sec.  1926.1411 should extend to cover 
equipment traveling ``along side of'' power lines, but did not suggest 
a definition for the term ``along side of.'' (ID-0155.1.)
    After considering these public comments, OSHA concludes that this 
section should address the hazard of equipment traveling near, as well 
as under, power lines with no load. If equipment comes into electrical 
contact with a power line while traveling without a load, the same 
electrocution hazard is present as when it is operating with a load. 
The precautions in this section will protect workers against that 
hazard.
    OSHA agrees with the two commenters who suggested that Table T of 
this section contains appropriate clearances for equipment traveling 
near, as well as under, power lines. Applying Table T to equipment 
traveling near power lines will provide a uniform rule for this section 
and will ensure adequate worker protection. Although the Table T 
clearance distances are less than those required under Table A of Sec.  
1926.1408 during crane operations, additional protection is provided 
under this section by the requirement in paragraph (b)(1), discussed 
below, that the boom/mast and boom/mast support system be lowered 
sufficiently to meet the requirements of this paragraph. With the boom/
mast lowered, the highest point of the equipment will generally be 
below the plane of the power line, reducing the risk of accidental 
contact. Moreover, as also noted below, the dedicated spotter 
requirement of Sec.  1926.1411(b)(4) will be triggered whenever the 
equipment while traveling will get closer than 20 feet to a power line, 
thereby providing additional protection against accidental contact.

[[Page 47967]]

    Accordingly, in the final rule, paragraph (a) applies to 
``equipment traveling under or near a power line on a construction site 
with no load.'' In addition, in the proposed rule, the heading of Sec.  
1926.1411 read: ``Power line safety--while traveling.'' In the final 
rule, OSHA has added the words ``under or near power lines with no 
load'' so that the heading more clearly describes the activity to which 
the section applies.
    These requirements apply only to cranes/derricks while traveling on 
a construction site under or near power lines; they do not apply to 
equipment while traveling on roads (or in areas) that are not part of a 
construction site. In addition, this section does not apply to 
equipment traveling on a construction site with a load. That situation 
is governed by Sec. Sec.  1926.1408, 1926.1409, and 1926.1410. To make 
this clear, OSHA is adding the language to paragraph (a) specifying 
that Sec. Sec.  1926.1408, 1926.1409, and 1926.1410, whichever is 
appropriate, govern equipment traveling on a construction site with a 
load.
Paragraph (b)
    Under paragraph (b)(1) of this section, the boom/mast and boom/mast 
support system must be lowered sufficiently to meet the requirements of 
this paragraph. Paragraph (b)(2) specifies that the clearances 
specified in Table T of this section must be maintained. The values in 
Table T, which provides the minimum clearance distances while traveling 
with no load and a lowered boom, are substantially similar to the 
values used in sec. 5-3.4.5.5 of ASME B30.5-2004.
    In the proposed rule, the heading of Table T read: ``MINIMUM 
CLEARANCE DISTANCES WITH NO LOAD AND BOOM/MAST LOWERED.'' In addition, 
each clearance distance in the table was followed by the following 
parenthetical: ``(while traveling, boom lowered).'' OSHA determines 
that the references to the boom in the heading and parentheticals could 
be confusing. The intent of the table is to establish minimum clearance 
distances while the crane is traveling, not clearance distances with 
the boom lowered. As noted in the discussion of Sec.  1926.1411(b)(1), 
the boom and/or mast must be lowered sufficiently to comply with Table 
T; it is not a prerequisite to the applicability of Table T. 
Accordingly, in the final rule, the words ``AND BOOM/MAST LOWERED'' are 
deleted from the heading of Table T, and the parentheticals are also 
removed from the clearance distances in the table.
    Section 1926.1411(b)(3) requires the employer to ensure that the 
effects of speed and terrain are considered so that those effects do 
not cause the minimum clearance distances specified in Table T to be 
breached. Sections 1926.1411(b)(1)-(3) are promulgated as proposed.
    Section 1926.1411(b)(4) requires the employer to use a dedicated 
spotter if any part of the equipment while traveling will get closer 
than 20 feet to a power line. This provision also requires that the 
dedicated spotter be in continuous contact with the crane operator; be 
positioned to effectively gauge the clearance distance; where 
necessary, use equipment that enables the spotter to communicate 
directly with the crane operator; and give timely information to the 
crane operator so that the required clearance distance can be 
maintained. See the earlier discussion of spotters in Sec. Sec.  
1926.1407 and 1926.1408.
    In reviewing proposed Sec.  1926.1411(b)(4), OSHA noted that the 
language ``crane operator'' was used rather than ``driver.'' Because 
Sec.  1926.1411 deals with power line safety while equipment is 
traveling without a load, OSHA recognized that the language ``crane 
operator'' may not be appropriate in all situations. In some cases a 
crane operator may not be the driver of such equipment on the 
construction site. Therefore, OSHA solicited comments on whether the 
language ``crane operator'' used in proposed Sec.  1926.1411(b)(4) 
should be changed to ``driver'' or ``driver/operator.'' The two 
commenters who addressed this issue supported changing the language to 
``driver/operator.'' (ID-0205.1; -0213.1.) Therefore, this change to 
the regulatory text has been made in the final rule.
    Section 1926.1411(b)(5) requires the employer to ensure that, when 
traveling at night or in conditions of poor visibility, the power lines 
must either be illuminated or another means of identifying them are 
used and a safe path of travel is identified. No public comments 
concerning this provision were received; therefore, it is promulgated 
as proposed.
Section 1926.1412 Inspections
    This section seeks to prevent injuries and fatalities caused by 
equipment failures by establishing an inspection process that 
identifies and addresses safety concerns. The reasoning underlying the 
proposed requirements is discussed at 73 FR 59766-59776, Oct. 9, 2008. 
The following addresses public comments and differences between the 
proposed and final rules.
    Paragraphs (a) through (j) of this section provide inspection 
requirements for equipment covered by subpart CC. Those requirements 
are supplemented by other sections of this standard for specific types 
of equipment. This section is structured so that certain activities 
(e.g., equipment modification, repair/adjustment, assembly, severe 
service, or equipment not in regular use) and the passage of time 
(e.g., shift, monthly, and annual/comprehensive) trigger the inspection 
requirements.
    The proposed rule specified that the various inspections were to be 
conducted by either a ``competent person'' or a ``qualified person'' 
depending on the type of inspection. Both terms are defined in Sec.  
1926.01. OSHA solicited public comment on whether a protocol similar to 
that for signal person qualifications in Sec.  1926.28 is needed to 
ensure that the person who performs these inspections has the requisite 
level of expertise (73 FR 59766, Oct. 9, 2008). Section 1926.28 
establishes qualification requirements for signal persons and requires 
those individuals to have their qualifications evaluated by a qualified 
evaluator to act as signal persons under this subpart.
    Several commenters responded that there should be a verified 
testing system to ensure ``qualified inspectors'' have the requisite 
knowledge to inspect effectively or that the standard require 
inspectors to demonstrate that ability. (ID-0182.1; -0187.1; -0226.)
    Regarding paragraph (f) of this section (annual/comprehensive 
inspections of equipment) and Sec.  1926.1413(c) (annual wire rope 
inspections), a local government further recommended that OSHA require 
that a government agency or a third party crane inspector licensed or 
certified by the local government perform the annual inspection. (ID-
0156.1.) The commenter also believed that the individual who inspects 
an equipment modification in accordance with paragraph (a) of this 
section must possess a certification from the manufacturer or an 
independent third party and have the requisite training to inspect 
modified, repaired, or altered crane components.
    In contrast, a utility company and two trade associations did not 
support revising the final rule to include a more stringent inspector 
qualification requirement. (ID-0226; -0205.1; -0213.) The two trade 
associations expressed concerns that the Committee never discussed the 
required level of knowledge of inspection workers, which, in the 
commenter's view, means that consensus was not reached on the issue and 
that the issue should not be included in the final rule.

[[Page 47968]]

    In response to these comments, OSHA is retaining the qualification 
requirements for inspectors as specified in the proposed rule but is 
not mandating that the inspector be assessed by a qualified evaluator, 
certified, or licensed because there is not sufficient evidence in the 
record to warrant these additional requirements. A number of current 
OSHA construction standards, as did former Sec.  1926.550, require 
inspections to be conducted by competent persons or qualified persons. 
For example, Sec.  1926.651(k) requires that a competent person conduct 
a daily inspection of excavations for possible cave-in hazards. OSHA is 
not aware of evidence in the record indicating that accidents would be 
prevented if OSHA required inspectors to have additional qualifications 
or credentials. OSHA disagrees, and concludes that accidents do not 
occur due to the inability of competent or qualified persons to conduct 
adequate inspections of cranes under the former standard. Accordingly, 
OSHA is retaining the requirement in Sec.  1926.1412 that the various 
required inspections be conducted either by competent persons or 
qualified persons.
    The local government's request that OSHA not preempt local laws and 
allow local governments to continue to play a role in crane inspections 
is within the scope of the local government's broader preemption 
concerns addressed in the discussion of federalism in section V.D of 
this preamble. However, OSHA notes that Sec.  1926.1412 would not 
preclude local government inspectors or others who are not employees of 
the employer responsible for the inspections, from serving as 
inspectors in compliance with the requirements of this standard. The 
inspector need only meet the definition of a competent or qualified 
person in Sec.  1926.1401 (note that a ``competent person'' must have 
the authority to take corrective action.)
Paragraph (a) Modified Equipment
    Paragraph (a) of this section requires an inspection (that includes 
functional testing of the equipment) to be performed by a qualified 
person for equipment that has been modified or has additions that 
affect the safe operation of the equipment prior to initial use after 
that modification/addition.\71\ As proposed, this paragraph did not 
contain a documentation requirement. An industrial contractor stated 
that the standard should require documentation of this inspection (as 
well as the inspections required under paragraphs (b) and (c) of this 
section, discussed below) but offered no reasons to support its 
suggestion. (ID-0120.) Absent a basis in the record to add such a 
requirement, OSHA declines to require documentation of the inspections 
under paragraphs (a), (b), and (c).
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    \71\ The phrase ``modifications or additions'' and the term 
``modifications/additions,'' as used in this section, have the same 
meaning (an addition is a type of modification). C-DAC wanted to 
emphasize that additions are subject to the same approval procedures 
as other types of modifications. Wherever a form of the word 
``modification'' is used in this preamble, it is a reference to all 
modifications, including additions.
---------------------------------------------------------------------------

    Proposed Sec.  1926.1412(a)(1)(ii) stated that ``[t]he inspection 
shall include functional testing.'' OSHA requested public comment on 
whether it should modify the provision to limit the functional testing 
requirement to components that the modification affects or may affect 
(73 FR 59766-59767, Oct. 9, 2008). Several commenters asserted that 
functional testing is only necessary to test modifications of the 
equipment and other affected components. (ID-0205; -0213.) In contrast, 
a local government asserted that the functional testing should be of 
the entire crane. (ID-0156.1.)
    OSHA is concerned that there may be instances where a modification 
has an unanticipated effect on the equipment that would not become 
apparent if the test were limited. Therefore, the Agency has decided to 
require a functional test of the equipment as a whole. To make this 
clear, the words ``of the equipment'' have been added at the end of the 
sentence of the provision in the final rule.
    During the SBREFA process, a Small Entity Representative (SER) 
suggested adding an exception to Sec.  1926.1412(a) for 
``transportation systems,'' by which the SER meant any system 
dispersing the weight of the crane for movement on a highway. As 
recommended by the Panel, OSHA solicited public comment on whether to 
include such an exception and possible language for it (73 FR 59767, 
Oct. 9, 2008). No comments were submitted on this point. OSHA notes 
that Sec.  1926.1412 specifies the items that must be inspected, and 
these items do not include any items dealing with the movement of 
equipment on a highway.
Paragraph (b) Repaired/Adjusted Equipment
    Paragraph (b) of this section provides that equipment that has had 
a repair or adjustment that affects the safe operation of the equipment 
must be inspected by a qualified person prior to initial use after the 
repair/adjustment. In summary, the qualified person is required to 
determine if such repairs and adjustments were performed in accordance 
with manufacturer equipment criteria.
    Proposed Sec.  1926.1412(b)(1)(iii) stated that ``[t]he inspection 
shall include functional testing.'' As in the case of proposed Sec.  
1926.1412(a)(1)(ii) discussed above regarding modified equipment, OSHA 
requested public comment on whether the functional testing required for 
repaired/adjusted equipment should be limited to testing only those 
components that are or may be affected by the repair or adjustment (73 
FR 59767, Oct. 9, 2008).
    Several commenters asserted that functional testing is only 
necessary to test the repairs or adjustments and other affected 
components and systems of the equipment. (ID-0205; -0213.) In contrast, 
one commenter indicated that the functional testing should be of the 
entire crane. (ID-0156.)
    The standard requires that repairs or adjustments of equipment must 
be done in accordance with the manufacturer's or qualified person's 
recommendations. Repairs or adjustments are meant to restore equipment 
to original design specifications and safety factors. Otherwise, OSHA 
considers the maintenance activity performed a modification of the 
equipment. In essence, repair or adjustment of a system or component 
must be consistent with the engineering in the original equipment 
design. OSHA believes that a functional test that is limited to only 
those components that are or may be affected by the repair or 
adjustment, in conjunction with the inspection required under Sec.  
1926.1412(d). Each shift (discussed below), will sufficiently identify 
a deficient repair or adjustment. OSHA has therefore modified the 
language of Sec.  1926.1412(b)(1)(iii) in the final rule accordingly.
    A commenter stated that Sec.  1926.1412(b) should be structured 
similarly to Sec.  1926.1434, Modifications, in that the employer 
should be required to consult with the manufacturer before employers 
perform repairs or adjustments of equipment that relate to safe 
operation. (ID-0292.) In that case, the commenter stated, no third 
party would be able to overrule a manufacturer statement that a repair 
cannot be made. The commenter believed that an employer should only be 
able to go to paragraph (b)(1)(ii) if the manufacturer is unavailable.
    OSHA does not agree with the suggested change. Implicit in the 
comment is the suggestion that there are instances where a repair 
cannot be made without compromising the integrity of the equipment. 
That concern is already addressed by the standard. If the repair

[[Page 47969]]

cannot meet the criteria in accordance with Sec.  1926.1412(b)(1)(i) 
(or, if applicable, Sec.  1926.1412(b)(1)(i)), then the requirements in 
subpart CC for modifications would have to be met. Therefore, OSHA 
declines to adopt the suggested change.
Paragraph (c) Post-Assembly
    Paragraph (c) of this section requires a post-assembly inspection 
of equipment by a qualified person prior to its use. In sum, the 
provision requires the qualified person to assure that the equipment is 
configured in accordance with the manufacturer's equipment criteria. If 
manufacturer equipment criteria are unavailable, the qualified person 
must determine whether a registered professional engineer (RPE) is 
needed to develop criteria for the equipment configuration. If an RPE 
is not needed, the employer must ensure that a qualified person 
develops them. If an RPE is needed, the employer must ensure that an 
RPE develops them. Equipment must not be used until an inspection under 
this paragraph demonstrates that the equipment is configured in 
accordance with the applicable criteria. OSHA received no comments on 
the proposed paragraph; therefore, it is published as proposed.
Paragraph (d) Each Shift
    Paragraph (d) of this section requires a shift inspection, the 
first of three regularly scheduled equipment inspections that are 
required. Specifically, paragraph (d)(1) sets forth the frequency of 
this inspection, the degree of scrutiny required and the level of 
expertise required of the person performing this inspection. The 
paragraph lists the items that are required to be included in this 
inspection and specifies the corrective action that is required. The 
purpose of this provision is to identify and address safety hazards 
before they cause accidents.
    A utility company recommended that OSHA revise Sec.  1926.1412(d) 
to read ``each shift the equipment is used * * * .'' to clarify that 
the equipment does not have to be inspected when it will not be used on 
a shift. (ID-0226.) This suggested change is consistent with the intent 
of the proposed rule, and OSHA is adding similar language to final rule 
Sec.  1926.1412(d)(1) to clarify that intent.
    One commenter asserted that OSHA should prohibit operation of the 
equipment until the shift inspection is complete rather than permitting 
the inspection to be completed during the shift. (ID-0156.1.) A 
different commenter disagreed. (ID-0143.) OSHA does not agree with this 
suggestion. While some of the items that must be inspected can readily 
be inspected before each shift, e.g., cab windows for deficiencies that 
would hinder the operator's view, others can best be checked while the 
equipment is operating. For example, one item that must be inspected is 
control mechanisms for maladjustments that interfere with proper 
operation. During the shift, such maladjustments may be easier to 
detect than a check conducted before the equipment is operating. Still 
others may change during the shift and require additional inspection. 
For example, if the crane is moved to a new location during the shift, 
it would be necessary to inspect the ground conditions in that 
location.
    Regarding the frequency of this inspection, an energy utility 
representative commented that the per-shift crane inspection fails to 
take into account the frequency or severity of use. (ID-0203.1.) The 
commenter points out that if a crane is used once during the first 
shift, and once during the second shift, even if only to lift a minor 
load, the inspection would have to be conducted twice. The commenter 
agrees that the per shift inspection may be valuable and necessary on 
constructions sites where cranes are used continuously for heavy use, 
but states that the level of inspection should be adjusted to reflect 
the infrequent use of mobile cranes for construction activities at 
operating generating plants. The commenter suggests that the final 
standard should permit employers to use the inspection protocol in ASME 
B30.5, sec. 5-2.
    OSHA does not agree that minimal use during one shift negates the 
need for a shift inspection during the next shift. Since the completion 
of the last shift inspection, the equipment could have developed a 
deficiency or been damaged even if it was used to hoist one load. For 
example, fluids may expand or freeze, seals may leak due to a change in 
temperature, structural materials may crack, or electrical components 
may fail. A deficiency that might not have been apparent earlier might 
become more readily observable.
    Moreover, while some equipment may be used infrequently for 
construction work, the commenter did not disagree that it may be used 
heavily for other purposes. When a crack, leak, or other hazard 
appears, and the equipment is to be used in construction, the source of 
that hazard is immaterial; the fact that the problem may have developed 
during non-construction uses does nothing to reduce the safety hazard 
that would be posed by the use of that equipment in construction. 
Instead, the multiple uses of some of this equipment, potentially by 
different employees using it for different purposes, makes it all the 
more likely that important information might not be shared in a timely 
manner, and therefore more important to ensure that the equipment is 
inspected during each shift of construction work. An employer cannot 
assume that the condition of the equipment has not changed since the 
completion of the last shift inspection, even if the employer did not 
use the equipment extensively during that shift. OSHA is convinced that 
it is reasonable, and not overly burdensome, to require a competent 
person to complete this inspection of the equipment before or during 
each shift to ensure it is safe for use.
    A competent person is required to perform the shift inspection. A 
labor management association commented that OSHA should replace 
``competent person'' with ``operator'' for the purposes of who should 
perform the visual inspection required by Sec.  1926.1412(d). (ID-
0172.) As explained in the preamble to the proposed rule, OSHA 
anticipates that the employer will often use the equipment operator as 
the competent person who conducts the shift inspection. The operator, 
in most cases, by virtue of his or her qualification or certification 
under Sec. Sec.  1926.1427 and 1926.1430, experience, and familiarity 
with the equipment, is a competent person. However, the employer has 
the flexibility to use someone else to conduct the shift inspection as 
long as that person is a competent person. When the operator does not 
qualify as a competent person, the employer is required to choose a 
different person. For these reasons, in the final rule, OSHA is 
retaining the requirement that a competent person conduct the shift 
inspection.
    A local government requested that the standard require the employer 
to document the completion and results of the shift inspection. (ID-
0156.1.) In addition, it asked that the standard require employers to 
submit daily logs to the equipment owner at the end of each job that 
include a list of maintenance and repairs made to the equipment by the 
user at the jobsite. It also requested that the owner maintain these 
documents for the life of the equipment and transfer them from owner to 
owner when sold.
    OSHA determines the documentation described by the commenter would 
be burdensome for the user and owner of the equipment, with no added, 
industry-recognized, benefit to safe hoisting operations. There is no 
significant, safety-related evidence in the record to substantiate the 
documentation

[[Page 47970]]

requirements the commenter recommended. Therefore, OSHA is not 
requiring documentation of the shift inspection.
    The SBREFA Panel recommended that OSHA solicit public comment on 
whether, and under what circumstances, booming down should be 
specifically excluded as a part of the shift inspection, and whether 
the removal of non-hinged inspection plates should be required during 
the shift inspection. Section 1926.1413(a)(1), discussed below, 
explicitly states that booming down is not required as part of the 
shift inspection for wire rope. C-DAC did not include a similar 
provision in the general shift inspection provision in Sec.  
1926.1412(d) because booming down is not required to observe a 
deficiency in any of the items requiring inspection under that 
paragraph. Similarly, OSHA determines that inspection for a deficiency 
in any of those items does not require the removal of non-hinged 
inspection plates.
    Several commenters submitted comments that indicated a need for 
OSHA to clarify that it is not usually necessary to boom down to 
complete a visual inspection of the items listed in Sec.  1926.1412(d). 
(ID-0143.1; -0205; -0213.) In response to the apparent ambiguity 
suggested indicated by these comments, OSHA is revising Sec.  
1926.1412(d)(1), to clarify that booming down is not required 
routinely. The term ``disassembly'' was replaced with ``taking apart 
equipment component'' in paragraph (d)(1) of this section to avoid any 
confusion as to whether the provision was addressing disassembly as 
defined for the application of Sec. Sec.  1926.1403 through 1926.1406.
    Paragraphs (d)(1)(i) through (xiv) set forth the list of items 
that, at a minimum, a competent person must inspect each shift. 
Paragraph (d)(1)(x) of the proposed rule listed ``[g]round conditions 
around the equipment for proper support, including ground settling 
under and around outriggers and supporting foundations, ground water 
accumulation, or similar conditions.''
    A railroad association objected to the application of this 
provision to railroads. (ID-0170.1.) The association commented that the 
Sec.  1926.1412(d)(1)(x) requirement that an inspector verify the 
ground conditions around the equipment before each shift makes no sense 
for a crane moving down the track. OSHA notes that this provision does 
not require a railroad to inspect the ground conditions along the track 
if a railroad crane is simply traveling down the track. Section 
1926.1402, which contains requirements for ground conditions, makes 
clear that the conditions being addressed are those where the equipment 
is operating. To the extent that a railroad crane may move down the 
track during a construction operation, OSHA determines it is 
appropriate to require the ground conditions along the track to be 
inspected to ensure that no hazardous conditions, such as the erosion 
or other physical degradations of the support for railways, have 
developed that will adversely affect the support needed for equipment 
to perform safely during hoisting operations. However, OSHA is adding 
language to exempt railroad tracks and their underlying support from 
inspection when those rails are regulated by the FRA. OSHA concludes 
that the exemption is appropriate because the FRA already regulates the 
ground conditions for railroad tracks, including specific regulations 
addressing the inspection of those rails and their support. See, e.g., 
49 CFR 213.233 (track inspections) and 213.237 (inspection of rail). 
For consistency and clarity, OSHA is adding similar language exempting 
rails regulated by the FRA to paragraph (d)(1)(xiii).
    A crane rental company objected to the requirement to inspect 
ground conditions, stating that there is no similar provision for 
inspecting ground conditions in the elements of inspections required by 
ASME B30.5 sec. 5-2.1.2. (ID-0143.1.) It also believes listing this 
requirement in the elements for shift inspections is confusing and 
suggests that this requirement should either be removed or included in 
Sec.  1926.1402, Ground Conditions. As stated in the explanation of the 
proposed rule, this item was included because ground conditions can 
change from shift to shift, and sufficient ground support is of 
critical importance for safety. OSHA is retaining it in this section 
because it is more appropriately included in the list of items to be 
inspected than as a stand-alone inspection item in Sec.  1926.1402.
    In paragraph (d)(1)(x) in the final rule, OSHA is replacing the 
word ``outriggers'' with ``outriggers/stabilizers.'' The term 
``stabilizers'' was added because some pieces of equipment, like 
articulating cranes, are designed to use stabilizers instead of 
outriggers to add stability at their bases. A full discussion of the 
comments that prompted this regulatory text change is provided in the 
explanation of the rule for Sec.  1926.1404(q).
    Proposed Sec.  1926.1412(d)(1)(xi) included among the items to be 
inspected ``the equipment for level position, both shift and after each 
move and setup.'' The SBREFA Panel recommended that OSHA solicit public 
comment about whether it is necessary to clarify the requirement of 
proposed Sec.  1926.1412(d)(1)(xi) that the equipment be inspected for 
``level position'' by clarifying the amount of tolerance that would be 
allowed for the equipment to be considered ``level.'' OSHA requested 
public comment on this issue and several commenters asked OSHA not to 
specify tolerance limits. (ID-0143.1; -0170; -0205; -0213; -0226.) OSHA 
notes that Sec.  1926.1402(b), which pertains to ground conditions, 
requires the equipment, during use, to be level to the degree specified 
by the equipment manufacturer. For clarity, OSHA is adding language to 
Sec.  1926.1412(d)(1)(xi) to state that the equipment must be inspected 
for level position ``within the tolerances specified by the equipment 
manufacturer's recommendations.'' OSHA is also adding the words 
``before each'' before shift to clarify the provisions intent.
    Paragraphs (d)(2) and (d)(3) require the employer to take 
corrective action where the competent person identifies a deficiency 
during inspection. Once the inspector identifies any deficiency in the 
areas in (d)(1)(i) through (xiii),\72\ or pursuant to other equipment-
specific inspections (e.g., Sec.  1926.1436(p) (inspection of 
derricks)), the inspector must immediately determine whether that 
deficiency constitutes a safety hazard. If so, then equipment 
operations must cease and the employer must take the equipment out of 
service, following the tag-out procedure in Sec.  1926.1417(f), and may 
not use it again until the deficiency has been corrected. This approach 
reflects C-DAC's determination that not all deficiencies constitute 
safety hazards. However, regardless of whether the inspector determines 
that there is a safety hazard, if any deficiency affects a safety 
device or operational aid, then the employer must take the steps 
required under Sec. Sec.  1926.1415, Safety Devices, or 1926.1416, 
Operational aids.
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    \72\ Proposed Sec.  1926.1412(d)(2) inadvertently referred to 
deficiencies in paragraphs (d)(1)(i) through (xiv), but the preamble 
to the proposed rule explained correctly that it only applied to 
deficiencies in paragraphs (d)(1)(i) through (xiii) (not (xiv)) (73 
FR 59770, Oct. 9, 2008). The text of paragraph (xiv) addresses 
operational aides and safety devices, which are specifically 
addressed in paragraph (d)(3). Therefore, in the final paragraph 
(d)(2), OSHA refer to deficiencies in ``paragraphs (d)(1)(i) through 
(xiii).''
---------------------------------------------------------------------------

    OSHA is requiring the procedures in paragraphs (d)(2) and (d)(3) to 
ensure that the employer stops using unsafe equipment as soon as the 
safety hazard is identified. The correction procedure

[[Page 47971]]

set forth in paragraph (d)(2) is similar to that in ANSI B30.5-1968 and 
ASME B30.5-2004 for their Frequent Inspections. OSHA is requiring a 
competent person to make the determination to ensure that his or her 
findings are implemented; i.e., the competent person would have the 
authority to order the equipment out of service if the deficiency 
constituted a hazard. In the final rule, OSHA has replaced the phrase 
``removed from service'' with ``taken out of service,'' which is the 
phrase used in Sec.  1926.1417(f), to avoid any ambiguity about the 
employer's duty to tag out the unsafe equipment.
Paragraph (e) Monthly
    Paragraph (e) of this section requires a monthly inspection of the 
equipment, the second of the three regularly scheduled general 
inspections that are required by this standard. The monthly inspection 
is identical in coverage and manner to the shift inspection required by 
Sec.  1926.1412(d), with one addition discussed below. Thus, the 
monthly inspection is a visual inspection of the items listed in the 
shift inspection for apparent deficiencies, conducted by a competent 
person. However, unlike a shift inspection, the employer must document 
the inspection and retain the documentation for a minimum of three 
months.
    In addition, under the annual/comprehensive inspection in Sec.  
1926.1412(f)(4), the employer is required to identify developing 
deficiencies that, while not yet safety hazards, need to be monitored. 
In such cases the employer, under Sec. Sec.  1926.1412(f)(4) and 
(f)(6), is required to monitor them in the monthly inspections.
    One commenter suggested adding text to the final rule to clarify 
how the monitoring information would be transferred from annual 
inspector to monthly inspector, if different. (ID-0226.) The Agency is 
not modifying the text of the rule as requested, but notes that under 
paragraph (f)(7)(i) of this section the inspector must document all 
``items checked and the results of the inspection.'' Therefore, if the 
inspector determines that further monitoring is required, that 
information would be a ``result of the inspection'' included in the 
annual report. The inspector would then be responsible for checking the 
annual report prior to monthly inspections (see Sec.  1926.1412(f)(6).)
    An industrial contractor commented that OSHA should require 
employers to keep monthly inspection documentation for a minimum of 
three months or the duration of the project, whichever is longer. (ID-
0120.) This commenter did not, however, describe how expanding the 
retention requirement would produce any significant benefit, and OSHA 
determines there would be no benefit. The documentation requirement 
enables the individuals who use the equipment and conduct shift and 
monthly inspections to assess the results of earlier monthly 
inspections. Once more than three months have passed since a monthly 
inspection, the information in the documentation for that inspection 
will not reflect the current condition of the equipment.
    The SBREFA Panel recommended that OSHA solicit public comment on 
whether the provision for monthly inspections should, like that for 
annual inspections, specify who must keep the documentation associated 
with monthly inspections. (The provision for annual inspections states 
that the documentation must be ``maintained by the employer who 
conducts the inspection.'') OSHA requested public comment on the issue 
raised by the Panel's recommendation. Several commenters believed that 
OSHA should require the employer who conducts the monthly inspection to 
maintain the documentation. (ID-0205; -0213; -0214; -0226.)
    OSHA agrees that the employer who conducts the monthly inspection 
should maintain the documentation. This revision clarifies the intent 
of C-DAC and is consistent with other provisions in this section.
    A utility company commented that if the operating employer is not 
the inspecting employer, the operating employer should be provided with 
a copy of the inspection if requested. (ID-0226.) This comment suggests 
that some employers who operate rented equipment are concerned that the 
required documentation may not be available to them from other parties 
unless explicitly required in the regulatory text of this final rule. 
In some cases, one employer owns and operates the equipment used to 
perform construction activities. It is reasonable to require these 
employers to maintain the equipment inspection records. However, during 
the analysis of public comments and testimony, OSHA recognized that 
there would be situations where an employer rents or uses equipment 
owned by another party or where multiple employers use the same piece 
of equipment. The standard allows any employer to conduct the monthly 
inspection. The employer who conducts the inspection must document the 
items checked and the results of the inspection and must retain it for 
a minimum of three months. If employers whose employees use the 
equipment rely on another employer to conduct, document, and maintain 
the record of the monthly inspection, it is the responsibility of each 
employer engaged in construction activities to assure compliance with 
the standard.
    OSHA determines that it is in the interest of all employers who 
conduct monthly inspections, whether they use or own equipment, to 
share the inspection results with each employer who uses the equipment. 
However, employers engaged in construction activities are responsible 
for assuring compliance with the standard. Therefore, if an employer 
engaged in construction activities is unable to assure that another 
employer has conducted the monthly inspection, then the employer 
engaged in construction activities must conduct a monthly inspection 
prior to using the equipment. The monthly inspection is similar to a 
shift inspection (with the addition of the monitoring of deficiencies 
that a qualified person deemed not to be a safety hazard in the annual 
inspection), but, unlike a shift inspection, the monthly inspection 
must be documented and maintained. Requiring an employer who uses the 
equipment to conduct a monthly inspection when that employer is unable 
to determine whether another employer conducted a monthly inspection is 
an insignificant burden compared to the safety benefit of ensuring this 
inspection is completed.
    The SBREFA Panel also recommended that OSHA restate the corrective 
action provisions from the shift inspection (Sec.  1926.1412(d)(2) and 
(3)) in paragraph (e) of this section. Under Sec.  1926.1412(e)(1), the 
monthly inspection must be conducted in accordance with Sec.  
1926.1412(d) on shift inspections, meaning that the corrective action 
provisions in Sec.  1926.1412(d)(2) and (3) must also be followed in 
the monthly inspections. OSHA requested comment on whether the language 
in Sec.  1926.1412(d)(2) and (3) should be repeated under Sec.  
1926.1412(e). Two trade associations believed that clarity would be 
improved if paragraph (e) of this subpart repeated the corrective 
actions provisions from the shift inspection paragraph. (ID-0205; -
0213.) OSHA disagrees because Sec.  1926.1412(e)(1) explicitly requires 
this inspection to be done in accordance with Sec.  1926.1412(d). 
Paragraph (d) immediately precedes paragraph (e), and OSHA concludes 
that repeating the provisions will create, rather than alleviate, 
confusion by requiring employers to read two lists that contain 
identical information.

[[Page 47972]]

Paragraph (f) Annual/Comprehensive
    Paragraph (f) of this section requires an annual (i.e., once every 
twelve months), general inspection of the equipment, the third of the 
three regularly scheduled general inspections that are required by this 
standard. It promotes safety by ensuring that a thorough, comprehensive 
inspection of the equipment is performed to detect and address 
deficiencies that might not be detected in the shift and monthly 
inspections.
    Under paragraph (f)(1), a qualified person must inspect the 
equipment. The Committee specified a qualified person because the items 
required in the shift inspection must be examined more thoroughly than 
during the shift or monthly inspections. The Committee, determined, and 
OSHA agrees, that the higher level of expertise of a qualified person 
would help to ensure that the inspector was able to identify 
deficiencies necessitating a greater degree of scrutiny than what would 
be required in the shift inspection; for example, a deficiency that is 
not apparent in a visual inspection but is detectable through taking 
apart equipment components. The Committee's decision to require a 
qualified person is consistent with COE-EM 385-1-1 (3 Nov 03) and ASME 
B30.5-2004, both of which call for a qualified person to perform those 
standards' ``periodic'' inspections.
    OSHA notes that Sec.  1926.1412(f) does not specify the level of 
scrutiny for the annual/comprehensive inspection. In drafting the 
proposed rule, OHSA determined that C-DAC intended for this inspection 
to be more thorough than the visual inspection for apparent 
deficiencies required of the shift and monthly inspections. OSHA 
therefore solicited comments from the public as to whether language 
specifying a higher level of scrutiny (for example, ``thorough, 
including disassembly when necessary'') should be added.
    A railroad equipment supplier commented that this section does not 
additionally burden employers if it requires them to open covers to 
inspect for safety defects that could cause an incident or death. (ID-
0124.) Therefore, they were in support of adding stronger language to 
paragraph (f) of this section to emphasize some disassembly is 
necessary to complete a thorough inspection of the equipment. In 
contrast, two trade associations believed that no additional language 
was need in the regulatory text to specify that a higher level of 
scrutiny is needed during an annual inspection. (ID-0205.1; -0213.)
    OSHA determines that some disassembly of the equipment will be 
needed for the qualified person to complete the inspection. Therefore, 
OSHA has revised Sec.  1926.1412(f)(2) accordingly.
    The proposed rule did not require the individual who conducts the 
annual inspection to review any documentation related to the crane 
prior to or during the inspection. A labor representative suggested two 
types of documentation they believe the qualified person should review 
when conducting an annual inspection. (ID-0182.1.) First, the commenter 
wanted OSHA to include a requirement in paragraph (f) of this section 
that the inspector contact the manufacturer for any relevant 
information the manufacturer may have about the equipment. The 
commenter explains that the manufacturer may have information about 
recently discovered defects or deficiencies in the equipment or have 
recommended modification, which inspectors should take into account 
when performing the annual inspection.
    Second, the commenter recommended that OSHA require the inspector 
to review all available information regarding the history of the piece 
of equipment. This information would include annual or periodic 
inspection reports, which would describe previously discovered defects 
or previously made modifications, to which the inspector should pay 
particular attention while conducting a comprehensive inspection. OSHA 
declines to impose the requirements suggested by the commenter because 
the Agency does not agree they would lead to better inspections. The 
annual inspection requirements are designed to ensure that the 
inspector thoroughly scrutinizes and evaluates the current condition of 
critical components of the equipment. Reviewing the maintenance history 
of the equipment will not further the value of this inspection, for 
defects previously discovered should have been repaired and defects not 
present in the past may now exist. For example, if a part such as a 
ball bearing is replaced with a new part, there is no reason to expect 
that the bearing will fail. To the contrary, the brand new part is less 
likely to fail than another ball bearing that has been subjected to 
heavy use for years. OSHA determines that the inspection will be more 
valuable if the inspector concentrates on thoroughly inspecting the 
items listed in the rule to determine whether they currently present 
any safety defects. Similarly, OSHA is not convinced that contacting 
the manufacturer will yield valuable information that will advance the 
annual inspection. OSHA determines that important safety information 
about their products is provided voluntarily by manufacturers to their 
customers and that a requirement to contact them each year is not 
likely to yield any further information of value.
    Paragraphs (f)(2)(i) through (xxi) specify the parts of the 
equipment and the conditions the inspector must look for during the 
annual inspection. The Committee developed this list based on the 
members' experience and current industry practice as reflected in 
current consensus standards for annual/periodic inspections. The 
Committee concluded that each item plays an important role in the safe 
operation of equipment. Only a few of these items require discussion.
    Proposed paragraph (f)(2)(xiv) listed ``[o]utrigger pads/floats'' 
for excessive wear or cracks.'' The purpose of the inspection of 
outrigger pads/floats is to make certain that these pads (which are 
attached to the outrigger and used to distribute the weight of the load 
to the ground) will not fail and leave the outrigger without proper 
support. In the final rule, OSHA is referring to ``outrigger or 
stabilizer pads/floats'' because some types of equipment, such as 
articulating cranes, are designed to use stabilizers instead of 
outriggers to add stability at their bases. A full discussion of the 
comments that prompted this regulatory text change is provided in the 
explanation of the rule for Sec.  1926.1404(q).
    Proposed paragraph (f)(2)(xv) listed ``slider pads for excessive 
wear or cracks.'' The word ``cracks'' had not been included in the C-
DAC Consensus Document for this item, and two trade associations (ID-
0205.1; -0213.1) commented that ``cracks'' should be removed from the 
provision to be consistent with the intent of C-DAC. After examining 
how the word came to be included in the proposed rule, OSHA concludes 
that the word ``cracks'' was added inadvertently to this provision and, 
lacking an evidentiary basis to include it, is removing the words ``or 
cracks'' from paragraph (f)(2)(xv) in the final rule.
    Section 1926.1412(f)(2)(xviii) has been modified from the proposed 
rule. Upon review of this requirement, the Agency found that it was 
necessary to clarify this requirement to allow the use of a seat that 
is equivalent to the original operator's seat. This provision requires 
the employer to replace the original seat with one that provides 
function and safety that is equivalent to the original seat. The text 
of the final rule has been modified accordingly.
    In Sec.  1926.1412(f)(2)(xix) the term ``unserviceable'' is 
replacing the term

[[Page 47973]]

``unusable'' to clarify that the operator's seat must be in good 
working condition to allow the operator to safely work at the controls 
of the equipment. The text of the final rule has been modified 
accordingly.
    Paragraph (f)(3) requires functional testing as part of the annual/
comprehensive inspection. No comments were received on this provision.
    Paragraphs (f)(4) through (6) delineate the follow-up procedures 
that apply when a deficiency is identified during the annual/
comprehensive inspection. The purpose of these provisions is to ensure 
that a deficiency that is not yet a safety hazard but may develop into 
one is monitored on a monthly basis, and that a deficiency that is a 
safety hazard is corrected before the equipment is returned to service.
    Paragraph (f)(4) provides that immediately following the 
identification of a deficiency, the qualified person must determine 
``whether the deficiency constitutes a safety hazard, or though not yet 
a safety hazard, needs to be monitored in the monthly inspections.'' No 
comments were received and paragraph (f)(4) is promulgated as proposed.
    Paragraph (f)(5) requires that equipment with a deficiency 
identified as a safety hazard by the qualified person be removed from 
service until the deficiency is corrected. Paragraph (f)(6) requires 
the employer to check the deficiencies in the monthly inspections that 
the qualified person had identified as needing monitoring.
    In the proposed rule, OSHA discussed an apparent conflict between 
Sec.  1926.1412(f)(4) and Sec.  1926.1416. Paragraph (f)(2)(v) lists 
operational aids among the items that must be included in the annual 
inspection.\73\ Section 1926.1416 permits equipment with operational 
aids that are not functioning properly to continue to be used for 
limited periods of time as long as specified alternative measures are 
used while the operational aids are being repaired. By contrast, under 
Sec.  1926.1412(f)(4), if any deficiency is identified in the annual 
inspection, the qualified person must make an immediate determination 
as to whether the deficiency constitutes a safety hazard. If it does, 
under Sec.  1926.1412(f)(4), the equipment must be removed from service 
immediately. OSHA requested public comment on whether Sec.  
1926.1412(f)(4) should explicitly provide that the corrective action in 
Sec.  1926.1416 applies if an operational aid is found to be 
malfunctioning during an annual inspection. Two trade associations 
agreed that Sec.  1926.1412(f) should state that the corrective action 
required for malfunctioning operational aids is that specified in Sec.  
1926.1416. (ID-0205.1; -0213.1.) OSHA also notes that Sec.  
1926.1435(e) specifies the temporary alternative measures that must be 
implemented when operational aids on tower cranes malfunction, and 
Sec.  1926.1412(f)(5) applies to tower cranes as well as equipment 
covered by Sec.  1926.1416. Paragraph (f)(5) of the final rule is 
modified accordingly.
---------------------------------------------------------------------------

    \73\ Paragraph (f)(2)(v), as proposed and in the final rule, 
distinguishes between deficiencies that result in ``significant 
inaccuracies'' in the operation of any of the safety devices or 
operational aides, and those that do not. The phrase ``significant 
inaccuracies'' reflects the fact that such devices normally operate 
within a tolerance range. Corrective actions are not required if the 
inaccuracy is so small as to be irrelevant regarding the safe 
operation of the equipment. In contrast, significant inaccuracies in 
these devices could mislead the operator and contribute to actions 
that could result in the equipment being inadvertently used in an 
unsafe manner.
---------------------------------------------------------------------------

    Moreover, OSHA is adding text to paragraph (f)(1) of this section 
to emphasize that paragraphs (d)(2) and (d)(3) of this section do not 
apply to annual inspections.
    Paragraph (f)(7), Documentation of annual/comprehensive inspection, 
requires the employer that conducts the inspection to complete and 
maintain, for a minimum of twelve months, documentation that contains 
``[t]he items checked and the results of the inspection,'' and ``[t]he 
name and signature of the person who conducted the inspection and the 
date of the inspection.'' Section 1926.1413(c)(4), which pertains to 
the annual/comprehensive wire rope inspection, contains a similar 
documentation requirement. In the proposed rule, the 12-month retention 
requirement was located in paragraph (f)(7)(iii). OSHA has incorporated 
that requirement into the introductory sentence to clarify that it is 
the employer who conducts the inspection who must retain the documents 
for 12 months. OSHA has also clarified that the date of the inspection, 
not the date on which the document was signed, must be entered on the 
document.
    During the SBREFA process, several Small Entity Representatives 
objected to the requirement for documentation of monthly and annual 
inspections, stating that such documentation would be unduly burdensome 
and would not, in their opinions, add to worker safety. The Panel 
recommended that OSHA solicit public comment on the extent of 
inspection documentation the rule should require. OSHA requested 
comment on this issue.
    A local government supported annual/comprehensive inspection 
documentation. (ID-0156.) It also commented that daily logs should be 
maintained and submitted to the crane owner to capture when maintenance 
has been performed on the equipment, and maintained by the equipment 
owner for the life of the crane. This commenter did not, however, 
explain how such a retention requirement would produce safety benefits, 
and OSHA declines to adopt it.
    The Committee determined that the documentation of the annual 
inspection, signed by the person who conducted the inspection and 
retained for 12 months, would have several effects. First, it would 
increase the likelihood that more employers would implement systems for 
conducting and responding to inspections. Second, the failure to do so 
would be more readily apparent if a record was not made, and the 
signature of the person who conducted the inspection would be an 
inducement to that person to ensure that the inspection was done 
correctly.
    The Agency notes that the three month retention period reflects the 
Committee's decision to have a retention period that is consistent with 
Department of Transportation truck inspection documentation 
requirements.
    The documentation of these inspections serves as references that 
inspectors can use to monitor the condition of items critical to the 
safe operation of the equipment. It has been a longstanding industry 
practice to maintain annual inspection documentation as a reference 
that the inspection was completed, to identify who performed the 
inspections, and to document the results of that inspection.
Paragraph (g) Severe Service
    Paragraph (g) of this section requires the employer to inspect the 
equipment when the severity of use/conditions--``such as loading that 
may have exceeded rated capacity, shock loading that may have exceeded 
rated capacity, [or] prolonged exposure to a corrosive atmosphere''--
creates a ``reasonable probability of damage or excessive wear.'' In 
such instances, the employer is required to stop using the equipment 
and have a qualified person ``inspect the equipment for structural 
damage;'' determine whether, in light of the use/conditions of the 
severe service, any items listed in the annual/comprehensive inspection 
need to be inspected and if so, inspect them; and if a deficiency is 
found, follow the correction/monitoring procedures set forth in Sec.  
1926.1412(f)(4)-(f)(6).
    Upon review of this paragraph, the Agency determines that

[[Page 47974]]

Sec.  1926.1412(g)(1) needs clarification; therefore, OSHA added a 
phrase to the provision requiring that a determination be made to 
ensure the equipment remains safe for continued use. This revision 
emphasizes that this inspection must determine the capability of the 
equipment to operate continuously under severe conditions. No comments 
were received on this paragraph, and it is promulgated as proposed, 
with the exception of the clarification to Sec.  1926.1412(g)(1).
Paragraph (h) Equipment Not in Regular Use
    Paragraph (h) of this section requires that equipment that sits 
idle for three months or more be inspected by a qualified person in 
accordance with the monthly inspection provisions of Sec.  1926.1412(e) 
before being used. This would ensure that deficiencies that may arise 
as a result of the equipment standing idle are checked before its 
subsequent use. The Committee determined that this inspection would 
need to be done by a qualified person, rather than a competent person, 
because some of the deficiencies that may arise from sitting idle 
require the qualified person's higher level of ability to detect and 
assess. (See further discussion at 73 FR 59775, Oct. 9, 2008.) No 
comments were received on this paragraph. It is promulgated as 
proposed.
Paragraph (i) [Reserved]
Paragraph (j)
    Proposed paragraph (j) of this section required that any part of a 
manufacturer's inspection procedures relating to safe operation that is 
more comprehensive or has a more frequent schedule than that required 
by this section must be followed. These inspection procedures include 
any information provided by the manufacturer. Examples are provided in 
the provision of the types of items that would be considered to relate 
to safe operation (``a safety device or operator aid, critical part of 
a control system, power plant, braking system, load-sustaining 
structural components, load hook, or in-use operating mechanism''). The 
proposed paragraph goes on to state: ``Additional documentation 
requirements by the manufacturer are not required.''
    Several commenters asked that OSHA delete the line in the 
regulatory text of Sec.  1926.1412(j) that reads ``Additional 
manufacturer documentation requirements need not be followed.'' (ID-
0165; -0232; -0235.) OSHA acknowledges that the intent of this sentence 
is unclear and is not including it in the final rule.
    A safety association and a trade association commented that the 
thorough and equipment-specific frequency of inspections required by 
the manufacturer are well suited for the equipment used in their 
trades. (ID-0184; -0206.) The safety association asserted that 
compliance with equipment manufacturers' inspection recommendations 
assure a greater degree of safety than compliance with a list of shift, 
monthly, and annual inspections, which may be deficient with regard to 
thoroughness and frequency. The two commenters asked that OSHA revise 
Sec.  1926.1412 to allow employer-documented compliance with the 
inspection recommendations of the equipment manufacturer as an 
alternative to meeting the requirements of Sec.  1926.1412.
    OSHA agrees with the commenters that manufacturer's equipment-
specific inspection requirements can help promote safety. For this 
reason, Sec.  1926.1412(j) provides that any additional inspection 
requirements recommended by the manufacturer must be followed by 
employers. However, OSHA does not agree with the commenters regarding 
their assessment that the minimum inspection requirements and schedules 
specified in Sec.  1926.1412 are more burdensome for employers who use 
articulating lifting equipment in particular. There is no evidence in 
the record that inspections recommended by manufacturers are as 
thorough as those provided in this section. To the extent that they 
are, there is no additional burden to employers in requiring them to 
follow this section than to follow the manufacturer's recommendations.
Paragraph (k)
    OSHA determines that the competent person or persons who conduct 
shift and monthly inspections, and the qualified person who conducts 
annual inspections, must have access to all written documents produced 
under this section, during the time for which the employer is required 
to retain those documents, so that they are made aware of any 
components of the equipment that may require special attention during 
their inspections. Accordingly, OSHA is adding a new paragraph (k) at 
the end of Sec.  1926.1412.
Section 1926.1413 Wire Rope--Inspection
    Cranes and derricks use wire rope to lift and support their loads 
and parts of the equipment. If the rope is worn or damaged, it can 
break, causing the equipment to fail and/or the load to fall, which can 
kill or injure workers. Approximately 3% of crane fatalities in 
construction work result from wire ropes snapping. J.E. Beavers et al, 
Crane-Related Fatalities in the Construction Industry, 132 Journal of 
Construction Engineering and Management 901, 903 (Sept. 2006). (ID-
0011.) Accordingly, C-DAC concluded it would improve crane/derrick 
safety to establish updated requirements for wire rope inspections.
    The definition C-DAC developed for proposed Sec.  1926.1401 defined 
``wire rope'' as ``rope made of wire.'' In the preamble of the proposed 
rule, OSHA noted that this definition could be read to exclude rope 
made with a fiber core, which, as discussed below under Sec.  
1926.1414, may be used for purposes other than boom hoist reeving. OSHA 
requested public comment on whether a more appropriate definition would 
be the following one used by the Specialized Carriers & Rigging 
Association:

    A flexible rope constructed by laying steel wires into various 
patterns of multi-wired strands around a core system to produce a 
helically wound rope.

(73 FR 59739, Oct. 9, 2008.) Three commenters supported this revised 
definition, and none were opposed. (ID-0187.1; -0205.1; -0213.1.) 
Accordingly, OSHA is revising the definition in Sec.  1926.1401 to that 
quoted above.
    One of the commenters supporting the revised definition also stated 
that OSHA should not exclude wire rope with a synthetic or fiber core 
and should include definitions of these terms. (ID-0187.1.) However, as 
OSHA explained in the proposed rule, the revised definition is designed 
to encompass cores other than wire, and OSHA determines it is not 
necessary to include separate definitions for each type of such rope to 
make clear that they fall within the definition of ``wire rope.''
    The proposed rule provided for wire rope inspections at the same 
frequency--shift, monthly, and annually--that would apply for other 
crane components under Sec.  1926.1412. It also proposed that, like 
inspections of other components, the shift and monthly inspections be 
conducted by a ``competent person,'' and the annual inspection by a 
``qualified person.'' As discussed below, OSHA is retaining this 
equivalence of frequency and qualifications in the final rule.
Paragraph (a) Shift Inspection
    Paragraph (a)(1) of this section of the proposed rule required a 
shift

[[Page 47975]]

inspection by a competent person. One commenter recommended that this 
provision require the shift inspection to be conducted ``each shift the 
equipment is used'' rather than ``each shift,'' to clarify that the 
equipment does not have to be inspected when it will not be used on a 
shift. (ID-0226.0.) This suggested change is consistent with the intent 
of the proposed rule, and OSHA is adding similar language to Sec.  
1926.1413(a)(1) to clarify that intent.
    Another commenter stated that it was unnecessary to require a wire 
rope inspection each shift. (ID-0203.1.) This commenter believed that 
per-shift wire rope inspections were an unnecessary burden for 
employers with good maintenance programs who have not experienced wire 
rope failures. The commenter recommended that OSHA adopt the protocol 
in sec. 5-2.4 of ASME B30.5-2004, which allows the periodic inspection 
frequency to be determined by a qualified person based on factors that 
affect rope life.
    OSHA rejects this commenter's suggestion which could, at a 
qualified person's discretion, result in less frequent wire rope 
inspections than were required under former subpart N. Section 5-2.4.1 
of ANSI B30.5-1968, which was incorporated by reference in subpart N, 
provided for wire rope inspections ``once each working day.'' The 
current version of B30.5, in sec. 5-2.4.2(a) of ASME B30.5-2004, 
similarly provides for daily wire rope inspections. The commenter's 
reference to the provision in ASME B 30.5-2004 that allows the 
inspection frequency to be determined by a qualified person refers to 
the type of comprehensive inspection that is similar to the annual 
inspection required by Sec.  1926.1413(c), not to the shift inspections 
required under Sec.  1926.1413(a).
    As discussed below, the purpose of this inspection is to ensure 
that deficiencies are identified and that, depending on the competent 
person's evaluation of those deficiencies, appropriate action is taken. 
C-DAC wanted to make clear, however, that the inspection was not to be 
so comprehensive and time-consuming that it would be unrealistic to 
conduct it for each shift. To clarify that the inspection was one that 
was reasonable for a shift inspection, the provision states that 
neither ``untwisting (opening of wire rope)'' nor ``booming down'' is 
required during this inspection. OSHA believes that requiring a 
realistic level of inspection each shift will encourage compliance and 
ultimately serve to reduce accidents. No comments were received on this 
aspect of the proposed rule.
    Proposed Sec.  1926.1413(a)(1) referred to wire ropes (running and 
standing) that are ``reasonably likely'' to be in use during the shift. 
OSHA is also removing the word ``reasonably'' to avoid ambiguity. 
Accordingly, Sec.  1926.1413(a)(1) is promulgated as proposed except 
for the minor changes noted above.
Paragraph (a)(2) Apparent Deficiencies
    Paragraph (a)(1) of this section requires the competent person to 
conduct a ``visual inspection * * * for apparent deficiencies, 
including those listed in paragraph (a)(2).'' Proposed paragraph (a)(2) 
established three categories (I, II, and III) of apparent wire rope 
deficiencies. The likelihood that a deficiency is hazardous increases 
as the number of the category increases from I to III. The basis for 
categorizing apparent deficiencies in this way was discussed in detail 
in the proposed rule (73 FR 59776-59777, Oct. 9, 2008). As discussed 
further below, the category determines the options or ``next steps'' 
available to or required of the employer under paragraph (a)(4), 
Removal from service.
    The Agency is providing minor clarifications for the two apparent 
deficiencies that relate to damage from electricity. As proposed, 
paragraph (a)(2)(i)(C) read: ``Electric arc (from a source other than 
power lines) or heat damage.'' C-DAC intended that both ``electric 
arc'' and ``heat'' would modify ``damage.'' To make this more clear, 
OSHA is adding the word ``damage'' after ``electric arc.'' Proposed 
paragraph (a)(2)(iii)(B) read: ``Electrical contact with a power 
line.'' OSHA is adding the word ``prior'' at the beginning of the 
paragraph to clarify that the inspector must note a deficiency whenever 
he or she is aware, through observation or from any other information, 
that the wire rope has previously made electrical contact with a power 
line.
    OSHA notes that a wire rope can be damaged in two ways from 
electrical contact. First, if the source of electrical power contacts 
the wire rope, the electricity can arc to the wire rope and cause a 
localized burn. The extent of the damage will depend on the amount of 
electrical energy involved. A low energy arc will typically cause 
little damage; a high energy arc may cause significant damage. When the 
arc results from a source other than a power line, the extent of the 
damage will vary, and the inspector must determine whether the rope is 
damaged to the extent that repair or replacement is necessary.
    If a power line arcs to a wire rope, there will usually be 
sufficient localized burn damage that the rope must be removed from 
service. However, a wire rope may make electrical contact with a power 
line and leave no visible damage. For example, if the load contacts a 
power line and is not insulated from the wire rope, a large current can 
flow through the rope. The current may be large enough to damage the 
internal structure of the rope and weaken it without leaving any 
visible evidence on the rope itself that this has happened. There is no 
realistic way to assess the internal damage that such electrical 
contact has caused to the wire rope. Therefore, C-DAC determined that 
any wire rope that came into electrical contact with a power line must 
be removed from service.
    Only one comment was submitted regarding proposed paragraph (a)(2). 
The commenter suggested adding two additional conditions to the list of 
Category II deficiencies. (ID-0121.1.) The first is where one outer 
wire is broken at the point of contact with the core of the rope and 
protrudes or loops out from the rope structure. The second is where one 
outer wire is broken at the strand to strand contact point and is 
raised up from the body of the rope or looped out of the rope 
structure.
    OSHA disagrees with the commenter because this commenter did not 
offer any rationale to justify these additional provisions. Therefore, 
OSHA is deferring to the expertise of the Committee. Section 
1926.1413(a)(2) is promulgated as proposed except for the 
clarifications noted above.
    A ``running wire rope'' is a wire rope that moves over sheaves or 
drums. This definition is included in Sec.  1926.1401 of this final 
rule to make clear the nature of the wire rope that is subject to this 
inspection provision. These criteria are the same as those contained in 
sec. 5-2.4.3 of ASME B30.5-2004, and those for running wire ropes and 
pendant or standing wire ropes are also contained in sec. 5-2.4.2 of 
ANSI B30.5-1968, which is incorporated by reference in subpart N. One 
issue that was left unanswered during the Committee discussions is 
whether these broken wire criteria are equally applicable when using 
plastic sheaves. The Agency requested public comment on this issue. 
However, no comments were received. OSHA notes that the proposed broken 
wire criteria did not depend on the type of sheave involved and would 
therefore include plastic as well as metal sheaves. Since the paragraph 
is being promulgated as proposed, the criteria apply regardless of the 
material of which the sheave is made.

[[Page 47976]]

Paragraph (a)(3) Critical Review Items
    Under paragraph (a)(3) of this section, the competent person must 
give particular attention to certain ``Critical Review Items'' during 
the shift inspection (as well as, as discussed below, in the monthly 
and annual inspections). Proposed paragraph (a)(3)(iii) listed, among 
the critical review items, ``wire rope at flange points, [and] 
crossover points.'' These terms were defined in proposed Sec.  
1926.1401, Definitions.
    One commenter suggested that each wrap of the rope is a crossover 
point such that the crossover points will line up across the face of 
the drum. (ID-0121.) The Agency disagrees with this view. As defined in 
the standard, a crossover point occurs ``where one layer of rope climbs 
up and crosses over the previous layer * * *.'' While the rope climbs 
up at the drum's flange, it does not climb up as it then spools across 
the previous (lower) layer towards the other flange, i.e., as it wraps 
across the face of the drum.
    In the proposed rule, OSHA noted that the items listed in 
Sec. Sec.  1926.1413(a)(3)(iv) and (a)(3)(v) (``Wire rope adjacent to 
end connections'' and ``Wire rope at and on equalizer sheaves'') are 
functionally equivalent to items requiring special scrutiny during the 
annual inspections required in proposed Sec. Sec.  
1926.1413(c)(2)(ii)(C) and (F) (``Wire rope in contact with saddles, 
equalizer sheaves or other sheaves where rope travel is limited'' and 
``Wire rope at or near terminal ends''). The Agency stated that it 
planned to revise the language in proposed Sec. Sec.  
1926.1413(a)(3)(iv) and (a)(3)(v) to match the language in Sec. Sec.  
1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F). This would enable OSHA to 
delete Sec. Sec.  1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F) because 
Sec.  1926.1413(c)(2)(ii)(A) incorporates by reference the critical 
review items listed in Sec. Sec.  1926.1413(a)(3)(iv) and (a)(3)(v), 
thereby making the items listed in Sec. Sec.  1926.1413(c)(2)(ii)(C) 
and (c)(2)(ii)(F) redundant. OSHA did not receive any adverse comment 
on modifying Sec. Sec.  1926.1413(a)(3)(iv) and (a)(3)(v) in this 
manner and modified Sec.  1926.1413(a)(3) accordingly.
Paragraph (a)(4) Removal From Service
    Paragraph (a)(4) of this section of the proposed rule set out 
remedial steps to be taken once the competent person performing the 
inspection identifies an apparent deficiency. Those steps depended upon 
whether, under Sec.  1926.1413(a)(2), the deficiency falls under 
Category I, II, or III. Under this approach, immediate removal from 
service would be required for certain deficiencies, while continued use 
under prescribed circumstances would be allowed for others before the 
rope must be removed from service. When removal from service is 
required, the provisions of Sec.  1926.1417 (Operation) apply, and the 
inspector must either tag out the entire equipment or the hoist with 
the damaged wire rope. This approach was adopted by C-DAC because, in 
the Committee's collective experience, different types of deficiencies 
warrant different responses, with some deficiencies being so serious 
that continued use of the rope must be prohibited while other 
deficiencies may, if adequately evaluated and monitored, allow 
continued use of the rope for a limited time.
    Paragraph (a)(4)(i) applies to Category I apparent deficiencies. 
Paragraph (a)(4)(i)(B) allows the rope to be severed under some 
circumstances and the undamaged part to be used. Two commenters 
suggested that language be added to require the user to verify that the 
drum will still have at least two wraps of rope around it when the 
block is lowered to its lowest position. (ID-0122; -0178.1.) The 
concern of these commenters is that shortening the rope too much might 
not leave enough rope to allow a sufficient margin of safety (two 
wraps) to remain on the drum and prevent the rope from becoming 
disconnected from the drum.
    Another provision of the final rule, Sec.  1926.1417(t), addresses 
this potential safety hazard by requiring that neither the load nor the 
boom be lowered below the point where less than two full wraps of rope 
remain on their respective drums. Normally, newly installed ropes are 
long enough to ensure compliance with Sec.  1926.1417(t) when the load 
or boom are in their lowest positions, and these commenters are 
concerned that shortening the rope could result in the rope becoming 
disconnected if the remaining part of the rope is not long enough to 
always ensure that two wraps remain on the drum.
    OSHA agrees with this comment and is adding language to paragraph 
(a)(4)(i)(B) (and also to paragraphs (a)(4)(iii)(B) and (c)(3)(i)(B) of 
this section, which contain a similar provision) to specify that if a 
wire rope is shortened under this paragraph, the employer is required 
to ensure that the drum will still have two wraps of wire rope when the 
load and/or boom is in its lowest position.
    OSHA also notes that paragraph (a)(4)(i)(B) twice refers to power 
line contact in the phrases ``other than power line contact'' and 
``repair of wire rope that contacted an energized power line is also 
prohibited.'' OSHA is concerned that these phrases could be misleading 
in a paragraph devoted to remedial steps for a Category I deficiency, 
as power line contact can never be a Category I deficiency. It is a 
Category III deficiency that requires immediate replacement of the 
rope. To avoid any implication that power line contact could be a 
Category I deficiency and that a competent person could determine that 
the rope does not constitute a safety hazard under paragraph (a)(4)(i), 
OSHA is deleting the words in proposed paragraph (a)(4)(i)(B) referring 
to power line contact.
    Paragraph (a)(4)(ii) applies to Category II apparent deficiencies. 
In paragraph (a)(4)(ii)(A), OSHA is removing the references to safety 
hazards to make it clear that utilization of this option (compliance 
with manufacturer requirements) mandates removal of the rope from 
service whenever the manufacturer's criteria for removal from service 
are met, without the employer making an independent determination as to 
whether the rope is a safety hazard.
    Paragraphs (a)(4)(ii)(B) and (C) allow the employer the option of 
either removing the wire rope from service or to implement the measures 
as described in paragraph (a)(4)(i)(B) above. In addition, OSHA is 
adding a cross-reference to Sec.  1926.1417 (Operation), which includes 
a number of separate requirements that are triggered if the equipment 
is taken out of service.
    The proposed rule would have allowed Category II wire-rope 
deficiencies \74\ to remain in service up to 30 days when using 
specified alternative measures. Under former subpart N, these 
deficiencies would have resulted in removing the wire rope immediately 
from service. However, OSHA relied on C-DAC's expertise and proposed 
the provision as recommended by the Committee.
---------------------------------------------------------------------------

    \74\ These measures were proposed at Sec. Sec.  
1926.1413(a)(4)(ii)(B) and 1926.1413(a)(4)(iii).
---------------------------------------------------------------------------

    The Agency received comments regarding the alternative measures 
proposed for Category II wire-rope deficiencies from three commenters. 
All of the commenters objected to allowing continued use of wire rope 
with Category II deficiencies. Two of the commenters stated that the 
proposed option to continue using wire rope with the proposed 
alternative measures relaxed both national consensus standards and the 
instructions of wire rope manufacturers. (ID-0122.0; -0178.1.) They 
believed allowing the employer to use the damaged wire rope in service 
up to 30 days was a

[[Page 47977]]

dangerous precedent because it based employee protection on conditions 
that could be difficult for a qualified person to assess accurately.
    The third commenter (a crane manufacturer), which had a 
representative on C-DAC, also objected to the continued use of wire 
rope with Category II deficiencies. (ID-0292.1.) This commenter noted 
that such deficiencies indicate that the wire rope does not meet the 
``acceptable life'' criteria accepted by the wire-rope industry. 
Further, the commenter noted that, if the wire rope continued to be 
used with the Category II deficiencies, ``failure could occur without 
further indication.''
    OSHA finds these comments persuasive with respect to the protection 
of employee safety. The integrity of the wire rope is critical to the 
safety of any lift performed by equipment covered by this subpart. For 
example, a break in the rope can result in a dropped load which 
endangers employees on the worksite. Based on these comments and the 
requirements of former subpart N, OSHA is changing the requirements in 
the final rule for wire rope with Category II deficiencies. The Agency 
notes that this revision is consistent with the requirements of former 
subpart N. Accordingly, the alternative measures outlined in the 
proposed rule at Sec.  1926.1413(a)(4)(iii) have been deleted and 
subsequent paragraphs renumbered.
    Paragraph (a)(4)(iii) \75\ applies to Category III apparent 
deficiencies. Two commenters suggested that Category III is unnecessary 
because paragraph (a)(4)(iv)(B) is the same as for Category I. (ID-
0122; -0178.1.) As noted above, the corresponding proposed provision 
for Category I, paragraph (a)(4)(i)(B), is being changed to remove the 
references to power line contact. Moreover, Category III differs from 
Category I because the competent person may decide that rope with a 
Category I deficiency does not constitute a safety hazard and allow the 
rope to continue to be used. However, rope with a Category III 
deficiency must either be replaced or, if the deficiency is localized 
and did not result from power line contact, be severed and the 
undamaged part to be used.
---------------------------------------------------------------------------

    \75\ This was Sec.  1926.1413(a)(4)(iv) in the proposed rule (73 
FR 59930, Oct. 9, 2008).
---------------------------------------------------------------------------

    As discussed above in relation to paragraph (a)(4)(i)(B), OSHA is 
changing paragraph (a)(4)(iii)(B) \76\ to state that, if the rope is 
severed and the undamaged portion used, the rope in use must be long 
enough to ensure that two full wraps remain on the drum at all times.
---------------------------------------------------------------------------

    \76\ This was Sec.  1926.1413(a)(4)(iv)(B) in the proposed rule 
(73 FR 59930, Oct. 9, 2008).
---------------------------------------------------------------------------

    Proposed paragraph (a)(4)(iv) \77\ specified that where a wire rope 
must be removed from service under this section, the equipment (as a 
whole) or the hoist with that wire rope must be tagged-out as provided 
in proposed Sec.  1926.1417(f)(1) until the wire rope is replaced or 
repaired. No comments were received on this provision, and it is being 
promulgated as proposed.
---------------------------------------------------------------------------

    \77\ This was Sec.  1926.1413(a)(4)(v) in the proposed rule (73 
FR 59930, Oct. 9, 2008).
---------------------------------------------------------------------------

    A commenter suggested adding that the competent person who conducts 
the shift inspection must receive such information in writing. (ID-
0132.1.) OSHA concludes that the competent person or persons who 
conduct shift and monthly inspections, and the qualified person who 
conducts annual inspections, must have access to all written documents 
produced under this section so that they are made aware of any 
components of the equipment that may require special attention during 
their inspections.
    Accordingly, OSHA is adding a new paragraph (e) at the end of Sec.  
1926.1413 that specifies that all documents produced under this section 
must be available to all persons who conduct inspections under this 
section.
Paragraph (b) Monthly Inspection
    Proposed paragraph (b) required a monthly inspection of wire rope 
that would be, in both the level of scrutiny and the expertise required 
of the inspector, a documented shift inspection.
    A commenter pointed out that paragraph (c)(3)(ii) requires that 
certain deficiencies identified during the annual inspection must be 
monitored during the monthly inspection and suggested that this 
requirement be specifically stated in paragraph (b). (ID-0226.) OSHA 
agrees and is adding paragraph (b)(2), which states that the inspection 
must include any deficiencies identified in the annual inspection as 
needing to be monitored.
Paragraph (c) Annual/Comprehensive
    Proposed Sec.  1926.1413(c) required an annual inspection (at least 
every 12 months) for wire rope, conducted by a qualified person. The 
annual inspection would be considerably more thorough and comprehensive 
than the shift and monthly inspections required by paragraphs (a) and 
(b) of this section. In addition, it would be conducted by a 
``qualified person,'' who would have greater expertise than the 
``competent person'' who must conduct the shift and monthly 
inspections. The timing and inspector qualifications for the annual 
wire rope inspection coincide with those for the general equipment 
annual/comprehensive inspection. C-DAC believed that the use of 
corresponding timeframes and personnel will allow inspections to be 
conducted efficiently and thereby promote effectiveness and compliance.
    Under proposed paragraph (c)(1), all apparent deficiencies and 
critical review items required to be checked in a shift inspection 
would have to be checked in the annual/comprehensive inspection (see 
paragraphs (a)(2) and (a)(3)). No comments were received on this 
provision, and it is being promulgated as proposed.
    Proposed paragraph (c)(2) provided for a more thorough inspection 
than that required under paragraph (c)(1). Under proposed paragraph 
(c)(2), a complete and thorough inspection, covering the surface of the 
entire length of the wire ropes, would be required. One commenter, 
which had nominated a member of C-DAC, stated that the entire length of 
the rope needed to be inspected more frequently than annually and 
suggested that this requirement should be included in the monthly 
inspection provision. (ID-0 292.1.) This commenter did not provide any 
evidence to support this assertion or explain why it was deviating from 
the position its nominee took in favor of the provision in the C-DAC 
negotiations. This comment is accorded diminished weight in light of 
this inconsistency of position. OSHA defers to the expertise of the 
full Committee and is retaining the requirement that the entire length 
of the rope be inspected during the annual inspection; it is not adding 
such a requirement to the monthly inspection provision.
    As discussed in relation to Sec.  1926.1413(a)(3), OSHA has, in the 
final rule, modified proposed Sec. Sec.  1926.1413(a)(3)(iv) and 
(a)(3)(v) to read the same as proposed Sec. Sec.  
1926.1413(c)(2)(ii)(C) and (F) (``Wire rope in contact with saddles, 
equalizer sheaves or other sheaves where rope travel is limited'' and 
``Wire rope at or near terminal ends''). Section 1926.1413(c)(2)(ii)(A) 
now incorporates by reference the critical review items listed in 
Sec. Sec.  1926.1413(a)(3)(iv) and (a)(3)(v), thereby making the items 
listed in Sec. Sec.  1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F) 
redundant.
    Two commenters supported keeping paragraphs (c)(2)(ii)(C) and (F), 
even though they are also included in paragraph (a)(3) of this section, 
saying that annual inspections are more comprehensive and, in their 
view,

[[Page 47978]]

should be treated separately. (ID-0205.1; -0213.1.) However, the 
modification made by OSHA does not change the proposed requirements for 
annual inspections; it only avoids redundant language. Accordingly, 
OSHA is deleting proposed Sec. Sec.  1926.1413(c)(2)(ii)(C) and (F) 
from the final rule and is renumbering proposed paragraphs (D) and (E) 
to (C) and (D).
    Proposed paragraph (c)(2)(iii) established an exception to the 
timing of the annual/comprehensive inspection where that inspection is 
infeasible due to ``existing set-up and configuration of the equipment 
(such as where an assist crane is needed) or due to site conditions 
(such as a dense urban setting).'' The provision sets a timetable for 
annual/comprehensive inspections in such cases that requires the 
inspection to be performed ``as soon as it becomes feasible, but no 
longer than an additional 6 months for running ropes and, for standing 
ropes, at the time of disassembly.'' The provision reflects C-DAC's 
concern that, particularly in densely developed urban settings, the 
inability to boom down would prevent the employer from completing a 
comprehensive wire rope inspection.
    Two commenters objected to the length of the six-month period and 
suggested it be reduced to one month. (ID-0122.0; -0178.1.) Neither 
commenter provided any evidence of explanation to support its 
recommendation, so OSHA is deferring to C-DAC's collective judgment and 
is retaining the six-month period in the proposed rule.
    Proposed paragraph (c)(3) listed the next steps to be taken once 
the qualified person performing the annual/comprehensive inspection 
discovers a deficiency. The qualified person must immediately determine 
whether the deficiency constitutes a safety hazard. If it does, under 
proposed paragraph (c)(3)(i), the rope would either have to be replaced 
or, if the deficiency is localized, the damaged part may be severed and 
the undamaged portion may continue to be used. As with paragraph 
(a)(4)(i)(B), joining lengths of wire rope by splicing would be 
prohibited.
    As discussed under paragraph (b)(3), a commenter recommended that 
the requirement of paragraph (c)(3)(ii) should be explicitly referenced 
in the monthly inspection reports, and OSHA has made an addition to 
paragraph (b)(3) to accomplish this. (ID-0226.) Also, as discussed 
under paragraph (a)(4)(i)(B), OSHA is adding a requirement to paragraph 
(c)(3)(i)(B) that at least two full wraps of wire rope must remain on 
the drum when the load and/or boom is in its lowest position.
    Paragraph (c)(4) requires the annual/comprehensive inspection to be 
documented according to Sec.  1926.1412(f)(7), which is the 
documentation provision for the annual general inspection. As with 
other parallel requirements in this section, C-DAC intended to ensure 
consistency with other recordkeeping requirements and thus facilitate 
compliance. Section 1926.1412(f)(7), which is incorporated by 
reference, requires the employer that is conducting the inspection to 
document and retain for 12 months, ``the items checked and the results 
of that inspection'' and ``the name and signature of the person who 
conducted the inspection and the date.'' No comments were received on 
paragraph (c)(4), and it is promulgated as proposed.
Paragraph (d)
    Proposed Sec.  1926.1413(d) provided that employers may not use 
rope lubricants that are of the type that hinder inspection.
    This provision would prohibit, for example, rope lubricants that 
are opaque or so dark that they mask the wire rope inside them. A 
commenter suggested adding to this provision the following sentence: 
``The rope surface and strand valleys must be cleaned of dirt, 
lubricant or other material that will hinder inspection.'' (ID-0121.1.) 
OSHA determines that this addition is unnecessary. Section 1926.1413 
requires various inspections, and the requirement to conduct an 
inspection inherently means that where foreign material that would 
prevent the inspection is present, it must be removed. The prohibition 
against rope lubricants that are of the type that hinder inspection is 
needed because they are difficult to remove and pose an unnecessary 
obstacle to compliance. Section 1926.1413(d) is promulgated in the 
final rule as proposed.
Paragraph (e)
    A commenter suggested adding that the competent person who conducts 
the shift inspection must receive such information in writing. (ID-
0132.1.) Similarly, OSHA determines that the competent person or 
persons who conduct shift and monthly inspections, and the qualified 
person who conducts annual inspections, must have access to all written 
documents produced under Sec.  1926.1413. In response to this comment, 
OSHA is adding paragraph (e) to ensure that persons who conduct 
inspections have access to documentation required by Sec.  1926.1413 
during the period for which those documents must be retained. This 
documentation serves as a reference for conditions that must be 
monitored in subsequent inspections. OSHA concludes that this 
documentation will ensure that only safe equipment is put into service.
Section 1926.1414 Wire Rope--Selection and Installation Criteria
    This section sets forth requirements for selecting and installing 
wire rope. C-DAC determined, and OSHA agrees, that the proper selection 
and installation of wire rope is integral to the safe operation of 
equipment that uses such rope. Improper selection or installation could 
cause the wire rope to fail, resulting in any number of hazards from 
uncontrolled movement of the equipment or the load. As discussed in the 
proposed rule, Sec.  1926.1414, in addition to addressing safety 
concerns related to wire rope selection and installation, provides 
greater flexibility in the selection process than previous requirements 
under subpart N (73 FR 59781, Oct. 9, 2008). This flexibility reflects 
and takes advantage of new developments in wire rope technology.
Paragraph (a)
    Proposed paragraph (a) of this section stated that ``selection of 
replacement wire rope shall be in accordance with the requirements of 
this section and the recommendations of the wire rope manufacturer, the 
equipment manufacturer, or a qualified person.'' In the proposed rule, 
OSHA noted that proposed paragraph (a)'s mention of only ``replacement 
rope'' could mislead some readers to conclude that all of Sec.  
1926.1414 applies only to replacement rope, whereas C-DAC clearly 
intended that Sec.  1926.1414 would apply to both original equipment 
rope and replacement rope. OSHA proposed to reword Sec.  1926.1414(a) 
to read as follows: ``Original equipment wire rope and replacement wire 
rope shall be selected and installed in accordance with the 
requirements of this section. Selection of replacement wire rope shall 
be in accordance with the recommendations of the wire rope 
manufacturer, the equipment manufacturer, or a qualified person.''
    OSHA requested public comment on such a revision. OSHA received no 
comment on proposed Sec.  1926.1414(a) or on its proposed rewording. 
Accordingly, OSHA modified Sec.  1926.1414(a) of the final rule to 
reflect the proposed rewording.

[[Page 47979]]

Paragraph (b)
    The proposed rule, in Sec.  1926.1414(c), included design factors 
for rotation resistant rope but did not include design factors for 
standard (that is, non-rotation resistant) rope. In the proposal, OSHA 
stated its determination that, in light of the importance of design 
factors for wire rope, the omission of design factors for standard rope 
was inadvertent (73 FR 59781, Oct. 9, 2008). OSHA proposed to include 
the design factors for standard rope in sec. 5-1.7.1 of ASME B30.5-
2004. OSHA requested public comment on the issue.
    Comments were received from two parties, both of whom nominated C-
DAC members. (ID-0205.1; -0213.1.) They stated that the omission was 
intentional, believing that C-DAC did not include design factor 
criteria for standard wire rope because technology is continually 
evolving and including design criteria in the rule may hamper future 
crane operations. The commenters stated that the proposed rule had 
provisions requiring end users to conform with requirements or criteria 
established by the wire rope manufacturer, equipment manufacturer, or a 
qualified person.
    OSHA notes that C-DAC determined it was important for this rule to 
allow flexibility to accommodate future technological changes. The 
commenters on this issue reiterated that determination, and OSHA shares 
that concern. Setting unduly restrictive specifications based on 
current technology could unnecessarily impinge on the use of future 
designs. The Agency also concludes, however, that some form of minimum 
criteria is necessary so that those selecting wire rope have a minimum 
benchmark available as a reference point.
    To meet both of these objectives, the Agency has decided, in the 
final rule, to add a new paragraph (b) to Sec.  1926.1414 to provide 
employers with two options with regards to wire rope design criteria. 
The first option would be to comply with an industry consensus standard 
(sec. 5-1.7.1 of ASME B30.5-2004) on design factors for standard wire 
rope. See Sec.  1926.1414(b)(1). This is a well-established benchmark 
for standard wire rope design factors, and the Agency therefore 
determined that it is appropriate to include it as an option. Paragraph 
(c) of sec. 5-1.7.1 is excluded because that deals with rotation 
resistant rope, which is addressed in Sec.  1926.1414(e).
    The second option provides a performance benchmark that is based on 
the rope's compatibility with the rated capacity of the equipment and 
on the need to be able to rely on the inspections in Sec.  1926.1413 as 
an effective means of ensuring the continued safety of the rope. See 
Sec.  1926.1414(b)(2). Specifically, the design must be sufficient to 
ensure that, when the equipment is used in accordance with its rated 
capacity, the employer will be able to prevent a sudden failure of the 
rope by meeting the inspection requirements in Sec.  1926.1413.
    This concept reflects the underlying premise of Sec.  1926.1413 
that regular inspection of the rope can prevent catastrophic failure 
because the rope's degradation will take place over time and will be 
accompanied by indications of wear. Therefore, if the rope is 
appropriate for the equipment, the degradation that occurs with use 
will be sufficiently gradual so that its development can be identified 
in the required inspections and the rope can be removed from service 
before safety is compromised.
Paragraph (c)
    The benchmarks in the two options in paragraph (b) of this section 
do not address an additional design issue, which is the suitability of 
the wire rope with respect to the proper functioning of the equipment. 
For example, selecting a rope with a diameter that is too large for a 
particular machine can result in the rope jumping a sheave. Such a 
condition could, among other adverse consequences, affect the 
operator's ability to control the load. Therefore, OSHA has added an 
additional provision, in new Sec.  1926.1414(c), that requires the rope 
to be compatible with the safe functioning of the equipment.
Paragraph (d) Boom Hoist Reeving
    With the addition of the two new paragraphs, (b) and (c), OSHA is 
redesignating proposed paragraphs (b) through (f) of this section as 
paragraphs (d) through (h) in the final rule.
    Proposed paragraph (b) would have prohibited the use of fiber core 
ropes for boom hoist reeving, except for use on derricks. In the 
Committee's view, the composition of fiber core ropes makes them prone 
to degradation that is not completely detectable by normal inspection 
techniques. Nothing in the record contradicts that conclusion.
    One commenter stated that there was no practical reason to allow 
the use of fiber core ropes for boom hoist reeving on derricks but not 
in other boom hoist applications. (ID-0121.1.) However, as explained in 
the proposed rule, the distinction between derricks and cranes is 
warranted because the sheaves on derricks are smaller than those on 
cranes and therefore require ropes that can accommodate reverse bending 
better than ropes used on cranes. Fiber core ropes are more pliable 
than ropes with a metal core and are therefore suited to applications 
requiring greater reverse bending, such as use on derricks. Moreover, 
the distinction between derricks and cranes is consistent with current 
national consensus standards. The 2004 version of ASME B30.5, in sec. 
5.1.7.2(b), prohibits the use of fiber core wire ropes for boom hoist 
reeving for mobile and locomotive cranes. By contrast, the standard in 
the ASME B30 series that applies to derricks, ASME B30.6-2003, does not 
prohibit the use of fiber core wire rope for boom hoist reeving. 
Permitting the use of fiber core ropes for boom hoist reeving on 
cranes, as the commenter suggests, would reduce protection over that 
currently considered prudent in the industry, and OSHA is therefore 
promulgating paragraph (b)(1) as proposed, renumbering it as paragraph 
(d)(1).
    Proposed paragraph (b)(2) prohibited the use of rotation resistant 
rope for boom hoist reeving except where the requirements of paragraph 
(c) (renumbered paragraph (e) in the final rule), are met. No comments 
were received on this paragraph (b)(2), and it is being promulgated as 
paragraph (d)(2) with the reference to paragraph (c) in the proposed 
rule changed to paragraph (e)
Paragraph (e) Rotation Resistant Ropes
Paragraph (e)(1)
    Proposed paragraph (c)(1) of this section classified rotation 
resistant ropes into three ``Types'' (``Type I'', ``Type II'', and 
``Type III''). Proposed paragraph (c)(2) specified use limitations and 
requirements for each type of wire rope. This approach differed from 
former subpart N, ANSI B30.5-1968 and ASME B30.5-2004, which did not 
distinguish between types of rotation resistant rope. By distinguishing 
between different types of rope, the Committee sought to ensure that 
ropes with different internal structures were subject to appropriate 
requirements and limitations that would enable them to be used safely. 
Types I, II, and III, which have different capabilities, were described 
in proposed paragraph (c)(1).
    ASTM A 1023/A 1023M-02 has a similar classification system, 
although it divides rotation resistant ropes into ``categories'' rather 
than ``types.'' One commenter noted that there is no meaningful 
difference between the classification in the proposed rule and that in 
ASTM A 1023. (ID-0060.1.) This

[[Page 47980]]

commenter urged OSHA to incorporate by reference the ASTM definitions 
rather than to state the definitions in the final rule. This would, the 
commenter suggested, avoid confusion among manufacturers and users who 
rely on the ASTM's classification system.
    Although the provisions in the final rule are substantively similar 
to those in the ASTM standard, the Agency uses the term ``category'' in 
the wire rope provisions of subpart CC that relate to the 
classification of apparent deficiencies (see, e.g., Sec.  
1926.1413(a)(2)). Therefore, to avoid confusion with those provision, 
OSHA uses the term ``type'' in classifying rotation resistant rope in 
Sec.  1926.1414. OSHA concludes that the use of ``category'' in the 
ASTM standard would cause considerable confusion if OSHA were to 
incorporate the ASTM definitions directly. Accordingly, OSHA is 
promulgating proposed paragraph (c)(1) as paragraph (e)(1) of the final 
rule.
Paragraph (e)(2)
    Paragraphs (e)(2) of this section sets forth use requirements of 
the three types of rotation resistant rope in terms of operating design 
factors (and in some instances activity). The purpose of these 
provisions is to ensure that the selection of the type of rotation 
resistant rope is suitable, in terms of safety, to its use.
    These requirements are identical to those in proposed paragraph 
(c)(2). The preamble to the proposed rule explained in detail the basis 
for setting these design factors for rotation resistant rope (see 73 FR 
59782-59783, Oct. 9, 2008). One commenter, stated that rotation 
resistant ropes should have a design factor of less than 5 only for 
single engineered lifts, but provided no rationale for this position. 
No other comments addressed the proposed design factors, and OSHA is 
deferring to the expertise of C-DAC and incorporating the design 
factors in paragraph (e)(2) of the final rule.
    As discussed in the preamble to the proposed rule, paragraphs 
(e)(2)(i)-(iv) use the phrase ``operating design factor.'' 
``Operating'' is included to show that the factors specified in these 
provisions are to reflect how the rope is installed on the specific 
piece of equipment in which it is used. In other words, the operating 
design factor is calculated based on numerous considerations associated 
with both the rope's design and how it is installed on the equipment.
    The prohibition on the use of rotation resistant rope for duty 
cycle and repetitive lifts does not apply to Type I rope because the 
Committee determined that such rope is significantly more resistant to 
rotation or torque compared with Types II and III. This reduces Type 
I's potential for internal wear during use and moves degradation from 
the inner wires to the outer wires, where damage is more easily 
detected during wire rope inspections. Accordingly, the Committee 
concluded that Type I rope can safely be used for duty cycle and 
repetitive lifts at an operating design factor below 5 (but no less 
than 3.5), as specified in proposed paragraph (c)(2)(ii). No comments 
addressed the distinction between the types of wire rope in paragraph 
(e)(2)(i) of this section.
    In the proposed rule, OSHA noted that C-DAC did not include 
definitions for ``duty cycle'' or ``repetitive lifts.'' The Agency 
asked for comment on whether definitions of these terms should be 
included in Sec.  1926.1401 and proposed definitions that it determined 
were consistent with C-DAC's understanding and widely understood in the 
industry. OSHA proposed to define ``duty cycle'' as ``a continuous 
operation in which approximately the same type and weight of load is 
handled.'' It gave dredging with a clamshell as an example of duty 
cycle work. OSHA proposed to define ``repetitive lifts'' as ``a 
continuous operation with loads that may vary in size and weight.'' For 
an example, it noted that steel erection work typically involves 
repetitive lifts of various size and configurations of structural steel 
members.
    Three commenters agreed that ``duty cycle'' and ``repetitive 
lifts'' should be defined, and no commenters suggested otherwise. (ID-
0205.1; -0213.1; -0226.) The commenters on the subject did not object 
to OSHA's proposed definition of ``repetitive lifts,'' but two 
recommended that OSHA's proposed definition of ``duty cycle'' be 
replaced with the following:

    A type of crane service in which bulk material is transferred 
from one point to another by rapidly lifting, swinging, booming, and 
placing the material. Typical types of duty cycle service are 
dragline, clamshell, grapple, and magnet. This type of service is 
differentiated from standard crane ``lift service'' in that cycle 
times are very short and continuous, often less than 1 minute per 
load, and loads are lifted and placed in general areas rather than 
precise positions to permit such rapid cycles.

(ID-0205.1; -0213.1.)
    OSHA determines that in most respects the commenters' suggested 
definition is clearer and better reflects the intent of the Agency. 
Therefore, OSHA is adopting their definition with only minor 
modification (the reference to ``lifting, swinging, booming and 
placing'' is not necessary, since those actions simply describe typical 
crane movements). OSHA is therefore adopting a slightly modified 
version of the definition suggested by the commenters. This definition 
is being included in Sec.  1926.1401, as is the definition for 
``repetitive lifts'' proposed by OSHA and quoted above.
Paragraph (e)(3)
    This proposed paragraph specified additional requirements that must 
be met when Types II and III rotation resistant wire rope are used with 
an operating design factor of between 3.5 and 5 (for non-duty cycle, 
non-repetitive lifts). The Committee concluded that these additional 
requirements are needed to ensure that use of such ropes would be safe.
    Due to renumbering, proposed paragraph (c)(3) corresponds to final 
paragraph (e)(3). One commenter believed that the reference to ``these 
provisions'' in proposed paragraph (c)(3)(iii) was unclear and should 
be clarified to state whether it refers to the entire subpart CC or to 
specific provisions. (ID-0214.1.) As used here, ``these provisions'' 
refers to lifts under final paragraph (e)(3). To avoid any ambiguity, 
``these provisions'' is being changed to ``Sec.  1926.1414(e)(3).''
    The same commenter who stated in regard to final paragraph (e)(2) 
that rotation resistant rope should have a design factor of less than 5 
only for single engineered lifts recommended that paragraph (e)(3) also 
be changed to reflect its recommendation. (ID-0292.1.) OSHA is 
rejecting that suggestion for the same reason given in relation to 
paragraph (e)(2). No other objections to proposed paragraph (c)(3) 
(final paragraph (e)(3)) were received. Accordingly, with the single 
exception just mentioned in regard to final paragraph (e)(3)(iii), 
proposed paragraph (c)(3) is being promulgated as final Sec.  
1926.1414(e)(3).
Paragraph (e)(4) Additional Requirements for Rotation Resistant Rope 
for Boom Hoist Reeving
    Paragraph (e)(4)(i) of this section prohibits rotation resistant 
rope from being used for boom hoist reeving except where the 
requirements of paragraph (e)(4)(ii) of this section are met. C-DAC 
members determined that the general prohibition was necessary because, 
in their experience, rotation resistant rope used for boom hoist 
reeving tends to twist and thereby suffer internal damage when it 
passes over sheaves that are close together. However, C-DAC concluded 
that safety would not be compromised when

[[Page 47981]]

rotation resistant rope is used for boom hoist reeving as long as the 
conditions in paragraph (e)(4)(ii) of this section are met.
    The Committee also determined that the exception would serve a 
practical purpose, especially when using attachments such as luffing 
jibs. The auxiliary hoist is typically used as a boom hoist for such 
attachments, and is normally rigged with rotation resistant rope. The 
exception enables the employer to avoid the need to change the rope 
when using such attachments when safety could be assured by meeting the 
specified conditions for its use.
    The conditions under which rotation resistant rope may be used for 
boom hoist reeving were contained in proposed paragraph (c)(4). No 
substantive objections to that proposed paragraph were received. Two 
commenters stated that the phrase ``rated capacity'' in proposed 
paragraph (c)(4)(ii)(F) should be replaced with ``rated load 
capacity.'' (ID-0205.1; -0213.1.) As noted in the proposed rule, the C-
DAC proposal attributed the same meaning to both ``rated capacity'' and 
``rated load capacity,'' and OSHA is consistently using the term 
``rated capacity'' wherever C-DAC used either term to avoid any 
confusion (see 73 FR 59738, Oct. 9, 2008). Accordingly, proposed 
paragraph (c)(4) is being promulgated as final paragraph (e)(4) without 
substantive change.
Paragraph (f)
    Proposed paragraph (d) of this section specified that wire rope 
clips used with wedge sockets may only be attached to the unloaded dead 
end of the rope, except that devices specifically designed for dead 
ending rope in a wedge socket are also permitted.
    The Committee concluded that this provision was necessary to ensure 
attachment strength, reliability and prevention of cable damage. No 
comments concerning this provision were submitted, and OSHA is 
promulgating it as Sec.  1926.1414(f).
Paragraph (g)
    Proposed paragraph (e) of this section stated that socketing must 
be done according to the specifications of the manufacturer of the wire 
rope or fitting. No comments regarding this provision were received, 
and OSHA is promulgating it as Sec.  1926.1414(g).
Paragraph (h)
    Proposed paragraph (f) of this section specified that seizings must 
be placed on each side of the point to be cut before the wire rope is 
cut. It also specified that the length and number of seizings must be 
in accordance with the instructions of the wire rope manufacturer.
    Seizings are needed to hold the wire in the strands and the strands 
in place during handling while cutting, thereby keeping the rope beyond 
the area of the cut intact. In the Committee's experience, the 
instructions and procedures for seizing differ among various wire rope 
manufacturers. The Committee decided to require employers to follow the 
manufacturer's instructions because it concluded that wire rope 
manufacturers have the knowledge and expertise to best determine the 
length and number of seizings that are needed to maintain the integrity 
of their wire ropes during cutting. No comments regarding this 
provision were received, and OSHA is promulgating it as Sec.  
1926.1414(h).
Section 1926.1415 Safety Devices
    This section sets forth the requirements for equipping cranes and 
derricks with certain safety devices and prohibits the use of the 
equipment if those devices are not working properly.
    The safety devices addressed by this section are devices that C-DAC 
determined are essential for the safe operation of cranes and derricks 
and therefore, required to be present and in proper working order 
during all equipment operations with no alternative measures permitted. 
Those devices considered less critical to equipment safety are 
designated as operational aids and are governed by Sec.  1926.1416. 
That section allows equipment to continue operating if the operational 
aid fails or malfunctions but requires certain temporary alternative 
protective measures in such cases. Those devices designated as safety 
devices in this section, however, are so essential and integral to safe 
equipment operation that C-DAC determined that there is no acceptable 
alternative to having them in proper working order.
Paragraph (a) Safety Devices
    Paragraph (a) of this section lists the safety devices that are 
required on all equipment covered by this subpart and specifications 
and conditions applicable to those devices (including the exemption of 
certain equipment from the requirements of the listed devices).
    Crane Level Indicator: Paragraph (a)(1) requires that a crane level 
indicator be on all equipment covered under this subpart. C-DAC 
determined that level equipment is a key factor in ensuring equipment 
safety. Using a crane level indicator is necessary because it has the 
requisite accuracy for leveling the equipment. C-DAC members stressed 
the need to use a crane level indicator because, if the equipment is 
not properly leveled, it will not have all the capacities indicated in 
the load charts. Reliance on the charts in such situations could cause 
the equipment to overturn or otherwise fail.
    Section 1926.1415(a)(1)(i) specifies that a crane level indicator 
must either be built into the equipment or available on it. One 
commenter requested clarification of whether the rule allows for the 
use of a carpenter's level to satisfy the requirements of proposed 
Sec.  1926.1415(a)(1)(i). (ID-0292.1.)
    A carpenter's level of sufficient length (such as a four-foot 
level), available to the operator, that gives an accurate reading, 
meets the requirements of this paragraph as proposed; such a level is 
typically used in the industry for this purpose. Therefore, it is not 
necessary to revise the text of the rule and OSHA is promulgating 
paragraph (a)(1)(i) as proposed.
    Section 1926.1415(a)(1)(ii) addresses the hazard posed by false 
readings from non-operational crane level indicators remaining on the 
equipment. The Agency is requiring built-in (i.e., integral) crane 
level indicators that are not working properly to be tagged-out or 
removed. Similarly, removable crane level indicators must be removed 
from the equipment if they are not working properly. Both requirements 
are intended to avoid confusion and the operator's inadvertent reliance 
on a device that is not working correctly. OSHA received no comment on 
this provision. Therefore, OSHA promulgated it as proposed, with the 
additional specification that a removable crane level indicator must be 
removed prior to operation if it is not working properly.
    Paragraph (a)(1)(iii) exempts portal cranes,\78\ derricks, floating 
cranes/derricks and land cranes/derricks on barges, pontoons, vessels, 
or other means of flotation from the requirements of Sec.  
1926.1415(a)(1). C-DAC members indicated that these types of equipment 
are leveled and then fixed in place when installed, precluding the need 
for a crane level indicator.\79\ OSHA

[[Page 47982]]

received no comment on this provision. Therefore, OSHA is promulgating 
paragraph (a)(1)(iii) as proposed.
---------------------------------------------------------------------------

    \78\ Section 1926.1401 defines ``portal crane'' as a ``type of 
crane consisting of a rotating upperstructure, hoist machinery, and 
boom mounted on top of a structural gantry which may be fixed in one 
location or have travel capability. The gantry legs or columns 
usually have portal openings in between to allow passage of traffic 
beneath the gantry.''
    \79\ Note that, Sec.  1926.1437(e) requires barge, pontoon, 
vessel or other means of flotation list and trim device for floating 
cranes/derricks and land cranes/derricks.
---------------------------------------------------------------------------

    Boom Stops: Paragraph (a)(2) requires boom stops on all equipment 
except for derricks and hydraulic booms (see the discussion of this 
provision in 73 FR 59785, Oct. 9, 2008). ``Boom stop'' is defined in 
Sec.  1926.1401 as a device that restricts the boom from moving above a 
certain maximum angle and toppling over backwards. OSHA received no 
comment on this provision or definition. Therefore, OSHA is 
promulgating paragraph (a)(2) as proposed.
    Jib Stops: Section 1926.1415(a)(3) requires jib stops on all 
equipment where a jib is attached, except for derricks (see the 
discussion of this provision in 73 FR 59785, Oct. 9, 2008). The 
standard defines ``Jib stop (also referred to as a jib backstop)'' in 
Sec.  1926.1401 as the ``same type of device as a boom stop but used 
for a fixed or luffing jib.'' OSHA received no comment on this 
provision or definition. Therefore, OSHA is promulgating paragraph 
(a)(3) as proposed.
    Foot Pedal Brake Locks: Proposed paragraph (a)(4) required that 
equipment with foot pedal brakes have locks, except for portal cranes 
and floating cranes. Such locks prevent the unintentional disengagement 
of a foot pedal brake, which could lead to unintended equipment 
movement and consequent injuries and fatalities. Due to the physical 
effort needed to keep the pedal engaged, this is particularly important 
where the brake is applied for long periods.
    The rationale for exempting portal cranes and floating cranes from 
this requirement discussed by C-DAC was that there are instances in 
which, due to the pitching of a floating crane and the pitching of the 
vessel or object in the water with which a portal crane works, the 
operator may have to immediately release the brake. The concern is 
that, if the foot pedal brake lock has been activated, the operator may 
not be able to release the brake quickly enough to prevent the 
equipment from being overloaded or to prevent unintended movement of 
the load.
    As explained in the proposed rule, upon review of the exemption in 
the provision, the Agency realized that C-DAC assumed that the locking 
device would always be of the type that is located on the brake pedal. 
That type of device can be difficult to disengage, thereby delaying the 
operator's ability to release the brake. However, there are other types 
of brake locking mechanisms that do not present this problem (for 
example, a brake lock that is hand-actuated). This raised the issue of 
whether the exemption is needed. Consequently, OSHA asked for public 
comment on whether to change proposed Sec.  1926.1415(a)(4) by deleting 
the exemption and requiring a hoist brake locking mechanism for all 
cranes.
    OSHA received no comment on this issue. Therefore, OSHA has not 
included the exemption in the final rule. The final paragraph (a)(4) is 
published as proposed except that OSHA has removed the phrase ``except 
for portal cranes and floating cranes.''
    Integral Holding Device/Check Valve: Paragraph (a)(5) requires that 
hydraulic outrigger jacks have an integral holding device/check valve. 
Such a device is necessary to prevent the outrigger jack from 
collapsing in the event of a hydraulic failure. (See the discussion of 
this provision in 73 FR 59786, Oct. 9, 2008.) OSHA is promulgating this 
provision as proposed.
    Two commenters, both of which had nominated C-DAC members, 
suggested moving this requirement to Sec.  1926.1433 (Design, 
construction and testing) due to their belief that an integral holding 
device/check valve is a design feature. (ID-0205.1; -0213.1.) Neither 
of these organizations' nominees dissented on this issue. Both 
organizations indicated in their comments that they supported the 
recommendations of C-DAC and were not providing any negative comments 
on provisions that mirrored the C-DAC consensus document. Since this 
provision is unchanged from the C-DAC consensus document, the Agency 
assumes that the commenters believe that they are suggesting a non-
substantive formatting change.
    The commenters are mistaken in that regard. By locating this 
provision in the Safety Devices section of the standard, the employer 
is required to inspect the integral holding device/check valve (see, 
e.g., Sec.  1926.1412(d)(1)(xiv)) and, if it is not functioning 
properly, to not use the crane until it is repaired (see Sec.  
1926.1415(b)). If this provision were moved to the Design, construction 
and testing section, it would no longer be considered a safety device. 
If it was not functioning, it would be left to the competent person 
conducting the shift and monthly inspections (and the qualified person 
conducting the annual inspection) to determine if the deficiency 
constituted a safety hazard (see, e.g., Sec.  1926.1412(d)(2)). C-DAC 
determined, and OSHA agrees, that an integral holding device/check 
valve is essential for the safe operation of hydraulic outrigger jacks 
and therefore needs to be designated as a safety device.
    Rail Clamps and Rail Stops: Paragraph (a)(6) specifies that 
equipment on rails have rail clamps and rail stops, except for portal 
cranes. (See the discussion of this provision in 73 FR 59786, Oct. 9, 
2008.) OSHA received no comment on this provision. Therefore, it is 
promulgated as proposed.
    Horn: In the proposed rule, a horn was not listed as a safety 
device. One commenter requested that the standard require a horn. (ID-
0156.1.) ASME B30.5-2004 requires that an ``audible signal device'' be 
provided, within reach of the operator. OSHA agrees that a horn is an 
important safety feature; it is typically a standard feature on cranes 
and is used to warn workers of imminent dangers. Therefore, OSHA has 
included a horn in the list of safety devices in Sec.  1926.1415(a)(7) 
of the final rule.
    The horn need not be permanently installed on the equipment, but it 
must be in a location where the operator can access and use it 
immediately to warn workers of imminent danger. An operator may use a 
removable device, such as a hand-held air horn that is stored near the 
operator in a manner that would not interfere with the operation of the 
equipment, if it satisfies those requirements.
    OSHA is also requiring in Sec.  1926.1415(a)(7)(ii) that built-in 
(i.e., integral) horns be removed or tagged out when they are not 
working properly. Similarly, a removable horn must be removed from the 
equipment when it is not working properly. As noted in the previous 
paragraph, the operator would be permitted to resume operation if an 
operational horn, such as a hand-held air horn, is added to the cab in 
the proper location. It is therefore critical that the operator, and 
operators in subsequent shifts, not be confused about which horn is 
operational. A non-operational horn must be tagged out or removed, 
prior to the resumption of operation, to avoid the operator's 
inadvertent reliance on the nonoperational horn. The horn is often 
required when an unexpected hazard presents itself, and the operator 
must therefore locate and use it quickly.
Paragraph (b) Proper Operation Required
    Paragraph (b) prohibits the operation of the equipment if any of 
the safety devices listed in this section are not in proper working 
order. Under OSHA's existing Sec.  1926.20(b)(3), employers must tag 
out or remove any equipment that is not in compliance with any 
applicable requirement in part 1926. In Sec.  1926.1417(f), OSHA makes 
it clear that when equipment is ``taken out of

[[Page 47983]]

service,'' the employer must place a tag in the cab to provide clear 
notice to all employees that the equipment is out of service. To avoid 
any potential ambiguity about whether equipment is ``taken out of 
service'' when its operation is prohibited because of an inoperational 
safety device, OSHA is inserting new text in Sec.  1926.1415(b) and a 
cross reference to Sec.  1926.1417 (Operation). Specifically, final 
paragraph (b)(2) requires that equipment be ``taken out of service'' 
when one of the safety devices in Sec.  1926.1415 is not operating 
properly. The general tagout requirement in Sec.  1926.1417(f)(1) will 
apply whenever any of the safety devices are not operating properly.
    The Agency notes that the specific tagout/removal requirements for 
crane level indicators (Sec.  1926.1415(a)(1)(ii)) and horns (Sec.  
1926.1415(a)(7)(ii)) are intended to supplement this general 
requirement. Unlike the safety devices addressed in Sec. Sec.  
1926.1415(a)(2) through (a)(6), which are not as likely to be left on 
the equipment once they are non-operational, Sec. Sec.  
1926.1415(a)(1)(ii)) and 1926.1415(a)(7)(ii)) address the additional 
hazard that non-operational equipment might remain in the cab, and be 
accidently relied on by the operator, once an operational version of 
the same device has been placed in the cab.
Section 1926.1416 Operational Aids
    This section sets forth the requirements for equipping cranes and 
derricks with certain operational aids. ``Operational aids'' are 
defined in Sec.  1926.1401 as ``devices that assist the operator in the 
safe operation of the crane by providing information or automatically 
taking control of a crane function. These include, but are not limited 
to, the devices listed in Sec.  1926.1416 (`listed operational 
aids').''
    As discussed above regarding Sec.  1926.1415, OSHA determines that 
the devices addressed in Sec.  1926.1416 enhance safety. However, they 
are less essential to the safe operation of equipment than the safety 
devices addressed by Sec.  1926.1415 because sufficient temporary 
alternative measures are available. Crane operators historically used 
these temporary alternative measures as safety precautions prior to the 
widespread availability and use of these operational aids.
Paragraph (a)
    Proposed paragraph (a) of this section provided that the 
operational aids listed in this section are required on all equipment 
covered by subpart CC, unless otherwise specified.
    Other sections of this rule provide exceptions for various types of 
equipment. Under Sec.  1926.1435(e)(1), this section does not apply to 
tower cranes. Instead, the operational aids required for tower cranes 
are specified in Sec.  1926.1435. Under Sec.  1926.1436(f)(1), 
Sec. Sec.  1926.1416(d)(1), (e)(1), and (e)(4) do not apply to 
derricks.
    This section also does not apply to existing equipment manufactured 
before certain dates. Those dates are keyed either to the time an 
operational aid was first required by a national consensus standard or 
to the effective date of the standard. One year after the effective 
date of this final rule, the proposed rule would have required all 
operational aids on all equipment, with a single exception: proposed 
paragraph (e)(4) did not require load weighing or similar devices on 
derricks.
    A trade association asked that articulating cranes be exempt from 
certain requirements of this section: the requirement for a boom angle 
or radius indicator in paragraph (e)(1) of this section; the 
requirement for a jib angle indicator in paragraph (e)(2) of this 
section; the requirement for a boom length indicator in paragraph 
(e)(3) of this section; and the requirement for an outrigger position 
sensor/monitor in paragraph (e)(5)(i) of this section. (ID-0206.1.) As 
to the first three, the commenter stated that these would not be 
practical on articulating cranes because of the boom configuration on 
such cranes. The commenter said that a boom angle indicator or jib 
angle indicator could not be used because articulating cranes can have 
up to three boom sections at different angles. Unlike cranes with 
straight booms, their capacity is determined by the combination of boom 
angles rather than a single angle. Similarly, the commenter stated, 
boom length indicators are not practical on articulating cranes because 
their lifting capacity is based on the position of the boom sections 
rather than the boom length. Finally, the commenter asserted that 
articulating cranes should be exempt from the requirement for outrigger 
position sensor monitors because such cranes use stabilizers rather 
than outriggers.
    OSHA agrees with the commenter that boom angle indicators, jib 
angle indicators, and boom length indicators are not appropriate for 
articulating cranes for the reasons given by the commenter. 
Accordingly, OSHA is adding Sec.  1926.416(a)(1), which excludes 
articulating cranes from the requirements in Sec. Sec.  
1926.1416(e)(1), (e)(2), and (e)(3).
    OSHA is not exempting articulating cranes from the requirement of 
Sec.  1926.1416(e)(5)(i). As discussed under Sec.  1926.1404, for 
certain types of cranes, stabilizers serve the same function as 
outriggers and, where appropriate, provisions of the proposed rule that 
applied to outriggers are being changed in the final rule to also apply 
to stabilizers. One such provision is paragraph (e)(5)(i) of this 
section, which, as discussed below, has been modified from the proposed 
rule to require outrigger/stabilizer position sensor monitors rather 
than outrigger position sensor monitors on equipment manufactured more 
than one year after the effective date of the standard. As so modified, 
the provision appropriately applies to articulating cranes.
    Another commenter stated that digger derricks do not typically have 
anti-two blocking devices (paragraph (d)(3)), radius indicators 
(paragraph (e)(1)), load weighing devices (paragraph (e)(4)), outrigger 
position indicators (paragraph (e)(6)(i)), and hoist drum rotation 
indicators (paragraph (e)(5)(ii).\80\ (ID-0155.1.) This commenter does 
not state that such devices would be impractical on digger derricks but 
only that they are not currently equipped with the devices. OSHA notes 
that the ANSI standard applicable to digger derricks, ANSI/ASSE A10.31-
2006, does not require the devices listed by the commenter. As noted 
above, this final rule is exempting certain older or existing equipment 
from the need to be equipped with certain operational aids when the 
consensus standard for such equipment has not required those devices. 
Consistent with this policy, OSHA is specifying that only those digger 
derricks manufactured more than one year after the effective date of 
this standard must be equipped with anti-two blocking devices, boom 
angle or radius indicators, and load weighing devices. Under Sec.  
1926.1416(e)(5), outrigger position indicators and hoist drum rotation 
indicators are not required on any equipment until one year after the 
effective date of the standard, so it is not necessary to single out 
digger derricks for special treatment for these devices. Accordingly, 
OSHA is adding Sec.  1926.1416(a)(2) to the final rule, which provides 
that the requirements in Sec. Sec.  1926.1416(d)(3), (e)(1), and (e)(4) 
only apply to those digger derricks manufactured more than one year 
after the effective date of this standard.
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    \80\ The term ``digger derrick'' is defined in Sec.  1926.1401. 
As discussed in Sec.  1926.1400, digger derricks are not covered by 
the standard when used for work related to utility poles but are 
subject to this final rule when used covered for general lifting 
activities unrelated to utility poles.

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[[Page 47984]]

Paragraph (b)
    Proposed paragraph (b) of this section stated that operations shall 
not begin unless the listed operational aids are in proper working 
order, except where the employer meets specified temporary alternative 
measures. If the crane or derrick manufacturer specified more 
protective alternative measures, the employer would have to follow 
those measures.
    Upon reviewing the proposed paragraph, OSHA believes it does not 
state its requirement as clearly as possible. As subsequent provisions 
of this section make clear, employers may only use temporary 
alternative measures while listed operational aids are being repaired, 
and then only for limited times. OSHA is rewording paragraph (b) in the 
final rule to make these requirements clearer.
    Two hearing participants requested that, in general, OSHA remove 
any provision in the proposed rule that would require strict adherence 
to manufacturer's procedures. (ID-0341; -0342.) Compliance with 
manufacturer procedures is addressed in the discussion of Sec.  
1926.1417. In addition, OSHA determines that the rule addresses the 
hearing participants' concerns. Employers can fully comply with the 
standard by maintaining the listed operational aids in proper working 
order. For brief periods while such aids are being repaired, employers 
can generally comply by following the temporary alternatives listed in 
the rule. Only if manufacturers recommend safer alternatives, which 
OSHA concludes will rarely occur, will employers need to look to those 
recommendations rather than the precautions specified in the rule.
Paragraph (c)
    Paragraph (c) of this section states that if a listed operational 
aid stops working properly during operations, the operator must safely 
stop operations until the temporary alternative measures are 
implemented or the device is again working properly. Further, if a 
replacement part is no longer available, a substitute device that 
performs the same type of function may be used, and the use of such a 
device is not considered a modification under Sec.  1926.1434, 
Equipment modifications. Section 1926.1434 applies to modifications or 
additions that affect the capacity or safe operation of the equipment 
except where the requirements of paragraphs (a)(1), (a)(2), or (a)(3) 
of Sec.  1926.1434 are met. OSHA determines that it is unnecessary to 
apply Sec.  1926.1434 to the use of a substitute operational aid 
because, as long as the substitute device works properly, its use will 
not affect the capacity or safe operation of the equipment. No comments 
were received on this paragraph, and it is promulgated as proposed.
Paragraph (d) Category I Operational Aids and Alternative Measures
    The standard categorizes operational aids by the amount of time 
permitted for the use of temporary alternative measures in place of the 
listed operational aids. Employers must ensure the repair of Category I 
operational aids, addressed by paragraph (d), no later than 7 days 
after the deficiency occurs. Category II operational aids, addressed 
below by paragraph (e), have a 30-day time limit for repair. Except 
where noted, C-DAC recommended each of these aids for the reasons set 
forth below. The Committee further determined that each of the 
temporary alternative measurers would be safe to use until the 
deficient operational aid was restored to proper service within the 
time required under the section. OSHA agrees. (For purposes of 
clarification, the Agency has added a reference to Sec.  1926.1416(d) 
noting that the requirements of Sec.  1926.1417(j) are applicable. See 
further discussion at Sec.  1926.1417(j).)
    Both Category I and II have an exception to the repair time limits. 
For Category I, if the employer documents that it has ordered the 
necessary parts within 7 days of the occurrence of the deficiency, the 
repair must be completed within 7 days of receipt of the part. For 
Category II, if the employer documents that it has ordered the 
necessary parts within 7 days of the date on which the deficiency was 
discovered, and does not receive the part in time to complete the 
repair in 30 days, the repair must be completed within 7 days of 
receipt of the part. OSHA determines that these time limits are both 
feasible and reflective of the amount of time that it is appropriate to 
rely on the temporary alternative measures in each category.
    During the SBREFA Panel process, one Small Entity Representative 
stated that an extended time limit might be required to determine the 
appropriate part number for older equipment. Therefore, it might not be 
possible to order a replacement within 7 days of the occurrence of the 
deficiency. OSHA sought public comment on the extent to which this is a 
problem. OSHA further sought comment on how to accommodate employers 
when the unavailability of a part number hinders them from ordering a 
replacement part. OSHA did not receive comments on these issues.
    The SBREFA Panel also questioned whether the number of ``days'' for 
ordering parts and completing repairs for operational aids refers to 
calendar days or business days. Absent a different definition in the 
standard, OSHA interpreted the word ``days'' to mean ``working days'' 
which, as discussed above in relation to proposed Sec.  1926.1407(e), 
would mean Mondays through Fridays, excluding Federal holidays. OSHA 
sought public comment on whether a different definition of ``days'' 
should apply under this section.
    One commenter stated that the use of the term ``days'' is unclear. 
(ID-0143.1.) Two commenters stated it was C-DAC's intention that the 
term ``days'' mean calendar days as opposed to business days. The 
commenters stated that the circumstances in Sec.  1926.1407(e), where 
the rule uses business days, are unique because power companies are not 
open/available on weekends.
    OSHA concludes that the 7 and 30 day time frames should refer to 
calendar days. The periods correspond to one calendar week and one 
typical calendar month, and it is, therefore, easy to determine when 
the period ends if they mean calendar days. Moreover, referring to 
``calendar'' days will lead to faster repairs and help promote safety. 
Therefore, OSHA has clarified by adding the word ``calendar'' before 
each use of the word ``days'' in this section; the remainder of 
paragraph (c) is identical to the proposed rule.
    Paragraph (d) lists the required Category I operational aids and 
the acceptable temporary alternative measures for these aids.
    Boom Hoist Limiting Device: Paragraph (d)(1) requires that all 
equipment manufactured after December 16, 1969, have a boom hoist 
limiting device. As defined in Sec.  1926.1401, a boom hoist limiting 
device ``disengages boom hoist power when the boom reaches a 
predetermined operating angle'' and also ``sets brakes or closes valves 
to prevent the boom from lowering after power is disengaged.'' Section 
1926.1401 also defines the term ``boom hoist limiting device'' to 
include ``boom hoist disengaging device, boom hoist shutoff, boom hoist 
disconnect, boom hoist hydraulic relief, boom hoist kick-outs, 
automatic boom stop device, or derricking limiter.'' A boom hoist 
limiting device automatically prevents the boom hoist from pulling the 
boom past the minimum allowable radius (maximum boom angle). If the 
boom hoist pulls the boom past that point, a failure is likely (for 
example, the boom

[[Page 47985]]

could buckle from being forced against the boom stop).
    The December 16, 1969, date reflects the effective date of ASME 
B30.5-1968. This was the first national consensus standard to require a 
boom hoist limiting device, and C-DAC regarded that date as a 
reasonable indicator of when the industry began to widely manufacture 
or equip cranes and derricks with such devices. OSHA agrees. Although 
the ASME standard only applies to crawler, locomotive, and truck 
cranes, OSHA is extending this provision to all equipment based on 
prevailing industry practice.
    The standard includes three temporary alternative measures in 
paragraphs (d)(1)(A)-(C), of which the employer must use at least one 
if the boom hoist limiting device malfunctions: (A) Use of a boom angle 
indicator; (B) clearly marking the boom hoist cable at a point that 
will give the operator sufficient time to stop the hoist to keep the 
boom within the minimum allowable radius; and, (C) if a spotter is 
used, clearly marking the boom hoist cable at a point that will give 
the spotter sufficient time to signal the operator and have the 
operator stop the hoist to keep the boom within the minimum allowable 
radius. C-DAC recommended these measures because historically they were 
used by employers prior to the development of the boom hoist limiting 
device.
    In the proposed rule, Sec.  1926.1416(d)(1)(ii) specified that 
employers must, on a permanent basis, use at least one of these 
measures for equipment manufactured on or before December 16, 1969 that 
``was not originally equipped'' with a boom hoist limiting device. OSHA 
notes that equipment not originally equipped with a boom hoist limiting 
device might have one added later, and that such a piece of equipment 
should be treated the same as equipment originally equipped with such a 
device. Accordingly, OSHA has modified Sec.  1926.1416(d)(1)(ii) by 
replacing ``was not originally equipped'' with ``is not equipped'' and 
removing ``on a permanent basis.'' If and when the equipment is 
modified to include the limiting device, it would fall under Sec.  
1926.1416(d)(1)(i). Until that point, it would remain under Sec.  
1926.1416(d)(1)(ii), and at least one of the measures in paragraphs 
(d)(1)(A)-(C) would be required at all times.
    Luffing Jib Limiting Device: Paragraph (d)(2) requires that 
equipment with a luffing jib have a luffing jib limiting device. As 
defined in Sec.  1926.1401, a luffing jib limiting device ``is similar 
to a boom hoist limiting device, except that it limits the movement of 
the luffing jib.'' These devices function similarly and are 
distinguished only as to the type of crane extension they are designed 
to limit automatically, the jib or the boom. The temporary alternative 
measures for a luffing jib limiting device are the same as those for a 
boom hoist limiting device in paragraphs (d)(1)(i)(A)-(C). For clarity, 
the Agency added the words, ``rather than the boom hoist'' to paragraph 
(d)(2)(i).
    Anti Two-Blocking Device: Paragraph (d)(3) sets forth the 
requirements for anti two-blocking devices. Section 1926.1401 defines 
``two-blocking'' as ``a condition in which a component that is 
uppermost on the hoist line such as the load block, hook block, 
overhaul ball, or similar component, comes in contact with the boom 
tip, fixed upper block or similar component. This binds the system and 
continued application of power can cause failure of the hoist rope or 
other component.'' As the definition indicates, two-blocking can cause 
the crane to drop the load, the headache ball, or another component, 
creating a hazard to employees below. When hoisting personnel, an anti 
two-blocking device had been required by former Sec.  
1926.550(g)(3)(ii)(C) since October 3, 1988, but was not otherwise 
required under subpart N. OSHA concludes that requiring the use of anti 
two-blocking devices will reduce the number of crane-related injuries 
and fatalities.
    There are two forms of anti two-block devices: an automatic 
prevention device or a warning device. The automatic prevention device 
automatically stops two-blocking from occurring. The warning device 
warns the operator when two-blocking is about to occur. OSHA determines 
that an automatic prevention device provides better protection than a 
warning device for employees, since it automatically stops two-
blocking. As discussed below, the standard ultimately requires 
automatic prevention devices on all equipment manufactured after 
February 28, 1992, under a phase-in schedule. The standard takes into 
account of the date the national consensus standard, ASME B30.5, began 
to require such devices for telescopic boom cranes, and that B30.5 
continues to allow lattice boom cranes to be equipped with either 
automatic prevention devices or warning devices.
    ASME B30.5, effective February 28, 1992, states that telescopic 
boom cranes must have automatic prevention devices. For lattice boom 
cranes, ASME B30.5 states that they must have two-block protection but 
allows greater flexibility, allowing them to be equipped with either 
automatic prevention devices or warning devices. The additional 
protection for telescopic boom cranes in the ASME standard reflects the 
fact that such cranes are more likely to two-block because telescoping 
the boom out (an action that does not occur with lattice boom cranes) 
moves the boom's block closer to the load end of the hoist cable, which 
can cause two-blocking.
    Because February 28, 1992 is the date that ASME B30.5 first stated 
that telescopic boom cranes must have anti two-block devices and is 
when the industry first began widely manufacturing or equipping such 
cranes with such devices, proposed paragraph (d)(3)(i) requires 
automatic prevention devices on all telescopic boom cranes manufactured 
after February 28, 1992. However, because ASME B30.5 allows lattice 
boom cranes to have either an automatic prevention device or a warning 
device since February 28, 1992, paragraph (d)(3)(ii)(A) gives employers 
the option of using either device on lattice boom cranes manufactured 
between February 28, 1992, and one year after the effective date of 
this standard.
    OSHA concludes that an automatic prevention device provides better 
protection than a warning device because it directly addresses the 
hazard, rather than alerting an operator and requiring an additional 
step by the operator to address the hazard. Therefore, lattice boom 
cranes manufactured more than one year after the effective date of this 
standard must be equipped with an automatic prevention device.
    Paragraph (d)(3)(ii)(C) excludes lattice boom equipment used during 
certain activities from the anti two-block requirements of (d)(3)(A) 
and (B). The provision exempts lattice boom equipment when used for 
dragline, clamshell (grapple), magnet, drop ball, container 
handling,\81\ concrete bucket, marine operations that do not involve 
hoisting personnel, and pile driving work. C-DAC indicated that most of 
these operations involve heavy repetitive motion, and anti-two-block 
devices used during these activities consistently malfunction (that is, 
the device ``trips'' even though two-blocking has not occurred) and are 
frequently damaged.
---------------------------------------------------------------------------

    \81\ In most situations hoisting containers are regulated under 
29 CFR part 1918; this standard applies to hoisting containers only 
where that activity is construction work. For example, hoisting a 
container of construction material from a ship onto a concrete pier 
that is part of a bridge construction project is a construction 
activity covered by this standard.
---------------------------------------------------------------------------

    However, note that Sec.  1926.1437(f)(1) requires anti two-block 
devices on floating cranes/derricks and land

[[Page 47986]]

cranes/derricks on barges when hoisting personnel or hoisting over an 
occupied cofferdam or shaft. The Agency determines that cranes need 
anti two-block devices to prevent employees from being dropped and to 
prevent loads from striking employees in the confined work environment 
of a cofferdam or shaft. These safety considerations outweigh any 
concern for damage to a device or unnecessary ``tripping'' during 
marine operations.
    The temporary alternative measures available when an anti two-block 
device on a lattice-boom crane or derrick malfunctions are to clearly 
mark the cable so that it can easily be seen by the operator at a point 
that will give the operator sufficient time to stop the hoist to 
prevent two-blocking, or to use a spotter to warn the operator to stop 
the hoist.
    For telescopic boom cranes, the temporary alternative measures 
required are to clearly mark the cable so that it can easily be seen by 
the operator at a point that will give the operator sufficient time to 
stop the hoist to prevent two-blocking and to use a spotter when 
extending the boom. OSHA determines that the alternative measures for 
telescopic boom cranes must require the use of a spotter when extending 
the boom because two-blocking can occur even when the cable hoist is 
not being operated. As noted above, telescoping the boom out moves the 
boom's block closer to the load end of the hoist cable, which can cause 
two-blocking. A mark on the hoist cable in such instances will not warn 
the operator that two-blocking is about to occur. Therefore, when 
extending the boom, a spotter is required.
    The proposed rule did not address the issue of anti two-block 
protection for articulating cranes. Many such cranes are equipped with 
forks at the end of the boom and do not have the potential for two-
blocking. However, those equipped with a load hoist present the same 
potential for two-blocking as other cranes with load hoists. A trade 
association pointed out that the ASME standard for articulating cranes, 
ASME B30.22-1998, first required two-block protection effective 
December 31, 1999. (ID-0206.1.) OSHA infers that articulating cranes 
with boom hoists manufactured after December 31, 1999, were routinely 
equipped with automatic two-block protection after that date. 
Therefore, to treat such cranes in a manner similar to lattice boom 
cranes and telescopic boom cranes, OSHA is adding Sec.  
1926.1416(d)(3)(iii) to the final rule.
Paragraph (e) Category II Operational Aids and Alternative Measures.
    Paragraph (e) of this section lists the required Category II 
operational aids and the acceptable temporary alternative measures for 
these aids. If any of these aids is not working properly, it must be 
repaired no later than 30 days after the deficiency occurs. As noted 
above, if the employer documents that it has ordered the necessary 
parts within 7 calendar days from the occurrence of the deficiency, and 
does not receive the part in time to complete the repair in 30 calendar 
days, the repair must be completed within 7 calendar days of receipt of 
the part. (For purposes of clarification, the Agency has added a 
reference to Sec.  1926.1416(e) noting that the requirements of Sec.  
1926.1417(j) are applicable. See further discussion at Sec.  
1926.1417(j).)
    Boom Angle or Radius Indicator: Paragraph (e)(1) requires a boom 
angle or radius indicator that is readable from the operator's station 
on all equipment. Section 1926.1401 defines ``boom angle indicator'' as 
``a device which measures the angle of the boom relative to the 
horizontal.'' This definition is identical to that in the SC&RF 
Handbook. It is necessary to know the boom angle to determine the 
crane's capacity from its load chart. The temporary alternative measure 
is to measure the radii or boom angle with a measuring device.
    Jib Angle Indicator: Paragraph (e)(2) requires a jib angle 
indicator on all equipment with a luffing jib. The temporary 
alternative measure is to measure the radii or jib angle with a 
measuring device.
    Boom Length Indicator: Paragraph (e)(3) requires a boom length 
indicator on all equipment equipped with a telescopic boom. Section 
1926.1401 defines a ``boom length indicator,'' as a device that, 
``indicates the length of the permanent part of the boom (such as ruled 
markings on the boom) or, as in some computerized systems, the length 
of the boom with extensions/attachments.'' OSHA did not receive any 
comments on the definition and is promulgating it as proposed. The 
operator must know the length of the boom because it affects the 
crane's capacity, as shown on the load chart. At least one of the 
following must be used as a temporary alternative measures: mark the 
boom with measured marks to calculate boom length; calculate boom 
length from boom angle and radius measurements; or measure the boom 
with a measuring device.
    Load Weighing and Similar Devices: Proposed paragraph (e)(4) 
required load weighing and similar devices on all equipment with a 
rated capacity over 6,000 pounds and manufactured after March 29, 2003 
(except derricks; a comparable provision for derricks is in Sec.  
1926.1436(f)(3), discussed below). The framework of this proposed 
paragraph was similar to the approach taken in sec. 5-1.9.9.2 of ASME 
B30.5-2004, respecting these aids. The proposed standard permitted 
employers to choose to outfit its equipment with either a load weighing 
device, load moment (or rated capacity) indicator, or a load moment or 
rated capacity limiter. The latter two terms are defined in Sec.  
1926.1401. All three devices are intended to help the operator avoid 
exceeding the equipment's rated capacity and thereby prevent the crane 
from tipping over.
    This proposed provision was limited to equipment (other than 
derricks) manufactured after March 29, 2003. That was the date when 
ASME B30.5 first called for all mobile cranes with a rated capacity 
over 6,000 pounds to be equipped with load weighing devices. The 
proposed provision was thus keyed to the date when the industry first 
began widely manufacturing or equipping mobile cranes with load 
weighing or load moment devices.
    A trade association pointed out that ASME B30.5 does not apply to 
articulating cranes and that the applicable consensus standard, ASME 
B30.22, does not require the devices specified in paragraph (e)(4). 
(ID-0206.1.) The commenter stated, however, that these are likely to be 
required by the 2010 update of ASME B30.22.
    As discussed in Sec.  1926.1400, evidence in the record shows that 
many articulating cranes are currently equipped with automatic overload 
prevention devices which, like the devices specified in this section, 
are designed to avoid the possibility of tipover. Therefore, the 
tipover hazard addressed by paragraph (e)(4) can be addressed for 
newly-manufactured articulating cranes by requiring such cranes to be 
equipped with either automatic overload prevention devices or one of 
the devices specified in paragraph (e)(4). To achieve this objective, 
OSHA is therefore revising proposed paragraph (e)(4). The requirement 
in proposed paragraph (e)(4) is revised to exclude articulating cranes 
and is renumbered paragraph (e)(4)(i) in the final rule. New paragraph 
(e)(4)(i) includes temporary alternative measures based on calculations 
from sources recognized by the industry. The proposed rule had provided 
for calculations based on a ``reliable'' source or calculation method, 
or ``by other equally reliable means.'' To avoid the

[[Page 47987]]

potentially subjective interpretations of ``reliable,'' OSHA is instead 
requiring that the measurements be from a source typically relied on in 
the industry.
    A new paragraph (e)(4)(ii), applicable to articulating cranes, is 
added. This new paragraph requires articulating cranes manufactured 
more than one year after the effective date of the standard to be 
equipped with either an automatic overload prevention device, a load 
weighing device, a load moment (or rated capacity) indictor, or a load 
moment (or rated capacity) limiter. Paragraph (e)(4)(ii) will protect 
workers against articulating cranes tipping over while giving employers 
a choice of means to achieve this objective. The temporary alternative 
measure required under paragraph (e)(4)(ii) is the same as that 
required under paragraph (e)(4)(i).
    A commenter informed OSHA that New York City requires a load 
weighing or similar device on cranes manufactured after December 30, 
1993, and requested that the final rule allow local governments to 
impose stricter requirements. (ID-0156.1.) Whether local governments 
can impose stricter requirements than provided under this final rule is 
discussed under federalism in section V.D of this preamble.
    Proposed paragraph (e)(5) required two future operational aids--an 
outrigger position sensor/monitor and a hoist drum rotation indicator--
on all equipment manufactured more than one year after the effective 
date of this standard.\82\ As discussed in Sec.  1926.1404, certain 
types of equipment are equipped with stabilizers rather than 
outriggers, and OSHA is modifying the language of proposed 
``outrigger'' provisions to clarify that such provisions also apply to 
equipment with stabilizers. Therefore, paragraph (e)(5)(i) is being 
reworded in the final rule to apply to equipment with stabilizers as 
well as outriggers. Paragraph (e)(5)(ii), which requires hoist drum 
rotation indicators, is promulgated as proposed.
---------------------------------------------------------------------------

    \82\ The proposed rule would have required these aids on 
equipment manufactured after January 1, 2008. Here, as elsewhere, 
OSHA believes that devices not commonly installed on equipment 
should be not be required until more than one year after the 
effective date of the final rule.
---------------------------------------------------------------------------

    One commenter stated that deadman controls should be required on 
all cranes. (ID-0156.1.) Section 1926.1435(d)(2)(viii) requires that 
tower cranes have deadman controls, but C-DAC did not determined these 
should be required on other types of cranes. This commenter has not 
stated why it believes such controls are needed for safe operation of 
other types of cranes. Accordingly, OSHA defers to C-DAC's judgment 
that deadman controls should not be required on cranes other than tower 
cranes.
Section 1926.1417 Operation
    Section 1926.1417 addresses hazards associated with general 
operation of equipment covered by this standard. Previously, 29 CFR 
part 1926, subpart N primarily addressed safe operation by 
incorporating national consensus standards and manufacturer 
recommendations. For example, former Sec.  1926.550(b)(2) required 
crawler, truck, and locomotive cranes to comply with the operation 
requirements of ANSI B30.5-1968. The provisions in this section are 
designed to update such requirements, make them more comprehensive, and 
state them in a way that is clear and enforceable.
Paragraph (a)
    Paragraph (a) of this section requires employers to comply with the 
manufacturer procedures applicable to the operational functions of all 
equipment covered by this standard, including the use of equipment with 
attachments. ``Procedures'' is defined in Sec.  1926.1401 to include, 
but not be limited to, ``instructions, diagrams, recommendations, 
warnings, specifications, protocols, and limitations.''
    Two commenters opposed this provision. The first, a representative 
from the building industry, stated that it was ``problematic'' to 
``literally require employers to become familiar with and obey to the 
letter anything written by a manufacturer related to a crane, no matter 
how unwise, unnecessary, or infeasible.'' (ID-0232.1.) The commenter 
also explained that crane manufacturers fear tort liability, which 
causes them to over-warn in their manuals, and suggested that employers 
needed to be able to use common sense to separate over-warning from 
serious recommendations. The commenter argued further that this 
provision constituted a delegation of authority inconsistent with the 
U.S. Constitution and the Occupational Safety and Health Act, and was 
unsupported by the rulemaking record. A building industry trade 
association agreed with the building industry representative's points 
and advocated amending this provision to require operation of equipment 
in a manner ``consistent with manufacturers' recommendations.'' (ID-
0214.1.) It also believed that the costs of complying with this 
provision would be excessive.
    OSHA disagrees with the suggestion that this provision is 
problematic because of the possibility that some equipment manufacturer 
may conceivably develop procedures which are ``unwise, unnecessary, or 
infeasible.'' Neither commenter provided any specific examples or data 
in support of this assertion, and it is unreasonable to think that 
crane manufacturers would develop such procedures. Like all product 
manufacturers, crane manufacturers want satisfied customers and repeat 
business, and OSHA has no basis to conclude, as the commenters suggest, 
that they will alienate their customers by recommending unnecessary 
procedures that will reduce the usefulness and productivity of their 
products. Moreover, there are sound reasons to determine that following 
manufacturer procedures will result in both the safe and productive use 
of cranes. The manufacturer of a large and complex piece of machinery 
such as a crane is thoroughly familiar with the machine's design, 
components, and capabilities and is well-positioned to develop the 
procedures that enable the crane to be used effectively and safely. The 
commenters provided no basis for OSHA to conclude that allowing crane 
users to pick and choose which manufacturer recommendations to follow 
will promote safety, and OSHA does not believe this is the case. 
Moreover, C-DAC's members had vast experience in crane manufacturing 
and use and were well-positioned to determine whether compliance with 
manufacturer's recommendations will promote crane safety. They 
concluded that it would. In the absence of additional evidence, OSHA 
defers to C-DAC's experience.
    OSHA also finds no merit in the building industry representative's 
assertion that compliance with manufacturer recommendations should not 
be required because manufacturers ``over-warn'' out of liability 
concerns. The best way for manufacturers to avoid liability for 
accidents involving their products is to recommend the precautions that 
are needed to prevent such accidents, so their concern for tort 
liability is fully consistent with the objective of this standard.
    Regarding the delegation of authority issue, OSHA notes that 
provisions similar to this one, including provisions in the prior 
cranes standard in former Sec.  1926.550, have withstood judicial 
scrutiny on every occasion on which they have been challenged.\83\ See, 
e.g.,

[[Page 47988]]

Associated Builders & Contractors v. Miami-Dade County, 594 F.3d 1321; 
Associated Builders & Contractors, Inc. v. Brock, 862 F.2d 63, 68-69 
(3d Cir. 1988); Towne Constr. Co. v. Occupational Safety & Health 
Review Comm'n, 847 F.2d 1187, 1189 (6th Cir. 1988) (finding the 
physical impossibility of requiring OSHA independently to set safety 
standards for every industry job classification and industrial 
substance in the country justifies reliance on the fruits of private 
efforts as governmental standards).
---------------------------------------------------------------------------

    \83\ Among the many OSHA standards requiring compliance with 
manufacturer information are: Sec.  1910.134, UI; Sec.  1910.184, 
Slings; Sec.  1910.265, Sawmills; Sec.  1915.113, Shackles and 
hooks; Sec.  1910.217, Mechanical power presses; Sec.  1926.451, 
Scaffolds: General requirements; Sec.  1926.302, Power-operated hand 
tools; and Sec.  1917.43, Powered industrial trucks.
---------------------------------------------------------------------------

    The requirement in Sec.  1926.1417(a) to comply with manufacturers' 
operating procedures is essentially the same as that imposed by former 
Sec.  1926.550(a)(1) of the prior rule. As the commenter from the 
building industry notes, former Sec.  1926.550(a)(1) was upheld against 
a challenge that requiring compliance with manufacturer's 
specifications and operating limitations is an illegal delegation of 
authority to private persons. (ID-0232.1, citing Towne Construction, 12 
BNA OSHC 2185 (OSHRC 1986) aff'd 847 F.2d 1187 (6th Cir. 1988).) The 
Review Commission and the Sixth Circuit found that the prior rule's 
delegation to manufacturers was circumscribed by other regulatory 
requirements governing the design and construction of cranes. (See, 
e.g., 12 BNA OSHC at 2186 noting design specifications in 29 CFR 
1910.180(c)(1) applied to cranes covered by former Sec.  1926.550.) The 
final rule contains design, construction and testing requirements that 
are more comprehensive than those applicable under the prior rule. 
These limitations on manufacturers' discretion are sufficient to defeat 
a facial delegation challenge. 12 BNA OSHC at 2186, 847 F.2d at 1189. 
See also Associated Builders and Contractors, 2010 WL 276669 *3 (OSHA's 
adoption of consensus specifications for safe operation of cranes 
``conforms with an intelligible principle'' and is therefore valid). To 
require OSHA to independently determine and codify every safety 
procedure for every configuration of every make and model of crane or 
other equipment covered by this standard, as well as every attachment 
or device that could be used with that equipment, would be unrealistic, 
inefficient, and contrary to all jurisprudence on this issue. In light 
of C-DAC's recommendations to include manufacturer procedures in 
subpart CC, and based on the record as a whole, OSHA concludes that 
requiring compliance with manufacturer procedures is an efficient and 
appropriate means of ensuring safe maintenance, assembly and 
disassembly, configuration, and operation of equipment covered by this 
subpart. Therefore, OSHA is incorporating manufacturers' procedures and 
recommendations into Sec.  1926.1417, and several other provisions of 
this standard, where the Agency determines that it is the most 
effective and appropriate way to accomplish the OSH Act goals.
    Two commenters objected to OSHA's inclusion of manufacturer 
``recommendations'' in the definition for equipment criteria. (ID-
0205.1; -0213.1.) The commenters, however, provide no justification for 
distinguishing manufacturer recommendations from other manufacturer 
procedures. C-DAC determined that manufacturer recommendations were an 
appropriate means of ensuring the safe use of equipment, and OSHA 
agrees. Manufacturer recommendations, like procedures, specifications, 
prohibitions, etc., instruct the user how to use the equipment safely 
and in a manner most consistent with the equipment's design.
    Moreover, there is nothing novel in OSHA's reliance on manufacturer 
recommendations. A number of OSHA standards already require compliance 
with manufacturer recommendations. See, e.g., Sec.  1910.134, 
Respirator protection; Sec.  1910.184, Slings. As noted above, the 
former crane standard (in former Sec.  1926.550(a)) replaced by this 
final rule included a broad prohibition based solely on manufacturer 
recommendations: ``Attachments used with cranes shall not exceed the 
capacity, rating, or scope recommended by the manufacturer.'' Yet no 
court has invalidated an OSHA standard requiring compliance with 
manufacturer recommendations, even though several containing such 
language have been challenged. The commenters offer no new compelling 
legal arguments for why OSHA should delete provisions requiring 
compliance with manufacturer recommendations, and do not identify a 
meaningful distinction between a manufacturer's recommendation, 
procedure, instruction, or specification. Accordingly, OSHA is 
requiring compliance with manufacturer recommendations as proposed.
    Finally, with respect to the suggestion to permit alternate 
procedures provided they are ``consistent with'' manufacturers' 
procedures, the Agency concludes that amending this provision in that 
manner would be unacceptable because it would lead to uncertainty over 
what procedures are ``consistent with'' the manufacturers' recommended 
procedures. Therefore, this provision is promulgated as proposed.
Paragraph (b) Unavailable Operation Procedures
    Under paragraph (b)(1) of this section, in the event that the 
manufacturer procedures for operation are unavailable, the employer 
will be required to develop procedures necessary for the safe operation 
of the equipment and its attachments. The employer will also be 
required to ensure compliance with such procedures. ``Unavailable 
procedures'' is defined in Sec.  1926.1401 as procedures that are no 
longer available from the manufacturer, or have never been available 
from the manufacturer. For instance, procedures that are in the 
employer's possession but are not on the job site, would not be 
considered unavailable under Sec. Sec.  1926.1417(b) and 
1926.1441(c)(2), where the same term is used.
    An example of a situation where procedures might be unavailable is 
old equipment where the manufacturer is no longer in business. Even 
where the original manufacturer became part of another company that is 
still in business, in some cases the successor company no longer has 
the original manufacturers' procedures for that equipment. In such 
instances the employer will be required to develop and follow 
substitute procedures.
    Paragraphs (b)(2) and (b)(3) of this section specify qualifications 
criteria for those who develop two aspects of the substitute 
procedures. Under Sec.  1926.1417(b)(2), procedures for the operational 
controls will have to be developed by a qualified person. As defined in 
Sec.  1926.1401 of this standard, ``operational controls'' are levers, 
switches, pedals and other devices for controlling equipment operation. 
A qualified person has the requisite level of expertise to develop such 
procedures in light of both the complexity of the factors that must be 
considered and the nature of the operational controls.
    Under paragraph (b)(3), operational procedures related to equipment 
capacity would have to be developed and signed by a registered 
professional engineer familiar with the equipment. The type and 
complexity of engineering analysis that is needed to develop safe 
procedures related to capacity necessitates that this work be done by a 
registered professional engineer (RPE). In addition, because capacity 
is so critical to safe operation, a signature by the RPE is needed to 
ensure that this work is done with the requisite care. No comments were 
submitted on this

[[Page 47989]]

provision; therefore, it is promulgated as proposed.
Paragraph (c) Accessibility of Procedures
    Paragraph (c)(1) of this section requires employers to provide the 
operator with ready access in the cab to the procedures applicable to 
the operation of the equipment, including the following: Rated 
capacities (load charts), recommended operating speeds, special hazard 
warnings, and the instructions and operator's manual.
    For the purposes of this standard, ``special hazard warnings'' are 
warnings of site-specific hazards (for example, proximity of power 
lines). This term is defined in Sec.  1926.1401 to differentiate these 
site-specific warnings from all other general hazard warnings which are 
common to typical construction worksites.
    Previously, former Sec.  1926.550(a)(2) of subpart N required rated 
capacities, recommended operating speeds, and special hazard warnings 
to be posted on the equipment, and instructions and warnings to be 
visible at the operator's station. Unlike Sec.  1926.1417(c)(1) of this 
standard, it did not require the operator's manual to be accessible to 
the operator.
    OSHA concludes that the information in these materials, including 
the operator's manual, is essential for safe crane operation. C-DAC 
determined that this information is needed to help the operator avoid 
performing operations beyond a crane's capacity and recommended 
operating speed, and by increasing operator awareness of special 
hazards related to a specific piece of equipment. In addition, C-DAC 
determined that this information needs to be available to the equipment 
operator in the cab so that the operator can obtain the information as 
the need arises. If the information were not available in the cab, 
operations would have to be delayed for the operator to leave the cab 
and obtain the information elsewhere (or for someone else to obtain 
them and bring them to the operator). The prospect of such a delay 
would serve as a disincentive to obtaining the information and increase 
the chance that operations would proceed without it.
    A building industry trade association stated its belief that the 
cost of obtaining and maintaining manufacturers procedures applicable 
to operation of the equipment would be excessive, and stated that 
OSHA's contention that such costs would be ``modest'' was not supported 
by the rulemaking record. (ID-0214.1.) This commenter did not provide 
any substantiation for this claim. Based on the absence of this 
support, and on the absence of other comments raising a cost objection 
related to this requirement, OSHA concludes that the cost of obtaining 
and maintaining manufacturers' procedures for equipment operations is 
not generally viewed as significant, especially when weighed against 
the potential economic and human costs of a crane accident. Moreover, 
as noted below, the trend toward providing operating manuals and 
procedures via digital media and over the Internet is substantially 
lowering costs for acquiring and maintaining such information. 
Therefore, OSHA defers to C-DAC's experience and is promulgating this 
provision as proposed.
    It has become increasingly common for equipment to be supplied by 
manufacturers with load capacities in electronic form. Because of the 
potential for an electronic or other failure to occur that would make 
that information inaccessible, Sec.  1926.1417(c)(2) addresses a 
situation in which electronic or other failure makes such information 
unavailable. Under this paragraph, where load capacities are available 
in the cab only in electronic form and a failure makes the load 
capacities inaccessible, this paragraph requires that the operator 
immediately cease operations or follow safe shut-down procedures until 
the load capacities become available again (in electronic or other 
form). No comments were submitted on this provision; therefore it is 
promulgated as proposed.
Paragraph (d)
    This paragraph requires that operators refrain from engaging in any 
practice that would divert their attention while operating the crane. 
This includes the use of cell phones except when cell phones are used 
for signal communications. Operating a crane is a complex task that 
requires an operator's full attention to be performed safely. This 
paragraph addresses the risk that an accident can occur if the 
operator's full attention is not directed toward that task.
    During the hearing, a witness from a lumber trade association 
described the practice in which the operator controls an articulating 
boom crane with a forklift attachment via remote controls and then 
assists with the off-loading of the materials. (ID-0341.) He expressed 
concern that the operator's participation in the off-loading of the 
crane would violate Sec.  1926.1417(d)'s prohibition on ``any practice 
that diverts his/her attention while actually engaged in operating the 
crane.'' (ID-0341.) As a result, his company would need to use an 
additional person for the delivery, raising costs. (ID-0341.)
    Section 1926.1417(d) would not necessarily prohibit the activity 
that the witness described. If the operator uses the remote controls to 
position the articulating crane and lock it into position before off 
loading the materials, and does not simultaneously operate the controls 
and offload the materials, the operator would not be ``actually engaged 
in operating the crane'' at the same time as he is off-loading the 
crane. The operator would also not be considered to ``leave the 
equipment unattended'' so long as the operator has immediate access to 
the remote controls. See discussion of Sec.  1926.1417(e) below. No 
other comments were submitted on this provision; therefore it is 
promulgated as proposed.
Paragraph (e) Leaving Equipment Unattended
    Paragraph (e)(1) of this section specifies when the operator must 
be at the controls for safety-related reasons. These include making 
necessary adjustments to keep the load in a safe position, moving the 
load where necessary for reasons of safety (such as for the safety of 
employees working with or near the load), and responding to emergencies 
that may arise during lifting operations. Previously, under 29 CFR part 
1926, subpart N, the operator of a crawler, locomotive, or truck crane 
was prohibited from leaving the controls while a load is suspended.
    In the experience of C-DAC members, this requirement was routinely 
breached when the load is ``held suspended,'' that is, without need for 
adjustment of the load's or the equipment's position for an extended 
period. In such circumstances, the operator does not need to manipulate 
the controls for the period of time that the load is suspended and it 
was a common practice for the operator to leave the controls. To 
address this problem, C-DAC proposed that OSHA establish criteria that 
allow the operator to leave the controls when it is safe to do so 
rather than to simply continue the existing rule unchanged. (Note that 
the suspension of working gear, such as slings, spreader bars, ladders, 
and welding machines, is addressed separately in Sec.  
1926.1417(e)(2).)
    Several commenters from the materials delivery industry noted that 
various types of equipment in that industry can be operated by remote 
control and expressed concern that Sec.  1926.1417(e)(1) would prohibit 
the use of those remote controls and thereby require additional 
personnel to perform the same task. (ID-0184.1; -0206.1.) To

[[Page 47990]]

be clear, the new standard does not prohibit the use of remote 
controls. During the hearing on this rulemaking, a witness from a 
lumber trade association testified that the use of portable radio 
remote controls is common, and provided examples of operators with 
their remotes strapped around their waists or their shoulders. (ID-
0341; -0345.13.) He explained that the ``operator is physically located 
at the same location as the remote control and is therefore able to 
perform controlled operations as quickly as an operator who is seated 
at the top seat controls'' and ``can also be positioned to ensure that 
there's no obstructed view.'' (ID-0341.) Such use would not be 
prohibited. Where an operator takes the remote controls out of the cab, 
keeps the controls within reach in the same manner as if in the cab, 
and is able to use the remote controls to control the equipment as 
effectively as if in the cab, the operator has not left the controls 
within the meaning of Sec.  1926.1417(e). Therefore, the operator is 
not subject to the conditions of Sec. Sec.  1926.1417(e)(1)(i) through 
(iv).
    Section 1926.1417(e) requires that the operator not leave the 
controls while the load is suspended except when four conditions, 
outlined in Sec. Sec.  1926.1417(e)(1)(i) through (e)(1)(iv), are met. 
OSHA has revised the introductory text to make it clear that each one 
of the conditions in Sec. Sec.  1926.1417(e)(1)(i) through (e)(1)(iv) 
must be met for the operator to leave the controls.
    Paragraph (e)(1)(i) requires the operator to remain adjacent to the 
equipment and not engage in any other duties. This paragraph will not 
only prevent unauthorized use of the crane by persons who are not 
competent crane operators but also allow the operator to quickly access 
the controls in case the equipment or load inadvertently moves.
    Paragraph (e)(1)(ii) requires the load to be held suspended for a 
period of time exceeding normal lifting operations. As explained above, 
these are instances when the load is ``held suspended,'' that is, 
without need for adjustment of the load's or the equipment's position--
for an extended period. These are circumstances in which the operator 
will not need to manipulate the controls. Such circumstances must be 
for a period of time in excess of the periods that occur during normal 
lifting operations.
    For example, during the construction of a structure, a large 
subassembly is being attached to another part of the structure. After 
the subassembly has been initially connected, it is held suspended 
(that is, without need for adjustment of position) for support for 
several hours while the final connections are made. This period exceeds 
normal lifting operations. In this example, the criterion of Sec.  
1926.1417(e)(1)(ii) would be met.
    Another, contrasting example is the following: A steel structure is 
being erected. When installing the steel beams, the operator holds the 
beam suspended (typically for several minutes) while it is initially 
connected. Holding the beam suspended in such instances is a normal 
part of the steel erection process. In this example the criterion in 
Sec.  1926.1417(e)(1)(ii) would not be met and the operator cannot 
leave the controls.
    Paragraph (e)(1)(iii) requires the competent person to determine 
that it is safe for the operator to leave the controls and implement 
measures necessary to restrain the boom hoist and telescoping, load, 
swing, and outrigger functions. This provision addresses the hazard of 
inadvertent movement while the controls are unattended.
    Paragraph (e)(1)(iv) requires barricades or caution lines, and 
notices to be erected to prevent all employees from entering the fall 
zone. Furthermore, under this paragraph no employees would be permitted 
in the fall zone, including those listed in Sec. Sec.  1926.1425(b)(1) 
through (3), (d), or (e). This is necessary because the added margin of 
safety that results from the operator being at the controls would not 
be present in these circumstances.
    A labor representative recommended retention of the previous 
prohibition of leaving any unattended loads suspended because it 
believed that the four conditions for the exemption were unclear and 
unenforceable. (ID-0199.1.) Specifically, the commenter stated that (1) 
The term ``adjacent to the equipment'' needed to be further explained 
or quantified; (2) further guidance was needed to explain the meaning 
of the phrase ``a period of time exceeding normal operations;'' (3) the 
Agency needs to clarify that the equipment operator can be the 
``competent person'' referred to in this section; and (4) the proposed 
requirement to erect barriers or caution lines to prevent employees 
from entering fall zones are infeasible in many construction zones.
    Regarding the commenter's first two points, in light of the extreme 
variability of equipment types, loads lifted, and construction site 
conditions, OSHA determines it is not possible to use more precise 
language without making the rule underinclusive and/or overinclusive. 
Specifying a precise distance in lieu of saying ``adjacent to the 
equipment,'' and a precise time in lieu of ``a period of time exceeding 
normal operations,'' as the commenter suggests, would not be practical 
in light of the numerous variables that affect these distances and 
times on construction sites. OSHA also rejects the commenter's 
suggestion that the previous prohibition be retained if it is not 
possible to use more precise language. OSHA concludes that this is an 
area where employers can be afforded flexibility without detracting 
from safety, and that the limited conditions under which it is 
permissible to leave a suspended load unattended will accomplish this 
objective.
    Regarding the third point, the answer is ``yes,'' an equipment 
operator can be a ``competent person'' for purposes of this section if 
he or she meets the requirements of the Sec.  1926.1401 definition of 
that term. Finally, where conditions in a construction site exist that 
prevent erection of barriers or caution lines as prescribed by this 
section, Sec.  1926.1417(e) prohibits employers from using this 
exception to the general prohibition of leaving suspended loads 
unattended.
    Proposed paragraph (e)(2) stated that the provisions in paragraph 
(e) do not apply to working gear, which includes slings, spreader bars, 
ladders, and welding machines, where the load is not suspended over an 
entrance or exit.
    The Agency noted in the proposal that the reference to paragraph 
(e) was a drafting error and that the appropriate reference was to 
paragraph (e)(1). In addition, the provision as proposed contained two 
incidences of the word ``not'' which could lead to confusion. 
Therefore, the Agency noted in the proposal that it was considering 
changing the language to state that the provisions in Sec.  
1926.1417(e)(1) do not apply to working gear where the working gear is 
suspended over an area other than an entrance or exit.
    In the proposed rule, OSHA noted that it was common practice for 
employers to leave lightweight items suspended overnight to prevent 
theft and stated that this provision was only intended to apply to 
working gear whose weight was negligible relative to the capacity of 
the equipment. Four commenters believed that the proposed wording of 
Sec.  1926.1417(e)(2) was overly broad to accomplish this purpose 
because it did not limit the weight of the suspended working gear 
relative to the capacity of the equipment and could therefore allow a 
load that placed a significant strain on the equipment to be suspended 
overnight. (ID-0122.1; -0172.1; -0178.1; -0199.1.) OSHA agrees with 
these commenters that this

[[Page 47991]]

provision should be clarified and, in the final rule, has made explicit 
what was stated in the preamble to the proposed rule: that the 
provision only applies where the weight of the working gear is 
negligible relative to the lifting capacity of the equipment.
Paragraph (f) Tag-Out
Paragraph (f)(1) Tagging Out of Service Equipment/Functions
    Where the employer has taken the equipment out of service, this 
paragraph requires that the employer place a tag in the cab stating 
that the equipment is out of service and is not to be used. Where the 
equipment remains in service but the employer has taken a function out 
of service, this paragraph requires that the employer place a tag in a 
conspicuous position stating that that function is out of service and 
is not to be used. This paragraph is designed to prevent hazards 
associated with workers inadvertently attempting to use out-of-service 
equipment or a function that is out of service.
Paragraph (f)(2) Response to ``Do Not Operate''/Tag-Out Signs
    If there is a warning sign on the equipment or starting control, 
paragraph (f)(2)(i) of this section prohibits the operator from 
activating the switch or starting the equipment until the sign is 
removed by someone authorized to remove it or until the operator can 
verify that (A) no one is servicing, working on, or otherwise in a 
dangerous position on the machine, and (B) the equipment has been 
repaired and is working properly. Similarly, under Sec.  
1926.1417(f)(2)(ii), when there is a warning sign on any other switch 
or control, the operator will be prohibited from activating that switch 
or control until the sign has been removed by an individual authorized 
to remove it, or until the operator meets the two requirements of Sec.  
1926.1417(f)(2)(i), described above.
    These provisions will prevent two types of hazards. First, since 
the machine is out of service, there is a risk that an employee 
servicing, working on, or otherwise in a dangerous position on it is 
not expecting it to be activated and would be injured if it were 
activated. Second, if an employee does not know that the equipment is 
malfunctioning or has a function that is not working properly, an 
employee could inadvertently try to operate it with the result that the 
equipment will not work as intended, causing unintended movement or a 
collapse.
    Subpart N of the former rule addressed this issue through sec. 5-
3.1.3g of ANSI B30.5-1968, which states: ``If there is a warning sign 
on the switch or engine starting controls, the operator shall not close 
the switch or start the engine until the warning sign has been removed 
by the person placing it there.'' Instead of requiring that the sign be 
removed by the person who placed it, Sec.  1926.1417(f)(2) permits it 
to be removed by an authorized person and, as an alternative, permits 
the operator to start the equipment after verifying that no worker is 
in a dangerous area and that the equipment has been repaired and is 
working properly. OSHA concludes that either alternative would achieve 
the safety purpose of the tag-out because it would ensure that a 
knowledgeable and responsible person, either the operator or another 
authorized person, verifies that repairs are complete and all workers 
are in a safe position before the equipment can be started.
    As discussed above, the operator will be permitted to start 
equipment that is tagged out, or activate a tagged-out switch, only if 
the procedures specified in Sec.  1926.1417(f)(2)(i) are met. In 
reviewing this provision during the proposal stage, the Agency noted 
that these procedures were not as comprehensive as those in the general 
industry standard for the control of hazardous energy (lockout/tagout), 
which are listed in Sec. Sec.  1910.147(e)(3)(i) through (iii).\84\ The 
Agency requested public comment on whether procedures similar to those 
in Sec. Sec.  1910.147(e)(3)(i) through (iii) \85\ would be feasible 
and appropriate for cranes/derricks used in construction.
---------------------------------------------------------------------------

    \84\ Section 1910.147 is not applicable to construction (see 
Sec.  1910.147(a)(ii)(A)).
    \85\ These general industry provisions state:
    (i) Verification by the employer that the authorized employee 
who applied the device is not at the factory;
    (ii) Making all reasonable efforts to contact the authorized 
employee to inform him/her that his/her lockout or tagout device has 
been removed; and
    (iii) Ensuring that the authorized employee has this knowledge 
before he/she resumes work at that facility.
    Section 1910.147(e)(3)(i) through (iii).
---------------------------------------------------------------------------

    Two commenters opposed broadening the requirements along the lines 
of the requirements in Sec. Sec.  1910.147(e)(3)(i) through (iii), 
stating that the general industry standards were not appropriate for 
cranes and derricks used in construction. (ID-0205.1; -0213.1.) A third 
commenter believed that the Sec.  1910.147(e)(3) procedures were 
feasible and appropriate. (ID-0144.1.) A fourth commenter recommended 
that the tag-out requirements be upgraded to a lock-out requirement to 
provide greater worker protection. (ID-0199.1.) A fifth commenter 
agreed that a lock-out requirement would provide superior protection to 
the proposed tag-out proposal, but that locking out was not feasible on 
some equipment, especially older equipment. (ID-0187.1.) That commenter 
recommended that the requirement be upgraded to a lock-out requirement 
where feasible, but remain a tag out procedure where lock out was not 
feasible. Upon consideration of all these comments, OSHA concludes that 
the record does not clearly indicate that adding a lock-out requirement 
as suggested by the last two commenters is needed to ensure safety and, 
as the one commenter noted, would not be feasible on all equipment. 
Instead, the Agency concludes that the tag-out requirement in the 
proposed rule contains clear and concise restrictions on the conditions 
under which equipment can be brought back into service and will ensure 
that equipment is not started when employees are in a danger zone. 
Therefore, this section is promulgated as proposed.
Paragraph (g)
    This paragraph requires the operator to verify, before starting the 
engine, that all controls are in the proper starting position and that 
all personnel are in the clear. Requiring operators to check that all 
controls are in their proper starting positions will prevent unintended 
movement of the equipment when the engine is initially started. 
Similarly, requiring operators to ensure that all personnel are in the 
clear will prevent personnel from being injured in the event that some 
aspect of the equipment moves upon start-up. No comments were submitted 
on this paragraph; therefore it is promulgated as proposed.
Paragraph (h) Storm Warning
    When a local storm warning has been issued, this paragraph requires 
the competent person to determine whether it is necessary to implement 
manufacturer recommendations for securing the equipment. This provision 
was designed to prevent hazards that could arise from severe weather 
including inadvertent movement and crane collapse. High-speed winds in 
particular can affect both the crane and the load, reducing the rated 
capacity of the crane and affecting boom strength. No comments were 
submitted on this paragraph; therefore it is promulgated as proposed.
Paragraph (i) [Reserved.]
Paragraph (j)
    Under paragraph (j)(1) of this section, when the operator 
determines that an adjustment/repair is necessary, the

[[Page 47992]]

operator is required to promptly inform, in writing, the individual 
designated by the employer to receive such information, as well as the 
next operator in cases where there are successive shifts. OSHA revised 
the organization of the proposed provision for clarity. This 
reorganization involved removing the introductory sentence that 
operators be familiar with the equipment and its proper operation 
because this sentence merely described an enabling condition necessary 
for operators to identify any necessary repairs and adjustments.
    This paragraph addresses the need to identify problems that may 
develop with the equipment during operations. Early recognition of such 
problems by the operator will help prevent accidents that could result 
from continued operation of equipment that needs adjustment and/or 
repair. In the Committee's experience, operators who are familiar with 
the equipment and its proper operation can recognize such equipment 
anomalies and problems. By requiring that information about needed 
adjustments and/or repairs be provided to the individual designated by 
the employer to receive it, this paragraph will facilitate the 
correction of those problems.
    The rule does not specify any particular job title for the person 
to whom the operator would be required to provide this information 
because different employers may assign the responsibility of receiving 
such information to different job classifications.
    Providing this information to the next operator in cases where 
there are successive shifts (that is, shifts that have no break between 
them) will ensure that the next operator is aware of this information 
and will be able to take appropriate action.
    One commenter recommended that the information be transmitted in 
written form. (ID-0132.1.) OSHA agrees with this comment primarily 
because written information would be more easily passed on between 
shifts. OSHA has, therefore, revised Sec.  1926.1417(j) to specify that 
the notification of necessary adjustments or repairs must be in 
writing.
    Additionally, OSHA added Sec.  1926.1417(j)(2) to require employers 
to notify, at the beginning of each shift, all affected employees of 
any necessary adjustments or repairs. This requirement will allow all 
employees affected by the operation of the equipment to be notified of 
any outstanding repairs or adjustments, and provides them with 
information about alternative measures implemented by the employer. 
Affected employees are any employees exposed to equipment-related 
hazards; such employees include, but are not limited to, any employee 
in the fall zone of the load, signal persons, riggers, operators, load 
handlers, and lift directors. OSHA concludes that this provision is 
necessary to allow employees to adjust their work practices following 
implementation of the alternative measures.
    The Agency finds this modification to be consistent with the 
requirements throughout this subpart with respect to sharing 
information about equipment-related hazards. This added provision 
merely requires employers to take the information acquired under Sec.  
1926.1417(j)(1) and distribute it to affected employees. Employers may 
distribute this information by any effective means available.
Paragraph (k)
    This paragraph prohibits safety devices and operational aids from 
being used as a substitute for the exercise of professional judgment by 
the operator. Such devices and aids do not displace the need for 
operators to apply their professional judgment because the devices and 
aids can malfunction and lead to the types of safety hazards they are 
designed to prevent. No comments were submitted on this paragraph; 
therefore it is promulgated as proposed.
Paragraph (l) [Reserved.]
Paragraph (m)
    If the competent person determines that there is a slack rope 
condition requiring re-spooling of the rope, this paragraph requires 
that before starting the lift, it must be verified that the rope is 
seated on the drum and in the sheaves as the slack is removed. This 
will prevent a loose coil of rope from becoming cross-coiled on the 
drum, a portion of the rope coming off the drum altogether, or the rope 
being pulled alongside (instead of seating in) a sheave. Each of these 
conditions can lead to sudden failure of the rope. No comments were 
submitted on this paragraph; therefore it is promulgated as proposed.
Paragraph (n)
    This paragraph requires the competent person to adjust the 
equipment and/or operations to address the hazards posed by wind, ice 
and snow on equipment capacity and stability. In the proposed rule, the 
person would have been required to ``consider the effect'' of those 
elements, but OSHA is clarifying in the final rule that the competent 
person must actually take steps such as re-calculating a lower load 
capacity, stabilizing the equipment, or even postponing a lift. Wind 
can reduce capacity by imposing loads on the equipment, which can also 
reduce stability. Ice and snow can also reduce capacity and stability 
when it accumulates on the equipment. There are numerous variables 
involved in determining the effects of wind, ice and snow in any 
particular circumstance, (for example, the extent to which the crane is 
operating below its rated capacity, the sail effect presented by the 
load, the rate at which ice or snow is accumulating, and whether the 
snow is wet or light). No comments were submitted on this paragraph; 
therefore it is promulgated as proposed with the one change noted 
above.
Paragraph (o) Compliance With Rated Capacity
    Section 1926.1417(o)(1) requires employers to ensure that equipment 
is not operated beyond its rated capacity. Overloading a crane or 
derrick can cause it to collapse, with potentially catastrophic 
consequences. This basic safeguard has long been recognized in the 
industry as crucial and is designed to prevent such accidents. (See 
additional discussion at 73 FR 59792, Oct. 9, 2008).
    Section 1926.1417(o)(2) requires employers to ensure that operators 
are not required to operate the equipment in a manner that would exceed 
its rated capacity, in violation of Sec.  1926.1417(o)(1) above. This 
provision reinforces the general prohibition of Sec.  1926.1417(o)(1) 
by making it a separate violation for an employer to expressly require 
an operator to exceed the equipment's rated capacity. It is designed to 
avoid a situation where an employer pressures an operator to conduct a 
lift that exceeds the equipment's rated capacity to avoid the time and 
expense associated with bringing in larger capacity equipment.\86\
---------------------------------------------------------------------------

    \86\ In some instances the overcapacity problem can be avoided 
by repositioning the crane (for example, by moving the crane so that 
the lift can be performed at a higher boom angle). However, even in 
those instances some time (and associated expense) is involved.
---------------------------------------------------------------------------

    In the experience of C-DAC members, employers sometimes will 
attempt to lift loads that exceed a crane's rated capacity in the 
belief that the rated capacity is sufficiently conservative to perform 
the lift. In some such cases, the employer assumes that a safety factor 
is built into the capacity rating and that the crane actually has a 
higher capacity than its rating. In the C-DAC discussions of this 
issue, members explained that while equipment capacity ratings are 
developed with

[[Page 47993]]

consideration of a safety factor, that safety factor is not intended by 
the manufacturer to be treated as excess capacity. There are numerous, 
complex considerations used by manufacturers in setting the capacity 
rating. Employers cannot safely assume that, in any particular 
situation, they will not need the benefits conferred by the safety 
factor.
    There continue to be a significant number of injuries and 
fatalities resulting from equipment overturning. Although it has long 
been a requirement not to exceed the equipment's rated capacity, a 
significant number of overturning incidents are caused by exceeding 
rated capacity. A study of fatal accidents involving cranes in the U.S. 
construction industry for 1984-1994, based on investigations of 
reported accidents conducted by OSHA and states with OSHA-approved 
safety and health programs, showed that 22 deaths resulted from 
overloaded cranes. A. Suruda, M. Egger, & D. Liu, ``Crane-Related 
Deaths in the U.S. Construction Industry, 1984-94,'' p. 12, Table 9, 
The Center to Protect Workers' Rights (Oct. 1997). (ID-0013.) By 
stressing the need both to comply with the rated capacity and to 
separately preclude employers from requiring operators to exceed the 
rated capacity, paragraphs (o)(1) and (o)(2) should prevent this type 
of accident. No comments were received on these paragraphs, and they 
are promulgated as proposed.
    Another cause of injuries and fatalities from overturning equipment 
is the use of unreliable information on load weight. OSHA concludes 
that one of the ways these incidents can be reduced is to require that 
load weight be verified by a reliable means.
    Under Sec.  1926.1417(o)(3), Load weight, the operator is required 
to verify that the load is within the rated capacity of the equipment 
by using the procedures in either Sec.  1926.1417(o)(3)(i) or (ii). 
Under Sec.  1926.1417(o)(3)(i), the weight of the load must be 
determined in one of three ways: from a source recognized by the 
industry, by a calculation method recognized by the industry, or by 
other equally reliable means. An example of verifying the load weight 
from a source recognized by the industry would be where the load is 
mechanical equipment and the weight is obtained from its manufacturer. 
The proposed rule had provided for the weight of the load to be based 
on a ``reliable source.'' To avoid the potentially subjective 
interpretations of ``reliable,'' OSHA is instead requiring in the final 
rule that the measurements be from a source typically relied on in the 
industry.
    An example of a calculation method recognized by the industry would 
be the following: The load is a steel I-beam. After measuring the 
thickness of the steel and the I-beam's other dimensions, the operator 
uses an industry table that shows weight per linear foot for a beam of 
these dimensions. The operator then calculates the beam's weight using 
that information. In the proposed rule calculations would be based on a 
``reliable source.'' To avoid the potentially subjective 
interpretations of ``reliable,'' OSHA is instead requiring in the final 
rule that the calculations be based on a source typically relied on in 
the industry.
    If the weight of the load is determined under Sec.  
1926.1417(o)(3)(i), the information about how the load weight was 
determined must be provided to the operator, prior to the lift, upon 
the operator's request. This provision is included to help ensure that 
the operator has the information necessary to verify that the load is 
within the rated capacity of the equipment.
    One commenter suggested that this section be amended to 
specifically include as a reliable source the personal experience of 
the operator with loads of similar size and materials. (ID-0232.1.) 
OSHA rejects that suggestion because it is not convinced by any 
evidence in the record that all operators, regardless of whether the 
operator is experienced or has been on the job for a few weeks, are 
capable of producing an accurate, reliable estimate of the load 
weights. For example, an operator may have recently lifted precast 
concrete sections that, based on date provided by the manufacturer, 
weighed 5 tons each. The operator may be called upon to lift other 
precast concrete sections of unknown weight that are actually 10% 
heavier than those lifted earlier. It is unlikely that the heavier 
sections would be significantly different in appearance than those that 
weigh 10% less, and the operator may mistakenly underestimate the 
weight of the sections if permitted to estimate load weight based on 
his or her personal experience with loads of similar size.
    Paragraph (o)(3)(ii) establishes an alternative procedure that does 
not require the employer to determine the actual weight of the load 
under certain circumstances. Under paragraph (o)(3)(ii), the operator 
would have to begin hoisting the load to determine if it exceeds 75 
percent of the maximum rated capacity at the longest radius that will 
be used during the lift operation, using a load weighing device, load 
moment indicator, rated capacity indicator, or rated capacity limiter. 
If the load does not exceed 75 percent of the maximum rated capacity, 
the lift can be conducted without determining the weight of the load. 
This verification procedure \87\ incorporates a sufficient margin of 
error and would be adequate to ensure that the crane's rated capacity 
will not be exceeded. If, however, the load does exceed 75 percent of 
the maximum rated capacity, then the operator may not proceed with the 
lift until he/she verifies the weight of the load in accordance with 
Sec.  1926.1417(o)(3)(i). No comments were received on this paragraph, 
and it is promulgated without change from the proposed rule.
---------------------------------------------------------------------------

    \87\ The operator would still be required to use his or her 
professional judgment in determining whether the load exceeds the 
capacity of the equipment. As discussed above, proposed Sec.  
1926.1417 (k) would prohibit sole reliance by the operator on an 
operational aid, such as a load weight device, for ensuring that the 
equipment's capacity will not be exceeded. The procedure in proposed 
Sec.  1926.1417(o)(3)(ii) is a verification procedure--it would 
verify that the operator's estimate is at least correct in terms of 
not exceeding 75% of the equipment's rated capacity (at the longest 
radius that will be used). If, for example, the load weight device 
yields a figure that is significantly below what the operator 
estimates to be the true weight, the operator would need to reliably 
determine the weight of the load before proceeding with the lift.
---------------------------------------------------------------------------

Paragraph (p)
    This paragraph requires that the boom or other parts of the 
equipment not contact any obstruction. No comments were submitted on 
this paragraph, and it is promulgated as proposed.
Paragraph (q)
    This paragraph requires that the equipment not be used to drag or 
pull loads sideways. This is to prevent the sideloading that occurs 
when a load is dragged or pulled sideways. Sideloading can buckle the 
boom, damage the swing mechanism, or overturn the crane (such as when 
the boom is at a high angle). No comments were submitted on this 
paragraph, and it is promulgated as proposed.
Paragraph (r)
    Paragraph (r) of this section applies to wheel-mounted equipment 
and requires that no loads be lifted over the front area, except as 
permitted by the manufacturer. Wheel-mounted equipment typically is not 
designed to lift loads over the front area. Equipment that is not so 
designed will likely tip over or otherwise fail when lifting loads over 
the front area. If the equipment is specifically designed for loads to 
be lifted over the front area (such as where equipped with a front 
outrigger for support and stabilization for this purpose), the operator 
must follow the

[[Page 47994]]

manufacturer's procedures for doing so. No comments were submitted on 
this paragraph; it is therefore promulgated as proposed.
Paragraph (s)
    Each time an operator handles a load that is 90% or more of the 
maximum line pull, Sec.  1926.1417(s) requires the operator to test the 
brakes by lifting the load a few inches and applying the brakes. In 
duty cycle and repetitive lifts where each lift is 90% or more of the 
maximum line pull, this requirement applies to the first but not to 
successive lifts, because the operator would have already determined 
from the initial test that the brakes are sufficient. The brake test 
required by this paragraph is designed to ensure that the brakes are 
sufficient to handle loads close to their design capacity before 
lifting the load high off the ground. No comments were submitted on 
this paragraph, and it is promulgated as proposed.
Paragraph (t)
    This paragraph requires that neither the load nor the boom be 
lowered below the point where less than two full wraps of rope remain 
on their respective drums. This provision is designed to ensure that 
the rope is not unspooled to the point where the rope would become 
disconnected from the drum. No comments were submitted on this 
provision, and it is promulgated as proposed.
Paragraph (u) Traveling With a Load
    Paragraph (u)(1) of this section prohibits traveling with a load if 
the practice is prohibited by the manufacturer. If the manufacturer 
does not prohibit this practice, the equipment may travel with a load, 
but only if the requirements of paragraph (u)(2) are met. Paragraph 
(u)(2) of this section sets forth three procedures that employers would 
have to follow when traveling with a load: a competent person must 
supervise the operation; the determinations of the competent person 
must be implemented; and for equipment with tires, the tire pressure 
specified by the manufacturer must be maintained.
    During discussions of this issue, C-DAC members noted the dynamic 
effects of traveling with a load impose additional and/or increased 
forces on crane components. Unless the crane has been designed to 
handle these types of forces and force levels, they can cause component 
failure, collapse, instability or overturning. The Committee concluded 
that the manufacturer has the expertise to ascertain its equipment's 
capabilities. Therefore, the Committee recommended that where the 
manufacturer has prohibited traveling with the load, the operator must 
comply with such a determination to ensure safety. (For additional 
explanation, see 73 FR 59794, Oct. 9, 2008.) No comments were submitted 
on these provisions and they are promulgated as proposed.
Paragraph (v)
    This paragraph requires that rotational speed of the equipment be 
such that the load does not swing out beyond the radius at which it can 
be controlled. Like paragraph (q) of this section, discussed above, 
this provision is designed to prevent the hazard of sideloading, which 
occurs when the load swings to either side of the boom tip, rather than 
its appropriate position directly beneath the boom tip. When the load 
is not directly under the boom tip, sideloading occurs and decreases 
capacity. This hazard can lead to tip-over or boom failure. No comments 
were submitted on this paragraph, and it is promulgated as proposed.
Paragraph (w)
    This paragraph requires that a tag or restraint line be used if 
necessary to prevent the load from rotating if that would be hazardous. 
No comments were submitted on this paragraph, and it is promulgated as 
proposed.
Paragraph (x)
    This paragraph requires that the brakes be adjusted in accordance 
with manufacturer procedures to prevent unintended movement. This 
requirement applies to all brakes on equipment covered by this 
standard, including brakes used to control the lowering of the load and 
those used to stop the equipment while it is traveling. C-DAC noted 
that improper adjustment can cause a delay in the onset of braking 
after the operator attempts to activate the brake and can also diminish 
the brake's capacity. Brakes are critical to the safe operation of the 
equipment and must be properly adjusted to serve their safety function. 
(See additional explanation at 73 FR 59795, Oct. 9, 2008.) No comments 
were submitted on this paragraph; it is promulgated as proposed.
Paragraph (y)
    This paragraph requires that the operator obey a stop or emergency 
stop signal, regardless of who gives the signal. Any person on a 
worksite may observe a hazardous condition that is not visible to or 
recognized by the crane operator and that can only be avoided if the 
equipment stops immediately, so it is imperative that the operator 
respond immediately to any such signal by anyone. No comments were 
submitted on this paragraph; it is promulgated as proposed.
Paragraph (z) Swinging Locomotive Cranes
    Pursuant to this paragraph, a locomotive crane must not be swung 
into a position where railway cars on an adjacent track could strike 
it, until it is determined that cars are not being moved on the 
adjacent track and that proper flag protection has been established. 
The Agency is including this paragraph to prevent contact between the 
locomotive cranes and railway cars, and notes comparable requirements 
in Sec.  1910.180(i)(6) and sec. 5-3.4.4 of ANSI B30.5-1968. No 
comments were submitted on this paragraph, and it is promulgated with 
only one modification. The proposed rule incorporated an additional 
determination of whether it would be ``reasonably foreseeable'' that 
other railway cars on an adjacent track could strike the locomotive 
crane. OSHA concludes that when a locomotive crane swings into a 
position where it is physically possible for a railway car on an 
adjacent track to strike it, a hazard is present and the additional 
language would serve only to generate confusion about the appropriate 
response to that hazard. The concepts of reasonableness and 
forseeability are typically raised during legal processes and would be 
factored into those processes in accordance with law.
Paragraph (aa) Counterweight/Ballast
    Section 1926.1417(aa)(1) contains counterweight/ballast 
requirements that apply to equipment other than tower cranes and are 
intended to prevent unintended movement, tipover, and collapse. As 
noted in Sec.  1926.1417(aa)(2), requirements regarding counterweight/
ballast for tower cranes are found in Sec.  1926.1435(b)(8).
    Section 1926.1417(aa)(1)(i) requires that equipment not be operated 
without the counterweight or ballast in place as specified by the 
manufacturer.
    Section 1926.1417(aa)(1)(ii) prohibits the employer from exceeding 
the maximum counterweight or ballast specified by the manufacturer for 
the equipment. Exceeding that maximum could result in component 
failure, which could cause unintended movement, tipover or collapse. No 
comments were submitted on this provision, and it is promulgated as 
proposed.

[[Page 47995]]

Section 1926.1418 Authority To Stop Operation
    This section provides that whenever there is a concern as to 
safety, the operator has the authority to stop and refuse to handle 
loads until a qualified person has determined that safety has been 
assured. Section 1926.1401 defines ``qualified person'' as a person 
who, by possession of a recognized degree, certificate, or professional 
standing, or who by extensive knowledge, training and experience, 
successfully demonstrated the ability to solve/resolve problems 
relating to the subject matter, the work, or the project.
    Section 1926.1418 continues the long-standing requirements under 
subpart N and current consensus standards. (See former Sec.  
1926.550(b)(2), incorporating by reference ANSI B30.5-1968, sec. 5-
3.1.3(d).\88\) As discussed in the proposed rule preamble, a capable 
equipment operator is highly knowledgeable in matters affecting 
equipment safety and is well qualified to determine whether an 
operation presents a safety concern (see 73 FR 59795-59796, Oct. 9, 
2008). Under the provision, operations would be prohibited from 
resuming ``until a qualified person had determined that safety has been 
assured,'' meaning that operations could resume only after the 
qualified person either: (1) assesses the factors that led the operator 
to stop and refuse to handle the load and determines that there is not, 
in fact, a safety hazard, or (2) after corrective action has been 
taken, determines that there is no longer a safety hazard.
---------------------------------------------------------------------------

    \88\ Current consensus standards specify that an operator with a 
safety concern must raise that concern with a supervisor before 
proceeding with a lift. See sec. 5-3.1.3(d) of ASME B30.5-2004, 
``Mobile and Locomotive Cranes,'' sec. 2-3.1.7 of ASME B30.2-2001, 
``Overhead and Gantry Cranes,'' sec. 3-3.1.3(d) of ASME B30.3-1996, 
``Construction Tower Cranes,'' sec. 6-3.2.3 of ASME B30.6-2003, 
``Derricks,'' and other standards in the ASME B30 series.
---------------------------------------------------------------------------

    One commenter argued that OSHA lacks the authority to promulgate 
Sec.  1926.1418.\89\ (ID-0232.1.) First, the commenter contended that 
the provision exceeds the Agency's standards-setting authority under 
sec. 3(8) of the OSH Act. Second, it expresses concern that Sec.  
1926.1418 circumvents the limitations on OSHA's ability to grant 
employees (i.e., crane operators) stop-work authority. In support of 
its position, the commenter cited the U.S. Supreme Court opinions in 
Industrial Union Dep't, AFL-CIO v. American Petroleum Institute \90\ 
and Whirlpool Corp. v. Marshall \91\.
---------------------------------------------------------------------------

    \89\ The commenter nominated a C-DAC member who did not dissent 
on this section of the standard. The commenter has not explained why 
it has changed its position from the one taken by their C-DAC member 
during negotiations. In light of the unexplained inconsistency of 
its position, the Agency accords diminished weight to the 
commenter's comment and is hesitant to rely on it to undermine the 
product of the negotiation.
    \90\ 448 U.S. 607 (1980).
    \91\ 445 U.S. 1 (1980).
---------------------------------------------------------------------------

    OSHA disagrees with the commenter's contention that OSHA lacks the 
authority to promulgate Sec.  1926.1418. Under sec. 3(8) of the OSH Act 
and applicable case law,\92\ the Agency has broad authority to 
promulgate standards that are reasonably necessary or appropriate to 
provide safe or healthful places of employment. In Whirlpool Corp., the 
U.S. Supreme Court stated that the Act ``does not wait for an employee 
to die or become injured.'' \93\ Section 1926.1418 is an essential 
mechanism for preventing fatalities and injuries. It enables the person 
who has the expertise to recognize a safety concern and is best 
positioned to act quickly to do so where such a concern arises.\94\
---------------------------------------------------------------------------

    \92\ E.g., Indus. Union Dep't, AFL-CIO, 448 U.S. at 611-12.
    \93\ 445 U.S. at 12.
    \94\ As stated above, current consensus standards manifest the 
industry's recognition of the necessity for a crane operator to have 
such authority. In concert with Sec.  1926.1400(f), Sec.  1926.1418 
requires the employer to authorize its crane operator to halt 
operations upon a safety concern until a qualified person determines 
that safety has been assured.
---------------------------------------------------------------------------

    OSHA also disagrees with the commenter's contention that Sec.  
1926.1418 impermissibly grants stop-work authority, as well as a 
different commenter who asserted that the wording of the provision is 
too vague and could lead to an abuse of the operator's authority. Both 
commenters suggested that OSHA limit the operator's authority to 
specific reasons involving a potential violation of a requirement in 
subpart CC. (ID-0218.1; 0232.1.)
    The provision does not authorize an operator to stop operations for 
reasons unrelated to a good faith belief that there may be a safety 
problem. In this respect the provision is similar to other provisions 
in the standard (and elsewhere in 29 CFR part 1926) in which an 
employer is required to have a person in a specialized role perform 
specific tasks involving the application of expertise (e.g., competent 
and qualified persons performing inspections under Sec.  1926.1412). In 
each case compliance with the standard is predicated on the good faith 
application of that expertise.\95\
---------------------------------------------------------------------------

    \95\ Two organizations that nominated C-DAC members reminded the 
Agency in their comments that OSHA had committed during the C-DAC 
negotiations to include a discussion in the preamble regarding this 
principle of good faith. (ID-0205.1; -213.1.) The Agency believes 
that the foregoing paragraph satisfies that agreement.
---------------------------------------------------------------------------

    C-DAC thoroughly discussed the wording of this provision, mindful 
of the need for both clarity and sufficient flexibility to enable the 
operator to address myriad circumstances. The Committee's wording 
strikes an appropriate balance. The word ``concern'' refers to a good 
faith belief that safety may be in jeopardy. The word ``assured'' means 
that the qualified person has assessed whatever triggered the crane 
operator's belief that there was a concern as to safety and either: (1) 
Determines that there is not, in fact, a safety hazard, or (2) after 
corrective action is taken, determines that there is no longer a safety 
hazard.
    OSHA disagrees with the commenter's suggestion to link the 
authority to a violation of subpart CC. While C-DAC and the Agency have 
made every effort to address the hazards associated with crane and 
derrick operation, there may be circumstances that present hazards that 
have not been anticipated here.
    In addition, a particular situation may not be immediately 
recognized as falling within one of subpart CC's provisions. An 
operator's uncertainty in that regard could lead him/her to hesitate to 
exercise the authority even where it needs to be applied. Also, the 
determination by a qualified person to proceed with operations needs to 
be based on whether safety is assured, not on the resolution of a 
debate about whether the operator's concern fits within a provision of 
this standard.
    Another commenter expressed the following concerns: ``qualified 
person'' should be better defined; the qualified person would feel 
undue pressure from the controlling entity or crane employer to find 
that safety had been assured, and that the qualified person's scope of 
responsibility once operations resume is unclear. (ID-0218.1.)
    As explained in the preamble to the proposed rule, the definition 
of ``qualified person'' in Sec.  1926.1401 corresponds to the 
definition of ``qualified'' in Sec.  1926.32(m) and reflects the fact 
that the duties assigned to ``qualified persons'' here are similar to 
those assigned under other construction standards. The Committee 
intentionally used the same definition to make it clear that employers 
could rely on their current understanding of ``qualified person.'' OSHA 
sees no reason to deviate from that definition where the commenter did 
not explain how it viewed the definition as vague or provide 
alternative language.

[[Page 47996]]

    With respect to the issue of undue pressure on the qualified 
person, C-DAC shared the commenter's concern; the Committee identified 
pressure placed by some employers on operators to proceed with unsafe 
lifts as a significant problem in the industry. This led C-DAC, for 
example, to include the specific prohibition in Sec.  1926.1417(o)(2) 
against requiring an operator to operate the equipment in excess of its 
rated capacity (see the discussion of Sec.  1926.1417(o)(2) in 73 FR 
59792-59793, Oct. 9, 2008). The commenter did not suggest, and OSHA is 
not aware of, any additional measures that could be included in the 
standard to help prevent the application of that type of pressure.
    As to the commenter's final point, after a crane operator stops and 
refuses to proceed with operations due to a concern as to safety, the 
qualified person would then assess the situation and determine whether 
or when safety has been assured. At that point, the qualified person's 
responsibilities under Sec.  1926.1418 would be completed unless and 
until the crane operator identifies another concern as to safety. The 
Agency, therefore, is promulgating this provision as proposed.
Sections 1926.1419 Through 1926.1422 Signals
    Sections 1926.1419 through 1926.1422 address the circumstances 
under which a signal person must be provided, the type of signals to be 
used, criteria for how signals are transmitted, and other criteria 
associated with the use of signals.
    OSHA has decided to replace the term ``lift supervisor'' with the 
term ``lift director'' in Sec. Sec.  1926.1419(c)(2), 1926.1421(a), and 
1926.1421(c). This decision was made to be consistent with the similar 
change from ``A/D supervisor'' to ``A/D director'' in Sec.  
1926.1404(a). For an explanation of the change, see the discussion of 
Sec.  1926.1404(a).
Section 1926.1419 Signals--General Requirements
    This section sets requirements regarding signals when using 
equipment covered by this standard. C-DAC determined that addressing 
these issues is one of the means by which the number of injuries and 
fatalities caused by ``struck-by'' incidents, in which the equipment or 
load strikes an employee, can be reduced.
Paragraph (a)
    Paragraphs (a)(1) through (a)(3) of this section address the 
circumstances that require the use of a signal person: (1) When the 
point of operation, meaning the load travel path or the area near or at 
load placement, is not in full view of the operator (Sec.  
1926.1419(a)(1)); (2) when the equipment is traveling and the 
operator's view in the direction of travel is obstructed (Sec.  
1926.1419(a)(2)); and (3) when, due to site specific safety concerns, 
either the operator or the person handling the load determines it is 
necessary (Sec.  1926.1419(a)(3)). The first two of these circumstances 
involve an obvious hazard--limited operator visibility. With respect to 
the third circumstance, C-DAC determined that other situations arise 
that, from a safety standpoint, necessitate the use of a signal person 
(see examples in the preamble to the proposed rule at 73 FR 59796, Oct. 
9, 2008).
    One commenter, representing the interests of the material delivery 
industry, suggested that Sec.  1926.1419(a) be changed to specify that, 
if a signal person is needed at the site due to the obstructed view of 
the operator when delivering building materials, then the construction 
site customer (not the material delivery employer) would be responsible 
for providing the signal person. (ID-0184.1.) OSHA concludes that the 
question of whether the material delivery employer or the construction 
site customer should bear the cost of providing the signal person when 
required is an economic issue that is most appropriately left to the 
parties to resolve.
    During the public hearing, a labor representative stated that his 
organization believes that a signal person is always necessary when 
working with cranes. (ID-0343.) Two commenters representing the 
materials delivery industry disagreed (ID-0184.1; -0218.1.)
    OSHA has decided to defer to the expertise of the Committee, which 
found that a signal person should only be required in the three 
circumstances listed in Sec.  1926.1419(a). Moreover, OSHA notes the 
requirement in Sec.  1926.1419(a)(3), which provides that a signal 
person must be provided if the crane operator or person handling the 
load determines a signal person is necessary due to site specific 
safety concerns. This provision, in particular, ensures that a signal 
person will be required when necessary.
    One commenter asked for clarification on the meaning of ``full view 
of the operator'' in Sec.  1926.1419(a)(1). (ID-292.1.) In particular, 
the commenter asked whether mirror or camera systems would meet this 
requirement. Another commenter suggested adding language allowing the 
use of boom mounted video cameras for blind lifts. (ID-0120.0.)
    A live video system that provides a full view to the crane 
operator--i.e., provides a sufficiently broad, clear and detailed view 
to enable the operator to see all that is needed to operate the 
equipment safely--would meet the ``full view of the operator'' 
requirement. Mirrors, on the other hand, typically distort images or 
distances and thus would not normally be sufficient to provide a ``full 
view.''
    The sufficiency of any system will depend on the particular needs 
posed by each situation. For this reason, OSHA has decided to rely on 
C-DAC's clear and succinct phrase, ``full view of the operator,'' 
rather than to attempt to further define that concept or to list 
acceptable devices in the regulatory text.
Paragraph (b) Types of Signals
    As explained in the proposed rule preamble, under paragraph (b) of 
this section, signals to crane operators would have to be by hand, 
voice, audible, or ``new'' signals (see 73 FR 59796-59797, Oct. 9, 
2008). As used in this standard, these terms refer to the type of 
signal, not the means by which the signal is transmitted. For example, 
signaling by voice refers to oral communication, not whether the oral 
communication is done with or without amplification or with or without 
electronic transmission. The manner of transmission of the signal is 
addressed separately. No comments were received on this paragraph; it 
is promulgated as proposed.
    The criteria for the use of these signal types are set out in 
Sec. Sec.  1926.1419(c)-(m) (additional voice signal requirements are 
in Sec.  1926.1421, Signals--voice signals--additional requirements). 
The Committee's intent was to reduce the potential for 
miscommunication, which can lead to injuries and fatalities, 
particularly from ``struck-by'' and ``crushed-by'' incidents. In 
setting parameters for the use of the various types of existing signal 
methods, and for signal methods that may be developed in the future, 
the Committee sought to promote a degree of standardization while still 
allowing appropriate flexibility. In addition, the provisions are 
designed to ensure that the selection of signal type and means of 
sending the signals are appropriate under the circumstances and 
reliable.
Paragraph (c) Hand Signals
    Paragraph (c) of this section addresses the use of hand signals. 
The industry has long recognized the need for consistent, universal 
hand signals to

[[Page 47997]]

minimize the potential for miscommunication between signal persons and 
operators. ANSI B30.5-1968, ``Crawler, Locomotive and Truck Cranes,'' 
contains illustrations of hand signals that are the same as the current 
2004 edition of ASME B30.5 and that are consistent with hand signals 
for other types of cranes in ASME B30 standards. The same hand signals 
have been expressed in similar charts published by a variety of other 
groups. (See, e.g., Construction Safety Association of Ontario, MIOSHA, 
MSHA.)
    Because of the industry's long familiarity with these standard hand 
signals, C-DAC determined that, when using hand signals, the 
standardized version of the signals should continue to be required. 
These signals, which are located in Appendix A, are referred to as the 
``Standard Method,'' and this term is defined in Sec.  1926.1401 as 
``the protocol in Appendix A for hand signals.'' However, the Committee 
recognized that there are instances when use of the Standard Method is 
either infeasible or where there is no Standard Method signal 
applicable to the work being done.
    In such instances, under this paragraph, non-standard signals may 
be used. To avoid confusion when non-standard signals are used, 
proposed Sec.  1926.1419(c)(2) requires that the signal person, crane 
operator, and lift director (where there is one) meet prior to the 
operation to agree upon the signals that will be used.
    At the public hearing, one witness commented that the use of non-
standard hand signals should not be allowed because it would 
unnecessarily confuse contractors and utility workers, and because 
standard signals are already used in the industry. (ID-345.17.) OSHA 
defers to the expertise of the Committee, which found that a non-
standard signal may be needed on occasion (see 73 FR 59797, Oct. 9, 
2008, in which the Agency described examples of such situations). 
Additionally, it should be noted that Sec.  1926.1419(c) requires the 
use of Standard Method hand signals and permits an exception only where 
the Standard Method signals are infeasible or where there is no 
Standard Method signal for the particular attachment.
    One commenter pointed out that there are currently no hand signals 
specific to articulating cranes and asked which signals OSHA intended 
to be used with articulating cranes. (ID-0206.1.) The record contains 
no information on the extent to which hand signals for articulating 
cranes may differ from those used for other cranes. If the use of 
Standard Method hand signals is either infeasible for articulating 
cranes, or if the use or operation of an attachment is not covered by 
the Standard Method, then the exception in Sec.  1926.1419(c)(1) and 
the requirements for non-standard hand signals in Sec.  1926.1419(c)(2) 
would apply.
    OSHA is only making two changes, neither of which is substantive, 
from Sec.  1926.1419(c) as proposed. The first is a grammatical 
correction, and the second merely removes the superfluous direction 
that ``[t]he following requirements apply to the use of non-standard 
hand signals,'' which is already clear from the text of Sec.  
1926.1419(c)(2).
Paragraph (d) New Signals
    Paragraph (d) of this section allows signals other than hand, 
voice, or audible signals to be used if certain criteria are met. As 
explained in the discussion of Sec.  1926.1419(b) in the preamble to 
the proposed rule, C-DAC included Sec.  1926.1419(d) to allow for the 
development of new signals in the future (see 73 FR 59796-59797, Oct. 
9, 2008). To ensure that any new signals developed by a particular 
employer are as effective as hand, voice, or audible signals, 
Sec. Sec.  1926.1419(d)(1) and (d)(2) require the employer to 
demonstrate that the new signals are as effective as existing signals 
for communicating. Alternatively, an employer may use signals that 
comply with a national consensus standard.\96\ OSHA decided to change 
the language of paragraph (d)(2) to clarify that an employer's signals 
must comply with the national consensus standard signals. C-DAC 
determined it was appropriate to allow reliance on signals in a 
national consensus standard because their inclusion in such a standard 
shows a high degree of standardization and widespread acceptance by 
persons who are affected by the signals, thereby ensuring that the 
signals can be used safely to control equipment operations and 
preventing the ``on the fly'' development of signals cited as dangerous 
by the commenter. (ID-0110.1.)
---------------------------------------------------------------------------

    \96\ The C-DAC draft refers to an ``industry consensus 
standard.'' OSHA has changed this to ``national consensus standard'' 
to conform to the terminology used in the OSH Act. See definition in 
section 3(9) of the Act.
---------------------------------------------------------------------------

Paragraph (e) Suitability
    Under paragraph (e) of this section, the type of signal (hand, 
voice, audible, or new) and the transmission method used must be 
suitable for the site conditions. For example, hand signals would not 
be suitable if site conditions do not allow for the signal person to be 
within the operator's line of sight. Radio signals would not be 
suitable if electronic interference on the site prohibits the signals 
from being readily understood.
    One commenter requested that the determination of which type and 
means of signaling is appropriate for the site conditions be made by 
the crane operator or other qualified person. (ID-0172.1.)
    The Agency concludes that this is a straight-forward determination 
that does not require the specialized expertise of a qualified person. 
Also, the crane operator will typically be involved in this 
determination, since there are several requirements relating to 
effective communication that, as a practical matter, will typically 
involve input from the operator (see, for example, Sec. Sec.  
1926.1419(f), 1926.1420(a), and 1926.1421(c)).
Paragraph (f)
    Paragraph (f) of this section requires the ability to transmit 
signals between the operator and signal person to be maintained. If 
that ability is interrupted, the operator is required to safely stop 
operations until signal transmission is reestablished and a proper 
signal is given and understood. No comments were received on this 
provision; it is included in the final rule without change.
Paragraph (g)
    As explained in the preamble to the proposed rule, paragraph (g) of 
this section requires the operator to stop operations if the operator 
becomes aware of a safety problem and needs to communicate with the 
signal person (see 73 FR 59797, Oct. 9, 2008). Operations may only be 
resumed after the operator and signal person agree that the problem has 
been resolved.
    No comments were received on this provision; it is included in the 
final rule without change.
Paragraphs (h) and (j)
    Paragraph (h) of this section requires that only one person at a 
time signal the operator. As explained in the preamble to the proposed 
rule, C-DAC determined this provision was needed to prevent confusion 
with respect to which signals the operator is supposed to follow (see 
73 FR 59797, Oct. 9, 2008). An exception is provided in Sec.  
1926.1419(j) to address situations when somebody becomes aware of a 
safety problem and gives an emergency stop signal. Under Sec.  
1926.1417(y), the operator is required to obey such a signal. No 
comments were received on either of these provisions; they are

[[Page 47998]]

included in the final rule without substantive change. OSHA has 
modified paragraph (h) to clarify that it is a requirement.
Paragraph (i) [Reserved.]
Paragraph (k)
    As explained in the preamble to the proposed rule, paragraph (k) of 
this section requires that all directions given to the operator by the 
signal person be given from the operator's direction perspective, 
meaning that the signal person must provide the signals as if he or she 
was sitting in the operator's seat and facing the same direction as the 
operator (see 73 FR 59797, Oct. 9, 2008). In the Committee's 
experience, the operator will tend to react to a directional signal, 
such as ``forward,'' by acting on the signal from the operator's 
perspective. This provision ensures that the signal that is given will 
be consistent with that natural tendency. No comments were received on 
this provision; it is included in the final rule without change.
Paragraph (l) [Reserved.]
Paragraph (m) Communication With Multiple Cranes/Derricks
    Paragraph (m) of this section addresses a situation where one or 
more signal person(s) is in communication with more than one crane or 
derrick (for example, during multiple crane lifts). It requires each 
signal person to use an effective means of identifying which crane or 
derrick the signal is for. Sections 1926.1419(m)(i) and (ii) set out 
alternate means of complying with this requirement. Under Sec.  
1926.1419(m)(i), for each signal the signal person must, prior to 
giving the function/direction, identify the crane/derrick for which the 
signal is intended. Alternatively, under Sec.  1926.1419(m)(ii), the 
employer could implement a method of identifying the crane/derrick for 
which the signal is intended that is as effective as the system in 
Sec.  1926.1419(m)(i). For example, under Sec.  1926.1419(m)(ii), the 
signal person could simultaneously identify the crane and provide the 
signal. Because of the potential for confusion, it is essential that an 
alternative system under Sec.  1926.1419(m)(ii) be equally effective as 
Sec.  1926.1419(m)(i) in clearly conveying, on a consistent basis, the 
crane/derrick to which each signal is directed. No comments were 
received on this provision; it is included in the final rule without 
substantive change. The wording of the paragraph has been modified with 
several minor grammatical changes.
Section 1926.1420 Signals--Radio, Telephone, or Other Electronic 
Transmission of Signals
    C-DAC concluded that certain criteria are needed to ensure the 
reliability and clarity of electronically transmitted signals; these 
criteria are listed in Sec. Sec.  1926.1420(a) through (c). Paragraph 
(a) of this section requires the testing of the transmission devices 
prior to the start of operations to make certain that the signals are 
clear and that the devices are reliable. This helps ensure that the 
operator receives, and can understand, the signals that are given, and 
will prevent accidents caused by miscommunication.
    One commenter, remarking that a second or two of delay may still 
pose a significant safety hazard, suggested that Sec.  1926.1420(b) be 
amended to read, ``Signal transmission must be through a dedicated 
channel without noticeable delay * * *.'' (ID-0172.1.)
    OSHA agrees that a noticeable delay in transmission of an 
electronic signal could pose a significant hazard and has decided to 
address this concern by adding the requirement that signal transmission 
be ``effective.'' To be effective, a transmitted signal must produce or 
be capable of producing the intended result. In other words, a signal 
must be transmitted and understood by the crane operator in such a way 
and within such a time as would allow the operator to respond to the 
signal and operate the crane in a safe manner.
    Paragraph (b) of this section requires that signals be transmitted 
through a dedicated channel. As defined in Sec.  1926.1401, a 
``dedicated channel'' is ``a line of communication assigned by the 
employer who controls the communication system to only one signal 
person and crane/derrick or to a coordinated group of cranes/derricks/
signal person(s).'' Use of a dedicated channel ensures that the 
operator and signal person are not interrupted by users performing 
other tasks or confused or distracted by instructions not intended for 
them.
    An exception to Sec.  1926.1419(b) allows more than one signal 
person and more than one crane/derrick operator to share a dedicated 
channel in multiple crane/derrick situations for coordinating 
operations. The Committee determined, and OSHA agrees, that this 
exception is needed because, in those situations, it may be 
advantageous to share a single dedicated channel. For example, in some 
situations several cranes may be operating in an area in which their 
booms, loads or load lines could come in contact with each other. In 
such cases it is crucial that the movements of each crane be properly 
coordinated. By sharing a single channel, each operator can hear what 
each crane is being asked to do, which can facilitate that 
coordination.
    Several commenters representing the railroad industry raised 
concerns about the dedicated channel requirement as it relates to the 
use of cranes on or adjacent to railroad tracks. (ID-0170.1; -0176.1; -
0291.1.) These commenters pointed out that the actions of crane 
operators often have to be coordinated with other moving equipment 
(e.g. trains) and that the use of a dedicated channel in these 
circumstances would actually be more dangerous.
    The commenters' points in this regard are persuasive; OSHA has 
accordingly added Sec.  1926.1420(b)(2). This allows an exception to 
the use of a dedicated channel when a crane is being operated on or 
near railroad tracks and the crane operator must coordinate with the 
movement of other equipment on or near the railroad tracks.
    Paragraph (c) of this section requires that the operator's 
reception be by a hands-free system. In other words, the operator must 
not have to depress a button, manipulate a switch, or take any action 
for the incoming signal to be received. C-DAC determined that this 
provision is needed because the operator must have both hands free to 
manipulate the equipment's controls. No comments were received on this 
provision; it is included in the final rule without change.
Section 1926.1421 Signals--Voice Signals--Additional Requirements
    C-DAC considered whether the rule should include a standardized set 
of voice signals. Unlike hand signals, which have become standardized 
to a large extent within the industry, in the Committee members' 
experience there is significant variation in the phrases used to convey 
the same instructions. Consequently, C-DAC was concerned that words or 
phrases that it might have chosen to be ``standard'' voice signals 
could be unfamiliar to many employees in the industry or contrary to 
common usage in some parts of the country. In light of this, the 
Committee determined that it would be better to use a different 
approach to address the problem of miscommunication when using voice 
signals. This approach, which establishes criteria for whatever voice 
signals are used, is set out in Sec. Sec.  1926.1421(a)-(c).
    Under paragraph (a) of this section, prior to beginning operations, 
the personnel involved with signals--the crane operator, signal person 
and lift director (if there is one)--are required to

[[Page 47999]]

meet and agree on the voice signals that will be used. Because of the 
lack of standardization and the variety of languages that are in use in 
the construction industry, the Committee concluded that it is essential 
that the persons who give and/or receive voice signals agree in advance 
on the signals that will be used to avoid miscommunication. OSHA 
agrees. Once the parties have met and agreed on the voice signals, 
another meeting is not required to discuss them unless another worker 
is added or substituted, there is some confusion about the signals, or 
a signal needs to be changed.
    Section 1926.1421(b) requires that each voice signal contain the 
following three elements, given in the following order: function (such 
as hoist, boom, etc.), direction; distance and/or speed; function, stop 
command. For example: hoist up; 10 feet; hoist stop. As discussed 
above, the Committee considered it impractical to attempt to 
standardize the voice signals themselves (that is, to require the use 
of particular words to represent particular functions, directions or 
other instructions). However, the Committee concluded that the chance 
of miscommunication could nonetheless be reduced if certain parameters 
were established for the type of information and order of information 
that would be given. OSHA agrees.
    Section 1926.1421(c) requires the crane operator, signal person, 
and lift director (if there is one) to be able to effectively 
communicate in the language used. Voice signals will not serve their 
intended purpose if they cannot be understood, or can be 
misinterpreted. The inability of these workers to understand each other 
could lead to accidents that occur when, for example, the crane 
operator moves a load in a different direction than the signal person 
intends.
    One commenter suggested that uniform verbal signals were necessary 
to limit the likelihood of miscommunications resulting from language 
barriers. (ID-0379.1.) Three commenters suggested that OSHA establish 
uniform verbal signals enhanced by diagrams and pictures. (ID-0110.1; -
0115.1; -0178.1.) Two of these commenters suggested that OSHA require 
these verbal signal charts to be conspicuously posted in the vicinity 
of the hoisting operations. (ID-0110.1; -0115.1.)
    As discussed above, C-DAC considered whether the rule should 
include a standardized set of voice signals and decided that it would 
not be practical to do so. It did, however, address the potential for 
miscommunication by developing the requirements in Sec.  1926.1421(a) 
(requiring a meeting between the operator, signal person and lift 
director to determine which verbal signals will be used). Having 
received no evidence to the contrary, OSHA has decided to defer to the 
expertise of the Committee, and is promulgating this requirement 
without substantive change. The word ``shall'' is replaced with 
``must'' in paragraphs (b) and (c) to remove any doubt that the 
sentences are imperative commands, rather than descriptive.
Section 1926.1422 Signals--Hand Signal Chart
    Section 1926.1422 requires that hand signal charts be posted on the 
equipment or readily available at the site. OSHA is requiring the 
charts to be posted to serve as a reference for operators and signal 
persons of the mandatory hand signals and thereby help avoid 
miscommunication.
    Three commenters suggested that Sec.  1926.1422 be rewritten to 
require that the hand signal charts be ``conspicuously posted in the 
vicinity of'' the hoisting operations, rather than merely making them 
``readily available at the site'' as proposed. (ID-0110.1; -0115.1; -
0178.1.)
    Upon further reflection, the Agency acknowledges that the original 
language (that the hand signal chart could be ``readily available at 
the site'') did not afford the same amount of protection afforded by 
``conspicuously posted in the vicinity of the hoisting operations.'' 
For example, a hand signal chart stored in a shop trailer on the other 
side of the site or obscured from sight by other objects might be 
``readily available at the site,'' but it would do little to ensure 
that the chart would be accessed by employees where it is needed. It is 
the Agency's intent that employees be able to access the chart quickly. 
OSHA therefore decided to modify the language of Sec.  1926.1422 to 
require that signal charts be conspicuously posted in the vicinity of 
hoisting operations, or on the equipment.
Section 1926.1423 Fall Protection
    This section contains provisions designed to protect workers on 
equipment covered by this subpart from fall hazards. (See Sec.  
1926.1431, Hoisting Personnel, for fall protection provisions that 
apply when equipment is used to hoist personnel).
    Falls have traditionally been the leading cause of deaths among 
construction workers. BLS data for 2004 and 2005, the latest years for 
which complete figures are available, shows 445 fatalities from falls 
in 2004 (ID-0023) and 394 in 2005 (ID-0024). In 2004, 20 fatalities 
resulted from falls from nonmoving vehicles and in 2005, such falls 
caused 18 deaths. A recent study of crane-related fatalities in the 
U.S. construction industry found that 2% resulted from falls. J.E. 
Beavers, J.R. Moore, R. Rinehart, and W.R. Schriver, ``Crane-Related 
Fatalities in the Construction Industry,'' 132 Journal of Construction 
Engineering and Management 901 (Sept. 2006). (ID-0012.) Falls from 
cranes, particularly when the operator is entering or leaving the 
crane, also cause numerous non-fatal injuries to construction workers. 
(OSHA-S030-2006-0663-0422.)
    As discussed in the preamble to the proposed rule, the Committee 
determined that safety would be enhanced by addressing the problem of 
fall hazards associated with cranes and derricks comprehensively and 
that putting all such requirements in subpart CC would make it easier 
for employers to readily determine the applicable fall protection 
requirements (see 73 FR 59799, Oct. 9, 2008). Accordingly, under the 
final rule, subpart M does not apply to equipment covered by subpart CC 
except where Sec.  1926.1423 incorporates requirements of subpart M by 
reference.
    In this regard, the Agency has amended subpart M at Sec.  
1926.500(a)(2)(ii) to make clear that subpart CC specifies the 
circumstances in which fall protection must be provided to workers on 
equipment covered by subpart CC. The Agency has also amended Sec.  
1926.500(a)(3) to state that the criteria for fall protection systems 
required under subpart CC are as set forth in Sec.  1926.1423 of 
subpart CC. In addition, Sec.  1926.500(a)(4) has been amended to 
specify that the training requirements in Sec.  1926.503 do not apply 
to the use of equipment covered by subpart CC. These amendments to 
Sec.  1926.500 are discussed in the explanation of amendments to 
subpart M.
Definition of ``Fall Protection Equipment''
    ``Fall protection equipment'' is defined in Sec.  1926.1401, and is 
limited to guardrail systems, safety net systems, personal fall arrest 
systems, positioning device systems, and fall restraint systems. One 
commenter stated that this definition should be changed to that found 
in ANSI/ASSE Z359.0--2007, Definitions and Nomenclature used for Fall 
Protection and Fall Arrest, which defines ``fall protection'' more 
broadly to include any equipment, device, or system that either 
prevents a fall or mitigates the effect of a fall. (ID-0178.1.) 
However, as OSHA explained in the proposed rule, the proposed 
definition

[[Page 48000]]

was chosen to use the same terminology found in other OSHA standards to 
ensure that employers would be familiar with the terminology (see 73 FR 
59799, Oct. 9, 2008). Moreover, OSHA notes that sec. 1.3.1 of ANSI/ASSE 
Z359.0--2007 provides that the scope of that standard does not include 
the construction industry. Accordingly, OSHA is retaining the proposed 
definition in the final rule.
Definition of ``Positioning Device System''
    A trade association objected to the lack of definitions for ``fall 
arrest'' or ``positioning systems.'' (ID-0178.1.) OSHA notes that 
proposed Sec.  1926.1401 did contain a definition for ``personal fall 
arrest system,'' and that definition is included in the final rule. 
OSHA agrees that a definition of ``positioning device system'' is 
needed and is adding a definition to Sec.  1926.1401 in the final rule 
that is the same as the definition found in subpart M.
Paragraph (a) Application
    Section 1926.1423(a) specifies which provisions in this section 
apply to all equipment, including tower cranes (Sec. Sec.  
1926.1423(c)(1), (c)(2), (d), (g), (j) and (k)); which provisions apply 
to all equipment except tower cranes (Sec. Sec.  1926.1423(b), (c) (3), 
(e) and (f)); and which provisions apply only to tower cranes 
(Sec. Sec.  1926.1423(c)(4) and (h)).
Paragraph (b) Boom Walkways
    For the reasons explained in the preamble to the proposed rule, 
Sec.  1926.1423(b) addresses the hazard of falls from lattice booms by 
establishing when walkways must be incorporated into lattice booms, and 
the criteria for such walkways (see 73 FR 59799-59800, Oct. 9, 2008). 
No comments were received on this paragraph; it is included in the 
final rule without change.
Paragraph (c) Steps, Handholds, Ladders, Grabrails, Guardrails and 
Railings
    Section 1926.1423(c) in the final rule specifies criteria for the 
use and maintenance of steps, handholds, ladders, grabrails, guardrails 
and railings. The Agency notes that proposed paragraph (c) 
inadvertently omitted ``ladders'' from the list of devices in the 
paragraph's heading. Accordingly, OSHA has revised final paragraph (c) 
to include the word ladders.
    Section 1926.502(b) generally provides criteria for guardrail 
systems, with some exceptions (see discussion of amendments to Sec.  
1926.500). C-DAC concluded, however, that specific criteria for steps, 
handholds, ladders, grabrails, guardrails and railings were necessary 
to address the design characteristics of equipment covered by subpart 
CC and the particular fall hazards associated with the use of such 
equipment.
    OSHA agrees, and is therefore adding Sec.  1926.1423(c)(1), which 
states that Sec.  1926.502(b) (guardrail systems) must not apply to 
equipment covered by subpart CC, to the final rule. It makes clear that 
the guardrail criteria requirements in Sec.  1926.502(b) for those 
items do not apply to equipment covered by subpart CC. Instead, 
Sec. Sec.  1926.1423(c)(2), (3), and (4), discussed below, provide the 
applicable criteria for such equipment. Because of the addition of 
paragraph (c)(1), which was not in the proposed rule, paragraphs 
(c)(2), (3), and (4) have been renumbered from the proposal, where they 
were paragraphs (c)(1), (2), and (3).
    Paragraph (c)(2) of this section requires that the employer 
maintain in good condition originally-equipped steps, handholds, 
ladders and guardrails/railings/grabrails.\97\ The failure to properly 
maintain such devices could pose dangers to the workers who use them. 
For example, a grabrail would not be maintained in good condition if it 
has become weakened from rust. A weakened guardrail could fail when an 
employee uses it, which could cause the employee to fall. Likewise, a 
railing would not be maintained in good condition if all or part of the 
railing is missing. A manufacturer that integrated a railing into its 
boom design may have relied on the presence of the railing and provided 
a walking surface that would otherwise be too narrow to be safe.
---------------------------------------------------------------------------

    \97\ OSHA has changed the location of the words ``in good 
condition'' in Sec.  1926.1423(b) to make it clear that it applies 
to maintenance of all of the listed items.
---------------------------------------------------------------------------

    Paragraphs (c)(3) and (c)(4) of this section require that equipment 
manufactured more than one year after the effective date of this 
standard be equipped to provide safe access and egress on equipment 
covered by this subpart by the provision of devices such as steps, 
handholds, ladders, and guardrails/railings/grabrails. Tower cranes 
must be equipped to provide safe access and egress between the ground 
and the cab, machinery platforms, and tower (mast) (see below 
discussion of paragraph (c)(4)). All other equipment covered by this 
subpart must be equipped to provide safe access and egress between the 
ground and the operator work station(s), including the forward and rear 
operator positions. As discussed below, Sec. Sec.  1926.1423(c)(3)(i) 
and 1926.1423(c)(4)(i) require the steps, handholds, ladders and 
guardrails/railings/grabrails used to comply with this section to meet 
updated design criteria.
    Prior to this final rule, former Sec.  1926.550(a)(13)(i) in 
subpart N required that guardrails, handholds, and steps be provided on 
cranes for easy access to the car and cab and specified that these 
devices conform to ANSI B30.5. The 1968 version of ANSI B30.5, which 
was in effect at the time subpart N was issued, specifies that the 
construction of these devices must conform to the 1946 U.S. Safety 
Appliance Standard. C-DAC recognized that many pieces of equipment now 
in use would have been manufactured with handholds and steps but was 
concerned that the handholds and steps may have been designed to meet 
outdated criteria.
    The Committee determined, and OSHA agrees, that it would be unduly 
burdensome to require all equipment to be retrofitted with new steps, 
handholds, and railings simply because the existing design may vary 
from what is required under the final rule. Accordingly, Sec.  
1926.1423(c)(3) only applies to equipment manufactured more than one 
year after the effective date of this standard. This gives equipment 
manufacturers adequate time to incorporate the requirements of Sec.  
1926.1423(c)(3)(i) into their new products.\98\
---------------------------------------------------------------------------

    \98\ OSHA had added the word ``devices'' in the last sentence of 
paragraph (c)(3) for grammatical clarity.
---------------------------------------------------------------------------

    Paragraph (c)(3)(i) requires that steps, handholds, ladders and 
guardrails/railings/grabrails meet the criteria of SAE J185 (May 2003) 
or ISO 11660-2:1994(E). As explained above in the discussion of 
amendments to subpart X, OSHA amended subpart X to clarify that subpart 
X does not apply to integral components of equipment covered by subpart 
CC. The specifications in SAE J185 (May 2003) are referenced in other 
industry consensus standards, such as ASME B30.5-2004, ``Mobile and 
Locomotive Cranes'' and ASME B30.3-2004, ``Construction Tower Cranes,'' 
and crane manufacturers are familiar with those requirements. Section 
1926.1423(c)(3)(i) alternatively allows compliance with ISO 11660-2 
because those provisions are sufficiently protective and employers also 
use equipment built by foreign manufacturers who have been following 
that standard.

[[Page 48001]]

    OSHA notes that proposed Sec.  1926.1423(c)(2)(i) \99\ 
inadvertently omitted handholds from the listed devices that must meet 
the criteria of SAE J185 (May 2003) or ISO 11660-2:1994(E). 
Accordingly, OSHA has added handholds to the final rule in Sec.  
1926.1423(c)(3)(i). Additionally, OSHA has replaced the word 
``requirements'' in proposed Sec.  1926.1423(c)(2)(i) with ``criteria'' 
in the final Sec.  1926.1423(c)(3)(i). The Agency determines this 
change clarifies that the listed devices must comply with the design 
criteria contained in the referenced standards and that, for the 
purposes of Sec.  1926.1423(c)(3)(i), other provisions in the 
referenced standards do not apply. To illustrate, both SAE J185 (May 
2003) and ISO 11660-2:1994(E) contain provisions relating to the scope 
of those standards. However, Sec.  1926.1400 sets forth the scope of 
equipment covered by subpart CC (see discussion above of Sec.  
1926.1400, Scope). Consequently, Sec.  1926.1423(c)(3)(i) requires that 
steps, handholds, ladders, and guardrails/railings/grabrails on 
equipment covered by subpart CC (other than tower cranes) meet the 
criteria for such devices in SAE J185 (May 2003) or ISO 11660-
2:1994(E), irrespective of the scope provisions in those consensus 
standards.
---------------------------------------------------------------------------

    \99\ Proposed Sec.  1926.1423(c)(2)(i) corresponds with Sec.  
1926.1423(c)(3)(i) in the final rule.
---------------------------------------------------------------------------

    Paragraph (c)(3)(ii) of this section requires that walking/stepping 
surfaces, except for crawler treads, have slip-resistant features/
properties (such as diamond plate metal, strategically placed grip 
tape, expanded metal, or slip-resistant paint). Former Sec.  
1926.550(a)(13)(iii) of subpart N required platforms and walkways to 
have anti-skid surfaces. C-DAC recommended that OSHA retain this 
requirement as a complement to the use of guardrails, handholds, 
grabrails, ladders and other engineered safety features that are 
required by new Sec.  1926.1423. OSHA concludes that compliance with 
this provision will minimize the number of slips and falls for 
employees who must travel point to point to access the operator 
workstations on equipment covered by this section.
    Paragraph (c)(4) of this section applies to fall protection on 
tower cranes. For the same reasons explained above with respect to 
Sec.  1926.1423(c)(3), Sec.  1926.1423(c)(4) likewise only applies to 
tower cranes manufactured more than one year after the effective date 
of this standard. Such equipment must be equipped so as to provide safe 
access and egress between the ground and the cab, machinery platforms, 
and tower (mast), by the provision of devices such as steps, handholds, 
ladders, and guardrails/railings/grabrails. In the preamble to the 
proposed rule, OSHA stated the Agency's intent to include a requirement 
to provide safe access and egress on tower cranes, similar to the 
requirement in final paragraph (c)(3) to provide safe access and egress 
on other equipment covered by subpart CC, and requested public comment 
on the issue (73 FR 59800, Oct. 9, 2008).
    Three commenters responded, all stating that the final rule should 
include the requirement to provide safe access and egress on tower 
cranes. (ID-0182.1; -0205.1; -0213.1.) Accordingly, OSHA has added 
paragraph (c)(4) to the final rule.
    Paragraph (c)(4)(i) of this section requires steps, handholds, 
ladders, and guardrails/railings/grabrails on these tower cranes to 
meet the criteria of ISO 11660-1:2008(E) and ISO 11660-3:2008(E), or 
SAE J185 (May 2003), except where infeasible. For the same reasoning 
discussed above with respect to Sec.  1926.1423(c)(3)(i), paragraph 
(c)(4)(i) allows employers to use equipment designed to the 
specifications of SAE J185 (May 2003) or, alternatively, ISO 11660-
1:2008(E) and ISO 11660-3:2008(E).
    The Agency notes that ISO 11660-1:2008(E) provides criteria 
applicable to cranes in general while ISO 11660-3:2008(E) provides 
criteria particular to tower cranes. The Agency reads the particular 
criteria in ISO 11660-3:2008(E) as supplementing the general criteria 
in ISO 11660-1:2008(E).\100\ Therefore, paragraph (c)(4)(i) would only 
be satisfied under this alternative if the steps, handholds, ladders 
and guardrails/railings/grabrails on the tower crane meet the criteria 
in both ISO 11660-1:2008(E) and ISO 11660-3:2008(E).
---------------------------------------------------------------------------

    \100\ The Agency notes that the approach for the 2008 editions 
of ISO 11660-1 and ISO 11660-3 appears to differ from that of the 
ISO 11660-2:1994(E). The Agency interprets ISO 11660-2:1994(E) as 
addressing steps, handholds, ladders and guardrails/railings/
grabrails independent of ISO 11660-1:2008(E).
---------------------------------------------------------------------------

    Paragraph (c)(4)(ii) of this section requires walking/stepping 
surfaces on tower cranes to have slip-resistant features/properties, 
such as diamond plate metal, strategically placed grip tape, expanded 
metal, or slip-resistant paint. Similar to paragraph (c)(3)(ii) (see 
above discussion of paragraph (c)(3)(ii)), paragraph (c)(4)(ii) carries 
forward the anti-skid protections from former Sec.  
1926.550(a)(13)(iii).
Paragraph (d) Personal Fall Arrest and Fall Restraint Systems
    Paragraph (d) of this section addresses personal fall arrest 
systems and fall restraint systems used to satisfy the requirements 
under subpart CC to provide fall protection.
    Paragraph (d) was not in the proposed rule but has been added to 
the final rule to make clear that certain appropriate requirements of 
subpart M apply to subpart CC. Paragraph (d) requires the use of 
personal fall arrest system components in personal fall arrest and fall 
restraint systems required by subpart CC. These systems must conform to 
all of the criteria in Sec.  1926.502 of subpart M, except Sec.  
1926.502(d)(15). Section 1926.502(d)(15) provides general criteria for 
anchorages for personal fall arrest systems, but OSHA is choosing to 
apply the anchorage criteria in Sec.  1926.1423(g)(3) rather than the 
criteria in Sec.  1925.502(d)(15). This approach is consistent with the 
approach to requirements for personal fall arrest and fall restraint 
systems provided in Sec.  1926.760(d)(2) of subpart R, except for the 
exclusion of Sec.  1926.502(d)(15).
Paragraph (e) Fall Protection Requirements for Non-Assembly/Disassembly 
Work
    Paragraph (e) of this section addresses fall protection 
requirements for employees engaged in work other than assembly/
disassembly work (``non-A/D'' work). For such work, in certain 
circumstances, employers are required to provide and ensure the use of 
fall protection equipment for employees who are on a walking/working 
surface with an unprotected side or edge more than 6 feet above a lower 
level.
    C-DAC discussed different trigger heights for fall protection 
requirements for particular types of cranes and derricks. Ultimately, 
C-DAC concluded that the requirements for fall protection should remain 
consistent with 29 CFR part 1926 subpart M, which generally requires 
fall protection at heights at and above 6 feet, as much as possible. 
(As discussed below, for assembly/disassembly (A/D) work, the Committee 
recommended fall protection beginning at 15 feet.) C-DAC also 
determined that operators do not need to be tied off while moving to 
and from their cabs, and paragraph (e)(1) of this section, discussed 
below, therefore requires fall protection equipment only when employees 
are moving point-to-point on booms or while at a work station (with 
certain exceptions). The Committee determined that the steps, 
handholds, and railings required under

[[Page 48002]]

Sec.  1926.1423(c) protect operators moving to and from their 
workstations and eliminate the need for additional fall protection 
equipment.
Paragraph (e)(1) Non-Assembly/Disassembly: Moving Point to Point
    Paragraph (e)(1)(i) of this section requires employers to provide 
and ensure the use of fall protection equipment at 6 feet and above 
when an employee is moving point to point on non-lattice booms (whether 
horizontal or not horizontal). Moving point to point is defined in 
Sec.  1926.1401 and refers to when an employee is going to or coming 
from a work station.
    C-DAC determined that non-lattice booms generally present more 
hazards to workers who must walk them to reach other work areas, 
devices, and equipment attached to it than lattice booms. Non-lattice 
booms are typically of the extensible type. As a result, as members 
noted, the walking/working surfaces on these types of booms are often 
oily (from the hydraulic mechanisms). Also, since the boom sections 
extend and retract, it is typically infeasible to provide boom walkways 
and other safety features. Because they tend to be slippery from oil, 
the Committee concluded that they are especially hazardous to move 
across even when horizontal. Therefore, where an employee is required 
to move point to point on a non-lattice boom, the Agency decided to 
remain consistent with the requirements in 29 CFR part 1926 subpart M 
to require fall protection at heights at or above 6 feet and the final 
rule requires fall protection when the fall distance is greater than 6 
feet.
    Paragraph (e)(1)(ii) applies the same fall protection requirements 
to point to point movement on lattice booms that are not in a 
horizontal position. The Committee found that in non-A/D work, an 
employee may, for example, need to move point-to-point on a lattice 
boom to inspect a part that is suspected to need repair, or to make a 
repair (such as replacing a broken or missing cotter pin). In many of 
these situations, the boom will not be horizontal, since space 
limitations often make it difficult to lower the boom to do this work.
    The Committee determined that it is both necessary and feasible for 
fall protection to be used in such instances. Typically, the fall 
protection that would be used would consist of a double-lanyard or 
similar personal fall arrest system. Since the boom in these instances 
would be elevated, there would usually be a point on the boom above the 
level of the employee's feet to which the lanyard could be attached.
    In contrast, it is uncommon for an employee to need to move point-
to-point on a horizontal lattice boom for non-A/D work. If work does 
need to be done, such as making an inspection or repair as discussed 
above, the employee would usually get access to their work station with 
a ladder. In those instances when the employee must traverse the boom 
itself, the Committee concluded that it would be inappropriate to 
require fall protection for the reasons discussed below.
    The key difficulty in providing fall protection in such instances 
stems from the lack of a tie-off point above the level of the 
employee's feet. The Committee discussed that most lattice booms when 
horizontal would be less than 15 feet above the next lower level. At 
heights below 15 feet, a personal fall arrest system tied off at the 
level of the employee's feet, with a lanyard long enough to afford the 
employee the range of movement necessary for this work, might not 
prevent the employee from falling to the next lower level.
    In construction work the problem of providing personal fall 
protection in this height range, when there is no higher tie-off point, 
is usually solved in one of three ways (apart from the use of ladders, 
scaffolds, aerial lifts, and similar devices). One way is to use a 
restraint system, which is anchored at a point that prevents the 
employee from moving past an edge. The Committee discussed that this 
type of system could not be used while on a boom because the boom is 
too narrow. Another method is to set up a personal fall arrest system 
that would arrest the employee's fall before hitting the next lower 
level by using stanchions to support an elevated, horizontal life-line. 
However, such stanchions must be securely fastened and whatever they 
are fastened to must be able to withstand considerable forces in an 
arrested fall. On a crane's lattice boom, the stanchions would have to 
be attached either to the chords or the lacings.
    The chords and lacings are engineered to be as light as possible, 
and an engineering analysis would be needed in each case to determine 
if the attachment point was sufficiently strong to withstand those 
forces. Also, the Agency determines that manufacturers would be 
unlikely to approve clamp-on type systems because of the likelihood of 
the clamping forces damaging these critical structural components. 
Similarly, the Agency determines that manufacturers would not approve 
the repeated weld/removal/re-weld cycles that would be involved in 
attaching and removing stanchions because this could adversely affect 
the boom's structural components.
    The third method commonly used in construction work is a temporary 
guardrail system, but that also would require attaching stanchions to 
the boom, which would be infeasible for these same reasons.
    The Committee concluded that, in light of such factors, it would 
not be appropriate to require fall protection when an employee moves 
point-to-point on horizontal lattice booms. However, in the preamble to 
the proposed rule, the Agency noted that, although it may rarely be 
necessary for an employee moving point-to-point on a horizontal lattice 
boom to be 15 feet or more above the next lower level, there is the 
possibility of such an occurrence, such as where a horizontal boom 
spans a large gap in the ground surface. At such heights a personal 
fall arrest system tied off at the level of the employee's feet would 
allow sufficient room for the arrest system to operate without allowing 
the employee to strike the next lower level. Therefore, the Agency 
requested public comment on whether proposed Sec.  1926.1423(d)(1)(ii) 
\101\ should be expanded to require fall protection when an employee, 
engaged in non-A/D work, is moving point-to-point on a boom that is 
horizontal and the fall distance is 15 feet or more.
---------------------------------------------------------------------------

    \101\ Proposed Sec.  1926.1423(d)(1)(ii) corresponds with final 
Sec.  1926.1423(e)(1)(ii).
---------------------------------------------------------------------------

    OSHA received three comments on this issue. (ID-0182.1; -0205.1; -
0213.1.) These commenters stated that the final rule should require 
fall protection when an employee, engaged in non-A/D work, is moving 
point-to-point on a boom that is horizontal and the fall distance is 15 
feet or more. Accordingly, the Agency has added paragraph (e)(1)(iii) 
to the final rule to require fall protection under these circumstances. 
No comments were received on proposed paragraphs (d)(1)(i) and (ii), 
and they are included in the final rule without change as paragraphs 
(e)(1)(i) and (ii).
Paragraph (e)(2) Non-Assembly/Disassembly: While at a Work Station
    Paragraph (e)(2) of this section requires employers to provide and 
ensure the use of fall protection while an employee is at a work 
station on any part of the equipment (including the boom, of any type), 
except when the employee is at or near draw-works (when the equipment 
is running), in the cab, or on the deck (see the discussion of this in 
the preamble of the proposed rule, where this paragraph was denominated 
as Sec.  1926.1423(d)(2); 73

[[Page 48003]]

FR 59802, Oct. 9, 2008). No comments were received on this paragraph; 
it is included in the final rule without change other than its 
redesignation.
Paragraph (f) Assembly/Disassembly
    Paragraph (f) of this section requires the employer to provide and 
ensure the use of fall protection equipment during assembly and 
disassembly (A/D) work for employees who are on a walking/working 
surface with an unprotected side or edge more than 15 feet above a 
lower level, except when the employee is at or near draw-works (when 
the equipment is running), in the cab, or on the deck (see the 
discussion of this in the preamble of the proposed rule, where this 
paragraph was denominated as Sec.  1926.1423(e); 73 FR 59802, Oct. 9, 
2008). No comments were received on this paragraph; it is included in 
the final rule without change other than its redesignation.
Paragraph (g) Anchorage Criteria
    Paragraph (g) of this section requires the use of, and specifies 
criteria for, anchorage points in personal fall arrest systems, 
positioning device systems, and fall restraint systems.\102\ Paragraph 
(g)(1) provides that Sec. Sec.  1926.502(d)(15) and 1926.502(e)(2) of 
subpart M apply to equipment covered by subpart CC only to the extent 
delineated in paragraph (g)(2). Sections 1926.502(d)(15) and 
1926.502(e)(2) provide, respectively, anchorage criteria for personal 
fall arrest systems and positioning device systems. As discussed below 
with respect to paragraph (g)(2), C-DAC determined that the particular 
circumstances associated with the use of personal fall arrest systems 
and positioning device systems on equipment covered by subpart CC 
necessitate specific criteria for the anchorages of such systems. 
Therefore, OSHA added paragraph (g)(1) to this section of the final 
rule to make clear that the general anchorage criteria in Sec.  
1926.502 apply to equipment covered by subpart CC only as delineated in 
paragraph (g)(2), discussed below (see also discussion above of Sec.  
1926.500).
---------------------------------------------------------------------------

    \102\ ``Personal fall arrest system'' and ``Positioning device 
system'' are defined in Sec.  1926.1401. These definitions parallel 
those in Sec.  1926.500(b) of subpart M. ``Fall restraint system'' 
is also defined in Sec.  1926.1401. This definition parallels the 
one in Sec.  1926.751 of subpart R. As with other definitions 
applicable to this section, C-DAC endeavored, to the extent possible 
and appropriate, to use terminology that is familiar to the 
industry.
---------------------------------------------------------------------------

    Paragraph (g)(2) of this section, Anchorages for personal fall 
arrest and positioning device systems, contains requirements for 
anchorage points used in personal fall arrest and positioning device 
systems (this was denominated paragraph (f) in the proposed rule). 
Sections 1926.1423(g)(2)(i) and 1926.1423(g)(2)(ii) permit personal 
fall arrest systems and positioning systems to be anchored to any 
apparently substantial part of the equipment unless a competent person, 
from a visual inspection, without an engineering analysis, would 
conclude that the applicable criteria in Sec.  1926.502 of subpart M of 
this part would not be met. An apparently substantial part of the 
equipment is a part that would appear substantial to a reasonable 
competent person. The subpart M criteria include, for personal fall 
arrest systems, 5,000 pounds per employee or twice the potential impact 
load of an employee's fall (in addition to other requirements) (Sec.  
1926.502(d)(15)); for a positioning device, 3,000 pounds or twice the 
potential impact load of an employee's fall, whichever is greater (in 
addition to other requirements) (Sec.  1926.502(e)(2)).
    Most of the equipment covered by the standard is designed to lift 
and support weights much heavier than these. Apparently substantial 
parts of the equipment are, therefore, typically capable of meeting the 
subpart M capacities. Consequently, C-DAC determined that the criteria 
in Sec. Sec.  1926.1423(g)(2)(i) and 1926.1423(g)(2)(ii) are 
appropriate and would avoid burdening employers with what it considered 
to be the unnecessary expense of obtaining engineering analyses for 
each part that would serve as an anchor. (See the discussion of these 
provisions in the preamble of the proposed rule under proposed rule 
paragraph (f) of this section, 73 FR 59802, Oct. 9, 2008.)
    One commenter suggested revising the provision to require a 
competent person to supervise the selection, use, and inspection of 
fall arrest and positioning anchorages. (ID-0178.1.) This commenter 
suggested that this revision was needed to avoid compatibility issues 
and to emphasize the competent person's planning role. OSHA declines to 
adopt the commenter's suggestion. As explained above, this provision is 
included because the suitability of substantial parts of the equipment 
for anchoring fall arrest and positioning device systems will often be 
readily apparent, and the employer will only need to seek a competent 
person's judgment if there is some question as to the anchorage's 
suitability. The revision suggested by the commenter would contravene 
this intent.
    Paragraph (g)(2)(iii) requires that attachable anchor devices 
(portable anchor devices that are attached to the equipment) meet the 
applicable anchorage criteria in Sec.  1926.502(d)(15) for personal 
fall arrest systems and Sec.  1926.502(e)(2) for positioning device 
systems. These criteria are the same as those discussed with respect to 
paragraph (g)(2) for personal fall arrest and positioning device 
systems.
    Paragraph (g)(3), Anchorages for fall restraint systems, requires 
fall restraint systems to be anchored to any part of the equipment that 
is capable of withstanding twice the maximum load that a worker may 
impose on it during reasonably anticipated conditions of use. Since 
fall restraint systems do not arrest a worker's fall (instead they 
prevent a fall from occurring), the anchorage does not need to be able 
to support the significantly greater force generated during an arrested 
fall. OSHA relies on C-DAC's determination that having the anchorage 
support twice the maximum anticipated load provides an adequate margin 
of safety when a fall restraint system is used.
    The Agency made several changes to text originally proposed as 
paragraph (f) of this section, and now designated as final paragraph 
(g) for the purposes of clarity and consistency. OSHA devoted final 
paragraphs (g)(2)(i) and (g)(2)(ii) to personal fall arrest systems and 
positioning device systems, respectively, and added references to 
Sec. Sec.  1926.502(d)(15) and 1926.502(e)(2) to specify which of the 
criteria in Sec.  1926.502 of subpart M are applicable to anchorages 
used to comply with this section. OSHA concludes these changes improve 
the clarity of the final rule. In addition, final paragraph (g) uses 
the terms ``personal fall arrest'' instead of ``fall arrest'' and 
``fall restraint systems'' instead of ``restraint systems'' to use the 
defined terms from Sec.  1926.1401 and maintain consistency with other 
construction standards.
Paragraph (h) Tower Cranes
    Paragraph (h) of this section specifies fall protection 
requirements specific to tower cranes. Note that the final rule uses 
the terminology ``erecting, climbing, and dismantling'' with regard to 
tower cranes rather than ``assembly'' and ``disassembly;'' or the term 
``erecting/dismantling'' used in the proposed rule, because this 
terminology reflects the industry's use of these terms.
Paragraph (h)(1) Work Other Than Erecting, Climbing, and Dismantling
    Paragraph (h)(1) of this section addresses fall protection 
requirements for work other than erecting, climbing, and dismantling. 
The employer is required to provide and ensure the use

[[Page 48004]]

of fall protection equipment for employees who are on a walking/working 
surface with an unprotected side or edge more than 6 feet above a lower 
level. The exceptions to this requirement would be when the employee is 
at or near draw-works (when the equipment is running), in the cab, or 
on the deck. (See the discussion of this provision in the preamble of 
the proposed rule at 73 FR 59803, Oct. 9, 2008, where it was designated 
as paragraph (g)(1)). No comments were received on this paragraph; it 
is included in the final rule without change other than its revised 
heading and redesignation from paragraph (g)(1) in the proposed rule to 
(h)(1) in the final rule.
Paragraph (h)(2) Erecting, Climbing, and Dismantling
    Proposed Sec.  1926.1423(g)(2) (redesignated Sec.  1926.1423(h)(2) 
in the final rule) specified that, for erecting/dismantling work, 
employers must provide, and ensure the use of, fall protection 
equipment for employees who are on a walking/working surface with an 
unprotected side or edge more than 15 feet above a lower level. (See 
the discussion of that provision in 73 FR 59803, Oct. 9, 2008.) OSHA 
noted in the proposed rule that C-DAC did not include the exceptions 
that were included in proposed Sec.  1926.1423(g)(1) for when the 
employee is at or near draw-works (when the equipment is running), in 
the cab, or on the deck. The Agency stated that it was unaware of any 
reason why those exceptions would not be equally applicable for Sec.  
1926.1423(g)(2), and asked for public comment on this issue (see 73 FR 
59803, Oct. 9, 2008).
    OSHA received responses from three commenters, all of whom stated 
that this exception should be added to the final rule. (ID-0187.1; -
0205.1; -0213.1.) Accordingly, OSHA has included the exception in Sec.  
1926.1423(h)(2) of the final rule.
Paragraph (i) [Reserved.]
Paragraph (j) Anchoring to the Load Line
    Paragraph (j) of this section permits an employer, under prescribed 
conditions, to anchor a fall arrest system to the hook or other part of 
a load line of a crane or derrick. Previously, Sec.  1926.502(d)(23) of 
subpart M prohibited personal fall arrest systems to be attached to 
``hoists except as specified in other subparts of this part.'' Former 
Sec.  1926.550 in subpart N did not contain any provisions specifically 
addressing this issue. Therefore, since the hook or other part of a 
load line is connected to a hoist in the crane or for the derrick, 
attaching a personal fall arrest system in this manner had been 
prohibited by subpart M.
    Prior to this rulemaking, OSHA received inquiries asking whether a 
crane's hook or load line may be used as an anchorage point for fall 
protection. Using a crane for such purpose would be particularly useful 
in many situations, especially where establishing a suitable anchor 
point would be otherwise very difficult. OSHA asked C-DAC to consider 
whether there is any reason to prohibit using a crane or derrick for 
such purpose. C-DAC determined that the hook or load line of a crane 
could be used safely as an anchor point under the conditions set forth 
in paragraph (j).\103\
---------------------------------------------------------------------------

    \103\ OSHA modified the language from the proposed rule so that 
final paragraph (j) of this section refers to a ``personal fall 
arrest system'' rather than a ``fall arrest system.'' This 
modification was made for the purpose of clarity to use the terms 
defined in Sec.  1926.1401, Definitions, and to maintain consistency 
in the construction standards.
---------------------------------------------------------------------------

    Paragraph (j)(1) allows the hook or load line to be used as an 
anchorage point when a qualified person has determined that the set-up 
and rated capacity of the crane/derrick (including the hook, load line 
and rigging) meets or exceeds the requirements in Sec.  
1926.502(d)(15). C-DAC concluded that, as long as the crane or derrick 
has sufficient capacity to meet those criteria, there is no reason to 
prohibit its use for this purpose.
    C-DAC did conclude, however, that the expertise of a qualified 
person is required to determine whether specific criteria are met when 
anchoring to the hook or load line. The criteria in Sec.  
1926.502(d)(15) were developed to ensure that fall protection 
anchorages provide adequate employee protection. Anchorages used for 
personal fall arrest systems must be capable of supporting at least 
5,000 pounds or designed, installed, and used as part of a complete 
personal fall arrest system which maintains a safety factor of at least 
two. A number of factors related to the crane's capacity in the 
particular configuration and set-up involved would need to be 
considered, including, in some cases, the angle of the fall arrest 
lanyard to the boom if a fall were to occur. In addition, the qualified 
person would need to determine whether the set-up is such that it would 
not cause an equipment failure, such as a broken cable or chain, for 
the load line to serve as an anchorage for a personal fall arrest 
system. These determinations necessarily would include consideration of 
the characteristics of the particular equipment involved and the 
limitations of its operation. OSHA agrees that a qualified person must 
determine whether the criteria are met, and has included that 
requirement in paragraph (j)(1).
    Paragraph (j)(2) requires that the equipment operator be at the 
work site and informed that the equipment is being used to anchor a 
personal fall arrest system. This would ensure that the operator is 
available to make any necessary adjustments, such as moving the boom or 
load lines. Further, in the event of an emergency that results in a 
tied-off employee being suspended from the hook or load line, the 
operator would be available to bring the worker to the ground safely.
    OSHA received three comments on the provisions relating to 
anchoring to the load line, and one member of the public submitted 
written testimony on the provisions prior to the hearing on the 
proposed rule. Two of the commenters responded positively to the 
provisions (ID-0155.1; -0203.1) and one commenter stated the provisions 
were a necessary improvement that would allow employers to provide fall 
protection in the narrow circumstances where there are no viable 
options other than the crane hook (ID-0203.1).
    The third commenter was opposed to the provisions and stated that 
anchoring to the load line should be prohibited. (ID-0178.1.) This 
commenter stated that cranes are only engineered to lift straight up 
and straight down and that retracting a hook at any other angle may jam 
or break the cable or chain, which would result in a dropped load. OSHA 
concludes paragraph (j) addresses this concern for the reasons 
discussed below.
    Written testimony submitted prior to the hearing expressed the 
concern that, under Sec.  1926.1417(e), which allows a suspended load 
to be left unattended by the equipment operator under certain 
conditions, an employee's personal fall arrest system could be anchored 
to a load line at the same time a load is unattended. (ID-0333.2.) This 
party suggested that the rule make clear that fall protection should 
never be anchored to the load line when the load is unattended.
    OSHA disagrees. In fact, the intent of Sec.  1926.1423(j) is to 
allow an employee's personal fall arrest system to be anchored to the 
load line only when there is no load suspended from the line. This is 
implicit in the requirement of paragraph (j)(1) that the qualified 
person determine that the set-up and rated capacity (including the 
hook, load line, and rigging) meets or exceeds the requirements of 
Sec.  1926.502(d)(15). If it

[[Page 48005]]

were permissible for there to be a suspended load, the parenthetical 
would include the word ``load,'' for the weight of any load would 
certainly affect the ability of the hook or load line to serve as a 
fall protection anchorage. To make the rule's intent clear, OSHA is 
adding paragraph (j)(3), which states that no load may be suspended 
from the load line, as an additional condition that must be met when 
anchoring a personal fall arrest system to the hook or load line.
Paragraph (k) Training
    In the preamble to the proposed rule, the Agency requested comments 
on its proposed training requirements. One commenter pointed out that a 
requirement for fall protection training had not been included in the 
proposed rule and is needed. (ID-0178.1.) While training is already 
required under Sec.  1926.21(b)(2),\104\ OSHA has determined that 
including a more specific training requirement regarding fall 
protection in subpart CC will highlight the requirement and facilitate 
compliance.
---------------------------------------------------------------------------

    \104\ That provision states: ``The employer shall instruct each 
employee in the recognition and avoidance of unsafe conditions and 
the regulations applicable to his work environment to control or 
eliminate any hazards or other exposure to illness or injury.''
---------------------------------------------------------------------------

    Therefore, in the final rule, paragraph (k) has been added to this 
section. It requires employers to ensure that each employee who may be 
exposed to a fall hazard while on, or hoisted by, equipment covered by 
this subpart is trained on the requirements in subpart CC that address 
fall protection and the applicable requirements of Sec. Sec.  1926.500 
and 1926.502 in subpart M. This provision supplements other applicable 
training provisions in Sec.  1926.1430 (see discussion below of Sec.  
1926.1430, Training). As noted above, OSHA has made a conforming 
amendment to Sec.  1926.500(a)(4) to make clear that the fall 
protection training requirements in Sec.  1926.503 of subpart M do not 
apply to fall protection systems used to comply with subpart CC. As a 
result, the training requirements applicable to Sec.  1926.1423 are 
found exclusively in Sec.  1926.1423(k).
General Comment
    OSHA received a comment from a safety association generally 
objecting to the adequacy of the fall protection required under this 
section. (ID-0178.1.) The commenter stated that OSHA should reference 
certain ANSI/ASSE standards addressing fall protection in construction 
work, including: ANSI/ASSE A10.32--2004, Fall Protection Systems for 
Construction and Demolition Operations; ANSI/ASSE A10.18--2007, Safety 
Requirements for Temporary Roof and Floor Holes, Wall Openings, 
Stairways, and Other Unprotected Edges; and ANSI/ASSE A10.28--1998 (R 
2004), Safety Requirements for Work Platforms Suspended from Cranes or 
Derricks. However, the commenter has not pointed to which particular 
provisions of these consensus standards it believes are appropriately 
included in this rule or that it believes would better effectuate the 
purpose of this section than those developed by C-DAC.
    As discussed above, C-DAC determined that fall protection from 
cranes and derricks presented unique problems and that this section 
should address those problems while only incorporating limited 
provisions of OSHA's general fall protection standard in subpart M. 
Upon reviewing the record, including the comments submitted by the 
commenter and others on the specific provisions contained in the 
proposal, OSHA continues to conclude this approach is appropriate. 
Absent additional information as to why OSHA should adopt or reference 
provisions in the standard the commenter has cited, OSHA is unable to 
assess whether any such provisions would better address fall protection 
issues than the provisions of this final rule.
Section 1926.1424 Work Area Control
    Section 1926.1424(a) addresses the hazard of employees being 
struck, pinched or crushed within the swing radius of the equipment's 
rotating superstructure. Paragraph (a)(1) states that the precautions 
in paragraph (a)(2) must be taken when there are accessible areas in 
which the equipment's rotating superstructure (whether permanently or 
temporarily mounted) poses a reasonably foreseeable risk of either: (i) 
striking and injuring an employee; or (ii) pinching/crushing an 
employee against another part of the equipment or another object. 
Paragraph (a)(1) is adopted as proposed.
    Included in Sec.  1926.1401, Definitions of this rule is the 
definition for ``upperworks'', which C-DAC identified as a synonym for 
the term ``superstructure'', used in the regulatory text of paragraph 
(a)(1) of this section, as well as the term ``upperstructure''.
    However, two commenters noted that the proposed definition for 
``upperworks'' did not take into consideration the fact that many 
rough-terrain cranes have the engine mounted in the carrier, or lower 
carriage of the crane, instead of the superstructure. (ID-0292.1; -
0131.1.) In response, OSHA modified the definition of ``upperworks'' to 
acknowledge that the presence of an engine is not always a defining 
characteristic of that portion of the crane.
    Under paragraph (a)(2), the employer is required to institute two 
measures to prevent employees from entering these hazard areas. 
Specifically, under paragraph (a)(2)(i), the employer must train 
employees assigned to work on or near the equipment in how to recognize 
these areas.
    Paragraph (a)(2)(ii) requires the employer to erect and maintain 
control lines, warning lines, railings, or similar barriers to mark the 
boundaries of the hazard areas, but contains an exception when such a 
precaution is infeasible. If it is neither feasible to erect such 
barriers on the ground nor on the equipment, the employer is required 
to mark the danger zone with a combination of warning signs and high 
visibility markings on the equipment that identify the hazard areas. In 
addition, the employer must train employees to understand what those 
markings signify.
    OSHA received comments advocating an exemption for cranes used in 
the railroad industry, especially cranes moving along a track. (ID-
0170.1; -0176.1; -0342.) One commenter suggested that the requirement 
for barriers was impractical for cranes moving along a track, as the 
barriers would have to be continually reset.
    These objections to the requirement for barriers are not 
persuasive. First, the requirement for barriers is not a new 
requirement. Former Sec.  1926.550(a)(9) required barricades to prevent 
employees from being struck or crushed by the crane, including the 
swing radius of the rear of the rotating superstructure. The railroad 
employers did not provide any evidence that they were unable to comply 
with the previous requirement.
    Second, the rule already anticipates that for certain equipment a 
traditional type of barrier might not be practical and instead permits 
the use of a barrier that attaches directly to, and will move with, the 
equipment.
    Finally, paragraph (a)(2)(ii) of this section permits the employer 
to identify these hazard areas with warning signs and high visibility 
markings on the equipment when it is not feasible to erect a barrier on 
the ground or the equipment.
    Therefore, paragraph (a)(2) is being promulgated as proposed.
    To prevent struck-by and crushed-by injuries and fatalities, 
paragraph (a)(3) is designed to help protect employees who must 
sometimes enter the hazard area to

[[Page 48006]]

perform work, by ensuring that there is adequate communication and 
coordination between the operator and the employee in the danger area.
    Under paragraph (a)(3)(i), before an employee goes in that area the 
employee (or someone instructed by the employee) has to ensure that the 
operator is informed that the employee is going to that location. This 
is an essential first step in preventing the operator from moving the 
superstructure and causing injury to that employee. This provision is 
adopted without change from the proposal.
    Paragraph (a)(3)(ii)(A) of this section of the proposed rule stated 
that the operator was prohibited from rotating the superstructure 
unless and until he/she gave a warning that the employee in the hazard 
area understood as a signal that the superstructure was about to be 
rotated. This was intended to give the employee time to get to a safe 
area. Alternatively, under proposed paragraph (a)(3)(ii)(B), the 
operator could rotate the superstructure if he/she was informed, in 
accordance with a prearranged system of communication, that the 
employee who was in the hazard area had moved to a safe position.
    Several commenters suggested that the compliance option in proposed 
paragraph (a)(3)(ii)(A) was insufficient to guarantee the safety of the 
employee in the hazard area. (See, e.g., ID-0122.0.) A similar issue 
was discussed in connection with Sec.  1926.1404(e) of the final rule. 
Section 1926.1404(e) addresses employees in the swing radius area or 
crush/caught-in-between zone during the assembly/disassembly process. 
(See discussion of Sec.  1926.1404(e) for additional information.)
    For the reasons discussed with regard to the issue raised under 
Sec.  1926.1404(e), OSHA has removed proposed paragraph (a)(3)(ii)(A) 
from this section, revised proposed paragraph (a)(3)(ii)(B), and 
renumbered it paragraph (a)(3)(ii).
    Paragraph (a)(3)(ii) requires the operator to get information that 
the employee has cleared the hazard area before rotating the 
superstructure. The method of communication must be one that is pre-
arranged. Examples of such a system are provided in the discussion of 
Sec.  1926.1404(e) above.
    For a full discussion of C-DAC's rationale for the provisions in 
paragraph (a), see the preamble to the proposed rule (73 FR 59803-
59804, Oct. 9, 2008).
    Proposed paragraph (b) of this section addressed situations where 
multiple pieces of equipment are located in such proximity that their 
working radii overlap. Such situations pose the danger of employees 
being pinched/crushed between the equipment and being injured as a 
result of unintended movement or collapse when pieces of equipment 
collide. To prevent such accidents, the proposal required the 
controlling entity to coordinate the operations of these pieces of 
equipment. In the event that there was no controlling entity, the 
proposal required the employers operating the equipment to institute a 
coordination system.
    A commenter asked that Sec.  1926.1424(b) be deleted, or 
alternatively, that an exemption be created for employers in the home 
building industry. (ID-0232.1.) However, this commenter did not provide 
evidence that equipment coordination is any less necessary on a 
residential job site than it is on other construction job sites. 
Another representative of the building industry also objected to 
imposing obligations on a ``controlling entity,'' but did not dispute 
the necessity of equipment coordination on construction job sites. (ID-
0214.1.) C-DAC concluded that the controlling entity, to the extent 
there is one, is in the best position to take responsibility for the 
coordination required by paragraph (b). OSHA has not been persuaded 
otherwise.
    Both commenters nominated members which served on the negotiated 
rulemaking committee. Neither of their respective nominees dissented on 
these provisions during the negotiated rulemaking meetings and neither 
organization has explained why its position is different from that of 
its nominated member. In light of this inconsistency, OSHA has given 
diminished weight to these comments.
    The C-DAC language for proposed paragraph (b) did not address a 
situation in which only one employer is responsible for the operation 
of multiple pieces of equipment. OSHA requested comment about revising 
the C-DAC language to make clear that such an employer would be 
required to institute a coordination system. No comments were received 
on this issue. OSHA has therefore revised paragraph (b) to address 
situations where one employer is operating multiple pieces of 
equipment, without a controlling entity at the jobsite.
Section 1926.1425 Keeping Clear of the Load
    This section addresses the hazards posed to employees from being 
struck or crushed by the load. (See the preamble to the proposed rule 
for a full discussion of C-DAC's rationale for the provisions in this 
section (73 FR at 59805-59806, Oct. 9, 2008).)
Paragraph (a)
    Paragraph (a) of this section requires the employer to use 
available hoisting routes that minimize employee exposure to hoisted 
loads to the extent consistent with public safety. No comments were 
received on this provision; it is promulgated as proposed.
Paragraph (b)
    Paragraph (b) of this section specifies that employees cannot be in 
the fall zone when the equipment operator is not moving a suspended 
load, with limited exceptions as described in paragraphs (b)(1)-(3).
    Fall zone is defined in Sec.  1926.1401 as ``the area (including 
but not limited to the area directly beneath the load) in which it is 
reasonably foreseeable that partially or completely suspended materials 
could fall in the event of an accident.'' The fall zone thus includes 
both the area directly under the load as well as other areas into which 
it is reasonably foreseeable that suspended materials could fall. For 
example, if wind is causing the load to swing, the employer would need 
to consider the extent to which the load is swinging or may swing in 
determining the extent of the fall zone. Another example is where a 
bundle of materials is suspended, and some loose materials at the top 
of the bundle may slide off sideways. In such a case those materials 
would foreseeably fall outside the area directly beneath the load.
    Paragraph (b)(1) permits employees engaged in hooking, unhooking or 
guiding a load to be within the fall zone while engaged in these 
activities. No comments were received on this paragraph; it is 
promulgated as proposed.
    Paragraph (b)(2) permits employees engaged in the initial 
attachment of the load to a component or structure to be within the 
fall zone. One example of this activity is: A subassembly of steel 
members is hoisted for attachment to a structure. When initially 
attaching the lower portion of that subassembly, an employee is within 
the fall zone of the load. In this example, the employee engaged in the 
initial attachment of the subassembly to the structure would be 
permitted to be within the fall zone; that work cannot be done 
otherwise. No comments were received on this paragraph; it is 
promulgated as proposed.
    Paragraph (b)(3) allows workers to be present in the fall zone when 
operating a concrete hopper or concrete bucket. The employee operating 
the hopper or bucket is necessarily in the fall zone

[[Page 48007]]

since the hopper or bucket is suspended while the employee operates the 
releasing mechanism.
    One commenter suggested adding a requirement that there be a 
competent supervisor for these operations and a requirement for 
employee training for activities covered by paragraph (b)(3). (ID-
0120.1.) However, that commenter did not provide an explanation of how 
this would increase safety for the employee or any support for such 
additional requirements. Nor did the commenter identify any reason why 
the activities covered by paragraph (b)(3) would require different or 
additional supervision or training requirements than the activities 
covered by paragraphs (b)(1) or (b)(2). C-DAC did not recommend any 
additional supervision or training requirements for paragraph (b)(3), 
and OSHA is not persuaded that there is a safety justification for 
deviating from C-DAC's determination. Therefore, this paragraph is 
promulgated as proposed.
    A representative of the building industry suggested in its comment 
that an exception should be added for dedicated spotters and fall 
monitors. (ID-0232.1.) This marks a change from the position of that 
organization's nominated representative during the negotiated 
rulemaking. (See discussion of this organization's comments under 
paragraph (c) of this section.) C-DAC did not conclude that an 
exception for spotters and fall monitors was warranted, and the NAHB 
did not present evidence to persuade OSHA otherwise. OSHA defers to the 
expertise of the Committee and this paragraph is promulgated as 
proposed.
Paragraph (c)
    Paragraph (c) of this section deals with the work activities 
addressed in Sec. Sec.  1926.1425(b)(1) and (b)(2). These requirements 
were necessary to ensure employee safety, given the additional risks 
posed while employees are performing those tasks in the fall zone.
    Paragraph (c)(1) requires that the load be rigged to prevent 
unintentional displacement, so that workers in the fall zone are less 
likely to be struck by shifting materials. No comments were received on 
this paragraph; it is promulgated as proposed.
    Paragraph (c)(2) requires the use of hooks with self-closing 
latches or their equivalent, to prevent accidental failure of the 
hooks. However, the use of ``J'' type hooks is permitted for setting 
wooden trusses. This exception is designed to enable the truss to be 
unhooked without the need for an employee to go out on the truss. This 
avoids the additional exposure to fall hazards that would otherwise 
occur from going out on the truss to release a latched hook.
    OSHA received a comment from the building industry requesting that 
the exception permitting the use of J-hooks when lifting trusses be 
extended to lifting wall panels as well; it asserts that the same 
additional exposure to fall hazards would be present. (ID-0232.1.)
    This commenter nominated a member who served on the negotiated 
rulemaking committee. The member did not dissent during the negotiated 
rulemaking to this provision. The commenter has not explained why it 
has changed its position on this issue or why its current position 
differs from that of its nominated member. In light of this 
inconsistency, OSHA has given diminished weight to its comment.\105\
---------------------------------------------------------------------------

    \105\ A further basis for according diminished weight to this 
comment is that this commenter had a direct channel for presenting 
its interests to the committee--its nominee member--and a 
presumptive ability to direct its member's negotiating position. 
When such an organization submits negative comments to the proposed 
rule opposing both its own member's negotiating position and the 
committee's consensus, it undermines the negotiating process in a 
similar manner as when a member contravenes the ground rules. The 
integrity of the negotiating process is central to effectuating the 
purpose of the Negotiated Rulemaking Act of 1990.
    The Agency also notes that, in future negotiated rulemakings, 
one of the factors that it plans to consider in assessing 
nominations submitted by organizations is whether the nominee can 
demonstrate that he/she has documented authority to bind the 
organization to agreements and the position the nominee takes in 
such negotiated rulemaking.
---------------------------------------------------------------------------

    In addition, OSHA notes that there are two important distinctions 
between setting roof trusses and setting wall panels. First, there is 
no need for a worker to be exposed to a fall hazard to detach a hook 
with a self-closing latch from a wall panel. Once the wall panel has 
been set, a worker can readily reach the hook from a ladder on the 
interior side of the panel. Second, wall panels typically often weigh 
more than wooden roof trusses; they pose both struck-by and crushed-by 
risks to workers if the hook becomes prematurely detached from the 
load. Such unintended detachment is more likely to occur with a J-hook 
because it lacks a hook gate.
    One commenter suggested that the exception for J-hooks should 
include requirements for training and rigging. (ID-0218.1.) This 
commenter acknowledged that the use of J-hooks is prevalent in the 
industry, and indicated that the specialized training and rigging 
requirements it was proposing were intended to protect the component 
being lifted. The commenter did not suggest that its proposed 
requirements would enhance employee safety. Therefore, this paragraph 
is promulgated as proposed.
    Paragraph (c)(3) requires the use of a qualified rigger \106\ in 
the rigging of materials in the situations addressed by paragraph (c). 
Proper rigging reduces the risk for workers who must perform work in 
the fall zone. No comments were received on this provision; it is 
promulgated as proposed.
---------------------------------------------------------------------------

    \106\ Section 1926.1401 defines a ``qualified rigger'' as a 
rigger who meets the criteria for a qualified person.
---------------------------------------------------------------------------

Paragraph (d) Receiving a Load
    Paragraph (d) prohibits all employees except those needed to 
receive a load from being in the fall zone when it is being landed. No 
comments were received on this provision; it is promulgated as 
proposed.
Paragraph (e)
    Paragraph (e) concerns tilt-up and tilt-down operations. In these 
operations, one end of a component, such as a precast panel, is either 
raised, tilting the component up, usually from a horizontal position 
(often on the ground) to a vertical position; or lowered, tilting the 
component down, usually from a vertical position to a horizontal 
position on the ground or other surface. Note that the requirements in 
this paragraph do not apply when receiving a load.
    As with any other suspended load, it is dangerous to be directly 
beneath the load because of the possibility of a failure or error that 
would cause the load to fall or be accidentally lowered onto an 
employee. To minimize the risk of such accidents, paragraph (e)(1) of 
this section provides that no employee must be directly under the load 
during a tilt-up or tilt-down operation. Section 1926.1401 defines 
``directly under the load'' to mean ``a part or all of an employee is 
directly beneath the load.'' No comments concerning this provision were 
received; therefore, it is promulgated as proposed.
    While paragraph (e)(1) prohibits employees directly under the load, 
paragraph (e)(2) of this section provides an allowance for employees to 
be in the fall zone (but not directly under the load), when those 
employees are ``essential to the operation'' during a tilt up or tilt 
down operation.
    In the preamble to the proposed rule, the Agency provided a list of 
activities it determined to typically be infeasible to do outside the 
fall zone and therefore an employee would be in the fall zone for these 
activities. The Agency requested public comment on whether there were 
additional activities that

[[Page 48008]]

would be infeasible to do from outside the fall zone, and whether it 
would be appropriate to add a definition of ``essential to the 
operation'' to the standard.
    One commenter responded, asserting that the phrase ``essential to 
the operation'' does not need to be defined. (ID-0205.1.)
    No commenters disagreed with the three scenarios listed in the 
preamble to the proposed rule describing instances where an employee is 
``essential to the operation'' and must be within the fall zone. 
However, one commenter suggested adding to the list the activities of 
making initial connections and securing bracing. (ID-0205.1.)
    OSHA believes that those two additional tasks--making initial 
connections and securing bracing--fall within part of the third 
scenario listed in the proposed rule preamble (i.e., to ``* * * 
initially attach [the load] to another component or structure'').
    For clarity, OSHA has decided to modify paragraph (e)(2) by adding 
the operations listed in the proposed rule and including the 
recommendation of the commenter.
    One comment suggested that there might be some conflict between the 
NOTE in this section, Sec.  1926.1426, and Sec.  1926.1433(b)(4). The 
discussion of that comment may be found in the portion of the preamble 
addressing Sec.  1926.1426 of the final rule.
Section 1926.1426 Free Fall and Controlled Load Lowering
    This section addresses the hazards that can arise from free fall of 
the boom (live boom) during lifts. Live booms are those in which the 
rate of lowering can be controlled only by a brake; a failure of the 
brake will result in a free fall (i.e., unrestricted lowering) of the 
boom. In contrast, for equipment that has a boom that is not ``live,'' 
there is a mechanism or device other than the brake which slows the 
boom's lowering speed.
    The uncontrolled lowering of a boom could result in an accident 
which could injure or kill workers in proximity to the load or hoisting 
equipment. This section prohibits use of live booms in most 
circumstances. An exception is provided in limited conditions that do 
not pose hazards for employees with respect to the use of older 
equipment manufactured before October 31, 1984. See discussion in Sec.  
1926.1426(a)(2)(i) below.
    Additionally, this section specifies the circumstances under which 
free fall of the load line is prohibited at Sec.  1926.1426(d).
Paragraph (a) Boom Free Fall Prohibitions
    Under paragraph (a)(1) of this section, the use of equipment in 
which the boom is designed to free fall is prohibited under six 
specified conditions.
    Paragraph (a)(1)(i) prohibits the use of a live boom when an 
employee is in the fall zone of the boom or load (see the explanation 
of ``fall zone'' in the discussion above of Sec.  1926.1425(b)). 
Section 1926.1425, Keeping clear of the load, of this standard 
recognizes that there are some situations in which certain employees 
need to be positioned in the fall zone to perform their assigned 
duties. However, when equipment with a live boom is in use, the 
likelihood that an employee would sustain a serious injury or be killed 
by a free fall is very high when an employee is in the fall zone of the 
boom or load.
    Paragraph (a)(1)(ii) prohibits use of a live boom when an employee 
is being hoisted by equipment. If a hoisted employee was dropped in an 
uncontrolled fall, the likelihood of a serious injury would be high.
    No comments were received for paragraphs (a)(1)(i) or (ii); they 
are promulgated as proposed.
    Paragraph (a)(1)(iii) as set forth in the proposed rule, would have 
prohibited the use of a live boom where the load or boom is directly 
over a power line, or over any part of the area extending the Table A 
of proposed Sec.  1926.1408 clearance distance to each side of the 
power line. The diagram below illustrates a situation in which a load 
on a live boom is over the area extending the Table A clearance 
distance to each side of the power line:
[GRAPHIC] [TIFF OMITTED] TR09AU10.000

    As discussed above in relation to Sec. Sec.  1926.1407 through 
1926.1411, equipment making electrical contact with power lines is one 
of the primary causes of equipment-related deaths on construction sites 
and, to prevent such contact, those sections would require equipment to 
maintain minimum distances from power lines.
    In the proposed rule, OSHA determines that there are circumstances 
where neither the boom nor the load are directly over the power line or 
Table A clearance distance, but where the power line or the Table A 
clearance distance is within the fall path of the boom or load. This 
circumstance is depicted in the following illustrations:

[[Page 48009]]

[GRAPHIC] [TIFF OMITTED] TR09AU10.001

[GRAPHIC] [TIFF OMITTED] TR09AU10.002

    In Illustration A, neither the boom nor the load is above the power 
line or any part of the Table A zone. However, if the boom were to 
fall, the boom would cross into the Table A zone. In Illustration B, 
neither the boom nor load is above the power line or any part of the 
Table A zone. However, if the boom were to fall, the load would cross 
into the Table A zone.
    OSHA requested comment in the proposed rule as to whether Sec.  
1926.1426(a)(1)(iii) should be modified to also prohibit the equipment 
from being positioned such that the fall path of the boom or load would 
breach the Table A of Sec.  1926.1408 clearance distance. This 
requirement was proposed to prevent the boom, hoist line, or load from 
contacting an energized power line and carrying the electric current 
back through the equipment. One commenter, in two comments, agreed with 
the proposed change. (ID-0052.0; -0092.1.) No commenters disagreed.
    Therefore, OSHA has modified Sec.  1926.1426(a)(1)(iii) to prohibit 
free fall (live boom) where the power line or the Table A clearance 
distance is within the fall path of the boom or the load.
    Paragraph (a)(1)(iv) prohibits use of a live boom where the load is 
over a shaft. Employees in a shaft receiving a load are at high risk of 
death or injury from a free falling boom as the shaft severely limits 
the ability to avoid the falling boom. Because this hazard only exists 
when there is an employee in the shaft, OSHA has specified in Sec.  
1926.1426(a)(1)(iv) of the final rule that the live boom prohibition 
only applies when at least one employee is in the shaft. This language 
is different from the language of Sec.  1926.1426(a)(1)(v), regarding 
cofferdams, because a shaft is typically a smaller work space than a 
cofferdam, thus, a shaft under a load is necessarily in the fall zone 
of the boom or the load.
    Paragraph (a)(1)(v) prohibits free fall of a boom when the load is 
over a cofferdam, except where there are no employees in the fall zone 
of the boom or load. Much like employees who must receive a suspended 
load in a shaft, employees have limited ability to escape a free 
falling boom or load in a cofferdam. However, cofferdams are typically 
much larger work spaces than shafts, the fall zone of a falling boom or 
load may only affect one part of the cofferdam. Therefore, this 
provision only applies when employees are in the fall zone of the boom 
or load.
    OSHA noted an ambiguity in proposed Sec.  1926.1426(a)(1)(v). The 
exception referred only to ``the fall zone''; OSHA determines that--to 
make this provision consistent with Sec.  1926.1426(a)(1)(i) 
(prohibiting the use of live booms when an employee is in the fall zone 
of the boom or the load)--the words ``of the boom or load'' should be 
added to the language proposed for Sec.  1926.1426(a)(1)(v).
    Paragraph (a)(1)(vi) prohibits use of a live boom for lifting 
operations in a refinery or tank farm. A free falling boom could strike 
pipes or a tank in a refinery or tank farm. Such accidental impact 
could cause a release of toxic materials or conflagration. No comments

[[Page 48010]]

were received for this provision; it is promulgated as proposed.
    Paragraph (a)(2) of this section is the exclusive list of 
conditions under which the use of cranes with live booms is permitted. 
C-DAC found that cranes with live booms can be used safely under some 
circumstances and did not determine that the cost of replacing or 
retrofitting all such equipment is justified as long as the use of live 
boom equipment is limited to these conditions. However, none of the 
conditions outlined in Sec.  1926.1426(a)(1) may be present.
    Paragraph (a)(2)(i) allows the use of equipment with a live boom if 
that equipment was manufactured prior to October 31, 1984, and none of 
the circumstances listed in Sec.  1926.1426(a)(1) are present. ANSI 
B30.5 first prohibited live booms in the 1972 version and reiterated 
the prohibition in the 1982 edition, which was published on October 31, 
1983, and became effective on October 31, 1984.
    OSHA concludes that manufacturers would have begun to phase out 
live-boom equipment when ANSI first prohibited its use in 1972 and that 
few, if any, live boom equipment would have been manufactured after 
October 31, 1984. Moreover, during this period, hydraulic hoisting 
equipment, the design of which typically precluded boom free fall even 
in its early designs, became more prevalent.
    In light of these factors, the Agency concludes that most equipment 
manufactured after October 31, 1984, would not have live booms. Section 
1926.1426(a)(2) thus allows the older live boom equipment to be phased 
out safely by restricting its use to situations in which none of the 
circumstances listed in Sec.  1926.1426(a)(1) are present. However, 
OSHA added a new provision to this paragraph that considers live-boom 
equipment manufactured on or after October 31, 1984, and meeting the 
requirements of paragraph (b) of this section, not to be subject to the 
limitations of paragraph (a) of this section. OSHA considers such 
equipment, when so modified, to be as safe as any equipment modified 
under the requirements of paragraph (b).
    Paragraph (a)(2)(ii) allows use of a live boom if the equipment is 
a floating crane/derrick or is a land crane/derrick on a vessel/
flotation device and none of the circumstances listed in Sec.  
1926.1426(a)(1) are present. The Committee found, and OSHA agrees, that 
equipment used on the water commonly has a live boom because the 
dynamics of load transfer while on water (from side to side), as well 
as unexpected wave action can cause rapid changes in list and trim, 
which sometimes necessitates that the operator have a free fall boom 
system to compensate for these effects. Non-live systems are not fast 
enough for this purpose. At the public hearing, a witness from the 
maritime industry said that the ``unique tasks [associated with 
operating cranes on the water] have often required and will continue to 
require a modification of existing cranes and derricks so that they can 
safely accomplish these specialized applications.'' (ID-0345.41.)
    As a result, the Agency concludes that there is no need to modify 
this provision; it is promulgated as proposed.
    One commenter suggested there is a conflict between the Sec.  
1926.1426(a) allowance for the limited use of free falling booms and 
Sec.  1926.1433(b)(4) incorporation of the ASME standard prohibition on 
the use of free falling booms. (ID-0053.1.)
    Section 5-1.3.1 of ASME B30.5-2004 has a paragraph (b), which 
contains its own text, as well as two subsidiary paragraphs, enumerated 
(1) and (2), each of which also contains text. The ASME prohibition 
against live booms is in the text of paragraph (b) of ASME B30.5-2004 
sec. 5-1.3.1. Free fall is not mentioned in subsidiary paragraphs 
(b)(1) or (b)(2) of ASME B30.5-2004 sec. 5-1.3.1.
    Section 1926.1433 incorporates the concepts in only subsidiary 
paragraphs (b)(1) or (b)(2) of ASME B30.5-2004 sec. 5-1.3.1; it does 
not incorporate the portions of paragraph (b) of ASME B30.5-2004 sec. 
5-1.3.1 that would conflict with Sec.  1926.1433. There is, therefore, 
no conflict between Sec. Sec.  1926.1426(a) and 1926.1433(b)(4).
    Paragraph Sec.  1926.1426(a)(2) is promulgated as proposed.
Paragraph (b) Preventing Boom Free Fall
    Paragraph (b) of this section establishes criteria for the boom 
hoist on equipment with a boom designed to free fall. Paragraphs (b)(1) 
through (b)(4) specify the mechanisms or devices that a boom hoist can 
utilize as a secondary means to prevent boom free fall when the primary 
system fails. C-DAC determined that each of these were effective means 
of preventing boom free fall, and OSHA agrees. The addition of a listed 
secondary mechanism or device to prevent the fall of the boom changes 
the characteristics of equipment designed with a live boom, decreasing 
the risk of injury to employees. Therefore, if equipment has a boom 
hoist with a secondary mechanism or device listed in paragraphs (b)(1) 
through (4), it is not considered a live boom for purposes of the 
limitations of (a) of this section. No comments were received on these 
provisions; they are promulgated as proposed.
Paragraph (c) Preventing Uncontrolled Retraction
    Paragraph (c) of this section requires hydraulic telescoping booms 
(which are also referred to as hydraulic extensible booms) to have an 
integrally mounted holding device to prevent the boom from retracting 
in the event of hydraulic failure.
    The C-DAC draft of this provision stated that the purpose of this 
device was ``to prevent boom movement in the event of hydraulic 
failure.'' OSHA determines that this language was unintentionally broad 
in that it refers to any ``boom movement.'' In the proposed rule, OSHA 
modified the language to state that the purpose of the integrally 
mounted holding device is ``to prevent the boom from retracting'' in 
the event of hydraulic failure and requested public comment on this 
change.
    Two commenters agreed with the modification and no commenters 
disagreed. (ID-0205.1; -0213.1.) The text of Sec.  1926.1426(c) is 
therefore promulgated as proposed.
Paragraph (d) Load Line Free Fall
    Paragraph (d) of this section lists the circumstances under which 
free fall of the load line hoist is prohibited, and controlled load 
lowering must be used. ``Free fall (of the load line)'' is defined in 
Sec.  1926.1401 to mean ``where only the brake is used to regulate the 
descent of the load line (the drive mechanism is not used to drive the 
load down faster or retard its lowering).'' ``Free fall'' is contrasted 
with ``controlled load lowering,'' which Sec.  1926.1401 defines as 
``lowering a load by means of a mechanical hoist drum device that 
allows a hoisted load to be lowered with maximum control using the gear 
train or hydraulic components of the hoist mechanism. Controlled load 
lowering requires the use of the hoist drive motor, rather than the 
load hoist brake, to lower the load.''
    As with free fall of the boom, free fall of the load line hoist 
presents a struck-by hazard to employees. One difference is that free 
fall of the load line endangers a smaller area than boom free fall. 
When a boom free falls, its tip (and any attached load) moves both 
downward and outward. Because the load will be moving in at least two 
directions simultaneously, the area that will be affected by the fall 
is larger than the affected area from a load line free fall.

[[Page 48011]]

    In contrast, if a load line free falls, the load will tend to fall 
in a relatively straight path downward (as long as the boom is not 
being moved and the load is not significantly affected by winds). Thus 
the area affected will typically be smaller. As a result the 
prohibitions for load line free fall are less than those affiliated 
with boom free fall. No comments were received on paragraphs (d)(1) or 
(d)(2); they are promulgated as proposed.
    Proposed paragraph (d)(3) stated that the use of load line hoist 
free fall is prohibited when the load is directly over a power line, or 
over any part of the area extending the Table A clearance distance to 
each side of the power line. OSHA requested comment on whether proposed 
Sec.  1926.1426(d)(3) should be modified to also prohibit the equipment 
from being positioned where the fall path of the load would breach the 
Table A clearance distance. One commenter, in two comments agreed with 
the change and no commenters disagreed. (ID-0052.0; -0092.1.)
    Since this modification is consistent with the purpose of the 
provision, OSHA has included this revised language in the final rule; 
Sec.  1926.1426(d)(3) to prohibit load line free fall where the power 
line or the Table A clearance distance is within the fall path of the 
load.
    Proposed paragraph (d)(4) stated that load line free fall is 
prohibited when the load is over a shaft or cofferdam. OSHA noted that, 
unlike the prohibition against live booms in Sec.  1926.1426(a)(1)(v), 
proposed paragraph (d)(4) contained no exception regarding cofferdams 
in which there are no employees in the fall zone. OSHA requested 
comment on whether proposed Sec.  1926.1426(d)(4) should include the 
same exception included in Sec.  1926.1426(a)(1)(v). Two commenters 
agreed with the modification and no commenters disagreed. (ID-0205; -
0213.) Because the fall zone of a free falling load line is typically a 
smaller area than the fall zone of a free falling boom, the Agency is 
unaware of any reason to include the exception in Sec.  
1926.1426(a)(1)(v) for live booms but omit it for load free fall. 
Therefore, in the final rule, OSHA has modified the language in 
proposed Sec.  1926.1426(d) by separately addressing shafts and 
cofferdams, and adding an exception for the latter.
Section 1926.1427 Operator Qualification and Certification Introduction
    Section 1926.1427 addresses the safety problems that result if 
equipment operators lack the knowledge and skills necessary to perform 
their duties safely. In C-DAC's collective experience, operator error 
plays a role in a significant percentage of fatal and other serious 
crane accidents because operators are not familiar with the precautions 
needed to protect against hazards such as power line contact, crane 
overloading and collapse, and loss of control of the load. C-DAC 
concluded that a verified testing process is essential for ensuring 
that crane operators have the requisite knowledge and skills and that 
requiring crane operators to successfully complete such a process would 
be an effective and efficient way to reduce crane-related accidents.
    In the proposed rule, OSHA noted that C-DAC's finding in this 
regard was supported by a study conducted over a 34-year period (1969-
2002) by the Construction Safety Association of Ontario that showed a 
substantial decrease in crane and rigging fatalities in Ontario 
beginning in 1979, when mandatory training and certification 
requirements for Ontario crane operators went into effect. (ID-0009.) 
In the ten-year period from 1969 through 1978, before Ontario's 
requirements went into effect, 85 Ontario construction workers suffered 
crane and rigging fatalities, amounting to 8.5 per year, or 19.8% of 
all construction fatalities in Ontario. In the 24-year period from 1979 
through 2002, there were 51 crane and rigging fatalities, or slightly 
more than two per year. For this period, crane and rigging fatalities 
equaled 9.6% of all Ontario construction fatalities. In the 12-year 
period from 1991 through 2002, the total number of crane and rigging 
fatalities was 9, or fewer than one per year. During this period, crane 
and rigging fatalities amounted to 4.1% of total construction 
fatalities. This study supports C-DAC's conclusion that third-party 
certification is an effective means of promoting safe crane 
operations.\107\
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    \107\ The Ontario system requires prospective or current crane 
operators (referred to in Ontario as ``hoisting engineers'') to 
either successfully complete an apprenticeship program or 
demonstrate sufficient previous experience before seeking 
certification as a hoisting engineer. The apprenticeship program 
includes in-school training in a number of topics determined by the 
Ministry of Education, a practical examination administered at 
Ministry-designated sites, and a written examination administered by 
the Ministry. Upon passing this examination and proving completion 
of the requisite work hours, an apprentice receives a certificate of 
qualification as one of three types of hoisting engineer from the 
Ministry. (ID-0010.)
    Hoisting engineers already qualified elsewhere must also obtain 
a certification from the Ministry to operate cranes in the province. 
These candidates must sit for the written examination and complete 
the practical skills assessment required for qualification of 
apprentices, but may demonstrate sufficient previous experience 
instead of completing the number of work/training hours required by 
the apprenticeship program, to receive a certificate of 
qualification from the Ministry in one of the three hoisting 
engineer categories. (ID-0011.)
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    The rulemaking record contains additional support for C-DAC's 
conclusion. A study of crane accidents in California both before and 
after that State adopted a mandatory certification requirement shows a 
significant drop in crane-related fatalities and injuries after the 
certification requirement went into effect on May 31, 2005. (ID-
0205.1.) For the three years prior to that date, California experienced 
ten fatal accidents, while in the next three years, only two fatal 
accidents occurred. The number of injury cases declined from 30 to 13 
over the same two periods. The California data supports that from 
Ontario and demonstrates that significant safety benefits can be 
expected from a requirement for third-party certification.
    The rulemaking record also contains substantial evidence regarding 
the need for continued application of State and local laws. As several 
commenters explained, State and local licensing requirements are backed 
by the police power of that government. For example, New York law 
states that the operation of a crane without a valid license in New 
York City is a misdemeanor punishable by fines and imprisonment. (NYC 
Administrative Code Sec. Sec.  28-405.1; 28-203.1.) Moreover, states 
have the power to revoke previously issued licenses under appropriate 
circumstances. (ID-0171.1.) In contrast, OSHA's enforcement of 
certification or other qualification requirements would be limited in 
most cases to a citation to an employer. Based on the record as a 
whole, the Agency concludes that cooperative Federal-State enforcement 
will increase the effectiveness of the new standard. See also 
discussion of federalism in section V.D of this preamble.
    The certification requirements in the final rule are therefore 
designed to work in conjunction with State and local laws, and to 
afford employers several options for ensuring operator abilities in 
areas where there are no State or local operator licensing 
requirements. For operation of equipment within jurisdictions where a 
State or locality licenses crane operators, and the government entity's 
licensing program meets certain criteria, OSHA is requiring operators 
(with the exception of operators that are employees of and operating 
equipment for the U.S. military) to be licensed by that government 
entity. For operation in other areas, employers will have three

[[Page 48012]]

options for certification or qualification of their operators. Each of 
these options will be explained and discussed in detail below. They 
are:
    1. Be certified by passing an examination administered by an 
accredited testing organization.
    2. Be qualified through the employer's in-house, but independently 
audited, testing program.
    3. Be qualified by the United States military.
    While OSHA is requiring compliance with State and local licensing 
laws immediately upon the effective date of this standard in 
recognition of the existing force and effect of those laws, OSHA is not 
requiring certification or qualification under the three options listed 
above until four years from the effective date of this standard. 
Moreover, there are limited exceptions to all of the licensing and 
certification requirements, as specified in Sec.  1926.1427(a). Even 
after the four-year phase-in period of the general certification 
requirements, OSHA will continue to allow non-certified operators to 
operate the equipment as operators-in-training in accordance with Sec.  
1926.1427(f), discussed below.
    Of the three options available in the absence of State or local 
licensing laws, Option (3) of this section is available only to the 
United States military for qualification of its employees. Further, as 
discussed below, a number of commenters stated that Option (2) of this 
section was not viable for many employers. However, Option (1) of this 
section is available to all employers and will be the one that is most 
widely used. Therefore, most of the public comments and evidence 
presented at the hearing addressed Option (1).
    At the hearing, a witness for an accredited testing organization 
testified that the certification process embodied in Option (1) 
originated in the 1990s when private industry groups began an effort to 
improve crane safety. The witness explained that the industry 
representatives involved with the organization are drawn from such 
groups as contractors, crane rental firms, labor unions, owners, steel 
erectors, manufacturers, construction firms, training consultants, and 
insurance companies. (ID-0343.) The witness also explained that exam 
management committees meet throughout the year to ensure the continuing 
fairness and integrity of the testing process. Finally, the witness 
explained that certification promotes safety by ensuring that the 
training an individual has received has succeeded in giving that 
individual the knowledge and skills to operate a crane safely. (ID-
0343.)
    Many commenters and witnesses at the public hearing expressed 
support for the proposed rule's approach of requiring third party 
verification of an operator's qualifications and for the range of 
options presented. A national safety organization expressed support for 
the provision to ensure qualification and certification of operators. 
(ID-0178.1.) A trade association stated that third party oversight was 
critical to create an effective and legitimate testing process and to 
ensure that the training portion did not have undue influence on the 
testing process. (ID-0205.1.)
    Similarly, another commenter supported the proposed Q/C 
requirements, emphasizing the importance of independent certification 
of an operator's skill and knowledge by an accredited nationally 
recognized third-party entity or organization. (ID-0169.1.) Similar 
views were expressed by other commenters. (ID-0158.1; -0160.1; -0173.1; 
-0192.1; -0196.0; -0211.1; -0212.1; -0220.1; -0225.1; -0228.1; -
0241.1.)
    A number of witnesses at the public hearing also supported the 
proposed requirement for third-party verification. A representative 
from a crane rental company said that, although they incur additional 
cost to prove certification, they consider that cost an investment in 
the safety of their employees. (ID-0344.) A major crane user observed 
both certified and non-certified operators and found that the certified 
operators operated far more safely because of the more comprehensive 
training required to become certified. (ID-0344.)
    An insurance company representative and former crane operator 
stated that his company believes that employers who certify their 
operators have fewer accidents and that, as a result, his firm offers 
companies it insures a ten percent discount if they have their 
operators certified. (ID-0343.) The representative believed that the 
cost of certification was modest when compared to the cost of 
accidents. (ID-0343.) A representative from a crane rental company 
testified that preparing for the certification process allowed his 
company to improve their operators' knowledge and ability to operate 
cranes safely. (ID-0343.) A representative from a steel erection 
company agreed that certification is important to both insurance 
companies and employers because certification gives employers peace of 
mind and reduces insurance costs. (ID-0344.)
    Some commenters and witnesses opposed the proposed rule's 
requirement for qualification or certification of operators. A trade 
association commented that the requirements would not improve safety 
more than having trained, qualified operators because many of the 
operators in recent accidents were certified. (ID-0151.1.) The 
commenter also questioned whether sufficient analysis had been done to 
show that the proposed requirements would improve the safety of crane 
operations. This commenter believed that the current requirement (Sec.  
1926.20(b)(4)) for equipment operators to be qualified by training or 
experience was sufficient. A witness from a similar trade association 
expressed a similar view, stating that training, not certification, is 
the answer to safe crane operations. (ID-0343.)
    A representative of the building industry thought the requirements 
were too restrictive and stated that OSHA failed to show that the 
limited requirements would substantially reduces the risk of accidents 
while other alternatives would not. (ID-0232.1.) The commenter asked 
that its members have the option to self-evaluate their operators after 
they have gone through a specified training program in lieu of the 
third-party certification that would be required under proposed Option 
(1) of this section for cranes of less than 35 ton capacity with a boom 
length no greater than 120 feet. A witness who appeared on behalf of 
the commenter criticized the proposal for imposing the same 
requirements on employers engaged in residential construction as those 
in commercial construction and said training and certification 
requirements should be crane and industry specific. (ID-0341.)
    Another trade association similarly recommended that its members be 
given the ability to self-certify their operators. (ID-0218.1.) A small 
business representative asked OSHA to assess whether it is feasible to 
allow small employers to ``self-certify'' that an operator is trained 
and competent to operate the equipment and perform the tasks being 
conducted.\108\ (ID-0147.1.) A trade association suggested that OSHA 
consider the feasibility of allowing small employers to ``self-
certify'' that their operators are trained and competent to operate the 
equipment and perform their assigned tasks. (ID-0187.1.) Another trade 
association believed that mandatory self-certification was a feasible 
option for operators of what it characterized as ``light-duty'' cranes 
used by its members. (ID-0189.1.)
---------------------------------------------------------------------------

    \108\ The commenter, however, also acknowledged that there are 
small businesses that are in favor of third-party certification. 
(ID-0147.1.)
---------------------------------------------------------------------------

    An energy association argued that firms engaged in wind turbine

[[Page 48013]]

construction should be permitted to self-certify their crane 
operators.- (ID-0329.1.) The commenter stated that construction of wind 
turbines requires the use of the largest and most complex cranes 
available, and that some of its members had found that some operators 
certified by NCCCO were not truly qualified to operate those cranes. It 
therefore believed that firms in its industry should be able to self-
qualify their crane operators, but objected to the need for employers 
in its industry who use Option (2) of this section to be required to 
use the services of an auditor. The commenter said it did not believe 
that there would be properly trained and qualified people available to 
audit the wind industry. Instead of requiring auditors, the commenter 
suggested that OSHA add to the find rule additional, detailed criteria 
that an employer-sponsored program must contain to be acceptable.
    OSHA rejects the suggestions of the commenters who argued that 
employers should have the option of determining that their operators 
are qualified without any form of third-party verification. Based on 
the rulemaking record, OSHA is persuaded that the third-party 
requirements in the proposed rule are an essential element in improving 
crane safety. The members of C-DAC, who had vast collective experience 
in all aspects of crane operations, reached a consensus (with two 
members dissenting) \109\ that third-party verification was needed to 
reduce the number of crane accidents and fatalities in the construction 
industry. Their consensus was supported by a number of commenters, 
including some employers who have already had their operators certified 
through a third-party process and have found certification to be a 
useful and cost-effective means of promoting safety.\110\ The reliance 
of the insurance industry on third-party verification as such an 
indicator of reduced risk that it warrants reduced premiums, is further 
evidence of its value. Moreover, the fact that safety-conscious members 
of private industry voluntarily helped to develop a third-party 
certification process before there was a government mandate to do so is 
further evidence that certification promotes safety.
---------------------------------------------------------------------------

    \109\ As explained in the Introduction, under C-DAC ground 
rules, a ``consensus'' was reached on an issue if there were no more 
than two non-Federal dissenters.
    \110\ It is also supported by the data from Ontario and 
California showing that third-party certification can significantly 
reduce crane-related fatalities and injuries, discussed below.
---------------------------------------------------------------------------

    As discussed earlier, a number of commenters urged OSHA to require 
training rather than certification. But training alone is insufficient 
without a means of verifying that each operator understands the 
training well enough to operate safely and is sufficiently skilled to 
implement what he/she has been taught. As Graham Brent, Executive 
Director of NCCCO put it at the hearing, ``[c]ertification * * * is an 
employer's, as well as the general public's, best assurance that the 
required training has not only been effective, but that learning has 
taken place during the training process.'' (ID-0343.) OSHA's current 
training standard has not prevented the high number of crane-related 
fatalities and serious injuries that have been occurring as a result of 
improper operation.
    OSHA acknowledges that many employers have effective training 
programs and highly competent crane operators. However, the rulemaking 
record shows that a training requirement alone is insufficient to 
ensure that crane operators have the requisite level of competence. 
This was the opinion of the members of C-DAC and is shared by many of 
the members of the public who commented on the proposed rule and who 
testified at the public hearing.
    A representative of the building industry objects to OSHA's 
reliance on the study by the Construction Safety Association of 
Ontario, saying that it does not meet statutory and regulatory 
information quality standards, including the Department of Labor's 
Information Quality Guidelines.\111\ (ID-0232.1.) First, OSHA notes 
that the Ontario study is only part of the record evidence on which the 
Agency relies in promulgating this standard. In the preamble to the 
proposed rule, OSHA stated that the Ontario study ``buttressed'' C-
DAC's experience and conclusions regarding the need for independent 
testing of operator ability (see 73 FR 59810, Oct. 9, 2008). Second, 
OSHA's reliance on that study does comply with the Department's 
guidelines. Appendix II of the guidelines addresses the information 
quality principles on which OSHA relies in setting health and safety 
standards. For safety standards, such as this rule, OSHA must use ``the 
best available statistical data from surveys of fatalities, injuries, 
and illnesses, and the best available peer-reviewed science and 
supporting studies that describe the nature of the safety risks being 
addressed.'' OSHA determines that the Ontario study, though not peer-
reviewed, is the ``best available statistical data'' showing the 
efficacy of third-party operator certification. The California study is 
similarly supportive of the C-DAC conclusions.
---------------------------------------------------------------------------

    \111\ ``Guidelines for Ensuring and Maximizing the Quality, 
Objectivity, Utility, and Integrity of Information Disseminated by 
the Department of Labor,'' (Oct. 1, 2002), available on the 
Department of Labor's Web site.
---------------------------------------------------------------------------

    In other respects as well, OSHA has complied with the Department of 
Labor's Information Quality Guidelines. The guidelines state that 
``[t]he goal of a safety risk analysis is to describe the numbers, 
rates, and causal nature of injuries related to the safety risks being 
addressed.'' To meet this goal, OSHA historically has ``relied on 
injury and illness statistics from BLS, combined with incident or 
accident reports from enforcement activities, incident or accident 
reports submitted to the record from the private or public sectors, 
testimony of experts who have experience dealing with the safety risks 
being addressed, and information and data supplied by organizations 
that develop consensus safety standards.''
    In developing the proposed rule, and in issuing this final rule, 
OSHA has relied on these types of evidence, including studies based on 
BLS statistics and OSHA enforcement reports, as well as incident 
reports from specific enforcement cases. (See 73 FR 59719-59723, Oct. 
9, 2008.) On the specific question of the need for third-party 
verification of a crane operator's qualifications, OSHA has relied 
primarily on the opinions of experts with vast experience in crane 
operations and the hazards presented by crane use, including the 
members of C-DAC and construction industry employers who appeared at 
the public hearing. OSHA is persuaded that third-party verification 
will significantly reduce the number of crane-related injuries and is 
confident that the information on which it relies to set this standard 
is reliable, the best available, and meets the Department's guidelines.
    A trade association also questioned OSHA's reliance on the Ontario 
study, suggesting that Ontario's ability to issue citations to 
employees is the likely cause of Ontario's decrease in fatal crane 
accidents. (ID-0151.1.) OSHA notes, however, that the Construction 
Safety Association of Ontario attributed the decrease to increased 
operator skill, not employee citations. (ID-0009.) OSHA determines that 
the Construction Safety Association of Ontario was well-positioned to 
evaluate why Ontario was able to achieve a dramatic reduction in crane-
related fatalities and accepts its opinion on the question. Moreover, 
the employee citations permitted under Section 66 of Ontario's 
Occupational Health and Safety Act did not take effect until 1990. 
These employee citations

[[Page 48014]]

appear to function primarily as a deterrent to non-compliance with 
Ontario's construction safety standards, as opposed to the operator 
certification requirements that are intended to verify knowledge and 
skills necessary for safe operation. In that regard, the civil fine 
provisions are similar to the licensing requirements (separate from 
certification) that Ontario had required prior to 1979. There is no 
indication in the record that the fines provided a greater level of 
deterrence than the government's pre-existing authority to sanction an 
individual operator through the revocation of an operator's license.
    The representative of the building industry claimed that the rate 
of accidents resulting from crane use in the residential construction 
industry is too low to justify requiring homebuilders to comply with 
the qualification/certification requirement in the proposed rule. The 
commenter conducted a study, using fatality data from the Bureau of 
Labor Statistics, which, according to the commenter, showed that 13 out 
of 1385, or slightly less than 1%, of fatalities in the residential 
construction industry from 2003-2006 were crane-related. (ID-0232.1.) 
Because this percentage is substantially less than the more than 8% of 
all construction fatalities that were found to be crane-related in the 
Beavers study, the commenter suggests the risk of serious injury from 
the smaller truck mounted telescopic boom cranes used in residential 
construction is substantially less than the risk of injury from large 
lattice boom and tower cranes used in commercial/industrial 
construction. The commenter stated that a copy of its study was 
attached to its comment and is available on its Web site. (ID-0232.1.) 
In fact, a copy was not attached to its comment. OSHA has located a 
document on the commenter's Web site entitled ``Residential 
Construction Fatalities, 2003-2006'' that describes the causes of 
fatalities in residential construction, but has found nothing in that 
document to support the commenter's claim that only 13 of those 
fatalities were crane-related.
    Nevertheless, even if the commenter could support its claim of 13 
crane-related fatalities, its conclusion that cranes present little 
risk of serious injury in residential construction does not follow. 
First, OSHA determines that 13 crane-related fatalities in homebuilding 
in a four year period is significant and well worth trying to reduce. 
Moreover, the commenter's comparison of percentages is not persuasive. 
The fact that a smaller percentage of fatalities are crane-related in 
residential construction than in commercial/industrial construction may 
simply reflect lower crane usage in residential construction. A witness 
who appeared on behalf of the commenter at the public hearing, 
testified that cranes are typically used on a residential construction 
project between two and six hours to lift objects like roof and floor 
trusses. (ID-0341.) The witness noted that for commercial construction, 
a crane might be on the job from six months to two years. (ID-0341.) In 
light of the brief percentage of time cranes are used in residential 
construction compared to the percentage of time they are used in 
commercial construction, it would be expected that the percentage of 
accidents they cause will similarly be lower even if, while they are on 
the job, they present the same or even a higher degree of risk.\112\
---------------------------------------------------------------------------

    \112\ Mr. Behlman testified that overhead power lines are ``very 
seldom'' found on residential sites. (ID-0341.) However, the 
document on NAHB's Web site showing the causes of residential 
construction fatalities from 2003 to 2006 attributes 76 fatalities 
to ``contact with overhead power lines.''
---------------------------------------------------------------------------

    OSHA also rejects the commenter's suggestion that homebuilders 
should be permitted to self-certify their crane operators. The 
commenter states that the vast majority of the building association's 
single-family home builders are very small, with 61% building ten homes 
or fewer. The witness stated at the hearing that the home building 
industry has many small operations and a few very large players. (ID-
0341.) In OSHA's experience, most small construction firms would not 
have the expertise to develop or administer the types of tests 
necessary to reliably assess operator ability (see the discussion of 
the criteria applied by nationally recognized accrediting entities to 
accredit certification organizations).
    OSHA also does not conclude that such companies typically possess 
the expertise to establish and implement the sophisticated type of 
training program that the commenter suggests should be required for 
employer self-certification. (ID-0232.1.) The same problem exists 
throughout the construction industry, which includes numerous small 
firms. Furthermore, as found by C-DAC, independent testing is essential 
to ensure that operators have in fact attained the knowledge and 
ability the training is supposed to impart.
    A number of commenters suggested that the proposed requirements 
should be modified in various ways. Some suggested exempting certain 
equipment from the qualification/certification requirement or requiring 
a form of qualification/certification that the employer could implement 
without resort to third-party verification. Others suggested expanding 
the range of options available to the employer, in particular allowing 
accredited educational institutions to certify operators. These 
comments will be discussed below in the sections of the standard that 
address the issues raised by the commenters.
Paragraph (a)
    In the final rule, paragraph (a) of this section specifies that the 
employer must ensure that the operator of any equipment covered under 
Sec.  1926.1400, with certain listed exceptions, is either qualified or 
certified to operate the equipment in accordance with the provisions of 
this section or is operating the equipment during a training period. 
Paragraph (a)(1) requires compliance with State and local operator 
licensing laws. For areas where State or local licensing is not 
required, paragraph (a)(2) requires employers to use one of the three 
options listed above to certify or qualify their operators. Paragraph 
(a)(3) provides exceptions from all of Sec.  1926.1427's certification 
and qualification requirements for operators of certain equipment, 
regardless of whether State or local governments have licensing 
requirements for operators of that equipment.\113\
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    \113\ These State and local licensing requirements would remain 
in effect. See discussion of preemption of State and local law under 
federalism in section V.D of this preamble. OSHA is simply choosing 
not to require compliance with any such licensing requirements for 
that equipment.
---------------------------------------------------------------------------

Paragraph (a)(1) Compliance With State and Local Licensing Requirements
    The proposed rule included a fourth option to satisfy the operator 
certification/qualification requirements of Sec.  1926.1427: 
qualification through a government entity with a licensing program 
meeting certain criteria. Several states submitted comments on the 
proposed rule urging the Agency to preserve State and local operator 
licensing laws. Some of these concerns are addressed in the discussion 
of preemption under federalism in section V.D of this preamble. Two of 
those commenters, each with its own statewide crane operator licensing 
requirements, specifically requested that OSHA mandate compliance with 
State requirements for crane operations within the jurisdiction of 
those states (with the exception of operators who are employees of the 
U.S. military). (ID-0171.1; -0237.) Three State governments argued 
persuasively that if government licensing was presented merely as an 
option, rather than required, many employers would simply by-pass these

[[Page 48015]]

licensing requirements in favor of less stringent, portable private 
certification options. (ID-0171.1.) One State government also noted 
that some states have proven, reliable licensing procedures already in 
place. Where State and local licensing departments or offices are 
already well established and staffed, and are already preventing deaths 
or serious injuries through the use of effective licensing procedure, 
there is little support in the record for disturbing them.
    In light of the commenter's compelling arguments and the policy 
considerations noted above, the Agency is convinced that the 
governmental licensing requirements should be mandatory, rather than 
optional. In response, the Agency is revising paragraphs (a) and (e) of 
Sec.  1926.1427 to mandate compliance with State and local operator 
licensing laws that meet a ``Federal floor'' established in paragraphs 
(e)(2) and (j) of this section.\114\
---------------------------------------------------------------------------

    \114\ This ``Federal floor'' refers to the minimum requirements 
for license tests in Sec.  1926.1427(e)(2), and the minimum 
knowledge and skills that must be tested as set forth in Sec.  
1926.1427(j)(1) and (j)(2). Employers would not be required by OSHA 
to comply with State or local government entity licensing 
requirements that do not meet this ``Federal floor,'' but States and 
local governments could still seek to enforce their own laws.
---------------------------------------------------------------------------

    This mandatory compliance is set forth in the introductory text of 
Sec.  1926.1427(a)(1) and paragraph (a)(1)(i). OSHA has added Sec.  
1926.1427(a)(1)(ii) to clarify that employees of the U.S. military who 
have been certified or qualified to operate equipment pursuant to Sec.  
1926.1427(d) would not also be required to obtain an operator's license 
from a State or local government for construction work on behalf of the 
military employer. By requiring compliance with State and local laws, 
the Agency is also complying with Executive Order 13132, which urges 
agencies to preserve the full force and effect to State and local laws. 
(See 64 FR 43225, Aug. 10, 1999.)
    This decision is a logical outgrowth of the proposal. The proposal 
identified a significant safety risk from improper operation of 
equipment and proposed certification requirements as a means of 
addressing that risk. Governmental licensing of crane operators has 
existed alongside OSHA's prior crane rules at former Sec.  1926.550 for 
many years, and C-DAC made them a significant component of the proposal 
without any indication that the new standard would exempt employers 
from compliance with those laws. The government licensing provision was 
the subject of a number of comments, and was discussed during the 
hearing in the context of comments requesting OSHA to make the 
government licensing mandatory.
    The preamble to the proposed rule noted C-DAC's opinion that some 
States have ``effective, reliable, licensing procedures'' (73 FR 59814, 
Oct. 9, 2008). The preamble to the proposed rule also specifically 
cited the Department of Transportation's requirement that commercial 
drivers also carry State drivers licenses issued in accordance with 
Federal standards (73 FR 59810). The DOT licensing was provided as an 
example of how State licensing, when required as part of a general 
Federal compliance scheme, has been ``used in the past to prevent fatal 
and other serious accidents that result when operators lack the 
knowledge and skills needed to operate safely.'' Id. The only other 
example of successful third-party certification provided as a basis for 
the certification requirement was another government licensing 
requirement: Ontario's licensing requirements for crane operators. Id. 
The combination of OSHA's exclusive reliance on these examples and the 
government licensing provision in proposed Sec.  1926.1427(e) provided 
clear notice that the government licensing provision might develop 
along the lines of the examples. While several commenters submitted 
comments supporting mandatory compliance with government licenses, 
thereby indicating that at least these parties viewed the mandatory 
compliance as a possible outcome of the rulemaking, none of the 
commenters objected to the government licensing provision or questioned 
the validity of their tests. The Agency's choice to make compliance 
with paragraph (e) mandatory, rather than optional, flows logically 
from the proposal, the comments, and the discussion at hearing. See 
National Mining Ass'n v. Mine Safety and Health Admin., 512 F.3d 696, 
699 (DC Cir. 2008) (noting that the logical outgrowth test takes into 
account the comments, statements and proposals made during the notice-
and-comment period).
    The Agency's decision to mandate compliance with State and local 
laws is not new. OSHA already relies on State licensing requirements in 
its respirator standard when it provided for ``a licensed health care 
professional'' to perform a medical evaluation of an employee's ability 
to use a respiratory (see Sec.  1910.134(e)). This portion of the 
standard was challenged and upheld in American Iron Steel and Steel 
Institute v. OSHA, 182 F.3d 1261, 1278 (11th Cir. 1999). OSHA's choice 
to mandate compliance with State or local law is also consistent with 
the approach of other agencies. (See, e.g., Department of 
Transportation regulations requiring State licensing of commercial 
drivers, discussed in the preamble to the proposed rule at 73 FR 59810, 
Oct. 9, 2008.)
Paragraph (a)(2) Options for Certification or Qualification Where 
License Not Required by a Government Entity
    As noted above, where a State or local license is not required, 
employers have three choices for certification of operators. Those 
choices are set out in paragraphs (b) through (d) of this section and 
discussed in detail below. It is important to note that these options 
will not satisfy the requirements of Sec.  1926.1427 for operation of 
equipment within a State or local government's jurisdiction when that 
government entity has it's own licensing requirements that satisfy the 
criteria in paragraphs (e) and (j) of this section.
Paragraph (a)(3) Exceptions
    The exceptions in the proposed rule were for types of equipment 
that are specifically excluded from the qualification/certification 
requirement under sections of this standard that pertain to that 
equipment, including derricks (see Sec.  1926.1436), sideboom cranes 
(see Sec.  1926.1440), and equipment with a rated hoisting/lifting 
capacity of 2,000 pounds or less (see Sec.  1926.1441).
    A labor representative pointed out that the exception in Sec.  
1926.1441 applies to equipment with a ``maximum manufacturer-rated'' 
hoisting/lifting capacity of 2,000 pounds or less, and it asked that 
this same language be used in Sec.  1926.1427(a) to avoid suggesting 
that the exception might apply to larger equipment when it is 
configured to have a rated capacity of 2,000 pounds or less. (ID-0341.) 
OSHA agrees that the suggested change better reflects the intent of the 
provision and has modified the language of Sec.  1926.1427(a) in the 
final rule by replacing the word ``rated'' with ``maximum rated.'' OSHA 
notes that this change does not change the substantive requirements of 
the rule in any manner.
    A number of commenters asked that additional types of equipment or 
activities be exempted from Sec.  1926.1427's qualification/
certification requirement.
    A utility company recommended that cranes of 10,000 pound capacity 
or less be excluded on the basis that most uses of these cranes are 
highly repetitive and predictable. (ID-0144.1.) A trade association 
suggested exempting cranes rated at less than 10 or 15 tons from the

[[Page 48016]]

requirement. (ID-0191.1.) It said that these types of cranes are often 
used to deliver products to a jobsite or to place small rooftop HVAC 
units on low rise buildings, and that they are used for simple lifts of 
relatively light loads. This commenter also requested that OSHA add a 
less restrictive certification level for cranes rated less than 30 
tons, which it said are less complicated to assemble and set up and are 
used during ``low risk'' lifts.
    Another trade association suggested that the threshold for 
requiring qualification/certification should exclude the 5,000 to 
10,000 pound capacity cranes that its members typically use. (ID-
0189.1.) It said that this equipment is relatively simple to operate, 
that the signs its members install rarely exceed 2,000 pounds, and that 
the equipment is used intermittently on the job and only for brief 
periods of time.
    A third trade association believes that the size and scope of the 
lifts its members make do not justify the qualification/certification 
requirements in the proposed rule and suggested alternative 
requirements for its members when they operate cranes of less than 35 
ton capacity with a boom length no greater than 120 feet. (ID-0218.1.) 
They ask that their members have the option to self-evaluate their 
operators after they have gone through a specified training program 
instead of the third-party certification that would be required under 
proposed Option (1). A representative of the building industry made a 
similar recommendation for cranes of less than 35 ton capacity with a 
boom length no greater than 120 feet. (ID-0232.1.) A small business 
representative suggested that OSHA consider exempting some small cranes 
(based on vehicle weight or boom length) or routine lifts. (ID-0147.1.)
    A witness for a labor representative testified in opposition to 
excluding equipment rated over 2,000 pounds by the manufacturer. He 
stated that some low-capacity cranes have long booms and are used to 
lift loads to great heights, particularly when there is not sufficient 
space for a larger crane. (ID-0341.) According to the witness, safety 
concerns presented by low capacity cranes with a long boom are as 
serious as the concerns presented by high capacity cranes. (ID-0341.) 
He added that the danger of power line contact was present regardless 
of the capacity of the crane.
    A representative from a crane rental company also testified against 
exempting low-capacity cranes from the qualification/certification 
requirement. His company had a fleet of cranes ranging from 4 to 600 
ton capacity, and in his experience the majority of accidents that his 
customers experienced when they rented cranes but provided their own 
operators occurred with cranes rated 35 tons or less. (ID-0344.) He was 
aware of accidents on residential construction sites that resulted from 
operating on unsuitable ground, not setting the outriggers properly, 
and lifting too heavy a load for the crane's configuration, 
deficiencies that he attributed to operators who did not appreciate the 
hazards involved. (ID-0344.)
    OSHA has carefully considered the comments asking for additional 
types of equipment to be exempted from the qualification/certification 
requirements of Sec.  1926.1427. For the following reasons, OSHA 
declines to add such exemptions to the final rule.
    The members of C-DAC, who had vast collective experience in all 
aspects of crane operations, reached a consensus that third-party 
verification was needed to reduce the number of crane accidents and 
fatalities in the construction industry. They further determined that 
such a requirement should apply to virtually all hoisting equipment, 
with only the limited exceptions listed in the proposed rule. In 
proposing to exempt equipment with a rated capacity of 2,000 pounds or 
less, the Committee considered whether to establish a higher threshold 
for the requirement but concluded that the operators of higher-capacity 
cranes, including those in the 5,000-35,000 pound range that the 
commenters ask to be exempted, needed to be well-qualified to reduce 
the number of accidents involving such cranes. Ultimately, C-DAC 
included the 2,000 pound cutoff to parallel ANSI B30.5 in this regard 
(see 73 FR 59841, Oct. 9, 2008).
    The rulemaking record shows that many of the same hazards presented 
by larger cranes are present for cranes in this capacity range, 
including operating in proximity to power lines, the potential for 
collapse if the crane is overloaded, and the need for adequate ground 
conditions to ensure the crane's stability during operation. As a labor 
representative testified, these smaller cranes may be used in tight 
spaces where larger cranes cannot be used. An operator's loss of 
control of the load in a tight space would present a serious safety 
hazard, and the potential for operating in tight spaces highlights the 
need for operators of even relatively low-capacity cranes to be highly 
skilled.
    OSHA also rejects the suggestions by some commenters that 
exemptions should be created for cranes that are typically used for 
repetitive, predictable, intermittent, or light use.
    The principal difficulty with this suggestion is that the 
underlying causes of crane-related fatalities and injuries are not 
necessarily diminished in such situations. For example, the presence of 
power lines presents an electrocution hazard in all situations, 
irrespective of how the equipment is used. Proper ground conditions, 
which can change during crane use, are also as necessary for those 
types of uses as others, and all cranes can be overloaded if operated 
improperly. The knowledge and skill needed for attaining operator 
qualification/certification under this section is a prerequisite for 
being able to successfully address these and other hazards.
    Furthermore, while an employer may initially plan to use a crane in 
a repetitive or otherwise predictable manner, or to handle light loads, 
unforeseen circumstances can arise that can alter those plans. Wind, 
which can arise unexpectedly during a lift, can dramatically decrease 
the capacity of a crane and increase the difficulty in properly 
handling the load; a previously ``repetitive'' lift can change 
unexpectedly when rain causes the ground supporting the crane to become 
muddy and less able to support the crane; a rigging problem may arise 
during one of the ``repetitive'' lifts, which could cause unexpected 
load control problems during the lift; and hoisting a ``light'' load at 
a low boom angle can pose similar overturning hazards to hoisting a 
heavy load at a high boom angle. Nor are there fewer crane-related 
hazards when a worker operates a crane only intermittently. For 
example, that operator on one of those occasions may have to run the 
crane near power lines, in the blind, with uneven winds, or at a low 
boom angle; in such cases (as in many others) he/she needs to be as 
fully capable as an operator who runs the crane regularly.
Paragraph (a)(4)
    The Agency is adding this paragraph to the final rule to clarify 
that operator certification or qualification as required under this 
section must be provided at no cost to employees who are already 
employed by the employer on November 8, 2010. This clarification is 
consistent with the Agency's revision of the training requirements 
throughout subpart CC to expressly state that employers must provide 
all training at no cost to employees. The clarification is consistent 
with the Agency's treatment of costs for operator qualification and 
certification in the

[[Page 48017]]

preliminary economic analysis provided in the preamble of the proposed 
rule. (See, e.g., 73 FR 59895, Oct. 9, 2008 (operator certification 
training treated as cost to employer).)
    Based on the testimony of several witnesses at the hearing, OSHA 
concludes that imposing the operator qualification and certification 
costs on the employer will not be overly burdensome to the employer. At 
the hearing, a representative from a crane rental company said that, 
although his company incurs additional cost to provide certification, 
his company considers that cost an investment in the safety of their 
employees. (ID-0344.) An insurance company representative and former 
crane operator stated that the cost of certification was modest when 
compared to the cost of accidents. (ID-0343.) This witness also stated 
that his company believes that employers who certify their operators 
have fewer accidents and that, as a result, his firm offers companies 
it insures a ten percent discount if they have their operators 
certified. (ID-0343.) A representative from a steel erection company 
agreed that certification is important to both insurance companies and 
employers because certification gives employers peace of mind and 
reduces insurance costs. (ID-0344.)
    In light of the need for clarification and witness support at the 
hearing, OSHA is adding new paragraph (a)(4) to this section of the 
final rule.
Paragraph (b) Option (1): Certification by an Accredited Crane Operator 
Testing Organization
    As noted above, the proposed rule provided four options for a crane 
operator to be qualified or certified. Option (1) of this section, in 
which the employee becomes certified to operate equipment of a certain 
type and capacity by passing an examination administered by an 
accredited testing organization, is the most broadly available option, 
and OSHA expects it to be the one that most employers use outside of 
jurisdictions with State or local licensing requirements.
    Under Option (1), a crane operator becomes certified by a testing 
organization that has itself been accredited by a ``nationally 
recognized accrediting agency.'' Section 1926.1401 defines ``nationally 
recognized accrediting agency'' as ``an organization that, due to its 
independence and expertise, is widely recognized as competent to 
accredit testing organizations.'' The use of a nationally recognized 
accrediting agency to provide an independent, authoritative assurance 
of a testing organization's competence is a well-established practice. 
For example, for a number of years, the National Commission for 
Certifying Agencies (NCCA), the accreditation body of the National 
Organization for Competency Assurance (NOCA), has accredited testing 
organizations in a wide variety of fields, including those that provide 
crane operator certification. (ID-0021.) Also, in 2003, the American 
National Standards Institute began accrediting personnel certification 
entities. (ID-0022.)
    Under Sec.  1926.1427(b)(1)(i), for a testing organization to 
become accredited, the accrediting agency must determine that the 
testing organization's written testing materials, practical 
examinations, test administration, grading, facilities/equipment and 
personnel meet industry recognized criteria. The accrediting agency 
must determine that the written testing materials and practical 
examinations are well designed and sufficiently comprehensive that an 
individual who achieves a passing grade has demonstrated the skills and 
knowledge needed to operate the equipment safely. The accrediting 
agency must also determine that the testing organization's 
administration and grading ensure the integrity of the test so that the 
individual's grade truly represents the knowledge and skill level of 
that individual.
    A safety association believed that the criteria for accrediting 
agencies in proposed Sec.  1926.1427(b)(1)(i) were not sufficiently 
rigorous and suggested replacing that paragraph with a paragraph that 
required the nationally recognized accrediting agency to use 
certification criteria equal to or greater than that of the National 
Commission of Certifying Agencies (NCCA), the Council of Engineering 
and Scientific Specialty Boards (CESB), or ANSI/ISO/IEC 17024, General 
Requirements for Bodies Operating Certification Systems of Persons. 
(ID-0178.1.) This commenter expressed concern that, without this more 
specific level of rigor, entities with little experience in 
professional certification will be able to establish accrediting bodies 
for certifications that do not adequately demonstrate professional 
crane operator competence.
    An operator certification organization stated that NCCA and ANSI 
are nationally recognized accrediting agencies and that others should 
only be designated as such by OSHA after a comprehensive review of its 
accrediting protocols. (ID-0382.1.) It suggested changing the 
definition of ``nationally recognized accrediting agency'' in Sec.  
1926.1401 to specify that the only accrediting agencies are ANSI, NCCA, 
and any other organization designated by OSHA as competent to accredit 
testing organizations.
    These commenters are concerned that an organization that applies 
insufficiently stringent accrediting criteria might claim to be a 
``nationally recognized accrediting agency'' and accredit testing 
organizations that are less competent than those accredited by NCCA and 
ANSI.
    OSHA determines that the commenters are correct in suggesting that 
some additional specificity is needed in the definition to ensure that 
only entities using sufficiently stringent accrediting criteria are 
included. In the preamble to the proposed rule, OSHA identified two 
organizations that it determined were examples of a ``nationally 
recognized accrediting agency''--the National Commission for Certifying 
Agencies (NCCA) and the American National Standards Institute (ANSI) 
(see 73 FR 59811, Oct. 9, 2008). No commenters have suggested that 
these are inappropriate examples of this term. Therefore, to provide 
greater specificity, OSHA has modified the language used in the 
proposed rule's definition to include references to NCCA and ANSI as 
examples of organizations that meet the final rule definition in Sec.  
1926.1401.
    Section 1926.1427(b)(1)(ii)(A) specifies that the written and 
practical tests administered by the testing organization must, at a 
minimum, assess the knowledge and skills listed in Sec. Sec.  
1926.1427(j)(1) and (2). Those subjects are discussed below under Sec.  
1926.1427(j).
    Paragraph (b)(1)(ii)(B) provides that the testing organization must 
provide different levels of certification based on equipment capacity 
and type. This requirement is designed to ensure that a certified 
operator has the knowledge and skill needed to safely operate equipment 
of the type and capacity the employee will actually be operating while 
avoiding the need for employees to know how to operate more complex 
equipment.
    In the proposed rule, OSHA gave examples of what this provision 
means in practice. It stated, as one example, an employee who only 
operates a hydraulic truck crane would not need to also have the 
additional knowledge and skills necessary to operate a lattice boom 
crawler crane. As another, it said that an employee who operates only a 
22 ton capacity hydraulic truck crane would not need to also have the 
additional knowledge and skills necessary to operate a 300 ton 
hydraulic truck crane. The Agency further stated that

[[Page 48018]]

certification on a more complex type of equipment would typically 
qualify an operator to operate lower-capacity equipment of the same 
type, e.g., certification on a 300 ton hydraulic crane would qualify an 
operator to operate a 22 ton hydraulic crane.
    None of the commenters opposed allowing operators certified to 
operate at a given capacity from also operating lower-capacity 
equipment of the same type. Two commenters recommended that ``type,'' 
for purposes of paragraph (b)(1)(ii)(B), be defined for mobile cranes 
as they are defined in ASME B30.5. (ID-0205.1; -0213.1.) These 
commenters also stated that ``qualifications (and certification) should 
be driven by the knowledge and skill required to operate a piece of 
equipment. When a body of knowledge or a particular skill set for a 
particular `type' of crane changes, then so should the appropriate 
category of certification/qualification.''
    The Agency concludes that a descriptive definition of ``type'' that 
addresses the point raised by these commenters would better accomplish 
the purpose of the term than tying it to specific examples of existing 
technology. Therefore, OSHA has added a definition of the word ``type'' 
to Sec.  1926.1401 of the final rule.
    Examples of many of the various types of cranes currently in use 
are described in the ANSI B30 series (see, for example, ASME B30.5-2004 
for mobile cranes and ASME B30.3-2004 for construction tower cranes). 
For example, in this context, truck-mounted telescoping boom cranes, 
truck-mounted non-telescoping boom cranes, and crawler cranes are three 
different ``types,'' since the specific bodies of knowledge and skills 
needed for the safe operation of each category is different (although 
they are not completely distinct--the knowledge and skill sets overlap 
to some degree).
    Commenters and witnesses from the railroad industry believed that 
certification based on ``equipment capacity and type'' did not address 
unique conditions in their industry because current certification 
examinations did not cover the types of cranes they use or the 
circumstances under which they use them. A railroad company stated that 
certification tests used by the two accredited testing organizations 
require knowledge of skills that do not apply in the railroad industry. 
(ID-0176.1.) A railroad association stated that railroads use cranes in 
fundamentally different ways than construction companies and that 
neither [currently] accredited testing organization has tests that 
address the use of cranes on railroads. (ID-0170.1.) A representative 
from another railroad company testified that some of the types of 
cranes his railroad uses are fundamentally different from the typical 
cranes used in the construction industry. Among the cranes that he said 
are unique to the railroad industry are locomotive cranes and rubber-
tired cranes that can either run on the ground or travel on rails. (ID-
0342.) The representative stated that certification tests on typical 
construction cranes were not suited to the types of cranes used in his 
industry and asked that the rule offer the latitude for the industry to 
train operators in a way that makes sense for railroads. (ID-0342.)
    The comments and testimony by the railroad industry representatives 
suggest the need for some flexibility in the certification requirement 
to deal with specialized types of cranes or newly developed equipment 
for which certification examinations might not be available. Another 
aspect of this problem was raised by an energy association, which said 
that the cranes used in erecting wind turbines are the largest and most 
complex available, and that certification for such equipment is not 
currently available. (ID-0329.1.)
    C-DAC addressed one example of a type of equipment--dedicated pile 
drivers--for which certification examinations were not available. 
Section 1926.1439(e) of the proposed rule accommodated this problem by 
providing that dedicated pile driver operators can be certified either 
for operation of dedicated pile drivers or for equipment that is most 
similar to dedicated pile drivers. OSHA concludes a similar approach is 
appropriate for any equipment for which a certification is not 
available. Accordingly, OSHA is adding Sec.  1926.1427(b)(2) to the 
final rule, which allows an operator to be certified to operate a crane 
if he or she is certified to operate a higher-capacity version of that 
type of crane or, if no accredited certification entities offer 
certification for that particular crane, if he or she is certified to 
operate the type of crane most similar to the equipment in question.
    In light of this change, OSHA is deleting Sec.  1926.1439(e) from 
the final rule as it is no longer necessary. Paragraph (b)(2) will also 
facilitate employers' compliance with the requirements of Sec.  
1926.1427 by making it clear that the operator's certificate must 
indicate the particular type and capacity of crane for which the 
operator was certified.
    As discussed in the proposed rule, during the SBREFA process, 
several small entity representatives suggested that basing 
certification on the type of crane might result in some capable 
operators being denied certification. They described situations in 
which an operator is knowledgeable and skillful with respect to one 
particular model of crane but might be unable to obtain certification 
based on equipment capacity and type. In response to this concern, OSHA 
sought public comment on whether there should be a mechanism for an 
operator to become certified on a particular model of crane.
    Some commenters supported such a mechanism. (ID-0145.1; -0151.1; -
0194.1; -0214.1.) Several commenters who opposed the suggestion stated 
that such certification would likely not be available from testing 
organizations, that employers who use Option (2) would find it costly 
and impractical to develop tests for each model of crane, and that 
testing based on crane model was not appropriate because the skill set 
and knowledge required for safe operation are not model-dependent. (ID-
0175.2; -0205.1; -0213.1.) Witnesses at the hearing also opposed model-
specific certification. (ID-0341; -0343.)
    OSHA has concluded that expansion of the options to include 
certification on a specific model of crane is not necessary. The body 
of knowledge and skills required to be qualified/certified on a 
particular model of crane is not less than that needed to be qualified/
certified for that model's type and capacity.
    It may well be that an operator seeking certification is confident 
about operating the particular model of crane he/she has been operating 
but is concerned about being tested on another model of the same type 
of crane. To the extent this is a concern, OSHA notes that at least one 
accredited testing organization allows the practical test to be 
administered at the employer's worksite using the employer's own 
equipment. (ID-0343.) With this type of practical test available, 
operators who feel confident that they can become certified on a 
particular model can be tested on that model, and such certification 
will allow them to operate any model of the same type (as long as they 
also pass the written test). Therefore, certification on a specific 
model would be more restrictive than is necessary, and OSHA sees no 
benefit from providing for such a certification. OSHA has therefore 
retained the requirement that certification is based on the ``type'' of 
crane.
    The SBREFA Panel also received comments from some SERs suggesting 
that the standard should accommodate crane operators who were fully 
capable of operating particular equipment in a

[[Page 48019]]

limited set of circumstances but who would be unable to pass 
certification tests that required knowledge and abilities beyond those 
circumstances. The Panel recommended that OSHA consider and solicit 
public comment on expanding the levels of operator qualification/
certification to allow such operators to be certified for a specific, 
limited type of circumstance defined by a set of parameters that, taken 
together, would describe an operation characterized by simplicity and 
relatively low risk. In response to the Panel's recommendation, OSHA 
requested public comment on whether such parameters could be identified 
in a way that would result in a clear, easily understood provision that 
could be effectively enforced.
    A number of commenters were in favor of a provision that would 
allow certification in a limited set of circumstances. A labor 
organization supported certification limited to the use of rail-bound 
equipment used to install continuously welded rail and stick rail. (ID-
0145.1.) This commenter said that such operations involved dragging, 
manipulating, and positioning rather than hoisting. Other commenters 
also supported such a limited certification provision but did not 
provide specific information about how to define those operations or 
what aspects of the operations made them less risky than other crane 
operations. (ID-0151.1; -0176.1; -0191.1; -0214.1.) Other commenters 
opposed this type of ``restricted'' certification. (ID-0175.2; -0205.1; 
-0213.1.) They said that the degree of risk in a given situation was 
difficult to assess and could change due to unforeseen circumstances 
arising on the job.
    OSHA agrees with the commenters who opposed allowing a limited form 
of certification based on perceived risk levels. As explained earlier 
in the discussion of this section, the Agency found the argument that 
certification should not be required to operate cranes that are 
typically used for repetitive, predictable, intermittent, or light use 
to be unpersuasive. OSHA did so because such uses are likely to involve 
many if not all of the same hazards present in other situations.
    Similar concerns apply to the concept of ``low risk'' operations. 
First, even if such operations could be effectively identified, the 
possibility of unforeseen events occurring during such a lift requires 
that the operator have sufficient ability to handle such complications.
    Second, as noted above, apart from the suggestion regarding certain 
railroad operations, no commenter offered a means of setting the 
parameters for defining this concept. OSHA has therefore rejected the 
concept of a limited, ``low risk'' qualification/certification.
    A labor organization recommended that OSHA require that applicants 
for certification testing provide documentation that they have at least 
1,000 hours of crane related on-the-job experience or training. (ID-
0341.) Such experience was necessary, in this commenter's view, because 
neither the written nor practical exams tested an operator's ability to 
handle unusual worksite conditions, such as adverse weather or working 
on crowded jobsites, and did not test an operator's judgment.
    As explained above, OSHA has included the qualification/
certification requirement to serve as a mechanism to help ensure that 
operators have attained the level of knowledge and skill necessary to 
safely operate the equipment. The record amply demonstrates the 
sufficiency of the accreditation process that must be passed for a 
testing organization to become accredited. That process is designed to 
ensure that accredited testing organizations use a sufficiently 
reliable process for certifying operators. The record also shows that 
such a mechanism is an effective one for determining operator 
competence (the record includes the support of the commenter and its C-
DAC nominee for that mechanism).\115\
---------------------------------------------------------------------------

    \115\ OSHA also notes that the this commenter is, in this 
regard, taking a position that is inconsistent with the one taken by 
its C-DAC nominee, who had agreed to the C-DAC version of Sec.  
1926.1427, which had no experience/training prerequisite. Nor has 
this commenter explained why it has changed its position from that 
of its C-DAC nominee. Due to this inconsistency in position, OSHA 
accords reduced weight to this commenter's suggested change.
---------------------------------------------------------------------------

    There is insufficient information in the record to include an 
additional requirement for 1,000 hours of ``crane related experience or 
training.'' The commenter does not specify what should be included in 
``crane related experience,'' or why 1,000 hours would be the 
appropriate amount of such experience for this purpose. The commenter 
also does not specify if meeting the 1,000 hour prerequisite by 
``training'' should mean hands-on (criteria for such training is 
delineated in Sec.  1926.1427(f)) or classroom type training. OSHA 
notes that the other commenters supporting this section have not 
recommended adding an experience or training prerequisite. The Agency 
has therefore declined to accept this suggested change.\116\
---------------------------------------------------------------------------

    \116\ OSHA also notes that the commenter is, in this regard, 
taking a position that is inconsistent with the one taken by its C-
DAC nominee, who had agreed to the C-DAC version of Sec.  1926.1427, 
which had no experience/training prerequisite. Nor has the commenter 
explained why it has changed its position from that of its C-DAC 
nominee. Due to this inconsistency in position, OSHA accords reduced 
weight to the commenter's suggested change.
---------------------------------------------------------------------------

    Section 1926.1427(b)(1)(iii) requires that the testing organization 
have procedures for operators to re-apply and be re-tested in the event 
an applicant fails a test. This would help ensure that if the employee 
initially failed to pass the test, the employee would be able to retake 
the test and still have the opportunity to obtain the certification. 
Section 1926.1427(b)(1)(iii) also requires that the testing 
organization have procedures for operators to re-apply and be re-tested 
in the event an operator is decertified.
    Section 1926.1427(b)(1)(iv) specifies that the testing organization 
must have procedures for re-certifying operators designed to ensure 
that the operator continues to meet the requirements of Sec.  
1926.1427(j). Under Sec.  1926.1427(b)(4), a certification is valid for 
five years, after which the operator must again pass a certification 
examination. Section 1926.1427(b)(1)(iv) is included so that 
recertification procedures appropriate for those who have already been 
certified will be available.
    Under Sec.  1926.1427(b)(1)(v), the testing organization's 
accreditation must be renewed by the accrediting organization at least 
every three years to ensure continuing quality of testing materials and 
administration.
    No comments were received on Sec. Sec.  1926.1427(b)(1)(iii)-(v); 
those provisions are promulgated as proposed.
    Under Sec.  1926.1427(b)(3) (previously designated Sec.  
1926.1427(b)(2) in the proposed rule), a certification is ``portable,'' 
which means that a certificate issued under Option (1) would meet the 
requirements of Sec.  1926.1427(a)(2) (when State or local jurisdiction 
does not require operator licensing) until the certificate expires. In 
the final rule, OSHA is specifying that meaning directly in Sec.  
1926.1427(b)(3) rather than in a separate definition in Sec.  
1926.1427(m), as proposed. C-DAC determined that certification under 
this option should be portable because the testing organization is 
fully independent of all employers who may employ a crane operator and 
there is no reason to limit the certification to a particular employer. 
OSHA agrees.
    Section 1926.1427(b)(4) (previously designated Sec.  
1926.1427(b)(3) in the proposed rule) provides that a certification 
under this paragraph is valid for exactly five years. The exact five 
year period is intended to strike the

[[Page 48020]]

appropriate balance between ensuring that certified operators are re-
evaluated regularly, while reducing the burden of recertification on 
operators.
    No comments were received on the text that is now in paragraphs 
(b)(3) and (b)(4). As noted, the definition of ``portable'' has been 
moved from proposed (m)(1) to final (b)(3).
Paragraph (c) Option (2): Qualification by an Audited Employer Program
    Paragraph (c) of this section sets out Option (2), in which the 
employer determines, through its own audited testing program, that its 
employee is qualified to operate the equipment. This option is designed 
to enable employers to meet the Sec.  1926.1427 requirements through 
their own in-house testing programs. As discussed above, however, C-DAC 
determined that independent, third-party involvement was needed to 
ensure the reliability and integrity of any testing program. Therefore, 
to ensure that testing under Option (2) of this section is accurate and 
reliable, Sec.  1926.1427(c)(1) requires that the tests must be 
developed by either an accredited crane operator testing organization 
(as described under Option (1)), or approved by an auditor who is 
certified by an accredited crane operator testing organization. In 
addition, the administration of the tests must be audited.
    If the employer chooses to use tests approved by an auditor, the 
auditor must, under Sec.  1926.1427(c)(1)(ii)(A), be certified as a 
test evaluator by an accredited testing organization. To ensure that 
the auditor's evaluation is independent and impartial, Sec.  
1926.1427(c)(1)(ii)(B) prohibits the auditor from being employed by the 
employer seeking evaluation of its qualification program. Also, Sec.  
1926.1427(c)(1)(ii)(C) requires the auditor to determine that the 
program meets nationally recognized test development criteria and 
adequately assesses the criteria in Sec.  1926.1427(j).
    The requirements for test administration that apply under Option 
(2) of this section are set forth in Sec.  1926.1427(c)(2). These 
requirements apply to both tests that have been developed by an 
accredited crane operator testing organization or to those that have 
been approved by an auditor. Section 1926.1427(c)(2)(i) requires that 
the auditor find that the procedures for administering the test meet 
nationally recognized test administration standards. This provision is 
designed to ensure that the test results accurately reflect the 
operator's performance on the test.
    Under Sec.  1926.1427(c)(2)(ii), the auditor must be certified to 
evaluate the administration of the written and practical tests by an 
accredited crane operator testing organization. Section 
1926.1427(c)(2)(iii) prohibits the auditor from being employed by the 
employer seeking the auditor's approval of its test administration 
procedures.
    Proposed Sec.  1926.1427(c)(2)(iv) required that the audit be 
conducted in accordance with nationally recognized auditing standards. 
OSHA noted that the proposed rule, as drafted by C-DAC, required only 
that the administration of the tests, and not the audit of the tests 
themselves under paragraph (c)(1)(ii), would have to be conducted in 
accordance with nationally recognized auditing standards. OSHA 
determines that this was a drafting error and that the Committee 
intended that the entire audit be conducted in accordance with 
nationally recognized auditing standards. Therefore, the Agency 
solicited public comment on whether a new Sec.  1926.1427(c)(1)(ii)(D), 
reading as follows, should be added to Sec.  1926.1427(c)(1)(ii):

    (D) The audit shall be conducted in accordance with nationally 
recognized auditing standards.

Several commenters stated that the regulatory text should remain 
unchanged because, the commenters believed, the nationally recognized 
accrediting agencies that accredit testing organizations do not review 
the examinations for content but only for examination design, 
administration, and maintenance. (ID-0175.1; -0205.1; -0211.1; -
0213.1.)
    The Agency concludes that the commenters have misunderstood OSHA's 
intent in this regard. Under Option (1) of this section, Sec.  
1926.1427(b)(1), the accrediting agency must evaluate the ``written 
testing materials'' as well as the ``practical examinations, test 
administration, grading, facilities/equipment and personnel'' to make 
sure they all meet ``industry recognized criteria.'' The accrediting 
agency therefore must evaluate the tests as well as their 
administration to confirm that they meet industry recognized criteria.
    Just as the accrediting agency under Option (1) of this section 
assesses written testing materials and the practical test for 
compliance with industry recognized criteria, under Option (2) of this 
section, as drafted by C-DAC and as written in the proposed rule, the 
auditor must determine ``that the written and practical tests meet 
nationally recognized test development criteria and are valid and 
reliable in assessing the operator applicants * * *.'' (see Sec.  
1926.1427(c)(1)(ii)(C)). No comments were received objecting to those 
requirements.
    OSHA determines that C-DAC's intent in designing Option (2) was, in 
essence, to have the auditor serve a role similar to that of the 
accreditor in Option (1). The accreditor in Option (1) assesses the 
tests as well as their administration to determine if they meet 
``industry recognized criteria.'' As drafted by C-DAC, the auditor does 
the same thing, both with respect to assessing the tests and their 
administration.
    The problem identified by OSHA in the proposed rule relates to 
auditing procedure, not testing criteria. For example, the records that 
the auditor would generate and maintain, the procedures he/she would 
use for obtaining documents that need to be examined to conduct the 
audit, the thoroughness of the audit, and similar procedural matters 
regarding the conduct of the audit need to accord with nationally 
recognized auditing standards. Section 1926.1427(c)(1)(ii)(C) shows 
that C-DAC concluded that it was important that the audit meet 
nationally recognized auditing standards to help ensure the integrity 
of the audit of the administration of the tests. OSHA determines that 
it is equally important that the audit of the tests themselves meet 
those same procedural criteria. Therefore, the Agency has added new 
Sec.  1926.1427(c)(1)(ii)(D).
    Paragraph (c)(3) requires that the program be audited within three 
months of its inception and every three years thereafter. The Agency 
has added ``at least'' to the final rule to clarify that the auditor 
has the flexibility to perform audits more regularly if it so chooses.
    Paragraph (c)(4) of this section requires the employer's program to 
have testing procedures for re-qualification designed to ensure that 
the operator continues to meet the technical knowledge and skills 
requirement in Sec.  1926.1427(j). The re-qualification procedures must 
be audited in accordance with Sec. Sec.  1926.1427(c)(1) and (c)(2).
    In the event an auditor discovers a deficiency in an employer's 
operator qualification program, the employer must meet the requirements 
set forth in paragraph (c)(5) of this section. Under paragraph 
(c)(5)(i), no additional operators may be qualified until the auditor 
determines that the deficiency has been corrected. Under paragraph 
(c)(5)(ii), the program must be re-audited within 180 days of the 
confirmation that the deficiency was corrected. Paragraph (c)(5)(iii) 
requires

[[Page 48021]]

the auditor to file a report of any such deficiency with the 
appropriate OSHA Regional Office within 15 days of discovery. In 
addition, paragraph (c)(5)(iv) requires that records of the audits must 
be maintained by the auditor for three years and must be made available 
by the auditor at the request of the Secretary of Labor or a designated 
representative. The auditor's maintenance of the records, and the 
reporting requirement, are intended to preserve the independent 
verification function of the auditor.
    Paragraph (c)(6)(i) specifies that a qualification under Option (2) 
is not portable. As defined in Sec.  1926.1427(m)(2), ``not portable'' 
means that only the employer issuing the qualification may rely upon 
it. OSHA has added that statement of meaning directly in paragraph 
(c)(6)(i) in the final rule and has removed paragraph (m). C-DAC 
determined that portability should be limited to certification under 
Option (1) because the degree of consistency in adhering to the 
requirements of this section is likely to be highest among accredited 
crane operator testing organizations because they are fully independent 
and their business interest depends on their continued accreditation. 
Under paragraph (c)(6)(ii), a qualification under Option (2) is valid 
for exactly five years.
    A trade association stated that qualification under Option (2) of 
this section (as well as Options (3) and (4)) should, like 
certification under Option (1), also be portable. (ID-0214.1.) The 
commenter stated that there was no rational reason to adopt a rule 
where portability is restricted to Option (1) certifications. However, 
OSHA concludes that C-DAC's decision to accord full portability only to 
a certification under Option (1) is sound. A certification issued under 
Option (1) is based on tests that are completely independent of any 
particular employer. Moreover, the commenter's nominee to C-DAC did not 
dissent on this issue and the commenter has not explained the reason 
for changing its position. OSHA gives reduced weight to comments by a 
nominating organization that are inconsistent with the position its 
nominee took on C-DAC.
    A utility company suggested that electric utilities be able to use 
Option (2) without an independent auditor by allowing for an internal 
audit of the employee training program based on annual employee 
inspections, as allowed in Sec.  1910.269(a)(2). (ID-0342.) Granting 
this request would permit electric utilities to self-certify their 
operators. OSHA has rejected this option above and does so here for the 
same reasons given earlier.
    Some commenters stated that Option (2) was impractical because 
there are currently no individuals who are accredited to carry out the 
duties of the auditor under the option (ID-0151.1; -0329.1.) OSHA 
notes, however, that employers have four years from the effective date 
of this standard to comply with Sec.  1926.1427, and the agency 
anticipates that, if the demand exists for the services of accredited 
auditors, they will become available during that time frame.
    An operator certification company recommended eliminating Option 
(2) because, in the commenter's view, it lacks sufficient safeguards to 
ensure the integrity of the qualification process. (ID-0330.1.) The 
commenter views this Option as a form of self-certification that is 
generally inconsistent with the rule's principle of third-party 
verification. It suggests that this Option presents an inherent 
conflict of interest based on the incentive that employers have to pass 
their employee-operators and that the conflict is not cured by an 
auditor's oversight of the program. OSHA disagrees. Under this option, 
the auditor must be independent of the employer and certified by an 
accredited testing organization. In OSHA's view, these requirements 
provide adequate assurance that a testing program approved by the 
auditor is of high quality and reliability.
Paragraph (d) Option (3): Qualification by the U.S. Military
    Proposed Sec.  1926.1427(d) provided that an operator who is an 
employee of the United States military would be deemed qualified if he/
she had a current qualification issued by the U. S. military. The 
criteria for qualification under Option (3) would be left to the 
military to determine, including the length of time such a 
qualification would be valid. Qualification under this option would not 
be portable unless it meets the requirements of Option (1) of this 
section.
    Unlike Options (1) and (2), Option (3) is available, in accordance 
with the requirements of paragraph (d), whether or not the equipment is 
operated within the jurisdiction of a State or local government that 
has its own operating licensing requirement. The Agency notes that in 
its comments requesting mandatory compliance with State licensing 
requirements, New York State noted that it did not intend to supplant 
Option (3). (ID-0171.1.) There is nothing in the record to indicate 
that employees of the U.S. military who are authorized by the U.S. 
military to operate equipment covered by this subpart are currently 
required to comply with State or local licensing requirements.
    In the proposed rule, OSHA noted that OSHA standards did not apply 
to uniformed military personnel and to civilian employees of the 
military who are engaged in uniquely military equipment, systems, and 
operations. Accordingly, Option (3) would apply only to civilian 
employees of the Defense Department and Armed Forces who are engaged in 
work that is not uniquely military. It does not apply to employees of 
private contractors who are working under contract to the military. In 
the proposed rule, OSHA noted that the C-DAC document did not clearly 
exclude such employees even though that was C-DAC's intent.
    To make this point clear, OSHA is adding the following 
clarification to Sec.  1926.1427(d)(1): An ``employee of the U.S. 
military'' is a Federal employee of the Department of Defense or Armed 
Forces and does not include employees of private contractors. This 
clarification was originally proposed in Sec.  1926.1427(m), which is 
removed from the final rule. Two commenters supported the clarification 
proposed by OSHA. (ID-0205.1; -0211.1.) Another said the provision 
should be clarified but did not express an opinion on whether OSHA's 
proposed clarification should be adopted. (ID-0122.) In the absence of 
any reasons presented in opposition to the proposed clarification, OSHA 
is retaining the clarification.
    Paragraph (d)(2) specifies that qualification under Option (3) is 
not portable. Because this option is designed specifically to 
accommodate civilian employees of the U.S. military, and therefore is 
not based on the same criteria and independent third-party 
verification. However, if a U.S. military entity meets the requirements 
of Option (1), OSHA would consider the operator certification provided 
by that entity to be portable.
Paragraph (e) Option (4): Licensing by a Government Entity
    Paragraph (e) of this section of the final rule addresses 
government licensing departments/offices that issue operating licenses 
for equipment covered by this standard. Paragraph (e)(1) makes it clear 
that OSHA is only requiring compliance with State or local operating 
licensing requirements when those licensing programs meet the 
requirements specified in paragraphs (e)(2). These requirements are 
commonly referred to as a ``Federal floor,'' meaning that they are the 
minimum criteria necessary to trigger

[[Page 48022]]

employer compliance with those licensing requirement under this 
standard. OSHA is including this ``Federal floor'' because it 
determines, as did C-DAC, that some, but potentially not all, State/
local governments will have effective, reliable licensing procedures. 
If OSHA determines that a State or local licensing department/office, 
or its testing, does not satisfy the minimum requirements set out in 
paragraphs (e) and (j), then employers would not be required by OSHA to 
comply with the licensing requirements of that government entity. In 
such cases, the employer would satisfy the requirements of this section 
by ensuring that their operators are certified or qualified in 
accordance with the options provided in paragraphs (b) through (d).
    The requirement for the government licensing department/office to 
meet the criteria in Sec.  1926.1427(e)(2) ensures that operators who 
qualify under Option (4) have the requisite knowledge and skills to 
operate safely. Paragraph (e)(2)(i) requires that the criteria used by 
the licensing department/office address the knowledge and skill 
requirements listed in Sec.  1926.1427(j). Section 1926.1427(e)(2)(ii) 
requires that the government entity follow the same test content, test 
administration and related criteria as required under Option (1). 
Section 1926.427(e)(2)(iii) requires that the office with authority 
over the licensing department/office assess the tests and procedures 
used by the licensing office/department and determine that the 
requirements of Sec. Sec.  1926.1427(e)(2)(ii) and 1926.1427(e)(2)(iii) 
have been met. Also, the government licensing office must have re-
certification procedures in place as discussed in Sec. Sec.  
1926.1427(b)(1)(iv) and 1926.427(c)(4).
    Under Sec.  1926.1427(e)(3)(i), a qualification under Option (4) is 
valid only within the geographic jurisdiction of the licensing entity. 
However, if the qualifications of Option (1) in Sec.  1926.1427(b) are 
met, OSHA would consider the operator certification provided by that 
entity to be portable. Under paragraph (e)(3)(ii), the qualification is 
valid for the time period specified by the licensing entity, but for no 
longer than five years.
    Several commenters expressed the concern that OSHA's new standard 
would preempt existing State or local laws, particularly those relating 
to licensing of crane operators. Others encouraged the Agency to 
expressly preempt those laws. The preemption issue is discussed in full 
at the end of this preamble within section V.D addressing federalism.
Other Recommended Options
    Commenters recommended that OSHA offer employers two additional 
options for qualifying or certifying operators. One is to allow 
employers to self-certify operators based on their own evaluation of 
the operator's ability. For the reasons discussed in the introduction 
to this section, OSHA rejects that suggestion.
    A number of commenters recommended that OSHA expand the range of 
options by allowing an accredited educational institution to certify 
operators. (ID-0105.1; -0147.1; -0151.1; -0187.1; -0193.1.) At the 
public hearing, a witness for a trade association further recommended 
an option whereby operators could be trained and qualified through an 
employer program developed by an accredited educational institution. 
(ID-0343.)
    Some commenters believed that additional options were needed 
because they believed that Option (1) was the only viable option for 
many employers and that an insufficient number of accredited testing 
organizations existed to meet the demand that an OSHA rule would 
create. (ID-0165.1; -0187.1; -0193.1.)
    OSHA notes that an educational institution, like any other testing 
organization, may become an accredited testing organization under 
Option (1) by becoming accredited by a nationally recognized 
accrediting agency based on the criteria listed under that option and 
complying with the ``firewall'' requirements of Sec.  1926.1427(g). 
However, OSHA determines the comments favoring this concept were 
addressing OSHA's request for comment on whether to allow an 
educational institution to certify operators based solely on its 
accreditation by an organization recognized by the Department of 
Education (DoE) without the need to be accredited under Option (1) (see 
73 FR 59812, Oct. 9, 2008).
    OSHA concludes that accreditation of an educational institution 
under DoE criteria is insufficient to ensure that a certification 
issued by the institution would reliably demonstrate that the crane 
operator has the knowledge and skills needed for safe operation. The 
fundamental reason is that the accreditation process for educational 
institutions does not include an assessment of an institution's ability 
to assess personnel competency.
    A representative from a consensus standard organization addressed 
this issue at the public hearing. The representative had experience 
both in accrediting educational institutions and personnel 
certification organizations. (ID-0344.) He testified that the 
accreditation of an educational institution under the DoE system is 
designed to assess the quality of the education an institution offers 
but does not determine whether the individuals who have attended that 
institution possess the specific skills or competencies required for 
particular jobs. Unlike an educational institution, which focuses on 
the number of graduates, attrition rates, and the percentage pass rate 
on any national certification or State licensure examinations, a 
personnel certification program is designed to address competency for 
job performance. Among the concerns cited by the representative were 
that the accreditation for an educational program does not assess 
competency, and that the tests administered by an educational program 
are not held to the same psychometric standards as those administered 
by an accredited personnel certification program. The commenter said 
higher education accreditation is concerned with the quality of 
education. Personnel certification accreditation, on the other hand, 
evaluates the quality of assessments to measure the acquisition and 
ongoing maintenance of valid job competencies. (ID-0344.) In addition, 
personnel certification is time-limited and certifying entities retain 
the ability to withdraw certification if the individual subsequently 
demonstrates a lack of competency. (ID-0344.) Institutions of higher 
education cannot revoke or repossess diplomas.
    The representative explained that a key difference between 
educational accreditation and personnel accreditation is surveillance 
of the test administration process by the accrediting body to ensure 
that an individual's score is not tainted by prior knowledge of the 
examination or by lack of security during the test itself. Using the 
ANSI accreditation process as an example, he explained that a 
certification entity seeking accreditation will undergo annual 
surveillance--onsite during the first and third years, which can 
encompass multiple sites if the certification entity's structure merits 
such review. ANSI examines the controls over test items and the 
development of test items, to ensure that these items are not released 
to the public. ANSI also looks to ensure that the organizational 
structure of the certifying entity is reflective of the population it 
is intended to serve, and that the administration is fair and equitable 
among all the applicants.

[[Page 48023]]

These criteria are not required elements of accreditation for higher 
education institutions, according to both the representative and 
Department of Education materials (see 34 CFR part 602).
    There is another reason why certification by an educational 
institution would, in most cases, not be suitable for crane operators: 
The need for personnel testing to be independent of the training that 
precedes the testing. As discussed below, Sec.  1926.1427(g) of this 
rule is designed to ensure that training is separate from testing to 
prevent an organization that offers both services from defeating the 
validity of the test by ``teaching to the test.'' OSHA acknowledges 
that it might be possible for an educational institution to provide the 
necessary ``firewalls'' between its training and testing, and obtain 
the separate accreditation required under this section, such that it 
could comply with Sec.  1926.1427(g). However, educational institutions 
typically both teach and test, and may do so within their educational 
accreditation without any requirement that the testing process be 
insulated from the teaching process.
    The purpose of a personnel certification test is different from a 
test offered by an educational institution, which is to determine 
whether the individual has mastered the material that was taught. As a 
labor representative stated at the hearing, personnel certification 
tests examine a random sampling of information that individuals must 
know to perform the function being tested. (ID-0341.) The labor 
representative pointed out that if the individual is tested only on the 
material he or she has been taught, the individual learns only the 
information needed to pass the test and the test is not a reliable 
measure of the person's depth of knowledge on the subject. Therefore, 
allowing educational institutions to certify crane operators based 
solely on their DoE accreditation would be inconsistent with the 
principle that testing for certification purposes should be independent 
of any training that the individual has received and would severely 
compromise the reliability of the certification process.
    In sum, the DoE accreditation system for educational institutions 
is not designed to assess the capabilities that are needed for 
developing or administering personnel competency tests.\117\
---------------------------------------------------------------------------

    \117\ At least one other Federal agency has also taken this view 
of certification. The Department of Defense requires the 
certification of certain personnel performing Information Assurance 
functions within that organization. Appendix 2 to DoD 8570.01-M, the 
directive addressing such certifications, requires that the 
certifications must be accredited, and maintain accreditation, under 
ISO 17024. (ID-0346.1.)
---------------------------------------------------------------------------

    Moreover, concerns about inadequate availability of certifying 
entities are unfounded. At the time of the proposed rule, two testing 
organizations, NCCCO and the Southern California Crane & Hoisting 
Association, had been accredited (see 73 FR 59812, Oct. 9, 2008). By 
the time of the hearing, four additional testing organizations had been 
accredited: The Operating Engineers Certification Program, Union 
Pacific Railroad, National Center for Construction Education and 
Research, and Crane Institute Certification. (ID-0343.) Although some 
of these are not available to all employers or crane operators, it does 
not appear that there will be a lack of availability of testing 
services under Option (1), particularly with the four-year phase-in 
period for Sec.  1926.1427.
    In addition, the record shows that testing organizations arrange 
for testing to be available at convenient locations. For example, NCCCO 
offers the written test anywhere in the country where it receives 
adequate notice and an appropriate testing room is available. (ID-
0343.) NCCCO also sends examiners to an employer's worksite to 
administer the practical tests. (ID-0343.) OSHA therefore concludes 
that the current four options afford crane operators and their 
employers sufficient opportunity to obtain qualification/certification 
and that additional options are not needed to make such services 
readily available.
    Two building trade associations recommended that OSHA add an option 
that combines aspects of Option (2) of this section with tests 
developed by an accredited educational institution. (ID-0218.1; -
0232.1.) Under their recommendation, the educational institution would 
develop written and practical tests, and the tests would be approved by 
an auditor who is certified by an accredited educational institution as 
qualified to evaluate such tests. The actual operator certification 
would be issued by the accredited educational institution.
    OSHA determines that this recommended program is, in practical 
effect, not significantly different than the general recommendation for 
OSHA to allow certification by an accredited educational institution. 
First, it is likely that educational institutions would be 
administering tests to individuals who have taken their training 
courses without ``firewall'' separation between those functions, 
thereby giving rise to the problem addressed above that testing would 
not be independent of training and would therefore be of reduced 
reliability. Second, although the commenters would not permit the 
auditor to be employed by the employer, there is no prohibition against 
the auditor being employed by the accredited educational institution 
who certifies him/her. In OSHA's view, this creates the potential for a 
conflict of interest because the auditor would not be independent of 
the institution whose tests he or she is reviewing. OSHA finds that the 
recommendation by the commenters does not contain sufficient safeguards 
to ensure that the tests provide an indicator of operator competence 
that is comparable to the other options permitted under this rule.
    One commenter asked OSHA to prohibit different organizations from 
administering the written and practical testing. (ID-0199.1.) The 
commenter stated that it is necessary for one organization to maintain 
oversight of the entire test process. The commenter did not provide any 
support for this assertion, nor has OSHA identified any other evidence 
in the record to support it. OSHA does not find the request persuasive 
and is instead relying on the accreditation requirements to ensure that 
the certifying entity administers all testing appropriately.
Paragraph (f) Pre-Qualification/Certification Training Period
    Section 1926.1427(f) establishes a process by which operators who 
are not certified or qualified can get experience operating the 
equipment to help prepare for obtaining a certification/qualification. 
Section 1926.1427(f) allows employees who are not yet qualified or 
certified to operate cranes provided that they qualify as ``operators-
in-training'' in accordance with Sec. Sec.  1926.1427(f)(1) through 
(5), which require appropriate monitoring of such operators-in-training 
to ensure worksite safety and places limitations on the tasks they can 
perform. OSHA revised proposed Sec.  1926.1427(f) to clarify that 
employees who do meet the requirements of an ``operator-in-training,'' 
and who are not otherwise certified or qualified under this section, 
are prohibited from operating equipment (except for maintenance, as 
provided in Sec.  1926.1429 of this subpart). OSHA has removed the text 
that was in proposed paragraph (f)(2) as redundant,\118\ and has 
renumbered paragraph (f) of this section.
---------------------------------------------------------------------------

    \118\ Proposed paragraph (f)(1) of this section had provided 
that ``[a]n employee who is not qualified or certified under this 
section is permitted to operate equipment'' by satisfying the 
requirements of proposed paragraph (f).'' Proposed paragraph (f)(2), 
and an alternative also included in the proposed rule, had granted 
the same permission to any employee who had not passed the written 
exam or practical tests required under Sec.  1926.1427. While OSHA 
still intends that employees who have passed either the written exam 
or practical test be eligible to serve as an ``operator-in-
training,'' it is not including this text in the regulation because 
these employees are already addressed by the language that was in 
proposed paragraph (f)(1) (``an employee who is not qualified or 
certified under this section'') and is included in the final rule as 
the introductory text for paragraph (f).

---------------------------------------------------------------------------

[[Page 48024]]

    The proposed rule used the phrase ``trainee/apprentice'' to 
describe an operator-in-training, the word ``supervisor'' to describe 
the individual responsible for monitoring the operator-in-training, and 
the word ``supervise'' to describe that individual's oversight of the 
operator-in-training. Several commenters suggested that the terms 
``trainee,'' ``apprentice,'' and ``supervisor'' could be construed to 
have labor/management consequences under the National Labor Relations 
Act (NLRA). (ID-0182.1; -0199.1; -0341.0.) OSHA did not intend for 
these terms to be construed as they are used under the NLRA, and, to 
avoid any possible confusion on the subject, has changed ``supervisor'' 
to ``trainer,'' ``trainee/apprentice'' to ``operator-in-training,'' and 
``supervise'' to ``monitor'' in the final rule.
    Paragraph (f)(1) requires that the operator-in-training be provided 
with sufficient training prior to operating the equipment to enable 
him/her to operate it safely under the limitations listed in this 
section and any additional limitations established by the employer. 
This ensures that, before beginning to operate the equipment at the 
site, the operator-in-training would have attained sufficient knowledge 
and skills to operate the equipment safely within the limitations and 
with the monitoring required by the remainder of Sec.  1926.1427.
    Paragraph (f)(2) restricts the operator-in-training operation of 
the equipment to those tasks currently within his/her ability. As the 
operator-in-training gains experience and demonstrates increased skill, 
this provision allows him/her to perform progressively more complex 
tasks.
    Paragraph (f)(3) sets forth the requirements that an employee would 
have to meet to be permitted to monitor the operator-in-training's 
operation of the crane. During the training period, the operator-in-
training must be closely monitored to ensure that he/she is operating 
in accordance with the training he/she has received and is adhering to 
the limitation in paragraph (f)(2) that he/she only performs tasks 
currently within his/her ability.
    Under paragraph (f)(3)(i) the operator-in-training's trainer has to 
be an employee or agent of the operator-in-training's employer. This 
ensures that the trainer has the authority to direct the actions of the 
operator-in-training.
    Paragraph (f)(3)(ii) requires that the operator-in-training's 
trainer must be either a qualified/certified operator (in accordance 
with Sec.  1926.1427), or to have passed the written portion of a 
qualification/certification test under one of the Options in Sec.  
1926.1427. In addition, the trainer must be familiar with the proper 
use of the equipment's controls. This provision is designed to ensure 
that the trainer has sufficient knowledge about the equipment to enable 
him/her to effectively oversee the safe operation of the crane.
    Paragraph (f)(3)(iii) requires that the trainer perform no tasks 
that would detract from his/her ability to monitor the operator-in-
training. This provision ensures that the trainer is able to devote 
sufficient attention what the operator-in-training is doing so that he/
she can intervene to prevent the operator-in-training from doing 
anything unsafe.
    Under paragraph (f)(3)(iv), for equipment other than tower cranes, 
the trainer and the operator-in-training must be in direct line of 
sight of each other and are required to communicate either verbally or 
by hand signals. This provision ensures that the trainer monitor can 
rapidly and effectively give instructions to the operator-in-training, 
especially for purposes of correcting anything that the operator-in-
training may be doing incorrectly.
    With respect to tower cranes, the height of the operator's station 
will often make it infeasible to maintain direct line of sight between 
the trainer and the operator-in-training. For the same reason, use of 
hand signals is also often not feasible. Therefore, the provision 
instead requires that they be in direct communication with each other. 
For example, direct communication could be achieved by radio or other 
instant electronic voice communication system.
    Section 1926.1427(f)(4) permits the operator-in-training to 
continue operating the crane in the absence of the trainer for short 
breaks under criteria designed to result in safe operation. This 
provision recognizes that monitoring 100 percent of the time is neither 
practical nor is it necessary for safe operation if appropriate 
limitations are imposed. Those limitations are listed in paragraphs 
(f)(4)(i)-(iii):
    Under paragraph (f)(4)(i), the break would be restricted to no more 
than 15 minutes, with no more than one break per hour.
    Under paragraph (f)(4)(ii), immediately prior to the break, the 
trainer must inform the operator-in-training of the specific tasks that 
the operator-in-training is authorized to perform and the limitations 
that he/she must adhere to during the break.
    Under paragraph (f)(4)(iii), the specific tasks that the operator-
in-training would perform during the break must be within the operator-
in-training's ability.
    Proposed paragraph (f)(2)(v) \119\ stated that a ``* * * trainee/
apprentice shall not operate the equipment in any of the following 
circumstances.'' This paragraph was followed by paragraphs 
(f)(2)(v)(A)-(E). Of these, paragraphs (f)(2)(v)(A)-(D) contained 
absolute prohibitions while paragraph (f)(2)(v)(E) contained a 
conditional prohibition. To avoid inconsistency between paragraph 
(f)(2)(v) and the paragraphs that followed, the paragraph, which is now 
at Sec.  1926.1427(f)(5) has been modified to make clear that there is 
an exception at (f)(5)(v).
---------------------------------------------------------------------------

    \119\ This requirement is now located at Sec.  1926.1427(f)(5).
---------------------------------------------------------------------------

    Paragraph (f)(5) recognizes that certain tasks are too complex or 
present such heightened risks that it would be unreasonably dangerous 
if a less than fully qualified operator were to operate the equipment. 
For the circumstances listed in Sec. Sec.  1926.1427(f)(5)(i)-(v), the 
operator-in-training is prohibited from operating the equipment in all 
cases. With respect to operations involving multiple-lift rigging, the 
Committee determined that the difficulty and/or risk involved is not at 
the same level as the operations listed in Sec. Sec.  
1926.1427(f)(5)(i)-(iv). Consequently, while Sec.  1926.1427(f)(5) 
contains a general prohibition against an operator-in-training 
operating the equipment during multiple-lift rigging operations, an 
exception would apply where the trainer determined that the operator-
in-training's skills are sufficient for this high-skill work.
    A utility company objected to the requirement in proposed Sec.  
1926.1427(f)(2)(v)(A) that operators-in-training who are performing 
subpart V work (construction and improvement of power lines) maintain 
at least a 20-foot distance from energized power lines, asking that 
operators-in-training only be required to maintain the same clearance 
from power lines (those listed in Table V-1 of subpart V) as certified 
operators. (ID-0144.1.) This commenter claimed that the prohibition 
would limit the ability of electric utility owners and operators to 
provide operators-in-training with hands on training.

[[Page 48025]]

    Based on the record as a whole, OSHA is convinced that the risk of 
injury from contact with an energized power line is so great that it 
warrants extra precautions, particularly with respect to operators who 
are still learning how to operate their equipment. OSHA notes that the 
other electric utilities and representatives who submitted comments and 
appeared at the hearing did not voice a similar concern, nor did the 
industry's representatives on C-DAC. OSHA also notes that the exclusion 
of digger derricks from the scope of this subpart for pole work should 
largely alleviate this commenter's concern. Accordingly, OSHA is 
retaining paragraph (f)(5)(i) in the final rule.
Paragraph (g)
    Paragraph (g) of this section provides that ``a testing entity is 
permitted to provide training as well as testing services as long as 
the criteria of the applicable accrediting agency (in the option 
selected) for an organization providing both services are met.'' This 
paragraph serves two purposes. First, it makes clear that an entity 
providing qualification/certification testing may also provide training 
to the individuals it tests, as well as others. Second, it establishes 
a condition such entities must satisfy: the testing agency must meet 
the criteria of its accrediting agency for an organization providing 
both services.
    For example, an industry consensus standard, the International 
Organization for Standardization (``ISO'') 17024, requires that a 
certifying entity only offer training if it can demonstrate that the 
training is independent of both evaluation and certification. This is 
intended to prevent the entity's training arm from ``teaching to the 
test,'' which would detract from the test's ability to determine the 
individual's true knowledge of the subject matter needed for safe 
operation. It is also necessary to protect the integrity of the 
testing. Therefore, with respect to those accrediting agencies that 
apply the ISO standard, a testing entity may also conduct training as 
long as an adequate ``firewall'' exists between the two functions.
Paragraph (h)
    Paragraph (h) of this section addresses C-DAC's concern that some 
competent crane operators may be hindered in obtaining qualification or 
certification under this section because they have difficulty with 
taking written tests even though they possess sufficient literacy for 
reading and understanding safety-related material such as the crane's 
operating manual and load chart. To avoid disqualifying individuals 
solely because they have this type of difficulty, paragraph (h) permits 
written tests under this section to be administered verbally, with 
answers given verbally, where the operator candidate (1) passes a 
written demonstration of literacy relevant to the work; and (2) 
demonstrates the ability to use the type of written manufacturer 
procedures applicable to the class/type of equipment for which the 
candidate is seeking certification. These would typically include, for 
example, the load chart and operator's manual for the crane the 
candidate would be operating. Thus, paragraph (h) only permits tests to 
be administered verbally where the individual demonstrates the literacy 
needed to read and understand written material needed for safe 
operation.
    As explained in the proposed rule, neither of the demonstrations in 
paragraphs (h)(1) or (h)(2) would have to be made in English (see 73 FR 
59816, Oct. 9, 2008). As an example, under these provisions, an 
employer could obtain a Spanish-language version of the load charts and 
operator's manual, and arrange to have the literacy test administered 
in Spanish. An operator able to meet the requirements of Sec.  
1926.1427(h) using these Spanish language materials would have 
demonstrated adequate literacy under the rule.
    A trade association supported the provision allowing examinations 
to be administered verbally. (ID-0151.1.) A testing organization 
opposed the provision, believing it adds an unnecessary and potentially 
harmful step in the qualification process. (ID-0343.) The testing 
organization was concerned that the rule does not identify standards or 
protocols by which the written demonstration of literacy relevant to 
the work and the ability to use written manufacturer procedures are to 
be made.
    OSHA recognizes the testing organization's concern but concludes 
that the rule must allow sufficient flexibility in the testing process 
to enable individuals who have sufficient literacy skills and are 
demonstrably competent to operate a crane, but are deficient in written 
test-taking ability, to obtain qualification/certification under this 
rule. Accordingly, OSHA is retaining the provision allowing tests to be 
administered verbally if the specified demonstrations of literacy are 
made.
    OSHA requested comment on several issues arising under paragraph 
(h), including (1) Whether, if an operator complies with paragraph (h) 
by demonstrating proficiency in a language other than English, the 
qualification/certification should be limited to the use of equipment 
that is equipped with materials in the operator's language; (2) whether 
the rule needs to incorporate safeguards to ensure that a translation 
of manufacturer-supplied materials conveys the same information as the 
original; (3) whether employers should be permitted to use manuals that 
have been re-written in simplified language to accommodate individuals 
whose literacy level does not permit them to understand the 
manufacturer-supplied materials.
    One trade association commented that, in many regions of the United 
States, employers rely on non-English speakers to operate cranes and 
stated that OSHA should require testing organizations to offer crane 
operator certification in languages other than English. (ID-0231.1.) 
OSHA's longstanding position is that workers must be trained and 
provided with information in a language that they can understand. That 
is particularly important for crane operators, who will be in control 
of large pieces of equipment, with the potential to inflict major 
damage and injury.
    It was C-DAC's intent in the proposed rule, and it is OSHA's intent 
in this final rule, that non-English speaking operators will have the 
ability to become certified using languages other than English. 
Paragraph (h)(2) of the rule, therefore, authorizes testing 
organizations to administer tests in any language that the operator 
candidate understands. Paragraph (h)(2) is intended to ensure that 
crane operators are certified in a language that they comprehend, and 
that the cranes they operate are equipped with the requisite materials 
in that language. OSHA intends to work with certifying organizations to 
ensure that examinations in appropriate languages are available within 
the four-year phase-in period under this section.
    OSHA expects employers who perform their own testing under 
paragraph (c) to test candidates in the languages understood by their 
workers. OSHA concludes that accredited testing organizations providing 
certifications under paragraph (b) should likewise provide testing in 
major languages understood by the relevant worker population of the 
regions in which they do business. Doing so will maximize an 
organization's share of the testing market. Moreover, OSHA expects that 
employers who rely on testing organizations will demand testing in the 
languages understood by their workforces.

[[Page 48026]]

Paragraph (i) [Reserved.]
Paragraph (j) Certification Criteria
    Paragraph (j) of this section sets out the qualification and 
certification criteria applicable to Options (1), (2), and (4) of this 
section. These criteria address the knowledge and skills that are 
fundamental to safe crane operation. As stated in the introductory 
language in Sec.  1926.1427(j), these would constitute ``minimum'' 
criteria; the accredited testing organizations, employers, or local or 
State licensing offices would not be precluded from adding additional 
requirements to their certification or qualification programs.
    Paragraph (j)(1) describes the criteria that must be covered by the 
written examination portion of a qualification/certification program. 
As stated above in the discussion of examination administration, the 
written portion of the examination may be administered orally, so long 
as the candidate has demonstrated sufficient literacy relevant to the 
work (e.g., load charts and equipment manual).
    Paragraph (j)(1)(i) states that the individual seeking 
qualification or certification must know ``the information necessary 
for safe operation of the specific type of equipment the individual 
will operate * * *'' Paragraph (j)(1)(i) goes on to list specific types 
of information the individual must know.
    Paragraph (j)(1)(i)(A) requires that the written examination 
address the candidate's knowledge of the equipment controls and 
operational/performance characteristics of the specific type of 
equipment. Operational/performance characteristics would include, for 
example, the deflection characteristics of the boom, including how 
deflection affects the positioning of the load and the extent to which 
deflection varies with boom angle and length as well as load weight. 
Also, equipment with lattice/cable supported booms has different 
deflection characteristics than equipment with non-lattice booms (that 
is, hydraulic ram extensible booms).
    Paragraph (j)(1)(i)(B) requires the candidate to know the use of, 
and be able to calculate (manually or with the use of a calculator), 
load/capacity information on a variety of configurations of the 
equipment. Such information is typically contained in load charts and 
manuals. This provision ensures that the operator is able to accurately 
determine, independently, the capacity of the equipment in each 
situation that he/she might encounter and thereby avoid overloading the 
equipment.
    Paragraph (j)(1)(i)(C) requires the candidate to know procedures 
for preventing and responding to power line contact. As discussed above 
in relation to Sec. Sec.  1926.1407-1926.1411, electrical contact with 
power lines is one of the principal causes of crane-related fatalities 
and injuries, and those sections contain detailed requirements for 
preventing such contact and for reducing the likelihood of death or 
injury should such contact occur.\120\ Knowing how to prevent and 
respond to power line contact is therefore critical knowledge for any 
crane operator.
---------------------------------------------------------------------------

    \120\ As provided in Sec.  1926.1408(g)(1)(i)(A) on power line 
safety, operators must be aware of the danger of electrocution if 
they simultaneously touch energized equipment and the ground. They 
must also, pursuant to Sec.  1926.1408(g)(1)(i)(B), be trained to 
understand that when the equipment makes electrical contact with a 
power line, the operator's safety requires him or her to remain 
inside the cab except where there is an imminent danger of fire, 
explosion, or other emergency that necessitates their leaving the 
cab.
---------------------------------------------------------------------------

    Paragraph (j)(1)(i)(D) addresses the need for crane operators to 
have technical knowledge similar to the subject matter listed in 
Appendix C applicable to the specific type of equipment the individual 
will operate. These criteria were selected by C-DAC because, in the 
experience of the committee's members, they are critical knowledge and 
skill areas for equipment operators. OSHA defers to C-DAC's experience 
on this issue and notes that the Agency did not receive any comments 
suggesting that a particular item be removed from this list. While 
testing based on the specific list provided in Appendix C is not the 
means of satisfying the requirements of Sec.  1926.1427(j)(1)(i)(D), 
alternative criteria must be ``similar to'' that of Appendix C. The 
appendix also serves as a ``safe harbor,'' meaning that testing on all 
of the criteria provided in Appendix C would satisfy the requirements 
of Sec.  1926.1427(j)(1)(i)(D).
    In addition to the technical knowledge that is required under Sec.  
1926.1427(j)(1)(i)(D), technical knowledge applicable to three specific 
subjects is required under Sec.  1926.1427(j)(1)(i)(E). Paragraph 
(j)(1)(i)(E)(1) requires that an operator have technical knowledge 
about the suitability of the supporting ground and surface to handle 
expected loads. Paragraph (j)(1)(i)(E)(2) requires operators to possess 
technical knowledge applicable to site hazards, such as hazards posed 
by excavations or vehicular traffic. Paragraph (j)(1)(i)(E)(3) requires 
operators to have technical knowledge about site access so that the 
operator can evaluate whether conditions at the point of access to the 
site enable the equipment to travel safely onto or off of the site. For 
example, where equipment must descend or ascend a dirt ramp, the 
operator needs to be able to assess the effect of the ramp's steepness 
and to detect signs of instability.
    Paragraph (j)(1)(i)(F) requires operators to demonstrate a thorough 
knowledge of this subpart, including incorporated materials. Operators 
play a key role in the application of these requirements, and it is 
therefore essential that they understand them. Paragraph (j)(1)(ii) 
provides that the individual is able to read and locate relevant 
information in the equipment manual and other materials containing 
information referred to in paragraph (j)(1)(i) of this section. As 
discussed above in relation to paragraph (h), the written materials to 
which this paragraph refers must be in a language that the individual 
can read and in which the individual is tested.
    Paragraph (j)(2) requires that the qualification/certification 
examination include a determination through a practical test that the 
individual has the skills necessary for the safe operation of the 
equipment. It also states criteria for such a test. Paragraph (j)(2)(i) 
requires that an individual demonstrate the ability to recognize, from 
visual and auditory observation, the items listed in proposed Sec.  
1926.1412(d), which sets criteria for shift inspections. Paragraph 
(j)(2)(ii) requires the operator to demonstrate operational and 
maneuvering skills. Paragraph (j)(2)(iii) requires that the operator 
demonstrate the ability to apply load chart information. Paragraph 
(j)(2)(iv) requires that an operator be able to apply safe shut-down 
and securing procedures.
    One commenter suggested incorporating standard verbal operation 
signals into the certification criteria. (ID-0110.1.) A different 
commenter asked OSHA to require knowledge of the ``dynamics of boom 
flex'' in its criteria for certification. (ID-0125.) To the extent that 
knowledge of such signals and the dynamics of boom flex are required 
for the safe operation of the type of equipment the individual will 
operate, they would be covered under Sec.  1926.1427(j)(1)(i). The 
examples of the types of information that would be required for 
certification are not all inclusive. OSHA defers to C-DAC's experience 
with respect to the determination of which examples should be 
highlighted in paragraph (j).
    No other comments were received on Sec.  1926.1427(j); it is 
promulgated as proposed, except that OSHA has corrected ``audible 
observations'' to read

[[Page 48027]]

``auditory observations (observations through the use of the ear).
Paragraph (k) Phase-In
    As discussed above, a number of commenters believe that Option (1) 
of this section (certification by an accredited testing organization) 
is the only viable option for many employers and expressed concern 
about the availability of sufficient accredited testing organizations 
to meet the demand that this rule would create. Therefore, in the final 
rule, OSHA has provided a four-year phase-in period for compliance with 
paragraph (a)(2), which requires employers to have their operators 
certified or qualified under Option (1) (independent certifying 
organization), Option (2) (audited employer certification), or Option 
(3) (U.S. military employees). Paragraph (k)(1) of this section of the 
final rule sets out different effective dates for the different 
provisions of Sec.  1926.1427: all provisions except paragraphs (a)(2) 
and (f) of this section are enforceable as of the effective date of new 
subpart CC, whereas the certification required under paragraph (a)(2) 
will not be required until the end of the phase-in period, which is 
four years after the effective date of subpart CC.
    The phase-in period does not apply to compliance with licensing 
requirements of government entities. Those government entities already 
require compliance with their own licensing requirements, and OSHA sees 
no rationale for delaying compliance with existing law. Employers would 
be required to comply with State or local government entity licensing 
requirements only to the extent that State or local government entity 
licenses comply with the ``Federal floor'' established in paragraphs 
(e)(2) and (j) of this section. The options available under Sec.  
1926.1427(a)(2) would remain available, and the four-year phase-in 
period would apply.
    As already discussed, C-DAC determined that the market would 
respond to a qualification/certification requirement, and the increase 
in the number of accredited testing organizations since C-DAC completed 
its consensus document validates that view (OSHA notes that several 
more testing organizations have become accredited since the proposed 
rule was issued). There is no evidence in the record that the available 
testing organizations will be unable to meet the demand even if almost 
all employers choose that option. The four year period will provide 
time for additional testing organizations to become accredited for 
purposes of Option (1).
    A labor organization suggested that the four-year phase-in period 
be reduced to two years. (ID-0409.1.) The commenter stated that C-DAC 
agreed to the four-year period when it issued its report in 2004 to 
allow sufficient time for additional certification services to become 
available. It noted that several additional testing organizations had 
become accredited since 2004 to meet the demand for certification under 
various State laws and suggested that the number of accredited testing 
organizations was now sufficient to meet the demand under this rule 
within two years. Another commenter also suggested that the phase-in 
period could be reduced to two or three years if sufficient certifying 
organizations are available when the final rule is issued. (ID-0104.1.)
    OSHA concludes that the rulemaking record supports the proposed 
four-year phase-in period. While the availability of certification 
services has increased since C-DAC issued its report, four years is a 
reasonable amount of time to ensure that the supply of certification 
services will be sufficient to meet demand. It will also provide time 
for those operators who need additional training to pass qualification/
certification tests to complete that training, and for accredited 
testing organizations to develop tests in languages other than English 
to accommodate crane operators for whom English is not their first 
language.
    The four year period will also provide time for the market to also 
respond to demand for certification programs for certified auditors as 
described under Option (2) of this section (and for employers who so 
choose to develop audited programs for use under Option (2)). Some 
State and local government entities now offer licenses and, if those 
licensing organizations do not already meet the criteria under Option 
(4) of this section, the four-year phase-in period gives them time to 
do so if they so choose. C-DAC's determination that four years is a 
reasonable phase-in period was not based solely on the availability of 
testing services under Option (1) of this section, and OSHA continues 
to agree that period is appropriate.
    Under paragraph (k)(1), during this four year period, Sec. Sec.  
1926.1427(k)(1)(i) and (ii) address the qualifications and training an 
operator must have before becoming qualified or certified under one of 
the four options. Section 1926.1427(k)(1)(i) requires that operators be 
competent for the purposes of operating the equipment safely. This 
means that the operator must have the requisite knowledge and skill to 
identify, anticipate, and avoid actions which could result in hazardous 
conditions related to the equipment and job site.
    Paragraph (k)(1)(ii) requires that employers ensure that operators 
who do not already have sufficient knowledge or skill to operate the 
equipment safely undergo training prior to engaging in operations. In 
addition, the employer is required to ensure that the operator is 
evaluated to confirm that he/she understands the information provided 
in the training.
    The interim measures in paragraph (k)(1) are not significantly 
different from requirements that were effective under subpart N of this 
part at former Sec.  1926.550, Sec.  1926.20(b)(4) (``the employer 
shall permit only those employees qualified by training or experience 
to operate equipment and machinery''), and Sec.  1926.21(b)(2)(``the 
employer shall instruct each employee in the recognition and avoidance 
of unsafe conditions . . .''). However, they are included in this final 
rule to ensure that there will not be a gap with respect to operator 
qualifications between the termination of the requirements under 
subpart N of this part at former Sec.  1926.550 and the effective date 
of Sec. Sec.  1926.1427(a) through (j) and (m).
Paragraph (l) [Reserved.]
Definitions
    The proposed rule contained definitions of ``portable'' and ``not 
portable'' in proposed Sec.  1926.1427(m). In addition, OSHA stated 
that it was considering adding a definition of ``employee of the U.S. 
military'' to paragraph (m). As noted above, OSHA has moved the 
definitions of ``portable'' and ``not portable'' to the provisions 
where those terms are used, and has added a definition of ``employee of 
the U.S. military'' to paragraph (d). As a result, proposed paragraph 
(m) is not needed and is removed.
Physical Qualifications and Substance Abuse Testing
Physical Qualifications
    C-DAC considered whether to include in this standard provisions 
that would require equipment operators to meet particular physical 
qualifications. After considering various possible approaches, 
including those in industry consensus standards, the Committee decided 
that it would be very difficult, and likely unnecessary, to identify 
minimum physical requirements that would be appropriate.
    First, the physical demands of equipment covered by this rule vary 
significantly depending on the type and,

[[Page 48028]]

in some cases, age of the equipment. For example, some equipment is 
operated largely by electronic controls. In contrast, older ``friction 
cranes'' have pedal controls that can require significant strength and 
stamina to operate. Some equipment is air conditioned whereas other 
equipment is not. Tower cranes can require very long climbs to the 
operator station; small mobile hydraulic cranes typically have an 
operator's station that is much more easily accessible. A requirement 
regarding physical qualifications would have to account for these types 
of differences.
    Second, establishing physical qualifications that would 
appropriately account for the effect of medical conditions would be a 
complex undertaking. The Committee ultimately determined that, in light 
of its members' experience that accidents caused by problems associated 
with the operator's physical/medical condition are rare, the issue of 
physical qualifications did not need to be addressed by this standard.
    Several commenters suggested that OSHA should require operators to 
undergo and pass medical examinations. (ID-0104.1; -0143.1; -0151.1; -
0152.1; -0187.1.) A trade association suggested that medical testing of 
vision, hearing, and potential for seizures, epilepsy, emotional 
instability, high blood pressure, and other physical impairments should 
be part of requirements for safe crane operation. (ID-0187.1.) A safety 
consultant stated that establishing physical qualifications that would 
appropriately account for the effects of medical conditions would not 
be a complex undertaking. (ID-0152.1.) This commenter suggested that a 
doctor who performs an operator's physical and medical examination 
could determine if an operator was medically qualified to operate a 
crane.
    OSHA is not persuaded by these comments. First, OSHA concludes that 
it would not be reasonable to rely on the unguided discretion of 
examining physicians to determine whether an operator is medically 
qualified to operate a crane. Doing so would likely lead to a wide 
variation in the medical conditions that different physicians believe 
are either necessary or unnecessary for crane operation. Moreover, 
individual physicians are unlikely to be aware of the variety of 
conditions that may influence an individual's ability to operate a 
crane safely, such as the variation in strength needed to operate the 
controls on different types of cranes. Although physicians are able to 
determine if an individual has a particular medical condition, they are 
not well situated to determine if that condition should preclude the 
individual from operating a crane.
    OSHA also finds the comment by the trade association to be 
unpersuasive. First, this commenter nominated a C-DAC member, who did 
not dissent on this issue. The commenter did not explain why it is 
deviating from the position its nominee took on C-DAC, and for that 
reason OSHA gives reduced weight to its comment. Moreover, OSHA notes 
that some of the criteria suggested by the commenter, particularly the 
phrase ``other physical impairments,'' are of questionable value in 
determining the physical qualifications of crane operators. Indeed, 
OSHA determines that the commenter's inclusion of such a catchall 
phrase highlights the difficulty of trying to list the medical 
conditions that should preclude a person from operating a crane.
    In short, OSHA has not been given any persuasive reason to deviate 
from the considered judgment of C-DAC that this standard should not 
address the issue of physical qualifications of equipment operators.
Substance Abuse Testing
    As explained in the proposed rule, C-DAC considered whether to 
include mandatory substance abuse testing for equipment operators and 
others, such as signal persons, whose jobs affect safety. It decided 
against doing so because of the procedural limitations such a 
requirement would impose on employers who have voluntarily instituted 
substance abuse programs; a government mandate for substance abuse 
testing would have to meet constitutional safeguards.\121\ For example, 
under a government-mandated testing program, an employer likely would 
not be permitted to ``stand down'' an operator based on an unconfirmed 
test result but would need to wait until a positive result is verified 
by a medical review officer. The Committee did not want to restrict an 
employer's ability to suspend an operator who tested positive pending 
confirmation of the result.
---------------------------------------------------------------------------

    \121\ See Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 
602 (1989); International Brotherhood of Teamsters v. Department of 
Transportation, 932 F.2d 1292 (9th Cir. 1991).
---------------------------------------------------------------------------

    In short, the Committee balanced the potential benefits from a 
requirement for substance abuse testing that would have more 
restrictive procedures against the fact that many employers already 
have their own programs in place that, in C-DAC's view, may be more 
protective than what could be enacted as an OSHA requirement. C-DAC 
concluded that it would be better not to include a substance abuse 
requirement.
    Several commenters recommended that OSHA include substance abuse 
testing in the final rule. (ID-0104.1; -0105.1; -0151.1; -0152.1; -
0187.1.) These commenters did not, however, address C-DAC's conclusion 
that an OSHA mandate for such testing could have the adverse 
consequence of limiting employers' ability to enforce their own 
substance abuse testing programs and could thereby detract from 
worksite safety. OSHA therefore defers to C-DAC's judgment and declines 
to include a substance abuse testing requirement in the final rule.
Section 1926.1428 Signal Person Qualifications
    As discussed under Sec.  1926.1419, Signals--general requirements, 
the safety of equipment operations depends in many situations on 
signals given to the operator. It is critical that the operator 
understand the signals given, and the signal person must therefore be 
able to give clear, accurate and appropriate signals that unambiguously 
convey the needed information. The Committee, which included a number 
of members with significant experience with signal persons, was 
concerned that some signal persons are not able to recognize the 
hazards involved with certain crane operations, do not, in some cases, 
understand what it is that the crane needs to do to accomplish the 
task, and do not know how to give the appropriate signals. This poses 
hazards, such as struck-by and crushed-by hazards, due to either 
miscommunication or the communication of instructions that are 
inappropriate.
    An example of the type of accident that can be caused by 
miscommunication from not knowing the appropriate signals is as 
follows: The signal person intends to indicate to the operator to hoist 
up, since the load needs to be raised straight up. However, the signal 
person uses the standard signal for booming up in the mistaken belief 
that this signal is for hoisting up. A struck-by or crushed-by incident 
could result because, when booming up, the load will move laterally as 
well as vertically.
    A failure to understand what it is that the crane needs to do to 
accomplish a task can also lead to struck-by or crushed-by incidents. 
For example, as a crane booms down, boom deflection tends to increase, 
which has the effect of lowering the load more than if there were no 
boom deflection. If the signal person is unfamiliar with this boom 
characteristic, he or she may fail to

[[Page 48029]]

signal in time for the load to stop at the correct point or may cause 
the load to descend too quickly.
    The Committee concluded that to prevent such accidents it is 
necessary to establish qualification criteria that would have to be met 
for an individual to serve as a signal person (that criteria is set out 
in proposed Sec.  1926.1428(c), discussed below). The employer would 
have the option of using one of two methods for ensuring that these 
criteria were met. Under Option (1) of this section (Sec.  
1926.1428(a)(1)), the signal person would have documentation from an 
independent ``qualified evaluator (third party),'' as defined in Sec.  
1926.1401, showing that the evaluator had determined that the signal 
person meets the requirements of Sec.  1926.1428(c).
    This qualification would be portable, that is, any employer could 
rely on such documentation to show that a signal person meets the 
criteria. C-DAC determined that such portability would be appropriate 
because of the independence and expertise of the third-party evaluator.
    Under Option (2) of this section (Sec.  1926.1428(a)(2)), an 
employer's own qualified evaluator (not a third party) would determine 
that a signal person meets the qualification requirements. Since such a 
determination would not be done by an independent entity, other 
employers would not have a basis to assume that the assessment had been 
done correctly. Therefore, a qualification under this option would not 
be portable; other employers would not be permitted to rely upon it to 
show that the signal person meets these requirements.
    One commenter argued for the deletion of Option (2) of this section 
(the employer option) altogether to ensure that an independent 
evaluator trains signalpersons according to the established best 
practices of the industry. (ID-0156.1.) The commenter did not explain 
why employer evaluations were less effective. To the contrary, the 
Agency notes that C-DAC experience indicated that employer evaluations 
of signal persons were effective. The employer evaluation may in some 
cases be even more effective and efficient than independent 
evaluations, such as for the evaluation of employer specific signals. 
Sections 1926.1428(a)(1) and (2) (Options (1) and (2)) are promulgated 
as proposed.
    The term ``qualified evaluator'' used in proposed Sec.  
1926.1428(a)(2) was defined in proposed Sec.  1926.1401 as ``a person 
employed by the signal person's employer who has demonstrated that he/
she is competent in accurately assessing whether individuals meet the 
Qualification Requirements in this subpart for a signal person.'' In 
reviewing the C-DAC document, the Agency realized that the Committee 
had not provided a definition for the term ``third party qualified 
evaluator,'' which was used in proposed Sec.  1926.1428(a)(1). OSHA 
therefore added to the proposed rule a definition for this term.
    The Agency requested public comment about whether this definition 
is appropriate, and two commenters indicated support for the 
definition. (ID-0187.1; -0205.1.) One commenter requested that, in the 
phrase, ``due to its independence and expertise,'' the Agency add 
``history in providing training'' as an additional criterion and 
include labor-management joint apprenticeship training programs as an 
example of an entity that meets this definition. (ID-0191.1; -0194.1.)
    The role of the third-party qualified evaluator in Sec.  
1926.1428(a)(2) is to assess the individual's competence. The expertise 
needed for training is not the same as the expertise needed for 
evaluating competence (see the explanation of the distinction between 
training expertise and competence evaluation in the discussion of Sec.  
1926.1427). Therefore, it would be inappropriate to require training 
expertise as a prerequisite for being considered a third-party 
qualified evaluator.\122\ Similarly, while labor-management joint 
apprenticeship training programs that train and assess signal persons 
would typically meet the definition for a third-party qualified 
evaluator, OSHA concludes that including them as an example in the 
definition could incorrectly imply that training expertise (as opposed 
to assessment expertise) is a prerequisite.
---------------------------------------------------------------------------

    \122\ A third party evaluator that did not have signal person 
training expertise would nonetheless have to have substantive 
expertise in signaling and the other subjects referred to in Sec.  
1926.1428, as well as expertise in assessment, to meet the 
``expertise'' criterion in the definition.
---------------------------------------------------------------------------

    Several other commenters expressed general support for the 
definition of a third-party qualified evaluator but requested 
clarifications. Two of these commenters proposed changing the 
definition to specify that an ``individual'' could also qualify as a 
third-party qualified evaluator. (ID-0205.1; -0222.1.) This is 
unnecessary because the word ``entity'' already encompasses an 
individual. The other commenters recommended that OSHA further clarify 
the definition by requiring an evaluating entity to ``demonstrate'' its 
competence through an independent body's audit, certification, or 
accreditation. (ID-0169.1; -0211.1.) OSHA agrees with C-DAC that 
competence can be demonstrated in a variety of ways and is not 
establishing an accreditation requirement as for evaluators of crane 
operators. The assessment of a signal person's qualifications is 
inherently less complex than the assessment of a crane operator's 
qualifications because the range of signals and their applications are 
more finite than the wide assortment of scenarios and skills for which 
a crane operator must be tested. As such, the need for independent 
assessment of the evaluator is diminished. Therefore, the Agency has 
not made the suggested changes; the definition is promulgated as 
proposed except that the defined term is ``qualified evaluator (not a 
third party)'' in the final rule.
    Another commenter at the hearing, citing the availability of 
experienced, trained signal persons in his organization, requested a 
``grandfather'' clause for signal persons so that previous training and 
proof of hands-on practical experience would qualify signal persons 
under this rule, citing the availability of experienced, trained signal 
persons in that organization. (ID-0345.17.) OSHA does not agree that a 
``grandfather'' clause is necessary or appropriate. The experienced, 
trained workers to which the commenter refers should be able to pass 
the required assessment with little additional training.\123\
---------------------------------------------------------------------------

    \123\ In many cases the only additional training that likely 
will be needed for those experienced and trained workers will be to 
become familiar with the relevant requirements of Sec. Sec.  
1926.1419-1926.1422, and Sec.  1926.1428 (knowledge of that 
information is required under Sec.  1926.1428(c)(4)).
---------------------------------------------------------------------------

    OSHA concurs with the C-DAC Committee's determination that it is 
important for employers to make the documentation of signal person 
qualifications readily available to employees and others who need to 
rely on those qualifications, such as crane operators who rely on 
signal persons provided by a different employer, or OSHA for compliance 
purposes. In proposed Sec.  1926.1428(a)(3), OSHA included C-DAC's 
language requiring that the documentation be ``available,'' rather than 
``available at the site,'' but noted that C-DAC intended that the 
documentation be available at the site by, for example, the 
documentation being physically present at the site or through use of an 
on-site computer. OSHA asked for public comment on changing the term 
``available'' to ``available at the site.''
    Two commenters objected to the proposed change, indicating that it 
is not necessary to have the documentation on site so long as it can be 
readily produced. (ID-0205.1; -0222.1.) The commenters did not,

[[Page 48030]]

however, provide further explanation or cite any examples of how the 
documentation would be ``readily produced'' quickly through means other 
than via computer. Moreover, the commenter's suggestion that documents 
be ``readily produced'' is vague and could encompass documents that 
might be ``produced'' offsite quickly but not transmitted in a timely 
manner to the work site. OSHA has decided to modify the language used 
in the proposed rule and require in the final rule that the 
documentation be available at the site, and is also adding language to 
make it clear that the employer is responsible for making that 
documentation available at the worksite.
    In the proposed rule preamble, the Agency noted that the C-DAC 
draft of Option (2) of this section did not explicitly state that 
documentation of the signal person's qualification by this method is 
required. However, proposed Sec.  1926.1428(a)(3) stated that ``the 
documentation for whichever Option is used shall be available. * * *'' 
It was not clear to the Agency if C-DAC intended to require 
documentation under Option (2) of this section as it did for Option 
(1), or if it only intended that any documentation the employer chose 
to create under Option (2) would have to be made available.
    One reason to require documentation under Option (2) of this 
section is the Committee's concern that, at present, the operator's 
employer has no ready means of determining if the signal person (who is 
typically a different employer's employee) has the necessary knowledge 
and skill for signaling until after hoisting operations have begun. In 
other words, a problem with the signal person's ability may not become 
evident to an operator until a hazardous situation has already arisen. 
Requiring documentation enables this determination to be made before 
hoisting operations begin.
    Requiring documentation under Option (2) of this section addresses 
C-DAC's concern. Therefore, in the proposed rule, OSHA expanded the 
first sentence of the C-DAC version of Sec.  1926.1428(a)(2) to clarify 
that documentation is required under Option (2). The only comment 
received on OSHA's inclusion of an explicit requirement for 
documentation under Option (2) was from SC&RA, which supported its 
inclusion. (ID-0205.1.) Therefore, in the final rule, documentation is 
required under Option (2).
    The Agency concludes that the rationale for including an explicit 
requirement for documentation under Option (2) of this section--the 
need for other affected employers at the site, such as the operator's 
employer, to have a ready means of determining if the signal person has 
the necessary knowledge and skill before beginning hoisting 
operations--also necessitates that the documentation be available at 
the site. OSHA is concerned that if it is not available at the site 
(either in paper form or electronically), it is less likely that the 
documentation will serve its intended purpose. Therefore, in the final 
rule, the documentation required under both Option (1) and Option (2) 
of this section must be available at the site.
    OSHA is also adding a requirement in paragraph (a)(3) of this 
section of the final rule that the documentation must specify each type 
of signaling for which the signalperson has been tested and meets the 
requirements of Sec.  1926.1428(c). This requirement parallels the 
requirement in Sec.  1926.1427(b)(2) in which operator certification 
documents must specify the type and capacity of the equipment for which 
an operator is certified. This new provision fills a potential 
communication gap that would have existed in the implementation of the 
rule as proposed. As explained above, one of the main reasons that OSHA 
is requiring the documentation to be available at the site is so that 
the operator, or any person on the job site, who is unfamiliar with a 
signal person may review that documentation to ensure that the signal 
person is sufficiently qualified to provide the signals required for 
that job. Because many of the qualifications that must be tested under 
paragraph (c) of this section are conditional (e.g., if hand signals 
are to be used, the signal person must understand the Standard Method 
hand signals), and the proposed rule did not specify any content for 
the documentation, the documentation provided by a third-party 
qualified evaluator under Option (1) of this section might simply have 
generally noted the satisfactory completion of testing in accordance 
with Sec.  1926.1428(c). In that case, under the proposed rule, an 
operator preparing for a job requiring the use of hand signals would 
not have been able to use that documentation as intended to determine 
whether the signalperson knew and understood the Standard Method for 
hand signals. Under the final rule, the operator will be able to make 
that determination quickly because the documentation must specify 
whether the signalperson was examined on hand signals. This requirement 
is not intended to require significant detail, such as specifying that 
the signalperson knows the hand signals for ``hoist'' or ``stop.'' 
Rather, it is intended to identify satisfactory completion of testing 
on different categories of signals, such as hand signals, radio 
signals, or flag signals.
    Paragraph (b) of this section addresses circumstances in which a 
signal person who had been qualified under Sec.  1926.1428(a) 
subsequently acts in a manner that indicates that he or she may not 
meet the qualification requirements. Such an indication would result, 
for example, where the use of Standard Method signals have been agreed 
to but the signal person does not give a Standard Method signal. 
Another example would be where the signal person gives inappropriate 
signals (such as indicating to the operator to boom up when the action 
that is needed is to hoist up).
    In such circumstances the employer is prohibited from allowing the 
individual to continue working as a signal person until he or she is 
re-trained and has been requalified in accordance with Sec.  
1926.1428(a). No comments were received on this provision; it is 
promulgated as proposed.
    Paragraph (c) of this section sets forth the qualification 
requirements for signal persons. Paragraph (c)(1) requires that the 
signal person know and understand whatever signal method will be used 
for that particular job site.
    In addition, if hand signals are used, the signal person must know 
and understand the Standard Method for hand signals. Hand signals are 
widely used in this industry. As discussed above with respect to Sec.  
1926.1419(c), C-DAC determined that accidents due to miscommunication 
could be reduced if there were more widespread use of standardized hand 
signals. C-DAC concluded that this provision will promote greater use 
of standardized hand signals through the use of the Standard 
Method.\124\ No comments were received on this provision; it is 
promulgated as proposed.
---------------------------------------------------------------------------

    \124\ As discussed above with respect to Sec.  1926.1419(c), 
there are circumstances when it would be permissible to use hand 
signals other than the Standard Method signals. Also, under Sec.  
1926.1419, signals other than hand signals can be used.
---------------------------------------------------------------------------

    Paragraph (c)(2) of this section will help prevent miscommunication 
between the signal person and the crane operator by requiring the 
signal person to be competent in the application of whatever signals 
are used. No comments were received on this provision; it is 
promulgated as proposed.
    Paragraph (c)(3) of this section requires the signal person to have 
a basic understanding of crane operation

[[Page 48031]]

and limitations, including crane dynamics involved in swinging and 
stopping loads and boom deflection from hoisting loads. As explained in 
the proposed rule preamble, it is critical that the signal person 
understand how the crane and load will move in response to the various 
signals he or she gives so that the signal person will give the most 
appropriate signals and reduce the occurrence of struck-by, crushed-by 
and other hazards (see 73 FR 59823, Oct. 9, 2008). No comments were 
received on this provision; it is promulgated as proposed.
    Paragraph (c)(4) of this section specifies that signal persons must 
know and understand the relevant requirements in Sec. Sec.  1926.1419-
1926.1422, which address the types of signals that may be used and the 
circumstances surrounding their use, and the requirements of Sec.  
1926.1428. C-DAC included the phrase ``relevant requirements'' to make 
clear that a signal person's qualification could be limited with 
regards to the use of a particular type of signal and associated 
information.
    For example: A crane operation is going to use Standard Method hand 
signals. The signal person knows and understands all aspects of Sec.  
1926.1419 that are relevant when using hand signals, as well as Sec.  
1926.1422, Signals--hand signal chart. In addition, the signal person 
meets the requirements in Sec.  1926.1428(c)(1) and (2) with respect to 
the use of Standard Method hand signals. The signal person also has the 
knowledge necessary to meet the provision in Sec.  1926.1428(c)(3), and 
demonstrates through a verbal or written test, and through a practical 
test, that he/she has this knowledge and capabilities. However, the 
signal person is unfamiliar with the contents of Sec.  1926.1420, 
Signals--radio, telephone or other electronic transmission of signals, 
or of Sec.  1926.1421, Signals--voice signals--additional requirements.
    In this example, it would be appropriate for the signal person to 
be qualified under either Option (1) or Option (2) of this section (see 
1926.1428(a)) so long as that qualification was limited to signaling 
with Standard Method hand signals. Since the signal person would be 
qualified only for Standard Method signaling, there would be no need 
for that person to have the knowledge or capabilities associated with 
other types of signaling. In such a situation employers, though, would 
be precluded from using such a person if other types of signals were to 
be used. No comments were received on this provision; it is promulgated 
as proposed.
    Paragraph (c)(5) of this section would require that the signal 
person pass knowledge and practical tests to demonstrate that he or she 
meets the qualification requirements. The knowledge test may be either 
oral or written. C-DAC noted that signal persons normally need not read 
or write to perform their jobs effectively. No comments were received 
on this provision. Therefore, OSHA agrees with C-DAC that administering 
the knowledge test orally, without a separate demonstration of 
literacy, should be permitted. The provision is promulgated as 
proposed, with one minor grammatical correction.
Section 1926.1429 Qualifications of Maintenance and Repair Workers
    This section addresses the qualifications that the workers who 
maintain and repair cranes/derricks must possess. Subpart N of this 
part at former Sec.  1926.550 contained no provisions concerning the 
qualifications of maintenance and repair workers.
    The Committee had two basic concerns regarding maintenance and 
repair work. First, it was aware of accidents that had occurred when 
the equipment that was being maintained or repaired was operated 
improperly. For example, a maintenance worker who booms down a mobile 
hydraulic crane to one side without following the manufacturer's 
instructions for deploying outriggers may overturn the equipment. C-DAC 
concluded that placing restrictions on equipment operations during such 
work would help prevent such accidents.
    Second, the Committee sought to avoid hazards that can result from 
maintenance and repair work that is done improperly by ensuring that 
maintenance and repair workers are sufficiently qualified to perform 
their work. For example, if a load-bearing component is removed for 
maintenance or repair and re-installed incorrectly, unintended movement 
of the load or even a collapse could occur during operations.
Paragraph (a)
    The Committee was aware that maintenance and repair workers 
sometimes need to operate equipment to perform maintenance, inspect the 
equipment, or verify the performance of the equipment. This work 
typically involves operating the equipment to get access to components, 
diagnose problems and check repairs.
    C-DAC did not determine it necessary for maintenance, inspection 
and repair personnel to meet the requirements in proposed Sec.  
1926.1427, Operator qualification and certification, when operating 
equipment for such purposes. The operations involved for these purposes 
are almost always done without a load on the hook. The only instance 
when there is a load on the hook is if the equipment is load tested. 
However, even when load testing, the operation is very limited, since 
the load is not moved about as it would be during normal crane 
operations.
    While such limited operation does not, in C-DAC's view, necessitate 
the maintenance, inspection or repair personnel to meet the proposed 
Sec.  1926.1427 requirements, a failure to operate the equipment 
properly even in these limited circumstances can result in accidents 
from, for example, unintended movement or tip-over. OSHA agrees, and is 
therefore permitting maintenance and repair workers to operate 
equipment during their work only under specific restrictions designed 
to ensure safety.
    Specifically, under paragraph (a)(1) of this section, maintenance 
and repair workers are permitted to operate the equipment only to the 
extent necessary to perform maintenance, inspect the equipment, or 
verify its performance. Under this provision, maintenance and repair 
workers are not permitted to operate the equipment during regular 
operations.
    Paragraph (a)(2) of this section requires the maintenance and 
repair worker who operates equipment to either (i) do so under the 
direct supervision of an operator who meets the requirements of Sec.  
1926.1427, Operator qualification and certification, or (ii) be 
familiar with the operation, limitations, characteristics and hazards 
associated with the type of equipment involved.
Paragraph (b)
    In light of the safety hazards that could result from maintenance 
and repairs that are performed improperly, C-DAC determined that it was 
necessary for maintenance and repair workers to meet the ``qualified 
person'' criteria. OSHA agrees. Paragraph (b) of this section therefore 
provides that maintenance and repair personnel must meet the definition 
of a qualified person with respect to the equipment and maintenance/
repair tasks they perform. As defined in Sec.  1926.1401, a ``qualified 
person'' is ``a person who, by possession of a recognized degree, 
certificate, or professional standing, or who by extensive knowledge, 
training, and experience, successfully demonstrated the ability to 
solve/resolve problems relating to the subject matter, the work, or the 
project.''

[[Page 48032]]

    Two commenters requested that maintenance and repair workers be 
certified by a third party. (ID-0061; -0156.1.) As noted in the 
preamble to the proposed rule and again here, C-DAC considered the 
requirements for maintenance and repair workers and found that the term 
``qualified person'' would adequately address these concerns. OSHA 
agrees, and is promulgating paragraph (b) without substantive change. 
OSHA is substituting the word ``must'' for ``shall'' in the last 
sentence of that paragraph to avoid any implication that a maintenance 
and repair worker is, by definition, a qualified person.
Section 1926.1430 Training
    With a few exceptions, the requirements in this final rule for this 
section are the same as those in the proposed rule (see 73 FR 59939, 
Oct. 9, 2008). This section both references training criteria required 
by other sections of subpart CC and sets forth additional training 
criteria and requirements. Additionally, Sec.  1926.1430(h) requires 
employers to evaluate employees' understanding of the training.
    The Agency determined that both training and testing of certain 
employees are critical to the safety of crane/derrick use in 
construction.\125\ The requirements of this section and subpart with 
respect to training do not replace those established by Sec.  1926.21, 
Safety training and education, which requires the employer to (1) 
``establish and supervise programs for the education and training of 
employers and employees in the recognition, avoidance and prevention of 
unsafe conditions in employments covered by the [OSH] Act,'' and (2) 
``instruct each employee in the recognition and avoidance of unsafe 
conditions and the regulations applicable to his work environment to 
control or eliminate any hazards or other exposure to illness or 
injury.'' Instead, they supplement and clarify the general training 
requirements for particular conditions and activities. These specific 
provisions ensure that employees have the necessary knowledge and skill 
to work safely with and around cranes. Greater specificity highlights 
the particular tasks (and the hazards associated with them) for which 
certain types of training are necessary.
---------------------------------------------------------------------------

    \125\ With respect to operator testing, as discussed in 
connection with Sec.  1926.1427, Operator qualification and 
certification, this standard places special emphasis on ensuring 
that equipment operators have acquired the knowledge and skills 
necessary to operate their equipment safely. This standard also 
includes specific assessment requirements for signal persons (see 
Sec.  1926.1428(a)).
---------------------------------------------------------------------------

    The Agency is also clarifying in Sec.  1926.1430 that employers 
have a duty to train each employee covered by subpart CC, and to 
provide that training at no cost to the employee. In the introductory 
text to proposed Sec.  1926.1430, the Agency specified that the 
employer ``shall provide'' all applicable training, which was included 
to indicate that the employer would bear the cost of training. This is 
consistent with the Agency's treatment of training costs in the 
preliminary economic analysis provided in the preamble for the proposed 
rule. (See, e.g., 73 FR 59895, Oct. 9, 2008 (operator certification 
training treated as cost to employer).) In the final rule, OSHA is 
rewording each of the training requirements to further clarify the 
employer's responsibilities with respect to all training requirements 
under subpart CC, and is adding new Sec.  1926.1430(g)(3) to expressly 
state that employers must provide all training at no cost to the 
employee.
    Several commenters recommended that additional training be 
required. (ID-0126.1; -0156.1;-0182.1; -0209.1.) One suggested that 
maintenance and repair personnel be certified by either the 
manufacturer or an independent third party that they are trained in the 
maintenance and repair of the crane. (ID-0156.1.) However, under Sec.  
1926.1429(b), maintenance and repair employees are required to be 
qualified persons. Those employees must be trained on the requirements 
of subpart CC as required by Sec.  1926.1430(d) and must have the 
education or experience to be considered a qualified person as defined 
in Sec.  1926.1401. This commenter has not presented evidence showing 
that manufacturer or third party certification would significantly 
improve the qualifications of maintenance and repair personnel who meet 
the test of ``qualified person.''
    Another commenter felt additional hazard awareness training should 
be required for employees. (ID-0182.1.) OSHA determines that the 
training requirements of this and other sections of subpart CC, along 
with Sec.  1926.21, provide for adequate training of all employees and 
allow employers flexibility to provide training as needed for each 
employee at various worksites.
    Proposed Sec.  1926.1430(a), Overhead powerlines, stated that 
employees listed in Sec.  1926.1408(g) must be trained accordance with 
the requirements of that paragraph. As discussed in Sec.  1926.1410, 
OSHA has added Sec.  1926.1410(m), which requires that operators and 
crew assigned to work with equipment that comes closer to power lines 
than the minimum clearance distance permitted under Sec. Sec.  
1926.1408 and 1926.1409, must also be trained in accordance with Sec.  
1926.1408(g). To accommodate this change, Sec.  1926.1430(a) also 
includes a reference to Sec.  1926.1410(m).
    Under paragraph (b) of this section, Signal persons, employees 
assigned to work as signal persons and need training to meet the 
requirements of Sec.  1926.1428(c) must be trained in the areas 
addressed in that paragraph. As discussed in Sec.  1926.1428(c), each 
employee who serves as a signal person must pass a verbal or written 
test, and a practical test demonstrating the required knowledge and 
skills. One commenter believes the training requirement outlined in 
this paragraph could be interpreted to mean that only training is 
required and the qualification requirements of Sec.  1926.1428 are not 
applicable. (ID-0292.1.) This is incorrect. This paragraph requires an 
employer to ensure the employee assigned as a signal person receives 
training, or re-training if needed, to be a signal person according to 
Sec.  1926.1428. This is not a replacement for the qualification 
requirements of Sec.  1926.1428. This provision is promulgated as 
proposed except for the clarification of the employer's duty to train 
each employee.
    Proposed paragraph (c) of this section was entitled Operators, and 
set forth training requirements for operators of equipment covered by 
this subpart. Proposed Sec.  1926.1430(c)(1) stated that ``operators 
who are not qualified or certified under Sec.  1926.1427 shall be 
trained in the areas addressed in Sec.  1926.1427(j). * * *''
    Several commenters believed that the language of proposed Sec.  
1926.1430(c)(1) indicated that operators who have not been qualified or 
certified under Sec.  1926.1427 may nonetheless operate cranes. (ID-
0156.1; -0182.1; -0208.1; -0292.1.) One commenter noted it could be 
interpreted to mean that certification was not required, only training. 
(ID-0182.1.)
    Such interpretations are contrary to the Agency's intent. OSHA used 
the word ``operator'' in the proposed Sec.  1926.1427(c) to refer to 
any employee, with the exception of maintenance and repair workers, who 
operates equipment, whether or not that employee has completed all 
necessary training. It has the same meaning when used in final Sec.  
1926.1427(c).
    Proposed paragraph (c)(1) was intended to apply to operator 
trainees who must be qualified or certified under Sec.  1926.1427 to 
operate equipment, but

[[Page 48033]]

are not yet qualified or certified. Also in this category are employees 
who need training to become re-qualified or re-certified, or who failed 
to pass a qualification or certification test and need additional 
training. Such employees are only permitted to operate cranes under the 
conditions specified in Sec.  1926.1427(f), and the proposed rule 
required them to be trained in the operator certification/qualification 
criteria provided in Sec.  1926.1427(j).
    Because the certification and qualification requirements of Sec.  
1926.1427 will not be phased in until four years after the effective 
date of the standard, see Sec.  1926.1427(k), OSHA specified in the 
preamble to proposed paragraph (c)(1) that operator training during 
this phase-in period would likewise be required to address the criteria 
in Sec.  1926.1427(j) (see 73 FR 59826, Oct. 9, 2008).
    To clarify its intent in the final rule OSHA has split proposed 
paragraph (c)(1) of this section into three separate paragraphs, (c)(1) 
through (3), and renumbered proposed (c)(2) as (c)(4). Revised 
paragraph (c)(1) is intended to apply after the four-year phase in 
period to employees who must be certified, or qualified, under Sec.  
1926.1427 and are training to do so for the first time, and to 
employees who are training for re-certification/re-qualification. These 
employees, who will only be permitted to operate the equipment as 
``operators in training'' and subject to several conditions, must be 
trained in the areas addressed in Sec.  1926.1427(j) (criteria for 
operator certification testing).
    Paragraph (c)(1) also requires employers to provide the necessary 
additional training if the operator-in-training does not pass a 
qualification or certification test. C-DAC determined, and OSHA agrees, 
that it is important for an employer to provide the training necessary 
for its operators to be qualified or certified as required by this 
subpart.
    C-DAC selected the criteria in Sec.  1926.1427(j) as the minimum 
knowledge and skill requirements necessary for safe operation of 
equipment. OSHA is therefore requiring training in the same areas to 
ensure consistency with the certification/qualification process and to 
develop the trainee's knowledge and skills in the areas that the record 
reflects are critical to the safe operation of equipment.
    New paragraph (c)(2) addresses training during the 4-year phase-in 
period in the same way for the same people as in paragraph (c)(1): Each 
must be trained in the areas addressed in Sec.  1926.1427(j). Although 
the certification/qualification requirements do not apply until four 
years after the effective date of this standard, OSHA concludes that it 
makes sense for two reasons to train employees in the same areas that 
they will need to master to pass the certification/qualification 
examinations: (1) It will facilitate their preparation for the 
examination, and (2) these areas have been identified in the record as 
the minimum knowledge and skill sets that all operators should possess.
    Paragraph (c)(3) applies to operators of equipment covered by this 
subpart but are expressly excepted from the certification and 
qualification requirements of Sec.  1926.1427. This includes those 
operators for whom the qualification or certification requirements of 
Sec.  1926.1427 do not apply based on the type of equipment being 
operated. Section 1926.1427(a) provides: ``Exceptions: Operator 
qualification or certification under this section is not required for 
operators of derricks (see Sec.  1926.1436), sideboom cranes (see Sec.  
1926.1440), and equipment with a maximum manufacturer-rated hoisting/
lifting capacity of 2,000 pounds or less (see Sec.  1926.1441).'' For 
the same reasons that the Agency has concluded that the operator 
certification/qualification criteria in Sec.  1926.1427 are not 
appropriate for these operators, the Agency concludes that training on 
the same Sec.  1926.1427(j) criteria would also not be necessary. 
Instead, these operators, must be trained in the safe operation of the 
type of equipment they will be operating.
    Proposed paragraph (c)(2) has been renumbered in the final rule as 
paragraph (c)(4). Final rule paragraph (c)(4) applies to all persons 
operating equipment under subpart CC, regardless of whether that person 
must be certified or qualified under Sec.  1926.1427, and regardless of 
whether it is during or after the four-year phase-in period, and 
requires operators to be trained in two practices that C-DAC deemed 
worthy of specific emphasis for the safe operation of any equipment. 
Paragraph (c)(4)(i) requires training in the testing of the boom hoist 
brake on friction equipment prior to moving a boom off a support to 
determine whether the brake requires adjustment or repair. The purpose 
of this procedure is to ensure that the brake is sufficient before the 
boom is at too great an angle or height. Using this procedure, if the 
brake is deficient, the boom will fall only a short distance. This 
provides an additional safety measure related to the hazards resulting 
from an uncontrolled boom. Moving the boom when the brake is not 
working properly can result in uncontrolled lowering of the boom, which 
can endanger workers in the proximity of the hoisting equipment. 
Paragraph (c)(4)(i) also requires similar training for testing the 
brake on all other equipment with a boom. Again, this procedure 
provides an additional safety measure related to the hazards resulting 
from an uncontrolled boom. For clarity, the Agency has added a 
reference to Sec. Sec.  1926.1417(f) and (j) for additional 
requirements related to tag-out procedures and communication for any 
necessary repairs. See discussion of these requirements above at 
Sec. Sec.  1926.1417(f) and (j).
    Paragraph (c)(4)(ii) requires the operator to be trained in the 
manufacturer's emergency procedures, when available, for stopping 
unintended equipment movement. This provides another level of 
protection to minimize employee injury resulting from unintended 
equipment movement. OSHA recognizes that manufacturer's emergency 
procedures for halting unintended equipment movement may not always be 
available and therefore this training is required only when the 
procedures are available.
    One commenter requested that more specialized training, such as 
model-specific training, should be required for newly hired operators 
or operators assigned to new or different models of equipment. (ID-
0199.1.) OSHA determines that the rule addresses this commenter's 
concern. An operator qualified or certified under Sec.  1926.1427 has 
shown that he/she is qualified to operate any type of equipment covered 
by the qualification/certification. Others must be trained in the type 
of equipment they are operating under paragraph (c) of this section.
    Paragraph (d) of this section, Competent persons and qualified 
persons, requires competent persons and qualified persons to be trained 
regarding the requirements of this subpart applicable to their 
respective roles.
    A person assigned by an employer to be a ``competent person'' or 
``qualified person'' under this rule must already have had a certain 
level of training (or, in the case of a competent person, either 
training or experience) to meet the criteria applicable to such a 
designation. This paragraph does not address such training--it does not 
require the employer to provide the training needed for an employee to 
meet the criteria to become a competent or qualified person. The sole 
purpose of this paragraph is to require the employer to ensure that 
both competent persons and qualified persons are trained on the 
requirements of this subpart applicable to the person's role and 
responsibility. For example,

[[Page 48034]]

under Sec.  1926.1430(d), a ``competent person'' assigned to conduct 
shift inspections required in Sec.  1926.1412(d) must be trained in the 
required elements of a shift inspection. This training is necessary to 
ensure that the competent person or qualified person is aware of his/
her role under this subpart regarding finding/correcting hazardous 
conditions.
    Another example is maintenance and repair personnel, who may 
operate equipment under limited conditions necessary to perform the 
maintenance or repair (see Sec.  1926.1429(a)). Such an employee must 
be a ``qualified person,'' Sec.  1926.1429(b), and must be trained in 
accordance with Sec.  1926.1430(d) to operate the equipment as 
necessary to perform the maintenance or repair. The Agency notes, 
however, that maintenance and repair workers are not considered 
``operators'' for the purposes of paragraph (c) of this section and are 
therefore not required to be trained in all of the areas addressed in 
Sec.  1926.1427(j), or as required under Sec.  1926.1427(c)(3).
    No comments were received on this paragraph; it is promulgated 
without change from the proposed rule except for the clarification of 
the employer's duty to train each employee.
    Paragraph (e) of this section, Crush/pinch points, provides that 
employees who work with equipment covered by this subpart must be 
instructed to stay clear of holes, crush/pinch points and the hazards 
that are addressed in Sec.  1926.1424, Work area control. See the 
discussion above of hazards and requirements addressed by Sec.  
1926.1424. No comments were received on this provision, and it is 
promulgated as proposed except for the clarification of the employer's 
duty to train each employee.
    Paragraph (f) of this section, Tag-out, states that operators and 
other employees authorized to start or energize equipment or operate 
equipment controls (such as maintenance and repair workers) must be 
trained according to the tag-out and start-up procedures in Sec.  
1926.1417(f) and (g). See the discussion above of these procedures in 
Sec.  1926.1417.
    On review of this paragraph, OSHA determines that a reference to 
the start-up procedures was inadvertently omitted in the text of the 
proposed rule since these employees are ``authorized to start/energize 
equipment.'' OSHA has corrected this omission in the final rule by 
adding a reference to start-up procedures in Sec.  1926.1417(g) in the 
regulatory text.
    Paragraph (g) of this section requires employers to ensure that 
employees understand the required training and provide refresher 
training when necessary. Specifically, Sec.  1926.1430(g)(1) requires 
the employee to be evaluated to verify that he/she understands the 
information provided in training required by this subpart. The Agency 
determined that, to ensure that the training is effective, some means 
of assessment for understanding is needed.
    One commenter believed this requirement was unclear and did not 
understand how an employer would determine if training was effective. 
(ID-0232.1.) This commenter also indicated that it could be interpreted 
that a test would always be required to determine whether training had 
been effective.
    The Agency purposely does not use the term ``test'' in this 
paragraph. ``Test'' may be interpreted to mean a standardized written 
or a structured oral exam, which may not be appropriate for all 
situations. OSHA determines the method of evaluating an employee's 
training for effectiveness will vary by the subject matter of the 
training and the employee, and the Agency has therefore drafted this 
paragraph to provide sufficient flexibility for the employer to 
determine the most appropriate method of evaluation. Any number of 
methods could be used to determine if an employee has understood the 
training provided. For example, during assembly/disassembly a certain 
method of blocking may be needed. The supervisor trains and instructs 
the employee on the proper method. The supervisor can then evaluate the 
employee's comprehension of training in a number of ways. One way could 
be simply to ask the employee to orally describe how he/she would do 
this task, or to have the employee physically emulate the blocking 
method. Another would be to provide blocking to the employee and ask 
the employee to arrange the blocking in the proper manner. Either 
method can give the supervisor the necessary information to determine 
if the employee understood the proper method or if additional training 
is required.
    Another commenter recommended the incorporation by reference of 
ANSI/ASSE Z490.1-2001 for how to test trainees. (ID-0178.1.) Much of 
sec. 6.2 of that standard reflects the same concepts referred to above 
and may be useful to employers. However, a ``Note'' to sec. E6.2.2 
suggests that self-evaluations may be adequate. OSHA does not conclude 
that a self-evaluation is appropriate to meet the requirements of Sec.  
1926.1430(g)(1). While other aspects of the ANSI/ASSE standard may be 
useful as a guide to employers, it is not drafted in a way that is 
suitable for enforcement of this provision. For these reasons, OSHA 
declines to incorporate it by reference as a requirement.
    Paragraph (g)(2) of this section requires the employer to provide 
refresher training for an employee when, based on evaluation or 
employee conduct, it is indicated that retraining is needed.
    One commenter recommended a requirement for a minimum number of 
continuing education courses each year for employees. (ID-0209.1.) 
Another commenter recommended that refresher training be done every 3 
years or earlier when based on evaluation of employee conduct. (ID-
0182.1.)
    The Agency finds these comments to be unpersuasive. As proposed, 
the employer is required to retrain an employee based on the 
individual's conduct. OSHA determines this promotes a more effective 
retraining requirement than one based on time or type of coursework.
    Therefore, paragraphs (g)(1) and (2) of this section are 
promulgated as set forth in the proposed rule. As noted above, the 
Agency is adding new paragraph (g)(3) to clarify that employers are 
responsible to provide the training required under subpart CC at no 
cost to employees.
    The following chart summarizes the location of the training 
requirements in the final rule:

------------------------------------------------------------------------
                Section                        Training requirement
------------------------------------------------------------------------
Sec.  Sec.   1926.1408(g) and            Power line safety.
 1926.1410(m).
Sec.   1926.1424(a)(2).................  Swing radius hazards.
Sec.   1926.1437(c)(2)(ii).............  Swing radius hazards (floating
                                          cranes & land cranes on
                                          barges).
Sec.   1926.1430(e)....................  Crush/pinch points (Work Area
                                          Control).
Sec.   1926.1430(f)....................  Tag-out.
Sec.   1926.1430(f)....................  Start-up.
Sec.   1926.1430(d)....................  Competent and Qualified
                                          Persons.
Sec.   1926.1430(g)(2).................  Refresher training (general).

[[Page 48035]]

 
Sec.   1926.1430(b)....................  Signal person training
                                          (equipment with greater than
                                          2,000 pound maximum rated
                                          capacity).
Sec.   1926.1428(b)....................  Signal person re-training.
Sec.   1926.1427(f)....................  Operator-in-training.
Sec.  Sec.   1926.1427(k),               Operator training during
 1926.1430(c)(2) and                      transitional period.
 1926.1430(c)(4).......................
Sec.   1926.1430(c)(3).................  Operator training for equipment
                                          where qualification or
                                          certification is not required
                                          by this subpart.
Sec.   1926.1430(c)(1).................  Operator training for
                                          qualification or
                                          certification.
Sec.   1926.1430(c)(4)(i)..............  Operator training--boom hoist
                                          brake test.
Sec.   1926.1430(c)(4)(ii).............  Operator training--emergency
                                          procedures (halting unintended
                                          movement).
Sec.   1926.1441(e)....................  Operator training (2,000 pound
                                          maximum rated capacity).
Sec.   1926.1441(f)....................  Signal person training (2,000
                                          pound maximum rated capacity).
Sec.   1926.1423(k)....................  Fall protection training.
------------------------------------------------------------------------

Section 1926.1431 Hoisting Personnel
    This section of the final rule sets forth additional requirements 
when equipment is used to hoist employees. Because equipment covered by 
this subpart is designed to move materials, not personnel, additional 
requirements are necessary for employee safety. This section replaces 
the requirements of subpart N, former Sec.  1926.550(g). Those 
requirements have been effective in reducing accidents and as a result 
most of the requirements have been continued in this rule. However, 
while continuing most of the hoisting personnel requirements that were 
in subpart N, subpart CC clarifies requirements where needed and has 
added requirements for certain activities, such as hoisting personnel 
in a drill shaft, as discussed below. With a few exceptions, the 
requirements in this final rule are the same as those found in the 
proposed rule (see 73 FR 59714, 59939-59943, Oct. 9, 2008). The 
following discussion will primarily focus on the differences between 
the proposed rule and this final rule.
    OSHA stresses the provisions in this section are additional 
requirements that must be met when equipment is used to hoist 
personnel. During such use, all other applicable requirements of this 
subpart must be met.
Paragraph (a)
    This paragraph states that equipment may be used to hoist personnel 
only when all other means of reaching the work area present a greater 
hazard or is not possible because of the project's structural design or 
worksite conditions. It reflects OSHA's longstanding recognition that 
using cranes and derricks to lift personnel is inherently hazardous and 
should only be done when it is either the least hazardous means or 
when, in light of the configuration of the worksite, it is the only 
means of performing required work.
    This paragraph does not apply to work covered by 29 CFR part 1926 
subpart R, Steel Erection. Subpart R, at Sec.  1926.753(c)(4), allows 
the use of equipment to hoist personnel in a platform that complies 
with subpart CC without the need for a showing that other means of 
reaching the work area would create a greater hazard or is impossible. 
OSHA's reasons for including this exception in subpart R are discussed 
in detail in the preamble to the steel erection standard (66 FR 5196, 
5209, Jan. 18, 2001).
    One commenter asserted that employers engaged in work covered by 29 
CFR part 1926 subpart V, Power Transmission and Distribution, should be 
allowed to use equipment (with a boom attached platform) to hoist 
personnel without showing that other means of reaching the work area 
creates a greater hazard or is not possible. (ID-0144.1.) This 
commenter bases this assertion on the premise that many manufacturers 
offer a platform specifically designed to attach to the tip of the boom 
which may include platform mounted controls. The commenter believes 
that when using this type of platform, the equipment ``essentially 
transforms the crane into a large aerial lift.''
    The Agency finds this comparison unpersuasive. As stated above, 
equipment covered by this section is primarily designed for hoisting 
materials, not people. C-DAC concluded that it was important to 
differentiate between equipment primarily designed for moving 
personnel, such as an aerial lift, as compared to equipment that is 
primarily designed to lift materials. In the judgment of the Committee, 
a personnel platform attached to equipment covered by this section 
presented a greater hazard than a machine that is designed for moving 
personnel. Therefore, the proposed rule would have required an employer 
to show that another means of reaching the work area presents a greater 
hazard or is not possible. OSHA agrees, and is retaining the same 
substantive requirement in the final rule.
    Upon review of this provision, the Agency realized the use of the 
word ``worksite'' in the phrase, ``conventional means of reaching the 
worksite'' could be misleading. The Agency has changed the phrase to 
``conventional means of reaching the work area.'' The term worksite 
could be interpreted to mean the entire construction worksite. This 
requirement is about an employee working in a particular area or place 
on a larger worksite. OSHA finds the use of the phrase ``work area'' to 
provide greater clarity. Therefore, the provision is promulgated as 
proposed incorporating this terminology change.
Paragraph (b) Use of Personnel Platform
    Paragraph (b)(1) of this section generally requires the use of a 
personnel platform when hoisting employees and requires that criteria 
specified in Sec.  1926.1431(e) be met for such platforms. Paragraph 
(b)(2), Exceptions, sets forth the construction activities in which 
hoisting personnel without using a personnel platform is allowed. These 
activities are: hoisting employees into and out of drill shafts 8 feet 
and smaller in diameter, pile-driving operations, marine worksites, 
storage tanks (steel or concrete), shaft operations and chimney 
operations. OSHA considers the use of a personnel platform in these 
situations to be generally infeasible or more hazardous than other 
means. This section contains specific requirements for hoisting 
personnel during these operations at Sec. Sec.  1926.1431(o), (p), (r), 
and (s), including alternatives to the use of a personnel platform. 
Each of the exceptions is discussed below under the particular 
paragraph related to that operation.
    No comments were received on Sec.  1926.1431(b); it is promulgated 
as

[[Page 48036]]

proposed except that ``must'' replaces ``shall'' to ensure that the 
sentence is imperative, not merely descriptive.
Paragraph (c) Equipment Set-Up
    This paragraph sets forth the basic criteria for equipment set-up 
for personnel hoisting.
    Paragraph (c)(1) of this section requires the equipment to be on 
level, firm and stable footing. A qualified person must determine if 
the footing is ``sufficiently firm and stable.'' Stable footing is 
essential to minimize the hazard of the equipment tipping while 
hoisting personnel. C-DAC determined that the danger of the equipment 
potentially tipping when hoisting personnel justifies the need for a 
qualified person to examine and approve the equipment's stability. OSHA 
agrees.
    Paragraph (c)(2) specifies that each outrigger must be both 
extended and locked. The amount of extension must be the same for all 
outriggers and also be in accordance with the manufacturer's 
specifications. Proper placement and deployment of outriggers, C-DAC 
concluded, is essential to prevent the hazard of equipment tipping 
while hoisting personnel.
    Equal extension of outriggers eliminates the hazard of the operator 
forgetting that one or more outriggers has a shorter extension and 
swinging into that area with a load that exceeds the crane's capacity. 
The essential factor is to have each outrigger extended equally within 
the manufacturer's specifications and procedures, whether it is a full 
or partial extension. No comments were received on Sec.  1926.1431(c); 
it is promulgated as proposed.
Paragraph (d) Equipment Criteria
    This paragraph sets forth requirements for the equipment used to 
hoist personnel.
    Paragraph (d)(1) of this section, Capacity: Use of suspended 
personnel platform, limits the total load to 50 percent of the 
equipment's rated capacity and specifies that the total load includes 
the hook, load line, and rigging. The 50 percent capacity limit does 
not apply during equipment proof testing.
    The 50 percent limit reflects C-DAC's conclusion that using this 
equipment to hoist personnel requires a greater number of safety 
precautions than when lifting materials. The limit provides for an 
extra margin of safety to prevent overloading the equipment, which 
could cause tip-over or structural collapse.
    One commenter asserted that a specific boom limit of not less than 
65 degrees should be added to the requirements of this paragraph. (ID-
0178.1.) The commenter did not provide any rationale for this 
recommendation. Therefore, OSHA defers to C-DAC's expertise in this 
area and is promulgating this provision as proposed.
    Paragraph (d)(2), Capacity: Use of boom-attached personnel 
platforms, establishes the load limit at 50 percent of rated capacity 
for platforms that are attached to the boom. It also provides an 
exception to the 50 percent capacity limit during equipment proof 
testing. The same reasons for the 50 percent limit in Sec.  
1926.1431(d)(1) apply here.
    In the proposed rule, OSHA requested public comment on whether 
additional requirements (i.e., requirements other than those specified 
in the proposed rule for a suspended personnel platform) should apply 
when using boom-attached personnel platforms. No comments were received 
stating that this type of platform could present an additional hazard 
to employees. One commenter stated that this type of platform is safer 
than a suspended personnel platform. (ID-0144.1.) Since no comments or 
information were received demonstrating that precautions beyond those 
already proposed are needed for boom attached personnel platforms, OSHA 
has not added any further requirements for this type of platform in the 
final rule. Therefore, this paragraph is promulgated as proposed.
    Paragraph (d)(3), Capacity: Hoisting personnel without a personnel 
platform, establishes the load limit at 50 percent of rated capacity. 
In calculating the load, the weight of the personnel, including the 
hook, load line, rigging and any other equipment that imposes a load 
must be included. No comments were received on this provision; it is 
promulgated as proposed.
    Paragraph (d)(4) requires engaging all the equipment's locking or 
braking devices when the platform has reached its stationary work 
position. The purpose is to minimize sudden and unintended movement or 
tipping of the platform when employees have reached the work area. No 
comments were received on this provision; it is promulgated as 
proposed.
    The provisions of paragraph (d)(5), Devices, require certain safety 
devices for equipment addressed by this section (see 73 FR 59829-59830, 
Oct. 9, 2008). OSHA received one comment on Sec.  1926.1431(d)(5)(i), 
which stated that a boom angle indicator would not provide useful 
information on an articulating crane because such cranes have up to 
three boom sections at various angles and numerous combinations of boom 
angles will achieve the same lifting capacities. (ID-0206.1.) OSHA 
agrees that essential design of the articulating crane precludes the 
use of a boom angle indicator. However, to provide some protection 
against falling and tipover hazards, OSHA has determined that an 
alternative device must be used on articulating cranes when they are 
used to hoist personnel. As discussed under Sec.  1926.1400, Scope, the 
record indicates that many articulating cranes are equipped with 
automatic overload-prevention devices. Such a device provides 
protection comparable to that provided by a boom angle indicator, which 
helps the operator prevent the crane from becoming overloaded by 
providing the boom angle information needed to apply the crane's load 
chart. Because overload protection is particularly vital when equipment 
is used to hoist personnel, OSHA is addressing the comment about 
articulating cranes by adding Sec.  1926.1431(d)(5)(ii), which 
specifies that articulating cranes must be equipped with a properly 
functioning automatic overload protection device.
    No comments were received on the remaining provisions of paragraph 
(d)(5); they are promulgated as proposed, except that Sec. Sec.  
1926.1431(d)(5)(ii)-(vi) have been renumbered as Sec. Sec.  
1926.1431(d)(5)(iii)-(vii) because of the addition of new Sec.  
1926.1431(d)(5)(ii). Additionally, with respect to paragraph 
(d)(5)(vii), the following has been added: ``(See Sec.  1926.1417 for 
tag-out and related requirements.)'' This sentence has been added to 
ensure the reader is aware of the applicable tag-out and related 
requirements of Sec.  1926.1417, Operation.
    Paragraph (d)(6) prohibits the use of a personnel platform directly 
attached to a luffing jib. In the experience of C-DAC members, a 
complete prohibition of use of a boom-attached personnel platform to a 
luffing jib was necessary in light of the range of motion of a luffing 
jib and the fact that boom-attached personnel platforms are not 
designed for attachment to a luffing jib. Thus, only a suspended type 
personnel platform may be used on a luffing jib. OSHA defers to the 
expertise of the Committee. No comments were received on these 
provisions; they are promulgated as proposed.
Paragraph (e) Personnel Platform Criteria
    This paragraph establishes the minimum criteria for a personnel 
platform. Paragraph (e)(1) of this section requires that both the 
platform and its

[[Page 48037]]

attachment/suspension system be designed by a qualified person who 
understands structural design and be designed for the particular 
function of personnel hoisting. The purpose of this paragraph is to 
clearly stipulate that the platform must be designed for employee 
safety. This addresses the hazards of structural failure of the 
platform, failure of the attachment/suspension system, and precludes 
the use of designs that would be inappropriate for hoisting people.
    Paragraph (e)(2) requires the system used to connect the personnel 
platform to the equipment to be within 10 degrees of level. This 
addresses the hazard of platform tipping by maintaining the platform 
close to level.
    Paragraph (e)(3) requires the platform designer to consider the 
movement of employees on the platform and design the suspension system 
to minimize platform tipping from such movement. The purpose is to 
design the platform in such a way as to limit the likelihood of 
platform tipping while employees are working from the platform.
    Paragraph (e)(4) requires the platform to support its own weight 
plus a minimum of five times the maximum intended load without failure. 
C-DAC selected this minimum limit because it would provide an adequate 
margin of safety for employee protection from structural failure of the 
platform. The guardrail system and personal fall arrest system 
anchorages are not subject to this requirement but instead are subject 
to Sec.  1926.1431(e)(6).
    Paragraph (e)(5) requires that welding of any part of the platform 
or its component parts be performed by a welder who is certified and 
familiar with the weld grades, types and material specified in the 
particular platform's design. This requirement is designed to prevent 
structural failure of the platform due to improper welding.
    Paragraph (e)(6) details the requirements of the platform for 
guardrails, fall arrest anchorage points and enclosure of the platform 
between the toeboard and mid-rail. Proper guardrails and fall arrest 
anchorage points are critical fall protection devices, and the required 
platform enclosure is needed to protect employees below from falling 
objects. In addition, points to which personal fall arrest systems are 
attached must meet the anchorage requirements in 29 CFR part 1926 
subpart M.
    Paragraph (e)(7) requires the placement of a grab rail within the 
entire perimeter of the personnel platform except for access gates/
doors where a grab rail can be impractical. The grab rail provides a 
place for the employee to hold onto while in the platform instead of 
using a guardrail as a hand hold. Using a guardrail as a hand hold 
exposes the employee's hand to being smashed by external objects.
    No comments were received on paragraphs (e)(1) through (e)(7); they 
are promulgated as proposed.
    Paragraphs (e)(8)(i) and (ii), Access gates/doors, specifies that 
access gates/doors must be designed to not swing outward and must also 
have a mechanism that will keep the gate/door from being opened 
unintentionally.
    One commenter, a platform manufacturer, stated that generally their 
platforms have doors that do not swing outward. (ID-0238.1.) However, 
for certain custom platforms, such as a one-person platform, the size 
and design of the platform makes it unsafe for a person to enter the 
platform and close the gate behind the occupant when it is an inward 
swinging gate. The commenter indicated that for this type of platform, 
the gates are designed to swing outward to provide safe access for the 
individual. To protect against accidental opening of the gate, a 
positive latching system is included with an outward swinging gate.
    The Agency agrees that certain types of personnel platforms could 
be of a size or configuration that would necessitate an outward 
swinging access gate or door to allow for safe entry and egress of an 
occupant. Therefore, OSHA has revised this paragraph to include an 
exception for this type of platform. When it is infeasible to have an 
inward swinging gate due to the size or design of the platform, the 
gate can swing outward. However, the additional feature of a positive 
latching or similar system that prevents accidental opening must be 
included. This conforms with the intent of this requirement to prevent 
an occupant from falling from the platform due to an access gate or 
door opening unexpectedly.
    Paragraph (e)(9) requires adequate headroom to allow employees to 
stand upright in the personnel platform. This provides adequate space 
for the employee to work from the platform while keeping his/her entire 
body within the platform, and contributes to greater stability during 
platform movement. No comments were received on this provision; it is 
promulgated as proposed.
    Paragraph (e)(10) requires an overhead protective cover attached to 
the platform when an employee is exposed to falling objects. It 
mandates the overhead cover of the platform to be of such material and 
design to provide visibility for both the operator and the employees on 
the platform, while maintaining adequate protection from falling 
objects. The reference to a wire mesh with \1/2\ inch openings is an 
example of a type of material and design that could be used for the 
platform cover. The nature of the worksite conditions and likely type 
of falling objects determines the type of material and design needed to 
protect the platform occupants. Full overhead protection (i.e., no 
visibility through the protective cover) is allowed when conditions are 
such that a full protective cover is necessary to protect employees 
from falling objects.
    Paragraph (e)(10) explicitly states that the protection provided by 
the cover is supplemental to the protection provided by hard hats--the 
use of hard hats does not obviate the requirement for the platform 
cover.
    One commenter noted that having overhead protection for employees 
in the power line industry interferes with the ability to work 
overhead, which is a routine occurrence. (ID-0144.) Additionally, at 
the public hearing, a representative from a labor union noted that 
typically an overhead cover would not be used on a personnel platform 
when they are working near power lines, as it is desirable to minimize 
the amount of conductive material. (ID-0344.) The Agency acknowledges 
that it is common for those in the power line industry to work 
overhead. However, the use of a personnel platform attached to a crane 
is not the only means of reaching this work location. As noted in Sec.  
1926.1431(a), the use of a personnel platform attached to a crane is 
only permitted where the employer demonstrates that conventional means 
of reaching the worksite, such as an aerial lift, would be either more 
hazardous or impossible. OSHA notes that aerial lifts are commonly used 
in utility work, and it therefore determined that crane-suspended 
personnel platforms will be used rarely in such work. OSHA also notes 
that paragraph (e)(10) mandates overhead protection only when an 
employee is exposed to falling objects, and that should not be a common 
occurrence in utility work. Therefore, the Agency does not determine 
that this provision needs to make special accommodation for work near 
power lines. Paragraph (e)(10) is promulgated as proposed.
    Paragraph (e)(11) requires that all edges of the platform be smooth 
enough to prevent injury. The purpose is to protect the employee from 
injuries such as lacerations and puncture wounds.
    Paragraph (e)(12) requires conspicuous posting of a plate or other 
permanent written notice on the personnel platform listing the weight 
of

[[Page 48038]]

the platform itself and the platform's rated capacity. The purpose of 
the provision is to make employees aware of the platform's limits to 
prevent overloading, which could result in structural failure of the 
platform or equipment, and to facilitate compliance with Sec.  
1926.1431(f)(1), which prohibits loading the platform in excess of its 
rated capacity.
    No comments were received on paragraphs (e)(11) or (e)(12); they 
are promulgated as proposed.
Paragraph (f) Personnel Platform Loading
    Paragraph (f)(1) of this section prohibits loading the platform in 
excess of its rated capacity.
    Paragraph (f)(2)(i) requires the platform to be used exclusively 
for personnel hoisting and not for hoisting materials. However, it does 
allow the necessary materials and tools for the work activity to be 
hoisted along with the employees. Using a personnel platform to hoist 
materials can lead to damage of the platform due to materials shifting 
or excessive loading. This can subject the platform to structural 
stresses that may not be visible and contribute to platform structural 
failure.
    Paragraph (f)(2)(ii) provides an exception to paragraph (f)(2)(i) 
to allow materials and tools on the personnel platform during the trial 
lift as long as the materials/tools are properly secured and 
distributed as specified in Sec.  1926.1431(f)(3).
    Paragraphs (f)(3)(i) and (ii) require that any materials and tools 
that are on the platform during the hoist be secured, and evenly 
distributed within the platform itself while the platform is suspended. 
These precautions are designed to prevent platform tipping and injury 
to employees due to movement of materials or tools during the hoist. 
OSHA concludes that the combination of paragraphs (f)(2)(ii) and (f)(3) 
strikes the appropriate balance by accommodating the practical 
requirements of the job while reducing the potential for overloading.
    No comments were received on paragraphs (f)(1) through (f)(3); they 
are promulgated as proposed.
    Paragraph (f)(4) limits the number of employees on a personnel 
platform to the lesser of either the number needed to perform the work 
or the maximum number for which the platform was designed. The purpose 
is to expose the fewest possible number of employees to the hazards 
presented when hoisting personnel and to minimize the load on the 
platform to the extent possible.
    One commenter stated that boom attached personnel platforms should 
be limited to a maximum of 4 employees. (ID-0178.1.) Because no reason 
was provided to support this requirement, OSHA has not changed the 
requirement that the maximum number of employees on a platform is 
limited to the lesser of the number the platform was designed to hold 
or the number required to perform the work. Therefore, paragraph (f)(4) 
is promulgated as proposed.
Paragraph (g) Attachment and Rigging
    Paragraph (g)(1) of this section establishes the requirements for 
the device used to connect the personnel platform to the hoist line.
    The nature and type of connector used is critical to the overall 
safety of the suspended personnel platform. Under this paragraph, a 
hook used to connect the hoist line and personnel platform must be the 
type that can be closed/locked and must be closed/locked when attached 
to the platform. When a shackle is used in lieu of a hook, it must be 
of the alloy anchor type with either: A bolt, nut and retaining pin in 
place; or: The screw type with the screw pin secured against accidental 
removal. Any detachable device other than a shackle or hook that is 
used must be closable and lockable to the same extent a hook or shackle 
would be when in compliance with this section. When used to connect the 
personnel platform, such a device must be closed and locked to ensure 
that the platform is secured to the hoist line.
    Paragraph (g)(2) requires that each bridle leg in a rope bridle be 
connected to the master link/shackle in a manner that allows the 
platform's load to be equally distributed among each bridle leg. The 
purpose of this type of attachment is to avoid platform tipping.
    Paragraph (g)(3) requires that all hardware used for rigging must 
be able to support five times the maximum intended load applied to or 
transmitted to that component. Additionally, slings using rotation 
resistant rope must have a safety factor of ten. These measurements 
continue the requirements that were in former Sec.  
1926.550(g)(4)(iv)(C).
    Paragraph (g)(4) requires the eyes in wire rope slings to be 
fabricated with thimbles. The purpose of this requirement is to prevent 
excessive wear to the eyes and possible failure of the platform's 
rigging.
    No comments were received on paragraphs (g)(1) through (g)(4); they 
are promulgated as proposed with minor grammatical clarifications.
    Paragraph (g)(5) requires that bridles and rigging used to suspend 
the personnel platform be used exclusively for hoisting personnel 
operations. Rigging components must be dedicated for the sole use of 
personnel hoisting to help ensure that they are not damaged. Materials 
hoisting can lead to damage of the rigging components due to material 
shifting or excessive loading. This can make the rigging components 
susceptible to structural stress that may not be visible, yet 
contribute to failure. To clarify that the bridles and rigging used for 
hoisting personnel may only be used if they have not ever been used for 
other operations prior to being designated for the purpose of hoisting 
personnel, OSHA has modified the regulatory text from the proposed rule 
to state that the bridles and rigging ``must not have been used for any 
purpose other than hoisting personnel.''
Paragraph (h) Trial Lift and Inspection
    Paragraph (h)(1) of this section requires a trial lift without 
occupants and with the platform loaded to at least the anticipated 
liftweight. The purpose of the trial lift is to confirm that: The lift 
set-up works properly; the lift route is free of obstacles; the work 
location is accessible; no work location will place the crane or 
derrick in such a configuration where the intended load would exceed 50 
percent of the equipment's rated capacity; the soil or other supporting 
surface is stable; and that the lift route is suitable for the intended 
lift. The path of the trial lift must begin at the point the employees 
enter the platform and end at the ultimate location the platform is 
being hoisted to and positioned (end point). When there are multiple 
destination locations from a single set-up point, the trial lift must 
be conducted in one of two ways.
    First, individual lifts may be conducted in which the platform is 
moved to one of the end points from the starting point, returned to the 
starting point, moved to a second end point, again returned to the 
starting point, and the process repeated until each end point has been 
reached. Alternatively, a single lift may be conducted from the 
starting point to all of the end points in sequence, without returning 
to the starting point until after the last end point has been reached.
    OSHA determined that the phrase ``a single trial lift for all 
locations'' in the text of the proposed rule for Sec.  1926.1431(h)(1), 
based on C-DAC consensus language, was not sufficiently clear to 
describe the intended meaning of this requirement (see 73 FR 59714, 
59940-59941, Oct. 9, 2008). In addition, OSHA was concerned that 
allowing the trial lift to be conducted in either of these two ways, 
irrespective of how the personnel will actually be hoisted, may

[[Page 48039]]

result in the trial lift failing to reveal problems that would be 
encountered in the actual personnel lift.
    To address these concerns, OSHA suggested language in the preamble 
to the proposed rule to clarify that the employer must use a lift path 
and sequence of stops in the trial lift that will match the lift path 
and sequence of stops when actually hoisting personnel. As noted above, 
the purpose is to detect any problems that could arise before personnel 
are hoisted. OSHA asked for public comment on these issues and the 
suggested language (73 FR 59714, 59833, Oct. 9, 2008).
    Two commenters stated that the language in the proposed rule was 
sufficient and should not be changed (ID-0205.1; -0213.1); another 
commenter stated that the text suggested by OSHA in the preamble to the 
proposed rule should be used in the final rule (ID-0104.1). The Agency 
concludes this suggested text provides a better description of what 
needs to be done to ensure safety--i.e., that the trial lift method 
needs to match the actual hoist method. Therefore, the provision in the 
final rule includes this suggested language.
    Paragraph (h)(2) requires the trial lift to take place immediately 
prior to each shift when hoisting personnel, and each time the 
equipment is moved and set up in a new location or a previously used 
location. This is to ensure that the conditions for the trial lift will 
be nearly identical to those of the actual personnel lift. 
Additionally, a trial lift must be done each time the lift route is 
changed, unless a competent person determines the new lift route does 
not present new factors affecting safety.
    Paragraph (h)(3) requires a competent person to ensure that all 
required safety devices and operational aids required by this section 
are activated and properly functioning, that nothing interferes with 
the equipment or personnel platform during the trial lift, that the 
lift load does not exceed 50 percent of the equipment's rated capacity, 
and that the load radius used is accurately determined. These 
requirements ensure that necessary safety measures are in place and 
validated by a competent person for the trial lift. It is important for 
this to be the responsibility of a competent person because such a 
person not only has the knowledge necessary to make the determinations, 
but also has the authority to take any necessary corrective action.
    Paragraph (h)(4) establishes the duties of the competent person 
immediately after the trial lift. It requires the competent person to 
conduct a visual inspection of the personnel platform and equipment to 
determine if there is any problem or defect resulting from the trial 
lift or if it produced any adverse effect. In addition, the competent 
person must ensure that the test weight used during the trial lift has 
been removed prior to personnel loading.
    The purpose of these requirements is to ensure that any defects in 
the equipment, base support, or ground and personnel platform, revealed 
by the trial lift are seen by a competent person prior to hoisting 
personnel. (Note that, under Sec.  1926.1431(h)(6), any condition found 
during the trial lift that fails to meet a requirement of this standard 
or otherwise constitutes a safety hazard must be corrected before 
hoisting personnel.) Paragraph (h)(4) continues the requirements from 
former Sec.  1926.550(g)(5)(iv) while adding the requirement that the 
competent person ensure that the test weight is removed. This is needed 
because overloading the personnel platform can occur if the test 
weights are not removed and left on the platform when hoisting 
personnel.
    No comments were received on Sec. Sec.  1926.1431(h)(2) through 
(h)(4); they are promulgated as proposed.
    Under paragraph (h)(5)(i), immediately prior to each personnel 
lift, the competent person must inspect the platform while it is lifted 
a few inches to ensure that the platform is secure and properly 
balanced.
    The purpose of this procedure is to ensure that, with the occupants 
and materials/tools to be hoisted on the platform immediately before 
the hoist is to take place, the platform is secure and properly 
balanced. The purpose of having the occupants and materials/tools on 
board during this check is twofold. First, it ensures that the check 
takes place just before the personnel lift, which minimizes the chance 
that damage or other problems affecting the platform's security will 
occur after the check. In addition, it would be difficult to ensure 
that the platform will be properly balanced when in actual use without 
having the employees and materials/tools on board.
    In the proposed rule, the text did not state that personnel and 
materials were to be on board during the trial lift (see 73 FR 59941, 
Oct. 9, 2008). In the preamble to the proposed rule, the Agency asked 
for comment on adding the phrase ``with the personnel and materials/
tools on board'' to clarify the intent of this requirement (see 73 FR 
59833, Oct. 9, 2008).
    Three comments were received in response to the Agency's request 
for comment on this issue. (ID-0104.1; -0205.1; -0213.1.) All three 
commenters agreed with the Agency's suggested revision. Therefore, the 
final rule reflects this change in Sec.  1926.1431(h)(5)(i).
    Paragraph (h)(5)(ii) requires a competent person to determine that 
hoist ropes are free of defects, that multiple part lines are not 
twisted around each other, and that the primary attachment is centered 
over the platform. If the load rope is slack, the competent person must 
inspect the hoisting system to ensure the rope lines are properly 
seated on drums and in sheaves. Paragraphs (i) and (ii) continue the 
requirements from former Sec.  1926.550(g)(5)(iii), with the additional 
clarification that hoist ropes must be free of deficiencies (that is, 
not just free of ``kinks,'' as was required in former Sec.  
1926.550(g)(5)(iii)(A)). The purpose of these requirements is to 
mandate an additional final review by a competent person to evaluate 
the personnel platform, the balance of the load, and the lifting 
devices to ensure that necessary safety requirements are met.
    No comments were received on Sec.  1926.1431(h)(5) (ii); it is 
promulgated as proposed.
    Paragraph (h)(6) establishes that any condition that fails to meet 
the requirements of this standard or otherwise creates a safety hazard 
must be corrected before personnel are hoisted. This includes 
conditions found during the trial lift or in any inspection or 
subsequent review of the equipment, platform or rigging. No comments 
were received for this provision. However, the following reference has 
been added to this provision for clarification: ``(See Sec.  1926.1417 
for tag-out and related requirements.).'' This sentence has been added 
to ensure the employer is aware of the applicable tag-out and related 
requirements of Sec.  1926.1417, Operation.
Paragraph (i) [Reserved.]
Paragraph (j) Proof Testing
    This paragraph delineates the requirements of and method for proof 
testing the personnel platform and rigging. It requires the proof test 
to be done at each jobsite prior to hoisting personnel and after any 
repair or modification of the platform. The proof test must be at 125 
percent of the platform's rated capacity with an evenly distributed 
test load. The platform must be lowered by controlled load lowering, 
braked, and held in a suspended position for at least five minutes. 
After this proof test, the competent person must inspect the platform 
and rigging to determine if it has passed the proof test. If not, all 
deficiencies that pose a safety hazard must be corrected and another 
proof test performed. The competent

[[Page 48040]]

person must determine that the platform and rigging have successfully 
passed the proof test before any personnel hoisting begins.
    The purpose of this paragraph is to determine if the structural 
integrity of the personnel platform is intact or if it has been 
affected by any condition, damage, repair or modification which could 
result in structural failure or other safety hazards from the platform 
or rigging. This ensures the load lowering and braking mechanisms are 
functioning properly before personnel are lifted. In addition, Sec.  
1926.1431(j)(3) clarifies that only deficiencies that present a safety 
hazard need be corrected; minor deficiencies bearing no relation to 
safety do not need to be corrected.
    In addition, the Agency is adding a reference to the requirements 
of Sec.  1926.1417, Operation, to ensure the reader is aware of the 
applicable tagout and startup requirements of Sec.  1926.1417, 
Operation. Paragraph (j)(3) of this section is otherwise promulgated as 
proposed.
    One commenter stated that proof testing should not be required for 
boom attached personnel platforms, since there is no rigging and a 
simple visual inspection of the mounting hardware would be sufficient. 
(ID-0144.1.)
    OSHA disagrees with this comment. The purpose of this proof test is 
to ensure the sufficiency and integrity of the system that will be 
hoisted by the crane/derrick. In the case of a suspended platform, that 
system consists of the platform and the rigging that attaches it to the 
crane/derrick. In the case of a boom-attached platform, that system 
consists of the platform with its boom-mounting hardware (in such cases 
OSHA considers the boom-mounting hardware part of the platform itself). 
Therefore, even when rigging is not used, the proof test still needs to 
be performed to help ensure the adequacy of the platform, including its 
attachment system.
    Therefore, Sec. Sec.  1926.1431(j)(1), (2) and (4) are promulgated 
as proposed.
Paragraph (k) Work practices
    Paragraph (k)(1) of this section requires hoisting the personnel 
platform in a slow, controlled, cautious manner, with no sudden 
movements of the equipment or platform. This precaution minimizes the 
likelihood of platform tipping, loss of footing, and loss of control of 
the platform by the operator during hoisting.
    Paragraph (k)(2)(i) requires that all occupants of the personnel 
platform keep all parts of the body inside the platform while it is 
being raised, lowered or moved horizontally. This does not apply when a 
platform occupant must position the platform. Additionally, this does 
not apply when a platform occupant is performing the duties of a signal 
person. The purpose of this requirement is to prevent an employee from 
having a body part struck by or caught in between the personnel 
platform and another object.
    Paragraph (k)(2)(ii) prohibits platform occupants from standing on, 
sitting on, or working from any surface other than the floor of the 
personnel platform during hoisting or when working from the platform. 
It prohibits working from a railing or toeboard or the use of any means 
or device to raise the employee's working height. The purpose is to 
ensure that the occupants benefit from the protections of the guardrail 
system and do not destabilize the platform.
    Paragraph (k)(2)(iii) prohibits platform occupants from pulling the 
platform out of plumb in relation to the hoisting equipment. The 
purpose is to prevent tipping of the platform with employees on board, 
which could exacerbate the fall hazard.
    Paragraph (k)(3) requires a personnel platform that is not landed 
to be secured to the structure, before employees enter or exit the 
platform, to prevent dangerous movement of the platform at these times, 
which could exacerbate the fall hazard or cause an employee's body part 
to be struck by or caught in between the personnel platform and the 
structure. Paragraph (k)(3) allows an exception when a greater hazard 
is created by securing the platform to the structure.
    Paragraph (k)(4) requires the operator to receive confirmation that 
the platform is no longer tied to the structure and is freely suspended 
before the operator moves the platform. This requirement prevents 
structural damage to the platform and/or rigging and prevents the fall 
hazard that could result from pulling the platform out of plumb if 
there were an attempt to move it while it is still attached.
    Paragraph (k)(5) requires the use of tag lines when necessary to 
control the personnel platform. The purpose is to provide an additional 
way to control platform stability to decrease the risk of injury from 
loss of footing or from the platform striking an object.
    Under paragraph (k)(6), where the platform is not equipped with any 
controls, the equipment operator is required to remain at the equipment 
controls at all times while the personnel platform is occupied. Because 
there are no controls in the personnel platform, the equipment operator 
must be available to make any necessary adjustments to protect the 
employees from injury from any condition arising after the platform is 
placed at the working location. Paragraph (k)(6) requires the operator 
to stay at the equipment controls, and on site and in view of the 
equipment, at all times the platform is occupied, whether or not the 
crane engine is running. Equipment controls, as discussed here and in 
Sec.  1926.1431(k)(7), include remote controls that are used to control 
the boom and swing functions of the equipment. This subpart does not 
prohibit the use of remote controls for equipment by an operator. See 
discussion of the use of remote controls at the preamble for Sec.  
1926.1417(e)(1). The Agency has added the ``on site and in view of the 
equipment'' requirement in the final rule to address the situation 
where the operator uses a remote control to operate the equipment. The 
same requirement was included in proposed Sec.  1926.1431(k)(7) to 
address the same issue, and is included in final Sec.  1926.1431(k)(7), 
as discussed below.
    No comments were received on paragraphs (k)(1) through (k)(6); they 
are promulgated as proposed with the exception of the addition noted 
for (k)(6).
    Paragraph (k)(7), Platforms with controls, applies when a personnel 
platform has controls. Controls on certain personnel platforms enable a 
platform occupant to move both the platform and the boom. Other 
platform designs enable an occupant to control only the platform/basket 
itself, for example, to level the basket as it is boomed up or down.
    Paragraph (k)(7)(i) requires the platform occupant using the 
platform's controls to be a qualified person with respect to their use, 
including the safe limitations of the equipment and hazards associated 
with its operation. Such knowledge and skill is essential for the 
safety of the platform occupants and employees in the surrounding area.
    Proposed paragraph (k)(7)(ii) required the equipment operator to be 
at the equipment controls, in the personnel platform, or on site and in 
view of the equipment. In the proposed rule, the Agency requested 
public comment on whether this paragraph should be reworded to clarify 
the circumstances for selecting a location for the equipment operator 
(73 FR 59835, Oct. 9, 2008). Two commenters stated that, regardless of 
which option is chosen, the operator must be in a position that allows 
him to control the boom and swing functions of the equipment. (ID-
0205.1; -0213.1.) However, these commenters also stated that the 
proposed regulatory text did not need to

[[Page 48041]]

be revised. (ID-0205.1; -0213.1.)
    Upon reviewing the paragraph as proposed and considering these 
comments, OSHA finds that the language used in proposed 
1926.1431(k)(7)(ii) needs to be changed to clearly specify that an 
operator has to be able to control the boom and swing functions, 
wherever the operator is located. If the platform does not have 
controls for the boom and swing functions of the equipment, then it is 
essential that the operator be at the set of equipment controls which 
include these functions, because they are crucial for the safety of 
personnel being hoisted. These equipment controls may be on the 
platform, in the cab, or on a remote control. The operator must be able 
to take immediate action when necessary (such as, for example, when 
there is unexpected platform or equipment movement, a sudden change in 
wind conditions, or an injury to a platform occupant). In the final 
rule, OSHA has modified Sec.  1926.1431(k)(7)(ii) accordingly.
    Paragraph (k)(7)(iii) requires the platform's operating manual to 
be on the platform or on the equipment while the platform is occupied. 
The purpose is to have ready access to manufacturer's operating 
information when employees are on the platform. No comments were 
received on this provision; it is promulgated as proposed.
    Paragraph (k)(8)(i), Environmental conditions--Wind, requires a 
qualified person to determine if it is unsafe to hoist personnel when 
the wind speed (gust or sustained) exceeds 20 mph. C-DAC selected this 
triggering wind speed based in part on ASME B30.23-2005, which 
prohibits personnel hoisting operations when wind speed exceeds 20 mph. 
High winds increase the likelihood of platform tipping, sudden 
unexpected movement of the platform, or structural failure of the 
equipment. While OSHA is declining to set a specific wind speed 
threshold at which all hoisting operations must cease, it agrees that 
20 mph is an appropriate point at which a safety determination be 
required. If the qualified person determines that hoisting personnel is 
unsafe, hoisting operations must not begin or, if already in progress, 
must be terminated.
    One commenter questioned where and how the wind speed must be 
determined. (ID-0120.) With respect to where the measurement must be 
taken, the language of this provision refers to wind speed ``at the 
personnel platform.'' This means that a safety determination is 
required at any time at which the wind to which the platform is exposed 
exceeds 20 mph, whether the platform is on the ground or suspended.
    The provision does not specify any particular type of device or 
protocol for taking the measurement. The Agency does not determine that 
such specificity is needed; any generally accepted method that 
accurately measures wind speed would suffice. Therefore, this paragraph 
is promulgated as proposed.
    Paragraph (k)(8)(ii), Environmental conditions--Other weather and 
environmental conditions, requires a qualified person to determine if 
it is not safe to hoist personnel when there are indications of 
dangerous weather or any other impending/existing dangerous 
environmental condition. Upon determination that it is unsafe, 
personnel hoisting operations must not be started or must be terminated 
if already in progress.
    Paragraph (k)(9) requires employees being hoisted to remain in 
direct communication with either the signal person (where used) or 
equipment operator at all times. In some instances the platform 
occupants are in a better position to see potential problems developing 
than the operator, or to recognize there is some other safety-related 
need for the operator to take action. In addition, there are instances 
when the operator becomes aware of a developing problem and needs to 
communicate that information to the employees being hoisted. This 
provision ensures that such information can be communicated quickly 
between the hoisted employees and operator.
    No comments were received on paragraphs (k)(8)(ii) or (k)(9); they 
are promulgated as proposed.
    Paragraphs (k)(10)(i) and (ii), Fall protection, require employees 
on the personnel platform to be provided with and use a personal fall 
arrest system attached to a structural member within the personnel 
platform. The fall arrest system (including the attachment point) must 
comply with Sec.  1926.502, Fall protection systems criteria and 
practices. When hoisting personnel over water, a personal fall arrest 
system would not be required since, in the event that an error or 
failure occurred resulting in the employees being in the water, being 
tied-off exacerbates the drowning hazard. However, the requirements of 
Sec.  1926.106, Working over or near water, do apply. Upon review of 
the rule, the Agency determined that it would provide greater clarity 
if the note referring to the requirements of Sec.  1926.106 was 
included in paragraph (k)(10)(ii), instead of at the end of this 
paragraph. The regulatory text of the final rule reflects this change.
    The purpose of this requirement is to protect employees from a fall 
hazard while in the personnel platform in the event of sudden movement, 
tipping, or other circumstance in which a fall would not be prevented 
by the platform's guardrail system.
    Paragraph (k)(11)(i), Other load lines, mandates that while 
hoisting personnel no other lifts may be made with any of the 
equipment's other load lines. This provision serves several purposes. 
First, it prevents platform tipping due to entanglement with other load 
lines or loads. Second, it reduces the chance that the equipment could 
be overloaded. Third, when hoisting personnel, it is essential that the 
operator's full attention be devoted to the hoisted personnel; use of 
another load line necessarily diverts his/her attention. An exception 
applies for pile driving operations, as the pile driver is always 
suspended on a load line and at times personnel have to be hoisted on 
another line to conduct work during the pile driving operation.
    In the preamble to the proposed rule, OSHA explained that the C-DAC 
consensus language for this provision would have applied the 
requirement only when personnel were suspended on a personnel platform. 
However, the standard permits personnel to be hoisted without a 
personnel platform under certain circumstances. Since the requirement 
also needs to apply in those circumstances, OSHA expanded the language 
so that, in proposed paragraph (k)(11)(i), it also applied in those 
circumstances (see 73 FR 59836, Oct. 9, 2008). No comments were 
received on this issue; the provision is promulgated as proposed.
    Paragraph (k)(11)(ii), Other load lines, allows the use of a winch 
line while hoisting personnel when all of the following factors are 
present: the personnel platform is a factory-produced boom-mounted 
personnel platform incorporating a winch as original equipment, the 
load on the winch line does not exceed 500 pounds, and the load on the 
winch line itself does not exceed the rated capacity of the winch and 
platform. C-DAC selected these factors based on the experience of its 
members, and determined that when all of these factors are present, 
there is little chance that the use of the winch line will compromise 
employee safety. OSHA agrees.
    Paragraph (k)(12)(i), Traveling--equipment other than derricks, 
prohibits any traveling by equipment with hoisted employees except in 
two circumstances. The first is where the equipment is traveling on 
fixed rails. The second is where the employer demonstrates that

[[Page 48042]]

there is no less hazardous way to perform the work than by traveling. 
However, this second exception does not apply to rubber-tired 
equipment, for which traveling is always prohibited. Traveling with 
hoisted employees is also always prohibited for derricks, as set forth 
under Sec.  1926.1431(k)(13). (See the discussion of these provisions 
in the preamble to the proposed rule, 73 FR at 59836-59837, Oct. 9, 
2008.)
    No comments were received on paragraphs (k)(10), (k)(11)(ii) or 
(k)(12)(i); they are promulgated as proposed. However, the note that 
appeared at the end of (k)(10) has been added to (k)(10)(i) as 
described above.
    Paragraph (k)(12)(ii) (A)-(E), Traveling--equipment other than 
derricks, establishes certain criteria that must be met when traveling 
with employees in the situations permitted under paragraph (k)(12)(i).
    One commenter stated the requirement to limit travel to the boom 
length was unclear. (ID-0053.1.) This commenter believed it could be 
interpreted to limit the length of the boom itself and not the distance 
the equipment can travel. The Agency concludes the requirement as 
written in the proposed rule, ``Travel shall be limited to boom 
length,'' is clear. However, in the interest of providing additional 
clarity, the Agency is adding the word ``equipment'' to the text of the 
final rule so that it will read, ``Equipment travel must be limited to 
boom length.'' The addition of this word makes it clear the focus of 
the requirement is the distance of travel for the equipment.
    Paragraph (k)(13), Traveling--derricks, prohibits a derrick from 
traveling while it is hoisting personnel. In C-DAC's experience, 
hoisting employees on a traveling derrick is dangerous because derricks 
are not sufficiently stable when traveling. No comment was received on 
this provision; it is promulgated as proposed.
Paragraph (l) [Reserved.]
Paragraph (m) Pre-Lift Meeting
    This paragraph requires a meeting prior to the trial lift at each 
new work location to review the requirements of this section and the 
procedures to be followed when hoisting personnel. The pre-lift meeting 
would be attended by the equipment operator, signal person (when one is 
used for the lift), employees to be hoisted, and the person responsible 
for the task to be performed.
    Also, this paragraph requires this meeting to be repeated when an 
employee is newly assigned to the operation. The purpose of this 
requirement is to make all employees involved in the personnel hoisting 
operation aware of the requirements of this section and the plan for 
the personnel lift. This provides an opportunity for all employees 
involved to have a common and complete understanding of the hoisting 
operation and to give uniform information and instructions immediately 
prior to the lift. This addresses hazards which result from 
misunderstanding of the requirements, particular lift conditions or 
procedures. no comments were received on this provision; it is 
promulgated as proposed.
Paragraph (n) Hoisting Personnel Near Power Lines
    This paragraph prohibits hoisting personnel within 20 feet of a 
power line 350 kV and below or within 50 feet of a power line over 350 
kV, except for work that is covered by 29 CFR part 1926, subpart V, 
Power Transmission and Distribution.
    The purpose of this requirement is to establish a safe clearance 
distance from power lines to protect employees from an electrocution 
hazard that could result if the personnel, a personnel platform, or 
equipment makes electrical contact with a power line. The clearance 
distances are similar to those in Sec. Sec.  1926.1407 and 1926.1408 
for equipment operating near power lines. However, under Sec. Sec.  
1926.1407 and 1926.1408, clearances less than 20 and 50 feet are 
permitted for certain voltage ranges. However, C-DAC determined that 
when personnel are hoisted near a power line it is necessary to require 
the minimum distances of 20 feet for lines 350 kV or less and 50 feet 
for lines over 350kV. Note that all other requirements in subpart CC 
regarding power line safety must also be met, including Sec. Sec.  
1926.1406-1409. No comments were received on this provision; it is 
promulgated as proposed.
Paragraph (o) Hoisting Personnel in Drill Shafts
    This paragraph provides requirements when hoisting personnel in 
drill shafts that are 8 feet and smaller in diameter. Drill shafts of 
this size may be either too small to use a personnel platform, or use 
of a personnel platform might not allow the room needed to perform the 
necessary work. Therefore, due to the limitations of a drill shaft of 
this size, use of a personnel platform would typically be infeasible 
and a boatswain's chair may be the only practical means of hoisting 
personnel and performing the necessary work.
    One commenter stated that personnel should not be hoisted into a 
drill shaft unless the employer determined that use of a video camera 
was both impractical and infeasible. (ID-0120.0.) However, this 
commenter did not provide any explanation or supporting documentation 
of how this would improve safety beyond what the proposed rule 
required. As discussed at paragraph (a) of this section, equipment may 
be used to hoist personnel only when all other means of reaching the 
work area presents a greater hazard or is not possible because of the 
project's structural design or worksite conditions.
    Because no information was provided to justify an additional 
restriction on an employer, OSHA is promulgating this provision as 
proposed.
    Section 1926.1431(o)(1) allows the employer to use either a 
personnel platform or a boatswain's chair for hoisting personnel.\126\ 
When an employer elects to use a boatswain's chair instead of a 
personnel platform, particular supplementary requirements in paragraph 
(o)(3) must be met. Those requirements address the heightened danger 
that the employee may fall from the chair or contact the wall of the 
drill shaft.
---------------------------------------------------------------------------

    \126\ Note that, under Sec.  1926.1431(a), an employer may only 
use equipment to hoist personnel when other means of reaching the 
work area would present a greater hazard or would not be possible 
because of the project's structural design or worksite conditions. 
Therefore, before using either means to hoist personnel in drill 
shafts, the employer would need to determine and demonstrate that 
hoisting personnel instead of using other means of access to the 
work area is the least hazardous, or the only, means to gain access 
to the work area.
---------------------------------------------------------------------------

    Paragraph (o)(2) requires the employer to follow requirements (a) 
through (n) of Sec.  1926.1431 when using a personnel platform to hoist 
employees.
    Section 1926.1431(o)(3) sets out additional requirements that must 
be met when the employer elects to use a boatswain's chair instead of a 
personnel platform for hoisting personnel.
    Paragraph (o)(3)(i) identifies which of the provisions in Sec.  
1926.1431 (a)-(n) apply when using a boatswain's chair. For the 
applicable provisions, the phrase ``boatswain's chair'' is substituted 
for either ``personnel platform'' or ``platform.''
    The Sec.  1926.1431 paragraphs not listed in Sec.  
1926.1431(o)(3)(i) do not apply when a boatswain's chair is used. This 
is because those requirements are either specifically applicable to 
personnel platform design and use, or are otherwise not relevant when 
hoisting personnel in a drill shaft.
    Paragraph (o)(3)(ii) requires a signal person to be stationed at 
the opening of

[[Page 48043]]

the shaft during personnel hoisting. The purpose is to ensure that a 
signal person is used and stationed at the best position to watch the 
employee being hoisted, since the hoisted employee is out of the view 
of the operator.
    Paragraph (o)(3)(iii) requires the employee to be hoisted in a 
slow, controlled descent and ascent. This is to limit swinging or 
sudden movement of the boatswain's chair to prevent a fall from the 
chair or impact with the walls of the drill shaft.
    Paragraph (o)(3)(iv) requires the employee in the boatswain's chair 
to use personal fall arrest equipment, including a full body harness, 
that is attached independent of the crane/derrick. The purpose of 
requiring a tie off point independent of the equipment is to protect 
the employee from a sudden drop or fall due to equipment failure or 
other problem associated with the operation of the crane/derrick, and 
to protect the employee from falls when accessing and egressing the 
boatswain's chair.
    Paragraph (o)(3)(v) requires fall protection equipment to comply 
with Sec.  1926.502, Fall protection systems criteria and practices.
    Paragraph (o)(3)(vi) requires the boatswain's chair (excluding the 
personal fall arrest anchorages) to be capable of supporting, without 
failure, its own weight plus a minimum of five times the maximum 
intended load. This is similar to the requirement for personnel 
platforms at Sec.  1926.1431(e)(4). The strength requirement applicable 
to personal fall arrest anchorages is in Sec.  1926.502(d)(15).
    Paragraph (o)(3)(vii) mandates that only one person can be hoisted 
at a time when using a boatswain's chair. No comments were received on 
paragraphs (o)(1)--(o)(3); they are promulgated as proposed.
Paragraph (p) Hoisting Personnel for Pile Driving Operations
    This paragraph provides requirements for hoisting personnel in pile 
driving operations. Section 1926.1431(p)(1) requires the employer to 
use either a personnel platform or boatswain's chair when hoisting 
personnel in pile driving operations. As with drill shafts, use of a 
personnel platform will often be infeasible in this type of operation, 
and Sec.  1926.1431(p)(1) gives the employer the option of choosing 
which method to use. No comments were received on this provision; it is 
promulgated as proposed.
    Section 1926.1431(p)(2) delineates the alternatives to using an 
anti two-blocking device during pile driving operations, since the 
heavy vibrations of the pile driver typically damage this device. (See 
Sec.  1926.1431(d)(45)(v), Anti two-block). The language C-DAC 
developed for this provision did not distinguish between lattice boom 
cranes and telescopic boom cranes. Its language would have required, 
for either type of equipment, that the cable used to hoist personnel be 
clearly marked so that they equipment operator would have sufficient 
time to stop hoisting to prevent two-blocking, or to use a spotter to 
warn the operator in time to prevent two-blocking. However, in 
reviewing the C-DAC language, OSHA realized that marking the cable is 
not a sufficient means of preventing two-blocking in telescopic boom 
cranes when extending the boom because extending the boom while the 
load hoist remains stationary can cause two-blocking. Instead, a 
spotter is always needed to warn against two-blocking for telescopic 
boom cranes.
    Consequently, for the proposed rule, OSHA modified the language 
used by C-DAC and addressed lattice boom cranes and telescopic boom 
cranes separately. Proposed Sec.  1926.1431(p)(2) requires employers, 
when using lattice boom cranes, to clearly mark the cable used to hoist 
personnel at the point on the cable that allows the equipment operator 
to stop hoisting in time to prevent two-blocking, or to use a spotter 
to warn the operator in time to prevent two-blocking. When using 
lattice boom cranes, in addition to marking the cable as above, a 
spotter must also be used. (See the discussion of the proposed 
provision at 73 FR 59838, Oct. 9, 2008.)
    In the preamble to the proposed rule, OSHA asked for public comment 
on this change to the C-DAC language, but no comments were received on 
this issue. Therefore, the provision is promulgated as proposed.
    Section 1926.1431(p)(3) requires the employer to follow Sec. Sec.  
1926.1431(b) through (n) when using a personnel platform to hoist 
employees. Section 1926.1431(a) does not apply because the employer is 
not required to demonstrate that the other means of access listed in 
Sec.  1926.1431(a) are infeasible before being permitted to hoist 
personnel during pile driving operations. Demonstrating infeasibility 
prior to using a personnel platform is not required because in most 
instances another means of access is not feasible for this operation. 
No comments were received on this provision; it is promulgated as 
proposed.
    Section 1926.1431(p)(4) establishes the requirements for use of a 
boatswain's chair instead of a personnel platform for hoisting 
personnel.
    Section 1926.1431(p)(4)(i) identifies which of the provisions in 
Sec. Sec.  1926.1431(a)-(o) apply when using a boatswain's chair in a 
pile driving operation. For the applicable provisions, the phrase 
``boatswain's chair'' is substituted for either ``personnel platform'' 
or ``platform.''
    The Sec.  1926.1431 paragraphs not listed in Sec.  
1926.1431(p)(4)(i) do not apply when a boatswain's chair is used. This 
is because those requirements are either specifically applicable to 
personnel platform design and use, or are otherwise not relevant when 
hoisting personnel in a pile driving operation.
    Section 1926.1431(p)(4)(ii) requires the employee to be hoisted in 
a slow, controlled descent and ascent. This is to limit swinging or 
sudden movement of the boatswain's chair to prevent a fall from the 
chair or impact with equipment or other structures.
    Section 1926.1431(p)(4)(iii) specifies that the employee in the 
boatswain's chair use personal fall arrest equipment, including a full 
body harness. The fall arrest system must be attached to either the 
lower load block or the overhaul ball. The purpose of having the fall 
protection equipment and tie off point independent of the boatswain's 
chair and rigging used to hoist the employee is twofold: it protects 
the employee from a sudden drop or fall due to failure of that 
equipment and protects the employee when accessing and egressing the 
boatswain's chair.
    Section 1926.1431(p)(4)(iv) requires fall protection equipment to 
comply with Sec.  1926.502, Fall protection systems criteria and 
practices. This ensures that the fall protection equipment is 
sufficient to safely arrest the employee's fall.
    No comments were received on paragraphs (p)(4)(i)--(p)(4)(iv); they 
are promulgated as proposed.
    The C-DAC consensus document did not include provisions to require 
a minimum strength for the boatswain's chair and to require that only 
one person be hoisted at a time, when using a boatswain's chair in pile 
driving operations. As explained in the preamble to the proposed rule, 
the Agency determined these were unintended omissions by the Committee. 
OSHA stated that it planned on including such provisions in the final 
rule, and asked for comment. No comments were received on this issue. 
Therefore, the final rule includes Sec.  1926.1431(p)(4)(v), which 
requires the boatswain's chair to be capable of supporting its own 
weight and at least five times the maximum intended load, and Sec.  
1926.1431(p)(4)(vi), which states

[[Page 48044]]

that only one person may be hoisted at a time.
Paragraph (q) [Reserved.]
Paragraph (r) Hoisting Personnel for Marine Transfer
    This paragraph addresses the particular hazards related to hoisting 
personnel for transfer to or from a marine construction worksite. This 
paragraph applies when hoisting employees solely for such transfer.
    Section 1926.1431(r)(1) requires the employer to use either a 
traditional personnel platform or a marine-hoisted personnel transfer 
device. This paragraph allows an employer to use a marine-hoisted 
personnel transfer device instead of a personnel platform for several 
reasons. Transferring personnel to or from a marine construction site 
poses special problems due to the effects of waves and gusting wind. 
These effects, which can be unpredictable, can result in a situation 
where the equipment operator will not be able to adequately control the 
equipment. In such a situation, the device used to transfer the 
employees may suddenly wind up in the water. Another situation is when 
employees may need to jump into the water to avoid a collision with the 
ship or an object on the construction site. A third situation is when 
the operator is unable to control the equipment while the employees are 
attempting to board or disembark. The longer it takes to get on or off, 
the greater this risk becomes. In all of these scenarios the employees 
need to be able to enter and exit the device being used to transfer 
them quickly and easily.
    A personnel platform, which is designed, in part, to keep the 
employees inside, would, in most marine situations, compound the hazard 
faced by the employees, since they can be difficult to enter and exit 
quickly. In contrast, a marine-hoisted personnel transfer device is 
designed specifically to facilitate the employees' rapid entry and 
exit. The employer has the option of using such a device so that it may 
be used when the conditions are such that the risk of being prevented 
from entering or exiting quickly is greater than the risk of 
unintentionally falling.
    In the proposed rule, OSHA requested public comment on whether 
paragraph (r)(1) should require the employer to first establish that 
use of a marine-hoisted personnel-transfer device was not less safe 
than a personnel platform. No comments were received on this issue.
    Paragraph (r)(2) requires the employer to follow the requirements 
of paragraphs (a) through (n) of Sec.  1926.1431 when using a personnel 
platform to hoist employees. As discussed previously, these provisions 
are designed to ensure that hoisting personnel is the safest means of 
the employees gaining access to the work and that the personnel 
platform's design and use are adequate from a safety standpoint.
    Paragraph (r)(3) establishes the requirements when the employer 
elects to use a marine-hoisted personnel-transfer device instead of a 
personnel platform for hoisting personnel.
    Paragraph (r)(3)(i) identifies which of the provisions in 
Sec. Sec.  1926.1431 (a) through (q) apply when using a marine-hoisted 
personnel-transfer device. For the applicable provisions, the phrase 
``marine-hoisted personnel-transfer device'' is substituted for either 
``personnel platform'' or ``platform.''
    The Sec.  1926.1431 paragraphs not listed in Sec.  1926.1431 
(r)(3)(i) do not apply when a marine-hoisted personnel-transfer device 
is used. This is because those requirements are either specifically 
applicable to personnel platform design and use, or are otherwise not 
relevant when hoisting personnel at a marine worksite.
    Paragraph (r)(3)(ii) requires the marine-hoisted personnel-transfer 
device to be used exclusively for transferring employees. One purpose 
of this provision is to prevent the device from being used as a work 
platform. The device's design, which specifically facilitates easy and 
rapid entry and exit, is ill suited to providing a safe work platform. 
In particular, it is not designed to prevent a fall when an employee is 
using his or her hands for working rather than holding on to the 
device. Also, it is ill suited as a material transfer device because it 
is not designed to prevent materials from falling from it, and could be 
damaged by such use.
    Paragraph(r)(3)(iii) limits the number of employees on the marine-
hoisted personnel-transfer device to the maximum number the device is 
designed to hold. This prevents overloading, which can result in 
structural failure of the device. It also prevents overcrowding, which 
can cause an unintended fall or preclude a worker from entering or 
exiting as rapidly as when used properly.
    Paragraph (r)(3)(iv) requires each employee being transferred on a 
marine-hoisted personnel-transfer device to wear a U.S. Coast Guard 
personal flotation device that is approved for industrial use. The 
purpose is to protect the employee from drowning if the device enters 
the water, or if the employee falls or needs to jump into the water.
    No comments were received on paragraphs (r)(1)--(r)(3); they are 
promulgated as proposed.
Paragraph (s) Hoisting Personnel for Storage-Tank (Steel or Concrete), 
Shaft and Chimney Operations
    This paragraph establishes requirements when hoisting personnel in 
storage-tanks (steel or concrete), shaft operations and chimney 
operations. Use of a personnel platform, while usually feasible, is 
infeasible in some circumstances involving these operations due to the 
nature of the work activity. Consequently, boatswain's chairs are 
allowed instead of a personnel platform in such instances, but only 
when the employer can demonstrate that use of a personnel platform is 
infeasible. For these reasons, Sec.  1926.1431(s)(1) allows the 
employer to use a boatswain's chair only when the employer has 
determined that use of a personnel platform is infeasible.
    Section 1926.1431(s)(2) requires the employer to follow the 
requirements of paragraphs (a) through (n) of Sec.  1926.1431 when 
using a personnel platform to hoist employees. Under Sec.  
1926.1431(a), an employer may only use equipment to hoist personnel 
when other means of reaching the work area presents a greater hazard or 
is not possible because of the project's structural design or worksite 
conditions. Therefore, before using a personnel platform to hoist 
personnel in storage tanks (steel or concrete), shaft operations and 
chimney operations, the employer must determine that hoisting personnel 
instead of using other means of access to the work area is the least 
hazardous, or the only, means to gain access to the work area.
    Section 1926.1431(s)(3) establishes the requirements when the 
employer uses a boatswain's chair instead of a personnel platform for 
hoisting personnel.
    Section 1926.1431(s)(3)(i) identifies which of the provisions in 
Sec. Sec.  1926.1431(a) through (r) apply when using a boatswain's 
chair. For the applicable provisions, the phrase ``boatswain's chair'' 
is substituted for either ``personnel platform'' or ``platform.''
    The Sec.  1926.1431 paragraphs not listed in Sec.  
1926.1431(s)(3)(i) do not apply when a boatswain's chair is used. This 
is because those requirements are either specifically applicable to 
personnel platform design and use, or are otherwise not relevant when 
hoisting personnel on a boatswain's chair in storage tanks (steel or 
concrete), shaft operations and chimney operations.

[[Page 48045]]

    Section 1926.1431(s)(3)(ii) requires the employee to be hoisted in 
a slow, controlled descent and ascent. This is to limit swinging or 
sudden movement of the boatswain's chair to prevent a fall from the 
chair or impact with the walls or other areas or structures involved in 
these operations.
    No comments were received on paragraphs (s)(1) through (s)(3)(ii); 
they are promulgated as proposed.
    Section 1926.1431(s)(3)(iii) requires the employee in the 
boatswain's chair to use personal fall arrest equipment, including a 
full body harness, that is attached independent of the crane/derrick. 
Having the tie off point independent of the equipment protects the 
employee from a sudden drop or fall due to equipment failure or other 
problems associated with the operation of the crane/derrick, and to 
protect the employee from falls when accessing and egressing the 
boatswain's chair.
    One commenter noted that in certain construction projects there is 
no structure in place for independent attachment of personal fall 
arrest equipment. (ID-0130.l; -0343.1.) This commenter further 
requested that for activities related to construction of storage tanks, 
concrete shafts and chimneys, the requirement be changed to allow 
attachment to the lower load block or overhaul ball. The Agency found 
the information provided persuasive and has revised the regulatory 
language for the final rule. The Agency is limiting the change to those 
situations in which there is no adequate structure available for 
independent attachment. While there may be no available tie-off point 
during new construction, construction activities sometimes take place 
in storage tanks, concrete shafts and chimneys after the structure is 
in place. Therefore, the requirement has been changed to add a sentence 
specifying that when there is no adequate structure for attachment of 
personal fall arrest equipment as required in Sec.  1926.502(d)(15), 
the personal fall arrest equipment should be attached to the lower load 
block or to the overhaul ball.
    Section 1926.1431(s)(3)(iv) requires fall protection equipment to 
comply with Sec.  1926.502, Fall protection systems criteria and 
practices. This ensures that the fall equipment is sufficient to safely 
arrest the employee's fall.
    Section 1926.1431(s)(3)(v) requires the boatswain's chair to be 
capable of supporting, without failure, its own weight plus a minimum 
of five times the maximum intended load. This is consistent with the 
requirement for personnel platforms at Sec.  1926.1431(e)(4).
    Section 1926.1431(s)(3)(vi) mandates that only one person be 
hoisted at a time when using a boatswain's chair. No comments were 
received on paragraphs (s)(3)(iv) through (s)(3)(vi); they are 
promulgated as proposed.
Section 1926.1432 Multiple-Crane/Derrick Lifts
    Final Sec.  1926.1432 lists additional requirements for operations 
involving multiple cranes and derricks. As discussed in the proposed 
rule preamble, this section addresses hazards arising from operations 
that use more than one crane/derrick to lift a load (see 73 FR 59840-
59841, Oct. 9, 2008). After reviewing comments on the proposed rule, 
the Agency is promulgating Sec. Sec.  1926.1432(a) and 1926.1432(b)(1) 
as proposed. Section 1926.1432(b)(2) is nearly identical to the 
proposed text, but includes the following changes: the use of the terms 
``directed'' and ``lift director'' instead of ``supervised'' and 
``supervisor,'' respectively, and language to clarify that the lift 
director must review the multiple crane/derrick lift plan with all 
workers ``in a meeting.''
    Several commenters expressed the view that OSHA should add specific 
requirements and procedures for the protection of employees engaged in 
``critical lifts,'' which were not addressed separately in the proposed 
rules. (ID-0182.1; -0207.1.) One of these commenters requested that 
OSHA add ``critical lifts'' to the title of Sec.  1926.1432, and define 
``critical lift'' to include any lift that exceeds 75 percent of the 
rated capacity of the crane or derrick, requires the use of more than 
one crane or derrick, involves hoisting personnel, or is otherwise 
determined by a qualified person to involve an exceptional level of 
risk. (ID-0182.1.) OSHA disagrees with these commenters for the reasons 
discussed below.
    C-DAC specifically considered whether to use the term ``critical 
lift'' for triggering additional requirements, such as planning and 
oversight. (OSHA-S030-2006-0663-0485.) There are a variety of differing 
views as to what ought to be considered a critical lift in this regard. 
For example, the Army Corps of Engineers, in its 2008 U.S. Army Corps 
of Engineers Safety and Health Requirements Manual, defines ``critical 
lift'' as ``a non-routine crane lift requiring detailed planning and 
additional or unusual safety precautions.'' This manual describes 
critical lifts, in part, as lifts: (1) In which the load weighs 75% of 
the rated capacity of the crane; in which the load is out of the 
operator's view; involving more than one crane; involving non-routine 
or technically difficult rigging arrangement; hoisting personnel with a 
crane or derrick; or that the crane operator believes should be 
considered critical. EM 385-1-1, pg. 293. The National Aeronautics and 
Space Administration's definition is different:

    Critical lifts are lifts where failure/loss of control could 
result in loss of life, loss of or damage to flight hardware, or a 
lift involving special high dollar items, such as spacecraft, one-
of-a-kind articles, or major facility components, whose loss would 
have serious programmatic or institutional impact. Critical lifts 
also include the lifting of personnel with a crane, lifts where 
personnel are required to work under a suspended load, and 
operations with special personnel and equipment safety concerns 
beyond normal lifting hazards.

NASA Standard for Lifting Devices and Equipment, NASA STD-8719.9, pg. 
5.\127\
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    \127\ In OSHA's steel erection standard, 29 CFR 1926 subpart R, 
critical lift is defined as ``a lift that (1) exceeds 75 percent of 
the rated capacity of the crane or derrick, or (2) requires the use 
of more than one crane or derrick'' (See Sec.  1926.751). However, 
the steel erection standard does not require planning or other 
additional precautions whenever there is a critical lift. A critical 
lift plan is only required in subpart R when the employer elects to 
do a site-specific erection plan as an alternative to the 
requirements of Sec. Sec.  1926.753(c)(5), 1926.757(a)(4), or 
1926.757(e)(4).
---------------------------------------------------------------------------

    C-DAC identified and addressed the particular situations that 
necessitate special planning and procedures rather than using a more 
generalized ``critical lift'' approach based on a percent of rated 
capacity. For example, the Committee developed specific requirements 
for hoisting personnel, operating equipment when power lines are 
present, and in Sec. Sec.  1926.1417(o)(3)(ii) and 1926.1417(s), for 
hoisting loads that exceed 75 percent of rated capacity or are 90 
percent or more of rated capacity. This enabled the Committee to 
separately address the specific hazards associated with each type of 
operation. The advantage of this approach is that the standard's 
requirements could be specifically tailored to each type of situation, 
promoting both effectiveness and clarity. Therefore, OSHA defers to the 
expertise of C-DAC and declines to adopt the commenters' suggestions.
Paragraph (a) Plan Development
    Section 1926.1432(a) requires an employer to develop a plan before 
beginning a crane/derrick operation in which more than one crane/
derrick will be supporting the load, the operation must be planned. The 
planning must meet the criteria set forth in Sec. Sec.  1926.1432(a)(1) 
through (3). The purpose of the requirement for a plan is to help 
ensure that the hazards involved

[[Page 48046]]

with a multiple lift are identified and eliminated. The Committee 
determined that a plan-based requirement would be the most appropriate 
and effective means of reducing the risks associated with these 
operations.
    Section 1926.1432(a) does not, however, require the multiple crane/
derrick lift plan to be documented. One commenter suggested that the 
final rule require the plan to be in writing to ensure that the plan 
would be well designed and could be clearly communicated to all 
affected personnel. (ID-0182.1.) C-DAC carefully considered where to 
recommend including documentation requirements throughout the standard, 
and did not recommend including one for this provision. The commenter 
did not provide any explanation of how a documentation requirement 
would enhance the review of the plan or the communication of the plan 
to the parties involved, and OSHA has decided to defer to the expertise 
of the Committee and declines to include a documentation requirement 
for Sec.  1926.1432.
Paragraph (a)(3)
    Section 1926.1432(a)(3) requires engineering expertise to be 
provided by the employer whenever the qualified person determines that 
it is necessary. One commenter believed that all multiple-crane/derrick 
lifts should be planned by a licensed professional engineer due to the 
technical complexity of such lifts. (ID-0156.1.) As discussed in the 
preamble to the proposed rule, in the view of the Committee, some, but 
not all, multiple-crane/derrick lifts need to be planned with 
engineering expertise so that the lift can be performed safely (73 FR 
59841, Oct. 9, 2008). Similarly, the Committee determined that it is 
not practical to set criteria in the rule for identifying which lifts 
need such expertise. OSHA defers to the expertise of the Committee on 
this issue and has decided not to adopt the commenter's suggestion.
Paragraph (b) Plan Implementation
    Under this paragraph, the employer is required to take specific 
steps designed to ensure that the decisions and precautions built into 
the plan are effectively implemented.
    Section 1926.1432(b)(1) requires direction of plan implementation 
by competent and qualified persons, or by one person who meets the 
definitions of both. OSHA has decided to replace the word 
``supervised'' in this paragraph with the word ``directed.'' (For a 
detailed explanation of competent and qualified persons and the reason 
for replacing ``supervised,'' refer to the preamble discussion of Sec.  
1926.1404(a), Supervision--competent-qualified person).
    One commenter suggested that the final rule require a ``lift 
director'' for each multiple-crane/derrick lift and that the ``lift 
director must be present for each critical lift.'' (ID-0178.1.) OSHA 
agrees and, to also be consistent with the identification of the A/D 
director in Sec.  1926.1404(a), has denoted the person directing the 
multiple-crane/derrick lift as the ``lift director.''
Paragraph (b)(2)
    OSHA has decided to replace the term ``supervisor'' in Sec.  
1926.1432(b)(2) with the term ``lift director.'' This decision was made 
to be consistent with the similar change from ``A/D supervisor'' to 
``A/D director'' in Sec.  1926.1404(a) and the change from ``lift 
supervisor'' to ``lift director'' in Sec. Sec.  1926.1419(c)(2), 
1926.1421(a), and 1926.1421(c). (For a detailed explanation of this 
change, refer to the preamble discussion of Sec.  1926.1404(a), 
Supervision--competent-qualified person).
    Section 1926.1432(b)(2) mandates that the director review the plan 
with all employees who will be involved with the operation before lift 
operations begin. The Committee determined that it is important for 
employees to know how the plan will work, including their 
responsibilities and the responsibilities of others, to help ensure 
that the diverse aspects of the operation will be coordinated (see the 
more complete discussion of this provision in the proposed rule 
preamble at 73 FR 59841, Oct. 9, 2008).
    One commenter suggested adding an additional provision to proposed 
Sec.  1926.1432(b) to enable the person directing the lift, or the 
operator, to halt operations if at any time the lift director 
determined the lift could not be safely executed pursuant to the lift 
plan. (ID-0182.1; -0357.1.) If such a halt to operations occurred, the 
suggested provision would require the lift director to modify the lift 
plan and review any such modifications with all workers involved with 
the operation. (ID-0182.1.)
    Adding such a provision is unnecessary because Sec.  1926.1432 and 
other provisions in subpart CC already incorporate the commenter's 
suggestions. As discussed above, Sec.  1926.1432(b) requires the lift 
director to be a competent person. As defined in Sec.  1926.1401, a 
competent person ``is a person who is capable of identifying * * * 
hazards * * * and who has authorization to take prompt corrective 
measures to eliminate them.'' This ensures that the lift director has 
the authority to both halt operations and modify the plan if he or she 
determined the lift could not be executed safely according to the lift 
plan. Also, under Sec.  1926.1418, the equipment operator has the 
authority to stop operations whenever there is a concern as to safety. 
Thus, both the lift director and equipment operator have the authority 
to halt a multiple-crane/derrick lift if either determines the lift 
cannot be executed safely pursuant to the lift plan.
    Furthermore, if the lift director modified the plan, a review of 
the modified plan with the workers is required under Sec.  
1926.1432(b)(2) because it is a different plan from the one that had 
been used initially.
    OSHA also received a comment suggesting that the plan-review 
requirement in proposed Sec.  1926.1432(b)(2) did not make clear the 
intention that the review take place in a meeting so that the plan 
could be reviewed collectively with the workers as a group. (ID-
0182.1.) Because a collective review is more likely to be effective 
than separate, individual reviews, OSHA agrees with the commenter's 
clarification and has inserted the phrase ``in a meeting'' into final 
Sec.  1926.1432(b)(2).
    Other than this additional language, the replacement of 
``supervised'' with ``directed,'' and the inclusion of the term ``lift 
director,'' the Agency is promulgating this provision as proposed.
Section 1926.1433 Design, Construction and Testing
    Previously, subpart N included design, construction, and testing 
requirements for specific types of equipment that either incorporate 
pre-1970 consensus standards or that require equipment to conform to 
manufacturer's specifications. The former category includes: crawler, 
locomotive, and truck cranes (ANSI B30.5-1968, incorporated by former 
Sec.  1926.550(b)(2)); overhead and gantry cranes (ANSI B30.2.0-1967, 
incorporated by former Sec.  1926.550(d)(4)); and derricks (ANSI B30.6-
1969, incorporated by former Sec.  1926.550(e)). The latter includes 
hammerhead tower cranes (former Sec.  1926.550(c)(5)) and floating 
cranes and derricks (former Sec.  1926.550(f)(2)(iii)). Except for 
crawler, locomotive, and truck cranes, design, construction and/or 
testing requirements for each of these categories of equipment is 
addressed in a section of this standard that is dedicated to that type 
of equipment. This section contains certain

[[Page 48047]]

requirements applicable only to crawler, locomotive, and truck cranes 
and, in addition, contains requirements that apply to all of the 
equipment covered by this subpart.
Paragraph (a)
    Paragraph (a) of this section requires that crawler, truck and 
locomotive cranes manufactured prior to the effective date of this 
standard meet the applicable requirements for design, construction, and 
testing prescribed in ANSI B30.5-1968, safety code for ``Crawler, 
Locomotive, and Truck Cranes,'' PCSA \128\ Std. No. 2 (1968), the 
requirements in paragraph (b), or the applicable DIN (Deutsches 
Institut f[uuml]r Normung e.V., or German Institute for 
Standardization) standards that were in effect at the time of 
manufacture.
---------------------------------------------------------------------------

    \128\ ``PCSA'' is the acronym for the Power Crane Shovel 
Association.
---------------------------------------------------------------------------

    This provision allows employers to continue to use equipment that 
complies with former Sec.  1926.550(b)(2) of subpart N and also gives 
them the flexibility to use equipment that was built to conform to 
applicable DIN standards.
    One commenter objected to the inclusion of DIN standards, stating 
that those standards are less stringent than the ANSI standard. (ID-
0178.1.) The commenter did not elaborate on this objection, and OSHA 
does not find merit in it. Many cranes currently in use in the United 
States were manufactured in Europe to DIN standards, and OSHA has no 
reason to conclude that these cranes are any less safe than those 
manufactured domestically. Accordingly, paragraph (a) is promulgated 
without substantive change. OSHA has clarified the paragraph by 
splitting the options for compliance into separate paragraphs (1) 
through (4), but has not changed any of the requirements.
Paragraph (b)
    Paragraph (b) of this section uses the phrase ``mobile and 
locomotive cranes'' to reflect the current terminology used in ASME 
B30.5-2004. It specifies that such cranes must meet certain provisions 
of ASME B30.5-2004.
    As drafted by C-DAC, paragraph (b) required that mobile (including 
crawler and truck) and locomotive cranes manufactured on or after the 
effective date of this standard meet certain provisions of ASME B30.5-
2000 with addenda ASME B30.5a-2002, ``Safety Code for Mobile and 
Locomotive Cranes.'' Here, as elsewhere in the proposal, OSHA updated 
the provision to refer to the 2004 version of ASME B30.5, which was 
published after C-DAC completed its draft and was the most current ASME 
standard available at the time OSHA prepared the proposed rule for 
publication. For the proposed rule, OSHA compared the 2004 and earlier 
version and, as discussed below, requested public comment on whether 
certain changes in the 2004 version should be adopted. Two commenters 
objected to the revisions to incorporate the 2004 standards. (ID-
0205.1; -0213.1.) Neither of these commenters provided specific 
reasoning or analysis for their positions beyond saying that the 2004 
standard was not available at the time the consensus document was 
created. OSHA concludes that in the absence of any reason for not 
referring to the updated ASME standard, the most recent version of the 
standard available prior to the publication of the proposed rule should 
be used in this provision. Therefore, this provision is promulgated as 
proposed.
    The incorporation by reference of the listed provisions of ASME 
B30.5-2004 in paragraph (b) of this section does not mean that other 
provisions found in ASME B30.5-2004 do not apply to equipment under 
this subpart. Some other provisions of ASME B30.5-2004 are not 
incorporated into this section because they deal with issues addressed 
elsewhere in this standard. For example, two-block protection, which is 
required by sec. 5-1.9.9.1 of the ASME standard, is addressed in Sec.  
1926.1416 of this proposed standard. In addition, the issues addressed 
in paragraph (e) below are addressed in ASME B30.5-2004 but, instead of 
making those provisions applicable solely to mobile and locomotive 
cranes, C-DAC drafted corresponding provisions that would be applied to 
all of the equipment subject to this proposed standard.
    The sections of ASME B30.5 referenced in Sec. Sec.  1926.1433(b)(1) 
and (b)(13) contain requirements for equipment with outriggers 
partially extended that are not found in the earlier version of the 
ASME standard. In the discussion of Sec.  1926.1433(b) of the proposed 
rule, OSHA noted that Sec.  1926.1404(q)(1) permits partial deployment 
of outriggers when manufacturer procedures permit, and expressed its 
conclusion that incorporating the provisions on partially deployed 
outriggers in the 2004 version of ASME B30.5 would be consistent with 
Sec.  1926.1404(q)(1). OSHA requested public comment on this issue. In 
response, one commenter recommended requiring a system or device that 
would sense the positions of the outriggers and interact with the 
crane's onboard computer system (LMI, RCL, etc.) to automatically 
reduce the crane's capacity based on the outrigger positions. (ID-
0131.1.) Although this might well be a desirable addition, OSHA cannot 
find evidence in this rulemaking record to indicate that such a system/
device is currently available and feasible. The Agency therefore 
declines to add such a requirement.
Paragraph (c)
    Proposed paragraph (c) of this section, Prototype testing, required 
that mobile (including crawler and truck) and locomotive cranes 
manufactured on or after the effective date of this standard meet the 
prototype testing requirements in Sec.  1926.1433(c)(1), Test Option A 
or Sec.  1926.1433(c)(2), Test Option B of this section. Test Option A 
continues the prototype testing methodology that was previously 
required under subpart N for crawler, locomotive, and truck cranes 
through the incorporation of ANSI B30.5-1968. Test Option B permits, as 
an alternative, the use of computer modeling technology for prototype 
evaluation. C-DAC agreed to allow computer modeling testing under the 
European CEN standard only on the condition that the requirements of 
proposed Sec.  1926.1433(c)(2), discussed below, are met to ensure the 
reliability of the computer modeling. OSHA is incorporating this option 
into the final rule with the same condition. OSHA has updated the 
reference to the CEN standard to BS EN 13000:2004. This change was made 
because for purposes of incorporation by reference OSHA must point to a 
specific document and OSHA has selected the English language version of 
EN 13000. In addition, for clarity, a note to paragraph (c) states that 
prototype testing of crawler, locomotive and truck cranes manufactured 
prior to the effective date of the standard must conform to paragraph 
(a). No comments were received on the provisions of paragraph (c) that 
apply to mobile cranes.
    OSHA noted in the proposal that neither proposed Sec.  1926.1433(c) 
nor any other proposed provisions would apply prototype testing 
requirements to tower cranes. It appeared to the Agency that this was 
an oversight on the part of C-DAC. OSHA requested public comment on 
whether there should be prototype testing requirements for tower 
cranes, and, if so, what requirements should apply. All four commenters 
on this issue recommended inclusion of computer modeling and/or 
verification for tower crane prototypes in accordance with BS EN 
14439:2006. (ID-0156.1; -0180.1; -0205.1; -0213.1.) OSHA agrees with 
these comments and

[[Page 48048]]

has added these requirements to the final version of Sec.  
1926.1433(c).
    Another commenter suggested that the standard require equipment 
manufacturers to obtain independent verification that the prototype 
testing was performed. (ID-0156.1.) C-DAC addressed the prototype 
issues directly and did not recommend this approach. Based on the 
evidence in the record, the Agency is not convinced that placing this 
burden on the manufacturer is warranted.
Paragraph (d)
    Paragraph (d) of this section mandates that all equipment covered 
by this subpart meet the requirements listed in Sec. Sec.  
1926.1433(d)(1) through (d)(13) of this section. The issues listed in 
paragraph (d) are addressed by ASME B30.5-2004. However, as explained 
in the proposed rule, C-DAC determined that these requirements were 
also appropriate for other equipment, and the proposed rule applied 
them to all equipment (see 73 FR 59843-59845, Oct. 9, 2008). The Agency 
did not receive any comments opposing this approach. Therefore, instead 
of applying these requirements solely to mobile and locomotive cranes, 
paragraph (d) applies them to all equipment covered by this subpart.
    Section 1926.1433(d)(1), Load capacity/ratings and related 
information, requires the employer to ensure that the information 
available in the cab (see Sec.  1926.1417(c)) regarding load capacity/
ratings and related information include the data listed in Sec. Sec.  
1926.1433(d)(1)(i) through (d)(1)(xvi). These equipment specifications 
need to be made available for the operator to reference in the cab so 
that the operator has immediate access to information needed to ensure 
safe operation.
    Section 1926.1433(d)(2) requires that load hooks (including latched 
and unlatched types), ball assemblies and load blocks be of sufficient 
weight to overhaul the line from the highest hook position for boom, or 
boom and jib lengths, and the number of parts of the line in use. This 
requirement is necessary to prevent any incidents that could occur when 
ball assemblies, load blocks, and load hooks are of insufficient weight 
to keep the load line from being unintentionally pulled up the boom due 
to the weight of the load line itself.
    Section 1926.1433(d)(3) requires that hook and ball assemblies and 
load blocks be marked with their rated capacity and weight. Marking 
this equipment with their rated capacities and weights is needed to 
help ensure that they are not overloaded and is necessary to help 
enable employers to comply with proposed Sec.  1926.1433(d)(2).
    Section 1926.1433(d)(4), Latching hooks, requires that hooks meet 
the requirements in Sec. Sec.  1926.1433(d)(4)(i)-(ii) of this 
section.\129\ Section 1926.1433(d)(4)(i) requires that hooks be 
equipped with latches, except where the requirements of Sec.  
1926.1433(d)(4)(ii) are met. It also requires that latches close the 
throat openings of hooks and that they be designed to retain slings or 
other lifting devices/accessories in the hooks when the rigging 
apparatus is slack. This requirement is included to ensure that the 
rigging will not be unintentionally dislodged from the hook when the 
rigging apparatus is slack.
---------------------------------------------------------------------------

    \129\ Pursuant to a commenter's suggestion on the structure of 
this section as proposed (ID-0172.1), this section was reorganized 
in the final rule for clarity but was not changed substantively.
---------------------------------------------------------------------------

    Section 1926.1433(d)(4)(ii) prohibits hooks without latches, or 
with latches removed or disabled, from being used unless two criteria 
are met. First, to ensure that the hazards are weighed appropriately, a 
qualified person must determine that it is safer to hoist and place the 
load without latches (or with the latches removed/tied-back). Second, 
routes for the loads must be pre-planned to ensure that no employee is 
required to work in the fall zone except for employees necessary for 
the hooking or unhooking of the load. The reason for generally 
requiring hooks to be equipped with latches is to prevent the load from 
accidentally disengaging from the hook. C-DAC determined that the use 
of hooks with latches is an industry recognized practice, but also 
recognized that there are some circumstances where the use of a hook 
with a latch presents a greater hazard. The exceptions in Sec.  
1926.1433(d)(4)(ii) are included to address the latter circumstances. 
For example, if an employee would have to climb up or out onto an 
unsecured, elevated member to unhook the load after its placement, the 
employee would be exposed to a fall hazard. The criteria in Sec.  
1926.1433(d)(4)(ii) for permitting a hook to be used without a latch 
are designed to ensure that the operation can still be conducted 
safely.
    Section 1926.1433(d)(5), Posted warnings, states that posted 
warnings required by this subpart, as well as those originally supplied 
with the equipment by the manufacturer,\130\ must be maintained in 
legible condition. Compliance with this requirement will increase the 
likelihood that employees will recognize the hazard identified on the 
posted warning and avoid or protect themselves from that hazard.
---------------------------------------------------------------------------

    \130\ Two commenters stated that posted warnings originally 
supplied with the equipment by the manufacturer should not be 
included in this provision and were not agreed to by C-DAC; they 
believed that C-DAC required only original posted warnings related 
to electrical hazards. (ID-0205.1; -0222.1.) These commenters are 
mistaken; the proposed language is unchanged from the C-DAC 
consensus document. In any event, OSHA believes that maintenance of 
manufacturers' original posted warnings is critical to safe 
operation of equipment and is promulgating this provision as 
proposed.
---------------------------------------------------------------------------

    Section 1926.1433(d)(6) requires that an accessible fire 
extinguisher be on the equipment to eliminate small fires quickly. This 
provision continues a similar requirement that was in the former Sec.  
1926.550(a)(14)(i).
    Section 1926.1433(d)(7), Cabs, states that equipment with cabs must 
meet the requirements listed in Sec.  1926.1433(d)(7)(i) through (v) of 
this section. These provisions ensure that the crane operator is 
provided with a safe work station that has adequate ventilation, safe 
means of access and egress, good visibility, protection against window 
breakage, and sufficient roof strength. Most of these requirements 
continue the protections provided under OSHA's prior rules for crawler, 
locomotive, and truck cranes, which incorporated by reference various 
sections of ANSI B30.5-1968.
    Section 1926.1433(d)(7)(i) requires that cabs be designed with a 
form of adjustable ventilation and method for clearing the windshield 
for maintaining visibility and air circulation. Examples of means for 
adjustable ventilation include an air conditioner or window that can be 
opened (for ventilation and air circulation); examples of means for 
maintaining visibility include heater (for preventing windshield 
icing), defroster, fan, and windshield wiper. This provision ensures 
adequate air circulation, both for the operator's health and for good 
visibility.
    Under Sec.  1926.1433(d)(7)(ii), cab doors (whether swinging or 
sliding) must be designed to prevent inadvertent opening or closing 
while traveling or operating the machine. Swinging doors adjacent to 
the operator must open outward. Sliding operator doors must open 
rearward. Standardization of the direction for opening doors helps 
ensure that an operator will be able to exit the cab quickly in an 
emergency.
    Section 1926.1433(d)(7)(iii), Windows, requires that cab windows 
meet the requirements listed in Sec. Sec.  1926.1433(d)(7)(iii)(A) 
through (C).
    Section 1926.1433(d)(7)(iii)(A) requires that the cab have windows 
in front and on both sides of the operator. Forward vertical visibility 
must be sufficient to give the operator a view of the boom point at all 
times.

[[Page 48049]]

    Section 1926.1433(d)(7)(iii)(B) allows windows to have sections 
designed to be opened or readily removed. Windows with sections 
designed to be opened must be designed so that they can be secured to 
prevent inadvertent closure. Compliance with this provision ensures 
that the operator can adequately ventilate the cab should conditions 
within the cab affect the safe operation of the crane.
    Section 1926.1433(d)(7)(iii)(C) specifies that windows be 
constructed of safety glass, or material with similar optical and 
safety properties, that introduces no visible distortion or otherwise 
obscures visibility. In the final rule, OSHA has deleted the phrase 
``that interferes with the safe operation of the crane'' from the end 
of this paragraph as proposed to eliminate an ambiguity that might 
arise in interpreting this provision.
    Section 1926.1433(d)(7)(iv) requires that a clear passageway be 
provided from the operator's station to an exit door on the operator's 
side. This provision will enable the operator to enter and exit the 
equipment safely and will enable the operator to escape from the cab 
quickly in the event of an emergency.
    Section 1926.1433(d)(7)(v) states that areas of the cab roof that 
serve as a workstation for rigging, maintenance or other crane-related 
tasks must be capable of supporting 250 pounds without permanent 
distortion.
    Section 1926.1433(d)(8) requires that belts, gears, shafts, 
pulleys, sprockets, spindles, drums, fly wheels, chains, and other 
parts or components that reciprocate, rotate or otherwise move be 
guarded where contact by employees (except for maintenance and repair 
workers) is possible in the performance of normal duties. The exception 
permits maintenance and repair workers to remove the guards when their 
work requires access to the parts being guarded.
    Section 1926.1433(d)(9) requires that all exhaust pipes, 
turbochargers, and charge air coolers be insulated or guarded where 
contact by employees is possible in the performance of normal duties. 
As with Sec.  1926.1433(d)(8), an exception is provided when 
maintenance and repair workers need to remove the guards to perform 
their work. This provision is included to protect workers against 
injuries that can occur if they contact components that are hot enough 
to cause burns.
    Section 1926.1433(d)(10) requires that hydraulic and pneumatic 
lines be protected from damage to the extent feasible. For example, 
where hydraulic or pneumatic lines are subject to chafing from 
vibration or movement of the equipment, they must be secured, protected 
with anti-chafing gear, or otherwise protected from chafing damage. 
Denting, crushing, puncturing, or nicking a hydraulic or pneumatic line 
could adversely affect the structural integrity of the line and 
compromise the safe operation of the affected systems and the crane as 
a whole.
    Section 1926.1433(d)(11) requires that equipment be designed so 
that exhaust fumes are not discharged in the cab and are discharged in 
a direction away from the operator. This provision ensures that exhaust 
gases that are likely to adversely affect or incapacitate the operator 
will not accumulate in the cab because of the design of the equipment. 
For the same reason, OSHA is amending the final rule to clarify that 
the exhaust fumes must also be discharged away from any air intake 
source for the cab.
    Section 1926.1433(d)(12), Friction mechanisms, states that where 
friction mechanisms (such as brakes and clutches) are used to control 
the boom hoist or load line hoist, they must be: of a size and thermal 
capacity sufficient to control all rated loads with the minimum 
recommended reeving; and adjustable to permit compensation for lining 
wear to maintain proper operation. The words ``all rated'' have been 
added back into paragraph (d)(12)(i) of this section in response to 
several comments who correctly pointed out that the phrase was included 
in the C-DAC consensus document. (ID-0180.1; -0205.1; -0213.1.) This 
phrase was inadvertently deleted from the proposal and is needed to 
clarify the requirement.
    Section 1926.1433(d)(13), Hydraulic load hoists, specifies that 
hydraulic drums have an integrally mounted holding device or internal 
static brake to prevent load hoist movement in the event of hydraulic 
failure. This requirement will protect employees against unintended 
movement of the load hoist caused by a hydraulic failure.
    As noted above, Sec. Sec.  1926.1433(d)(7)(iii)(C) and 
1926.1433(d)(11) were amended to clarify those provisions, and Sec.  
1926.1433(d)(12)(i) was amended to address comments received. All other 
provisions of paragraph (d) are promulgated as proposed with minor 
grammatical corrections and changes in numbering.
Paragraph (e)
    Section 1926.1433(e) permits employers to rely on documentation 
from manufacturers to show that they are in compliance with Sec. Sec.  
1926.1433(a)-(c) and 1926.1433(d)(7)-(d)(13) where the equipment has 
not been modified \131\ since it was manufactured, except in accordance 
with Sec.  1926.1434, Equipment modifications. Sections 
1926.1433(d)(1)-(d)(6) are excluded from this provision because the 
employer can easily verify compliance with them without recourse to 
documentation provided by the manufacturer. An employer's failure to 
have such documentation in its possession would not, in itself, 
constitute a violation of these provisions. Rather, Sec.  1926.1433(e) 
is intended to make clear that crane users need not independently 
determine whether their equipment meets certain provisions of this 
section but may rely on manufacturer documentation for that purpose. No 
comments were received on this paragraph, and it is promulgated as 
proposed.
---------------------------------------------------------------------------

    \131\ For clarification, the phrase in the final standard: 
``where the equipment has not been modified'' replaces the phrase in 
the proposed standard: ``where the equipment has not changed.''
---------------------------------------------------------------------------

Section 1926.1434 Equipment modifications
    This section addresses the procedures an employer must follow when 
equipment is modified in a way that affects its capacity or safe 
operation. Its purpose is to safeguard against unsafe modifications and 
to ensure that the equipment's instructions and specifications are 
updated to reflect the modifications so that the equipment may be used 
safely.
    This section uses the term ``modification/addition'' to refer to 
``modification or addition'' to clarify that an addition to the 
equipment is a type of modification and needs to be subject to the same 
approval procedures as other types of modifications. For example, the 
addition of a generator to the back of the cab of a crane needs to be 
subject to the approval procedures because it will alter the crane's 
backward stability.
Paragraph (a)
    Paragraph (a) of this section prohibits modifications or additions 
to equipment which affect the capacity or safe operation of the 
equipment except where any of five options set out in Sec. Sec.  
1926.1434(a)(1), (2), (3), (4), and (5) are met. Options outlined in 
(a)(4) and (a)(5) were not in the proposed rule; see discussion below.
Option (1)--Manufacturer Review and Approval
    Under paragraph (a)(1)(i), the employer must get the manufacturer 
of the equipment to approve the modifications/additions in writing.

[[Page 48050]]

Paragraph (a)(1)(ii) requires that load charts, procedures, instruction 
manuals, and instruction plates/tags/decals be modified in accordance 
with the modification/addition. Under (a)(1)(iii), the original safety 
factor of the equipment must not be reduced. Meeting the requirements 
of this paragraph ensures that the original safety factor is not 
reduced and that all affiliated materials related to safe operation of 
the equipment (instructions, charts) are updated to reflect the changes 
made. Paragraph (a)(1) is promulgated as proposed.
Option (2)--Manufacturer Refusal To Review Request
    Under paragraph (a)(2), the employer must provide a detailed 
description of the proposed modification to the manufacturer and ask it 
to approve the modification/addition. If the manufacturer declines to 
review the technical merits of the proposal or fails, within 30 days, 
to acknowledge the request or initiate the review, the employer may 
proceed with the modification/addition if it complies with the other 
requirements in paragraph (a)(2). In these conditions, the employer may 
utilize a registered professional engineer who is a qualified person 
with respect to the equipment to approve the modification/addition in 
lieu of the manufacturer. See Sec.  1926.1401 for the definition of 
qualified person. C-DAC found it important to clarify that this 
individual needs to be a qualified person ``with respect to the 
equipment involved,'' since specialized knowledge beyond that of a 
general registered professional engineer is needed to make the required 
assessments regarding the particular equipment that is being modified.
    The Committee recommended this option because it determined that 
the refusal of a manufacturer to review a request, or a manufacturer's 
failure to act on the request within a reasonable time, would not 
preclude an employer from making a modification if adequate precautions 
are followed. The Committee concluded that 30 days would give the 
manufacturer a reasonable amount of time to decide whether to simply 
decline to review the request or to proceed with evaluating it. Also, 
the Committee concluded that a failure to respond at all in this period 
would fairly reflect an intention not to act on the request in a timely 
manner.
    Under paragraph (a)(2)(i)(A) OSHA requires that the approval by the 
registered professional engineer specify the equipment configurations 
to which it applies. Cranes typically can be configured in a variety of 
ways. Modifications may have different effects depending on the 
configuration. C-DAC determined that it was essential for purposes of 
ensuring safe operation that the approval specify the configurations to 
which it applies. An example of an approval satisfying this would be 
the following: ``This is an approval to add an additional boom section 
of the above-described design for a brand K lattice boom crane, model 
1. This approval applies only when the crane is configured without a 
jib.''
    Paragraph (a)(2)(i)(B) requires that the registered professional 
engineer modify load charts, procedures, instruction manuals, and 
instruction plates/tags/decals as necessary to accord with the 
modification/addition. Under paragraph (a)(2)(ii), the original safety 
factor of the equipment must not be reduced.
    One local jurisdiction commented that local governments should have 
the option of reviewing and approving cranes that are not modified in 
conjunction with the manufacturer. (ID-0156.1.) The commenter did not 
explain how such a requirement would work in practice or how it would 
enhance employee safety. OSHA defers to C-DAC's judgment that having a 
registered professional engineer (who is a qualified person with 
respect to the equipment involved) approve the modification in 
accordance with the requirements of paragraph (a)(2) will provide 
adequate protection. See, e.g., Building & Constr. Trades Dep't, AFL-
CIO v. Brock, 838 F.2d 1258, 1271 (DC Cir. 1988) (``[A] party 
challenging an OSHA standard must bear the burden of demonstrating that 
the variations it advocates will * * * provide more than a de minimis 
benefit. * * *''). Paragraph (a)(2) is adopted without change from the 
proposal.
Option (3)--Unavailable Manufacturer
    Paragraph (a)(3) addresses a scenario in which the manufacturer of 
equipment is unavailable to review proposed modifications/additions 
because, for example, it has gone out of business (and has not been 
taken over by a successor company). In this situation, if the employer 
wishes to modify its equipment in a way that affects its capacity or 
safe operation, it can get approval from a registered professional 
engineer in accordance with the requirements of (a)(2)(i) and (ii) 
above. This paragraph is adopted as proposed.
Option (4)--Manufacturer Does Not Complete the Review Within 120 Days 
of the Request
    Paragraph (a)(4) has been added to this section of the final rule 
based on a particular scenario raised by a commenter where a 
manufacturer agrees to review a proposed modification/addition, but 
fails to complete that review within 120 days of the date on which it 
was provided with a detailed description of the proposed modification/
addition. (ID-0187.1.) OSHA agrees with the commenter that in that 
scenario the employer should have the option of seeking approval from a 
registered professional engineer in accordance with the requirements of 
(a)(2)(i) and (ii) above. OSHA concludes that 120 days will generally 
be sufficient for manufacturers to complete reviews; for proposed 
modifications/additions that are particularly extensive or complex, 
OSHA assumes that the length of time needed to review the proposal will 
be longer and will be addressed as a contractual matter between the 
parties.
Option (5)--Multiple Manufacturers of Equipment Designed for Use on 
Marine Work Sites
    Paragraph (a)(5) has been added to this final rule in response to a 
comment regarding equipment used on marine work sites. (ID-0187.1.) 
According to this commenter, in the marine construction industry, 
contractors routinely hire shipyards to build specialized barges or 
modify existing barges used as floating platforms for hoisting 
equipment. Custom-made hoisting equipment for such operations is 
frequently assembled using component parts manufactured by multiple 
manufacturers and then installed on the floating platform. In such 
cases, it is impossible to identify a single ``manufacturer'' from 
which to seek approval for a modification/addition; therefore OSHA 
concludes that it was reasonable to provide employers in these 
instances with the ability to seek approval for a proposed 
modification/addition from a registered professional engineer in 
accordance with paragraphs (a)(2)(i) and (ii) above. The term marine 
worksite is defined in Sec.  1926.1401 as ``a construction worksite 
located in, on, or above the water.''
Paragraph (b)
    Paragraph (b) of this section prohibits modifications or additions 
which affect the capacity or safe operation of the equipment where the 
manufacturer, after a review of the technical safety merits of the 
proposed modification/addition, rejects the proposal and explains the 
reasons for the rejection in a written response.
    OSHA concludes, as did C-DAC, that it was important to expressly 
state the need for the manufacturer to explain why it rejected the 
employer's proposed modification. Such an explanation both

[[Page 48051]]

demonstrates that the manufacturer reviewed the technical safety merits 
of the request and gives the employer the opportunity to modify the 
proposal to address the manufacturer's objections. If the manufacturer 
does not provide the reasons for its rejection in writing, the employer 
may consider this a refusal to review a request under paragraph (a)(2) 
above.
    No comments were received for this paragraph; it is promulgated as 
proposed.
Paragraph (c)
    Paragraph (c) of this section states that the provisions in 
Sec. Sec.  1926.1434(a) and (b) do not apply to modifications made or 
approved by the U.S. military. During C-DAC negotiations, a 
representative of the U.S. Navy indicated to C-DAC that such an 
exception is needed in the event of military exigencies. OSHA defers to 
the Committee's expertise on this issue. No comments were received for 
this paragraph; it is promulgated as proposed.
Section 1926.1435 Tower Cranes
Definition of Tower Crane
    OSHA's proposed definition reflected three changes from the 
Committee draft. First, a characteristic of tower cranes that was 
missing from the C-DAC definition was that the working boom is in an 
elevated position above the ground. Second, the working boom on some 
tower cranes, even of the non-luffing type, may not be at a 90 degree 
angle to the tower, and so the term ``fixed horizontally'' may not 
always be appropriate for a non-luffing jib. Third, tower cranes do not 
always rotate about the tower center to swing loads. There are ``top 
slewing'' tower cranes--those in which the working boom rotates on the 
top of a fixed tower, and ``bottom slewing'' tower cranes--those in 
which the tower itself (with the working boom fixed to it) rotates on 
its base, and for the latter, the boom does not rotate about the tower 
center. OSHA requested public comment on the changes it made to the 
Committee draft definition.
    One commenter agreed with the proposed definition of ``tower 
crane,'' saying that OSHA's changes removed any ambiguity in the 
definition. (ID-0187.1.) Three commenters suggested adding the words 
``or near vertical'' to the first sentence of the definition so that it 
would say, ``a type of lifting structure which utilizes a vertical, or 
near vertical, mast or tower. * * *'' (ID-0180.1; -0205.1; -0213.1.) 
These commenters were evidently concerned that a tower crane could, 
under Sec.  1926.1435(b)(5), Plumb tolerance, permissibly deviate from 
being perfectly vertical by a slight amount. As explained below in the 
discussion of Sec.  1926.1435(b)(5), the crane's tower must be plumb to 
the manufacturer's tolerance or, where the manufacturer does not 
specify the plumb tolerance, plumbed to a tolerance of at least 1:500.
    OSHA concludes that adding the words ``or near vertical'' to the 
definition of tower crane is not necessary. Although a tower crane may 
deviate from being perfectly vertical by the amount of the 
manufacturer's tolerance or, where the manufacturer does not specify a 
tolerance, at least 1:500, the tower crane would still be ``vertical'' 
within the ordinary meaning of that word. Adding the words ``or near 
vertical'' could create additional ambiguity and is not necessary to 
avoid misleading tower crane users into thinking that their equipment 
does not fall within OSHA's definition if the tower deviates from 
perfect vertical by the amount permitted by the rule.
    Two commenters suggested adding the following sentence at the end 
of the definition:

    Mobile cranes that are configured with luffing jib and/or tower 
attachments are not considered tower cranes under this section.

(ID-0205.1; -0213.1.)
    The provisions in this section for tower cranes are not appropriate 
for application to a mobile crane configured with a luffing jib. This 
conclusion is equally applicable to mobile cranes used with tower 
attachments. Such attachments typically consist of devices that fix the 
mobile crane's main boom at a near-vertical position and use of a 
luffing jib. OSHA therefore agrees that a mobile crane configured in 
either manner should not be treated as a tower crane, since the 
supplemental provision for tower cranes in this section are not 
designed for such applications.\132\ Therefore, the Agency has added 
the language suggested by the commenters to the definition.
---------------------------------------------------------------------------

    \132\ Note, however, that some tower cranes are mobile, i.e., 
truck-mounted (such as truck-mounted self-erecting tower cranes). 
These are considered tower cranes under this standard.
---------------------------------------------------------------------------

Paragraph (a)
    Section 1926.1435(a) states that Sec.  1926.1435 contains 
supplemental requirements for tower cranes and that all other sections 
of this standard apply to tower cranes unless specified otherwise. This 
paragraph makes clear that all provisions of this subpart apply to 
tower cranes unless a specific provision states that they are 
inapplicable. As discussed below, two sections of this standard that do 
not apply to tower cranes are Sec. Sec.  1926.1415 (safety devices) and 
1926.1416 (operational aids). Instead, this section lists the safety 
devices and operational aids that are required for tower cranes. In 
addition, this section contains additional requirements for erecting, 
climbing, dismantling, and inspections that are specific to tower 
cranes. No comments were received on this paragraph, and it is 
promulgated as proposed.
Paragraph (b) Erecting, Climbing and Dismantling
    Section 1926.1435(b)(1) requires the employer to comply with the 
assembly and disassembly requirements set out in Sec. Sec.  1926.1403-
1926.1406, except as otherwise specified in this section. Section 
1926.1435(b)(1) notes that the industry generally refers to the 
assembly and disassembly of tower cranes as erecting, climbing and 
dismantling. Therefore, when the term ``assembly'' is used in 
Sec. Sec.  1926.1403 through Sec.  1926.1405, it is replaced with 
``erecting and climbing'' when referring to tower cranes. Similarly, 
where the term ``disassembly'' is used, it is replaced with 
``dismantling'' when referring to tower cranes.
    Section 1926.1435(b)(2), Dangerous areas (self-erecting tower 
cranes), addresses the hazards associated with crew members located in 
certain areas. Employees must not be in or under the tower, jib, or 
rotating portion of the crane during erecting, climbing and dismantling 
operations until the crane is secured in a locked position and the 
competent person indicates it is safe to enter these areas. The only 
exception to this is where the manufacturer's instructions direct 
otherwise and the employer limits access to necessary employees only.
    These areas are hazardous because, in the event of unintended 
movement of components, there is a heightened chance that an employee 
could be struck or crushed. The exception accounts for those situations 
in which, due to the design of the equipment, it is infeasible for all 
employees to be out of these areas during erecting, climbing and 
dismantling operations. No commenters addressed Sec.  1926.1435(b)(2). 
It is promulgated without change.
    Proposed paragraph (b)(3), Foundations and structural supports, 
provided: ``Tower crane foundations and structural supports shall be 
designed by the manufacturer or a registered professional engineer.''
    When a tower crane is mounted to portions of a structure, it is 
vital for safe operation that the structure be able to

[[Page 48052]]

withstand the forces imposed by both the crane and the loads the crane 
will handle throughout the job. Accordingly, when portions of a 
structure are used to support a tower crane, the manufacturer or 
registered professional engineer who designs the crane's structural 
supports must ensure not only that the structure is adequate to support 
the crane when it is mounted but that it will continue to support the 
crane under all anticipated conditions of use.
    In the proposal, OSHA noted that it interpreted ``structural 
supports'' in this provision to include both the portions of the 
structure used for support and the means of attaching the tower to the 
structure, and requested public comment on whether proposed Sec.  
1926.1435(b)(3) stated this intent with sufficient clarity.
    Five commenters recommended that OSHA clarify that ``structural 
supports'' means both the portions of the structure used for support 
and the means of attachment. (ID-0120.0; -0156.1; -0180.1; -0205.1; -
0213.1.) OSHA has modified paragraph (b)(3) of this section of the 
final rule accordingly.
    Section 1926.1435(b)(4), Addressing specific hazards, requires the 
employer to comply with Sec. Sec.  1926.1404(h)(1) through (9), which 
pertain to erecting, climbing and dismantling. In particular, Sec.  
1926.1404(h) requires that the A/D Director address certain hazards, 
which are discussed above in the discussion of Sec.  1926.1404. Section 
1926.1435(b)(4) lists additional hazards, specific to tower cranes, 
that the A/D Director also must address. These additional hazards are 
those associated with (i) the foundations and structural supports for 
tower cranes, (ii) the loss of backward stability, and (iii) wind 
speed.
    Proposed Sec.  1926.1435(b)(4)(i) required the A/D Director to 
``verify'' that the foundation and structural supports are installed in 
accordance with their design. This paragraph is designed to ensure that 
the design of these components by the manufacturer or registered 
professional engineer is followed when they are installed.
    Three commenters stated that the A/D Director is not qualified to 
perform this function and that the registered professional engineer who 
designed the support should verify that the foundation and structural 
supports are properly installed. (ID-0180.1; -0205.1; -0213.1.)
    OSHA determines that the commenters are assuming that, by the use 
of the term ``verify,'' the proposed provision meant that the A/D 
Director would have to independently assess the foundation and supports 
to determine if they were installed in accordance with their design. 
OSHA is not, however, requiring the A/D Director to make such an 
independent assessment. For example, the intent of the provision is met 
when the A/D Director determines from the engineer of record that the 
installation was done correctly. To make this clear, OSHA has, in the 
final rule, changed the word ``verify'' to ``determine.''
    Paragraph (b)(4)(ii) requires that the A/D Director address the 
backward stability of the crane before self erecting tower cranes or 
cranes on traveling or stationary undercarriages are swung. OSHA has 
removed the words ``must be considered'' that were in the proposed 
paragraph to avoid ambiguity. Paragraph (b)(4) requires the A/D 
Director to ``address'' certain issues, including the stability issue 
in paragraph (b)(4)(ii), and the words ``must be considered'' could be 
read as limiting or modifying that duty. This provision is similar to 
the assembly/disassembly requirement in Sec.  1926.1404(h)(11) except 
that it applies only to self erecting tower cranes and cranes that are 
on traveling or static (stationary) undercarriages. It applies to these 
types of tower cranes to highlight the fact that, because they do not 
have a base that is fixed to the ground, the backwards stability safety 
issue needs to be addressed. No comments were received on this 
provision, and it is promulgated with only the one revision.
    Proposed Sec.  1926.1435(b)(4)(iii) provided that erecting, 
climbing, and dismantling not take place when the wind speed 
recommended by the manufacturer is exceeded. Where the manufacturer 
does not recommend a maximum wind speed, a qualified person is required 
to establish the maximum wind speed that must not be exceeded. This 
provision was included because the horizontal force caused by wind 
during erecting and dismantling can have a substantial effect on the 
stability of a tower crane.
    One commenter suggested that climbing should not be allowed if the 
wind speed perpendicular to the jib is in excess of 20 miles per hour. 
(ID-0137.1.) This commenter stated that most manufacturers will allow 
climbing in winds up to 40 miles per hour but are not specific on winds 
that are perpendicular to the jib. OSHA concludes that any manufacturer 
who specifies wind speed will assume that the wind might be blowing in 
any direction, including perpendicular to the jib, and take that into 
account in the recommendation. OSHA further concludes that 
manufacturers (and qualified persons) are well qualified to determine 
the maximum wind speed and finds no basis in the record to set a 
maximum wind speed during erection of 20 miles per hour. Accordingly, 
OSHA is promulgating Sec.  1926.1435(b)(4)(iii) as proposed.
    Paragraph (b)(5) of this section, Plumb tolerance, requires that 
the crane's tower be plumb to the manufacturer's tolerance and verified 
by a qualified person. Where the manufacturer does not specify the 
plumb tolerance, this provision requires that the tower be plumb to a 
tolerance of at least 1:500. The tower needs to be plumb within the 
manufacturer's tolerance to ensure the crane's stability and prevent it 
from collapsing. The Committee noted that a tolerance of at least 1:500 
is generally what manufacturers specify and that for any type of 
vertical structure this generally is the accepted plumb tolerance in 
the engineering and construction industries. No comments were received 
on this provision; it is promulgated as proposed.
    Paragraph (b)(6), Multiple tower crane jobsites, requires 
construction jobsites with more than one fixed jib (hammerhead) tower 
crane installed to be located so that no crane can contact the 
structure of another crane. However, the jibs of multiple hammerhead 
tower cranes are permitted to pass over/under one another. This 
provision is designed to ensure that multiple tower cranes on a 
construction site do not collide with each other. No comments were 
received on this paragraph. OSHA has replaced the word ``may'' with 
``can'' in the final rule to clarify that it must be physically 
impossible for the structure of one crane to contact the structure of 
another. The text is otherwise unchanged in the final rule.
    Paragraph (b)(7), Climbing procedures, contains special 
requirements that have to be followed during the climbing process. 
Climbing is defined in Sec.  1926.1401. Paragraph (b)(7) requires that 
prior to, and during, all climbing procedures the employer (i) Comply 
with all manufacturer prohibitions; (ii) have a registered professional 
engineer verify that the host structure is strong enough to sustain the 
forces imposed through the braces, brace anchorages and supporting 
floors; and (iii) ensure that no part of the climbing procedure takes 
place when wind exceeds the speed recommended by the manufacturer or, 
where the manufacture does not specify the wind speed, the speed 
determined by a qualified person. No comments were received on this 
paragraph; it is unchanged in the final rule. The Agency notes that 
several commenters did object generally to the mandatory compliance 
with manufacturer

[[Page 48053]]

requirements. These arguments are addressed in the discussion of Sec.  
1926.1417.
    Paragraph (b)(7)(ii) requires the employer to have a registered 
professional engineer verify that the host structure is strong enough 
to sustain the forces imposed through the braces, brace anchorages and 
supporting floors. Examples of typical host structures include a 
building, parking garage, bridge or pier. If the host structure is not 
strong enough, the host structure could collapse and cause the tower 
crane to collapse as well. No comments were received on this paragraph; 
it is unchanged in the final rule.
    Proposed paragraph (b)(7)(iii) required the employer to ensure that 
no part of the climbing procedure takes place when wind exceeds the 
speed recommended by the manufacturer or by a qualified person if the 
manufacturer does not specify this information. The Agency noted that 
Sec.  1926.1435(b)(4)(iii) requires wind speed to be addressed during 
erecting, climbing and dismantling in the same manner as Sec.  
1926.1435(b)(7)(iii) and requested public comment on whether Sec.  
1926.1435(b)(7)(iii) should be omitted as redundant. Three commenters 
agreed that Sec.  1926.1435(b)(7)(iii) was redundant and should be 
deleted. (ID-0180.1; -0205.1; -0213.1.) OSHA agrees and has deleted 
Sec.  1926.1435(b)(7)(iii) from the final rule.
    One commenter suggested that all rigging used during the climbing 
process should follow the rules provided in Sec.  1926.1431 (Hoisting 
personnel), and in particular the requirement that the lift not exceed 
50% of the equipment's rated capacity. (ID-0137.1.) This commenter said 
that such a requirement is appropriate because climbing frames are 
often hoisted or lowered by the crane while workers are on them. OSHA 
is aware of no reason why workers need to be on a climbing frame while 
it is being hoisted and it notes that such a practice would violate a 
number of provisions of Sec.  1926.1431. As discussed in Sec.  
1926.1431, cranes are designed to hoist material, not personnel, and 
may only be used to hoist personnel when stringent requirements to 
ensure safety are followed, including the requirement that the lift not 
exceed 50% of the equipment's rated capacity. OSHA is not requiring 
that all rigging used in climbing a tower crane meet this requirement 
because it does not determine that workers should be, or commonly are, 
hoisted while on the climbing frame.
    The same commenter stated that the swing should be disabled during 
climbing and that a pre-test of the hydraulic system should be 
performed when the upper structure is initially raised. This commenter 
did not offer any rationale in support of these suggestions, and OSHA 
does not conclude they are needed to ensure the safety of the climbing 
process.
    Section 1926.1435(b)(8), Counterweight/ballast, addresses the 
hazard of instability that can result from improper installation or 
removal of counterweight/ballast, which can cause a collapse. Sections 
1926.1435(b)(8)(i) and (ii) require that tower cranes not be erected, 
dismantled or operated without the amount and position of counterweight 
or ballast in place as specified by the manufacturer or a registered 
professional engineer familiar with the equipment and that the maximum 
amount of counterweight or ballast not be exceeded. No comments 
addressed this paragraph, and it is promulgated as proposed.
Paragraph (c) Signs
    Section 1926.1435(c) requires employers to comply with the 
manufacturer's specifications regarding the size and location of signs. 
This requirement addresses the hazards that can result from attaching 
signs (such as signs with the company's name) to tower cranes. The 
force of the wind bearing against a large sign can significantly 
increase the horizontal force the wind exerts on the crane. According 
to the Committee, most manufacturers specify the maximum size and 
permissible location of signs so that the stability of the tower crane 
is not compromised. Where the manufacturer does not specify this 
information or where such information is unavailable, this provision 
requires a registered professional engineer who is familiar with the 
specific type of tower crane involved to give written approval of the 
size and location of any signs. The provision applies irrespective of 
whether the sign was installed during or after erecting/climbing. No 
comments were received on this provision, and it is promulgated as 
proposed.
Paragraphs (d) Safety Devices and (e) Operational Aids
    These paragraphs set out the safety devices and operational aids 
that are required on tower cranes. Sections 1926.1415 and 1926.1416, 
which require safety devices and operational aids on other types of 
cranes, are not applicable to tower cranes. Instead, Sec. Sec.  
1926.1435(d) and (e) apply. Although some of the safety devices and 
operational aids for tower cranes are the same as those that Sec. Sec.  
1926.1415 and 1926.1416 require for other equipment, others are unique 
to tower cranes. C-DAC determined it would promote clarity to list all 
the devices and aids for tower cranes in this section.
    Safety devices must be in proper working order. Where a safety 
device is not in proper working order, the crane must be taken out of 
service until it is again functioning properly. The Committee 
determined that the protection offered by safety devices is critical to 
safe operation and that there is no alternative way to achieve the same 
level of safety that the safety devices provide. By contrast, if an 
operational aid is malfunctioning, operations may continue where the 
employer implements specified temporary alternative measures. Where the 
tower crane manufacturer specifies more protective alternative measures 
than those specified in this section, the employer is required to 
follow those more protective alternative measures.
    Safety Devices: Paragraph (d)(2) requires the safety devices on 
tower cranes discussed below.
    Boom stops on luffing boom type tower cranes (Sec.  
1926.1435(d)(2)(i)) and jib stops on luffing boom type tower cranes if 
equipped with a jib attachment (Sec.  1926.1435(d)(2)(ii)) are 
required. These are comparable to the boom and jib stops required for 
other cranes under Sec.  1926.1415 (discussed above) and are intended 
to prevent the boom and jib from being raised to too high an angle and 
toppling over backwards.
    Paragraph (d)(2)(iii) requires travel end rail stops at both ends 
of the travel rail. These are comparable to the rail stops required for 
equipment on rails under Sec.  1926.1415 and are designed to keep the 
crane from overshooting the boundaries on the rail within which it is 
supposed to operate, which could cause the crane to collapse.
    Paragraph (d)(2)(iv) requires travel rail clamps on all travel 
bogies. A ``travel bogie (tower cranes)'' is defined in Sec.  1926.1401 
as ``an assembly of two or more axles arranged to permit vertical wheel 
displacement and equalize the loading on the wheels.'' When tower 
cranes travel on rails, they are mounted on travel bogies. The rail 
clamps that are required by this paragraph enable the bogies to be 
clamped to the rail to prevent the crane from lifting off the rail.
    Paragraph (d)(2)(v) requires integrally mounted check valves on all 
load supporting hydraulic cylinders. A check valve permits fluid to 
flow in one direction only. When installed on load supporting hydraulic 
cylinders, such as

[[Page 48054]]

the cylinders used to climb the crane, they protect against the loss of 
load support in the event of a hydraulic pressure failure by preventing 
the reverse flow of the hydraulic fluid supporting the cylinder.
    Paragraph (d)(2)(vi) requires a hydraulic system pressure limiting 
device.
    A pressure limiting device, such as a relief valve, would prevent 
the pressure in a hydraulic system from exceeding its design limit, 
which can cause the system to fail.
    Paragraph (d)(2)(vii) requires the following brakes, which must 
automatically set in the event of pressure loss or power failure: A 
hoist brake on all hoists; a swing brake; a trolley brake; and a rail 
travel brake. These types of brakes are needed to enable the motion of 
the crane and load to be controlled safely. Under this paragraph, they 
must set automatically to avoid uncontrolled movement of the crane or 
load in the event of pressure loss or power failure that prevents their 
operation.
    Paragraph (d)(2)(viii) requires a ``deadman'' control or forced 
neutral return control (hand) levers. These devices ensure that the 
crane does not move unless the movement is being controlled by the 
operator. In the case of a deadman control, the motion being 
controlled, such as hoisting or trolleying, ceases when the operator 
releases the control. Forced neutral return control levers 
automatically return to the neutral position when they are released.
    Paragraph (d)(2)(ix) requires an emergency stop switch at the 
operator's station. This safety device is needed to enable the operator 
to immediately stop all crane functions in the event of an emergency.
    Paragraph (d)(2)(x) requires trolley end stops as safety devices 
because trolley travel limiting devices, which are required by Sec.  
1926.1435(e)(5)(i), will not work without trolley end stops.
    Paragraph (d)(3) requires that all of the safety devices listed in 
Sec.  1926.1435(d)(2) be in proper working order for the crane to be 
operated. Where a device stops working properly during operations, the 
operator would have to safely stop operations, and operations are 
prohibited from resuming until the device is once again in proper 
working order. In the final rule, OSHA is adding text and a cross-
reference to Sec.  1926.1417 to make it clear that the equipment must 
be taken out of service, and tagged as such, when a safety device is 
not operational.
    Three commenters stated that several of the proposed safety 
devices--the hydraulic system pressure limiting device required by 
Sec.  1926.1435(d)(2)(vi), the brakes required by Sec.  
1926.1435(d)(2)(vii), and the deadman control required by Sec.  
1926.1435(d)(2)(viii), should be listed as design features rather than 
safety devices because they cannot be checked every shift, as safety 
devices must under Sec.  1926.1412(d)(1)(xiv). (ID-0180.1; -0205.1; -
0213.1.) OSHA declines to adopt this suggestion because it agrees with 
C-DAC's determination that these devices must be working properly for 
the crane to operate safely, and they therefore need to be listed as 
safety devices under the standard. Moreover, the commenters who said 
these devices cannot be checked every shift did not explain why they 
believed this was so, and C-DAC's inclusion of them as safety devices 
shows that C-DAC determined that checking these devices for proper 
operation, as Sec.  1926.1412(d)(1)(xiv) requires, is feasible.\133\
---------------------------------------------------------------------------

    \133\ The three commenters included one C-DAC member and two 
organizations that nominated members who served on C-DAC. As 
discussed above, OSHA gives reduces weight to comments offered by C-
DAC members and organizations that nominated C-DAC members when 
those comments oppose the position those members took in C-DAC 
deliberations.
---------------------------------------------------------------------------

    Operational aids: Like Sec.  1926.1416 for other equipment, Sec.  
1926.1435(e) divides operational aids for tower cranes into Category I 
aids and Category II aids, with the two categories differing in the 
amount of time that temporary alternative measures can be used until 
the aids are repaired. For Category I aids that period is seven days, 
and for Category II it is 30 days. Also like Sec.  1926.1416, if a 
required part is ordered within seven days of the occurrence of the 
deficiency and not received in time to complete the repair in seven and 
thirty days, respectively, the employer would have seven days from 
receiving the part to complete the repair. The rationale for these time 
periods is discussed under Sec.  1926.1416. For purposes of 
clarification, the Agency has added a reference to Sec.  
1926.1435(e)(3) noting that the requirements of Sec.  1926.1417(j) are 
applicable. See further discussion at Sec.  1926.1417(j).
    Section 1926.1435(e)(4) specifies that operational aids must work 
properly during operations and, if an aid stops working, the operator 
is required to safely stop operations until the aid is working properly 
again or until the temporary alternative measures specified in this 
section are implemented. Where a replacement part for an operational 
aid is not available, the substitution of a device that performs the 
same function would not be considered a modification subject to Sec.  
1926.1434, i.e., it would not need to be approved by the manufacturer 
or a registered professional engineer. (See the discussion above 
regarding Sec.  1926.1416 for an explanation of the Committee's 
rationale for this approach to operational aids.)
    Three of the operational aids discussed below are required on tower 
cranes manufactured more than one year after the effective date of the 
standard. The remainder are required on all cranes. It was C-DAC's 
understanding that the three aids not required on existing cranes 
represent technology only recently available to the industry, while the 
aids that are required on all cranes have routinely been used in the 
industry for some time.
    Paragraph (e)(5) requires the Category I operational aids discussed 
below and specifies the alternative measures that would have to be 
followed if they are not working properly. If these operational aids 
are not working properly, they must be repaired no later than 7 days 
after the deficiency occurs. However, if the employer documents that it 
has ordered the necessary parts within 7 days of the occurrence of the 
deficiency, the repair must be completed within 7 days of receipt of 
the parts.
    OSHA noted in the proposed rule preamble that the term ``days'' 
could mean either business days or calendar days. For the reasons 
outlined in the discussion of Sec.  1926.1416 above, in the final rule 
OSHA has changed ``days'' to ``calendar days'' to reflect the 
Committee's intent.
    Paragraph (e)(5)(i) requires trolley travel limiting devices. These 
devices are required at both ends of the jib to prevent the trolley 
from running into the end stops. If the trolley were to run into an end 
stop, injuries or fatalities could result in a variety of ways. For 
example, the sudden stopping of the trolley at the outward end stop 
could cause the load to swing significantly past the crane's maximum 
working radius, causing a collapse. Another example is where the load 
swing from the sudden stopping of the trolley could cause the load to 
fall and strike employees.
    If this operational aid were not working properly, the employer 
would have to use one of two temporary alternative measures: (A) Mark 
the trolley rope so it can be seen by the operator at a point that will 
give the operator sufficient time to stop the trolley prior to the end 
stops, or (B) use a spotter who is in direct communication with the 
operator when

[[Page 48055]]

operations are conducted within 10 feet of either end of the travel 
rail end stops; the spotter must inform the operator of the distance of 
the travel bogies from the end stops or buffers.
    Proposed Sec.  1926.1435(e)(5)(i)(B) did not explicitly require the 
spotter to be in direct communication with the operator. The Agency 
proposed adding this language as necessary to make the provision work 
effectively and as the Committee intended and requested public comment 
on whether to add specific language to that effect. Five commenters 
supported the addition of an explicit requirement that the spotter be 
in direct communication with the operator; no commenters opposed the 
change. (ID-0069.1; -0156.1; -0180.1; -0205.1; -0213.1.) OSHA has 
amended Sec.  1926.1435(e)(5)(i)(B) accordingly.
    A similar change has been made to Sec. Sec.  1926.1435(e)(5)(ii), 
(e)(5)(iii), (e)(5)(iv), and (e)(5)(vii) discussed below, which also 
provide for the use of a spotter as a temporary alternative measure 
when certain operational aids are not functioning.
    In addition, one commenter suggested there should be visual acuity 
requirements for spotters. (ID-0069.1.) For the reasons discussed 
earlier under Sec.  1926.1408(b)(4)(ii), OSHA is not specifying such a 
requirement in this rule.
    Paragraph (e)(5)(ii) requires a boom hoist limiting device. As 
defined in Sec.  1926.1401, the word ``boom'' used in reference to 
tower cranes refers to a luffing boom. Therefore, under this paragraph, 
a boom hoist limiting device would only be required on cranes with 
luffing booms. A boom hoist limiting device automatically prevents the 
boom hoist from pulling the boom past the minimum allowable radius 
(maximum boom angle), which can result in boom failure (see the 
discussion above of boom hoist limiting device with respect to Sec.  
1926.1416(d)(1)). The temporary alternative measures for this 
operational aid are similar to the ones for the trolley travel limiting 
device and the boom hoist limiting device in Sec.  1926.1416(d)(1): the 
employer has the option of clearly marking the cable at a point that 
would give the operator sufficient time to stop the boom hoist within 
the minimum and maximum boom radius or use a spotter who is in direct 
communication with the operator to inform the operator when this point 
is reached.
    Paragraph (e)(5)(iii) requires an anti two-blocking device. This is 
comparable to the requirement for anti two-blocking devices for other 
cranes required by Sec.  1926.1416. This operational aid is required on 
tower cranes to prevent damage from contact between the load block, 
overhaul ball, or similar component, and the boom tip (or fixed upper 
block or similar component). Where the operational aid is not working 
properly, the employer has the option of clearly marking the cable at a 
point that would give the operator sufficient time to stop the hoist to 
prevent two-blocking, or use a spotter who is in direct communication 
with the operator to inform the operator when this point is reached. 
(See the discussion of the need for this type of device, and rationale 
for including it as an operational aid, above with respect to Sec.  
1926.1416(d)(3)).
    Paragraph (e)(5)(iv) requires a hoist drum lower limiting device. 
This paragraph requires that tower cranes manufactured more than one 
year after the effective date of this standard be equipped with a 
device that prevents the last two wraps of hoist cable from being 
spooled off the drum. Such a device prevents the entire rope from being 
spooled off the drum, which can cause the rope to separate (and the 
load to fall) from the drum due to the shock from the load suddenly 
stopping.
    Paragraph (e)(5)(v) requires a load moment limiting device. ``Load 
moment (or rated capacity) limiter'' is defined in Sec.  1926.1401. 
This type of device detects and prevents a potential overload condition 
which could cause the load to fall, the crane to collapse or other 
failure of the crane.
    Where the load moment limiting device is not in proper working 
condition, two types of measures are required. The first type of 
measure is designed to ensure that the operator determines the radius. 
If the crane is equipped with a radius indicating device, it is 
required to be used. If the crane is not so equipped, the radius is 
required to be measured (such as with a tape measure) to ensure that 
the load is within the rated capacity of the crane.
    The second type of measure is designed to ensure that the operator 
accurately determines the weight of the load. The load weight is 
required to be determined from a source recognized by the industry 
(such as the load's manufacturer), or by a calculation method 
recognized by the industry (such as calculating a steel beam from 
measured dimensions and a known per foot weight). This information must 
be provided to the operator prior to the lift. The proposed rule had 
provided for calculations based on a ``reliable'' source or calculation 
method, or ``by other equally reliable means.'' To avoid potentially 
subjective interpretations of ``reliable,'' OSHA is instead requiring 
that the measurements be from a source typically relied on in the 
industry.
    Paragraph (e)(5)(vi) requires a hoist line pull limiting device so 
that the load applied to the hoist drum will not exceed the hoist's 
capacity. If the hoist is equipped with a multiple speed hoist 
transmission, the device would have to limit the hoist's lifting 
capacity in each individual gear ratio. If the hoist line pull were to 
exceed the hoist's capacity, the hoist could fail and unspool the line, 
causing the load to drop suddenly.
    The temporary alternative measure for this operational aid is that 
the operator ensure that the weight of the load does not exceed the 
capacity of the hoist, taking into account each individual gear ratio 
if the crane is equipped with a multiple speed hoist transmission. For 
example, this could be done by the operator checking the hoist capacity 
in the equipment manual and verifying that the load will not exceed 
that capacity.
    Paragraph (e)(5)(vii) requires a rail travel limiting device in 
each direction to prevent the travel bogies from running into the end 
stops or buffers. As noted above, rail stops that keep the crane from 
overshooting the section of rail within which it is supposed to operate 
is one of the safety devices required for tower cranes that travel on 
rails. A rail travel limiting device is a device that limits the 
crane's travel to keep a travel bogie from running into a rail stop. C-
DAC determined that rail stops should not be the exclusive means of 
ensuring that the crane stays within its intended limits because the 
travel bogie could jump the tracks if it were to strike the rail stops 
at a high enough speed. The temporary alternative to a rail travel 
limiting device that is not in proper working order is to use a spotter 
who is in direct communication with the operator when operations are 
conducted within 10 feet of either end of the travel rail end stops; 
the spotter must inform the operator of the distance of the travel 
bogies from the end stops or buffers.
    Proposed paragraph (e)(5)(viii) required the boom hoist drum to be 
equipped with a device that would positively lock the boom hoist drum. 
One example of such a device is a ratchet and pawl mechanism. The 
purpose of the device is to prevent the boom hoist (and therefore the 
load as well) from inadvertently lowering. The temporary alternative 
measure that was proposed was to require the device to be set manually 
if an electric, hydraulic, or automatic device is not working.
    In the proposed rule, OSHA noted that the temporary alternative 
proposed in paragraph (e)(5)(viii) addressed the

[[Page 48056]]

situation where the mechanism to automatically set the locking device 
was malfunctioning but did not address the situation where the locking 
device itself was not working properly. The Agency requested public 
comment on whether this provision should include a temporary measure 
that would be required if the positive locking device is not working 
properly (regardless of whether it is attempted to be set automatically 
or manually) and, if so, what temporary measure is available in such a 
situation.
    Several commenters responded that boom hoist drum should have 
either a positive locking device, an integrally mounted holding device, 
a secondary braking device, or an internal static brake to prevent boom 
hoist movement in the event of hydraulic or main brake failure. (ID -
0180.1; -0205.1; -0213.1.) According to these commenters, any of these 
devices would prevent the boom hoist drum from spinning freely and 
allowing the boom to free fall in the event the main boom hoist brake 
(required by Sec.  1926.1435(d)(vii)(A)) fails.
    OSHA concludes that any of the devices mentioned by these 
commenters, if working properly, would comply with this provision. 
However, the commenters did not address the question posed in the 
proposal as to whether there is a temporary measure that should be 
required if the device is not working properly. If the drum was, for 
example, equipped with a ratchet and pawl locking device, the record 
does not show that it would be practical to install another type of 
device in the event the ratchet and pawl device is not working 
properly.
    Upon further reviewing proposed paragraph (e)(5)(viii), OSHA 
determines it was C-DAC's intent to require a positive locking 
mechanism that could be set from a control at the operator's station 
and to require, as a temporary alternative measure if the control is 
not working, that the device be set manually. Moreover, OSHA concludes 
that such an alternative would provide an adequate temporary 
alternative. Such a device would be analogous to the parking brake of a 
car, which can normally be actuated from the driver's seat but, in the 
event that control fails, the car can be kept from moving by chocking 
the wheels. To express this intent more clearly, OSHA is modifying 
paragraph (e)(5)(viii) accordingly.
    Paragraph (e)(6) requires the category II operational aids 
discussed below and specifies the alternative measures that would have 
to be followed if they are not working properly. If these operational 
aids are not working properly, they must be repaired no later than 30 
days after the deficiency occurs. However, if the employer documents 
that it has ordered the necessary parts within 7 days of the occurrence 
of the deficiency, and the part is not received in time to complete the 
repair in 30 days, the repair must be completed within 7 days of 
receipt of the parts. As noted above, the word ``days'' in the proposed 
rule has been changed to ``calendar days'' in the final rule.
    Paragraph (e)(6)(i) requires a boom angle or hook radius indicator 
as specified in Sec. Sec.  1926.1435(e)(6)(i)(A) and (B). Under these 
provisions, luffing boom tower cranes are required to have a boom angle 
indicator readable from the operator's station. Hammerhead tower cranes 
manufactured more than one year after the effective date of this 
standard are required to have a hook radius indicator readable from the 
operator's station. These devices are needed because the information 
they provide is necessary for the operator to determine the crane's 
capacity under its load chart. As with the similar devices required 
under Sec.  1926.1416, the temporary alternative is to measure the boom 
angle or hook radius with a measuring device (Sec.  
1926.1435(e)(6)(i)(C)).
    Section 1926.1435(e)(6)(ii) requires tower cranes to have a trolley 
travel deceleration device that would automatically reduce the trolley 
speed before the trolley reaches the end limit in both directions. 
Section 1926.1435(e)(6)(iii) requires tower cranes to have a boom hoist 
deceleration device, which would automatically reduce the boom speed 
before a luffing boom reaches the minimum or maximum radius limit. 
Section 1926.1435(e)(6)(iv) requires tower cranes to have a load hoist 
deceleration device, which would automatically limit the load speed 
before the load hoist reaches the upper limit. In the proposed rule, 
the temporary alternative measure for each of these operational aids 
was for the operator to reduce the speed when approaching the limits.
    In specifying temporary alternative measures generally for 
operational aids, C-DAC sought to identify some measure in each 
instance that would assist the operator in performing the necessary 
task (in this case, slowing the action of a crane component before it 
reaches a limiting point). However, in the case of these deceleration 
devices, the Committee was unable to identify or develop that type of 
alternative measure. The temporary alternatives listed in the proposed 
rule instruct the operator to do manually what the operational aids are 
supposed to do automatically but do not assist the operator in carrying 
out this function. Because the temporary alternatives specified in the 
proposed rule did not meet the usual criteria for temporary alternative 
measures, the Agency requested public comment on whether there are any 
alternative measures that could be used to assist the operators if 
these deceleration devices malfunction.
    Four commenters stated there are no temporary alternative measures 
for these devices. (ID-0172.1; -0180.1; -0205.1; -0213.1.) No 
commenters suggested that there are available measures.
    As neither C-DAC nor public commenters have been able to identify 
appropriate temporary alternative measures, OSHA has considered whether 
to continue to characterize these devices as operational aids or to 
treat them as safety devices and prohibit operation of the equipment 
unless they are working properly. OSHA has also considered whether to 
retain them as Category II operational aids, which must be repaired 
within 30 days, or to change them to Category I operational aids, which 
must be repaired within 7 days. OSHA has decided to retain them as 
Category II operational aids but to modify the temporary alternative 
from that in the proposed rule to ensure that the operator is able to 
operate the crane safely even if a deceleration device is not working.
    As noted above, the proposed rule specified as a ``temporary 
alternative measure'' that the operator reduce speed when approaching a 
limit (such as a trolley's end limit) if a deceleration device is not 
working properly. In fact, reducing the speed near a limit is a work 
practice that crane operators generally follow even if the deceleration 
devices are working properly because serious damage, such as the load 
falling, can result if a deceleration device should fail suddenly while 
the component is moving too fast at the end of its travel. The 
deceleration devices serve as backup devices that slow down the 
components in the event the operator fails to do so properly, but 
operator control is the primary means of slowing the trolley, boom 
hoist, and load hoist before they reach the end of their travel.
    As noted above, OSHA is retaining C-DAC's characterization of these 
deceleration devices as Category II operational aids. C-DAC determined 
that the crane could be operated safely if the deceleration devices 
were malfunctioning as long as the operator follows the normal practice 
of manually slowing the trolley, boom hoist, and load hoist when they 
are near the end of their travel. No commenter or witness

[[Page 48057]]

suggested that a different characterization was proper.
    To address operations when the deceleration device is 
malfunctioning, OSHA is requiring the employer to make sure that the 
operator is aware of the malfunctioning deceleration device and of the 
need to take extra care when the component is near the end of its 
travel, instead of requiring the temporary alternative measures listed 
in the proposed rule. OSHA is therefore specifying, in the final rule, 
that as a temporary alternative measure for each deceleration device, 
the employer must post a notice in the cab of the crane notifying the 
operator that the device in question is malfunctioning and instructing 
the operator to reduce speed when approaching a limit corresponding to 
the malfunctioning device. OSHA concludes that an operator who knows 
that the deceleration device is not working properly will take the 
extra care needed to ensure that the component is moving at a safe 
speed. OSHA modified paragraphs (e)(6)(ii)--(iv) in the final rule 
accordingly.
    Paragraph (e)(6)(v) requires tower cranes to have a device that 
displays the wind speed, mounted above the upper rotating structure. On 
self erecting tower cranes, which typically rotate at the tower base 
and do not have an ``upper rotating superstructure,'' it would have to 
be mounted at or above the jib level to be in a position to give a 
useful reading. The temporary alternative measure is for the wind speed 
to be obtained from a properly functioning device on another tower 
crane on the same site or to be estimated by a qualified person.
    One commenter suggested that paragraph (e)(6)(v) be modified to 
make it clear that the qualified person performing the estimate of the 
wind speed must be located at the same height as the operator of the 
crane. (ID-0199.1.) OSHA does not determine such a change is needed. 
First, the operator's station is not always at the level of the jib; in 
some cranes the operator cab is well below the jib, and in others the 
operator may even be at ground level. Second, a qualified person is 
expected to use his or her judgment and expertise to perform numerous 
functions throughout this rule, and OSHA concludes that the qualified 
person at the site is best able to determine how best to estimate the 
wind speed if called upon to do so under this paragraph.
    Section 1926.1435(e)(6)(vi) requires tower cranes manufactured more 
than one year after the effective date of this standard to have a 
device that displays the magnitude of the load on the hook. This could 
be either a separate device or one that is part of the load moment 
limiting device (discussed above) that displays magnitude of the load 
on the hook. By informing the operator of the weight of the load, this 
device helps the operator ensure that the crane is operated within its 
rated capacity. The temporary alternative is for the weight of the load 
to be determined from a source recognized by the industry (such as the 
load's manufacturer), by a calculation method recognized by the 
industry (such as calculating the weight a steel beam from measured 
dimensions and a known per foot weight), or by other equally reliable 
means. This information must be provided to the operator prior to the 
lift. The proposed rule had provided that the weight of the load and 
calculations be based on a ``reliable source.'' To avoid the 
potentially subjective interpretations of ``reliable,'' OSHA is instead 
requiring in the final rule that these be from a source typically 
relied on in the industry.
    One commenter believed that most of the operational aids listed in 
this section are so vital to safe operation that the crane should not 
be operated if they are not functioning properly. (ID-0172.1.) In 
effect, this commenter would convert these devices from operational 
aids to safety devices. This commenter also believed the time period 
for other operational aids to be repaired should be shortened.
    It was C-DAC's considered judgment that safety would not be 
compromised if the employer follows the temporary alternative measures 
specified for the various operational aids and that the time periods 
for getting malfunctioning devices repaired was reasonable. This 
commenter has offered no basis for OSHA to override C-DAC's judgment on 
these issues.
Paragraph (f) Inspections
    Proposed paragraph (f)(1) of this section did not state that Sec.  
1926.1413 (Wire rope--inspection) applies to tower cranes. OSHA notes 
that the wire rope inspections required under Sec.  1926.1413 must also 
be conducted for tower cranes and determines it is useful to reference 
all tower crane inspection requirements in Sec.  1926.1435(f). 
Therefore, OSHA modified Sec.  1926.1435(f)(1) of the final rule to 
specify that 1926.1413 applies to tower cranes.
    Under paragraph (f)(1), the post-erection, shift, monthly, and 
annual inspections required under Sec. Sec.  1926.1412 and 1926.1413 
must be conducted for tower cranes.
    Proposed paragraphs (f)(2) and (f)(3) specified additional 
requirements for the post-erection and monthly inspections for tower 
cranes beyond those required under Sec.  1926.1412. OSHA received no 
comments objecting to those requirements but did receive comments 
suggesting that a pre-erection inspection should be required and 
recommending that additional items be included in the monthly 
inspection. OSHA will first address the pre-erection inspection issue.
    Two commenters and witnesses at the hearing urged OSHA to add a 
requirement for a pre-erection inspection of the crane's component 
parts. (ID-0182.1; -0199.1.) One of the commenters reasoned that a 
thorough inspection of a tower crane's component parts is more 
difficult once the crane is erected because the inspector would have to 
be jacked or hoisted into place and access to the parts would be more 
restricted. (ID-0199.1.) A witness testified that shift inspections are 
not adequate to detect damage from previous use, dismantling, handling, 
or shipping, and such damage could remain undetected until the next 
comprehensive inspection unless a pre-erection inspection is conducted. 
(ID-0341.)
    Several witnesses who use tower cranes also testified in favor of 
pre-erection inspections and said that they routinely conduct such 
inspections. (ID-0344.) For example, a representative from a steel 
erection contractor and crane vendor was asked by a public participant 
if there is a benefit to require a pre-erection inspection of all 
component parts by a qualified person. In response, he testified that a 
pre-erection inspection is done routinely anyway because his company is 
required to inspect the crane components before erection to make sure 
the components were not damaged during shipping. (ID-0344.)
    In addition, one commenter noted that ASME B30.3 (2003), 
Construction Tower Cranes, includes a provision on pre-erection 
inspections, which suggests that such inspections are routinely 
conducted in the industry. (ID-0405.1.) The ASME B30.3 provision reads:

    3-1.1.2(g). Before crane components are erected, they shall be 
visually inspected for damage from shipping and handling. Dented, 
bent, torn, gouged, or otherwise damaged structural members shall 
not be erected until repaired in accordance with the manufacturer's 
or a qualified person's instructions, or replaced.

Although the record contains substantial support for pre-erection 
inspections, it also reflects different views regarding the appropriate 
scope of such an inspection. One commenter recommended an inspection of 
``the

[[Page 48058]]

tower crane's component parts.'' (ID-0182.1.) As noted above, the ASME 
B30.3 standard similarly refers to ``crane components.'' Another 
commenter listed the turntable, jib, and boom as items to be inspected. 
(ID-0199.1.) One witness at the hearing stated that the pre-erection 
inspection should include the tower, turntable, jib, counterjib, 
machinery, masts, boom, and pendants. (ID-0341.) However, the 
organization represented by that witness submitted a considerably 
longer list of items it believed should be inspected. (ID-0333.) 
Another witness favored pre-erection inspections of ``major 
components'' but could not offer a more specific definition than 
``components that, if they failed, would have a catastrophic result.'' 
(ID-0344.)
    In light of the record, OSHA concludes that pre-erection 
inspections should be required for tower cranes, with such inspections 
focused on discovering defects that would be difficult to detect during 
the shift inspections that will be conducted regularly after the crane 
is put in service. By focusing the inspection on such components, the 
pre-erection inspection will address the concern expressed by 
commenters that some defects will be difficult to detect during shift 
inspections after the crane is erected.
    OSHA is requiring the pre-erection inspection to be conducted by a 
``qualified person.'' The final rule requires that certain other 
inspections be conducted by a qualified person, including the post-
erection inspection required by Sec.  1926.1412(c) and the annual/
comprehensive inspection required by Sec.  1926.1412(f). As discussed 
below, under the pre-erection inspection required by this final rule, 
the individual conducting the inspection must make decisions similar to 
those that must be made during the annual/comprehensive inspection, 
i.e., deciding whether a deficiency would be an immediate safety hazard 
or whether it requires scrutiny during the monthly inspections. Since 
the pre-erection inspection requires the same degree of expertise as 
the annual/comprehensive inspections, paragraph (f)(2) is similarly 
requiring the pre-erection inspection to be conducted by a qualified 
person.
    Paragraph (f)(2)(i) requires the qualified person to pay particular 
attention to components that will be difficult to inspect thoroughly 
during shift inspections. As noted above, inspection of such components 
was a special concern of commenters who believed that pre-erection 
inspections should be required.
    The shift, monthly, and annual inspections required under Sec.  
1926.1412 leave it up to the individual conducting the inspection to 
determine if a deficiency revealed by an inspection constitutes a 
safety hazard that requires either immediate correction or further 
scrutiny. In particular, Sec. Sec.  1926.1412(f)(4)-(6) on annual 
inspections require the qualified person who conducts the inspection to 
determine whether a deficiency is a safety hazard that requires 
immediate correction or whether it is not yet a safety hazard but is of 
sufficient concern to be monitored in the monthly inspections.
    OSHA determines that a similar approach is appropriate here because 
a deficiency revealed in a pre-erection inspection may be sufficiently 
serious that a component should not be used at all, or it may not 
presently be a safety hazard but may be a matter of concern to the 
inspector so as to require periodic scrutiny. Accordingly, paragraph 
(f)(2)(ii) requires the qualified person who conducts the inspection to 
determine, before a component is erected, whether the component would 
create a safety hazard if used on the crane. If so, the component 
cannot be used unless it is repaired and upon re-inspection is found 
not to constitute a safety hazard.
    Paragraph (f)(2)(iii) specifies that, if the qualified person 
determines that, though not presently a safety hazard, the component 
needs to be monitored, the employer must ensure that the component is 
checked in the monthly inspections. To ensure that any individual who 
conducts a monthly inspection knows that the component must be 
monitored during that inspection, paragraph (f)(2)(iii) requires that 
any such determination be documented and the documentation made 
available to any person who conducts a monthly inspection.
    Proposed paragraph (f)(2) specified two additional post-erection 
inspection requirements in addition to those required under Sec.  
1926.1412(c). It required a load test using certified weights, or 
scaled weights using a certified scale with a current certificate of 
calibration, after each erection. It also specified that the load test 
be conducted in accordance with the manufacturer's instructions, or if 
no instructions are available, in accordance with written load test 
procedures developed by a registered professional engineer. No adverse 
comment was received on these provisions, and proposed paragraph (f)(2) 
is promulgated as proposed but renumbered as paragraph (f)(3).
    Proposed paragraph (f)(3) required that additional items be 
included in the monthly inspections of tower cranes. These include 
tower (mast) bolts and other structural bolts (for loose or dislodged 
condition) from the base of the tower up or, if the crane is tied to or 
braced by the structure, those above the upper-most brace support 
(Sec.  1926.1435(f)(3)(i)). The monthly inspection must also include 
the upper-most tie-in, braces, floor supports, and floor wedges where 
the tower crane is supported by the structure (Sec.  
1926.1435(f)(3)(i)), for loose or dislodged components.
    One commenter's suggestion addressed the suitability of the bolts 
used to erect the tower and to support the turntable. (ID-0172.1.) 
Although OSHA agrees with the commenter that these bolts serve an 
important safety function, the commenter did not provide any supporting 
information that would enable OSHA to evaluate whether the detailed 
requirements proposed by the commenter are needed to improve tower 
crane safety. However, OSHA does determine that the bolts should be 
included as components to be inspected and is adding paragraph (f)(5) 
requiring them to be inspected for proper condition and torque as part 
of the annual inspection.\134\
---------------------------------------------------------------------------

    \134\ Accordingly, OSHA is promulgating proposed paragraph 
(f)(3) but renumbering it as paragraph (f)(4).
---------------------------------------------------------------------------

    A commenter suggested that the upper rotation structure should 
undergo a special, thorough inspection before climbing. (ID-0137.1.) 
This commenter did not state why it believed such an inspection was 
needed. Accordingly, OSHA has no basis in the record to conclude that 
the additional inspection requested by this commenter would improve the 
safety of the climbing operation.
Proposal for Tower Crane Tracking System
    A witness at the hearing suggested that OSHA adopt a tracking 
system whereby any major part of a tower crane that suffered a 
structural failure would be able to be identified even if that part was 
moved to another jurisdiction. (ID-0342.) The witness explained that 
the proposed system would require the serial number of parts that 
failed to be reported to the manufacturer so that localities such as 
New York City could contact the manufacturer to determine whether a 
particular crane was safe to operate within that jurisdiction.\135\
---------------------------------------------------------------------------

    \135\ This commenter also called for prototype testing of tower 
cranes. (ID-0156.1.) As explained in Sec.  1926.1433, OSHA has added 
such a requirement to Sec.  1926.1433(c).

---------------------------------------------------------------------------

[[Page 48059]]

    OSHA is not promulgating requirements to implement the system 
proposed by this witness. Such a scheme is complex, and appears to 
require the development of new tracking systems and required reporting 
to manufacturers that might be beyond the scope of OSHA's authority. It 
also goes far beyond any provisions of the proposed standard, and its 
adoption would require OSHA to reopen the rulemaking record to allow 
other interested persons to comment on it. OSHA does not conclude that 
such a reopening is justified on the basis of the witness's testimony. 
The Agency notes, however, that it is not preempting a locality's 
authority to establish such a scheme within its jurisdiction. (See 
discussion of preemption under federalism in section V.D of this 
preamble.)
Section 1926.1436 Derricks
    This section contains requirements for derricks that supplement the 
other requirements of this standard. Subpart N, at former Sec.  
1926.550(e), required derricks to comply with applicable provisions for 
design, construction, installation, inspection, testing, maintenance, 
and operation in ANSI B30.6-1969, safety code for ``Derricks,'' as well 
as the general provisions of subpart N that applied to all equipment.
    C-DAC's experience, and its review of injury and fatality 
statistics, did not indicate a need to deviate significantly from the 
requirements of subpart N. For the most part, the most recent version 
of the ANSI standard, ASME B30.6-2003, does not differ substantively 
from the 1969 version, so the requirements of this new section differ 
substantively in only limited respects from previous subpart N. Where 
substantive differences exist, they are discussed in the context of 
that requirement.
Paragraph (a)
    Section 1926.1436 contains supplemental requirements for derricks, 
whether temporarily or permanently mounted; all sections of this 
subpart apply to derricks unless specified otherwise. Section 
1926.1436(a) defines a derrick as powered equipment consisting of a 
mast or equivalent member that is held at or near the end by guys or 
braces, with or without a boom, and its hoisting mechanism. The mast/
equivalent member and/or the load is moved by the hoisting mechanism 
(typically base-mounted) and operating ropes. Derricks include: A-
frame, basket, breast, Chicago boom, gin pole (except gin poles used 
for erection of communication towers), guy, shearleg, stiffleg, and 
variations of such equipment.
    Paragraph (a) excludes the gin poles when used for the erection of 
communication towers. This mirrors the exclusion of such equipment from 
the scope of the standard under Sec.  1926.1400(c)(12). See discussion 
of this exclusion in Sec.  1926.1400(c)(12). No comments were received; 
therefore this provision is promulgated as proposed.
Paragraph (b) Operation--Procedures
    Paragraph (b)(1) of this section states that Sec.  1926.1417 
(Operation) of this standard applies to derricks except for Sec.  
1926.1417(c) (Accessibility of procedures). C-DAC concluded and OSHA 
agreed that it was appropriate to keep the operation requirements for 
derricks consistent with those of cranes as much as possible because 
they both present many of the same hazards and operational issues. 
However, Sec.  1926.1417(c) requires the operating procedures, 
including load charts, to be located in ``the cab'' of the equipment 
and derricks often do not have a cab. Therefore, it was not appropriate 
to require that Sec.  1926.1417(c) apply to derricks. The discussion of 
Sec.  1926.1436(b)(3) sets forth the requirements for the accessibility 
of the load chart for derricks.
    Paragraph (b)(2) of this section, Load chart contents, lists the 
information that must be included on load charts. Subpart N 
incorporated similar load chart requirements via sec. 6-1.1.2 in ANSI 
B30.6-1969, which remains the same in the 2003 version of the consensus 
standard.
    Paragraph (b)(2)(i) requires the load chart contain the rated 
capacity at corresponding ranges of boom angle or operating radii. This 
information is necessary to prevent overloading of the derrick.
    Paragraph (b)(2)(ii) requires the load chart to list the specific 
lengths of components to which the rated capacities apply. This 
information is necessary because the derrick's load capacity varies 
with different component lengths.
    Paragraph (b)(2)(iii) requires the load chart to list required 
parts for hoist reeving. By listing the reeving parts considered during 
the tabulation of available load charts, the derrick operator can 
determine if available load charts are applicable to the configuration 
of the derrick at the work site. As with paragraphs (b)(2)(i) and (ii), 
meeting the requirement of paragraph (b)(2)(iii) will help prevent 
accidents that could occur as a result of errors in determining the 
equipment's rated capacity.
    Paragraph (b)(2)(iv) requires the size and construction of rope to 
be included on the load chart or in the operating manual. This 
requirement prevents hoisting accidents that might occur if a rope 
fails because it was the wrong size or construction for the load being 
lifted.
    Paragraph (b)(3) of this section, Load chart location, sets forth 
the requirement for the location of load charts. Section 
1926.1436(b)(3)(i), Permanent installations, requires permanently 
installed derricks with fixed lengths of boom, guy, and mast, to have a 
load chart posted where it is visible to personnel responsible for the 
operation of the equipment. Section 1926.1436(b)(3)(ii), Non-permanent 
installations, requires derricks that are not permanently installed to 
have the load chart readily available at the job site to personnel 
responsible for the operation of the equipment. These requirements 
ensure the critical information contained on these charts is readily 
available on the worksite enabling the calculation of the parameters 
for a safe lift. No comments were received for Sec.  1926.1436(b); it 
is promulgated as proposed.
Paragraph (c)--Construction
    Paragraph (c) of this section contains supplemental engineering and 
fabrication requirements that address hazards specific to derricks. 
Paragraph (c)(1), General requirements, lists general construction 
requirements that apply to the use of all types of derricks. These 
requirements are similar to sec. 6-1.2.1 of ANSI B30.6-1969 and ASME 
B30.6-2003 and would help the employer prevent accidents caused by 
inadequate structural design and fabrication.
    Paragraph (c)(1)(i) states that derricks must be constructed to 
meet all stresses imposed on members and components when installed and 
operated in accordance with the manufacturer's/builder's procedures and 
within its rated capacity. ``Builder'' is defined in Sec.  1926.1401 as 
``the builder/constructor of equipment.'' This definition distinguishes 
a ``builder'' of equipment (a derrick that is erected at the worksite 
by an employer) from a manufacturer, who sells products that may be 
used at any worksite. Section 1926.1436(c)(1)(i) uses the word 
``builder'' in addition to ``manufacturer'' because it will often be 
the builder's procedures, rather than the manufacturer's, that must be 
followed to ensure that derricks are constructed properly. In the 
proposed rule, the definition of builder included the word employer. 
Upon review of the definition proposed, OSHA determines that the word 
employer did not enhance the

[[Page 48060]]

definition and could possibly lead to confusion. Therefore, OSHA has 
modified the definition in the final rule.
    Paragraph (c)(1)(ii) specifies that the welding of load sustaining 
members must conform to recommended practices in ANSI/AWS D14.3-94 or 
AWS D1.1/D1.1M:2002. This is similar to sec. 6-1.2.1(b) of ASME B30.6-
2003 which relies on newer welding standards than ANSI B30.6-1969. 
Paragraph (c)(1)(ii) will prevent structural failures when the derrick 
is used within its rated capacity.
    One commenter wanted the referenced consensus standards to be 
included as an appendix for ease of compliance. (ID-0214.1.) Including 
all the consensus standards relevant to this final rule would make the 
regulatory text or an appendix cumbersome. Moreover, OSHA determines 
that employers using this equipment are likely to have ready access to 
the pertinent standards referenced in paragraph (c)(1)(ii). For these 
reasons, OSHA is not adding the full text of referenced consensus 
standards to the regulatory text or an appendix. This paragraph is 
promulgated as proposed.
    Paragraph (c)(2) of this section, Guy derricks, lists the 
additional requirements applicable to the construction of guy derricks. 
(See the preamble to the proposed rule for a short description of guy 
derricks, 73 FR 59853, Oct. 9, 2008.)
    Paragraph (c)(2)(i) specifies the minimum number of guys to be six, 
with equal spacing, except where a qualified person or derrick 
manufacturer approves variations from these requirements and revises 
the rated capacity to compensate for such variations. This requirement 
is comparable to sec. 6-1.2.2 of ANSI B30.6-1969 and ASME B30.6-2003. 
This paragraph is adopted as proposed.
    Paragraph (c)(2)(ii) states that guy derricks must not be used 
unless the employer has the following guy information from a 
manufacturer or from a qualified person when not available from the 
manufacturer: (A) The number of guys; (B) the spacing around the mast; 
and (C) the size, grade, and construction of rope to be used for each 
guy. Paragraph (c)(2)(iii) requires that for guy derricks manufactured 
after December 18, 1970, in addition to the information required by 
Sec.  1926.1436(c)(2)(ii), the employer must have the following guy 
information from a manufacturer or from a qualified person when not 
available from the manufacturer: (A) The amount of initial sag or 
tension; and (B) the amount of tension in guy line rope at anchor.
    These provisions are substantially different from requirements in 
the relevant ANSI/ASME standards. The corresponding ANSI/ASME 
provisions are sec. 6-1.2.2 of ANSI B30.6-1969 and ASME B30.6-2003. The 
ANSI/ASME standards require the derrick manufacturer to furnish 
complete information recommending the guy specifications listed in 
Sec. Sec.  1926.1436(c)(2)(ii) and (c)(2)(iii).\136\ The OSHA standard, 
by contrast, imposes an obligation on derrick users to possess the 
necessary information. No comments were received on this deviation from 
the consensus standard and OSHA has deferred to C-DAC's judgment that 
it is better to place this responsibility on the derrick user rather 
than the manufacturer.
---------------------------------------------------------------------------

    \136\ The 1969 version of the ANSI standard does not include the 
pieces of information described in Sec.  1926.1436(c)(2)(iii), but 
later versions of the B30.6 standard, including the 2003 version, 
list those items.
---------------------------------------------------------------------------

    Paragraphs (c)(2)(ii) and (c)(2)(iii) have been revised from the 
proposal. As proposed, these paragraphs simply required the employer to 
have the listed pieces of information before using the guy derrick. 
OSHA requested comments on whether the standard should require guy 
specifications to be developed by a qualified person if they are not 
available from the manufacturer. Several comments were received 
supporting the proposed revision. (ID-0180.1; -0205.1; -0213.1.) No 
comments were received that opposed this proposed revision. In the 
final rule the regulatory text in both paragraphs has been updated to 
clarify that the required information must come from the manufacturer 
or from a qualified person when that information is not available from 
a manufacturer.
    Paragraph (c)(2)(iv) states that the mast base must permit the mast 
to rotate freely with allowance for slight tilting of the mast caused 
by guy slack. No comments were received for this provision; it is 
promulgated as proposed.
    Paragraph (c)(2)(v) requires that the mast cap must: (A) permit the 
mast to rotate freely; (B) withstand tilting and cramping caused by the 
guy loads; (C) be secured to the mast to prevent disengagement during 
erection; and (D) be provided with means for attaching guy ropes. 
Paragraphs (c)(2)(iv) and (v) track similar provisions in secs. 6-
1.2.2(c) and (d) of ANSI B30.6-1969 and ASME B30.6-2003. No comments 
were received on (c)(2)(v); it is promulgated as proposed
    Additional installation requirements for guy derricks that are 
specific to the anchoring of its guys are addressed in Sec.  
1926.1436(d).
    In the proposed rule, Sec. Sec.  1926.1436(c) and 1926.1436(d) both 
contained requirements related to guy derricks. OSHA asked for public 
comment as to whether having specifications for guy derricks in both 
paragraphs (c) and (d) of this section could lead to confusion or 
impede compliance with its provisions. Several commenters believed that 
the two sets of proposed requirements for guy derricks should be 
combined. (ID-0180.1; -0205.1; -0213.1.) However, the commenters did 
not offer an explanation for how this would prevent confusion or 
enhance compliance. Upon consideration, OSHA disagrees with the 
commenters and therefore, requirements for guy derricks will be found 
in both paragraphs (c) and (d) of this section, just as in the proposed 
rule.
    Paragraph (c)(3), Stiffleg derricks, provides additional 
requirements specific to stiffleg derricks to help ensure their safe 
use. These requirements which have not been changed from the proposal 
are similar to those in secs. 6-1.2.2(c) and (d) of ANSI B30.6-1969 and 
ASME B30.6-2003.
    Paragraph (c)(3)(i) requires the mast to be supported in the 
vertical position by at least two stifflegs; one end of each must be 
connected to the top of the mast and the other end securely anchored.
    Paragraph (c)(3)(ii) specifies that stifflegs must be capable of 
withstanding the loads imposed at any point of operation within the 
rated load chart range.
    Paragraph (c)(3)(iii) specifies that the mast base must: (A) permit 
the mast to rotate freely (when necessary); and (B) permit deflection 
of the mast without binding.
    Paragraph (c)(3)(iv) states that the mast must be prevented from 
lifting out of its socket when the mast is in tension.
    Paragraph (c)(3)(v) requires the stiffleg connecting member at the 
top of the mast to: (A) permit the mast to rotate freely (when 
necessary); (B) withstand the loads imposed by the action of the 
stifflegs; and (C) be secured so as to oppose separating forces.
    OSHA requested public comment on whether the provisions in 
paragraphs (c)(3) and (d)(3), which both contained requirements for 
stiffleg derricks, needed to be changed or modified to avoid potential 
confusion. As discussed above, with respect to the requirements for guy 
derricks in both paragraphs (c) and (d), OSHA has decided to adhere to 
the proposal; requirements for stiffleg derricks will be found in both 
paragraphs (c) and (d) of this section.
    Paragraph (c)(4) of this section, Gin pole derricks, contains 
additional requirements specific to gin pole

[[Page 48061]]

derricks to help ensure their safe use. Similar requirements are found 
in sec. 6-1.2.4 of ASME B30.6-2003. No comments were received for 
paragraph (c)(4); it is promulgated as proposed.
    Under paragraph (c)(4)(i), guy lines must be sized and spaced so as 
to make the gin pole stable in both boomed and vertical positions. If 
the size and/or spacing of guy lines does not result in the gin pole 
being stable in both boomed and vertical positions, the employer must 
ensure that the derrick is not used in an unstable position.
    Paragraph (c)(4)(ii) requires that the base of the gin pole permit 
movement of the pole (when necessary).
    Under paragraph (c)(4)(iii), the gin pole must be anchored at the 
base against horizontal forces (when such forces are present).
    Paragraph (c)(5) of this section, Chicago boom derricks, states 
that the fittings for stepping the boom and for attaching the topping 
lift must be arranged to: (i) Permit the derrick to swing at all 
permitted operating radii and mounting heights between fittings; (ii) 
accommodate attachment to the upright member of the host structure; 
(iii) withstand the forces applied when configured and operated in 
accordance with the manufacturer's/builder's procedures and within its 
rated capacity; and (iv) prevent the boom or topping lift from lifting 
out under tensile forces. Similar requirements, which will help ensure 
that such derricks are used safely, are found in sec. 6-1.2.5 of ASME 
B30.6-2003. No comments were received for paragraph (c)(5); it is 
promulgated as proposed.
Paragraph (d) Anchoring and Guying
    Paragraph (d) of this section lists requirements for anchoring and 
guying derricks to the surfaces that support them.
    Paragraph (d)(1) requires the use of load anchoring data developed 
by the manufacturer or a qualified person. Subpart N, via sec. 6-1.4.3 
of ANSI B30.6-1969, required load anchoring data for non-permanent 
installations, which include most derricks used for construction work, 
to be determined by the user. The 2003 version of ASME B30.6 requires 
the data to be determined by a qualified person. C-DAC concluded that, 
to better ensure safety, a qualified person (as defined in Sec.  
1926.1401) is needed to develop such data. The final rule affords the 
employer the additional flexibility of relying on data provided by the 
derrick manufacturer rather than relying exclusively on a qualified 
person to develop such data.\137\ No comments were received for this 
provision; it is promulgated as proposed.
---------------------------------------------------------------------------

    \137\ C-DAC believed that derrick users should be able to rely 
on data developed by the manufacturer or a qualified person for any 
type of installation and therefore did not distinguish between fixed 
and temporary installations for this purpose.
---------------------------------------------------------------------------

    Paragraph (d)(2) of this section, Guy derricks, lists additional 
requirements, for anchoring and guying, that are specific to the use of 
guy derricks. These provisions are similar to sec. 6-1.4.1 of ANSI 
B30.6-1969 and ASME B30.6-2003. Under paragraph (d)(2)(i) the mast 
based must be anchored. Paragraph (d)(2)(ii) provides that the guys 
must be secured to the ground or another firm anchorage. And under 
paragraph (d)(2)(iii) the anchorage and guying must be designed to 
withstand maximum horizontal and vertical forces encountered when 
operating within rated capacity with the particular guy slope and 
spacing specified for the application. No comments were received for 
paragraph (d)(2); it is promulgated as proposed.
    Paragraph (d)(3) of this section, Stiffleg derricks, lists 
anchoring and guying requirements that are specific to the use of 
stiffleg derricks. This paragraph is similar to sec. 6-1.4.2 in ANSI 
B30.6-1969 and ASME B30.6-2003.
    Under paragraph (d)(3)(i) the mast base and stifflegs must be 
anchored. Additionally, (d)(3)(ii) provides that the mast base and 
stifflegs must be designed to withstand maximum horizontal and vertical 
forces encountered when operating within rated capacity with the 
particular stiffleg spacing and slope specified for the application. 
Paragraph (d)(3) had no comments and is promulgated as proposed.
Paragraph (e) Swingers and Hoists
    Paragraph (e) of this section lists requirements for swinger 
mechanisms and hoists that are used as part of a derrick. Paragraph 
(e)(1) requires that the boom, swinger mechanisms, and hoists be 
suitable for the derrick work intended and be anchored to prevent 
displacement from the imposed loads. This provision is similar to sec. 
6-1.5.1 of ANSI B30.6-1969 and sec. 6-1.5 of ASME B30.6-2003. No 
comments were received for paragraph (e)(1); it is promulgated as 
proposed.
    Paragraph (e)(2) of this section, Hoists, specifies the minimum 
requirements for hoists used for derricks. This paragraph of the 
proposed rule was originally titled and related to base-mounted drum 
hoists. However, a tank building institute whose members use derricks 
routinely commented that confusion will result in their industry from 
the use of the term ``Base-Mounted Drum Hoists,'' in this context. (ID-
0130.1.) Hoists used are not limited to the base-mounted type. The 
commenter requested that the regulatory text of Sec.  1926.1436(e)(2) 
be revised to replace the words ``base mounted drum hoists'' with the 
word ``hoist'' to eliminate ambiguity.
    OSHA determines that it is appropriate to revise Sec.  
1926.1436(e)(2) to replace the reference to ``base-mounted drum hoist'' 
with the term ``hoist.'' This revision recognizes that there may be 
designs of hoists, other than base-mounted drum, that are used with 
derricks.
    Additionally, the commenter suggested that Sec.  1926.553 be 
revised in conjunction with this final rule. (ID-0130.1.) See 
discussion in the preamble explanation of the amendment to subpart M.
    Paragraphs (e)(2)(i)(A) through (D) require base-mounted drum 
hoists to meet requirements in specified sections of ASME B30.7-2001. 
Paragraph (e)(2)(i) does not apply to other types of hoists. No 
comments were received on these provisions and the provisions are 
adopted as proposed.
    Paragraph (e)(2)(ii), Load tests for new hoists, outlines the 
requirements for load testing new hoists used with a derrick. The 
employer must ensure that new hoists are load tested to a minimum of 
110% of rated capacity, but not more than 125% of rated capacity, 
unless otherwise recommended by the manufacturer. This requirement is 
met where the manufacturer has conducted this testing. ASME B30.7-2001, 
in section 7-2.2.2(a), requires similar testing but requires the test 
to be conducted by the manufacturer. OSHA recognizes that the 
manufacturer will usually be the party who conducts the test and allows 
the manufacturer to do so, but paragraph (e)(2)(ii) permits the test to 
be conducted by any party as long as it is performed correctly. This 
paragraph received no comments and it is adopted as proposed.
    Paragraph (e)(2)(iii), Repaired or modified hoists, outlines the 
requirements for use of a hoist that has been repaired or modified. If 
a hoist has had repairs, modifications or additions that affect its 
capacity or safe operation it must be evaluated by a qualified person 
to determine if a load test is necessary If a load test is necessary, 
load testing must be conducted in accordance with paragraphs (e)(2)(ii) 
and (iv). This requirement parallels section 7-2.2.2(b)(1) of ASME 
B30.7-2001. OSHA received no comments on

[[Page 48062]]

this provision and it is adopted as proposed.
    Paragraph (e)(2)(iv), Load test procedure, outlines how tests 
required by paragraphs (e)(2)(ii) or (iii) must be conducted. Under 
paragraph (e)(2)(iv)(A) the test load must be hoisted a vertical 
distance to assure the load is supported by the hoist and held by the 
hoist brakes. Paragraph (e)(2)(iv)(B) requires the test load to be 
lowered, stopped and held with the brake(s). These provisions are 
comparable to section 7-2.2.2(b)(2) of ASME B30.7-2001.
    Paragraph (e)(2)(iv)(C) states that the hoist must not be used 
unless a competent person determines that the test has been passed. 
ASME B30.7-2001 does not specify who must determine if a hoist passes 
its load test. C-DAC concluded, however, that to ensure the load test 
is properly assessed, this determination needs to be made by a 
competent person. The requirement that a competent person determine 
whether the hoist has passed a load test is consistent with the 
requirement, discussed below under Sec.  1926.1436(g), that a competent 
person determine whether a derrick has passed a load test.
    A commenter recommended that Sec.  1926.1436(e)(2)(iv) be revised 
to add a paragraph requiring derrick users to simulate test/trial lifts 
in similar working cycle durations for actual field work cycles. (ID-
0120.1.) The commenter provided no explanation for this suggestion nor 
any information on how the practice would improve safety beyond the 
requirements proposed. OSHA defers to C-DAC's judgment that the load 
test procedures specified in paragraph (e)(2)(iv) of this section will 
provide the necessary level of safety to employees.
    For these reasons, OSHA did not modify the proposed text of Sec.  
1926.1436(e)(2)(iv) to add a paragraph (D). No other comments were 
received on paragraph (e)(2)(iv); it is promulgated as proposed.
Paragraph (f) Operational Aids
    Paragraph (f) of this section specifies the types of operational 
aids that must be used on derricks during construction activities.
    Paragraph (f)(1) is adopted as proposed and states that Sec.  
1926.1416 (Operational aids) applies, except for Sec. Sec.  
1926.1416(d)(1), (e)(1) and (e)(4). Under Sec.  1926.1436(f)(1), two 
operational aids--an anti two-block device and a hoist drum rotation 
indicator (if the drum is not visible from the operator's station)--are 
required on a derrick manufactured more than one year after the 
effective date of this subpart. See discussion of Sec.  1926.1416 for 
information about the safety functions served by these operational 
aids.
    Proposed paragraph (f)(2) of this section, Boom angle aid, provided 
that the employer had to ensure that either: (i) the boom hoist cable 
is marked with caution and stop marks, corresponding to maximum and 
minimum allowable boom angles, that are within view of the operator or 
a spotter who is in direct communication with the operator, or (ii) an 
electronic or other device that signals the operator in time to prevent 
the boom from moving past its maximum and minimum angles, or 
automatically prevents such movement, is used.
    C-DAC intended these precautions to be taken in lieu of requiring 
boom angle indicators and that they are unnecessary if the derrick has 
such a device. Therefore, OSHA requested public comment on whether 
proposed Sec.  1926.1436(f)(2) should be modified by adding the words, 
``If the derrick is not equipped with a functioning boom angle 
indicator.''
    Several commenters supported OSHA's recommended revision of Sec.  
1926.1436(f)(2) but noted that the language should be more explicit in 
stating that a boom angle indicator is not required. (ID-0180.1; -
0213.1; -0205.1.) They also asked OSHA to clarify that the options 
provided in paragraphs (e)(2)(i) and (ii) of this section are not 
required when boom angle indicators are used. To address these 
concerns, OSHA has modified the language of Sec.  1926.1436(f)(2) to 
clarify that while a boom angle indicator is not required, if the 
derrick has a boom angle indicator, the employer need not use the 
options provided in paragraphs (e)(2)(i) and (ii) unless the boom angle 
indicator is not functioning.
    Paragraph (f)(3) of this section, Load weight/capacity devices, 
requires that derricks manufactured more than November 8, 2011 with a 
maximum rated capacity over 6,000 pounds have at least one of the 
following: load weighing device, load moment indicator, rated capacity 
indicator, or rated capacity limiter. This paragraph adopts, for 
derricks, a requirement comparable to that required for cranes under 
Sec.  1926.1416(e)(4). Because this paragraph imposes a requirement not 
previously applied to derricks by an industry standard, OSHA concludes, 
as did C-DAC, that it is appropriate to allow one year after this 
standard becomes effective for new derricks to be equipped with such 
devices.
    Paragraph (f)(3) sets temporary alternative measures that must be 
used when the load weight/capacity device is not working properly. In 
that case the weight of the load must be determined from a source 
recognized by the industry (e.g., the load's manufacturer), or by a 
calculation method recognized by the industry (e.g., calculating a 
steel beam from measured dimensions and a known per foot weight). This 
information must be provided to the operator before the lift. These 
temporary alternatives are the same as those required by Sec.  
1926.1416(e)(5) for equipment generally and under Sec.  
1926.1435(e)(6)(vi) for tower cranes specifically. For purposes of 
clarification, the Agency has added a reference to Sec.  
1926.1436(f)(3)(i) noting that the requirements of Sec.  1926.1417(j) 
are applicable. (See further discussion at Sec.  1926.1417(j).)
    Under Sec. Sec.  1926.1416(e) and 1926.1435(e)(6), a load weight/
capacity device is a category II operational aid and, as such, it must 
be repaired within 30 days if it is not working properly.
    OSHA requested comment on whether to apply that same 30-day 
requirement, along with the exception for a situation in which a part 
is ordered within 7 days of the malfunction but is not received in time 
to complete the repair within 30 days.
    Several commenters supported a revision of paragraph (f)(3) of this 
section to include the recommended time limits. (ID-0205.1; -0213.1; -
0343.) OSHA concludes it is reasonable to make this revision for 
consistency with alternatives that are available to crane users during 
the repair of similar operational aids. Section 1926.1436(f)(3) has 
been revised to reflect this modification.
Paragraph (g) Post-Assembly Approval and Testing--New or Reinstalled 
Derricks
    Paragraph (g) of this section lists the minimum testing and 
approval requirements that an employer must meet to assure that its 
derrick will be structurally and functionally able to perform within 
the manufacturer's specifications and recommendations. C-DAC determined 
that by meeting these minimum requirements, the employer would provide 
its workers with a safe derrick that will not endanger the workers 
during hoisting operations.
    Paragraph (g)(1), Anchorages, lists minimum requirements for an 
anchor used to support a derrick. Section 1926.1436(g)(1)(i) requires 
that the anchorages, including the structure to which the derrick is 
attached (if applicable), be approved by a qualified person.
    A commenter recommended that Sec.  1926.1436(g)(1)(i) be revised to 
require design inspection by a registered

[[Page 48063]]

professional engineer instead of a qualified person as proposed. (ID-
0120.1.) However, the commenter submitted no explanation for the 
recommendation nor any information as to why the use of a registered 
professional engineer would result in a higher level of safety than the 
use of a qualified person. Since no information supporting this 
position was presented, OSHA finds no reason to modify the provision 
based on this comment; it is promulgated as proposed.
    Paragraph (g)(1)(ii) requires the qualified person to determine 
whether any special testing of the anchorage is needed when rock or 
hairpin anchorages are used. If so, it must be tested accordingly.
    The provisions of paragraph (g)(1) are similar to what was required 
by subpart N through its incorporation of section 6-2.2.1b in ANSI 
B30.6-1969 and also what is currently in section 6-2.2.1(b) in its 
newest revision, ASME B30.6-2003.\138\ These requirements will help the 
employer ensure that the derrick does not collapse due to insufficient 
anchoring and injure or kill workers who must use or be in the vicinity 
of the derrick. Paragraph (g)(1) is adopted without change from the 
proposal.
---------------------------------------------------------------------------

    \138\ The OSHA standard differs from ASME B30.6-2003 in the 
following respect: The ASME section states that rock or hairpin 
anchorages ``may require'' special testing. C-DAC believed that it 
is necessary to explicitly require that a qualified person determine 
whether such testing is needed.
---------------------------------------------------------------------------

    OSHA received no comments on paragraph (g)(2), Functional test, and 
it is adopted as proposed. The provision requires that, prior to 
initial use, new or reinstalled derricks must be tested by a competent 
person with no hook load to verify proper operation as outlined in 
paragraphs (g)(2)(i) through (v). The test must include (i) lifting and 
lowering the hook(s) through the full range of hook travel; (ii) 
raising and lowering the boom through the full range of boom travel; 
(iii) swinging in each direction through the full range of swing; (iv) 
actuating the anti two-block and boom hoist limit devices (if 
provided); and (v) actuating locking, limiting and indicating devices 
(if provided). These provisions are similar to section 6-2.2.1 of ASME 
B30.6-2003.
    OSHA received no comments on paragraph (g)(3), Load test, and it is 
adopted as proposed. The provision requires that, prior to initial use, 
new or reinstalled derricks must be load tested by a competent person. 
Subpart N required operational tests prior to initial use of all new 
and altered derricks through the incorporation of section 6-2.2.1 of 
ANSI B30.6-1969, but a load test was not explicitly required. C-DAC 
recommended that OSHA adopt the revised guidance provided in section 6-
2.2.2 of ASME B30.6-2003, which includes a requirement to load test all 
new and reinstalled derricks prior to initial use and specifies the 
elements such a test should include. OSHA determines, as did C-DAC, 
that compliance with the load test requirements listed in paragraph 
(g)(3) will help the employer identify defects in the derrick prior to 
its actual use. The requirements for the load test are outlined in 
paragraphs (g)(3)(i) through (g)(3)(iii).
    Under paragraph (g)(3)(i) test loads must be at least 100% and no 
more than 110% of the rated capacity, unless otherwise recommended by 
the manufacturer or qualified person, but in no event must the test 
load be less than the maximum anticipated load. Under paragraph 
(g)(3)(ii) the test must consist of (A) hoisting the test load a few 
inches and holding to verify that the load is supported by the derrick 
and held by the hoist brake(s); (B) swinging the derrick, if 
applicable, the full range of its swing, at the maximum allowable 
working radius for the test load; (C) booming the derrick up and down 
within the allowable working radius for the test load; and (D) 
lowering, stopping and holding the load with the brake(s). Paragraph 
(g)(3)(iii) provides that the derrick must not be used unless the 
competent person determines that the test has been passed.
    Paragraph (g)(4), Documentation, requires that tests conducted 
under this paragraph must be documented. The document must contain the 
date, test results, and the name of the tester. The document must be 
retained until the derrick is re-tested or dismantled, whichever occurs 
first. Because a load test meeting the criteria listed in the standard 
is so important to the safe use of the derrick, C-DAC determined that 
documentation of the test was needed to show that the test had been 
conducted properly. Section 6-2.2.2(a)(1) of ASME B30.6-2003 similarly 
requires that a written report of the load test be prepared and 
maintained. OSHA received no comments on this paragraph. OSHA is adding 
language to clarify that all inspection documentation must be available 
to inspectors in accordance with Sec.  1926.1412(k).
Paragraph (h) Load Testing Repaired or Modified Derricks
    Paragraph (h) of this section requires that derricks that have had 
repairs, modifications, or additions affecting the derrick's capacity 
or safe operation be evaluated by a qualified person to determine if a 
load test is necessary. If so, load testing must be conducted and 
documented in accordance with Sec.  1926.1436(g). Subpart N, through 
incorporation of section 6-2.3.3 of ANSI B30.6-1969, required all 
replaced and repaired parts to have at least the original safety 
factor. However, there was no explicit requirement to load test the 
derricks after parts were repaired or replaced. ASME B30.6-2003 does 
address load testing of repaired, altered or modified derricks in 
section 6-2.2.2(b), specifying that the need for such a test be 
determined by a qualified person. Paragraph (h) is consistent with the 
ASME requirement. Such testing will help the employer identify safety 
defects in a repaired or modified derrick prior to its actual use. No 
comments were received for (h); it is promulgated as proposed.
Paragraph (i) [Reserved.]
Paragraph (j) Power Failure Procedures
    Paragraph (j) of this section requires the derrick operator to 
safely stop operation if the power fails during operations and lists 
additional steps that must be taken. Section 1926.1436(j)(1) requires 
setting all brakes or locking devices. Section 1926.1436(j)(2) requires 
moving all clutch and other power controls to the off position. These 
steps will prevent inadvertent movement of the load during the power 
outage or upon restoration of power. These precautions are found in 
section 6-3.2.3(h) of ANSI B30.6-1969 and are reiterated in ASME B30.6-
2003. No comments were received for (j); it is promulgated as proposed.
Paragraph (k) Use of Winch Heads
    Paragraph (k) of this section specifies minimum requirements for 
the safe use of a winch during hoisting operations. Paragraph (k)(1) 
requires that ropes not be handled on a winch head without the 
knowledge of the operator. Section 1926.1436(k)(2) requires the 
operator to be within reach of the power unit control while a winch 
head is being used. These requirements are in sec. 6-3.3.5 of ANSI 
B30.6-1969 and are continued in sec. 6-3.3.6 of ASME B30.6-2003. No 
comments were received for (k); it is promulgated as proposed.
Paragraph (l) [Reserved.]
Paragraph (m) Securing the Boom
    Paragraph (m) of this section lists minimum requirements for 
ensuring the stability of a derrick's boom when at rest to prevent 
injuries and deaths that could occur if it inadvertently shifted or 
fell.

[[Page 48064]]

    Paragraph (m)(1) requires that when the boom is being held in a 
fixed position, dogs, pawls, or other positive holding mechanisms on 
the boom hoist be engaged. Section 1926.1436(m)(2) requires that when 
taken out of service for 30 days or more, the boom be secured by one of 
the following methods: (i) By laying down the boom; (ii) by securing 
the boom to a stationary member, as nearly under the head as possible, 
by attachment of a sling to the load block; (iii) for guy derricks, by 
lifting the boom to a vertical position and securing it to the mast; or 
(iv) for stiffleg derricks, by securing the boom against the stiffleg.
    The comparable ASME B30.6-2003 provision (sec. 6-3.3.7) would 
require the boom to be secured when the derrick is ``not in use.'' C-
DAC concluded the intent of the ANSI provision was to require the boom 
to be secured when the derrick was not in service but concluded that 
the ASME wording could be misconstrued to mean that the boom had to be 
secured whenever the derrick was not in the process of lifting a load. 
To avoid misunderstanding and establish an objective requirement for 
when the boom had to be secured, C-DAC proposed that the boom be 
secured whenever the derrick is taken out of service for 30 days or 
more. No comments were received for paragraph (m); it is promulgated as 
proposed.
Paragraph (n)
    ``Jumping the derrick'' is the practice of moving structural 
components of the derrick to different locations, such as to the upper 
floors as a building is constructed, and is essential to some 
construction activities. Section 1926.1436(n) requires that the process 
of jumping the derrick be supervised by the A/D (assembly/disassembly) 
director. As defined in Sec.  1926.1401, the A/D director must either 
be a person who meets the criteria for both a competent person and a 
qualified person, or a competent person who is assisted by one or more 
qualified persons.
    As discussed above, paragraph (g) of this section requires a 
derrick to be load tested to confirm that the derrick and its support 
can withstand rated loads. C-DAC discussed whether load testing should 
be required when a derrick is jumped, but ultimately concluded that a 
jumped derrick need not be load tested and determined that the A/D 
director could be relied upon to see that the jumped derrick is 
properly erected and anchored and complies with the applicable 
requirements of this standard. OSHA is satisfied with C-DAC's rationale 
and agrees that giving the A/D director the responsibility for 
supervising the jumping of a derrick will ensure that the jumped 
derrick is safe to use.
    Several labor representatives objected to the use of the word 
``supervisor'' in the term ``A/D supervisor'' used in proposed Sec.  
1926.1404(a). (ID-0182.1; -0199.1; -0172.1.) As explained in the 
discussion of assembly/disassembly, OSHA has decided to replace the 
term A/D supervisor with ``A/D director'' in Sec.  1926.1404(a). 
Accordingly, OSHA has revised this paragraph to replace the term A/D 
supervisor with the term A/D director.
    A commenter recommended that Sec.  1926.1436(n) be revised to add a 
requirement to include a ``site-specific jumping plan approved by a 
registered professional engineer.'' (ID-0120.1.) However, the commenter 
provided no explanation for this recommendation, nor did the commenter 
provide any information to establish how this would be an improvement 
over the rule's requirement to have the jumping process directed by an 
A/D director. Since no information supporting this revision was 
presented, OSHA finds no persuasive reason to modify the provision 
based on this comment; it is promulgated as proposed.
Paragraph (o)
    Paragraph (o) of this section requires that derrick operations be 
supervised by a competent person. No comments were received for this 
provision; it is promulgated as proposed. Subpart N incorporated sec. 
6.3.1.1 of ANSI B30.6-1969, which requires derrick operations to be 
directed by a designated individual. ASME B30.6-2003 contains a similar 
requirement, and both consensus standards specify the requirements and 
practices of that designated individual. OSHA concludes, as did C-DAC, 
that the definition of competent person meets the objectives of the 
ANSI/ASME designated individual requirements to competently perform the 
specific duties involved in supervising derrick operations. The 
experience and knowledge possessed by the competent person and his/her 
ability to recognize and correct potential hazardous conditions will 
help ensure the safety of derrick operations.
Paragraph (p) Inspections
    Under paragraph (p) of this section, the inspection requirements of 
Sec.  1926.1412 apply to derricks. In addition to the items that must 
be inspected under Sec.  1926.1412, this paragraph requires certain 
additional items to be inspected. These additional items, when combined 
with the items that must be inspected under Sec.  1926.1412, are 
consistent with ANSI B30.6-1969 and ASME B30.6-2003.
    Paragraph (p)(1), Daily, requires the inspection of guys for proper 
tension. Guy wires are critical elements of the support system for 
derricks.
    Paragraph (p)(2), Annual, contains two requirements. Paragraph 
(p)(2)(i) requires inspection of the gudgeon pin for cracks, wear, and 
distortion. Paragraph (p)(2)(ii) requires inspection of the foundation 
supports for continued ability to sustain the imposed loads. Since a 
derrick is more likely to remain stationary and supported by the same 
foundation throughout the duration of its use than the majority of the 
equipment covered by this standard, C-DAC determined it was necessary 
to require the foundation to be inspected annually in addition to the 
items specified in Sec.  1926.1412. No comments were received for this 
paragraph; it is promulgated as proposed.
Paragraph (q) Operator Qualification and Training
    Paragraph (q) of this section, Qualification and Training, requires 
that derrick operators be trained in the safe operation of the specific 
type of equipment that operator will be using. Section 1926.1427 does 
not apply.
    C-DAC discussed whether there should be a certification requirement 
for derrick operators, but decided against recommending such a 
provision. The Committee noted that there are no accredited testing 
criteria to use for testing derrick operators. Nor are there nationally 
recognized accredited testing facilities readily available. C-DAC 
questioned whether testing providers would find it cost-effective to 
establish accredited testing programs for derrick operators, noting 
that most training for derricks must be site specific because the types 
of derricks used, their support structures, and the hazards associated 
with specific projects vary from company to company. Moreover, the 
accident investigation data reviewed by C-DAC did not indicate that 
there was a need to require derrick operators to meet certification 
requirements similar to those proposed for crane operators.
    One commenter opposed excluding derrick operators from the 
certification requirements of Sec.  1926.1427 of this subpart because 
derrick operations require similar skills to make a safe pick as those 
required for cranes. (ID-0172.1.) Testimony from hearing participants 
confirmed that the industry was unable to accommodate a need for 
accredited testing facilities or applicable

[[Page 48065]]

testing criteria for derrick operators. (ID-0343.) A commenter asserted 
there were no organizations that provided accredited testing for 
derrick operators in the industry. (ID-0130.1.) Overall OSHA did not 
find sufficient evidence in the record to support a requirement for 
derrick operators to meet the certification requirements of Sec.  
1926.1427. More general discussion of this topic is provided in Sec.  
1926.1427.
    In reviewing the C-DAC language of Sec. Sec.  1926.1430 and 
1926.1436, OSHA realized that the Committee did not specify any 
training requirements for derrick operators, which OSHA concludes was 
an inadvertent omission.
    The Agency noted in the preamble to the proposed rule that it was 
planning to add a training requirement to Sec.  1926.1436 and requested 
public comment on the addition of such a provision.
    Commenters supported OSHA's recommended addition, so this section 
now includes a requirement that derrick operators be trained on the 
specific type of equipment being used. (ID-0130.1; -0205.1; -0213.1.) 
This provision has been modified from the proposed rule to specifically 
address the training that is required for derrick operators.
    A commenter asked that employers be allowed to train and qualify 
their operators and that the qualification be valid for a limit of five 
years. (ID-0130.1.) Since this final rule does not require 
qualification for derrick operators beyond that of the training 
requirement, OSHA disagrees with this proposition. For additional 
information on comments received about training to particular types of 
equipment, see the discussion at Sec.  1926.1427(j)(1)(i).
Section 1926.1437 Floating Cranes/Derricks and Land Cranes/Derricks on 
Barges
    Section 1926.1437 covers two types of equipment in a marine 
environment. The first type is referred to as ``floating cranes/
derricks,'' defined in Sec.  1926.1401, Definitions, as ``equipment 
designed by the manufacturer (or employer) for marine use by permanent 
attachment to a barge, pontoons, vessel, or other means of flotation.'' 
The second type, ``Land cranes/derrick'' is defined in Sec.  1926.1401 
as ``equipment not originally designed by the manufacturer for marine 
use by permanent attachment to barges, pontoons, vessels, or other 
means of flotation. Section 1926.1437(m) applies only to floating 
cranes/derricks, and Sec.  1926.1437(n) applies only to land cranes/
derricks used on barges, pontoons, vessels or other means of flotation.
Paragraph (a)
    Paragraph (a) of this section specifies that the requirements of 
Sec.  1926.1437 are supplemental requirements; therefore, all other 
requirements of this subpart apply unless specifically noted otherwise. 
Section 1926.1437(a) exempts equipment operating on jacked barges from 
the requirements of Sec.  1926.1437 when the jacks are deployed to the 
river, lake, or sea bed and the barge is fully supported by the jacks.
    A jacked barge deployed in this manner has four ``spuds'' on its 
corners that are grounded into the sea-bottom, providing a level and 
stable platform on which employees work. This configuration results in 
work conditions similar to a crane working on land, unlike the work 
conditions pertinent to equipment covered by this section. Therefore, 
equipment used on a jacked barge deployed in this manner is subject to 
all other applicable requirements of this proposed subpart but not to 
the requirements of this section.
    One commenter raised a question as to whether the exclusion of 
jacked barges would apply when the barge is supported by jacks anchored 
to the river, lake, or sea bed, but not fully supported ``in a more 
permanent condition.'' (ID-0172.1.) However, the commenter does not 
explain what is meant by ``a more permanent condition.'' The test for 
whether the jacks, on deployment in the river, lake, or sea bed, fully 
support the barge.
    OSHA received no substantive comments or information indicating 
that the exception for jacked barges is unsafe for employees. 
Therefore, OSHA is retaining the exception in the final rule because it 
determines that employees on jacked barges will be protected by the 
other provisions of this subpart. OSHA also is retaining the language 
explaining the application of the section because it provides useful 
explanatory information to the regulated community regarding compliance 
obligations.
Paragraph (b) General Requirements
    Paragraph (b) of this section specifies that paragraphs (c)-(k) of 
this section apply to both floating cranes/derricks and land cranes/
derricks. As noted above and discussed below, Sec.  1926.1437(m) 
applies only to floating cranes/derricks, and Sec.  1926.1437(n) 
applies only to land cranes/derricks mounted on vessels/flotation 
devices. OSHA received no comments on the proposed paragraph. OSHA is 
retaining the paragraph as proposed because it provides useful 
explanatory information to the regulated community regarding compliance 
obligations.
Paragraph (c) Work Area Control
    Paragraph (c) of this section provides that the requirements of 
Sec.  1926.1424, Work area control, apply to equipment covered by this 
section, except for the requirements of Sec.  1926.1424(a)(2)(ii). 
Paragraph (c)(2) of this section closely parallels Sec.  
1926.1424(a)(2)(ii) but omits the requirement that employers 
demonstrate infeasibility before using a combination of warning signs 
and high visibility markings in place of erecting and maintaining 
control lines, warning lines, railings, or similar boundaries of hazard 
areas. Because equipment covered by this section typically operates 
within a very limited physical work space, employers often need 
increased flexibility in determining which work area control method is 
most appropriate in light of special site-specific circumstances. To 
help ensure that employees are adequately protected if the employer 
uses high visibility markings to supplement warning signs, this 
paragraph requires the employer to train employees to understand the 
meaning of the markings.
    OSHA received no comments on this provision as proposed. Upon 
review of this provision, the Agency determined the two examples 
provided in the regulatory text were redundant. Therefore, except for 
the removal of one of the examples, OSHA is retaining the provision as 
proposed, because it will ensure maximum worker safety under the 
limited space available on many of these vessels.
Paragraph (d) Keeping Clear of the Load
    Paragraph (d) of this section states that the requirements of Sec.  
1926.1425, Keeping clear of the load, do not apply to the equipment 
covered by Sec.  1926.1437. Due to the limited space available for 
equipment on worksites covered by this section (i.e., the decks of 
barges and other vessels), the requirements of Sec.  1926.1425 are 
infeasible under these worksite conditions, in the experience of C-DAC. 
OSHA received no comments on this provision, and, therefore, is 
promulgating it in the final rule as proposed because it strikes a 
balance between the practicalities of the worksite and safety for 
employees. Other provisions within this section provide other means of 
protecting employees in the unique worksites covered by this section.

[[Page 48066]]

Paragraph (e) Additional Safety Devices
    Paragraph (e) of this section lists additional safety devices 
required for equipment covered by this section. Equipment covered by 
Sec.  1926.1437 is required to have the safety devices listed in Sec.  
1926.1415, Safety devices, unless otherwise noted in Sec.  1926.1415. 
The additional safety devices required by Sec.  1926.1437(e) address 
the special conditions of a marine worksite, especially with respect to 
vessel stability, inadvertent movement due to water conditions, and the 
greater effect of wind and other environmental conditions on equipment 
operating at these sites. However, note that Sec.  1926.1415 excepts 
floating cranes/derricks and land cranes/derricks on barges, pontoons, 
vessels, or other means of flotation from having crane level indicators 
and floating cranes from having foot pedal brake locks. (See the 
discussion above under Sec. Sec.  1926.1415(a)(1)(iii) and 
1926.1415(a)(4) for an explanation of these exceptions.)
    Paragraph (e)(1) requires equipment covered by this section to have 
a list and trim device. It is necessary to have this device since the 
degrees of list and trim are directly related to the stability of the 
vessel/flotation device and therefore to the stability of the equipment 
and its safe operation.
    Proposed paragraph (e)(2) required equipment covered in this 
section to have a horn. In the experience of C-DAC, the sounding of the 
equipment's horn is commonly understood in the marine industry as a way 
to warn employees about the presence of or movement of the equipment or 
its load. In the final rule, OSHA has added the requirement of a horn 
to the general list of safety devices required in Sec.  1926.1415. See 
Sec.  1926.1415(a)(7). As noted above, the requirements of Sec.  
1926.1415 apply to floating cranes/derricks, so restating the 
requirement in Sec.  1926.1437(e)(2) would be redundant. OSHA is 
therefore removing the horn requirement from this section and 
renumbering the remainder of Sec.  1926.1437(e).
    Paragraph (e)(2), as renumbered in the final rule, now requires 
that all equipment with a rotating superstructure have a positive crane 
house lock. This device is necessary for equipment covered within this 
section because it positively locks the rotating superstructure. The 
lock provides additional protection from the superstructure's 
accidental movement that can result due to the action of wind, waves, 
or current.
    Because the speed and direction of the wind can directly affect 
equipment operations, such as by diminishing equipment capacity and 
inducing unintended movement of the load, Sec.  1926.1437(e)(3) 
requires equipment covered by this section to have and use a wind speed 
and direction indicator when a competent person determines that wind is 
a factor that needs to be considered during operations.
    OSHA received no comments on proposed paragraphs (e)(1)-(e)(4), and 
is retaining all of these provisions in the final rule, except for the 
requirement of a horn and with renumbering, because they improve the 
safety of the vessels, and, therefore, the safety of the employee 
involved in crane/derrick operations onboard the vessel.
Paragraph (f) Operational Aids
    Paragraph (f) of this section modifies the application of some of 
the requirements in proposed Sec.  1926.1416, Operational aids, for 
equipment covered by this section. Apart from these differences, Sec.  
1926.1416 applies to equipment covered by this section.
    Paragraph (f)(1) requires that equipment covered by this section to 
be equipped with an anti-two-block device when hoisting personnel or 
when hoisting over an occupied cofferdam or shaft. As discussed at 
Sec.  1926.1416(d)(3), two-blocking can result in a sudden drop of the 
load on the line. Anti-two-block devices protect against this danger. 
However, anti-two-blocking devices have a high rate of failure in a 
marine environment due to wind and other environmental factors. Also, 
the equipment covered by this section is often performing live boom/
fast-moving functions, causing an anti-two-block device to consistently 
malfunction. Therefore, an anti-two-block device is only required when 
hoisting personnel or hoisting over an occupied cofferdam or shaft due 
to the additional risk to employees during these operations.
    Paragraph (f)(2) specifies that employers using equipment to 
perform dragline, clamshell (grapple), magnet, drop ball, container 
handling, concrete bucket, and pile driving work covered by this 
section, are exempt from the requirements of Sec.  1926.1416(e)(4), 
Load weighing and similar devices. These operations add heavy loads and 
repetitive motion to the marine characteristics described above. As a 
result, load weighing devices used during these operations consistently 
malfunction. Additionally, the listing and tilting that is typical in 
marine worksites often prevents these devices from providing accurate 
load readings.
    OSHA received no comments on these provisions as proposed. However, 
OSHA is retaining these provisions in the final rule because the 
provisions afford protection to workers involved in personnel lifting 
operations or exposed to a load failure while working in cofferdams or 
shafts. The provisions also prevent employers from relying on 
malfunctioning equipment to the detriment of employees using or exposed 
to the equipment.
Paragraph (g) Accessibility of Procedures Applicable to Equipment 
Operation
    Paragraph (g) of this section sets forth requirements regarding 
accessibility of equipment operation procedures. The provision requires 
equipment with a cab to comply with the requirements of Sec.  
1926.1417(c), Operation--accessibility of procedures. If the equipment 
does not have a cab then the requirements of this paragraph apply.
    The Agency determined that it is necessary to have the load chart 
located where the operator is stationed. Under Sec.  1926.1437(g)(1), 
if the operator's station is movable, such as with pendant-controlled 
equipment, the load chart must be posted on the equipment. Under Sec.  
1926.1437(g)(2), the remaining procedures (other than load charts) must 
be readily available on board the vessel/flotation device. Where there 
is no cab for the equipment, it is impractical to require these other 
procedures to be next to the operator; however, it is still necessary 
for the operator to have easy access to these procedures for reference 
during operations.
    While OSHA received no comments on the proposed provisions, it is 
retaining the provisions in the final rule because, as explained 
elsewhere in this preamble, having this procedural information as 
readily available as possible is critical to operating cranes/derricks 
safely, thereby ensuring the protection of the workers involved in the 
crane/derrick operations.
Paragraph (h) Inspections
    Paragraph (h) of this section sets forth additional inspection 
requirements applicable to equipment covered by this section. The 
introductory sentence to this paragraph states that Sec.  1926.1412, 
Inspections, applies to the inspection of the crane/derrick, and that 
the additional inspection requirements in this paragraph apply to the 
vessel/flotation device that supports the crane/derrick.
    In the proposed rule, the Agency modified the language of the C-DAC 
consensus document for this introductory sentence by including

[[Page 48067]]

coverage for floating cranes/derricks and requested comment on this 
modification. Two commenters responded and both agreed with the 
modified language as used in the proposed rule. (ID-0205.1; -0213.1.) 
OSHA is retaining this language in the final rule because the increased 
coverage enhances employee protection, and the introductory language 
provides useful explanatory information to the regulated community 
regarding compliance obligations.
    With respect to the requirements of Sec.  1926.1437(h)(2)(ii), a 
commenter expressed concern that the Agency expected an employer to 
physically open the hatch on a barge to inspect for ``taking on 
water.'' (ID-0345.26.) The commenter further explained that hatch 
covers are usually sealed, and generally are removed only if there is 
suspected damage to the hull. (ID-0345.26.) Another commenter confirmed 
that most non-freshwater vessels have permanently sealed hatches. (ID-
0344.1.)
    Under this provision, as proposed, a competent person must inspect 
the vessel for ``taking on water'' and does not specify any particular 
method for making this determination. As one commenter suggested, 
measuring freeboards is a way to determine if a vessel is listing more 
than a couple of degrees and, therefore, possibly taking on water. (ID-
0344.1.) The requirement here is for the competent person to use an 
effective means of determining if the vessel is taking on water, which 
can vary depending on the type of vessel.
    With respect to Sec.  1926.1437(h)(2)(iv), a commenter was 
concerned that the requirement to check the ``fuel compartments * * * 
for serviceability as a water-tight appliance'' included an expectation 
that the hatch cover would be removed to inspect the fuel compartment. 
(ID-0345.26.) The commenter further stated the usual means of checking 
for water in a fuel tank is by using a plumb bob and clear coat that 
changes color if water is present. The proposed provision requires a 
competent person to inspect the fuel compartments, among other areas, 
for ``serviceability as a water-tight appliance.'' The provision does 
not specify any particular method for making this determination, 
provided the competent person uses an effective method for doing so.
    Based on the need to ensure the integrity of the vessel/flotation 
device for employee safety, and the availability of nonintrusive means 
of determining this integrity, OSHA is retaining Sec. Sec.  
1926.1437(h)(2)(ii) and 1926.1437(h)(2)(iv) in the final rule. OSHA 
received no comments on the remaining provisions proposed for 
paragraphs (h)(2) and (h)(3) and OSHA is retaining these provisions to 
ensure that vessels/flotation devices used for crane/derrick operations 
remain safe for employees, and that the employer corrects deficiencies 
in the vessels/flotation devices that are hazardous to employees.
    Under Sec.  1926.1437(h), inspections are required at four distinct 
times: Each shift, each month, annually, and every four years. As 
specified in paragraph (h)(3), a competent person must conduct the 
shift and monthly inspections. If the competent person identifies a 
deficiency, an immediate determination by a qualified person is then 
required to ascertain if the deficiency constitutes a hazard. If the 
deficiency constitutes a hazard, the vessel must be removed from 
service until the deficiency is corrected.
    These requirements differ from the shift and monthly general 
inspection requirements of Sec.  1926.1412, in which the competent 
person who identifies a deficiency then determines whether the 
deficiency is a safety hazard requiring immediate correction. The 
reason for this difference is that the equipment covered under this 
section is highly specialized and therefore requires a high level of 
knowledge.
    With respect to the annual inspections, Sec.  1926.1437(h)(4) 
requires the equipment and vessel/flotation device to be inspected by a 
qualified person with expertise with respect to vessels/flotation 
devices. The Agency concludes it is important to state explicitly that 
the qualified person conducting these inspections must have the 
necessary expertise for the items listed for the annual inspection with 
respect to barges, pontoons, vessels or other means of flotation. 
Accordingly, OSHA is retaining the provision in the final rule.
    The qualified person required for the shift and monthly inspections 
must have expertise with respect to the work conditions, the crane/
derrick, and the vessel/flotation device. However, the annual 
inspection is more extensive than the shift or monthly inspections. The 
qualified person for the annual inspection must have a greater level of 
expertise than the qualified person required for determining whether 
deficiencies identified in shift and monthly inspections constitute 
hazards. The qualified person for the annual inspection must have 
expertise in all the areas covered by the annual inspection, in 
addition to general expertise regarding the equipment and vessel/
flotation device. This expertise will ensure that the operational 
conditions are safe for employees, and, therefore, OSHA is retaining 
these requirements in the final rule.
    Section 1926.1437(h)(4)(i)(C) requires an inspection of various 
component parts of the vessel to determine if there is significant 
corrosion, wear, deterioration or deformation. The use of the word 
significant is to indicate that the functionality of these components 
is not impaired in any way due to exposure to the elements or use. The 
Committee determined, and OSHA agrees, that these components are 
essential to safe operation of the vessel and therefore critical to 
employee safety.
    A commenter indicated that the requirement to check for ``external 
evidence of leaks and structural damage'' in Sec.  
1926.1437(h)(4)(i)(C) should not apply below the waterline of the hull. 
(ID-0345.26.) That commenter suggested that applying the requirement 
below the waterline would be unduly burdensome because it would require 
dry-docking the vessel. Another commenter, indicated that dry-docking a 
vessel is expensive--between $20,000 and $60,000 per dry-docking, 
depending on the type of vessel. (ID-0344.1.) This cost estimate was 
supported by another commenter, who noted the average cost for its 
fleet was $50,000 to dry-dock a vessel. (ID-0383.1.) A commenter 
indicated that industry practice is to conduct the routine annual 
inspection from the waterline up, and that inspecting below the 
waterline would not enhance safety. (ID-0344.1.)
    The Agency agrees that it is not necessary to require dry-docking 
on an annual basis. Instead, OSHA modified the language used in the 
proposed rule to allow employers to check for leaks and damage below 
the waterline inside the vessel/flotation device, by, for example, 
opening hatches and access/inspection ports, but not by opening sealed 
compartments or cutting openings.
    Paragraph (h)(4)(iii)(A) requires the removal from service of any 
vessel/flotation device when a qualified person determines a deficiency 
in the equipment constitutes a immediate hazard. As with other removal 
from service requirements, OSHA is including a cross-reference to the 
tag-out requirement in Sec.  1926.1417(f), which is triggered when 
equipment is removed from service.
    Paragraph (h)(5) requires an inspection every four years of the 
internal portion of the barge, pontoons, vessel, or other means of 
flotation by a marine engineer, marine architect, licensed surveyor, or 
other qualified

[[Page 48068]]

person who has expertise with respect to vessels/flotation devices. A 
higher level of expertise is necessary for performing the four-year 
inspection than the annual inspection. By listing ``other qualified 
person'' together with ``marine engineer,'' ``marine architect,'' and 
``licensed surveyor,'' the Agency clarifies that the expertise of the 
``other qualified person'' must be equivalent to that of a marine 
engineer, marine architect, or licensed surveyor. In this regard, the 
proposal did not list inspection items for the four-year inspection. 
Instead, OSHA determines (based on C-DAC's recommendation) that a 
better approach is to rely on the expert knowledge of the marine 
engineer, marine architect, licensed surveyor, or other qualified 
person who has expertise with respect to vessels/flotation devices.
    OSHA received two comments regarding the use of the term 
``quadrennial'' in the proposed rule. (ID-0343; -0344.1.) Both 
recommended using the term ``four-year'' because it is consistent with 
current terminology used by the marine industry. In light of this 
information OSHA revised the term ``quadrennial'' to ``four-year'' in 
the final rule in paragraphs (h)(5) and (h)(6) of Sec.  1926.1437.
    Paragraph (h)(6) sets forth the documentation requirements for the 
monthly, annual, and four-year inspections, which follow those in Sec.  
1926.1412, Inspections, at Sec. Sec.  1926.1412(e)(3) and 
1926.1412(f)(7). However, with respect to four-year inspections the 
written documentation of the inspection must be maintained for four 
years. This provision enables the employer to track changes in the 
condition of the vessel from the previous inspection, thereby 
correcting hazards in a timely manner. Therefore, OSHA is retaining 
this provision in the final rule. The Agency is adding language to 
paragraph (h)(6) to clarify that all of the inspection documentation 
(including the four year inspection documentation) must be made 
available, for the duration of the document retention period, to 
persons performing inspections, in accordance with Sec.  1926.1412(k).
Paragraph (i) [Reserved.]
Paragraph (j) Working With a Diver
    Paragraph (j) of this section sets forth supplemental requirements 
designed to ensure that a diver is hoisted safely from the vessel and 
back onto the vessel when equipment covered by this section is used for 
this purpose. Extra precautions and measures are needed when engaged in 
this activity due to the drowning, struck-by, crushed-by, and other 
hazards involved.
    Marine environments and the condition of a diver can change quickly 
and unexpectedly; the crane/derrick operator must be constantly aware 
of the diving operation and in position to take immediate action when 
necessary. Therefore, under proposed Sec.  1926.1437(j)(1), when one or 
more divers are being hoisted into and out of the water, the employer 
is prohibited from using the equipment for any other purpose until all 
divers have returned back on board. This requirement ensures the 
operator's attention is not diverted from the welfare of the divers. 
Paragraph (j)(2) of this section requires the equipment operator to 
remain at the equipment controls during the entire diving operation. 
This provision ensures that the operator is able to respond when 
necessary.
    Paragraph (j)(3) requires that, in addition to the signal 
requirements in Sec. Sec.  1926.1419-1926.1422, the diver tender must 
be in direct communication with the equipment operator. This 
communication must be done either through maintaining a clear line of 
sight between the operator and tender or by electronic transmission 
between the operator and tender. The tender is the individual 
responsible for monitoring and communicating with the diver. In this 
section, the diver tender is required to maintain effective 
communication with the equipment operator when the equipment is used to 
get the diver in and out of the water. The tender is the member of the 
dive team who closely monitors the diver's condition during the dive 
and checks the equipment prior to the dive. Therefore, the tender is 
able to let the operator know when a diver needs to be lifted out of 
the water or when other action by the equipment operator is needed.
    Paragraph (j)(4) specifies that when using a crane/derrick to hoist 
a diver, the crane/derrick must be secured in such a way that there is 
no amount of shifting in any direction. A small shift of a crane/
derrick on a barge can result in movement that can injure the diver.
    OSHA notes that Sec.  1926.1431, Hoisting personnel, applies when a 
crane/derrick is used to hoist personnel. In most instances when 
personnel are hoisted, they must be located in a personnel platform 
that meets criteria specified in Sec.  1926.1431. However, Sec.  
1926.1431(b)(2) contains exceptions to the use a personnel platform and 
one such exception, specified by Sec.  1926.1431(b)(2)(iii), applies 
when an employer transfers an employee to or from a marine worksite in 
a marine-hoisted personnel-transfer device. Under the definition in 
Sec.  1926.1401, ``marine worksite'' includes a worksite in the water; 
therefore, the exception specified by Sec.  1926.1431(b)(2)(iii) to the 
requirement to use a personnel platform applies when a diver is hoisted 
into or out of the water in a marine-hoisted personnel-transfer device.
    OSHA received no comments on any of the provisions in proposed 
paragraph (j). Accordingly, OSHA is retaining these provisions in the 
final rule because, in the Committee's view, use of a personnel 
platform could be infeasible or more hazardous to employees than an 
alternative means of hoisting personnel such as marine-hoisted 
personnel-transfer devices (see the discussion above in this preamble 
for Sec.  1926.1431(b)(2)(iii)).
Paragraph (k)
    Paragraph (k) of this section requires the employer to adhere to 
the specifications and limitations established by the manufacturer of 
the barge, pontoon, vessel, or other means of flotation with respect to 
imposed environmental, operational, and in-transit loads. The purpose 
of this provision is to ensure that the equipment can operate safely 
under the forces imposed on it. In its deliberations, the Committee 
noted that the manufacturer is in the best position to determine the 
maximum external loads the vessel/flotation device can withstand while 
maintaining necessary stability and buoyancy, and that requiring 
employers to adhere to the manufacturer's specifications and 
limitations would provide employees with the requisite level of 
protection.
    The language of the proposed rule varied from the text in the C-DAC 
consensus document. OSHA made this revision to clarify that it was an 
employer's responsibility to follow the manufacturer's specifications 
and limitations. OSHA requested public comment on this revision. OSHA 
received two comments in response to this request. (ID-0205.1; -
0213.1.) Both commenters stated the C-DAC language showed the 
Committee's ``original intent of this paragraph was a design 
specification,'' and further stated that the revision as proposed by 
OSHA did not consider the Committee's language was addressing design 
specifications.
    On reviewing these comments, the C-DAC consensus document, and 
OSHA's proposed text, OSHA determines that paragraph (k) needs to 
address both the commenters' position that there is a need for a design 
specification, and OSHA's position in the proposed rule that employers 
must comply to the manufacturer's

[[Page 48069]]

specifications and limitations. OSHA revised proposed paragraph (k) 
accordingly.
    In addition, another commenter raised the issue that, for many 
vessels covered by this section, the manufacturer no longer exists, or 
that the vessel has been modified and an expert has established the 
appropriate specifications and limitations for the vessel. (ID-
0345.26.) One commenter noted the company's fleet had vessels that were 
60 years old and the manufacturers of some of these vessels were no 
longer in business. (ID-0344.1.) OSHA finds these comments persuasive, 
and is adding a provision to paragraph (k) to require the employer to 
follow specifications and limitations established by a qualified person 
in such instances.
Paragraph (l) [Reserved.]
Paragraph (m) Floating Cranes/Derricks
    Paragraph (m) of this section sets forth requirements with respect 
to load charts, rated capacity, allowable list, allowable trim, wind 
speed and related measures for floating cranes/derricks. The 
requirements in Sec. Sec.  1926.1437(m)(1) through (5) address the 
various hazards that contribute to instability of the vessel/flotation 
device and the effect of marine conditions that can lead to boom/
equipment failure.
    As defined in Sec.  1926.1401, a floating crane/derrick includes 
equipment built either by a manufacturer or by the employer using the 
equipment. Both types must meet the criteria in Sec. Sec.  
1926.1437(m)(1) through (m)(3). These provisions are designed to 
prevent the crane/derrick portion of the equipment from failure due to 
overloading, thereby, preventing the vessel/flotation device from 
capsizing.
    Paragraph (m)(1) requires that load charts applicable to operations 
on water not be exceeded. Paragraph (m)(2) establishes criteria (in 
Table M1) for maximum allowable list and trim relative to the rated 
capacity of the equipment. Section 1926.1437(m)(3) provides two charts 
that set the stability criteria for specific conditions. The first of 
these charts (Table M2) contains the minimum requirements to maintain 
stability with respect to wind speed and freeboard distance of the 
vessel/flotation device. The second chart (Table M3) addresses the 
backward stability of the boom.
    The Agency requested public comment on a definition of freeboard as 
it is used in Table M2. In response, a commenter offered this 
definition: ``Freeboard is the vertical distance between the water line 
and the main deck of the vessel.'' (ID-0383.1.) This definition is 
consistent with OSHA's review of the definition of freeboard; 
therefore, OSHA is adding this definition to the regulatory text of 
Sec.  1926.1437(m)(2) in the final rule and is including it in Sec.  
1926.1401, Definitions.
    Under paragraph (m)(4), employer-made equipment must meet the same 
criteria specified by Sec. Sec.  1926.1437(m)(1)-(m)(3) for 
manufacturer-made equipment. In addition, an employer using equipment 
it builds is required to have documents demonstrating that these 
criteria have been met. Such documents must be signed by a registered 
professional engineer who is a qualified person with respect to the 
design of the type of equipment involved.
    Manufacturers have sufficient expertise with respect to the 
development of load charts, rated capacities, and related operational 
limitations, so there is no need for a documentation requirement for 
manufacturer-built floating cranes/derricks. However, given the variety 
of employer-made equipment, the Agency included this documentation 
requirement to ensure that employer-made equipment has the same level 
of safety as manufactured equipment.
    Paragraph (m)(5) addresses structural and access requirements for 
the barge, pontoon, vessel, or other means of flotation. These 
requirements are related to the stability of the vessel, including 
minimizing movement while operating equipment, thereby increasing 
employee safety by reducing the likelihood of capsizing.
    Paragraph (m)(5)(i) requires the vessel to be structurally 
sufficient to withstand the stress of both static and dynamic loads of 
the crane/derrick when operating at the crane/derrick's maximum rated 
capacity with all planned deck loads and ballasted compartments. This 
provision is necessary to minimize the likelihood of the vessel's 
structure failing, which would expose employees to a drowning hazard, 
or endanger them because of inadvertent movement during equipment 
operations.
    Paragraph (m)(5)(ii) requires a subdivided hull with at least one 
longitudinal watertight bulkhead to reduce the free surface effect on 
the vessel. Subdividing the hull limits the effects of liquid movement 
on vessel stability, thereby, reducing the risk of the vessel 
capsizing.
    Paragraph (m)(5)(iii) requires void compartments to be accessible 
for inspection and pumping. This requirement ensures that the employer 
evaluates the amount of water in the compartments to determine the 
potential free surface effect on vessel stability, and then to initiate 
pumping when necessary to avoid capsizing.
    OSHA received no comments were received on paragraphs (m)(3) 
through (m)(5). OSHA is retaining these provisions in the final rule to 
ensure the stability of vessels/flotation devices during crane/derrick 
operations, thereby preventing employee exposure to drowning, impact, 
and other hazards associated with crane/derrick operations onboard 
vessels/flotation devices.
Paragraph (n) Land Cranes/Derricks
    Paragraph (n) of this section sets forth the requirements for land 
cranes/derricks when used on a barge, pontoons, vessel or other means 
of flotation. As noted above, land cranes/derricks are not originally 
designed for marine use but are covered by this section when they are 
mounted on a vessel/flotation device and used on water. The Agency 
determined that special requirements are needed to address the 
distinctive safety issues presented when using such equipment.
    The stability of the vessel/flotation device is affected by the use 
of a land crane/derrick on board. Implementing a system that keeps the 
equipment properly located on the vessel is essential for maintaining 
stability. In addition, land cranes/derricks have less capacity when on 
a vessel/flotation device than when on land, due to the fact that the 
crane/derrick is not originally designed for the special conditions on 
a vessel/flotation device. Consequently, the employer must adjust the 
rated capacity of the crane/derrick when used on the vessel/flotation 
device. If not properly determined, the land crane/derrick may be 
overloaded, which can cause loss of stability (including tip-over) and 
boom/equipment failure, thereby endangering employees.
    Paragraph (n)(1) sets forth the requirements for determining the 
rated capacity for land cranes/derricks used on a vessel/flotation 
device. Load charts for this equipment developed for use on land do not 
address the use of the equipment on a flotation device or the 
environmental conditions of a marine worksite. Therefore, under Sec.  
1926.1437(n)(1)(i), the rated capacity (as depicted in the load charts) 
must be reduced for list, trim, wave action, and wind.
    In establishing the rated capacity for use on the vessel/flotation 
device, the capacity of the vessel/flotation device also must be 
considered. Since some locations on the vessel/flotation device will 
have less ability to support the

[[Page 48070]]

crane/derrick than others, under Sec.  1926.1437(n)(1)(ii), the rated 
capacity must be applicable to a specified location(s) on the vessel/
flotation device. This assessment must be made considering the expected 
and encountered environmental conditions.
    Paragraph (n)(2) specifies that the modification to rated capacity 
required by Sec.  1926.1437(n)(1) of this section must be performed 
either by the manufacturer of the equipment or by a qualified person 
with expertise in both land crane/derrick capacity and the stability of 
vessels/flotation devices. Performance by a qualified person will 
achieve equivalent operational safety conditions as for the modified 
floating cranes/derricks. In the proposed rule, OSHA (at the request of 
the SBREFA Panel) requested public comment as to whether qualified 
persons are available in the industry with expertise in both land 
crane/derrick capacity and the stability of vessels/flotation devices 
with respect to equipment performing duty-cycle work (73 FR 59864, Oct. 
9, 2008). Two commenters responded to this inquiry by stating that 
qualified persons are available in the industry with expertise in both 
land crane/derrick capacity and stability of vessels with respect to 
equipment performing duty-cycle work. (ID-0205.1; -0213.1.)
    OSHA also requested comment from the public on whether the 
requirements of (n)(2) are necessary for the safety of employees when 
equipment is engaged in duty cycle work. Two commenters found that 
these requirements are necessary for safety when equipment is engaged 
in duty cycle work. (ID-0205.1; -0213.1.) Another commenter supported 
this position by noting instances when the input of a qualified person 
is needed since the list and trim of the vessel can affect the rated 
capacity of the equipment. (ID-0345.26.) Based on these comments, and 
the employee protection afforded by the requirements of paragraph 
(n)(2), OSHA is including these requirements in the final rule as 
proposed.
    Paragraph (n)(3) sets parameters for the maximum allowable list and 
trim for the vessel/flotation device and the land crane/derrick to 
ensure vessel and crane/derrick stability and to prevent the crane/
derrick from exceeding its rated capacity. Under paragraph (n)(4), when 
a land crane/derrick is used on a flotation device, all deck surfaces 
must be above water and the entire bottom area must be submerged. This 
provision is necessary to ensure a stable platform when operating the 
land crane/derrick, to protect against loads that would cause the 
system used to secure the land crane/derrick (see Sec.  
1926.1437(n)(5)) to fail, and to protect against overloading the 
vessel/flotation device land/crane derrick.
    Even though OSHA received no comments on these two paragraphs, it 
is retaining the paragraphs in the final rule because maintaining 
proper list and trim, as well as buoyancy, is critical to the stability 
of the vessel/flotation device, which will prevent the vessel/flotation 
device from capsizing and endangering employees.
    Paragraph (n)(5) sets forth four options for securing \139\ the 
land crane/derrick on the vessel/flotation device. Providing several 
options to employers addresses the various of work scenarios found in 
the industry. Each option is effective in preventing the land crane/
derrick from rolling, sliding, or in any way shifting away from its 
proper location. These horizontal movements can cause the vessel/
flotation device to become unstable, or the land crane/derrick to slide 
or fall into the water. Additionally, OSHA determines that an exception 
is appropriate for use of mobile auxiliary cranes on a vessel. The 
requirements for this type of equipment are specified by Sec.  
1926.1437(n)(5)(vi).
---------------------------------------------------------------------------

    \139\ In this preamble the Agency uses the term ``securing'' and 
``secured'' to refer collectively to the systems described in 
Options (1)-(4) in Sec. Sec.  1926.1437(n)(5)(i) through (iv). The 
Agency notes that this definition differs from the term ``positively 
secured'' in subpart N in former Sec.  1926.550(f)(1)(iv), which 
required that ``mobile cranes on barges shall be positively 
secured.'' As OSHA stated in a letter of interpretation, the term 
``positively secured'' in the subpart N means ``physically 
attached''--similar to the type of system described in Option (1) of 
paragraph (n)(5)(i). (See OSHA's interpretation letter to Mr. Gary 
C. Hay, October 12, 2004 (ID-0014).)
---------------------------------------------------------------------------

    Paragraphs (n)(5)(i) through (iv) provide the four options for 
securing the land crane/derrick to the vessel/flotation device. The 
options for preventing equipment shifting include direct physical 
attachment, corralling, a rail system or a centerline cable system. 
These options serve to prevent inadvertent movement of the equipment 
away from its proper location on the vessel/flotation device, which can 
harm employees working nearby, or such movement can endanger employees 
by capsizing the vessel. However, it is not the purpose of these 
options to prevent any portion of the land crane/derrick from pulling 
vertically up from the deck when handling loads beyond the land crane/
derrick's rated capacity. Rather, these options will prevent horizontal 
rolling or shifting away from the land crane/derrick's proper location.
    Paragraph (n)(5)(v) requires that the option selected for securing 
the equipment on the vessel be designed by a marine engineer, a 
registered professional engineer familiar with floating crane/derrick 
design, or a qualified person familiar with floating crane/derrick 
design. The Agency determined that expertise in floating crane/derrick 
design is necessary to design a securing system that meets the selected 
option's requirements and to prevent inadvertent movement of the 
equipment on the vessel/flotation device.
    OSHA received no comments on any of the requirements in proposed 
paragraph (n)(5). Consequently, OSHA is retaining this paragraph in the 
final rule because properly securing land crane/derrick on the vessel/
flotation device will maintain the stability of the vessel/flotation 
device, thereby preventing the vessel/flotation device from capsizing 
and endangering employees.
    Paragraph (n)(6) \140\ provides an exception stating that an 
employer does not have to secure mobile auxiliary cranes as required by 
paragraph (n)(5) when the employer demonstrates that specific 
conditions have been met. Typically, the movement of the mobile crane 
on these vessels does not adversely affect the stability of the 
floating crane/derrick because of the large size, displacement and 
design of the floating crane/derrick. The size and design of the 
floating crane/derrick also makes it less susceptible than other 
vessels to the effects of wind, waves, and other environmental 
conditions. OSHA finds that when the employer demonstrates meeting the 
criteria specified by Sec. Sec.  1926.1437(n)(6)(v) and (vi), employees 
will receive adequate protection from inadvertent horizontal movement 
of a mobile crane located on the deck of a floating crane/derrick.
---------------------------------------------------------------------------

    \140\ Formerly paragraph (n)(5)(vi) in the proposed rule.
---------------------------------------------------------------------------

    Under paragraph (n)(6)(i), a written plan that is developed and 
signed by a marine engineer, or a registered professional engineer 
familiar with floating crane/derrick design, is required. OSHA finds 
that developing a written plan for the use of these cranes requires 
specialized knowledge and skill because of the catastrophic 
consequences to employees that could result if the task is not 
performed correctly.
    Paragraph (n)(6)(ii), requires that the written plan be developed 
so that the applicable requirements of Sec.  1926.1437 are met despite 
the position, travel, operation, and lack of physical attachment, 
corralling, use of rails, or use of cable system of the mobile 
auxiliary crane. For example, a section of the plan could address a 
vessel's

[[Page 48071]]

stability while it is operating within specified dynamic and 
environmental conditions (see Sec. Sec.  1926.1437(n)(6)(v) and (vi)), 
i.e., that the movement of the vessel under these conditions does not 
cause the mobile crane to shift horizontally, or that the maximum list 
and trim specified for vessel and mobile crane are not exceeded.
    Under paragraph (n)(6)(iii), the plan must specify the areas of the 
deck where the mobile auxiliary crane is permitted to be positioned, 
travel, and operate. It must also specify the parameters (that is, 
limitations) of such movements and operation. For example, a section of 
the plan could limit movement of the mobile crane to a specified area 
without a load, and to another specified area while handling a load.
    Under paragraph (n)(6)(iv), the employer must mark the deck to 
identify the permitted areas for positioning, traveling, and operating 
the mobile crane. This provision is necessary so that the operator 
maneuvers and operates the crane within the permitted areas specified 
by the plan, thereby ensuring the stability of the vessel/flotation 
device and the safety of employees.
    Under paragraph (n)(6)(v), the plan must specify the dynamic and 
environmental conditions that have to be present for the mobile 
auxiliary crane to move and operate on the vessel. Under Sec.  
1926.1437(n)(6)(v), if the specific dynamic and environmental 
conditions are not present, the mobile auxiliary crane must be secured 
according to one of the four options outlined in Sec. Sec.  
1926.1437(n)(5)(i) through (iv). For example, the plan must address 
environmental conditions, such as the maximum amount of wind and wave 
action permitted; if these conditions are exceeded, the mobile crane 
must be secured using one of the four options specified by Sec.  
1926.1437(n)(5). While OSHA received no comments on the requirements of 
this paragraph in the proposal, it is retaining this paragraph in the 
final standard as proposed because a properly prepared plan will ensure 
the structural integrity and stability of the vessel/flotation device, 
thereby protecting employees from drowning, impact, and other hazards.
    Paragraph (n)(7) \141\ contains requirements regarding the barge, 
pontoon, vessel or other means of flotation on which the land crane/
derrick is located. The requirements Sec.  1926.1437(n)(7) are 
identical to those listed at paragraph (m)(5) of this section. These 
requirements ensure the structural capacity of the vessel/flotation 
device to support the land crane/derrick and the loads handled by this 
equipment, as well as the stability of the vessel/flotation device. 
These provisions are designed to help prevent unintended movement while 
operating equipment and to prevent capsizing. OSHA finds these 
requirements necessary to provide a safe, stable work environment. OSHA 
received no comments on this paragraph in the proposed rule. However, 
as with paragraph (m)(5), OSHA is retaining this paragraph in the final 
rule to ensure the stability of vessels/flotation devices during crane/
derrick operations, thereby preventing employee exposure to drowning, 
impact, and other hazards associated with crane/derrick operations 
onboard vessels/flotation devices.
---------------------------------------------------------------------------

    \141\ Formerly paragraph (n)(6) in the proposal.
---------------------------------------------------------------------------

Section 1926.1438 Overhead and Gantry Cranes
    As defined in Sec.  1926.1401, overhead and gantry cranes include 
overhead/bridge cranes, semigantry cranes, cantilever gantry cranes, 
wall cranes, storage bridge cranes, launching gantry cranes, and 
similar equipment, irrespective of whether it travels on tracks, 
wheels, or other means. The Committee developed this definition to 
reflect the wide range of this type of equipment.
    Overhead and gantry cranes are commonly found on general industry 
as well as construction worksites. Sometimes overhead and gantry cranes 
installed in general industry facilities are used for construction 
purposes (for example, the overhead/gantry crane in a factory is 
sometimes used when a part of the factory is being renovated). The 
Committee determined that applying the general industry standard for 
overhead and gantry cranes, Sec.  1910.179, to the use of those cranes 
for construction work, rather than the requirements of new subpart CC, 
would reduce compliance burdens without jeopardizing employee 
protection. All comments received agreed it is reasonable to require 
cranes fitting this particular description to comply with Sec.  
1910.179 in lieu of requirements imposed under this subpart.
    The rule therefore distinguishes between permanently installed 
overhead and gantry cranes and those that are not permanently 
installed. Overhead and gantry cranes permanently installed in a 
facility are considered an irremovable part of the property and are 
primarily used in general industry but may, on rare occasions, be used 
for construction activities. Generally, these cranes are installed in 
facilities and are not easily assembled or disassembled. They are 
typically physically fastened to a building and enhance the utility of 
the property. The requirements of Sec.  1910.179, the general industry 
standard, and not subpart CC, apply to these permanently installed 
overhead and gantry cranes.
    In contrast, overhead and gantry cranes used frequently for 
construction activities are generally not permanently installed in a 
facility. They tend to be more easily assembled or disassembled than 
their permanently installed counterparts. The determining factor of 
whether an overhead or gantry crane is or is not permanently installed 
is whether or not it is regarded as a permanent part of the facility. 
If it is intended as a temporary installation or meant to be removed 
from the property, then the overhead or gantry crane is not considered 
permanently installed, and subpart CC applies. For example, if an 
employer attaches the base of a gantry crane to a concrete slab at a 
building construction site for use in constructing the building, that 
gantry crane would be covered by the provisions in subpart CC.
Paragraph (a) Permanently Installed Overhead and Gantry Cranes
    Section 1926.1438(a) applies the requirements of Sec.  1910.179, 
with the exception of Sec.  1910.179(b)(1), to six listed types of 
cranes and ``others with fundamentally similar characteristics,'' when 
they are used in construction and are permanently installed in a 
facility. The requirements in subpart CC do not apply to these cranes. 
Section 1910.179(b)(1) sets forth the scope of the general industry 
standard as defined under 29 CFR part 1910. It is excluded to avoid any 
confusion that might arise from having two separate scope provisions 
applicable to Sec.  1926.1438(a). Nonetheless, the types of overhead 
and gantry cranes covered under Sec. Sec.  1926.1438(a) and 
1910.179(b)(1) are the same, in that they all share fundamental 
characteristics. These cranes are grouped because they all have 
trolleys and similar travel characteristics.
Paragraph (b) Overhead and Gantry Cranes That Are Not Permanently 
Installed in a Facility
    Paragraph (b)(1) of this section provides the scope of Sec.  
1926.1438(b). By its terms, Sec.  1926.1438(b) pertains to overhead and 
gantry cranes, overhead/bridge cranes, semigantry cranes, cantilever 
gantry cranes, wall cranes, storage bridge cranes, launching gantry 
cranes, and similar equipment having the same fundamental 
characteristics, when they are used in construction and

[[Page 48072]]

are not permanently installed in a facility. The words ``having the 
same fundamental characteristics'' have been added to be consistent 
with the language in Sec.  1926.1438(a).
    Paragraph (b)(2) specifies which requirements apply to the 
equipment identified in Sec.  1926.1438(b)(1).
    Paragraph (b)(2)(i) requires overhead and gantry cranes not 
permanently installed in a facility to comply with Sec. Sec.  1926.1400 
through 1926.1414; Sec. Sec.  1926.1417 through 1926.1425; Sec.  
1926.1426(d); Sec. Sec.  1926.1427 through 1926.1434; Sec. Sec.  
1926.1437, 1926.1439, and 1926.1441 of subpart CC. Sections 1926.1435, 
1926.1436 and 1926.1440, entitled Tower cranes, Derricks, and Sideboom 
cranes, respectively, are not applicable because they pertain to 
different kinds of equipment. Sections 1926.1415, 1926.1416 and 
1926.1426(a)-(c) do not apply because they refer to devices not used on 
overhead and gantry cranes.
    Paragraph (b)(2)(ii) requires employers to comply with the 
requirements of Sec.  1910.179.
    Paragraph (b)(2)(ii)(A) specifies the portions of Sec.  1910.179 
that are applicable to the equipment identified in Sec.  
1926.1438(b)(1). The Committee selected these requirements because each 
is a safety requirement that applies to this type of crane regardless 
of whether it is used in construction or general industry. Other than 
certain definitions (described below), these are the only provisions of 
Sec.  1910.179 that apply to the equipment identified in Sec.  
1926.1438(b)(1). These requirements are:

Sec.  1910.179(b)(5)--Rated load marking
Sec.  1910.179(b)(6)--Clearance from obstruction
Sec.  1910.179(b)(7)--Clearance between parallel cranes
Sec.  1910.179(e)(1)--Trolley stops
Sec.  1910.179(e)(3)--Trolley bumpers
Sec.  1910.179(e)(5)--Guards for hoisting ropes
Sec.  1910.179(e)(6)--Guards for moving parts
Sec.  1910.179(f)(1)--Brakes for hoists
Sec.  1910.179(f)(4)--Brakes for trolleys and bridges
Sec.  1910.179(g)--Electric equipment
Sec.  1910.179(h)(1)--Sheaves
Sec.  1910.179(h)(3)--Equalizers
Sec.  1910.179(k)--Testing
Sec.  1910.179(n)--Handling the load

    Section 1926.1438(b)(2)(ii)(B) states that the definitions in Sec.  
1910.179(a), except for ``hoist'' and ``load,'' apply to equipment 
covered by Sec.  1926.1438(b). For those words, the definitions in 
Sec.  1926.1401 apply. Only three terms are defined in both Sec.  
1926.1401 and Sec.  1910.179: ``hoist,'' ``load,'' and ``runway.''
    With respect to ``hoist'' and ``load,'' the definitions in 
Sec. Sec.  1926.1401 and 1910.179(a) are similar but worded 
differently. ``Hoist'' is defined in Sec.  1926.1401 as ``a mechanical 
device for lifting and lowering loads by winding rope onto or off a 
drum.'' In Sec.  1910.179, ``hoist'' is defined as ``an apparatus which 
may be part of a crane, exerting a force for lifting and lowering.'' 
``Load'' is defined in Sec.  1926.1401 as ``the object to be hoisted 
and the weight of the object being lifted or lowered, including the 
weight of the load-attaching equipment such as the load block, ropes, 
slings, shackles, and any other ancillary equipment.'' Section 1910.179 
defines ``load'' as ``the total superimposed weight on the load block 
or hook.'' In both cases, the Sec.  1926.1401 definition is clearer and 
more precise.
    With respect to ``runway,'' the Sec.  1926.1401 and Sec.  1910.179 
definitions address different subject matter. The definition in Sec.  
1926.1401 addresses the criteria for a ground surface used as a path of 
travel for a mobile crane traveling with a suspended personnel 
platform. The definition in Sec.  1910.179 refers to the rails, beams, 
and other structural components along which an overhead or gantry crane 
travels. Because the Sec.  1926.1401 definition of ``runway'' does not 
pertain to overhead and gantry cranes, the Sec.  1910.179 definition 
applies under this section.
    Paragraph (b)(2)(ii)(C) limits the application of Sec.  
1910.179(b)(2) to equipment identified in Sec.  1926.1438(b)(1) that 
was manufactured before September 19, 2001. Section 1910.179(b)(2) 
requires cranes manufactured after August 31, 1971, to comply with the 
design specifications in American National Standard Safety Code for 
Overhead and Gantry Cranes, ANSI B30.2.0-1967. As discussed below, 
equipment manufactured after September 19, 2001, must comply with the 
updated provisions of ASME B30.2-2001. Section 1926.1438(b)(2)(ii)(C) 
is a transitional provision covering equipment manufactured between 
August 31, 1971 and September 19, 2001. OSHA has made minor grammatical 
revisions to (b)(2)(ii)(C) for clarity.
    Paragraph (b)(2)(iii) incorporates several sections of the 2001 
version of ASME B30.2 into this section. Previously, ANSI B30.2.0-1967 
applied through subpart N's former Sec.  1926.550(d). The Committee 
agreed that the 2001 version should be used because it is more 
comprehensive than the 1967 version and thus more conducive to safety. 
The following sections are incorporated by reference: 2-1.3.1--
Foundations and Anchorages; 2-1.3.2--Crane Runways; 2-1.4.1--Welded 
Construction; 2-1.6--Lubrication; 2-1.7.2--Ladders and Stairways; 2-
1.8.2--Bridge Bumpers; 2-1.9.1--Bridge Rail Sweeps; 2-1.9.2--Trolley 
Rail Sweeps; 2-1.11--Truck Frame Drop; 2-1.12.2--Hoist Control Braking 
Means; 2-1.13.7--Lifting Magnets; 2-1.14.2--Drums; 2-1.14.3--Ropes; 2-
1.14.5--Hooks; 2-1.15--Warning Devices or Means for a Crane with a 
Power-Traveling Mechanism; 2-2.2.2--Load Test; 2-3.2.1.1--Planned 
Engineered Lifts; and 2-3.5--Crane Lockout/Tagout, except that in 2-
3.5.1(b), ``29 CFR 1910.147,'' the OSHA general industry Lockout/Tagout 
standard, is substituted for ``ANSI Z244.1.''
    When C-DAC drafted Sec.  1926.1438(b)(2)(ii)(C), the current 
version of ASME B30.2 was the 2001 edition. That has since been 
superseded by a 2005 edition. OSHA notes that, in all material 
respects, the 2001 and 2005 versions of the provisions listed in Sec.  
1926.1438(b)(2)(iii) are the same. Except for sec. 2-1.8.2, the 2001 
and 2005 provisions are identical.
    Section 2-1.8.2 contains a wording change that does not 
substantively alter that provision. The 2001 version of sec. 2-1.8.2 
contains the following requirement, among others, for bridge bumpers: 
``energy-absorbing (or [dash]dissipating) capacity to stop the bridge 
when traveling with power off in either direction at a speed of at 
least 40% of rated load speed.'' In the 2005 version ``(or 
[dash]dissipating)'' is changed to ``(or energy-dissipating).'' This is 
clearly a clarification rather than a substantive change. Accordingly, 
OSHA has changed Sec.  1926.1438(b)(2)(iii) to refer to the 2005 
version of ASME B30.2.
    When employers engaged in construction work must lock or tag 
components of overhead and gantry cranes during maintenance and repair 
work, Sec.  1926.1438(b)(2)(iii) requires them to comply with OSHA's 
general industry lockout/tagout standard at Sec.  1910.147 instead of 
the ANSI lockout/tagout standard (ANSI Z244.1) referenced in sec. 2-
3.5.1(b) of ASME B30.2-2005. The Committee determined that the OSHA 
general industry lockout/tagout standard would be more accessible and 
familiar to employers in the construction industry than the ANSI 
standard. Therefore, requiring compliance with the OSHA standard will 
promote compliance and, as a result, improve worker protection.
    One commenter suggested exempting all overhead and gantry cranes 
from the scope of subpart CC because they are

[[Page 48073]]

rarely used in construction. (ID-0178.1.) While OSHA understands they 
are rarely used in construction, these cranes are at least occasionally 
used in construction. Were the Agency to delete this section entirely, 
these cranes (overhead and gantry cranes used in construction) would 
not be explicitly covered by any OSHA standard.
    The same commenter reasoned that, because overhead cranes are 
primarily used in general industry and Sec.  1910.179 does not require 
operator certification, an overhead crane operator who performs 
construction work only occasionally would need to be certified for the 
occasional construction-related pick, but not for any other part of the 
job. As explained above, the rule distinguishes between permanently 
installed overhead and gantry cranes, which are primarily used in 
general industry, and those that are not permanently installed, which 
are primarily used in construction work.
    The Committee determined that applying the general industry 
standard (Sec.  1910.179) to overhead and gantry cranes that are 
permanently installed in a facility and used for construction would 
reduce compliance burdens without jeopardizing employee protection. 
However, the use of overhead and gantry cranes that are not permanently 
installed in a facility, which are more frequently used for 
construction, presents concerns about employee safety that are 
particular to the construction environment. For these overhead and 
gantry cranes, the Committee applied the safety requirements in Sec.  
1910.179, which apply whether the crane is used in general industry or 
construction, along with portions of subpart CC to address the specific 
concerns about cranes used in construction. OSHA agrees.
    The commenter recognized the Committee's concern when he stated 
that, unlike operators of rented or subcontracted mobile cranes, 
employers that deal with overhead cranes are very aware of the 
qualifications of their operators. (ID-0178.1.) OSHA determines that 
non-permanently installed overhead and gantry cranes used in 
construction present the same concerns as rented or subcontracted 
mobile cranes.
    Finally, the commenter suggests that Sec.  1926.1438 requires 
operator certification for certain classes of lifting equipment--pile 
drivers, derricks, and service trucks with hoisting devices--for which 
no certification programs currently exist. These three types of lifting 
equipment are not covered by Sec.  1926.1438: Dedicated pile drivers 
are covered by Sec.  1926.1439, which requires qualification or 
certification; operators of cranes used with a pile-driving attachment 
must be qualified or certified under Sec.  1926.1427, and derricks are 
covered by Sec.  1926.1436, which specifically states that Sec.  
1926.1427, Operator qualification and certification, does not apply. 
See the discussion above of Sec.  1926.1400 regarding service trucks 
with hoisting devices. As noted in the explanation of Sec.  1926.1427, 
OSHA has modified its operator certification requirements from the 
proposed rule to address certification of operators of equipment for 
which no certification program currently exists.
    Another commenter sought clarification on whether Sec.  1926.1438 
applies to permanently installed overhead and gantry cranes located in 
facilities that may also involve construction related activities. (ID-
0162.1.) As explained above, this section applies to permanently 
installed overhead and gantry cranes that are used in construction. 
Section 1926.1438(a) clearly states that the requirements of Sec.  
1910.179, except for Sec.  1910.179(b)(1), apply to these cranes; in 
these instances, the requirements of subpart CC would not apply. 
Section 1926.1438 does not apply to permanently installed overhead and 
gantry cranes that are merely located in a facility that may also be 
involved in construction activities. The crane itself must be used in 
construction activities to trigger Sec.  1926.1438.
    Except as explained above, the Agency has therefore promulgated 
this provision as proposed.
Section 1926.1439 Dedicated Pile Drivers
    This section covers equipment that is designed to function 
exclusively as a pile driver, as defined in Sec.  1926.1401. Unlike the 
other equipment covered by this subpart, dedicated pile drivers are not 
designed primarily to hoist, lower, and horizontally move suspended 
loads. However, the Committee decided that the scope of this standard 
should cover dedicated pile drivers because their functions, and 
related hazards, are similar to those of cranes. For a complete 
discussion of the rationale for the coverage of dedicated pile drivers 
by this standard, see the discussion in the proposed rule at Sec.  
1926.1400, Scope (73 FR 59714, 59727-59728, Oct. 9, 2008).
    As discussed below, most of the provisions of this subpart apply to 
dedicated pile drivers; however, this section includes provisions that 
address the unique characteristics of such equipment. In addition to 
the requirements of this subpart, pile driving equipment continues to 
be covered by Sec.  1926.603, Pile driving equipment.
    One commenter expressed support for the inclusion of Sec.  
1926.1439. (ID-0158.1.) OSHA received no public comment in opposition.
Paragraph (a)
    This paragraph provides that the requirements of subpart CC apply 
to dedicated pile drivers except as noted elsewhere in this section. 
The Agency changed the words ``this standard'' to ``Subpart CC'' in the 
final rule. With the exception of the clarification, this provision is 
promulgated as proposed.
Paragraph (b)
    Paragraph (b) of this section provides that the requirements of 
Sec.  1926.1416(d)(3) do not apply to dedicated pile drivers. Section 
1926.1416(d)(3) requires that cranes manufactured after February 28, 
1992, be equipped with anti-two-blocking devices. This does not apply 
to dedicated pile drivers. As explained in the discussion of Sec.  
1926.1416(d)(3), anti-two-block devices are not required during pile 
driving operations because the heavy repetitive forces imposed on such 
devices during pile driving cause the devices to malfunction.
    For discussion of alternative requirements to anti-two-blocking 
devices when hoisting an employee during pile driving operations, see 
Sec.  1926.1431(p)(2). No comments were received for this paragraph; it 
is promulgated as proposed.
Paragraph (c)
    Paragraph (c) of this section provides that the requirements of 
Sec.  1926.1416(e)(4) (load weighing and similar devices) are 
applicable only to dedicated pile drivers manufactured more than one 
year after the effective date of this final rule. A load weighing and 
rated capacity device provides the operator of a dedicated pile driver 
with a reliable load weight prior to each lift to prevent equipment 
overload. C-DAC found that a phase-in period was necessary because of 
the technical challenges in designing this device to work consistently 
and reliably on a dedicated pile driver.
    OSHA solicited public comment on the availability of load-weighing 
or rated capacity devices for dedicated pile drivers and the related 
issue of whether a date other than one year after the effective date of 
this standard would be an appropriate date for application of this 
requirement. OSHA received no public comment regarding the phase-in 
requirements. The Agency changed the

[[Page 48074]]

words ``this standard'' to ``Subpart CC'' in the final rule. With the 
exception of the clarification, this provision is promulgated as 
proposed.
Paragraph (d)
    Paragraph (d) of this section provides that for Sec.  1926.1433, 
only paragraphs (d) and (e) of Sec.  1926.1433 apply to dedicated pile 
drivers. Paragraphs (d) and (e) of Sec.  1926.1433, Design, 
construction and testing, are applicable to all equipment covered by 
this subpart, whereas the other provisions are applicable to specific 
types of equipment and are not relevant to dedicated pile drivers. (See 
discussion in Sec.  1926.1433 for further explanation.)
    In the proposed rule this paragraph referred to Sec. Sec.  
1926.1433(e) and (f); this was a clerical error. For the proposed rule, 
Sec.  1926.1433 had been renumbered from what was in the C-DAC 
consensus document, but paragraph (d) did not get updated accordingly. 
OSHA has made this correction in the final rule. With the exception of 
the corrected referencing, this provision is promulgated as proposed.
Deletion of Proposed Paragraph (e)
    The Committee concluded that there was no reason to exclude 
dedicated pile drivers from the requirements of Sec.  1926.1427, 
Operator qualification and certification. The Committee was concerned, 
however, that because of the relatively few dedicated pile drivers in 
use, there would not be adequate market demand to support the 
availability of certification testing specific to such equipment. For 
the same reasons, the Committee was concerned about the availability of 
auditors for auditing employer qualification programs for dedicated 
pile driver operators. C-DAC concluded that any lack of qualification 
or certification services specific to dedicated pile drivers would be 
alleviated by allowing qualification or certification on similar 
equipment, so proposed paragraph (e) of this section read:

    Section 1926.1427 (Operator qualification and certification) 
applies, except that the qualification or certification shall be for 
operation of either dedicated pile drivers or equipment that is the 
most similar to dedicated pile drivers.

    After reviewing comments regarding Sec.  1926.1427, OSHA decided to 
add language similar to proposed Sec.  1926.1439(e) to Sec.  1926.1427. 
See discussion of Sec.  1926.1427(b)(2). In light of that change, OSHA 
has decided that it is not necessary to include proposed Sec.  
1926.1439(e) in the dedicated pile driver section of the final rule. 
The concerns addressed by that paragraph, as proposed, are now dealt 
with in Sec.  1926.1427(b)(2), which covers dedicated pile drivers as 
well as other types of equipment covered by subpart CC.
Section 1926.1440 Requirements for Sideboom Cranes
    ``Sideboom crane'' is defined in Sec.  1926.1401 as ``a track-type 
or wheel-type tractor having a boom mounted on the side of the tractor, 
used for lifting, lowering or transporting a load suspended on the load 
hook. The boom or hook can be lifted or lowered in a vertical direction 
only.'' No comments were submitted on this definition; it is 
promulgated as proposed. (See the discussion in the proposed rule 
explaining this definition at 73 FR 59868, Oct. 9, 2008.)
    This section identifies which of the other sections of the final 
rule apply to this equipment and sets additional requirements. The 
limited requirements for sideboom cranes, compared to the requirements 
for other types of cranes, reflect the particular construction and 
limited functions of sideboom cranes. Sideboom cranes are of a limited 
capacity and require a relatively simple operation.
Paragraph (a)
    Section 1926.1440(a) of the final rule states that the provisions 
of this standard apply with the exception of Sec. Sec.  1926.1402, 
Ground conditions, 1926.1415, Safety devices, 1926.1416, Operational 
aids, and 1926.1427, Operator qualification and certification. As noted 
in the preamble to the proposed rule, the Committee exempted sideboom 
cranes from the requirements of these four sections because the 
Committee determined that, in light of the limited capacity and 
relative simplicity of operation of sideboom cranes, these requirements 
would be unnecessary (73 FR 59868, Oct. 9, 2008).
    During the SBREFA process, one Small Entity Representative (SER) 
raised a question as to whether small sideboom cranes incapable of 
lifting above the height of a truck bed and with a capacity of not more 
than 6,000 pounds should be covered by the proposed rule. This SER 
recommended that these small sideboom cranes be exempted from the scope 
of subpart CC. Accordingly, OSHA asked for public comment about the 
appropriateness of such an exemption (see 73 FR 59868, Oct. 9, 2008). 
Two commenters responded to this issue. (ID-0205; -0213.) Both 
commenters expressed their belief that such equipment should be 
exempted from the final rule unless the equipment is being used outside 
the parameters of the equipment's design, but neither commenter 
provided any explanation as to why the final rule should exempt such 
equipment. (ID-0205; -0213.) As discussed above, OSHA decided to exempt 
sideboom cranes from several provisions of the final rule. Absent any 
justification to provide additional relief for small-capacity sideboom 
cranes, OSHA concludes that the exemptions already provided in the 
final rule are appropriate, and will ensure the safety of workers who 
operate these cranes.
Paragraph (b)
    This paragraph addresses the hazards posed by boom free fall (that 
is, ``live'' booms). As noted above in the discussion of Sec.  
1926.1426 (Free fall and controlled load lowering), in general, the use 
of equipment with live booms is prohibited. However, equipment 
manufactured before the ANSI B30.5 series prohibited live booms may use 
live booms under conditions specified in Sec.  1926.1426(a)(2). The 
prohibition in Sec.  1926.1426 applies to equipment manufactured on or 
after October 31, 1984. Equipment manufactured before that date may 
only use live booms when none of the free fall prohibitions outlined in 
Sec.  1926.1426(a)(1) are present.
    OSHA received no comments on proposed Sec.  1926.1440(b). 
Therefore, in the final rule, this paragraph will retain the approach 
to live booms described in the proposal. Accordingly, final paragraph 
(b) of this section applies an approach to live booms used with 
sideboom cranes that is similar to the approach discussed above for 
Sec.  1926.1426. The only difference is the cut-off date of manufacture 
for sideboom cranes with live booms. As explained above in the 
discussion of Sec.  1926.1426(a)(2), in light of the history of the 
ANSI B30.5 prohibition against live booms, most equipment covered by 
this standard manufactured after October 31, 1984, does not have live 
booms. In contrast, the ANSI/ASME standards applicable to sideboom 
cranes (ANSI/ASME B30.14) have never prohibited live booms. As a 
result, sideboom cranes with live booms continued to be manufactured 
after 1984. Consequently, under Sec.  1926.1440(b), to avoid undue 
burden on employers, OSHA is designating the cut-off date of 
manufacture for sideboom cranes with live booms as the effective date 
of this final standard. Therefore, employers may continue to use 
sideboom cranes manufactured prior to this date in which the boom is 
designed to free fall, except under the conditions specified in Sec.  
1926.1426(a)(1). OSHA determines

[[Page 48075]]

that these conditions will increase employee safety compared to current 
practices. No comments were submitted on this paragraph; it is 
promulgated as proposed.
Paragraph (c)
    As drafted by C-DAC, this paragraph would have required that 
sideboom cranes meet specific requirements of ASME B30.14-1996 (``Side 
Boom Tractors''), as amended by ASME B30.14a-1997, B30.14b-1999, and 
B30.14c-2001. After the Committee completed its work, ASME consolidated 
the requirements of the 1996 standard and the amendments into ASME 
B30.14-2004. Final Sec.  1926.1440(c) incorporates by reference several 
sections of ASME B30.14-2004 into the same 12 subparagraphs described 
in the proposed rule. While OSHA received no comments to proposed Sec.  
1926.1440(c), it decided to retain these 12 subparagraphs in the final 
rule because the Committee determined that these ASME requirements are 
necessary and appropriate for sideboom cranes, and represent current 
best practices for the industry.
    The 12 subparagraphs retained in Sec.  1926.1440(c) of the final 
rule refer to the following sections of ASME B30.14-2004: 14-1.1 
(``Load Ratings''); 14-1.3 (``Side Boom Tractor Travel''); 14-1.5 
(``Ropes and Reeving Accessories''); 14-1.7.1 (``Booms''); 14-1.7.2 
(``General Requirements--Exhaust Gases''); 14-1.7.3 (``General 
Requirements--Stabilizers (Wheel-Type Side Boom Tractors)''); 14-1.7.4 
(``General Requirements--Welded Construction''); 14-1.7.6 (``General 
requirements--Clutch and Brake Protection''); 14-2.2.2 (``Testing--
Rated Load Test''), except that it applies only to equipment that has 
been altered or modified; paragraph (a) of 14-3.1.2 (``Operator 
Qualifications'') except that the phrase ``when required by law'' is 
omitted; paragraphs (e), (f)(1)-(f)(4), (f)(6), (f)(7), (h), and (i) of 
14-3.1.3 (``Operating Practices''), and paragraphs (j), (l), and (m) of 
Sec.  1926.14-3.2.3 (``Moving the Load''). Regarding the last four of 
these sections, OSHA is stipulating exceptions, or requiring employers 
to comply with only specified provisions. OSHA wanted to avoid any 
duplication, conflicts or possible confusion, so the final rule does 
not incorporate provisions of the ASME standard that deal with issues 
addressed by other provisions of this standard. The incorporated 
provisions consist of requirements that are specific to sideboom 
cranes.
Section 1926.1441 ``Requirements for Equipment With a Rated Hoisting/
Lifting Capacity of 2,000 Pounds or Less
    Section 1926.1441 establishes the requirements applicable for 
equipment with a maximum-rated hoisting/lifting capacity of 2,000 
pounds. The section covers equipment designed and built at the jobsite, 
as well as manufactured equipment. In the proposal, the introductory 
paragraph used the term ``manufacturer-rated'' that appeared in the C-
DAC Document. OSHA requested public comment on this whether to use the 
term ``rated'' instead of ``manufacturer-rated'' to clarify that the 
section applied to both jobsite-built and manufactured equipment. OSHA 
received only two comments, and both commenters supported this revision 
because it would clarify application of the section. (ID-0205.1; -
0213.1.) Therefore, OSHA made the proposed revision in the final rule.
    OSHA also solicited public comment on whether the maximum rated 
capacity for application of this section should be revised because of 
crane-technology advancements or other considerations. Two commenters, 
one from the sign-installation industry and the other from the 
utilities industry, commented that OSHA should increase the maximum 
rated capacity cut-off for application of this section to not more than 
10,000 pounds. (ID-0162.1; -0189.1.) The sign-installation 
representative commented that the operator-qualification requirements 
of Sec.  1926.1441 would encourage employers to use smaller cranes at 
or near their maximum rated capacity. This commenter indicated that 
using 2,000-pound rated-capacity equipment in such a way is less safe 
than using higher capacity equipment, which would be operated below its 
rated capacity, and at a more optimum boom angle. The utilities-
industry commenter suggested coupling the 10,000 pound cut-off with a 
boom length of 25 feet. A representative from the materials-delivery 
industry testified during the hearing of the proposed rule that OSHA 
should exempt truck-mounted articulated-boom loaders of 10,000 pounds 
or less, stating that the State of California has such an exemption. 
(ID-0343.)
    Another commenter, from the home-building industry, believed that 
OSHA should raise the capacity cut-off to 70,000 pounds and 120 feet of 
boom because this industry frequently performs light load lifts such as 
hoisting roofing and framing materials. (ID-0232.) OSHA notes that the 
ground conditions at residential construction sites are often hazardous 
to crane operation because the soil at new-home construction sites is 
often disturbed. In addition, there may be voids, such as conduits and 
sewers, underneath the soil around existing homes. Power lines also are 
common at these sites. Furthermore, cranes used in residential 
construction not only hoist loads to structures, but also hold loads in 
position during installation activities, often with significant boom 
extension. A representative from a major crane-rental company shared 
similar concerns during the public hearing about the hazards of boom 
trucks used to perform relatively light lifts in support of 
residential-construction activities. (ID-0344.) This witness stated 
that boom-truck cranes present greater risk of tip over than larger 
cranes with wider outrigger bases and greater stability, and that an 
inexperienced operator with a rented crane (i.e., bare rental) may not 
have this knowledge. This witness believed that the operators of bare 
rental cranes do not completely understand how much the capacity of the 
equipment decreases as the boom extends further. The witness described 
crane incidents in which operators of small cranes tipped equipment or 
dropped bundles of roofing materials at residential-construction sites, 
and provided numerous photographs of crane failures at these sites. 
(ID-0345.7.)
    Two commenters stated that they believe the 2,000-pound limit is 
appropriate. (ID-0205.1; -0213.1.) Discussion at the hearing also 
addressed the appropriateness of the 2,000 pound capacity limitation. 
For example, a representative of a major local government testified 
about the city's experiences with smaller cranes, and explained that 
smaller cranes, like some knuckle-boom cranes, lift heavier loads and 
extend their booms further than older cranes, allowing materials-
delivery personnel at construction sites to position and hold materials 
for contractors during installation and erection activities. (ID-0342.) 
The city representative stated that, when employers perform these 
activities with greater capacity equipment, employers typically plan 
for those operations; however, the same planning is not necessarily 
done by employers when using smaller capacity equipment for the same 
activities (i.e., lifting, moving, and landing materials).
    After reviewing the comments and testimony received on this issue, 
OSHA finds no persuasive evidence that justifies revising the capacity 
cut-off for the application of the requirements Sec.  1926.1441. The 
record provides no evidence that the hazards are different for 
equipment in the rated capacity

[[Page 48076]]

range from 2,000 to 10,000 pounds than the hazards associated with 
equipment not covered by Sec.  1926.1441. The myriad hazards addressed 
by this standard, including, for example, inadequate ground conditions, 
power lines, ineffective signal communications, overloading, and 
inadequate operator knowledge/ability, also are applicable to equipment 
in this capacity range. As noted in the discussion of Sec.  1926.1427, 
some hazards may be increased because these cranes are often used in 
tight spaces. Therefore, OSHA determines that the cut-off point of 
2,000 pounds or less as proposed is appropriate. This conclusion is 
consistent with the judgment of the Committee as described in the 
proposal (73 FR 59869, Oct. 9, 2008).
    Paragraph (a) of this section lists the provisions of this subpart 
that apply to equipment covered by this section. OSHA did not receive 
any comments on proposed paragraph (a) and is deferring to the 
Committee's determination that the hazards addressed by these 
provisions apply irrespective of the equipment's rated capacity. For 
example, the dangers associated with making electrical contact with a 
power line do not depend on the lifting capacity of the equipment, so 
C-DAC determined that Sec. Sec.  1926.1407-1926.1411 on power line 
safety should apply to all equipment regardless of rated capacity. 
Similarly, the other provisions listed in this paragraph apply to 
equipment with a rated capacity of 2,000 pounds or less to the same 
extent that those sections apply to that type of equipment with a rated 
capacity in excess of 2,000 pounds. To avoid confusion, OSHA is 
including references in this final paragraph (a) to provisions located 
and required in other paragraphs of proposed Sec.  1926.1441. 
Therefore, paragraph (a) now also references Sec. Sec.  1926.1403, 
1926.1406, 1926.1412(c), and 1926.1425 (except 1926.1425(c)(3)).
    Paragraph (b) of this section sets forth requirements for the 
assembly/disassembly of cranes covered by this section, and duplicates 
requirements specified elsewhere in this subpart. In this regard, 
paragraph (b)(1) requires that equipment covered by this section meet 
the requirements of Sec. Sec.  1926.1403 and 1926.1406 for assembly/
disassembly, while paragraph (b)(2) consists of requirements for the 
components and configuration of equipment covered by this section. OSHA 
received no comments on these two paragraphs. Paragraph (b)(1) refers 
to Sec. Sec.  1926.1403 and 1926.1406 of this subpart, and the preamble 
discussion above provides an explanation of these sections, and OSHA's 
rationale for including them in the final rule. Because Sec. Sec.  
1926.1403 and 1926.1406 are included in paragraph (a), OSHA has 
modified the language in paragraph (b)(1) for clarity. The requirements 
set forth under paragraph (b)(2) duplicate the requirements specified 
by Sec. Sec.  1926.1404(m)(1), (m)(1)(i), (m)(1)(ii), (m)(2), and (n) 
of this subpart; see the discussion under Sec.  1926.1404(m) and (n) of 
this preamble for an explanation of these provisions, and OSHA's 
rationale for adopting them in the final rule.
    Paragraph (b)(3) requires employers to comply with manufacturer 
prohibitions for equipment covered by this section. The same 
requirement applies to higher-capacity equipment under Sec.  
1926.1404(n). OSHA received no comments on the proposed paragraph and 
is including the provision in the final rule as proposed because the 
Committee agreed that manufacturers' prohibitions are designed to 
prevent hazards that can arise with the use of their products.
    Paragraph (c) of this section specifies procedural requirements for 
operating the equipment. Paragraph (c)(1) requires the employer to 
comply with all manufacturer procedures applicable to equipment 
operation, including equipment operation with attachments. The same 
requirement applies to higher-capacity equipment under Sec.  
1926.1417(a). OSHA received no comments on the proposed paragraph and 
is including the provision in the final rule as proposed because the 
Committee agreed that manufacturer procedures are designed to prevent 
hazards that can arise with the use of their products.
    The requirements in paragraph (c)(2) apply to equipment for which 
manufacturer operating procedures are unavailable. Under these 
conditions, paragraph (c)(2)(i) requires the employer to develop, and 
ensure compliance with, the procedures necessary for the safe operation 
of the equipment and its attachments.
    Paragraph (c)(2)(ii) specifies that the employer must ensure that a 
qualified person develops the procedures for operational controls. The 
Committee concluded that, because these procedures are highly complex 
and critical to operational control of the equipment, a qualified 
person has the high degree of expertise necessary to ensure proper 
development of the control procedures.
    When the employer develops the operating procedures for this 
equipment, paragraph (c)(2)(iii) requires that procedures related to 
the capacity of the equipment be developed and signed by a professional 
engineer familiar with the equipment. The Committee concluded that, 
because the type and complexity of engineering analysis needed to 
develop safe procedures related to capacity, a registered professional 
engineer who is familiar with the equipment must perform this task. The 
Committee also agreed that signing the procedures was necessary to 
ensure that the engineer performed the task with the requisite level of 
care.
    No commenters responded to the provisions of proposed paragraph 
(c). OSHA is adopting these provisions in the final rule as proposed 
because (1) the provisions are consistent with the consensus reached by 
the Committee, and (2) will ensure that, absent manufacturer 
procedures, employers develop procedures that will protect workers as 
effectively as operating procedures developed by the equipment 
manufacturer when implemented as required.
    Paragraph (c)(3) of the final rule addresses the provision of 
operating information to the equipment operator. Equipment covered by 
this section may not have an operator's cab; therefore, paragraph 
(c)(3)(i) requires that the load chart be made available to the 
operator at the control station rather than in the cab. The Committee 
developed this provision to prevent cranes from being used to perform 
operations beyond their rated capacities. The Committee determined that 
the load chart must be readily available to crane operators since 
capacity varies according to a variety of factors addressed in such 
charts, including, for example, boom length, radius, boom angle, and 
equipment configuration. OSHA received no comments on the proposed 
paragraph and is including the provision in the final rule as proposed 
based on the rationale provided by the Committee
    Under paragraph (c)(3)(ii), employers must ensure that required 
procedures, recommendations, warnings, instructions, and operator's 
manual be readily available for use by the operator. Again, this 
provision covers equipment with and without a cab. The consensus of the 
Committee was that operators must have easy access to the information 
in these materials to operate the equipment safely. No comments were 
received on this provision and OSHA is including this provision in the 
final rule as proposed.
    When rated capacities are available at the control station only in 
electronic form and a failure occurs that makes the rated capacities 
inaccessible, paragraph

[[Page 48077]]

(c)(3)(iii) requires employers to ensure that the crane operator 
immediately ceases operations or follows safe shut-down procedures 
until the rated capacities become available again. The Committee agreed 
that it is unsafe to continue to operate the equipment if the rated 
capacities are inaccessible to the operator. No comments were received 
on this provision and OSHA is adopting this requirement in the final 
rule as proposed.
    Paragraph (d) of this section specifies requirements for safety 
devices and operational aids for the equipment. In this regard, 
paragraph (d)(1) requires that employers maintain safety devices and 
operational aids that are part of the original equipment in accordance 
with manufacturer procedures. (Note: This requirement applies to anti 
two-block devices used on equipment covered by this section 
manufactured before the effective date of this final standard; see 
discussion of anti two-block device under paragraph (d)(3) below.) The 
Committee determined that the full range of safety devices and 
operational aids required by Sec. Sec.  1926.1415 and 1926.1416 of this 
subpart were not generally needed for the safe operation of this low-
capacity equipment. However, the Committee also concluded that, if the 
manufacturer included such devices or aids, it is probable that the 
manufacturer's design relies on them working properly for the equipment 
to operate safely. Therefore, it is appropriate for the standard to 
require them to be maintained in accordance with the manufacturer's 
procedures. No comments were received on this provision and OSHA is 
retaining this paragraph in the final standard as proposed.
    Under paragraph (d)(2), employers must ensure that the equipment 
covered by this section and manufactured more than one year after the 
effective date of this final standard be equipped either with an anti-
two block device that meets the requirements of Sec.  1926.1416(d)(3), 
or be designed so that no damage or load failure occurs in the event of 
a two-block situation. The provision also identifies an example of 
equipment designed to prevent equipment damage load failure, i.e., when 
the power unit of the machine stalls in the event of a two-block 
situation. In such a case, the power unit does not have sufficient 
power to cause the load to fail or to damage the equipment. Instead, 
when the two-block situation occurs, the power unit stalls, which 
prevents the load from falling. The purpose of this paragraph is to 
prevent equipment damage or failure stemming from contact between a 
component on the hoist line and the boom tip, which occurs during a 
two-block situation. Such contact can lead to a damaged or severed load 
line, as well as other types of equipment failure.
    The Committee agreed to provide employers with discretion to choose 
between two options for eliminating two-block hazards. The first option 
prevents a two-block situation from occurring, while the second option 
prevents equipment damage and load failure if a two-block situation 
occurs. The Committee determined that, for the equipment cover by this 
section, each option protects employees equally well. Regarding the 
first option, the anti two-block device used must meet the requirements 
for such devices specified by Sec.  1926.1416(d)(3). Paragraph (d)(3) 
of Sec.  1926,1416 addresses two types of anti two-block devices: the 
warning type, and the automatic-prevention type (see the discussion of 
these devices above under Sec.  1926.1416(d)(3) of this preamble). The 
type required depends on the type of crane and the date of manufacture. 
However, Sec.  1926.1416(d)(3) requires that employers use the 
automatic-prevention type on equipment manufactured more than one year 
after the effective date of this final standard. Therefore, since the 
requirement in Sec.  1926.1441(d)(2) only applies to equipment 
manufactured more than one year after the effective date of this final 
standard, and to remain consistent with Sec.  1926.1416(d)(3), the anti 
two-block device used on equipment covered by this section must be the 
automatic-prevention type. The Committee concluded that it would be 
inappropriate to apply this requirement to equipment manufactured 
before either a voluntary consensus standard or Federal requirement is 
in place. Therefore, this paragraph applies to equipment manufactured 
more than one year after the effective date of this final standard.
    OSHA received no comments on any provision of proposed paragraph 
(c). Based on the Committee's rationale for these provisions, and the 
increased safety afforded to employees, OSHA is adopting these 
provisions in the final rule as proposed.
    Paragraph (e) of this section requires that, before operating 
equipment, employers train operators on the safe operation of the type 
of equipment the operator will be using. OSHA received two comments on 
the proposed paragraph. The first commenter believed the 2,000 pound 
cut-off was too low and, because the operators would not have to be 
certified, employers will use lower-capacity cranes to perform 
construction jobs that require higher-capacity equipment. (ID-0189.) 
The second commenter stated that certification of the operators of low-
capacity cranes is unnecessary in the home-building industry, but 
offered no rationale for this position. (ID-0232.)
    OSHA notes that the problem of overloading equipment would exist 
even at a higher cut-off point. The only way to eliminate this problem 
would be to require operator qualification/certification pursuant to 
Sec.  1926.1427 for all equipment, including equipment covered by this 
section. The Committee concluded that it is appropriate to exempt 
lower-capacity equipment from the operator qualification/certification 
requirements of Sec.  1926.1427. Consistent with the Committee's 
consensus, OSHA finds that training operators in the safe operation of 
the equipment as required by this final standard reduces the likelihood 
of accidents and injuries by minimizing operator error; therefore, the 
operator certification/qualification procedures required for higher-
capacity equipment under Sec.  1926.1427 are not necessary for this 
lower-capacity equipment.
    Under paragraph (f) of this section, employers must ensure that 
signal persons are trained in the proper use of signals applicable to 
the use of equipment covered by this section. Although the equipment 
covered by this section has a low capacity, in some circumstances its 
safe operation depends on signals given by a signal person. 
Accordingly, this paragraph ensures that communication between the 
crane operator and the signal person is clear and effective. However, 
the Committee concluded that the comprehensive signal-person 
qualification procedures required for higher-capacity equipment under 
Sec.  1926.1428, Signal person qualifications, are not needed for this 
equipment. OSHA received no comments on proposed paragraph (f) and is 
including the provision in the final rule as proposed based on the 
rationale provided by the Committee.
    Proposed paragraph (g) of this section required that equipment 
covered by this section comply with Sec.  1926.1425, Keeping clear of 
the load, except for Sec.  1926.1425(c)(3); Sec.  1926.1425(c)(3) 
specifies that materials be rigged by a qualified rigger. The Committee 
determined that, in light of the limited capacity of this equipment, it 
was unnecessary to require a qualified rigger. OSHA received no 
comments on the proposed provision and is deferring to the Committee's 
determination. As noted in the discussion of paragraph (a) above, the 
requirement for the employer

[[Page 48078]]

to comply with Sec.  1926.1425 (except for Sec.  1926.1425(c)(3)) has 
been added to the provisions listed in paragraph (a). Therefore, OSHA 
is removing and reserving paragraph (g) in this final rule because the 
requirements proposed in paragraph (g) are now required in final 
paragraph (a).
    According to paragraph (h) of this section, employers must ensure 
that equipment covered by this section is inspected pursuant to the 
manufacturer's procedures. The Committee concluded that these 
inspections are sufficient to detect conditions that could lead to 
equipment failure because manufacturers typically recommend procedures 
designed to prevent hazards that can arise during equipment operation. 
The Committee concluded that the comprehensive inspection procedures 
required for higher-capacity equipment under Sec.  1926.1412 are not 
needed for lighter, less complicated, equipment. OSHA received no 
comments on the proposed paragraph and is adopting this paragraph in 
the final rule as proposed based on the rationale provided by the 
Committee.
    Paragraph (j) of this section prohibits using equipment covered by 
this section to hoist personnel. OSHA received no comments on the 
proposed paragraph and is including it in the final rule as proposed 
because the Committee determined that the low capacity and light 
construction of this equipment makes it unsuited for lifting personnel 
safely.
    Under paragraph (k) of this section, employers must ensure that a 
qualified engineer designs the equipment. The Committee noted that some 
employers may design and construct this type of equipment themselves, 
rather than using equipment built by a manufacturer. The Committee 
developed this provision to ensure that, in such cases, the design of 
such equipment is sufficient to protect employees exposed to it. OSHA 
received no comments on the proposed paragraph and is retaining it in 
the final standard as proposed based on the Committee's rationale.
Section 1926.1442 Severability
    The Agency is including a standard severability clause to express 
the Agency's intent that if any court of competent jurisdiction renders 
any provision in subpart CC unenforceable, the remaining provisions of 
the subpart would remain in effect.

V. Procedural Determinations

A. Legal Authority

    The purpose of the Occupational Safety and Health Act, 29 U.S.C. 
651 et seq. (``the Act''), is ``to assure so far as possible every 
working man and woman in the Nation safe and healthful working 
conditions and to preserve our human resources.'' 29 U.S.C. 651(b). To 
achieve this goal, Congress authorized the Secretary of Labor to 
promulgate and enforce occupational safety and health standards. See 29 
U.S.C. 654, 655(b), and 658. A safety or health standard ``requires 
conditions, or the adoption or use of one or more practices, means, 
methods, operations, or processes, reasonably necessary or appropriate 
to provide safe or healthful employment and places of employment.'' 29 
U.S.C. 652(8).
    A safety standard is reasonably necessary or appropriate within the 
meaning of 29 U.S.C. 652(8) if it substantially reduces or eliminates a 
significant risk of material harm in the workplace; is economically and 
technologically feasible; uses the most cost effective protective 
measures; is consistent with or is a justified departure from prior 
Agency action; is supported by substantial evidence; and is better able 
to effectuate the Act's purposes than any relevant national consensus 
standard. See UAW v. OSHA, 37 F.3d 665, 668 (DC Cir. 1994)(``LOTO''). 
In addition, safety standards must be highly protective. See id. at 
669.
    A standard is technologically feasible if the protective measures 
it requires already exist, can be brought into existence with available 
technology, or can be created with technology that can reasonably be 
expected to be developed. See, e.g., American Iron & Steel Inst., Inc. 
v. OSHA, 939 F.2d 975, 980 (DC Cir. 1991) (per curiam) (``AISI''). A 
standard is economically feasible if industry can absorb or pass on the 
costs of compliance without threatening its long-term profitability or 
competitive structure. See, e.g., AISI, 939 F.2d at 980. A standard is 
cost effective if the protective measures it requires are the least 
costly of the available alternatives that achieve the same level of 
protection. See LOTO, 37 F.3d at 668.
    Section 6(b)(7) authorizes OSHA to include among a standard's 
requirements labeling, monitoring, medical testing, and other 
information gathering and transmittal provisions. 29 U.S.C. 655(b)(7). 
Finally, the OSH Act requires that, when promulgating a rule that 
differs substantially from a national consensus standard, OSHA must 
explain why the promulgated rule is a better method for effectuating 
the purpose of the Act. 29 U.S.C. 655(b)(8). Deviations from relevant 
consensus standards are explained elsewhere in this preamble.

B. Executive Summary of the Final Economic Analysis; Final Regulatory 
Flexibility Analysis

1. Introduction and Summary
    For the final Cranes and Derricks standard, the Agency is 
presenting this Executive Summary of the Final Economic Analysis (FEA) 
in this preamble; while the full FEA will be available in the docket. 
The complete Final Regulatory Flexibility Analysis is also presented 
here.
    The Occupational Safety and Health Act of 1970 (OSH Act) requires 
OSHA to demonstrate the technological and economic feasibility of its 
rules. Executive Order (E.O.) 12866 and the Regulatory Flexibility Act 
(RFA), as amended in 1996, require Federal agencies to analyze the 
costs, benefits, and other consequences and impacts, including small 
business impacts, of their rules.
    The final cranes standard is an economically significant action 
under E.O. 12866 and a major rule under the Congressional Review Act 
(SBREFA). In addition, as required by the RFA, the Agency has assessed 
the potential impacts of this final rule on small entities and has 
prepared a Final Regulatory Flexibility Analysis. This rule is not a 
significant Federal intergovernmental mandate, and the Agency has no 
obligations to conduct analyses of this rule under the Unfunded 
Mandates Reform Act of 1995; however the rule has costs of over $100 
million per year on the private sector, and is thus subject to the 
requirement under UMRA for review of private-sector costs. These 
requirements are met in this section.
    The purpose of the Final Economic Analysis is to identify the 
establishments and industries affected by the final standard; evaluate 
the standard's costs, benefits, and economic impacts; assess the 
technological and economic feasibility of the final standard for 
affected industries; and evaluate the appropriateness of regulatory and 
non-regulatory alternatives to the rule. The FEA has been developed 
according to the requirements of E.O. 12866 and the OSH Act. In 
addition, in accordance with the RFA as amended by the SBREFA, this 
analysis identifies and estimates the impacts of the proposal on small 
businesses, using the Small Business Administration's (SBA's) industry-

[[Page 48079]]

specific definitions of small businesses. In addition, OSHA assessed 
the impacts of the rule on very small businesses; i.e., those with 
fewer than 20 employees.
    The FEA differs in several respects from the preliminary economic 
analysis (PEA). Several affected general industry sectors have been 
added to the original analysis, based on comment during the 
rulemaking--for example, electric utilities, telecommunications, sign 
manufacturers, natural gas pipelines, and shipyards--an estimated 
22,000 potentially affected establishments in all. Costs have been 
revised for employer duties for assembly/disassembly and ground 
conditions, power line work, and crane operator certification, as well 
as inspections (due to an error in the PEA). New costs have been 
estimated for meeting ground conditions' provisions ($2.3 million 
annually). Estimated costs for assembly/disassembly have been decreased 
in this final analysis, from about $33 million annually in the PEA to 
about $16 million, primarily due to an increase in current compliance 
(baseline) and estimated costs also fell for inspections (from $21 
million annually to $16.5 million). Estimated costs for several 
provisions have been increased from the PEA: for work near power lines 
(from $30 million annually to $68 million) and for crane operator 
certification (from $37 million annually to about $51 million, 
primarily due to an increase in the unit cost, many more operators 
potentially needing certification in the affected general industry 
sectors, but decreased by the higher current baseline). Overall, 
estimated costs increased from the $83 million annually in the PEA to 
about $154 million. The final benefits analysis is based on four years' 
of IMIS fatality reports, rather than BLS's Census of Fatal 
Occupational Injuries as in the preliminary analysis, as it was not 
possible to use the CFOI data to estimate the number of fatalities that 
were occurring due to crane construction activity by employers in 
general industry sectors. The Agency estimates that compliance with the 
final standard will prevent 22 fatalities and 175 non-fatal injuries 
per year, compared to 53 fatalities estimated to be avoided in the PEA.
    The Agency also estimates that compliance will result in 
considerable cost saving by preventing many more accidents that do not 
result in injury. The Agency has estimated that annual savings from 
avoiding project delay, damage to cranes and structures, and lost 
productivity is at least $7 million annually just from one type of 
crane accident--tipovers. The Agency has not attempted to quantify all 
of the costs avoided by all crane accidents prevented by the final 
standard, but concludes these cost savings are also substantial. In 
addition, the Agency has noted that a significant portion of these 
benefits will be passed back immediately to employers in the form of 
$51 million annual savings in liability insurance costs for the 
affected industries.
    OMB requires agencies to monetize benefits where possible. The 
Agency is revising its estimate of the VSL presented in the PEA, which 
was based on an EPA estimate from the early 1990s. The VSL is estimated 
to be about $7 million in terms of 2000 dollars (Viscusi and Aldy, 
2003). At the same time the willingness-to-pay to avoid serious injury 
was estimated to be about $50,000. The Agency is adjusting the values 
based on the change in the GDP implicit price deflator from 2000 to 
2010 of about 25 percent (Bureau of Economic Analysis, ``National 
Economic Accounts,'' Table 1.1.9 at http://www.bea.gov/national/nipaweb). The VSL is then $8.7 million and the monetized value of 
avoiding a serious, non-fatal injury is $62,500. When fatalities and 
injuries are monetized, the total monetized benefits of the standard 
from preventing crane accidents is $202.3 million annually from those 
sources.
    The Agency estimates that the total cost of the final standard is 
about $154.1 million annually. Based on comment in the record, the 
Agency increased unit costs for ground conditions and ``controlling 
entity'' duties for some sectors, crane operator certification, and 
power line compliance provisions. The record showed that relatively 
more crane operators are already certified, and the Agency reduced 
costs by that factor. The total estimated costs increased due to the 
inclusion of some general industry sectors which perform construction 
activities, as well as increases in unit costs. The net benefit of the 
standard is $55.2 million annually (total benefits of $ 209.3 million 
less costs of $154.1 million annually).
    The economic impact on affected employers, in terms of costs versus 
revenues, ranged from 0.01 percent to 0.2 percent, for an average-size 
employer. When annual costs are compared to profits, impacts range from 
0.1 percent to 4 percent, for the average employer. Impacts were 
highest for employers who owned and rented cranes. The final standard 
is technologically feasible for employers as it does not contain any 
requirements that are not capable of being done. The Agency also 
concludes that the final standard is economically feasible, as the 
highest impacts are on employers who own and rent cranes and even that 
impact is no more than 4 percent. Cost and impacts of that magnitude 
are far less than the typical yearly swings in revenues and profits for 
the construction industry. Economic impacts on small business are 
presented below in the Final Regulatory Flexibility Analysis.
    Based on comment in the record, some employees may bear the cost of 
crane operator certification (that is, pay for their own 
certification). The Agency attributes all costs of crane operator 
certification to employers in the analysis, though. There may also be 
language and literacy barriers for operator certification that some 
current operators may not be able to surmount. Table B-1 summarizes the 
benefits and costs of this final standard.

    Table B-1--Annual Benefits, Costs, and Net Benefits, 2010 Dollars
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Annualized Costs*:
    Crane Assembly/Disassembly........  $16.3 million.
    Power Line Safety.................  $68.2 million.
    Crane Inspections.................  $16.5 million.
    Ground Conditions.................  $ 2.3 million.
    Operator Qualification and          $50.7 million.
     Certification.
                                       ---------------------------------
        Total Annual Costs:...........   $154.1 million.
 
Annual Benefits:
    Number of Injuries Prevented......  175.
    Number of Fatalities Prevented....  22.
    Property Damage from Tipovers       $7 million.
     Prevented.
                                       ---------------------------------

[[Page 48080]]

 
        Total Monetized Benefits......  $209.3 million.
Annual Net Benefits (Benefits minus     $55.2 million.
 Costs).
------------------------------------------------------------------------
Source: OSHA Office of Regulatory Analysis.
* Costs with 7% discount rate. Total costs with 3% discount rate: $150.4
  million annually.

2. Need for the Rule and Market Failure
    Occupational safety problems, such as safety problems associated 
with cranes and derricks, routinely involve the following 
characteristics that lead to market failures:
    (1) A variety of situations in which one party (employers, fellow 
employees) take actions that impose risks of death and injuries on 
other parties (employees);
    (2) The risk in question may not be well understood by any party, 
or also subject to asymmetric information (the employer will typically 
know more about the risks than employees);
    (3) The costs of the risks are routinely transferred to other 
parties who typically lack the information necessary for a precise 
estimate of the costs of the transfer, or are not permitted to price 
transfers appropriately (insurers are routinely forced to use premium 
systems that do not capture all possible knowledge about risk).

These characteristics mean that markets will not adequately capture the 
risk involved, and thus regulations are needed. (See Chapter 1 of the 
FEA for more detail.)
3. Industry Profile/Affected Industries
    The final standard would affect employers and employees across most 
construction industry sectors as well as some in some general industry 
sectors where cranes and derricks are used as part of the performance 
of work duties. These industries include firms involved in renting 
cranes for use in construction projects such as: Multi-family housing; 
industrial buildings and warehouses; other nonresidential buildings; 
highway and street construction; and water, sewer, power, and 
communication line construction. As in the preliminary economic 
analysis (PEA), the Agency has grouped affected establishments, by 
industry, into the following categories for analyzing the final 
standard:
     Crane Rental with Operators,
     Crane Rental without Operators,
     Own and Rent Cranes with Operators,
     Own but Do Not Rent, and
     Crane Lessees in the Construction Industry (referred to 
simply as ``Crane Lessees'' throughout).

The affected firms and establishments, including information on number 
of employees, revenues, and profits, are presented below in Table B-2. 
In some sectors the number of cranes has changed from the PEA because 
the analysis has been updated with revenue data from the 2006 County 
Business Patterns (CPB) and Statistics of U.S. Businesses (SUSB), and 
in those sectors the number of cranes was estimated from revenues.
    The PEA accompanying the proposed standard presented an industry 
profile describing crane use in all sectors of the traditional 
construction industries, the current NAICS 233-236 (the older SICs 16, 
17, and 18) and the crane rental industry sector in general industry, 
NAICS 53214. There were no comments objecting to the inclusion of these 
sectors in the economic analysis. However, there was comment from some 
general industry sectors following publication of the proposal. They 
noted that the PEA had focused exclusively on the construction industry 
and had not captured costs or benefits for general industry employers 
who own equipment covered by the standard and engage in construction 
activity in addition their primary work in the various general industry 
sectors.

                               Table B-2--Industrial Profile of Affected Firms and Establishments for the Proposed Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Affected                                Average per estab.
                                                                           --------------------------------------- Profit rate -------------------------
                  NAIC                                Industry                                                      (percent)     Revenues     Profits
                                                                               Firms        Estabs     Employees                   $1,000       $1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990.................................  All Other Specialty Trade Cont...        1,244        1,304       16,244         4.56       $1,918          $88
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412.................................  Const./Min./For. Machine & Equip.        2,137        3,702       48,481         6.42        3,427          220
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................................  New Single-Family Housing Const..          178          178          261         4.67          220           10
236118.................................  Residential Remodelers...........           25           25           45         4.67          443           21
236210.................................  Industrial Building Construction.            9           12        1,067         4.67       12,213          571
236220.................................  Commercial and Institutional                23           31          757         4.67        4,157          194
                                          Building.
237110.................................  Water and Sewer Line and Related            52           69        1,432         5.22        4,107          214
                                          Struct.
237120.................................  Oil and Gas Pipeline and Related            20           26        1,457         5.22        5,510          288
                                          Struct.
237130.................................  Power and Communication Line and            34           34          666         5.22        2,880          150
                                          Rel.
237310.................................  Highway, Street, and Bridge                 80          107        6,456         5.22       11,783          615
                                          Construction.
237990.................................  Other Heavy and Civil Engineering           76          101        5,857         5.22       10,201          533
                                          Const.

[[Page 48081]]

 
238110.................................  Poured Concrete Foundation and             261          261        4,328         4.42        2,273          101
                                          Struct.
238120.................................  Structural Steel and Precast               200          266        7,389         4.42        3,439          152
                                          Concrete.
238130.................................  Framing Contractors..............           26           26          120         4.42          153            7
238150.................................  Glass and Glazing Contractors....           42           42          328         4.42          616           27
238170.................................  Siding Contractors...............            5            5           18         4.42          496           22
238190.................................  Other Foundation, Structure, and            49           65        1,145         4.42        1,509           67
                                          Building.
238210.................................  Electrical Contractors...........           15           15          176         4.32        1,303           56
238220.................................  Plumbing, Heating, and Air-                  2            3          196         3.86        5,835          225
                                          Conditioning.
238290.................................  Other Building Equipment                   113          151        4,076         4.42        3,474          154
                                          Contractors.
238320.................................  Painting and Wall Covering                  21           21          159         4.42          916           41
                                          Contractors.
238910.................................  Site Preparation Contractors.....          400          400        4,706         4.56        1,668           76
                                                                           ---------------------------------------
                                            Subtotal......................        1,630        1,838       40,639
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Own but Do Not Rent
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................................  New Single family housing                3,097        3,097       13,621         4.67        1,520           71
                                          construction.
236116.................................  New Multifamily housing                    217          217        2,219         4.67        5,477          256
                                          construction.
236117.................................  New housing operative builders...        1,699        1,699       12,015         4.67        6,021          281
236118.................................  Residential Remodelers...........          985          985        3,201         4.67          646           30
236210.................................  Industrial building construction.          276          325        9,359         4.67        5,931          277
236220.................................  Commercial and Institutional             4,141        4,141       71,536         4.67        7,177          335
                                          Bldg. Const.
237110.................................  Water and Sewer Line Const.......        1,028        1,371       20,306         5.22        3,239          169
237120.................................  Oil and gas pipeline construction          128          171        9,276         5.22        9,189          480
237130.................................  Power and communication line               213          285       12,600         5.22        5,581          291
                                          const.
237210.................................  Land subdivision.................            0            0            0        11.04        2,878          318
237310.................................  Highway, street and bridge const.           88          118        4,308         5.22        8,279          432
237990.................................  Other heavy and civil eng........          273          273        7,564         5.22        3,965          207
238110.................................  Poured Concrete foundation and             267          267        3,070         4.42        1,682           74
                                          struct.
238120.................................  Structural steel and precast               334          334        7,250         4.42        2,712          120
                                          concrete.
238130.................................  Framing Contractors..............        1,395        1,395       11,834         4.42          936           41
238140.................................  Masonry Contractors..............          137          137        1,304         4.42          876           39
238150.................................  Glass & Glazing Contractors......           54           54          504         4.42        1,470           65
238160.................................  Roofing Contractors..............          197          197        2,262         4.42        1,390           61
238170.................................  Siding Contractors...............           53           53          215         4.42          580           26
238190.................................  Other foundation, structure,                25           25          158         4.42        1,013           45
                                          building, ext.
238210.................................  Electrical Contractors...........           78           78          771         4.32        1,321           57
238220.................................  Plumbing, Heating and Air-                  98           98          974         3.86        1,473           57
                                          conditioning Cont.
238290.................................  Other building equipment cont....           49           65        1,237         4.42        2,959          131
238310.................................  Drywall and insulation                       0            0            0         4.42        1,751           77
                                          contractors.
238320.................................  Painting and wall covering                  41           41          234         4.42          530           23
                                          contractors.
238330.................................  Flooring Contractors.............            0            0            0         4.42          811           36
238340.................................  Tile and Terrazzo contractors....            0            0            0         4.42          698           31
238350.................................  Finish Carpentry contractors.....            0            0            0         4.42          678           30
238390.................................  Other building finishing                     0            0            0         4.42        1,091           48
                                          contractors.
238910.................................  Site Preparation.................          389          389        2,825         4.56        1,416           65
221110.................................  Electric Power Generation........          524        2,101      117,236         4.44       43,042        1,911
221120.................................  Electric Power Transmission,             1,232        7,393      376,434         4.44       37,443        1,662
                                          Control, and Distribution.
221210.................................  Natural Gas Distribution.........          526        2,458       78,813         2.98       30,459          907
321213.................................  Engineered Wood Member (except             132          162        8,499         3.87       19,027          737
                                          Truss) Manufacturing.
321214.................................  Truss Manufacturing..............          902        1,085       51,270         3.87        5,972          231
336611.................................  Ship Building and Repairing......          575          635       87,352         6.09       23,071        1,406
339950.................................  Sign Manufacturing...............        6,291        6,415       89,360         5.83        1,761          103

[[Page 48082]]

 
423310.................................  Lumber, Plywood, Millwork, and           6,450        8,715      153,761         2.89       14,905          430
                                          Wood Panel Merchant Wholesalers.
423330.................................  Roofing, Siding, and Insulation          1,142        2,762       40,643         2.89        8,985          259
                                          Material Merchant Wholesalers.
423390.................................  Other Construction Material              2,363        3,155       36,914         2.89        4,859          140
                                          Merchant Wholesalers.
423730.................................  Warm Air Heating and Air-Cond.           2,533        5,193       55,606         3.08        5,413          167
                                          Equip. and Supplies.
444110.................................  Home Centers.....................        2,553        6,749      573,183         7.70       21,816        1,679
454312.................................  Liquefied Petroleum Gas (Bottled         2,307        5,567       43,583         4.22        1,698           72
                                          Gas) Dealers.
482110.................................  Railroads........................           NA           NA           NA           NA           NA           NA
486210.................................  Pipeline Transportation of                 127        1,363       22,248        13.24       15,037        1,990
                                          Natural Gas.
517110.................................  Wired Telecommunications Carriers        2,517       27,159      634,540         7.10        7,294          518
                                                                           ---------------------------------------
                                            Subtotal......................       45,436       96,725    2,568,084
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................................  New Single family housing               31,054       31,054      136,601         4.67        3,040          142
                                          construction.
236116.................................  New Multifamily housing                  2,173        2,173       22,192         4.67       10,954          512
                                          construction.
236117.................................  New housing operative builders...       16,989       16,989      120,146         4.67       12,041          563
236118.................................  Residential Remodelers...........        9,848        9,848       32,021         4.67        6,456          302
236210.................................  Industrial building construction.        3,264        3,264       93,931         4.67        5,931          277
236220.................................  Commercial and Institutional            41,438       41,438      715,896         4.67        7,177          335
                                          Bldg. Construction.
237110.................................  Water and Sewer Line Const.......       13,774       13,774      204,085         5.22        3,239          169
237120.................................  Oil and gas pipeline construction        1,301        1,734       94,176         5.22        9,189          480
237130.................................  Power and communication line             2,147        2,862      126,753         5.22       11,163          583
                                          const.
237210.................................  Land subdivision.................            0            0            0        11.04            0            0
237310.................................  Highway, street and bridge const.          890        1,186       43,471         5.22       82,791        4,323
237990.................................  Other heavy and civil eng........        2,781        2,781       77,036         5.22        7,931          414
238110.................................  Poured Concrete foundation and           1,348        1,348       15,498         4.42       33,636        1,487
                                          struct.
238120.................................  Structural steel and precast             3,608        3,608       78,266         4.42        2,712          120
                                          concrete.
238130.................................  Framing Contractors..............       13,974       13,974      118,502         4.42        1,249           55
238140.................................  Masonry Contractors..............        1,372        1,372       13,035         4.42       17,527          775
238150.................................  Glass & Glazing Contractors......          547          547        5,080         4.42       14,698          650
238160.................................  Roofing Contractors..............        1,966        1,966       22,620         4.42       13,903          615
238170.................................  Siding Contractors...............          527          527        2,152         4.42       11,596          513
238190.................................  Other foundation, structure,               258          258        1,599         4.42       20,266          896
                                          building, ext.
238210.................................  Electrical Contractors...........          776          776        7,712         4.32      132,128        5,714
238220.................................  Plumbing, Heating and Air-                 981          981        9,744         3.86      147,307        5,685
                                          conditioning Cont.
238290.................................  Other building equipment cont....        4,997        6,663      126,559         4.42        2,959          131
238310.................................  Drywall and insulation                       0            0            0         4.42            0            0
                                          contractors.
238320.................................  Painting and wall covering                 415          415        2,346         4.42       52,995        2,343
                                          contractors.
238330.................................  Flooring Contractors.............            0            0            0         4.42            0            0
238340.................................  Tile and Terrazzo contractors....            0            0            0         4.42            0            0
238350.................................  Finish Carpentry contractors.....            0            0            0         4.42            0            0
238390.................................  Other building finishing                     0            0            0         4.42            0            0
                                          contractors.
238910.................................  Site Preparation.................        3,927        3,927       28,543         4.56       14,164          647
                                                                           ---------------------------------------
                                            Subtotal......................      160,352      163,463    2,097,963
                                                                           ---------------------------------------
                                            Total.........................      210,800      267,032    4,771,411
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Census Bureau data; Country Business Patterns, 2006; Statistics of U.S. Businesses 2006; Internal Revenue Service, Source Book, profit
  rates over 2000-2006.


[[Page 48083]]

    These employers either routinely have a few tasks that can be 
considered construction activity or infrequently engage in construction 
projects with cranes at their own facilities. (``Cranes'' will be used 
throughout this section to refer to all covered equipment by the final 
standard: Cranes, derricks, pile driving equipment, and so forth.) 
Comment in the record indicates that the industry sectors in the table 
below have some construction activity involving cranes within the scope 
of the final standard, and the Agency has made a determination that 
their construction activity with cranes does, in fact, fall under the 
final standard. Table B-3 below identifies the sectors in general 
industry that were identified during the rulemaking, and the Agency 
concludes will be affected by the final standard.

               Table B-3--General Industry Sectors That Perform Construction Work Involving Cranes
----------------------------------------------------------------------------------------------------------------
              NAICS                      Industry        Exhibits that identify affected general industry sector
----------------------------------------------------------------------------------------------------------------
221110...........................  Electric Power        ID-0155.1; -0201.1; -0203.1; -0215.1; -0328.1; -0342; -
                                    Generation.           0344; -0367.1; -0369.1; -0408.1
221120...........................  Electric Power
                                    Transmission,
                                    Control, and
                                    Distribution.
221210...........................  Natural Gas           ID-0163.1; -0234; -0238.1; -0344
                                    Distribution.
321213...........................  Engineered Wood       ID-0218.1
                                    Member Mfg.
321214...........................  Truss Mfg...........  ID-0218.1
336611...........................  Ship Building and     ID-0195.1
                                    Repairing.
339950...........................  Sign Manufacturing..  ID-0189.1; -0344; -0386.1; -0386.2
423310...........................  Lumber, Plywood,
                                    Millwork, and Wood
                                    Panel Merchant.
423330...........................  Roofing, Siding, and  ID-0145.1; -0147.1; -0184.1; -0206.1; -0208; -0218.1; -
                                    Insulation Material   0232.1; -0233.1; -0299.1; -0341; -0343; -0372.1; -
                                    Merchant W.           0380.1; -0380.2; -0381.1; -0384.1
423390...........................  Other Construction
                                    Material Merchant
                                    Wholesalers.
423730...........................  Warm Air Heating and  ID-0165.1; -0235.1
                                    Air-Cond. Equip.
                                    and Supplies.
454312...........................  Liquefied Petroleum   ID-0198.1
                                    Gas (Bottled Gas)
                                    Dealers.
482110...........................  Railroads...........  ID-0170.1; -0176.1; -0291; -0342
486210...........................  Pipeline              ID-0163.1; -0328.1; -0344
                                    Transportation of
                                    Natural Gas.
517110...........................  Wired                 ID-0155.1; -0234; -0328.1; -0344
                                    Telecommunications
                                    Carriers.
----------------------------------------------------------------------------------------------------------------
Source: Office of Regulatory Analysis.

    The Agency concludes that general industry's permanently installed 
overhead and gantry cranes should be covered under general industry 
standards rather than the final construction crane standard, even if 
they perform incidental construction work (see discussion of Sec.  
1926.1400, Scope). However, all other general industry cranes, whether 
mobile or permanently installed, are covered under the final standard 
to the extent that they perform construction work.
    Several general industry sectors that commented in the rulemaking 
will not be affected by the final standard because their only 
interaction with construction consists of making deliveries of 
materials to the ground at construction sites. Several commenters noted 
that their industry only made deliveries to the ground. (ID-0236; -
0299.1.) The Agency has made clear in the Scope section above that the 
delivery process from truck to ground is not considered to be a 
construction activity covered by its construction standards. For that 
reason, brick manufacturers, pre-cast concrete products manufacturers, 
and all other distributors of similar supplies are not affected by the 
standard because they only deliver materials from truck bed to ground.
    However, the Agency views deliveries into or onto structures 
differently--as construction activity within the purview of the 
standard. Therefore, industries that deliver materials into or onto 
structures with articulating cranes are included in the industry 
profile. The final standard exempts such deliveries for articulating 
cranes with automatic overload protection devices (AOPDs). If all such 
articulating cranes had these devices, then affected industries 
(building supply, lumber yards, HVAC distributors, for example) would 
be exempt. The Agency had comment in the record that newer articulating 
cranes for building material supply are equipped with AOPDs, but the 
Agency concludes that there are still older models of articulating 
cranes making building supply deliveries, and that these affected 
employers would be covered by the standard--chiefly by the requirement 
for operator certification.
    The electric utility industry made several comments to the record. 
(ID-0144; -0155.1; -0163.1; -0200; -0203.1; -0213; -0215; -0226; -
0345.17; -0408.1.) This industry is affected by the standard both 
because they have digger derricks and other cranes that perform 
construction work from time to time, and because utilities must provide 
voltage information and participate in meetings with contractors to 
determine power line safety. Although digger derricks are exempted from 
the final standard for all work on utility poles, several commenters 
made clear that they are routinely used for lifting in other work 
settings (ID-0328.1; -0344). For construction crane activities by 
electric utilities, the main impact of the final standard is to require 
that operators be certified, as all linemen currently received 
extensive training in crane safety practices and procedures otherwise 
(ID-0155.1; -0344; -0345.17). The Agency also learned through comment 
that the telecommunications industry uses digger derricks and truck-
mounted cranes, and this industry is included in the standard's 
industry profile as well.
    The Federal Railroad Agency has jurisdiction over most of the work 
done by railroads. The Agency has concluded

[[Page 48084]]

that railroads will not be affected by the final standard.
    All of the affected general industry sectors have been added to the 
industry profile in the category of employers who ``Own but do not 
Rent.'' With respect to the industries not included in the PEA, the 
Agency has taken a conservative approach to not underestimate costs, 
and therefore economic impacts, on these sectors. The traditional 
construction industry sectors have remained unchanged. The data for all 
sectors has been updated with information from the 2007 Economic 
Census, 2006 County Business Patterns, and 2006 Statistics for U.S. 
Businesses for number of firms, establishments, and revenues. Table B-2 
presents information about the affected industry sectors: the number of 
affected establishments, employees, industry profit rates, and average 
revenues and profits for affected establishments.
Estimating the number of establishments and cranes covered by the 
standard in general industry
    To estimate the number of establishments and cranes in general 
industry sectors affected by the final cranes standard, the Agency 
relied on: comment in the record; 2006 CPB and SUSB, and occupational 
data from the Bureau of Labor Statistics' Occupational and Employment 
Statistics, May, 2008 Occupational Employment and Wage Estimates, 
extracted from 4-digit NAICS industry-specific estimates (Nov. 4, 2009 
from http://bls.gov/oes/oes_dl.htm). The Agency's purpose in 
estimating the number of cranes in the affected general industry 
sectors is to estimate the costs employers will bear and demonstrate 
that the standard is economically feasible. For some industries below, 
the Agency's estimates are certainly high--overestimates, but the 
ultimate purpose here is not to predict or forecast cost estimates, but 
to show that even if more cranes are affected and more costs result 
from the final standard, the standard is still economically feasible. 
In addition, since economic impacts are measured as the costs for 
affected employers, the total number of affected cranes in a sector 
does not alter the measure of impact on an affected employer. Although 
a higher total number of cranes in a sector obviously changes the 
estimated total cost of the entire standard. For example, if an average 
employer in the industry sector has 10 employees and the Agency 
estimates one crane and one crane operator, it does not affect how 
economic impact is measured whether there is one crane in the industry 
or 50. The impact of costs as a fraction of revenues and profits are, 
on average, the same for each affected employer. As a result, though 
the Agency will try to estimate the number of affected employers, the 
exact number is not critical to the economic feasibility finding that 
is essential for the rule. In addition, although all of the sectors 
below engage in crane construction activities, some likely may contract 
such work out and would then only be affected by the final standard 
indirectly.
Estimating the number of cranes and crane operators in affected general 
industry sectors
     Electric Power Generation (NAICS 221110) and Electric 
Power Transmission Control, and Distribution (NAICS 221120). The Agency 
is basing its estimate of affected cranes and crane operators on the 
industry profile and cost analysis for subpart V, Table 5.1. (ID-
0389.2.) Table 5.1 shows that the two industries had about 114,500 
employees working on power lines affected by subpart V in about 7,600 
crews for Electric Power Generation and about 12,600 crews in the 
Transmission, Control, and Distribution sector. Together, in total, the 
Agency estimated that the industry was using about 20,200 powered 
vehicles, one for each crew. OSHA concludes that each sector has one 
piece of equipment, such as a digger derrick, bucket truck, or truck-
mounted crane that each crew works with (in crew sizes of 3 or 6). 
Further, based on several comments in the record that digger derricks 
perform crane-related work in substations and other locations (ID-
0155.1; -0201.1; -0328.1; -0344), the Agency concludes that each digger 
derrick would need a certified operator to work as the industry 
customarily has. Other comment in the record suggests that journeymen 
are often hired as if each is completely trained in all aspects of work 
(ID-0155.1; -0344); hence the industry has asserted that to maintain 
this arrangement all linemen would have to receive crane operator 
certification, which would be prohibitively expensive (ID-0203.1; -
0367.1). However, another comment in the record indicated that for each 
crew, individuals have specific assignments--that not all journeymen 
are given responsibility for operating lifting devices, whether that be 
a bucket truck or aerial lift, a crane, or a digger derrick. (ID-0344.) 
Comment in the record indicates that, roughly, equipment is equally 
divided between equipment that is covered by the standard (digger 
derricks and boom trucks) and bucket trucks, which are not. (ID-0344.) 
The record also indicates that journeymen are extensively trained in 
apprenticeship programs in the use of their powered equipment, and that 
the primary cost of meeting the duties of the final standard is 
certifying crane operators. (ID-0155.1; -0344.) The Agency can also 
estimate based on comment in the record that there are far more digger 
derricks than boom trucks, in a ratio of about 85:15, based on reports 
of 16 of Edison Electric's members who provided information in the 
record and identified their types of equipment. The PEA in subpart V 
was based on the 2002 Economic Census. The 2007 Census shows that 
employment in NAICS 221110 has fallen to 78 percent of the 2002 level 
and employment in NAICS 221120 has fallen to 90 percent of the 2002 
figure. However, there was no information in the record that showed the 
number of linemen or pieces of equipment had declined; so the Agency is 
basing its estimate of the number of employees who would be certified 
to use the equipment covered under the final standard as presented in 
subpart V's PEA Table 5.1. Neither of the affected industry sectors has 
objected to certifying operators of their truck-mounted cranes; yet if 
it were necessary that every lineman perform every function, that would 
surely also necessitate certifying every journeyman as well. The Agency 
concludes that it is not necessary to certify every journeyman as a 
crane operator for the industry to continue to efficiently use their 
equipment and manpower. If the industries are still operating as many 
as 20,200 powered vehicles, and about one-half are digger derricks and 
truck-mounted cranes, then, at the very bare minimum, to have an 
operator in each piece of equipment potentially covered by the final 
standard would require certifying 10,100 as crane operators. However, 
having the bare minimum, the Agency recognizes, would not afford the 
industries the same flexibility and efficiency as it now has nor is 
every employee available to work every day of the year. However, the 
Agency believes that certifying 30,000 journeymen as crane operators 
would afford a sufficient number that each piece of covered equipment 
(digger derricks and truck-mounted cranes) would in almost all 
situations have a journeyman certified as a crane operator available to 
perform work addressed by the final standard in a crew. Work that is 
construction work and covered by the final standard, and not subpart V, 
is not an every day occurrence for the two industry sectors. Indeed, 
the Agency believes that this estimate is likely higher than the most 
efficient solution that these two

[[Page 48085]]

industries will devise, but, for purposes of showing that the final 
standard is economically feasible even with this many journeymen 
certified as crane operators, the Agency believes it is sufficient. 
Accordingly, the Agency estimates that NAICS 221110 Electric Power 
Generation will expend resources to certify about 10,000 journeymen as 
crane operators, and NAICS 221120 Electric Power Transmission, Control, 
and Distribution about 20,000.
     Two natural gas sectors are potentially affected by the 
final standard: NAICS 221210 Natural Gas Distribution and 486210 
Pipeline Transportation of Natural Gas. Both industries were reported 
to be impacted by the final standard. (ID-0155.1; -0328.1; -0344.) 
NAICS 237120 Oil and Gas Pipeline Construction performs much of the 
construction of new gas pipelines, the Agency concludes. However, the 
two natural gas sectors likely also perform some pipeline work 
themselves--or at least some employers in the industries do. Sideboom 
cranes are commonly used in pipeline construction, but are exempt from 
the requirement for crane operator certification. The Agency concludes 
that the major significant cost for these industries is certifying 
operators for their other, mostly truck-mounted cranes. Power line 
safety issues occur most often below ground, and the Agency concludes 
that the industry already addresses these issues, based on comments 
(ID-0155.1; -0344). The 2006 CPB and SUSB shows that Natural Gas 
Distribution sector has 2,458 establishments and 78,813 employees; 
while Pipeline Transportation of Natural Gas has 1,363 establishments 
with 22,248 employees. According to BLS' 2008 Occupational Employment 
survey, Natural Gas Distribution has 2,390 employees who are electric 
line installers, 950 who are operating engineers and other construction 
equipment operators, 1,180 heavy truck drivers and tractor trailer 
drivers, and no crane operators. For the Pipeline Transportation of 
Natural Gas, the employment figures are 50, 130, zero, and also no 
crane operators, respectively, for the same employment categories. The 
Agency concludes that the Natural Gas Distribution industry is 
performing significant pipeline work, mainly with excavation equipment, 
and each company on average has over 30 employees. The Agency concludes 
that the average employer in this industry may be using one crane that 
is not a sideboom crane and needs to certify the operator for new 
construction work that would be covered by the standard. The Agency 
also concludes that the Pipeline Transportation of Natural Gas has 
considerably less construction activity that would involve cranes 
covered by the final standard and that the average establishment or 
employer only has about 10 employees. The Agency estimates that as few 
as 50 employers in this industry sector are using equipment in 
construction activity that would necessitate certifying crane 
operators.
     The Structural Building Components Association (SBCA) 
commented in the record that many of their members use ``boom crane 
trucks to deliver and/or set their products at the jobsite.'' (ID-
0218.1.) Their members manufacture ``roof and floor trusses, wall 
panels, I-joists, engineered wood beams, plywood and oriented strand 
board * * *. In most instances the components are simply unloaded at 
the jobsite, using either a custom roll-off trailer, a forklift, or a 
boom truck crane, and left for the builder to install. It is not 
uncommon for a component manufacturer who utilizes a boom truck to 
deliver both in markets that require hoisting and setting of components 
(thus engaging in construction activity) and those that require 
delivery of the components and other building materials on the ground 
(not a construction activity).'' (ID-0208.1.) SBCA viewed their crane 
operations as low risk and asked for an exemption to eliminate training 
burden. Under the final standard, delivery of materials onto or into 
the structure, such as setting components, is a construction activity 
covered under the final standard. SBCA did not mention the use of 
articulating cranes, which with a lifting movement limiting device, 
would in fact exempt their equipment from the standard, and thus OSHA 
concludes that these affected industries are only employing boom 
trucks. The Agency, based on SBCA's comment, concludes that the primary 
affected industries are NAICS 321213 Engineered Wood Member (except 
Truss) Manufacturing and NAICS 321214 Truss Manufacturing. Engineered 
Wood Member Manufacturing has 162 establishments and 51,270 employees 
(2006 CPB and SUSB). Truss Manufacturing has 1,085 establishments and 
51,270 employees. According to the 2008 Occupational Employment Survey, 
the four-digit NACIS 32120 Veneer, Plywood, and Engineered Products 
industry has 120 crane operators, 2,240 drivers of heavy trucks and 
tractor trailers, and 420 drivers of delivery trucks (total employment 
of 98,000). The Agency concludes that typical employers in these two 
sectors, with about 50 employees, likely employ one to two boom trucks 
for delivery. Truss manufacturers are much more likely to use boom 
trucks for delivery and placement of components--and therefore fall 
under the scope of the standard--than manufacturers of engineered wood 
members, the Agency concludes, because the small equipment typically 
used by the latter employers would not be capable of lifting heavy 
members for placement (ID-0208.1). In addition, the relatively few 
engineered wood member manufacturers produce specialty items and do not 
simply serve more local or regional markets as do truss manufacturers. 
The Agency concludes that employers in this latter industry are much 
more likely to transport their products longer distances and deliver to 
the ground. These products are also more typically used only in larger 
residential and commercial applications, where an on-site crane would 
lift and position them for installation. As SBCA noted in its comment, 
most deliveries are made to the ground. The Agency concludes that, on 
average, employers in the Engineered Wood Member industry employ one 
truck-mounted crane and employers in the Wood Truss manufacturing 
industry also employ one, on average. According to comments by SBCA, 
employers are likely already meeting all of the other safety 
requirements in the final standard save for crane operator 
certification. (ID-0208.1.)
     A comment by a major shipyard alerted the Agency to the 
potential impact of the final construction cranes standard on the 
Shipbuilding and Repair Industry NACIS 336611. (ID-0195.1.) When 
shipyard cranes perform construction activities, they will be covered 
by the final standard; although the final standard exempts permanently 
installed overhead and gantry cranes in general industry. According to 
the 2008 Occupational Employment Survey, there are 550 crane operators 
in the shipyard and boatbuilding industries (the four-digit NAICS 
33660). Northrup-Grumann in its comment reported that it alone employs 
600 cranes throughout its shipyards around the country. (ID-0195.1.) 
Northrup-Grumann's 40,000 current employees represent about one-half of 
the employment in the shipbuilding and ship repair industry, and the 
Agency estimates that: There are about 1,200 cranes in use in shipyards 
and about one-half would be potentially covered by the standard if 
construction activities are performed with them, since many large 
cranes in shipyards are permanently installed. The 1,200 figure is 
surely not an underestimate as

[[Page 48086]]

Northrup-Grumann is the largest shipbuilder in the country and likely 
the most intense user of cranes for its larger projects. Since 
construction activities in shipyards are episodic or irregular, the 
Agency estimates that if shipyard employers provide certification for 
crane operators for one-half of the number of non-permanent cranes 
(with 300 certified operators) that would be sufficient to perform 
their own construction activities without hiring outside construction 
contractors for their needs.
     The final standard potentially affects the general 
industry sector NAICS 339950 Sign Manufacturing. In its comment to the 
record, the International Sign Association reported that it had 2,600 
members, most of whom are small businesses. (ID-0247; -0344.) Not all 
sign manufacturers have cranes or provide installation services, nor 
does the industry build or erect billboards, which is an industry 
properly represented among the traditional construction industries. The 
average employer has about 10 employees, according to the 2006 CPB and 
SUSB data. Although many manufacturers do not use cranes or install 
signs, those that do were said to have one or two cranes (ID-0344). A 
sign manufacturer who participated in the public hearings described his 
business: Revenues of less than $10 million annually, with 70 
employees, nine of whom were in the installation department. (ID-0344.) 
Gelberg sign has two crane trucks for installation, and one bucket 
truck for servicing. Sign manufacturers reported that for large 
projects, employers typically hired crane companies. Based on the 
comment in the record, the Agency has estimated the number of cranes 
and operators in the sign manufacturing sector in the table below. The 
Agency has assumed that the sign making industry has one trained crane 
operator for each crane it uses for installation.

                             Estimation of Number of Cranes in NAICS 339950 Sign Mfg
----------------------------------------------------------------------------------------------------------------
                                                    Estabs                     Avg.                     Total
  Size class  (No. of  employees)    Number  of      with      Employees    number of   Cranes  per  cranes  for
                                       estabs       cranes                  employees      estab.    size  class
----------------------------------------------------------------------------------------------------------------
''1-4.............................        3,308  ...........        6,171            2            0            0
''5-9.............................        1,229  ...........        8,603            7            0            0
''10-19...........................          854          400       11,586           14            1          400
20-49.............................          646          646       19,246           30            1          646
50-99.............................          229          229       16,053           70            2          458
100-249...........................          124          124       18,540          150            5          577
250-500...........................           24           24        7,618          317           10          246
500-999...........................            0  ...........            0  ...........            0            0
1000+.............................            1            1        1,543        1,543           51           51
                                   -----------------------------------------------------------------------------
    Total.........................        6,415  ...........       89,360  ...........  ...........        2,378
----------------------------------------------------------------------------------------------------------------
Source: ORA; 2006 County Business Patterns, SUSB.

     Retail and commercial building supply associations and 
employers provided comment to the record in regard to how the standard 
would affect their businesses. (ID-0184; -0326.1; -0380.1.) The Agency 
concludes that commercial and retail building supply dealers are 
represented in the industries in the table below:

------------------------------------------------------------------------
                   NAICS                                Name
------------------------------------------------------------------------
423310....................................  Lumber, Plywood, Millwork,
                                             and Wood Panel Merchant
                                             Wholesalers.
423330....................................  Roofing, Siding, and
                                             Insulation Material
                                             Merchant Wholesalers.
423390....................................  Other Construction Material
                                             Merchant Wholesalers.
444110....................................  Home Centers.
------------------------------------------------------------------------

    The building supply dealers provided extensive and detailed comment 
to the record--both written comment as well as testimony at the public 
hearings. The key issue for these industries was that their deliveries 
to construction sites were typically not construction work and about 
one-half of all deliveries are to the ground. (ID-0341: -0343.) For 
deliveries onto or into structures, such as drywall into buildings and 
roofing materials up to roofs, they use articulating cranes which have 
controls to prevent tipover, called lifting moment limiting devices 
(LMLD). The Specialty Building Material Distributors and Safety 
Coalition (SBMDSC) in testimony described truck-mounted cranes used to 
deliver drywall, for example, and ``knuckle'' cranes used to deliver 
roofing materials. The Agency has concluded that these are both 
versions of articulating cranes. Both SBMDSC and the National Lumber 
and Building Material Dealers Association repeated several times in 
written comment and public testimony that their articulating cranes had 
LMLDs. (ID-0184; -0326.1; -0341; -0344; -0380.1.) Since the truck-
mounted cranes in use are articulating cranes with LMLDs, they are 
exempt from the rule and these industries will not incur any costs of 
compliance. Although the industries did not report any older truck-
mounted cranes used for deliveries without LMLDs, if these do exist, 
the employer would have the option to use them for deliveries to the 
ground (and be unaffected by the final standard since this is not a 
``construction activity'') or to deliver materials into or onto 
structures by complying with the rule, which would essentially be to 
ensure that their operators are certified, as well as following the 
final standard's specific safety precautions. In addition, operator 
certification is required only within four years after the standard is 
effective, and any older equipment may be replaced in the interim if 
still extant.
     The Heating and Air Conditioning Equipment Distributors 
reported that their deliveries to buildings would be affected by the 
final standard because they often must hoist equipment to the first or 
second floor of buildings, which would qualify as construction work. 
(ID-0235.1.) Deliveries are also made to the ground, and some employers 
do hire crane trucks for some deliveries. The Heating, Air 
Conditioning, and Refrigeration Distributors International (HARDI) 
reported that their 450 members who are wholesale distributors in the 
industry have, on average, 11 branch companies each. According the 2006 
CPB and SUSB, there are 5,193 establishments with 55,606 employees, or 
about 10 to 11 employees per

[[Page 48087]]

employer. The Agency estimates that the typical establishment in the 
industry operates one truck-mounted crane with a single, trained 
operator who must become a certified crane operator under the final 
standard to deliver HVAC equipment onto structures.
     Direct-selling propane dealers use cranes to deliver and 
install LP, or propane, tanks, mostly in rural areas. Installing a new 
tank would constitute a construction activity, and crane use for that 
activity would fall under the final crane standard. The affected 
industry is identified as NAICS 434312 Liquefied Petroleum Gas Dealers. 
According to the 2006 CPB and SUSB there are 5,567 establishments in 
the direct selling sector with 43,583 employees. Clearly, the industry 
is predominantly made up of small businesses, with the average 
establishment having about eight employees, and this is attested to by 
the industry's comment (ID-0198.1). The National Propane Gas 
Association noted that delivering tanks is ``one of the most common 
activities'' performed by propane retail marketers and that ``to 
install these tanks, it often requires the need of a truck-mounted 
crane to lift and/or place the empty ASME tank onto its support or 
foundation.'' (ID-0198.1.) The Agency estimates that each of the retail 
establishments has, on average, a truck-mounted crane that would be 
engaged occasionally in construction activity covered under the rule.
     Locomotive cranes are listed as one of the types of cranes 
covered by the final standard, and several railroads participated in 
the rulemaking. But the Agency has concluded that the Federal Railroad 
Authority has primary authority over crane activity performed by 
railroads. The Agency has concluded that no railroad employers will be 
impacted by the final rule.
     Telecommunications employers were identified by several 
commenters as an industry that would be affected by final standard. 
(ID-0155.1; -0234; -0326.1; -0344.) The telecommunications industry is 
identified as NAICS 517110 Wired Telecommunications Carriers. According 
to the Economic Census the telecommunications industry has about 2,500 
firms, 27,000 establishments and 634,000 employees. There are 89,000 
employees in the industry who are ``telecommunications line installers 
and repairers''--as opposed to the electric power industry's journeymen 
who are ``electric power installers and repairers'' (2008 Occupational 
Employment Survey, or OES). OES reports only 50 power line installers 
are employed in the industry. The telecommunications industry was 
described in comment as engaged in work similar to that of the electric 
power industry--using digger derricks and radial boom trucks to install 
or replace utility poles or in laying underground cable. The Agency 
concludes that telecommunications workers are not primarily engaged in 
constructing and replacing structural members, but in running or 
maintaining communications lines on poles or underground, and therefore 
are far less intensely engaged in activities that require digger 
derricks or cranes. In addition, the industry likely also employs 
construction contractors for its construction work. There is nothing in 
the record to suggest that digger derricks in the telecommunications 
industry are used for activities other than utility pole work. For 
example, they would not be used to hoist transformers or other 
moderately heavy equipment onto utility poles, or at substations or 
other facilities, because telecommunications equipment does not consist 
of such hardware. Digger derricks therefore will largely be exempt from 
the final standard in the telecommunications industry because they do 
not perform construction work in which they hoist loads in other 
construction activities. The Agency estimates that the industry employs 
about 1 truck-mounted crane per firm (for a total of about 3,000), on 
average, that will be covered by the final standard.
    The self-employed owner-operators of cranes doing construction work 
would not be required under the standard to be certified crane 
operators as they do not have employees and are themselves not 
employees. The Agency estimates that about 5 percent of cranes are 
owned and operated by the self-employed, based on BLS data (ID-0025).
    Table B-2 summarizes the industries affected, and the number of 
cranes they use. As can be seen from this table, adding the general 
industry sectors in the manner outlined above results in approximately 
35,000 additional cranes and crane operators. Table B-4 presents 
information about ``small entity'' establishments, as defined by SBA. 
Table B-5 presents information about establishments with fewer than 20 
employees.

                                  Table B-4--Industrial Profile of SBA Defined Small Entities for the Proposed Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Affected                                 Avg.         Avg.
                                                      SBA size  standard   --------------------------------------- Profit rate    revenues   profits per
          NAIC                    Industry               (less than)                                                    %        per estab.     estab.
                                                                               Firms        Estabs     Employees                  ($1,000)     ($1,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990..................  All Other Specialty      $13.0 mil..............        1,231        1,286       13,473         4.56       $1,550          $71
                           Trade Cont.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412..................  Const./Min./For.         $6.5 mil...............        1,782        3,018       19,423         6.42          482           31
                           Machine & Equip.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115..................  New Single-Family        $31.0 mil..............          178          178          261         4.67          220           10
                           Housing Const.
236118..................  Residential Remodelers.  $31.0 mil..............           25           25           45         4.67          443           21
236210..................  Industrial Building      $31.0 mil..............            9           12        1,067         4.67       12,213          571
                           Construction.
236220..................  Commercial and           $31.0 mil..............           23           31          757         4.67        4,157          194
                           Institutional Building.

[[Page 48088]]

 
237110..................  Water and Sewer Line     $31.0 mil..............           52           69        1,432         5.22        4,107          214
                           and Related Struct.
237120..................  Oil and Gas Pipeline     $31.0 mil..............           20           26        1,457         5.22        5,510          288
                           and Related Struct.
237130..................  Power and Communication  $31.0 mil..............           34           34          666         5.22        2,880          150
                           Line and Rel.
237310..................  Highway, Street, and     $31.0 mil..............           80          107        6,456         5.22       11,783          615
                           Bridge Construction.
237990..................  Other Heavy and Civil    $31.0 mil..............           76          101        5,857         5.22       10,201          533
                           Engineering Const.
238110..................  Poured Concrete          $13.0 mil..............          261          261        4,328         4.42        2,273          101
                           Foundation and Struct.
238120..................  Structural Steel and     $13.0 mil..............          200          266        7,389         4.42        3,439          152
                           Precast Concrete.
238130..................  Framing Contractors....  $13.0 mil..............           26           26          120         4.42          153            7
238150..................  Glass and Glazing        $13.0 mil..............           42           42          328         4.42          616           27
                           Contractors.
238170..................  Siding Contractors.....  $13.0 mil..............            5            5           18         4.42          496           22
238190..................  Other Foundation,        $13.0 mil..............           49           65        1,145         4.42        1,509           67
                           Structure, and
                           Building.
238210..................  Electrical Contractors.  $13.0 mil..............           15           15          176         4.32        1,303           56
238220..................  Plumbing, Heating, and   $13.0 mil..............            2            3          196         3.86        5,835          225
                           Air-Conditioning.
238290..................  Other Building           $13.0 mil..............          113          151        4,076         4.42        3,474          154
                           Equipment Contractors.
238320..................  Painting and Wall        $13.0 mil..............           21           21          159         4.42          916           41
                           Covering Contract.
238910..................  Site Preparation         $13.0 mil..............          400          400        4,706         4.56        1,668           76
                           Contractors.
                                                                           -----------------------------------------------------------------------------
                          Subtotal...............  .......................        1,630        1,838       40,639
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Own but Do Not Rent
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115..................  New Single family        $31.0 mil..............        2,905        2,905       11,578         4.67        1,000           47
                           housing construction.
236116..................  New Multifamily housing  $31.0 mil..............          213          213        1,886         4.67        3,400          159
                           construction.
236117..................  New housing operative    $31.0 mil..............        1,263        1,263       10,212         4.67        5,104          239
                           builders.
236118..................  Residential Remodelers.  $31.0 mil..............          825          825        2,721         4.67          543           25
236210..................  Industrial building      $31.0 mil..............          223          262        7,955         4.67        2,570          120
                           construction.
236220..................  Commercial and           $31.0 mil..............        3,614        3,614       60,806         4.67        3,661          171
                           Institutional Bldg.
                           Const.
237110..................  Water and Sewer Line     $31.0 mil..............          917        1,223       17,260         5.22        2,324          121
                           Const.
237120..................  Oil and gas pipeline     $31.0 mil..............           98          131        7,885         5.22        3,743          195
                           construction.
237130..................  Power and communication  $31.0 mil..............          219          291       10,710         5.22        4,656          243
                           line const.
237210..................  Land subdivision.......  $6.0 mil...............            0            0            0        11.04            0            0
237310..................  Highway, street and      $31.0 mil..............           69           93        3,662         5.22        3,225          168
                           bridge const.
237990..................  Other heavy and civil    $31.0 mil..............          511          511        6,429         5.22        1,500           78
                           eng.
238110..................  Poured Concrete          $13.0 mil..............          108          108        2,609         4.42        1,000           44
                           foundation and struct.
238120..................  Structural steel and     $13.0 mil..............          394          394        6,162         4.42        1,425           63
                           precast concrete.
238130..................  Framing Contractors....  $13.0 mil..............        1,060        1,060       10,059         4.42          798           35
238140..................  Masonry Contractors....  $13.0 mil..............          128          128        1,108         4.42          675           30
238150..................  Glass & Glazing          $13.0 mil..............           48           48          428         4.42          900           40
                           Contractors.
238160..................  Roofing Contractors....  $13.0 mil..............          230          230        1,923         4.42          801           35

[[Page 48089]]

 
238170..................  Siding Contractors.....  $13.0 mil..............           33           33          183         4.42          600           27
238190..................  Other foundation,        $13.0 mil..............            7            7          134         4.42          900           40
                           structure, building,
                           ext.
238210..................  Electrical Contractors.  $13.0 mil..............           60           60          655         4.32        1,100           48
238220..................  Plumbing, Heating and    $13.0 mil..............           86           86          828         3.86        1,100           42
                           Air-conditioning Cont.
238290..................  Other building           $13.0 mil..............           33           44        1,051         4.42        1,664           74
                           equipment cont.
238310..................  Drywall and insulation   $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238320..................  Painting and wall        $13.0 mil..............           37           37          199         4.42          419           19
                           covering contractors.
238330..................  Flooring Contractors...  $13.0 mil..............            0            0            0         4.42            0            0
238340..................  Tile and Terrazzo        $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238350..................  Finish Carpentry         $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238390..................  Other building           $13.0 mil..............            0            0            0         4.42            0            0
                           finishing contractors.
238910..................  Site Preparation.......  $13.0 mil..............          262          262        2,401         4.56          962           44
221110..................  Electric Power           4M mwh.................          293          301       99,651         4.44        7,313          325
                           Generation.
221120..................  Electric Power           4M mwh.................          337          358      319,969         4.44        6,882          306
                           Transmission, Control,
                           and Distribution.
221210..................  Natural Gas              500....................          442          591       66,991         2.98       28,428          847
                           Distribution.
321213..................  Engineered Wood Member   500....................          121          127        7,224         3.87        4,720          183
                           (except Truss)
                           Manufacturing.
321214..................  Truss Manufacturing....  500....................          871          914       43,580         3.87        4,706          182
336611..................  Ship Building and        1000...................          575          635       74,249         6.09       10,204          622
                           Repairing.
339950..................  Sign Manufacturing.....  500....................        6,261        6,339       75,956         5.83        1,532           89
423310..................  Lumber, Plywood,         100....................        5,971        6,326      130,697         2.89        7,084          204
                           Millwork, and Wood
                           Panel Merchant
                           Wholesalers.
423330..................  Roofing, Siding, and     100....................        1,025        1,173       34,547         2.89        7,159          207
                           Insulation Material
                           Merchant Wholesalers.
423390..................  Other Construction       100....................        2,181        2,296       31,377         2.89        3,260           94
                           Material Merchant
                           Wholesalers.
423730..................  Warm Air Heating and     100....................        2,364        2,958       47,265         3.08        3,790          117
                           Air-Cond. Equip. and
                           Supplies.
444110..................  Home Centers...........  $7.0 mil...............        2,409        2,575      487,206         7.70        2,335          180
454312..................  Liquefied Petroleum Gas  50.....................        2,044        2,317       37,046         4.22        2,415          102
                           (Bottled Gas) Dealers.
482110..................  Railroads..............  NA.....................           NA           NA           NA           NA           NA           NA
486210..................  Pipeline Transportation  $7.0 mil...............           65           66       18,911        13.24        8,345        1,105
                           of Natural Gas.
517110..................  Wired                    1500...................        2,517       27,159      539,359         7.10        7,294          518
                           Telecommunications
                           Carriers.
                                                                           -----------------------------------------------------------------------------
                          Subtotal...............  .......................       32,430       59,267    2,182,872
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115..................  New Single family        $31.0 mil..............       31,038       31,038      134,788         4.67        1,480           69
                           housing construction.
236116..................  New Multifamily housing  $31.0 mil..............        2,086        2,086       13,738         4.67        3,085          144
                           construction.

[[Page 48090]]

 
236117..................  New housing operative    $31.0 mil..............       16,562       16,562       53,224         4.67        2,860          134
                           builders.
236118..................  Residential Remodelers.  $31.0 mil..............        9,846        9,846       29,319         4.67          644           30
236210..................  Industrial building      $31.0 mil..............        3,000        3,000       21,431         4.67        2,493          117
                           construction.
236220..................  Commercial and           $31.0 mil..............       40,530       40,530      393,560         4.67        4,024          188
                           Institutional Bldg.
                           Construction.
237110..................  Water and Sewer Line     $31.0 mil..............       13,715       13,715      162,842         5.22        2,863          149
                           Const.
237120..................  Oil and gas pipeline     $31.0 mil..............        1,667        1,667       34,584         5.22        4,118          215
                           construction.
237130..................  Power and communication  $31.0 mil..............        2,811        2,811       48,229         5.22        2,289          120
                           line const.
237210..................  Land subdivision.......  $6.0 mil...............            0            0            0        11.04            0            0
237310..................  Highway, street and      $31.0 mil..............        1,114        1,114       14,473         5.22        3,606          188
                           bridge const.
237990..................  Other heavy and civil    $31.0 mil..............        2,760        2,760       67,210         5.22        2,919          152
                           eng.
238110..................  Poured Concrete          $13.0 mil..............       13,273       13,273       10,782         4.42        1,189           53
                           foundation and struct.
238120..................  Structural steel and     $13.0 mil..............        3,487        3,487       57,764         4.42        1,927           85
                           precast concrete.
238130..................  Framing Contractors....  $13.0 mil..............       13,779       13,779       60,116         4.42          559           25
238140..................  Masonry Contractors....  $13.0 mil..............        1,368        1,368       10,174         4.42          814           36
238150..................  Glass & Glazing          $13.0 mil..............          542          542        4,397         4.42        1,319           58
                           Contractors.
238160..................  Roofing Contractors....  $13.0 mil..............        1,945        1,945       18,573         4.42        1,125           50
238170..................  Siding Contractors.....  $13.0 mil..............          526          526        1,455         4.42          529           23
238190..................  Other foundation,        $13.0 mil..............          256          256          881         4.42          628           28
                           structure, building,
                           ext.
238210..................  Electrical Contractors.  $13.0 mil..............          765          765        4,674         4.32          874           38
238220..................  Plumbing, Heating and    $13.0 mil..............          970          970        6,803         3.86        1,049           40
                           Air-conditioning Cont.
238290..................  Other building           $13.0 mil..............          644          644        6,996         4.42        2,068           91
                           equipment cont.
238310..................  Drywall and insulation   $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238320..................  Painting and wall        $13.0 mil..............          414          414        2,103         4.42          513           23
                           covering contractors.
238330..................  Flooring Contractors...  $13.0 mil..............            0            0            0         4.42            0            0
238340..................  Tile and Terrazzo        $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238350..................  Finish Carpentry         $13.0 mil..............            0            0            0         4.42            0            0
                           contractors.
238390..................  Other building           $13.0 mil..............            0            0            0         4.42            0            0
                           finishing contractors.
238910..................  Site Preparation.......  $13.0 mil..............        3,889        3,889       19,650         4.56        1,101           50
                          Subtotal...............  .......................      166,985      166,985    1,177,769
                             Total...............  .......................      204,058      232,394    3,434,175
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Census Bureau data.
 Country Business Patters, 2006; Statistics of U.S. Businesses 2006.
 Internal Revenue Service, Source Book, profit rates over 2000-2006.
 Statistics of U.S. Business (SUSB).


         Table B-5--Industrial Profile of Very Small Entities (Less than 20 Employees) by Major Category
----------------------------------------------------------------------------------------------------------------
                                                                                                Avgerage
                                                                                       -------------------------
       NAIC            Industry        Firms        Estabs     Employees   Profit rate    Revenues   Profits per
                                                                                %        per estab.     estab.
                                                                                          ($1,000)     ($1,000)
----------------------------------------------------------------------------------------------------------------
                                           Crane Rental with Operators
----------------------------------------------------------------------------------------------------------------
238990...........  All Other              1,065        1,065        4,824        4.10%         $614          $25
                    Specialty
                    Trade Cont.
----------------------------------------------------------------------------------------------------------------

[[Page 48091]]

 
                                  Crane Rental without Operators (Bare Rentals)
----------------------------------------------------------------------------------------------------------------
532412...........  Const./Min./           1,782        3,018       19,423         6.42          129            8
                    For. Machine &
                    Equip.
----------------------------------------------------------------------------------------------------------------
                                       Own and Rent Cranes with Operators
----------------------------------------------------------------------------------------------------------------
236115...........  New Single-              178          178          261         4.67          220           10
                    Family Housing
                    Const.
236118...........  Residential               25           25           45         4.67          443           21
                    Remodelers.
236210...........  Industrial                 9           12        1,067         4.67       12,213          571
                    Building
                    Construction.
236220...........  Commercial and            23           31          757         4.67        4,157          194
                    Institutional
                    Building.
237110...........  Water and Sewer           52           69        1,432         5.22        4,107          214
                    Line and
                    Related Struct.
237120...........  Oil and Gas               20           26        1,457         5.22        5,510          288
                    Pipeline and
                    Related Struct.
237130...........  Power and                 34           34          666         5.22        2,880          150
                    Communication
                    Line and Rel.
237310...........  Highway,                  80          107        6,456         5.22       11,783          615
                    Street, and
                    Bridge
                    Construction.
237990...........  Other Heavy and           76          101        5,857         5.22       10,201          533
                    Civil
                    Engineering
                    Const.
238110...........  Poured Concrete          261          261        4,328         4.42        2,273          101
                    Foundation and
                    Struct.
(All other sectors in this
 category have no very small
 affected firms)
----------------------------------------------------------------------------------------------------------------
                   Subtotal.......          758          844       22,326
----------------------------------------------------------------------------------------------------------------
                                         Own Cranes But Do Not Rent Them
----------------------------------------------------------------------------------------------------------------
236115...........  New Single             2,763        2,763       12,155         4.67          823           38
                    family housing
                    construction.
236116...........  New Multifamily          197          197        2,010         4.67        1,350           63
                    housing
                    construction.
236117...........  New housing            1,206        1,206        8,528         4.67        1,854           87
                    operative
                    builders.
236118...........  Residential              808          808        2,627         4.67          443           21
                    Remodelers.
236210...........  Industrial               209          209        6,015         4.67        1,247           58
                    building
                    construction.
236220...........  Commercial and         2,943        2,943       50,843         4.67        1,526           71
                    Institutional
                    Bldg.
                    Construction.
237110...........  Water and Sewer          900          900       13,335         5.22          702           37
                    Line Const.
237120...........  Oil and gas               63           63        3,416         5.22          708           37
                    pipeline
                    construction.
237130...........  Power and                207          207        9,177         5.22          655           34
                    communication
                    line const.
237210...........  Land                       0            0            0        11.04            0            0
                    subdivision.
237310...........  Highway, street           66           66        2,423         5.22          976           51
                    and bridge
                    const.
237990...........  Other heavy and          378          378       10,483         5.22          589           31
                    civil eng.
238110...........  Poured Concrete           46           46          531         4.42          494           22
                    foundation and
                    struct.
238120...........  Structural                90           90        1,954         4.42          659           29
                    steel and
                    precast
                    concrete.
238130...........  Framing                  981          981        8,322         4.42          374           17
                    Contractors.
238140...........  Masonry                  115          115        1,093         4.42          343           15
                    Contractors.
238150...........  Glass & Glazing           44           44          405         4.42          619           27
                    Contractors.
238160...........  Roofing                  207          207        2,378         4.42          447           20
                    Contractors.
238170...........  Siding                    31           31          127         4.42          408           18
                    Contractors.
238190...........  Other                     10           10           62         4.42          394           17
                    foundation,
                    structure,
                    building, ext.
238210...........  Electrical                54           54          541         4.32          444           19
                    Contractors.
238220...........  Plumbing,                 77           77          768         3.86          509           20
                    Heating and
                    Air-
                    conditioning
                    Contractors.
238290...........  Other building            30           30          570         4.42          714           32
                    equipment cont.
238310...........  Drywall and                0            0            0         4.42            0            0
                    insulation
                    contractors.
238320...........  Painting and              37           37          208         4.42          265           12
                    wall covering
                    contractors.
238330...........  Flooring                   0            0            0         4.42            0            0
                    Contractors.
238340...........  Tile and                   0            0            0         4.42            0            0
                    Terrazzo
                    contractors.
238350...........  Finish                     0            0            0         4.42            0            0
                    Carpentry
                    contractors.
238390...........  Other building             0            0            0         4.42            0            0
                    finishing
                    contractors.
238910...........  Site                     271          271        1,970         4.56          497           23
                    Preparation.
221110...........  Electric Power           293          301        1,288         4.44        7,513          334
                    Generation.
221120...........  Electric Power           337          358        2,272         4.44        7,311          325
                    Transmission,
                    Control, and
                    Distribution.
221210...........  Natural Gas              360          368        1,736         2.98        9,483          283
                    Distribution.
321213...........  Engineered Wood           82           82          534         3.87        1,674           65
                    Member (except
                    Truss)
                    Manufacturing.

[[Page 48092]]

 
321214...........  Truss                    408          408        3,438         3.87        1,130           44
                    Manufacturing.
336611...........  Ship Building            370          371        2,041         6.09          950           58
                    and Repairing.
339950...........  Sign                   5,312        5,316       25,236         5.83        1,303           76
                    Manufacturing.
423310...........  Lumber,                4,774        4,844       24,410         2.89        3,970          115
                    Plywood,
                    Millwork, and
                    Wood Panel
                    Merchant
                    Wholesalers.
423330...........  Roofing,                 831          857        4,764         2.89        4,461          129
                    Siding, and
                    Insulation
                    Material
                    Merchant
                    Wholesalers.
423390...........  Other                  1,886        1,907        9,298         2.89        2,199           63
                    Construction
                    Material
                    Merchant
                    Wholesalers.
423730...........  Warm Air               1,929        2,017       11,007         3.08        2,537           78
                    Heating and
                    Air-Cond.
                    Equip. and
                    Supplies.
444110...........  Home Centers...        1,879        1,904       12,389         7.70        1,344          103
454312...........  Liquefied              1,881        2,001       11,711         4.22        1,333           56
                    Petroleum Gas
                    (Bottled Gas)
                    Dealers.
482110...........  Railroads......           NA           NA           NA           NA           NA           NA
486210...........  Pipeline                  65           66          238        13.24        8,473        1,122
                    Transportation
                    of Natural Gas.
517110...........  Wired                  1,828        1,882        9,022         7.10        1,431          102
                    Telecommunicat
                    ions Carriers.
                                   -----------------------------------------------------------------------------
                   Subtotal.......       33,969       11,734      139,941
----------------------------------------------------------------------------------------------------------------
                                   Crane Lessees in the Construction Industry
----------------------------------------------------------------------------------------------------------------
236115...........  New Single            29,962       29,962       95,670         4.67        1,192           56
                    family housing
                    construction.
236116...........  New Multifamily        1,904        1,904        7,946         4.67        1,986           93
                    housing
                    construction.
236117...........  New housing           15,927       15,927       50,782         4.67        2,063           96
                    operative
                    builders.
236118...........  Residential            9,606        9,606       25,611         4.67          527           25
                    Remodelers.
236210...........  Industrial             2,669        2,669       13,978         4.67        1,120           52
                    building
                    construction.
236220...........  Commercial and        33,784       33,784      179,125         4.67        1,649           77
                    Institutional
                    Bldg.
                    Construction.
237110...........  Water and Sewer       11,306       11,306       59,055         5.22          841           44
                    Line Const.
237120...........  Oil and gas            1,083        1,083        4,293         5.22          666           35
                    pipeline
                    construction.
237130...........  Power and              2,149        2,149        8,580         5.22          630           33
                    communication
                    line const.
237210...........  Land                       0            0            0        11.04            0            0
                    subdivision.
237310...........  Highway, street          862          862        4,675         5.22          993           52
                    and bridge
                    const.
237990...........  Other heavy and        2,295        2,295       10,166         5.22        1,261           66
                    civil engg.
238110...........  Poured Concrete       11,886       11,886       52,606         4.42          677           30
                    foundation and
                    struct.
238120...........  Structural             2,679        2,679       14,995         4.42          945           42
                    steel and
                    precast
                    concrete.
238130...........  Framing               13,043       13,043       48,914         4.42          345           15
                    Contractors.
238140...........  Masonry                1,243        1,243        4,720         4.42          376           17
                    Contractors.
238150...........  Glass & Glazing          485          485        2,457         4.42          758           34
                    Contractors.
238160...........  Roofing                1,722        1,722        7,015         4.42          637           28
                    Contractors.
238170...........  Siding                   506          506        1,627         4.42          359           16
                    Contractors.
238190...........  Other                    237          237          909         4.42          290           13
                    foundation,
                    structure,
                    building, ext.
238210...........  Electrical               691          691        2,953         4.32          434           19
                    Contractors.
238220...........  Plumbing,                872          872        3,855         3.86          551           21
                    Heating and
                    Air-
                    conditioning
                    Contractors.
238290...........  Other building           524          524        2,726         4.42          868           38
                    equipment cont.
238310...........  Drywall and                0            0            0         4.42            0            0
                    insulation
                    contractors.
238320...........  Painting and             392          392        1,267         4.42          326           14
                    wall covering
                    contractors.
238330...........  Flooring                   0            0            0         4.42            0            0
                    Contractors.
238340...........  Tile and                   0            0            0         4.42            0            0
                    Terrazzo
                    contractors.
238350...........  Finish                     0            0            0         4.42            0            0
                    Carpentry
                    contractors.
238390...........  Other building             0            0            0         4.42            0            0
                    finishing
                    contractors.
238910...........  Site                   3,579        3,579       13,406         4.56          561           26
                    Preparation.
                                   -----------------------------------------------------------------------------
                   Subtotal.......      149,403      149,403      617,328
                                   -----------------------------------------------------------------------------
                   Total..........      186,977      166,064      803,843
----------------------------------------------------------------------------------------------------------------
Source: ORA.
 U.S. Census Bureau data.
 Country Business Patterns, 2006; Statistics of U.S. Businesses 2006.
 Internal Revenue Service, Source Book, profit rates over 2000-2006.


[[Page 48093]]

4. Benefits
    The Agency received several comments in the record on the benefits 
analysis in the Preliminary Economic Analysis (PEA). For example, the 
commercial building supply industry noted that their industry had not 
been included in the economic analysis, nor, consequently, included in 
the Agency's characterization of risks and benefits. The industry 
provided 2008 accident data (5 injuries related to work with cranes) to 
the rulemaking record in their comments. (ID-0184; -0342; -0345.17; -
0384.1.) Stephen Yohay, representing Edison Electric Institute noted 
that there was no explanation of the benefit that would result for the 
electric utility industry or electric industry employees, and therefore 
no evaluation of whether the benefit was reasonably related to the cost 
of compliance. (ID-0203; -0335; -0342; -0345; -0372; -0380; -0381; -
0408.) The Agency was also made aware of the potential overlap of costs 
and benefits of industries affected by both the construction cranes' 
standard and the Agency's previously proposed standard Electric Power 
Generation, Transmission, and Distribution; Electrical Protective 
Equipment (subpart V), which essentially resulted in double counting of 
risk reduction, or benefits, in the electric utility industry as well 
as the construction industries working for the electric utility 
industry in the cranes proposed standard. This oversight has been 
corrected.
    The proposed standard's benefits analysis rested upon BLS' Census 
of Fatal Occupational Injuries (CFOI) data for total annual fatalities 
in the construction industry, an estimate that eight percent of (CFOI) 
construction fatalities were crane related, and an analysis of a small 
sample of fatality reports from OSHA's IMIS data indicating that 58 
percent of construction crane-related fatalities could be prevented by 
the proposed cranes standard. The application of the construction crane 
standard to general industry sectors and the necessity of disentangling 
the affect of subpart V required a different approach. The Agency 
instead is relying on an analysis of four years of IMIS fatality 
reports across all industries to estimate the risk reduction, or 
benefits, attributed to the final cranes standard. This method has been 
used by the Agency to evaluate risk reduction in virtually all of its 
safety standards. The Agency collected 506 fatality reports from IMIS 
across all industries for the years 2004-2007. Of these, over 200 were 
found to be construction related, including some in general industry 
sectors. One hundred and twenty-six of these (with 132 fatalities) were 
accidents that the Agency concluded were potentially impacted by the 
final standard, and the Agency estimates that 88 of these will be 
prevented by the final standard, or about 22 per year. The Agency also 
estimated that the final standard would prevent 175 injuries annually. 
The table below describes the industry sectors with IMIS accident 
fatalities that the Agency concludes are impacted (i.e., potentially 
avoided) by the final standard.

 Table B-6--Avoidable Fatalities in the Construction Industry, 2004-2007
------------------------------------------------------------------------
            SIC                     Industry name           Fatalities
------------------------------------------------------------------------
1521.......................  Single-family housing                     4
                              construction.
1541.......................  Industrial buildings and                  5
                              warehouses.
1542.......................  Nonresidential                            4
                              construction, nec.
1611.......................  Highway and street                       11
                              construction.
1622.......................  Bridge, tunnel & elevated                11
                              highway.
1623.......................  Water, sewer, and utility                13
                              lines.
1629.......................  Heavy construction, nec....               7
1721.......................  Painting and paper hanging.               1
1731.......................  Electrical work............               3
1742.......................  Plastering, drywall, and                  1
                              insulation.
1751.......................  Carpentry work.............               3
1761.......................  Roofing, siding, and sheet                3
                              metal work.
1771.......................  Concrete work..............              12
1781.......................  Water well drilling........               2
1791.......................  Structural steel erection..              14
1794.......................  Excavation work............               2
1795.......................  Wrecking and demolition                   1
                              work.
1796.......................  Installing building                       3
                              equipment, nec.
1799.......................  Special trade contractors,               15
                              nec.
------------------------------------------------------------------------

    The Agency provides a full explanation of its method of evaluating 
risk reduction in the FEA in the docket, along with an Appendix (Excel 
spreadsheet) of the IMIS records examined. The Agency evaluated reports 
from the effect of crane regulations in California as well as the 
Canadian province of Ontario. The Agency concluded that results from 
these two regulatory efforts are consistent with OSHA's conclusion that 
the final standard reduces risk of construction crane accidents and 
injures; however, the Agency determined that review of IMIS records 
would provide a better method to quantify benefits.
    This same analysis also showed that there is a serious risk of 
fatalities in General Industry construction work. Table 7 shows the 
fatalities in construction related work in the General Industry sectors 
that have been added to the economic analysis.

          Table B-7--Fatalities That Occurred Outside Traditional Construction Industries That Could Be Avoided by the Final Standard, 2004-07
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Number of fatalities                     SIC                                              Industry name
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................              3441   Fabricated metal products.
1............................................              4789   Transportation services.

[[Page 48094]]

 
1............................................              4911   Electric services.
1............................................              4931   Elec services and more.
1............................................              5031   Lumber, plywood, wholesale.
2............................................              5211   Lumber and other bldg. materials dealers.
6............................................              7353   Heavy construction equipment rental and leasing.
1............................................              7389   Business services, nec.
1............................................              8731   Commercial physical and biological research.
1............................................              9223   Correctional institutions.
1............................................              9999   Non-classifiable establishments.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: ORA; IMIS.

Analyzing IMIS Crane Fatality Reports
    OSHA typically measures the risk reduction, or benefit, of its 
safety standards by examining accident reports. Accidents that occur 
because of a failure to comply with an existing standard are not 
counted as a benefit, or risk reduction, that is attributed to the 
effect of the new standard. In addition, the Agency does not try to 
estimate, or factor in, compliance with the new standard in estimating 
costs and benefits. It estimates costs as if all employers fully 
comply, and estimates benefits as if employer efforts prevent all types 
of accidents, or risks, the standard addresses. The chief purpose of 
the analysis is to demonstrate feasibility while providing a measure of 
the size of the rule, its possible impact on industries and the 
economy, and the ability to weigh and compare its costs and benefits. 
The analysis is not trying to predict with precision exactly the 
outcomes under the rule, which depend on employer compliance, changes 
in technology and the way employers react to the new standard, and many 
other factors.
    The Agency is taking a somewhat different approach to estimating 
the risk reduction under the crane standard. OSHA's current 
construction crane standards were adopted in 1972 under the OSH Act's 
sec. 6(a), permitting the Agency to adopt existing standards and 
current consensus standards without informal rulemaking. Thus, for 
example, former Sec.  1926.550(b)(2) referred to the ANSI B30.5-1968 
standard (that is, from the year 1968) for requirements for design, 
inspection, testing, and maintenance of crawler, locomotive, and truck 
cranes. The current standards were widely believed to be out of date 
and ineffective; hence, the creation of the Negotiated Rulemaking 
Committee (C-DAC) from affected industries and labor representatives to 
address weaknesses.
    For example, the former construction crane standard had in former 
Sec.  1926.550(a)(15)(i) a prohibition from working within 10 feet of 
any energized overhead power line. Yet power line contact causes more 
crane-related employee deaths than any other source, and the negotiated 
rulemaking committee produced provisions that are meant to reduce those 
fatalities. Technically, however, one could argue that it is a failure 
to comply with the current standard that results in electrocutions. If 
the crane, boom, wire, or load were not getting closer than 10 feet to 
power lines, there would be no electrocutions. The final standard 
increases the prohibited distance to 20 feet, but also includes a 
number of other precautions. California recently increased the 
prohibited distance to 20 feet, and reported that electrocutions due to 
cranes have fallen from five over a two and one-half year period prior 
to the regulation to just one in the same period of time afterward. The 
reduction in the California fatalities also can be attributed to a 
requirement for operator certification; this final OSHA standard also 
includes this requirement.
    The Agency concludes that its final standard will result in fewer 
fatalities and injuries due to a number of the provisions in the final 
standard, even though there are some existing construction crane 
provisions that address the same risk. This is attributed to more 
specific precautions in particular sections of the rule as well as the 
requirement for certifying crane operators, which potentially affects 
safety in all aspects of crane operations.
    Another example where the final standard will be more protective 
than current standards is in assembly/disassembly operations. Assembly/
disassembly operations are, along with power line contact, a leading 
cause of fatalities in crane work. Technically, one could argue that 
these fatalities could always be avoided by compliance with the current 
crane standard--to follow manufacturers' specifications--which is a 
general, passive, and non-specific duty. The final standard has lengthy 
provisions in the final standard to prevent these types of accidents.
    OSHA believes that these types of accidents will be prevented by 
compliance with the provisions of this final standard for assembly and 
disassembly of equipment. Section 1926.1403 requires that equipment be 
assembled in compliance with manufacturer procedures or with 
alternative employer procedures designed to prevent the equipment from 
collapsing. In addition, under Sec.  1926.1404, assembly must be 
conducted under the supervision of a person who understands the hazards 
associated with an improperly assembled crane and is well-qualified to 
understand and comply with the proper assembly procedures. Section 
1926.1404(f) would prohibit employees from being under the boom when 
pins are removed. In situations where site constraints require an 
employee to be under the boom when pins are removed, the employer must 
implement other procedures, such as ensuring that the boom sections are 
adequately supported, to prevent the sections from falling onto the 
employee. This specific work practice alone will prevent virtually all 
fatalities associated with assembly/disassembly of lattice boom cranes. 
Section 1926.1404(q) contains several provisions designed to ensure 
that outriggers are deployed properly before lifting a load. In 
addition, the operator qualification and certification requirement of 
proposed Sec.  1926.1427, which is intended to ensure that operators 
understand and follow the safety requirements for the equipment they 
are operating, would help prevent this type of accident.
    For informational purposes, as required by E.O. 12866 (also 
following the guidance of OMB's Circular A-4), OSHA monetizes the 
safety benefits of standards. OSHA assigns a value of statistical life 
(VSL) to fatalities prevented by the final standard of $8.7

[[Page 48095]]

million per VSL. This estimate is based on the median value found by 
Viscusi and Aldy in their 2003 review ($7 million in 2000 dollars), 
adjusted by the GDP implicit price deflator 2000 to 2010). The total 
monetized value of preventing 22 fatalities annually is about $191.4 
million. For accidents, OSHA uses a willingness-to-pay methodology to 
monetize the value of injuries avoided, of $50,000 in 2000 dollars; 
which, when adjusted by the GDP deflator is about $62,500 in 2010 
dollars. Thus, the monetized annual value of an estimated 175 injuries 
avoided by the standard annually is about $10.9 million. The total 
annual monetized value of avoided injuries and fatalities is about 
$202.3 million.
Costs of Crane Accidents
    Several commenters noted that crane accidents represented a 
substantial cost to employers in the crane industry. (ID-0341; -0342; -
0343; -0344.) In the PEA the Agency did not estimate cost savings from 
avoiding crane accidents, but only estimated monetized benefits for 
avoiding fatalities (the value of a statistical life, or VSL) or 
injuries (a value based on willingness to pay). These cost savings do 
not represent other losses associated with accidents, such as 
production time lost to provide medical services to injured employees, 
damage to cranes, damage to the work site or beyond, damage to the load 
materials or rigging, lost time in cleaning up and repairing damage to 
the worksite, lost production time while the crane is removed, 
repaired, or replaced with a substitute. More obviously they do not 
account for costs of crane accidents where no fatality or injury was 
recorded. There are many more crane accidents that do not involve any 
injury than those represented in the IMIS reports, and the Agency 
concludes that the final standard will avoid these just as effectively 
as the accidents where injuries occur.
    For example, there were ten tipover accidents with fatalities in 
OSHA's IMIS records for 2008, and data collected in the State of 
California over a three year period showed that there were 35 (mobile) 
crane tipovers for the single tipover accident fatality (Op cit. Yow, 
Philip, ``Crane Accidents 1997-1999 * * *.''). Since California has 
about ten percent of the U.S. population and economy, this suggests 
that there are on the order of 350 crane tipover accidents over a three 
year period, or about 120 per year. Tipovers typically require crane 
repair, lost production time for all employees at the site, and 
schedule delays. Since there are firms that specialize in repairing 
cranes damaged in accidents, the Agency believes that they are in fact 
frequent. If the cost of these kinds of accidents are only, on average, 
$100,000 each, the total annual cost savings from avoiding two-thirds 
(the fraction of current crane fatalities prevented by the final 
standard) of them would be about $7 million per year. That represents a 
cost saving of avoiding accidents from just one cause. Although 
tipovers and crane or boom collapses are likely the most expensive type 
of crane accident, they represent only about 10 percent of the types of 
fatal accidents.
    Tower crane collapses in urban areas, while infrequent, are very 
costly, as the crane is typically lost, considerable damage done to the 
worksites and structures beyond, and days if not weeks of lost 
production. The Agency believes that this cost is significant, but has 
no information in the record with which to estimate this source of cost 
savings.
    Similarly, there are costs associated with all crane accidents, 
whether or not there is an employee injury. The Agency does not have 
information in the record upon which to estimate the overall number of 
crane accidents, or the particular costs of the different types of 
accidents, such as dropping a load, contact with power lines, and so 
forth. But the Agency believes that the potential economic benefits 
from reducing these with compliance with the final standard is likely 
very substantial.
Insurance Savings
    An expert from the insurance industry reported that his company 
offers a 10 percent reduction in general liability premiums if all an 
employer's operators are certified. (ID-0343; -0345.34; -0347.) Several 
commenters confirmed that fact and also said that this saving alone 
more than paid for the cost of certifying operators. (ID-0343.) There 
was no information in the record about the cost of general liability 
insurance to employers with cranes, and so the Agency cannot compute 
any cost saving based on their cost or prices. However, this possible 
saving clearly shows that it is not simply OSHA that sees savings 
associated with operator certification, and that employers can 
reasonably expect some immediate savings associated with operator 
certification (projected to cost about $51 million annually).
Net Benefits
    The monetized benefits and other benefits of the final standard are 
estimated by the Agency to be $209.3 million annually ($202.3 million 
from fatalities and injuries avoided, plus $7 million in avoided 
tipover accident costs). The Agency has not quantified the cost savings 
from many accidents which do not involve injury that will be prevented 
by the final standard.
5. Technological Feasibility
    In accordance with the OSH Act, OSHA is required to demonstrate 
that occupational safety and health standards promulgated by the Agency 
are technologically feasible. Accordingly, OSHA reviewed the 
requirements that would be imposed by the final regulation, and 
assessed their technological feasibility. As a result of this review, 
OSHA has determined that compliance with the requirements of the final 
standard is technologically feasible for all affected industries. The 
standard would require employers to perform crane inspections, utilize 
qualified or certified crane operators, address ground conditions, 
maintain safe distances from power lines using the encroachment 
prevention precautions, and to fulfill other obligations under the 
standard. Compliance with all of these requirements can be achieved 
with readily and widely available technologies. Some businesses in the 
affected industries already implement the requirements of the standard 
to varying degrees (some states have requirements), as noted during the 
SBREFA Panel. OSHA believes that there are no technological constraints 
in complying with any of the proposed requirements, and received no 
comments that suggested that these standards were technologically 
infeasible.
6. Costs
    The Agency received comment on some unit cost estimates of specific 
provisions in the PEA: Operator certification, the number of crane jobs 
involving work near power lines, electric utilities providing voltage 
information, de-energizing power lines, locking out automatic line re-
energizing devices, providing line wraps for power lines, and 
conducting power line meetings. Based on that comment, the Agency has 
revised the original cost analysis ($123 million annually), and 
corrected errors noted below. The Agency estimates that the final 
construction cranes standard will cost employers $154.1 million 
annually.
    The Agency did not receive comment on its estimate of the number of 
cranes and crane jobs per year; nor on the time and cost of provisions 
on assembly/disassembly (except for ground conditions), and 
inspections. The Agency also did not receive any

[[Page 48096]]

comment on its estimates of ``baseline'' compliance, or the fraction of 
affected employers who are already performing or providing protections 
required in the final standard. For example, the Agency had estimated 
that, as a baseline, 30 percent of affected crane operators are already 
certified. However, the Agency did receive considerable comment and new 
information in several areas: the number of operators already 
certified; the number of cranes, crane jobs, and certified crane 
operators from individual employers or industries; the extent of 
current compliance (baseline) with providing safe ground conditions and 
assembly/disassembly operations; frequency of crane inspections; and 
the frequency of work close to high-voltage power lines. Based on the 
new information in the record, the Agency has revised several of its 
baseline figures, discussed below.
    The Agency also received considerable new information about general 
industry sectors that would be affected by the final standard. The 
Agency has incorporated that information into its estimates of costs 
for those sectors. The Agency has also updated its information about 
wages, establishments, and revenues from the 2006 Statistics for U.S. 
Business (SUSB) and County Business Patterns. As the number of cranes 
in the PEA was, for some sectors, based on an estimate of revenues, the 
number of cranes for some sectors has changed from the PEA based on 
newer revenue data.
    Employers have four years from the publication date of the final 
rule to comply with the requirements for operator certification. The 
Agency could assess that cost across the next four years and discount 
those values back to the present to add to the other annual costs of 
the standard. However, assessing benefits for only part of the final 
standard for several years is problematic. The Agency has concluded 
that the clearest picture of cost, benefits, and impacts will be given 
as if all costs and benefits of the final standard occur in the first 
year. This removes the problems of parsing risk reduction from separate 
provisions of the final standard for several years, in addition to 
assessing when employers might comply with certification and the 
resulting effects on discounting. Presenting full benefits and costs 
side by side also provides the easiest view of the long-run effects of 
the final standard.
    The Agency presents and discusses comment on the PEA, new 
information in the record, and revisions to cost estimates in the 
following sections: operator certification, power lines, assembly/
disassembly (A/D), inspections, and ground conditions. Unit costs are 
explained below and presented in Table B-8. Wage rates in the PEA were 
based on 2003 BLS data. The Agency has increased these base wage rates 
by 19 percent for the FEA, based on more recent BLS data. Summarized 
costs by provision are presented in Table B-9.
Cost of Operator Certification
    For the FEA, the Agency has increased the estimated cost of test 
preparation (a course) for a third party operator exam from $500 in the 
PEA to $1,500, plus, as before, $250 for the exam itself and 18 hours 
of wages ($31.37/hour, total of $564). When the total initial cost 
($2,064) is annualized over 5 years, the annualized amount is about 
$500. In addition, based on comment in the record the Agency has 
increased the baseline of current compliance in the traditional 
construction industries from 30 percent to 60 percent, and assumed that 
no crane operators in the affected general industry sectors have been 
certified (ID-0341; -0342; -0343; -0344). The Agency also reduced the 
turnover rate of crane operators from 23 percent to 5 percent, thus 
reducing the number of new entrants each year who would require 
certification. The annualized cost of crane operator certification is 
estimated to be about $59 million per year.
    The PEA had estimated that a two-day preparation and testing would 
cost employers $750 for each employee taking the operators 
certification test ($500 for the prep course, and $250 for the written 
and practical exam). In addition, employers would have to pay the wages 
of a crane operator ($31.37 per hour with benefits) for 16 hours of his 
time, plus an additional 2 hours, on average, for travel. The total 
cost was estimated to be $1,314 per employee taking the crane 
certification exam. The Agency annualized that one-time figure over 10 
years, for an annual per operator costs of $187.
    The Agency erred in the PEA in annualizing the cost of the training 
and testing over 10 years instead of five, since the certification is 
only good for five years. Although, re-certification does not typically 
entail the prep course and time, and future costs of certification are 
therefore probably considerably much lower, the Agency concludes that 
for purposes of weighing the costs and impact of the final standard, 
that it will rely on the initial costs annualized over five years. 
However, because the Agency accounted for turnover of operators and 
estimated costs for new operators as a result of retirement for the 
industry, a simple five year annualization would overestimate costs. As 
a result, the Agency introduced a factor to the formula to assure that 
no costs were taken for recertification of retired operators. (See full 
formulas in the FEA.)
    Operator certification was the primary focus of comments on costs. 
Many commenters stated that in regard to the means of crane operator 
certification Option (1), or third-party testing, was the only viable 
alternative. (See, e.g., ID-0151; -0342.) The Agency agrees that this 
will be the primary means of certification and notes there are several 
testing organizations now available, with more reportedly in the 
process of being accredited. (ID-0341; -0343.)
    Michael Eggenberger of Bay Ltd provided several comments on the 
unit cost of operator certification. (ID-0254.) Mr. Eggenberger 
provided photocopies of invoices that showed Bay Ltd paying for NCCCO 
written and practical exams, over two days, for $1,375 each. The 
invoice does not make clear whether the two days included prep 
training, but handwritten on each invoice is the additional information 
that the invoice costs did not include prep training at $500, plus five 
days' wages for each employee. The Agency concludes that Bay Ltd 
provided a course of prep training and testing that lasted five days. 
If Mr. Eggenberger's employees were paid the average wage (including 
benefits) of $31.36 per hour that OSHA is relying on, based on BLS 
data, then the total cost per employee would be $3,129 (about $1,250 in 
wages, $1,375 for prep and the exam, and $500 in prep training.)
    Edison Electric Institute, representing the electric utility 
industry, submitted cost data for certification ``utilizing $1,750 as 
the base cost for a training course and the actual exam. EEI has 
estimated that it would cost approximately $1,500 for an employee 
training course, and $250 for the certification program.'' (ID-0345.17; 
-0370.1.) EEI did not provide any detail about its figures.
    Comment received from James Nevel of the National Utility Training 
& Safety Education Association (NUTSEA) said that ``typical training 
programs that we have seen run $1200 to $1400 for classroom training 
and then an additional $450+ or so for the certification testing.'' 
(ID-0155.1.) NUTSEA's membership of 250 ``provides safety and training 
services to most of the electric cooperatives in the United States.''
    California enacted a requirement for crane operator certification 
which took

[[Page 48097]]

effect in June 2005. That State's operator certification requirement 
did not apply to digger derricks and mobile--usually truck-mounted--
cranes with a capacity below 15,000 pounds. The State estimated that 
there were 5,000 mobile cranes and 700 tower cranes affected and that 
about 10,000 operators would require certification (``Economic Impact 
Statement,'' Attachment 1 for Crane Operator Qualifications/
Certification, Economic and Fiscal Impact Statement, STD, 399). 
California estimated that there were almost 2,000 businesses that 
owned, operated, or leased cranes affected by the State's regulation. 
Further, the State's impact report estimated that the cost of 
certification would include a physical examination ($320), a substance 
abuse test ($120), and cost of a written and practical exam from a 
NCCCO testing agent ($550), or a total of $990 per operator.
    The Agency received several estimates of the cost of operator 
certification as part of the Small Business Advocacy Review Panel 
(SBAR). John Anderson reported that he estimated certification costs at 
$2,900 per employee, including five days for training, exam, and wages 
(OSHA-S030A-2006-0064-0019), with the average cost of an exam $382 and 
with training or prep courses $1,260 on average, and wages $1,255. Mr. 
Anderson also cited a general contractor's cost of exams and prep class 
of $1,375. Art Daniels of AR Daniels Construction estimated the cost of 
certifying one operator to be $6,141.59, but did not provide any detail 
of how the estimate was determined. Mr. Daniel also commented that the 
Agency's wage estimate was too low, but his estimate included wages for 
overtime which accounted for much of the difference. (OSHA-S030A-2006-
0064-0019.) Mr. Daniel also stated that no costs were included for re-
testing or loss of production. However, the Agency did include costs 
for re-testing (when an operator initially fails the test) and the 
value of lost production is accounted for in operator's wages. Several 
participants in the SBAR panel also noted that they have no turnover 
among their crane operators.
    Current OSHA standards require operators of construction cranes to 
ensure that operators are trained. The Agency does not agree that the 
final standard requires a five-day training and prep course for 
employees to take and pass the crane operator's certification. Five-day 
courses are designed not just to prepare potential operators for 
certification, but to train newcomers. For example, Bob Behlman of 
Behlman Builders in describing the training that he sends his crane 
operator to, notes that the five-day course by a national consulting 
firm that specializes in mobile crane training and inspection services 
is ``designed for both newcomers to the crane operators field [and] to 
those who have years of experience.'' (ID-0373.1.) Mr. Behlman notes 
that the current five-day course that he provides for his crane 
operators as of this time still does not include a written and 
practical test, such as NCCCO or the International Union of Operating 
Engineers (IUOE) offers. As Mr. Brent of NCCCO said at the public 
hearing, ``a lot of those costs * * * are not associated with 
certification at all. They're associated with the training process.'' 
(ID-0343.)
    Many testing companies provide testing along with a preparation in 
either two-day or five-day courses, but virtually all commenters on the 
record note that few certified operators take the preparation course 
when re-certifying is done, and that re-certification is much less 
costly. The preparation course is designed not to train operators on 
cranes, but to help them negotiate the written test. Again, as noted 
above, the Agency was not including in its estimates of the cost of 
operator certification any training related to obtaining knowledge 
about, or operating, a crane, which is already a duty of operators of 
cranes in construction. Operators have been taking certification exams 
without benefit of special preparatory courses for many years in cities 
and states (such as Connecticut and New York City) that perform their 
own testing of crane operators for licensing or certification. As was 
pointed out in testimony, part of the resistance to third-party 
certification may be that current crane operators may lack the 
requisite training or skills. (ID-0343.)
    It was not incumbent upon the Agency to include purchased, 
preparatory training from third party providers as a cost of the 
standard. The final standard requires no such purchased training. The 
Agency concludes that while many employers and crane operators will 
avail themselves of the test preparation, not all will do so, and this 
was recognized in comment. (ID-0343.) In terms of estimating the costs 
of the final standard, it is reasonable that employees and independent 
crane operators, who have already been sufficiently trained in crane 
operation and may have many years' experience, certainly need no more 
than a short preparation to successfully pass the crane operator 
certification tests. Thus, the Agency has included as part of the cost 
of the standard, $1,500 as the price of a two-day prep course for 
taking the operator's written and hands-on exams.
    The Agency did not include costs of operator certification for 
users of sideboom cranes found in pipeline construction (NAICS 237120 
Oil and Gas Pipeline Construction) and derricks, found in water tank 
construction (NAICS Water and Sewer Line Construction). Both types of 
cranes are exempted from requirements for operator certification in the 
final standard.
    The Agency increased the number of current crane operators in 
construction who already are certified. NCCCO reported that since 1996 
they had provided exams for 65,000 operators who had taken over 365,000 
exams. (Operators frequently choose to be certified on several 
different types of cranes. (ID-0343.)) NCCCO reported that crane 
certification was primarily sought for construction cranes. The IUOE 
reported that they have provided 12,000 written and 8,000 practical, or 
hands-on, exams. (ID-0341.) Sixteen states now have a requirement for 
operator certification or licensing. (See, e.g., -0347.1.) Four states 
have their own State licensing programs. In addition, the nation's 
largest cities also have their own licensing or certification 
requirements. One commenter noted that in Ohio, which has no 
requirement for crane operator certification, hiring certified 
construction crane operators had become the norm for the industry. (ID-
0341.) Insurance representatives and other commenters at the public 
hearings noted that many employers were getting their crane operators 
certified as the cost was recouped from premium reductions. (ID-0341; -
0343; -0344.) Accordingly, the Agency has increased its estimate of the 
number of construction crane operators who already are certified to 60 
percent of current operators.
    The Agency is confident that the estimated costs of operator 
certification are not underestimated. The Agency concludes that at 
least 5 percent of construction cranes are owner-operated. (ID-0025; -
0341.) Since these self-employed individuals or family-owned businesses 
have no employees, they will not--for purposes of following the 
standard--have to be certified. In some areas, it is the custom for 
crane operators to pay for their own certification. (ID-0343.) However, 
a new provision in the final standard requires employers to pay for 
certification in any event. NCCCO's Mr. Brent testified that: ``There 
are some candidates who are paying outright. Some employers have 
instituted a vesting program where some

[[Page 48098]]

fees are due to be repaid if the employee leaves in a certain period.'' 
(ID-0343.) In addition, in situations where crane operators are union 
members, who may be hired out of union hiring halls, it is likely that 
training and certification will be performed through the union rather 
than an employer. The IUOE pays for their members' crane training and 
certifications costs out of union dues (ID-0341); so while employers, 
and ultimately owners of new construction projects, may pay for the 
cost of union operators' certification via somewhat higher wages, there 
is no immediate cost to employers or general contractors for operator 
certification. In addition, many certification prep courses and exams 
are offered on weekends, and there will not be any lost time of 
production in such cases. (ID-0343.)
    Several small employer representatives on the Small Business 
Advocacy Review Panel remarked that they had no turnover of crane 
operators. (OSHA-S030A-2006-0664-0019.) Similarly, employers and 
associations who provided public testimony at the standard's public 
hearings also noted little or no turnover among operators. Accordingly, 
the Agency concludes that although there may be transfer between 
employers, crane operators are a select and highly paid group who are 
unlikely to exit their field. Employers who lease cranes with 
operators, which is the predominant mode of crane jobs, or who hire 
from union hiring halls would experience no turnover of crane operators 
at all.
Power Lines
    The Agency has revised its estimates in the PEA of the ``unit'' 
costs of power line work for: assembly/disassembly; crane operations 
closer than 20 feet to a power line (Sec.  1926.1408); and crane 
operations within the Table A distances (within 10 feet in most 
instances) (Sec.  1926.1410). Comment in the record indicated that 
crane operators routinely assess sites for potential power line risks. 
(ID-0341; -0344.) Thus the Agency concludes that the current baseline 
of compliance with assessing power line risks is 100 percent and this 
provision does not impose new costs on affected employers. The Agency 
did not estimate costs for work near power lines within Table A 
distances for the electric utility industries, power line construction, 
and electric contractors, as these employers work near power lines 
under subpart V.
    The Agency has revised estimates of unit costs for some operations 
near power lines. There were two primary sources for the revision of 
some unit costs of power line work: the written submission by Edison 
Electric Institute (EEI) reporting cost information from 16 members and 
the testimony and written comment from EEI itself. (ID-0343; -0345.17.) 
Based on the EEI member's information, the Agency concludes that the 
cost of providing voltage information is about $200 per occurrence; 
that the cost of locking out automatic line re-energizing devices is 
about $320; and that it takes electric ``utility owner/operator'' or 
engineers a total of six hours ($360) for travel and for participation 
in planning meetings, review of procedures, and identification of a 
person to implement procedures. These figures represent approximately 
the median or average of estimates provided by EEI members, although 
each member did not provide information about each operation. In 
addition, the Agency had estimated the cost of using an insulating link 
when working very close to power lines as $427 per use. Comment in the 
record showed that the average cost of these devices is lower than the 
Agency's estimate in the PEA of $15,000, that their working lifetime is 
20 years rather than 10, and that they may require recertification each 
year. (ID-0085; -0085.1; -0085.2.) Accordingly the Agency has revised 
its estimated cost per use to $210 (based on the information and model 
in ID-0085, but with a 7 percent discount rate). Although the final 
standard may not require the use of NRTL-approved insulating links 
until up to three years after the standard takes effect, the Agency is 
including costs for this provision as if employers will replace their 
inventory by purchasing and beginning use of NRTL-approved insulating 
links in the first year that these links are available.
    The Agency has also revised the costs of planning meetings. In the 
PEA the Agency concluded that four individuals would participate in 
such a meeting. That model fits with operations of a traditional 
lattice-boom crane. However, most cranes jobs today are of short 
duration by truck-mounted cranes, and the Agency estimates that only 
three individuals will typically be involved in a planning meeting.
Operations Closer Than Table A Distance
    The Agency received comment about work close to power lines that 
has significantly increased its estimates of costs. (ID-0342; -
0345.17.) Unit costs for the time required of electric utilities or 
professional engineers has been revised to $360 per episode; costs of 
de-activating or locking automatic line reclosure devices has been 
increased from about $30 to $320, and the cost of supplying voltage 
information is $200.
    The Agency had estimated that cranes were performing operations 
closer than 10 feet, or the Table A distance, in about 5 percent of all 
crane jobs that were not assembled near power lines (which was 75 
percent of the total estimated 859,000 cranes jobs per year). In 
testimony, EEI's David Highland, also from Allegheny Power, referred to 
the frequency of close-to-power-line work as OSHA's estimate of 
``50,000 episodes'' per year. The 50,000 figure was also noted in EEI's 
written testimony. (ID-0345.17.) However, OSHA's estimate of the actual 
number (5 percent of 75 percent of 859,000) was approximately 32,000. 
Mr. Highland also said, ``We thought it would double,'' in speaking of 
the number of times construction employers would operate cranes closer 
than the Table A distances.
    The former OSHA standard at former Sec.  1926.550(a)(15) permitted 
work near power lines no closer than 10 feet except where they are de-
energized and grounded or when they have ``insulating barriers.'' If 
power lines are not de-energized or do not have insulating barriers, 
all parts of the crane, line and load, must maintain a 10-foot 
clearance, with a designated person to observe clearance in situations 
where the crane operator would have difficulty ensuring clearance by 
visual means; and insulating links may be used as well (former Sec.  
1926.550(a)(15(iv)). In oral testimony and written comment, EEI noted 
that electric utilities provide line covers now for construction crane 
operations, with practices varying from region to region. All electric 
utilities make use of line hoses for protection. (ID-0342.) Mr. 
Highland reported that his company gave ``free line hose up to a 
certain length. * * * After 20 feet, they [crane users] start paying 
about 10 bucks apiece.'' (ID-0342.) Earlier in testimony, EEI said, 
``Currently, many electric utilities also place line hoses on power 
lines when so requested by non-utility crane contractors who need to 
work within 10 feet of a power line. Usually the utility owner/operator 
receives a call from a contractor prior to this work. More often than 
not, however, the utility discovered that work is being performed close 
to a power line when it is observed by happenstance, for many 
contractors simply do not call.'' (ID-0342.) Although the electric 
utility industry predicted that the number of these episodes involving 
construction cranes would double or increase exponentially, and thereby 
force them to incur greater costs under the standard, the Agency 
disagrees. The final standard imposes

[[Page 48099]]

significant new procedures and costs beyond what current standards 
require. Generally, one expects crane users in the affected industries 
to take further steps to avoid working closer than the Table A 
distances to power lines, rather than more.
    The Agency included in its cost estimates for work closer than 
Table A distances the following:
     A planning meeting (2 hours for three individuals costing 
about $132);
     Time and costs for the utility owner/operator or engineer 
for all of their duties (6 hours or $360), i.e., planning, voltage 
information, determining a minimum clearance distance, reviewing 
procedures, and identification of an individual to implement 
procedures;
     Request that electric utilities de-activate the automatic 
re-energizing devices, which the Agency assumes will cost crane 
employers $320, on average, to be paid to electric utilities;
     Use a dedicated spotter at all times (average of 4 hours, 
$64.06);
     Use of an insulating link ($210); and
     Provision of barricades and grounding of equipment ($4.04 
and $8.08).

The crane user must also secure voltage information from the electric 
utility, but the Agency assumes that since the utility's owner/operator 
or an engineer is present, this information is at hand; therefore, for 
work within Table A distances, there is no separate, additional cost.
    Since line hoses or barriers are already required, and terms are 
currently arranged between the crane employer and the utility, there is 
no new cost for line covers under the final standard. The Agency 
concludes that the crane employer faces, at a minimum, about $800 in 
new costs under the final standard to work within 10 feet or the Table 
A distance of a power line. If the employer must also fully compensate 
the electric utility for the utility owner's or engineer's time, the 
total cost is estimated at $1,100.
    The final standard seems to shift the duty and expense of line 
covers wholly onto electric utilities, with crane contractors reported 
as compensating electric utilities to some degree currently. (ID-0342.) 
However, the limited comment on this issue in the record does not 
permit an estimate of any effect.
    All other provisions of the final standard's Sec.  1926.1410 are 
already being performed in current construction crane jobs close to 
power lines, the Agency concludes.
Assembly/Disassembly Near Power Lines
    Under the proposed standard, before beginning crane assembly/
disassembly, the crane operator or employer must determine if any parts 
of the crane or equipment may get closer than 20 feet to a power line 
during A/D. If so, either the employer must have the line de-energized 
(Option (1)); stay farther than 20 feet from the power line (Option 
(2)); or follow the procedures in Option (3): determine the line 
voltage and minimum clearance distance; prevent encroachment by having 
a planning meeting and use either a dedicated spotter, proximity alarm, 
a ``range control warning device,'' or an elevated warning line. The 
Agency believes that by far the most common method will be to provide a 
dedicated spotter during A/D. There was considerable comment in the 
record that de-energizing lines was rare, difficult for regulatory 
reasons, and expensive. (ID-0342.)
    The Agency has estimated costs as if A/D operations near power 
lines follow Option (3) and that crane employers or owners use a 
spotter to ensure that cranes stay far enough away. In the PEA, the 
Agency estimated that this happened in 25 percent of crane jobs. There 
was no comment on that estimate in the rulemaking, and the Agency 
concludes that A/D near power lines occurs about 200,000 times per 
year.
    The Agency has estimated A/D costs near power lines as follows:
     Crane operators and employers already assess distance to 
power lines; so the Agency takes this as a baseline and concludes there 
are no new costs due to this provision in the final standard;
     To determine voltage and the minimum clearance distance, 
the Agency estimates that A/D will be close enough to the power line to 
contact the utility about 25 percent of the time, costing about $50 
(one-fourth of $200), on average, for each A/D episode. Most crane 
operations will be near typical residential power lines of less than 50 
kV, with a minimum clearance distance from Table A of 10 feet.
     Hold a planning meeting which for the typical crane 
operation will consist of the crane operator, spotter, and any on-site 
employer or contractor (for a lattice-boom crane that truly performs A/
D operations, many more individuals are involved in the planning 
meeting as required in Sec.  1926.1407(b)(1);
     Employ a spotter to ensure that the minimum clearance 
distance is maintained, and provide training for the spotter, if needed 
(2 hours plus 15 minutes training).
    The Agency estimates that the total costs of providing protective 
procedures during A/D near power lines for a typical crane job will 
cost less than $100. Table B-9, Cost by Provision, shows that the total 
costs of these operations for all affected employers is estimated to be 
about $16 million annually.
Crane Operations Within 20 Feet of Power Lines (Sec.  1926.1408)
    Under the proposed standard, before beginning crane or derrick 
operations, employers must either: (1) Define a work zone with 
demarcated boundaries by using flags or a device such as a range-
limiting device or range-control warning device that prohibits the 
operator from operating the crane past those boundaries, or (2) define 
the work zone as the area 360 degrees around the crane based on the 
crane's maximum working radius (see proposed Sec.  1926.1408(a)(1)). 
The Agency estimates that, in most cases, the least-cost option would 
be to mark the zone with flags. Based on the defined work zone, the 
employer must determine whether the crane, load, or load line, if 
operated to its maximum working radius, could get closer than 20 feet 
to a power line.
    If the 20-foot determination is positive, then the employer would 
be required to follow one of three options. If any part of the crane, 
load, or load line could not come within more than 20 feet of a power 
line at the crane's maximum radius, the employer would not be required 
to take any further action. If the crane operations could take the 
crane closer than 20 feet, the employer must either: (1) De-energize 
and visibly ground the power line, (2) maintain the 20-foot clearance 
by employing a spotter or other warning device, after having a planning 
meeting, or (3) determine the line voltage and minimum clearance 
distance and maintain that distance between all crane parts and the 
power line by employing a spotter or other warning device, after having 
a planning meeting.
    If the employer follows Option (2) or (3), the employer must then 
maintain the appropriate distance by implementing several encroachment-
prevention procedures to ensure that the crane does not contact the 
energized power lines, including: Having a planning meeting with the 
operator and other workers who will be in the area of the crane, and 
using either a proximity alarm, operational aids/limiting devices, a 
dedicated spotter, or an elevated warning line. The Agency estimates 
that a designated spotter would be used to ensure that the

[[Page 48100]]

appropriate distance is maintained between the crane and power line.
    In the SBAR panel process, many small entity representatives 
commented on this provision. The majority believed that, most of the 
time, a dedicated spotter would be used. For some, work near electric 
lines was rare; for others, it occurred several times each year. In the 
PEA, the Agency estimates that work potentially within 20 feet of a 
power line, occurred on 22.5 percent of all crane jobs. The Agency has 
simplified this estimate for the final analysis, and estimates that, as 
for A/D operations near power lines, operations within 20 feet of power 
lines occur about 200,000 times per year.
    Costs for working within 20 feet of power lines thus consists of:
     Identifying and demarcating a work zone and determining 
the maximum swing radius of the crane (0.5 hours)
     Ensure that the crane does not come within 20 feet of the 
power line by using a dedicated spotter (2 hours), or
     Determine the line voltage and maintain the minimum Table 
A clearance distance by using a dedicated spotter (2 hours).
     Seek voltage information.
    The Agency estimates that, for operations near power lines, crane 
employers will do so about half the time ($100, or one-half of $200), 
on average, for each occurrence.
    The Agency estimates the average cost for protective measures in 
the final standard for cranes to work within 20 feet of a power line is 
about $160.
Crane Inspections
    The Agency received little comment on its estimates of costs of 
inspections. Inspections were frequently mentioned by commenters as 
necessary and already being performed. However, the industry consensus 
standard requires frequent (daily to monthly) inspections and periodic 
inspections (monthly to annual ones). The final standard requires daily 
visual inspections, and monthly and annual inspections that must be 
documented. In addition, the final standard adds more specific checks 
on more equipment that the consensus standards. Thus, the Agency is 
keeping its estimate that monthly and annual inspections will take 15 
minutes longer than is typically done today. Due to an error in the 
spreadsheet calculations, in the PEA estimates of the monthly 
inspections were too high--based on an additional 30 minutes per month 
rather than 15 minutes. When this error was corrected the annual 
additional cost for inspections fell from about $21 million per year in 
the PEA to $16 million annually. The final standard has a new provision 
requiring written notification when an operational aid is broken or a 
repair is necessary (Sec.  1926.1417(j)(1)). The Agency has estimated 
that condition will occur to 30 percent of (122,091) cranes annually 
and require 0.17 hours (10 minutes) of a crane operator's time (wage 
$35.62). This cost of written notification (about $257,000 annually, or 
$2 per crane, on average) has been added to the inspection costs in the 
tables. The Agency has also included in the inspection costs the 
estimated the cost of providing affected employees notice at the 
beginning of each shift that a crane function or part is broken (Sec.  
1926.1417(j)(2)). The Agency estimates that such notice will take an 
average of 3 minutes for, on average, 20 days by the crane operator.
Ground Conditions and Assembly/Disassembly
    In the PEA the Agency estimated that for each crane job an 
assembly/disassembly (A/D) supervisor--likely the crane operator in 
many instances--would assess ground conditions and power line risks. 
Many commenters reported that these functions were routinely already 
performed, and the Agency has adopted that practice as its baseline. 
(ID-0341; -0343.) More pointedly, most crane jobs today are performed 
by truck-mounted cranes. Several commenters noted in both written 
comment and oral testimony that these cranes have no assembly or 
disassembly. While there is a lengthy description in the A/D provision 
in the final standard, with pictures, of steps and procedures for 
lattice-boom cranes, these cranes perform relatively few crane jobs. A 
large lattice-boom crane may be assembled for a job lasting several 
months--one crane job--while a truck-mounted hydraulic crane may 
perform three or four jobs in a day. While truck-mounted cranes have 
safety hazards when extending stabilizers or outriggers, these are not 
the same hazards associated with lattice-boom cranes--or tower cranes 
which have their own specific provisions for erection and climbing at 
Sec.  1926.1435, Tower Cranes. There are also relatively few tower 
cranes, which also perform a single ``crane job'' that may last many 
months.
    No commenter denied that current crane operators assess conditions 
prior to setting up and operating a crane. In addition to comment in 
the record, several organizations provided training materials that 
indicated an assessment of conditions was standard operating procedures 
for crane work. (ID-0345.14; -0345.17; -0380.) The Agency eliminated 
these assessment costs in the final standard, but still included A/D 
costs related to work near power lines.
    There was considerable comment about ground conditions. The final 
standard places responsibility for providing sufficient ground 
conditions on the ``controlling entity.'' Small builders and general 
contractors objected to this provision. There were several parts to 
most of the criticisms. First, many builders and contractors now rely 
on the crane company or the crane operator to assess conditions for 
safe crane operations, for example, when hiring a crane company to set 
roof trusses. (ID-0341; -0343.) In addition, many builders or 
contractors who hire cranes for particular construction jobs have no 
expertise in ground conditions (ID-0341), which the Agency acknowledged 
in the proposal's preamble. In response to these comments, the Agency 
accounted for the new burden which controlling entities will have under 
the final standard.
    These costs fall primarily on the lessees of cranes or of cranes 
with operators, not employers affected by the crane standard who own 
their own cranes. The Agency concludes that, for estimating the costs 
of the ground conditions provision, builders of large commercial, 
residential, and industrial buildings and contractors do not face a new 
cost since they are, in general, at the building site. However, small 
builders and developers, or their supervisors or representative, may 
not be at one of their sites. (ID-0341.) The Agency estimates that the 
ground conditions duty will require two hours of employer time to be 
present at the site to meet their obligations. However, the standard 
does not require that controlling entities be physically present, and 
the Agency concludes that in most cases their attendance at the site 
will not be necessary because, in most situations, the ground 
conditions will be dry and reasonably level, and the cranes will be 
lifting materials such as roof trusses and pre-fabricated wall 
sections--i.e., low-risk ground conditions. Any information that the 
controlling entity has about underground risks can be communicated by 
telephone. The Agency concludes that small builders in three industries 
will, at most, be affected by the ground condition provision at 10 
percent of their projects involving crane operations. The Agency 
concludes that the typical crane job--setting roof trusses--and the 
fact that these loads are generally not close to the capacity of the 
truck-mounted cranes that perform the task, means that concern about 
ground conditions will

[[Page 48101]]

not arise often. The three affected industries are: NAICS 236115 New 
Single Family Housing Construction; NAICS 236117 New Housing Operative 
Builders; and NAICS 236118 Residential Remodelers.
    The Agency has estimated the costs of complying with the 
controlling entities' duties in regard to ground conditions for SBA-
size small entities in the three affected industries. The criterion for 
``small entity'' for these industries by SBA is revenue of less than 
$31 million. This is roughly comparable to construction of about 100 
single family homes, and the Agency concludes that all small builders 
are certainly captured within this category. Accordingly, the Agency 
calculated the costs of expending two hours of time by employers for 10 
percent of all crane jobs within the industry sectors by small 
employers. The costs for the affected sectors are presented in Table B-
9. Table B-10 presents average annual costs per establishment across 
the affected sectors. Table B-11 provides the Agency's estimate of the 
number of cranes and crane jobs.
Language and Literacy
    There was also comment in the record about the difficulty some 
current crane operators may have in achieving crane operator 
certification due to a language barrier or weak literacy skills, and 
thus the FEA also describes possible impacts on current and future 
crane operators. Two testing organizations reported in the public 
hearings that they neither offer crane operator testing in languages 
other than English nor had any plans to do so. (ID-0341: -0343.) 
Testing in other languages would not merely require translating 
existing written and practical test materials, but developing and 
evaluating tests as if they were completely original. There was comment 
in the record that some current crane operators would not be able to 
read and therefore successfully pass a test in English. (ID-0100.1; -
0243.1; -0387.) The Agency is not presenting any quantitative estimate 
of the impact of the final standard on individuals with language or 
literacy issues. The final standard has a new provision requiring that 
certification exams ``must be administered in a language understood by 
the operator candidate'' which may alleviate any burden imposed on non-
English speaking crane operators.

                  Table B-8--Unit Cost Estimates for the Cranes and Derricks Proposed Standard
----------------------------------------------------------------------------------------------------------------
                                                                                                Employee type
             Section                    Requirement             Incremental time/cost               (wage)
----------------------------------------------------------------------------------------------------------------
Assembly/Disassembly Near          Assess power line     ..................................  Current practice.
Power Lines......................   hazards.
                                   If w/in 20',          $200..............................  25% of episodes =
                                    determine voltage.                                        $50 on avg. per
                                                                                              episode.
                                   Planning meeting....  20 mins...........................  Spotter ($18.35);
                                                                                              operator or A/D
                                                                                              director ($35.62);
                                                                                              rigger ($21.12).
                                   Spotter.............  1 hour............................  Spotter/ee
                                                                                              ($18.35).
----------------------------------------------------------------------------------------------------------------
Power Line Safety--Operations      Demarcate work zone.  30 mins/instance..................  Employee ($18.35).
 within 20 feet.
                                   Planning Meeting....  20 minutes........................  AD director or
                                                                                              operator ($35.62);
                                                                                              Rigger ($21.12)
                                                                                              Employee ($18.35).
                                   Voltage information.  $200..............................  50% of time = $100
                                                                                              avg.
                                   A dedicated spotter   2 hours per incident..............  Employee ($18.35),
                                    is needed.           15 minutes (each).................   AD director/
                                   Spotter training....                                       operator ($35.62).
                                                                                             Employee ($18.35).
----------------------------------------------------------------------------------------------------------------
Power Line Safety--Operations      Min. clearance        6 hours, including travel.........  Professional
 (Closer Than Table A).             determination;                                            engineer (PE)
                                    voltage                                                   ($72.22) or line
                                    information;                                              owner/operator.
                                    planning meeting,
                                    review procedures,
                                    identification of
                                    implementer.
                                   Planning meeting,     2 hours...........................  Rigger ($21.12);
                                    review procedures,                                        spotter ($18.35);
                                    identify                                                  A/D director or
                                    implementer.                                              crane operator
                                                                                              ($35.62).
                                   Dedicated spotter...  4 hours...........................  Employee ($18.35).
                                   Barricades/work zone  15 minutes........................  Employee ($18.35).
                                   Equipment grounding.  30 minutes........................  PE ($72.22).
                                  ------------------------------------------------------------------------------
                                   Insulating Link.....                       $210 per use.
                                  ------------------------------------------------------------------------------
                                   Written procedures..             Developed during planning meeting.
                                  ------------------------------------------------------------------------------
                                   Barricades..........  15 minutes........................  Employee ($18.36).
                                  ------------------------------------------------------------------------------
                                   Limit access........           Discussed during instruction/training.
                                  ------------------------------------------------------------------------------
                                   Non-conductive                           Current practice.
                                    rigging.
                                  ------------------------------------------------------------------------------
                                   Line covers.........  $400-800..........................  Current practice.
                                   Deactivate automatic  $320..............................  Crane employer.
                                    Reclosure devices.
----------------------------------------------------------------------------------------------------------------

[[Page 48102]]

 
Crane Inspections................  Monthly inspection..  15 minutes per crane in addition    Competent person
                                                          to current time spent (includes 2   ($22.88).
                                                          minutes per crane for
                                                          recordkeeping).
                                   Annual inspection...  15 minutes per crane in addition    Qualified person
                                                          to current time spent (includes 2   ($41.25).
                                                          minutes per crane for
                                                          recordkeeping).
                                   Repair inspections..  15 minutes per crane (includes 2    Qualified person
                                                          minutes per crane for               ($41.25).
                                                          recordkeeping).
                                   Written notification  30% of cranes annually; 0.17 hrs;.  Crane Operator
                                    of inoperable                                             ($35.62).
                                    operational aid or
                                    repair needed.
                                   Notify affected       30% of cranes annually, notify on   Crane Operator
                                    employees each        avg. for 20 days, 3 minutes each    ($35.62).
                                    shift of a broken     day.
                                    crane part or
                                    operational aid.
----------------------------------------------------------------------------------------------------------------
Operator Training for              Certify operators...   Wages for operator's training time (16 hours) for a 2-
 Certification/Qualification.                               day prep course with exams, plus 2 additional hours
                                                          for travel time. Thus, the total operator's pre-course
                                                            and exam time is 18 hours. Cost for a 2-day course
                                                           estimated to be $1,500. Total cost $2,054. Annualized
                                                          and adjusted for 5 percent turnover. Base line: 60% of
                                                               construction operators certified; 0% of crane
                                                                 operators in affected gen. indus sectors.
----------------------------------------------------------------------------------------------------------------
Source: Office of Regulatory Analysis; BLS 2010 Wages and Earnings.


                                           Table B-9--Annualized Compliance Cost by Sector and Major Provision
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Number of    Number of                   Crane                                  Operator       Total
          NAIC                  Industry          affected     affected      Ground     assembly/    Power line     Crane     qualification   annualized
                                                   firms        estabs       conds     disassembly     safety    inspections  certification      cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990.................  All Other Specialty          1,244        1,304  ...........  ...........  ...........     $823,510    $1,689,387    $2,512,898
                          Trade Cont.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412.................  Const./Min./For.             2,137        3,702  ...........  ...........  ...........    6,644,845     3,407,886    10,052,732
                          Machine & Equip.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................  New Single-Family              178          178            0        6,321       26,332       13,337        26,331        72,322
                          Housing Const.
236118.................  Residential                     25           25            0        1,786        7,442        3,798         7,441        20,467
                          Remodelers.
236210.................  Industrial Building              9           12            0       23,633       98,449       50,242        98,441       270,766
                          Construction.
236220.................  Commercial and                  23           31            0       20,783       86,575       44,183        86,568       238,109
                          Institutional
                          Building.
237110.................  Water and Sewer Line            52           69            0       45,692      190,340       97,138       190,326       523,496
                          and Related Struct.
237120.................  Oil and Gas Pipeline            20           26            0       23,103       96,241       49,116        96,233       264,693
                          and Related Struct.
237130.................  Power and                       34           34            0       15,788       65,769       33,565        65,765       180,887
                          Communication Line
                          and Rel.
237310.................  Highway, Street, and            80          107            0            0            0      432,238       846,896     1,279,134
                          Bridge Construction.
237990.................  Other Heavy and Civil           76          101            0      166,149      692,126      353,220       692,074     1,903,569
                          Engineering Const.
238110.................  Poured Concrete                261          261            0       95,662      398,499      203,371       398,470     1,096,002
                          Foundation and
                          Struct.
238120.................  Structural Steel and           200          266            0      147,527      614,552      313,631       614,507     1,690,217
                          Precast Concrete.
238130.................  Framing Contractors..           26           26            0          643        2,680        1,368         2,680         7,372
238150.................  Glass and Glazing               42           42            0        4,174       17,387        8,873        17,386        47,819
                          Contractors.
238170.................  Siding Contractors...            5            5            0          400        1,667          851         1,666         4,584
238190.................  Other Foundation,               49           65            0       15,817       65,888       33,625        65,883       181,212
                          Structure, and
                          Building.

[[Page 48103]]

 
238210.................  Electrical                      15           15            0            0            0        6,700        13,128        19,828
                          Contractors.
238220.................  Plumbing, Heating,               2            3            0        2,823       11,760        6,001        11,759        32,343
                          and Air-Conditioning.
238290.................  Other Building                 113          151            0       84,587      352,364      179,826       352,338       969,116
                          Equipment
                          Contractors.
238320.................  Painting and Wall               21           21            0        3,103       12,926        6,597        12,925        35,552
                          Covering Contract.
238910.................  Site Preparation               400          400            0      107,618      448,301      228,787       448,268     1,232,974
                          Contractors.
                                               ---------------------------------------------------------------------------------------------------------
                         Subtotal.............        1,630        1,838            0      765,611    3,189,297    2,066,467     4,049,086    10,070,461
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Own but Do Not Rent
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................  New Single family            3,097        3,097            0      242,637      832,026      424,617       831,965     2,331,245
                          housing construction.
236116.................  New Multifamily                217          217            0       17,027       58,388       29,798        58,384       163,597
                          housing construction.
236117.................  New housing operative        1,699        1,699            0      133,123      456,493      232,967       456,459     1,279,042
                          builders.
236118.................  Residential                    985          985            0       77,148      264,548      135,010       264,528       741,233
                          Remodelers.
236210.................  Industrial building            276          325            0       25,482       87,381       44,594        87,374       244,832
                          construction.
236220.................  Commercial and               4,141        4,141            0      324,459    1,112,602      567,806     1,112,520     3,117,387
                          Institutional Bldg.
                          Const.
237110.................  Water and Sewer Line         1,028        1,371            0      107,390      368,252      187,934       231,198       894,775
                          Const.
237120.................  Oil and gas pipeline           128          171            0       13,384       45,894       23,421         9,178        91,877
                          construction.
237130.................  Power and                      213          285            0            0            0       39,013        76,439       115,452
                          communication line
                          const.
237210.................  Land subdivision.....            0            0            0            0            0            0             0             0
237310.................  Highway, street and             88          118            0        9,209       31,580       16,117        31,578        88,484
                          bridge const.
237990.................  Other heavy and civil          273          273            0       21,392       73,355       37,436        73,349       205,532
                          eng.
238110.................  Poured Concrete                267          267            0       20,914       71,716       36,599        71,710       200,940
                          foundation and
                          struct.
238120.................  Structural steel and           334          334            0       26,187       89,799       45,828        89,793       251,607
                          precast concrete.
238130.................  Framing Contractors..        1,395        1,395            0      109,345      374,956      191,355       374,928     1,050,585
238140.................  Masonry Contractors..          137          137            0       10,747       36,852       18,807        36,849       103,255
238150.................  Glass & Glazing                 54           54            0        4,253       14,582        7,442        14,581        40,858
                          Contractors.
238160.................  Roofing Contractors..          197          197            0       15,405       52,826       26,959        52,822       148,013
238170.................  Siding Contractors...           53           53            0        4,129       14,158        7,225        14,157        39,668
238190.................  Other foundation,               25           25            0        1,997        6,849        3,495         6,849        19,191
                          structure, building,
                          ext.
238210.................  Electrical                      78           78            0            0            0       10,633        20,834        31,468
                          Contractors.
238220.................  Plumbing, Heating and           98           98            0        7,690       26,371       13,458        26,369        73,889
                          Air-conditioning
                          Cont.
238290.................  Other building                  49           65            0        5,103       17,498        8,930        17,496        49,027
                          equipment cont.
238310.................  Drywall and                      0            0            0            0            0            0             0             0
                          insulation
                          contractors.
238320.................  Painting and wall               41           41            0        3,248       11,139        5,685        11,138        31,211
                          covering contractors.
238330.................  Flooring Contractors.            0            0            0            0            0            0             0             0
238340.................  Tile and Terrazzo                0            0            0            0            0            0             0             0
                          contractors.
238350.................  Finish Carpentry                 0            0            0            0            0            0             0             0
                          contractors.
238390.................  Other building                   0            0            0            0            0            0             0             0
                          finishing
                          contractors.
238910.................  Site Preparation.....          389          389            0       30,454      104,430       53,295       104,422       292,601
221110.................  Electric Power                 524        2,101            0            0    2,304,000      363,390     4,063,374     6,730,763
                          Generation.
221120.................  Electric Power               1,232        7,393            0            0    9,216,000      777,517     8,694,086    18,687,603
                          Transmission,
                          Control, Dist.
221210.................  Natural Gas                    526        2,458            0      192,605      660,462      337,061     1,256,324     2,446,452
                          Distribution.
321213.................  Engineered Wood                132          162            0       12,694       43,529       22,215        82,801       161,239
                          Member (exc Truss)
                          Mfg.
321214.................  Truss Manufacturing..          902        1,085            0       85,019      291,538      148,784       554,561     1,079,902
336611.................  Ship Building and              575          635            0       21,549       73,892       37,710       281,114       414,265
                          Repairing.
339950.................  Sign Manufacturing...        6,291        6,415            0      186,336      638,966      326,091     1,215,434     2,366,828
423310.................  Lumbr, Plywd,                6,450        8,715            0            0            0            0             0             0
                          Millwork, Wd Pnl
                          Mrchnt Whle.
423330.................  Roofing, Siding, and         1,142        2,762            0            0            0            0             0             0
                          Insul Material Merch
                          Whle.
423390.................  Other Construction           2,363        3,155            0            0            0            0             0             0
                          Material Merchant
                          Whle.
423730.................  Warm Air Heating and         2,533        5,193            0      813,831    2,790,707    1,424,213     5,308,453    10,337,204
                          Air-Cond. Equip. &
                          Suppl.
444110.................  Home Centers.........        2,553        6,749            0            0            0            0             0             0

[[Page 48104]]

 
454312.................  Liquefied Petroleum          2,307        5,567            0      436,222    1,495,847      763,392     2,845,384     5,540,845
                          Gas (Bottled Gas)
                          Dealers.
482110.................  Railroads............           NA           NA           NA           NA           NA           NA            NA             0
486210.................  Pipeline                       127        1,363            0      106,803      366,237      186,906       696,651     1,356,596
                          Transportation of
                          Natural Gas.
517110.................  Wired                        2,517       27,159            0            0            0      411,384     1,533,349     1,944,733
                          Telecommunications
                          Carriers.
                                               ---------------------------------------------------------------------------------------------------------
                         Subtotal.............       45,436       96,725            0    3,065,783   22,032,873    6,967,089    30,606,452    62,672,198
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.................  New Single family           31,054       31,054    1,276,695    2,433,344    8,344,177  ...........     2,085,890    14,140,107
                          housing construction.
236116.................  New Multifamily              2,173        2,173            0      170,273      583,883  ...........       145,960       900,116
                          housing construction.
236117.................  New housing operative       16,989       16,989      681,229    1,331,232    4,564,926  ...........     1,141,147     7,718,535
                          builders.
236118.................  Residential                  9,848        9,848      404,986      771,674    2,646,147  ...........       661,488     4,484,296
                          Remodelers.
236210.................  Industrial building          3,264        3,264            0      255,762      877,033  ...........       219,242     1,352,038
                          construction.
236220.................  Commercial and              41,438       41,438            0    3,247,019   11,134,347  ...........     2,783,381    17,164,747
                          Institutional Bldg.
                          Construction.
237110.................  Water and Sewer Line        13,774       13,774            0    1,079,310    3,701,059  ...........       925,197     5,705,566
                          Const.
237120.................  Oil and gas pipeline         1,301        1,734            0      135,874      465,924  ...........       116,472       718,270
                          construction.
237130.................  Power and                    2,147        2,862            0            0            0  ...........       192,240       192,240
                          communication line
                          const.
237210.................  Land subdivision.....            0            0            0            0            0  ...........             0             0
237310.................  Highway, street and            890        1,186            0       92,933      318,677  ...........        79,663       491,273
                          bridge const.
237990.................  Other heavy and civil        2,781        2,781            0      217,876      747,117  ...........       186,766     1,151,759
                          eng.
238110.................  Poured Concrete              1,348        1,348            0      105,592      362,085  ...........        90,515       558,192
                          foundation and
                          struct.
238120.................  Structural steel and         3,608        3,608            0      282,717      969,466  ...........       242,349     1,494,532
                          precast concrete.
238130.................  Framing Contractors..       13,974       13,974            0    1,094,981    3,754,799  ...........       938,630     5,788,411
238140.................  Masonry Contractors..        1,372        1,372            0      107,469      368,521  ...........        92,123       568,113
238150.................  Glass & Glazing                547          547            0       42,854      146,951  ...........        36,735       226,541
                          Contractors.
238160.................  Roofing Contractors..        1,966        1,966            0      154,053      528,262  ...........       132,056       814,371
238170.................  Siding Contractors...          527          527            0       41,307      141,645  ...........        35,409       218,360
238190.................  Other foundation,              258          258            0       20,228       69,365  ...........        17,340       106,933
                          structure, building,
                          ext.
238210.................  Electrical                     776          776            0            0            0  ...........        52,096        52,096
                          Contractors.
238220.................  Plumbing, Heating and          981          981            0       76,906      263,720  ...........        65,925       406,552
                          Air-conditioning
                          Cont.
238290.................  Other building               4,997        6,663            0      522,103    1,790,341  ...........       447,552     2,759,996
                          equipment cont.
238310.................  Drywall and                      0            0            0            0            0  ...........             0             0
                          insulation
                          contractors.
238320.................  Painting and wall              415          415            0       32,501      111,448  ...........        27,860       171,809
                          covering contractors.
238330.................  Flooring Contractors.            0            0            0            0            0  ...........             0             0
238340.................  Tile and Terrazzo                0            0            0            0            0  ...........             0             0
                          contractors.
238350.................  Finish Carpentry                 0            0            0            0            0  ...........             0             0
                          contractors.
238390.................  Other building                   0            0            0            0            0  ...........             0             0
                          finishing
                          contractors.
238910.................  Site Preparation.....        3,927        3,927            0      307,675    1,055,046  ...........       263,742     1,626,463
                                               ---------------------------------------------------------------------------------------------------------
                         Subtotal.............      160,352      163,463    2,362,911   12,523,682   42,944,942  ...........    10,979,778    68,811,312
                                               ---------------------------------------------------------------------------------------------------------
                            Total.............      210,800      267,032    2,362,911   16,355,077   68,167,112   16,501,911    50,732,589   154,119,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: ORA.


                      Table B-10--Annualized Compliance Costs Per Establishments by Sector
----------------------------------------------------------------------------------------------------------------
                                                            Number of     Number of    Annualized
            NAIC                       Industry             affected      affected     compliance     Cost per
                                                              firms        estabs.        cost         estab.
----------------------------------------------------------------------------------------------------------------
                                           Crane Rental With Operators
----------------------------------------------------------------------------------------------------------------
238990......................  All Other Specialty Trade          1,244         1,304    $2,512,898        $1,927
                               Cont.
----------------------------------------------------------------------------------------------------------------

[[Page 48105]]

 
                                  Crane Rental Without Operators (Bare Rentals)
----------------------------------------------------------------------------------------------------------------
532412......................  Const./Min./For. Machine &         2,137         3,702    10,052,732         2,934
                               Equip.
----------------------------------------------------------------------------------------------------------------
                                       Own and Rent Cranes With Operators
----------------------------------------------------------------------------------------------------------------
236115......................  New Single-Family Housing            178           178        72,322           406
                               Const.
236118......................  Residential Remodelers....            25            25        20,467           819
236210......................  Industrial Building                    9            12       270,766        22,564
                               Construction.
236220......................  Commercial and                        23            31       238,109         7,681
                               Institutional Building.
237110......................  Water and Sewer Line and              52            69       523,496         7,587
                               Related Struct.
237120......................  Oil and Gas Pipeline and              20            26       264,693        10,180
                               Related Struct.
237130......................  Power and Communication               34            34       180,887         5,320
                               Line and Rel.
237310......................  Highway, Street, and                  80           107     1,279,134        11,955
                               Bridge Construction.
237990......................  Other Heavy and Civil                 76           101     1,903,569        18,847
                               Engineering Const.
238110......................  Poured Concrete Foundation           261           261     1,096,002         4,199
                               and Struct.
238120......................  Structural Steel and                 200           266     1,690,217         6,354
                               Precast Concrete.
238130......................  Framing Contractors.......            26            26         7,372           284
238150......................  Glass and Glazing                     42            42        47,819         1,139
                               Contractors.
238170......................  Siding Contractors........             5             5         4,584           917
238190......................  Other Foundation,                     49            65       181,212         2,788
                               Structure, and Building.
238210......................  Electrical Contractors....            15            15        19,828         1,322
238220......................  Plumbing, Heating, and Air-            2             3        32,343        10,781
                               Conditioning.
238290......................  Other Building Equipment             113           151       969,116         6,418
                               Contractors.
238320......................  Painting and Wall Covering            21            21        35,552         1,693
                               Contract.
238910......................  Site Preparation                     400           400     1,232,974         3,082
                               Contractors.
                                                         -------------------------------------------------------
                              Subtotal..................         1,630         1,838    10,070,461  ............
----------------------------------------------------------------------------------------------------------------
                                               Own but Do Not Rent
----------------------------------------------------------------------------------------------------------------
236115......................  New Single family housing          3,097         3,097     2,331,245           753
                               construction.
236116......................  New Multifamily housing              217           217       163,597           753
                               construction.
236117......................  New housing operative              1,699         1,699     1,279,042           753
                               builders.
236118......................  Residential Remodelers....           985           985       741,233           753
236210......................  Industrial building                  276           325       244,832           753
                               construction.
236220......................  Commercial and                     4,141         4,141     3,117,387           753
                               Institutional Bldg. Const.
237110......................  Water and Sewer Line Const         1,028         1,371       894,775           653
237120......................  Oil and gas pipeline                 128           171        91,877           538
                               construction.
237130......................  Power and communication              213           285       115,452           406
                               line const.
237210......................  Land subdivision..........             0             0             0             0
237310......................  Highway, street and bridge            88           118        88,484           753
                               const.
237990......................  Other heavy and civil eng.           273           273       205,532           753
238110......................  Poured Concrete foundation           267           267       200,940           753
                               and struct.
238120......................  Structural steel and                 334           334       251,607           753
                               precast concrete.
238130......................  Framing Contractors.......         1,395         1,395     1,050,585           753
238140......................  Masonry Contractors.......           137           137       103,255           753
238150......................  Glass & Glazing                       54            54        40,858           753
                               Contractors.
238160......................  Roofing Contractors.......           197           197       148,013           753
238170......................  Siding Contractors........            53            53        39,668           753
238190......................  Other foundation,                     25            25        19,191           753
                               structure, building, ext.
238210......................  Electrical Contractors....            78            78        31,468           406
238220......................  Plumbing, Heating and Air-            98            98        73,889           753
                               conditioning Cont.
238290......................  Other building equipment              49            65        49,027           753
                               cont.
238310......................  Drywall and insulation                 0             0             0             0
                               contractors.
238320......................  Painting and wall covering            41            41        31,211           753
                               contractors.
238330......................  Flooring Contractors......             0             0             0             0
238340......................  Tile and Terrazzo                      0             0             0             0
                               contractors.
238350......................  Finish Carpentry                       0             0             0             0
                               contractors.
238390......................  Other building finishing               0             0             0             0
                               contractors.
238910......................  Site Preparation..........           389           389       292,601           753
221110......................  Electric Power Generation.           524         2,101     6,730,763         3,204
221120......................  Electric Power                     1,232         7,393    18,687,603         2,528
                               Transmission, Control,
                               Dist.
221210......................  Natural Gas Distribution..           526         2,458     2,446,452           995
321213......................  Engineered Wood Member               132           162       161,239           995
                               (exc Truss) Mfg.
321214......................  Truss Manufacturing.......           902         1,085     1,079,902           995
336611......................  Ship Building and                    575           635       414,265           652
                               Repairing.
339950......................  Sign Manufacturing........         6,291         6,415     2,366,828           369
423310......................  Lumbr, Plywd, Millwork, Wd         6,450         8,715             0             0
                               Pnl Mrchnt Whle.
423330......................  Roofing, Siding, and Insul         1,142         2,762             0             0
                               Material Merch Whle.
423390......................  Other Construction                 2,363         3,155             0             0
                               Material Merchant Whle.

[[Page 48106]]

 
423730......................  Warm Air Heating and Air-          2,533         5,193    10,337,204         1,991
                               Cond. Equip. & Suppl.
444110......................  Home Centers..............         2,553         6,749             0             0
454312......................  Liquefied Petroleum Gas            2,307         5,567     5,540,845           995
                               (Bottled Gas) Dealers.
482110......................  Railroads.................            NA            NA            NA            NA
486210......................  Pipeline Transportation of           127         1,363     1,356,596           995
                               Natural Gas.
517110......................  Wired Telecommunications           2,517        27,159     1,944,733            72
                               Carriers.
                                                         -------------------------------------------------------
                              Subtotal..................        45,436        96,725    62,672,198  ............
----------------------------------------------------------------------------------------------------------------
                                   Crane Lessees in the Construction Industry
----------------------------------------------------------------------------------------------------------------
236115......................  New Single family housing         31,054        31,054    14,140,107           455
                               construction.
236116......................  New Multifamily housing            2,173         2,173       900,116           414
                               construction.
236117......................  New housing operative             16,989        16,989     7,718,535           454
                               builders.
236118......................  Residential Remodelers....         9,848         9,848     4,484,296           455
236210......................  Industrial building                3,264         3,264     1,352,038           414
                               construction.
236220......................  Commercial and                    41,438        41,438    17,164,747           414
                               Institutional Bldg.
                               Construction.
237110......................  Water and Sewer Line Const        13,774        13,774     5,705,566           414
237120......................  Oil and gas pipeline               1,301         1,734       718,270           552
                               construction.
237130......................  Power and communication            2,147         2,862       192,240            90
                               line const.
237210......................  Land subdivision..........             0             0             0            NA
237310......................  Highway, street and bridge           890         1,186       491,273           552
                               const.
237990......................  Other heavy and civil eng.         2,781         2,781     1,151,759           414
238110......................  Poured Concrete foundation         1,348         1,348       558,192           414
                               and struct.
238120......................  Structural steel and               3,608         3,608     1,494,532           414
                               precast concrete.
238130......................  Framing Contractors.......        13,974        13,974     5,788,411           414
238140......................  Masonry Contractors.......         1,372         1,372       568,113           414
238150......................  Glass & Glazing                      547           547       226,541           414
                               Contractors.
238160......................  Roofing Contractors.......         1,966         1,966       814,371           414
238170......................  Siding Contractors........           527           527       218,360           414
238190......................  Other foundation,                    258           258       106,933           414
                               structure, building, ext.
238210......................  Electrical Contractors....           776           776        52,096            67
238220......................  Plumbing, Heating and Air-           981           981       406,552           414
                               conditioning Cont.
238290......................  Other building equipment           4,997         6,663     2,759,996           552
                               cont.
238310......................  Drywall and insulation                 0             0             0            NA
                               contractors.
238320......................  Painting and wall covering           415           415       171,809           414
                               contractors.
238330......................  Flooring Contractors......             0             0             0            NA
238340......................  Tile and Terrazzo                      0             0             0            NA
                               contractors.
238350......................  Finish Carpentry                       0             0             0            NA
                               contractors.
238390......................  Other building finishing               0             0             0            NA
                               contractors.
238910......................  Site Preparation..........         3,927         3,927     1,626,463           414
                                                         -------------------------------------------------------
                              Subtotal..................       160,352       163,463    68,811,312  ............
                                                         -------------------------------------------------------
                              Total.....................       210,800       267,032   154,119,600  ............
----------------------------------------------------------------------------------------------------------------
Source: ORA.


        Table B-11--Estimates of Cranes, Crane Jobs, and Affected Crane Operators for All Establishments
----------------------------------------------------------------------------------------------------------------
                                                  Number of    Number of
          NAIC                  Industry           affected     affected      Total      Crane jobs    Affected
                                                    firms       estabs.       cranes                  operators
----------------------------------------------------------------------------------------------------------------
                                           Crane Rental With Operators
----------------------------------------------------------------------------------------------------------------
238990.................  All Other Specialty           1,244        1,304        6,288  ...........        6,288
                          Trade Cont.
----------------------------------------------------------------------------------------------------------------
                                  Crane Rental Without Operators (Bare Rentals)
----------------------------------------------------------------------------------------------------------------
532412.................  Const./Min./For.              2,137        3,702       50,735  ...........       12,684
                          Machine & Equip.
----------------------------------------------------------------------------------------------------------------
                                       Own and Rent Cranes With Operators
----------------------------------------------------------------------------------------------------------------
236115.................  New Single-Family               178          178           98          490           98
                          Housing Const.
236118.................  Residential Remodelers           25           25           28          138           28
236210.................  Industrial Building               9           12          366        1,832          366
                          Construction.
236220.................  Commercial and                   23           31          322        1,611          322
                          Institutional
                          Building.
237110.................  Water and Sewer Line             52           69          708        3,542          708
                          and Related Struct.
237120.................  Oil and Gas Pipeline             20           26          358        1,791          358
                          and Related Struct.
237130.................  Power and                        34           34          245        1,224          245
                          Communication Line
                          and Rel.

[[Page 48107]]

 
237310.................  Highway, Street, and             80          107        3,152       15,760        3,152
                          Bridge Construction.
237990.................  Other Heavy and Civil            76          101        2,576       12,879        2,576
                          Engineering Const.
238110.................  Poured Concrete                 261          261        1,483        7,415        1,483
                          Foundation and Struct.
238120.................  Structural Steel and            200          266        2,287       11,436        2,287
                          Precast Concrete.
238130.................  Framing Contractors...           26           26           10           50           10
238150.................  Glass and Glazing                42           42           65          324           65
                          Contractors.
238170.................  Siding Contractors....            5            5            6           31            6
238190.................  Other Foundation,                49           65          245        1,226          245
                          Structure, and
                          Building.
238210.................  Electrical Contractors           15           15           49          244           49
238220.................  Plumbing, Heating, and            2            3           44          219           44
                          Air-Conditioning.
238290.................  Other Building                  113          151        1,311        6,557        1,311
                          Equipment Contractors.
238320.................  Painting and Wall                21           21           48          241           48
                          Covering Contract.
238910.................  Site Preparation                400          400        1,668        8,342        1,668
                          Contractors.
                                                ----------------------------------------------------------------
                         Subtotal..............        1,630        1,838       15,070       75,352       15,070
----------------------------------------------------------------------------------------------------------------
                                               Own But Do Not Rent
----------------------------------------------------------------------------------------------------------------
236115.................  New Single family             3,097        3,097        3,097       15,483        3,097
                          housing construction.
236116.................  New Multifamily                 217          217          217        1,087          217
                          housing construction.
236117.................  New housing operative         1,699        1,699        1,699        8,495        1,699
                          builders.
236118.................  Residential Remodelers          985          985          985        4,923          985
236210.................  Industrial building             276          325          325        1,626          325
                          construction.
236220.................  Commercial and                4,141        4,141        4,141       20,704        4,141
                          Institutional Bldg.
                          Const.
237110.................  Water and Sewer Line          1,028        1,371        1,371        6,853        1,371
                          Const.
237120.................  Oil and gas pipeline            128          171          171          854          171
                          construction.
237130.................  Power and                       213          285          285        1,423          285
                          communication line
                          const.
237210.................  Land subdivision......            0            0            0            0            0
237310.................  Highway, street and              88          118          118          588          118
                          bridge const.
237990.................  Other heavy and civil           273          273          273        1,365          273
                          eng.
238110.................  Poured Concrete                 267          267          267        1,335          267
                          foundation and struct.
238120.................  Structural steel and            334          334          334        1,671          334
                          precast concrete.
238130.................  Framing Contractors...        1,395        1,395        1,395        6,977        1,395
238140.................  Masonry Contractors...          137          137          137          686          137
238150.................  Glass & Glazing                  54           54           54          271           54
                          Contractors.
238160.................  Roofing Contractors...          197          197          197          983          197
238170.................  Siding Contractors....           53           53           53          263           53
238190.................  Other foundation,                25           25           25          127           25
                          structure, building,
                          ext.
238210.................  Electrical Contractors           78           78           78          388           78
238220.................  Plumbing, Heating and            98           98           98          491           98
                          Air-Conditioning Cont.
238290.................  Other building                   49           65           65          326           65
                          equipment cont.
238310.................  Drywall and insulation            0            0            0            0            0
                          contractors.
238320.................  Painting and wall                41           41           41          207           41
                          covering contractors.
238330.................  Flooring Contractors..            0            0            0            0            0
238340.................  Tile and Terrazzo                 0            0            0            0            0
                          contractors.
238350.................  Finish Carpentry                  0            0            0            0            0
                          contractors.
238390.................  Other building                    0            0            0            0            0
                          finishing contractors.
238910.................  Site Preparation......          389          389          389        1,943          389
221110.................  Electric Power                  524        2,101        2,650       13,250        7,950
                          Generation.
221120.................  Electric Power                1,232        7,393        5,670       28,350       17,010
                          Transmission,
                          Control, and
                          Distribution.
221210.................  Natural Gas                     526        2,458        2,458       12,290        2,458
                          Distribution.
321213.................  Engineered Wood Member          132          162          162          810          162
                          (except Truss)
                          Manufacturing.
321214.................  Truss Manufacturing...          902        1,085        1,085        5,425        1,085
336611.................  Ship Building and               575          635          275        1,375          550
                          Repairing.
339950.................  Sign Manufacturing....        6,291        6,415        2,378       11,890        2,378
423310.................  Lumber, Plywood,              6,450        8,715            0            0            0
                          Millwork, and Wood
                          Panel Merchant
                          Wholesalers+B42.
423330.................  Roofing, Siding, and          1,142        2,762            0            0            0
                          Insulation Material
                          Merchant Wholesalers.
423390.................  Other Construction            2,363        3,155            0            0            0
                          Material Merchant
                          Wholesalers.
423730.................  Warm Air Heating and          2,533        5,193       10,386       51,930       10,386
                          Air-Cond. Equip. and
                          Supplies.
444110.................  Home Centers..........        2,553        6,749            0            0            0
454312.................  Liquefied Petroleum           2,307        5,567        5,567       27,835        5,567
                          Gas (Bottled Gas)
                          Dealers.
482110.................  Railroads.............           NA           NA           NA           NA           NA
486210.................  Pipeline                        127        1,363        1,363        6,815        1,363
                          Transportation of
                          Natural Gas.
517110.................  Wired                         2,517       27,159        3,000       15,000        3,000
                          Telecommunications
                          Carriers.
                                                ----------------------------------------------------------------
                         Subtotal..............       45,436       96,725       50,807      254,036       67,722
----------------------------------------------------------------------------------------------------------------

[[Page 48108]]

 
                                   Crane Lessees in the Construction Industry
----------------------------------------------------------------------------------------------------------------
236115.................  New Single family            31,054       31,054  ...........      155,270        7,764
                          housing construction.
236116.................  New Multifamily               2,173        2,173  ...........       10,865          543
                          housing construction.
236117.................  New housing operative        16,989       16,989  ...........       84,945        4,247
                          builders.
236118.................  Residential Remodelers        9,848        9,848  ...........       49,240        2,462
236210.................  Industrial building           3,264        3,264  ...........       16,320          816
                          construction.
236220.................  Commercial and               41,438       41,438  ...........      207,190       10,360
                          Institutional Bldg.
                          Construction.
237110.................  Water and Sewer Line         13,774       13,774  ...........       68,870        3,444
                          Const.
237120.................  Oil and gas pipeline          1,301        1,734  ...........        8,670          434
                          construction.
237130.................  Power and                     2,147        2,862  ...........       14,310          716
                          communication line
                          const.
237210.................  Land subdivision......            0            0  ...........            0            0
237310.................  Highway, street and             890        1,186  ...........        5,930          297
                          bridge const.
237990.................  Other heavy and civil         2,781        2,781  ...........       13,903          695
                          eng.
238110.................  Poured Concrete               1,348        1,348  ...........        6,738          337
                          foundation and struct.
238120.................  Structural steel and          3,608        3,608  ...........       18,040          902
                          precast concrete.
238130.................  Framing Contractors...       13,974       13,974  ...........       69,870        3,494
238140.................  Masonry Contractors...        1,372        1,372  ...........        6,858          343
238150.................  Glass & Glazing                 547          547  ...........        2,735          137
                          Contractors.
238160.................  Roofing Contractors...        1,966        1,966  ...........        9,830          492
238170.................  Siding Contractors....          527          527  ...........        2,636          132
238190.................  Other foundation,               258          258  ...........        1,291           65
                          structure, building,
                          ext.
238210.................  Electrical Contractors          776          776  ...........        3,878          194
238220.................  Plumbing, Heating and           981          981  ...........        4,907          245
                          Air-Conditioning Cont.
238290.................  Other building                4,997        6,663  ...........       33,315        1,666
                          equipment cont.
238310.................  Drywall and insulation            0            0  ...........            0            0
                          contractors.
238320.................  Painting and wall               415          415  ...........        2,074          104
                          covering contractors.
238330.................  Flooring Contractors..            0            0  ...........            0            0
238340.................  Tile and Terrazzo                 0            0  ...........            0            0
                          contractors.
238350.................  Finish Carpentry                  0            0  ...........            0            0
                          contractors.
238390.................  Other building                    0            0  ...........            0            0
                          finishing contractors.
238910.................  Site Preparation......        3,927        3,927  ...........       19,633          982
                                                ----------------------------------------------------------------
                         Subtotal..............      160,352      163,463  ...........      817,315       40,866
                                                ----------------------------------------------------------------
                            Total..............      210,800      267,032      122,901    1,146,703      142,630
----------------------------------------------------------------------------------------------------------------
Source: ORA.
 U.S. Census Bureau data.

7. Economic Feasibility and Impacts
    This section presents OSHA's analysis of the potential economic 
impacts of the final standard and an assessment of its economic 
feasibility. A separate analysis of the potential economic impacts on 
small entities (as defined by the Small Business Administration) and on 
very small entities (employers with fewer than 20 employees) is 
presented in the following section as part of the Final Regulatory 
Flexibility Analysis, conducted in accordance with the Regulatory 
Flexibility Act.
    A standard is economically feasible if it does not threaten massive 
dislocation to an industry or imperil its existence. (See United 
Steelworkers v. Marshall, 647 F.2d 1189 (DC Cit. 1980).) The court also 
found that a standard that is financially burdensome or threatens the 
survival of some companies in an industry is not sufficient to render 
it infeasible. Further, the cost of compliance with an OSHA standard 
must be analyzed ``in relation to the financial health and 
profitability of the industry and the likely effect of such costs on 
unit consumer prices.'' Id. The court also found that ``the practical 
question is whether the standard threatens the competitive stability of 
an industry, or whether any intra-industry or inter-industry 
discrimination in the standard might wreck such stability or lead to 
undue concentration.'' Id.
    To assess the potential economic impacts of the final rule, OSHA 
compared the anticipated costs of achieving compliance against revenues 
and profits of establishments affected by the rule. This screening 
analysis is presented in Table B-12. This table is considered a 
screening analysis because it measures costs as a percent of pre-tax 
profits and revenues, but does not predict impacts on pre-tax profits 
and sales. This screening analysis is used to determine whether the 
compliance costs potentially associated with the standard would lead to 
significant impacts on establishments in the affected industries. The 
actual impact of the standard on the profits and revenues of 
establishments in a given industry will depend on the price elasticity 
of demand for the services sold by establishments in that industry.
    Price elasticity refers to the relationship between the price 
charged for a service and the demand for that service; the more elastic 
the relationship, the less able an establishment is to pass the costs 
of compliance through to its customers in the form of a price increase, 
and the more it will have to absorb the costs of compliance in the form 
of reduced profits. In general, ``when an industry is subject to a 
higher cost, it does not simply swallow it, it raises its price and 
reduces its output, and in this way shifts a part of the cost to its 
consumers and a part to its suppliers.'' American

[[Page 48109]]

Dental Association v. Secretary of Labor, 984 F.2d 823, 829 (7th Cir. 
1993).

                              Table B-12--Estimates of Economic Impacts for Affected Establishments Across Industry Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Affected              Avg.         Avg.
                                                             --------------------------   revenues   profits per    Cost per     Cost as a    Cost as a
             NAIC                         Industry                                       per estab.     estab.       estab.     percent of    percent of
                                                                 Firms       Estabs.      ($1,000)     ($1,000)                  revenues      profits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental With Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990........................  All Other Specialty Trade           1,244        1,304        1,918           79        1,927         0.10          2.45
                                 Cont.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental Without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412........................  Const./Min./For. Machine &          2,137        3,702        2,258          145        2,934         0.13          2.02
                                 Equip.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes With Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single-Family Housing             178          178          220           10          406         0.18          3.95
                                 Const.
236118........................  Residential Remodelers......           25           25          443           21          819         0.18          3.95
236210........................  Industrial Building                     9           12       12,213          571       22,564         0.18          3.95
                                 Construction.
236220........................  Commercial and Institutional           23           31        4,157          194        7,681         0.18          3.95
                                 Building.
237110........................  Water and Sewer Line and               52           69        4,107          214        7,587         0.18          3.54
                                 Related Struct.
237120........................  Oil and Gas Pipeline and               20           26        5,510          288       10,180         0.18          3.54
                                 Related Struct.
237130........................  Power and Communication Line           34           34        2,880          150        5,320         0.18          3.54
                                 and Rel.
237310........................  Highway, Street, and Bridge            80          107       11,783          615       11,955         0.10          1.94
                                 Construction.
237990........................  Other Heavy and Civil                  76          101       10,201          533       18,847         0.18          3.54
                                 Engineering Const.
238110........................  Poured Concrete Foundation            261          261        2,273          101        4,199         0.18          4.18
                                 and Struct.
238120........................  Structural Steel and Precast          200          266        3,439          152        6,354         0.18          4.18
                                 Concrete.
238130........................  Framing Contractors.........           26           26          153            7          284         0.18          4.18
238150........................  Glass and Glazing                      42           42          616           27        1,139         0.18          4.18
                                 Contractors.
238170........................  Siding Contractors..........            5            5          496           22          917         0.18          4.18
238190........................  Other Foundation, Structure,           49           65        1,509           67        2,788         0.18          4.18
                                 and Building.
238210........................  Electrical Contractors......           15           15        1,303           56        1,322         0.10          2.35
238220........................  Plumbing, Heating, and Air-             2            3        5,835          225       10,781         0.18          4.79
                                 Conditioning.
238290........................  Other Building Equipment              113          151        3,474          154        6,418         0.18          4.18
                                 Contractors.
238320........................  Painting and Wall Covering             21           21          916           41        1,693         0.18          4.18
                                 Contract.
238910........................  Site Preparation Contractors          400          400        1,668           76        3,082         0.18          4.05
                                                             -------------------------------------------------------------------------------------------
                                Subtotal....................        1,630        1,838  ...........  ...........  ...........  ............  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Own but Do Not Rent
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single family housing           3,097        3,097        1,520           71          753         0.05          1.06
                                 construction.
236116........................  New Multifamily housing               217          217        5,477          256          753         0.01          0.29
                                 construction.
236117........................  New housing operative               1,699        1,699        6,021          281          753         0.01          0.27
                                 builders.
236118........................  Residential Remodelers......          985          985          646           30          753         0.12          2.49
236210........................  Industrial building                   276          325        5,931          277          753         0.01          0.27
                                 construction.
236220........................  Commercial and Institutional        4,141        4,141        7,177          335          753         0.01          0.22
                                 Bldg. Const.
237110........................  Water and Sewer Line Const..        1,028        1,371        3,239          169          653         0.02          0.39

[[Page 48110]]

 
237120........................  Oil and gas pipeline                  128          171        9,189          480          538         0.01          0.11
                                 construction.
237130........................  Power and communication line          213          285        5,581          291          406         0.01          0.14
                                 const.
237210........................  Land subdivision............            0            0        2,878          318            0         0.00          0.00
237310........................  Highway, street and bridge             88          118        8,279          432          753         0.01          0.17
                                 const.
237990........................  Other heavy and civil eng...          273          273        3,965          207          753         0.02          0.36
238110........................  Poured Concrete foundation            267          267        1,682           74          753         0.04          1.01
                                 and struct.
238120........................  Structural steel and precast          334          334        2,712          120          753         0.03          0.63
                                 concrete.
238130........................  Framing Contractors.........        1,395        1,395          936           41          753         0.08          1.82
238140........................  Masonry Contractors.........          137          137          876           39          753         0.09          1.94
238150........................  Glass & Glazing Contractors.           54           54        1,470           65          753         0.05          1.16
238160........................  Roofing Contractors.........          197          197        1,390           61          753         0.05          1.22
238170........................  Siding Contractors..........           53           53          580           26          753         0.13          2.94
238190........................  Other foundation, structure,           25           25        1,013           45          753         0.07          1.68
                                 building, ext.
238210........................  Electrical Contractors......           78           78        1,321           57          406         0.03          0.71
238220........................  Plumbing, Heating and Air-             98           98        1,473           57          753         0.05          1.32
                                 conditioning Cont.
238290........................  Other building equipment               49           65        2,959          131          753         0.03          0.58
                                 cont.
238310........................  Drywall and insulation                  0            0        1,751           77            0         0.00          0.00
                                 contractors.
238320........................  Painting and wall covering             41           41          530           23          753         0.14          3.21
                                 contractors.
238330........................  Flooring Contractors........            0            0          811           36            0         0.00          0.00
238340........................  Tile and Terrazzo                       0            0          698           31            0         0.00          0.00
                                 contractors.
238350........................  Finish Carpentry contractors            0            0          678           30            0         0.00          0.00
238390........................  Other building finishing                0            0        1,091           48            0         0.00          0.00
                                 contractors.
238910........................  Site Preparation............          389          389        1,416           65          753         0.05          1.16
221110........................  Electric Power Generation...          524        2,101       43,042        1,911        3,204         0.01          0.17
221120........................  Electric Power Transmission,        1,232        7,393       37,443        1,662        2,528         0.01          0.15
                                 Control, Dist.
221210........................  Natural Gas Distribution....          526        2,458       30,459          907          995         0.00          0.11
321213........................  Engineered Wood Member (exc           132          162       19,027          737          995         0.01          0.14
                                 Truss) Mfg.
321214........................  Truss Manufacturing.........          902        1,085        5,972          231          995         0.02          0.43
336611........................  Ship Building and Repairing.          575          635       23,071        1,406          652         0.00          0.05
339950........................  Sign Manufacturing..........        6,291        6,415        1,761          103          369         0.02          0.36
423310........................  Lumbr, Plywd, Millwork, Wd          6,450        8,715       14,905          430            0         0.00          0.00
                                 Pnl Mrchnt Whle.
423330........................  Roofing, Siding, and Insul          1,142        2,762        8,985          259            0         0.00          0.00
                                 Material Merch Whle.
423390........................  Other Construction Material         2,363        3,155        4,859          140            0         0.00          0.00
                                 Merchant Whle.
423730........................  Warm Air Heating and Air-           2,533        5,193        5,413          167        1,991         0.04          1.19
                                 Cond. Equip. & Suppl.
444110........................  Home Centers................        2,553        6,749       21,816        1,679            0         0.00          0.00
454312........................  Liquefied Petroleum Gas             2,307        5,567        1,698           72          995         0.06          1.39
                                 (Bottled Gas) Dealers.
482110........................  Railroads...................           NA           NA           NA           NA           NA        NA               NA
486210........................  Pipeline Transportation of            127        1,363       15,037        1,990          995         0.01          0.05
                                 Natural Gas.

[[Page 48111]]

 
517110........................  Wired Telecommunications            2,517       27,159        7,294          518           72         0.00          0.01
                                 Carriers.
                                                             -------------------------------------------------------------------------------------------
                                Subtotal....................       45,436       96,725  ...........  ...........  ...........  ............  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single family housing          31,054       31,054        3,040          142          455         0.01          0.32
                                 construction.
236116........................  New Multifamily housing             2,173        2,173       10,954          512          414         0.00          0.08
                                 construction.
236117........................  New housing operative              16,989       16,989       12,041          563          454         0.00          0.08
                                 builders.
236118........................  Residential Remodelers......        9,848        9,848        6,456          302          455         0.01          0.15
236210........................  Industrial building                 3,264        3,264        5,931          277          414         0.01          0.15
                                 construction.
236220........................  Commercial and Institutional       41,438       41,438        7,177          335          414         0.01          0.12
                                 Bldg. Construction.
237110........................  Water and Sewer Line Const..       13,774       13,774        3,239          169          414         0.01          0.24
237120........................  Oil and gas pipeline                1,301        1,734        9,189          480          552         0.01          0.12
                                 construction.
237130........................  Power and communication line        2,147        2,862       11,163          583           90         0.00          0.02
                                 const.
237210........................  Land subdivision............            0            0            0            0           NA         0.00          0.00
237310........................  Highway, street and bridge            890        1,186       82,791        4,323          552         0.00          0.01
                                 const.
237990........................  Other heavy and civil eng...        2,781        2,781        7,931          414          414         0.01          0.10
238110........................  Poured Concrete foundation          1,348        1,348       33,636        1,487          414         0.00          0.03
                                 and struct.
238120........................  Structural steel and precast        3,608        3,608        2,712          120          414         0.02          0.35
                                 concrete.
238130........................  Framing Contractors.........       13,974       13,974        1,249           55          414         0.03          0.75
238140........................  Masonry Contractors.........        1,372        1,372       17,527          775          414         0.00          0.05
238150........................  Glass & Glazing Contractors.          547          547       14,698          650          414         0.00          0.06
238160........................  Roofing Contractors.........        1,966        1,966       13,903          615          414         0.00          0.07
238170........................  Siding Contractors..........          527          527       11,596          513          414         0.00          0.08
238190........................  Other foundation, structure,          258          258       20,266          896          414         0.00          0.05
                                 building, ext.
238210........................  Electrical Contractors......          776          776      132,128        5,714           67         0.00          0.00
238220........................  Plumbing, Heating and Air-            981          981      147,307        5,685          414         0.00          0.01
                                 conditioning Cont.
238290........................  Other building equipment            4,997        6,663        2,959          131          552         0.02          0.42
                                 cont.
238310........................  Drywall and insulation                  0            0            0            0           NA         0.00          0.00
                                 contractors.
238320........................  Painting and wall covering            415          415       52,995        2,343          414         0.00          0.02
                                 contractors.
238330........................  Flooring Contractors........            0            0            0            0           NA         0.00          0.00
238340........................  Tile and Terrazzo                       0            0            0            0           NA         0.00          0.00
                                 contractors.
238350........................  Finish Carpentry contractors            0            0            0            0           NA         0.00          0.00
238390........................  Other building finishing                0            0            0            0           NA         0.00          0.00
                                 contractors.
238910........................  Site Preparation............        3,927        3,927       14,164          647          414         0.003         0.06
                                                             -------------------------------------------------------------------------------------------
                                Subtotal....................      160,352      163,463  ...........  ...........  ...........         0.05          1.17
                                                             -------------------------------------------------------------------------------------------
                                   Total....................      210,800      267,032  ...........  ...........  ...........  ............  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Census Bureau data.
 Country Business Patters, 2006; Statistics of U.S. Businesses 2006.
 Internal Revenue Service, Source Book, profit rates over 2000-2006.


[[Page 48112]]

    In the extreme, if demand is perfectly inelastic (i.e., the price 
elasticity is 0), then the expected impact of compliance costs equal to 
1 percent of revenues would be a 1 percent increase in the price of the 
product or service, with no decline in demand or profit. Such a 
situation would be most likely when there are few, if any, substitutes 
for the product or service offered by the affected sector or if the 
products or services of the affected sector account only for a small 
portion of the income of its consumers. On the other hand, if demand is 
perfectly elastic (i.e., the price elasticity is infinitely large), 
then no increase in price is possible, and before-tax profits would be 
reduced by an amount equal to the costs of compliance (minus any cost 
savings resulting from compliance, such as improved worker health and 
reduced insurance costs). Under this scenario, if the costs of 
compliance represent a large percentage of the sector's profits, some 
establishments might be forced to close. This scenario is highly 
unlikely to occur, however, because it can only arise when there are 
other goods and services that are, in the eye of the consumer, perfect 
substitutes for the goods and services the affected establishments 
produce or provide.
    A common intermediate case would be a price elasticity of one. In 
this situation, if the costs of compliance amount to 1 percent of 
revenues, then production would decline by 1 percent and prices would 
rise by 1 percent. The sector would be expected to remain in business 
and maintain a comparable profit rate as before implementation of the 
standard, but would produce 1 percent less of its services. Consumers 
would effectively absorb the costs through a combination of increased 
prices and reduced consumption; this, as the court described in ADA v. 
Secretary of Labor, is the more typical case.
    Table B-12 presents estimates for the number of affected 
establishments, average establishment revenues and profits, and average 
establishment costs for each affected industry sector. Economic impacts 
in the table (the two right-most columns) are represented by two 
ratios: Of average establishment costs to revenues, and of costs to 
profits.
    The average (unweighted) cost of the final standard per 
establishment is about $560 annually. As is evident from the data and 
estimates in Table B-12, average establishment costs of compliance for 
the final standard are not large in relation to the corresponding 
average establishment revenues and profits in each of the industry 
sectors. The estimated per establishment cost of compliance represents 
less than 0.2 percent (or 0.002) of average establishment revenues for 
all affected sectors. In most sectors it is lower. The average cost as 
a percentage of revenues across all sectors is 0.05 percent (0.0005).
    The impact of the final standard measured by the ratio of costs to 
profits varies across the affected sectors. Among the sectors in the 
Crane Lessees sector, which includes about 163,000 of the 267,000 
affected establishments; in this sector, employers, on average, are 
expected to have costs that represent about 1 percent of profits. 
Within the sector of employers Own but Do Not Rent, affected 
establishments in 14 of the 46 sectors have average costs as a percent 
of profits of 1 percent or higher (from 1 to 3 percent); this impact of 
costs as a percentage of profits is relatively low.
    In the two sectors that are most intensively involved in crane use, 
Crane Rental with Operators (employers primarily in the crane rental 
business) and Crane Rental without Operators (bare rentals), estimated 
costs are about 2 percent of profits. In the Own and Rent Cranes with 
Operators sectors, costs as a percentage of profits are estimated at 
about 4 percent. Because these employers both own and use cranes, as 
well as rent them, the cost model estimates significantly higher 
average establishment costs for them--even in relation to the sectors 
involved primarily in crane rentals. In addition, as noted above for 
the Own but Do Not Rent sector, most employers in these sectors are 
quite small, with only a few employees, and a relatively small fraction 
of employers in the sectors that own cranes. Consequently, average 
establishment revenues and profits may be lower for the average 
establishment than for establishments that own cranes. If so, the cost 
as a percentage of profits overestimates that impact for affected 
establishments.
    The Agency concludes that the final standard is economically 
feasible for the affected industries. As described above, a standard is 
economically feasible if there is a reasonable likelihood that the 
estimated costs of compliance ``will not threaten the existence or 
competitive structure of an industry, even if it does portend disaster 
for some marginal firms.'' United Steelworkers of America v. Marshall, 
647 F.2d 1189, 1272 (DC Cir. 1980). The potential impacts on employer 
costs associated with achieving compliance with the final standard fall 
well within the bounds of economic feasibility in each industry sector. 
Costs of 0.2 percent of revenues and 4 percent of profits will not 
threaten the existence of the construction industry, affected general 
industry sectors, or the use of cranes in affected industry sectors. 
OSHA does not expect compliance with the requirements of the final 
standard to threaten the viability of employers or the competitive 
structure of any of the affected industry sectors. When viewed in the 
larger context of the construction sector, an increase in costs of 
$148.2 million a year is effectively negligible, and will have no 
noticeable effect on the demand for construction services. Even when 
viewed as an increase in the costs of using cranes, an increase in the 
cost of rentals services of 0.2 percent will not cause the construction 
industry to forego the use of cranes and, thus, put crane leasing firms 
out of business.
    For several reasons, the Agency believes that the impact of 
compliance costs will be less than estimates in Table B-12. For the 
affected construction sectors, the economic impact of the final 
standard is most likely to consist of a very small increase in prices 
for construction projects involving work with cranes (0.2 percent or 
less, depending on the sector). Crane rental companies, all of which 
must incur the costs of compliance unless they are already in 
compliance, should be able to pass through costs to lessees. The 
additional costs of crane safety measures are extremely small in 
relation to the value of construction, and there are no economic 
substitutes, or alternatives, to the use of cranes in construction. It 
is unlikely that a price increase of this magnitude would significantly 
alter the services demanded by the public or any other affected 
customers or intermediaries. If the compliance costs of the final 
standard are substantially recouped with an increase in rental prices, 
there would be little effect on profits. Impacts on all affected 
general industry sectors are slight, and far below any test of economic 
feasibility.
    Given the small incremental increases in prices potentially 
resulting from compliance with the final standard, and the lack of 
readily available substitutes for the products and services provided by 
the covered construction and general industry sectors, demand is 
expected to be sufficiently inelastic in each affected industry to 
enable entities to substantially offset compliance costs through minor 
price increases without experiencing any significant reduction in 
revenues or profits.

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act, as amended in 1996, requires the 
preparation of a Final Regulatory

[[Page 48113]]

Flexibility Analysis (FRFA) for specified proposed rules (5 U.S.C. 601-
612). Under the provisions of the law, each such analysis must contain:
    (1) A description of the impact of the rule on small entities;
    (2) A succinct statement of the need for, and objectives of, the 
rule;
    (3) A summary of the significant issues raised by the public 
comments in response to the initial regulatory flexibility analysis, a 
summary of the assessment of the agency of such issues, and a statement 
of any changes made in the proposed rule as a result of such comments;
    (4) A description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available; and
    (5) A description of the projected reporting, recordkeeping and 
other compliance requirements of the rule, including an estimate of the 
classes of small entities which will be subject to the requirement and 
the type of professional skills necessary for preparation of the report 
or record.
1. Impact of the Final Rule on Small Entities
    OSHA has analyzed the potential impact of the final standard on 
small entities. The total annual cost of compliance with the final for 
small entities is estimated to be $101 million, as shown by industry in 
Table B-13. The costs per establishment in the table are identical in 
several sectors because the cost model assumed that, on average, the 
number of cranes, operators, and crane jobs were the same for each 
affected establishment. In the crane-rental sectors, the Agency had 
rental income data for each sector and estimated the number of cranes 
owned per establishment for each sector. Different sizes of firms with 
different numbers of cranes in the rental sectors resulted in per 
establishment (average) costs varying by industry NAICS.

            Table B-13--Annualized Compliance Costs for SBA Defined Small Entities by Major Category
----------------------------------------------------------------------------------------------------------------
                                                                                       Annualized
                                       Industry               Firms        Estabs.     compliance     Cost per
                                                                                          costs        estab.
----------------------------------------------------------------------------------------------------------------
                                           Crane Rental With Operators
----------------------------------------------------------------------------------------------------------------
238990......................  All Other Specialty Trade          1,231         1,286    $1,991,485        $1,618
                               Cont.
----------------------------------------------------------------------------------------------------------------
                                  Crane Rental Without Operators (Bare Rentals)
----------------------------------------------------------------------------------------------------------------
532412......................  Const./Min./For. Machine &         1,782         3,018       309,609           103
                               Equip.
----------------------------------------------------------------------------------------------------------------
                                       Own and Rent Cranes With Operators
----------------------------------------------------------------------------------------------------------------
236115......................  New Single-Family Housing            178           178        72,322           406
                               Const.
236118......................  Residential Remodelers....            25            25        20,467           819
236210......................  Industrial Building                    9            12       270,766        22,564
                               Construction.
236220......................  Commercial and                        23            31       238,109         7,681
                               Institutional Building.
237110......................  Water and Sewer Line and              52            69       523,496         7,587
                               Related Struct.
237120......................  Oil and Gas Pipeline and              20            26       264,693        10,180
                               Related Struct.
237130......................  Power and Communication               34            34       180,887         5,320
                               Line and Rel.
237310......................  Highway, Street, and                  80           107     1,279,134        11,955
                               Bridge Construction.
237990......................  Other Heavy and Civil                 76           101     1,903,569        18,847
                               Engineering Const.
238110......................  Poured Concrete Foundation           261           261     1,096,002         4,199
                               and Struct.
238120......................  Structural Steel and                 200           266     1,690,217         6,354
                               Precast Concrete.
238130......................  Framing Contractors.......            26            26         7,372           284
238150......................  Glass and Glazing                     42            42        47,819         1,139
                               Contractors.
238170......................  Siding Contractors........             5             5         4,584           917
238190......................  Other Foundation,                     49            65       181,212         2,788
                               Structure, and Building.
238210......................  Electrical Contractors....            15            15        19,828         1,322
238220......................  Plumbing, Heating, and Air-            2             3        32,343        10,781
                               Conditioning.
238290......................  Other Building Equipment             113           151       969,116         6,418
                               Contractors.
238320......................  Painting and Wall Covering            21            21        35,552         1,693
                               Contract.
238910......................  Site Preparation                     400           400     1,232,974         3,082
                               Contractors.
                                                         -------------------------------------------------------
                              Subtotal..................         1,630         1,838    10,070,461  ............
----------------------------------------------------------------------------------------------------------------
                                               Own but Do Not Rent
----------------------------------------------------------------------------------------------------------------
236115......................  New Single family housing          2,905         2,905     2,151,333           741
                               construction.
236116......................  New Multifamily housing              213           213       157,700           741
                               construction.
236117......................  New housing operative              1,263         1,263       935,573           741
                               builders.
236118......................  Residential Remodelers....           825           825       610,894           741
236210......................  Industrial building                  223           262       194,098           741
                               construction.
236220......................  Commercial and                     3,614         3,614     2,676,568           741
                               Institutional Bldg. Const.
237110......................  Water and Sewer Line Const           917         1,223       905,470           741
237120......................  Oil and gas pipeline                  98           131        96,790           741
                               construction.
237130......................  Power and communication              219           291       114,664           393
                               line const.
237210......................  Land subdivision..........             0             0             0             0
237310......................  Highway, street and bridge            69            93        68,575           741
                               const.
237990......................  Other heavy and civil eng.           511           511       378,643           741
238110......................  Poured Concrete foundation           108           108        79,805           741
                               and struct.
238120......................  Structural steel and                 394           394       291,554           741
                               precast concrete.
238130......................  Framing Contractors.......         1,060         1,060       785,316           741

[[Page 48114]]

 
238140......................  Masonry Contractors.......           128           128        94,975           741
238150......................  Glass & Glazing                       48            48        35,872           741
                               Contractors.
238160......................  Roofing Contractors.......           230           230       170,275           741
238170......................  Siding Contractors........            33            33        24,105           741
238190......................  Other foundation,                      7             7         5,273           741
                               structure, building, ext.
238210......................  Electrical Contractors....            60            60        23,612           393
238220......................  Plumbing, Heating and Air-            86            86        63,721           741
                               conditioning Cont.
238290......................  Other building equipment              33            44        32,355           741
                               cont.
238310......................  Drywall and insulation                 0             0             0             0
                               contractors.
238320......................  Painting and wall covering            37            37        27,267           741
                               contractors.
238330......................  Flooring Contractors......             0             0             0             0
238340......................  Tile and Terrazzo                      0             0             0             0
                               contractors.
238350......................  Finish Carpentry                       0             0             0             0
                               contractors.
238390......................  Other building finishing               0             0             0             0
                               contractors.
238910......................  Site Preparation..........           262           262       194,105           741
221110......................  Electric Power Generation.           293           301        73,588           244
221120......................  Electric Power                       337           358       112,369           314
                               Transmission, Control,
                               and Distribution.
221210......................  Natural Gas Distribution..           442           591       255,619           433
321213......................  Engineered Wood Member               121           127        59,770           471
                               (except Truss)
                               Manufacturing.
321214......................  Truss Manufacturing.......           871           914       744,121           814
336611......................  Ship Building and                    575           635       410,878           647
                               Repairing.
339950......................  Sign Manufacturing........         6,261         6,339       245,747            39
423310......................  Lumber, Plywood, Millwork,         5,971         6,326             0             0
                               and Wood Panel Merchant
                               Wholesalers.
423330......................  Roofing, Siding, and               1,025         1,173             0             0
                               Insulation Material
                               Merchant Wholesalers.
423390......................  Other Construction                 2,181         2,296             0             0
                               Material Merchant
                               Wholesalers.
423730......................  Warm Air Heating and Air-          2,364         2,958     4,851,281         1,640
                               Cond. Equip. and Supplies.
444110......................  Home Centers..............         2,409         2,575             0             0
454312......................  Liquefied Petroleum Gas            2,044         2,317     2,460,790         1,062
                               (Bottled Gas) Dealers.
482110......................  Railroads.................            NA            NA            NA            NA
486210......................  Pipeline Transportation of            65            66        14,333           217
                               Natural Gas.
517110......................  Wired Telecommunications           2,517        27,159     1,907,788            70
                               Carriers.
                                                         -------------------------------------------------------
                              Subtotal..................        32,430        59,267    21,254,828  ............
----------------------------------------------------------------------------------------------------------------
                                   Crane Lessees in the Construction Industry
----------------------------------------------------------------------------------------------------------------
236115......................  New Single family housing         31,038        31,038    14,133,479           455
                               construction.
236116......................  New Multifamily housing            2,086         2,086       864,078           414
                               construction.
236117......................  New housing operative             16,562        16,562     7,541,453           455
                               builders.
236118......................  Residential Remodelers....         9,846         9,846     4,483,343           455
236210......................  Industrial building                3,000         3,000     1,242,682           414
                               construction.
236220......................  Commercial and                    40,530        40,530    16,788,629           414
                               Institutional Bldg.
                               Construction.
237110......................  Water and Sewer Line Const        13,715        13,715     5,681,126           414
237120......................  Oil and gas pipeline               1,667         1,667       690,517           414
                               construction.
237130......................  Power and communication            2,811         2,811       188,781            67
                               line const.
237210......................  Land subdivision..........             0             0             0            NA
237310......................  Highway, street and bridge         1,114         1,114       461,532           414
                               const.
237990......................  Other heavy and civil eng.         2,760         2,760     1,143,060           414
238110......................  Poured Concrete foundation        13,273        13,273     5,498,038           414
                               and struct.
238120......................  Structural steel and               3,487         3,487     1,444,410           414
                               precast concrete.
238130......................  Framing Contractors.......        13,779        13,779     5,707,637           414
238140......................  Masonry Contractors.......         1,368         1,368       566,539           414
238150......................  Glass & Glazing                      542           542       224,387           414
                               Contractors.
238160......................  Roofing Contractors.......         1,945         1,945       805,589           414
238170......................  Siding Contractors........           526           526       217,821           414
238190......................  Other foundation,                    256           256       106,104           414
                               structure, building, ext.
238210......................  Electrical Contractors....           765           765        51,356            67
238220......................  Plumbing, Heating and Air-           970           970       401,941           414
                               conditioning Cont.
238290......................  Other building equipment             644           644       266,845           414
                               cont.
238310......................  Drywall and insulation                 0             0             0            NA
                               contractors.
238320......................  Painting and wall covering           414           414       171,627           414
                               contractors.
238330......................  Flooring Contractors......             0             0             0            NA
238340......................  Tile and Terrazzo                      0             0             0            NA
                               contractors.
238350......................  Finish Carpentry                       0             0             0            NA
                               contractors.
238390......................  Other building finishing               0             0             0            NA
                               contractors.
238910......................  Site Preparation..........         3,889         3,889     1,610,805           414
                                                         -------------------------------------------------------
                              Subtotal..................       166,985       166,985    70,291,778
                                                         -------------------------------------------------------

[[Page 48115]]

 
                              Total.....................       204,058       232,394   103,918,161
----------------------------------------------------------------------------------------------------------------
Source: ORA.
 U.S. Census Bureau data.
 Country Business Patters, 2006; Statistics of U.S. Businesses 2006.
 Statistics of U.S. Business (SUSB).

    To assess the potential economic impact of the proposal on small 
entities, OSHA calculated the ratios of compliance costs to profits and 
to revenues. These impacts are presented for each affected industry in 
Table B-14. OSHA expects that, among small entities potentially 
affected by the proposal, the average increase in prices necessary to 
completely offset the compliance costs is 0.06 percent. The average 
price increase necessary to completely offset compliance costs would 
not exceed 0.18 percent among small entities in any industry. Only to 
the extent that such price increases are not possible would there be 
any effect on the average profits of small entities. Even in the 
unlikely event that no costs could be passed through, the compliance 
costs could be completely absorbed through an average reduction in 
profits of 1.2 percent. In most affected industries, the compliance 
costs, without any pass-through, could be completely absorbed through 
an average reduction in profits of less than 1 percent; the reduction 
would be no more than 5.0 percent in any of the affected industries.
    To further ensure that potential impacts on small entities were 
fully analyzed and considered, OSHA also separately examined the 
potential impacts of the final standard on very small entities, defined 
as employers with fewer than 20 employees. To assess the potential 
economic impact of the final standard on very small entities, OSHA 
calculated the ratios of compliance costs to profits and to revenues. 
These ratios are presented for each affected industry in Table B-15. 
OSHA expects that among very small entities potentially affected by the 
final standard, the average increase in prices necessary to completely 
offset the compliance costs would be 0.08 percent (less than 1 
percent). Only to the extent that such price increases are not 
possible, would there be any effect on the average profits of very 
small entities. Even in the unlikely event that no costs could be 
passed through, the compliance costs could be completely absorbed 
through an average reduction in profits of 1.68 percent among affected 
very small entities.

                                     Table B-14--Economic Impacts for SBA Defined Small Entities by Major Categories
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Avg.
                                                                                          Avg. rev's  profits per    Cost per    Cost as a    Cost as a
               0                           Industry               Firms       Estabs.     per estab.     estab.       estab.     percent of   percent of
                                                                                           ($1,000)     ($1,000)                  revenues     profits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990........................  All Other Specialty Trade            1,231        1,286        1,550           71        1,618         0.10         2.29
                                 Cont.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412........................  Const./Min./For. Machine &           1,782        3,018          482           31          103         0.13         2.02
                                 Equip.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes with Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single-Family Housing              178          178          220           10          406         0.18         3.95
                                 Const.
236118........................  Residential Remodelers.......           25           25          443           21          819         0.18         3.95
236210........................  Industrial Building                      9           12       12,213          571       22,564         0.18         3.95
                                 Construction.
236220........................  Commercial and Institutional            23           31        4,157          194        7,681         0.18         3.95
                                 Building.
237110........................  Water and Sewer Line and                52           69        4,107          214        7,587         0.18         3.54
                                 Related Struct.
237120........................  Oil and Gas Pipeline and                20           26        5,510          288       10,180         0.18         3.54
                                 Related Struct.
237130........................  Power and Communication Line            34           34        2,880          150        5,320         0.18         3.54
                                 and Rel.
237310........................  Highway, Street, and Bridge             80          107       11,783          615       11,955         0.10         1.94
                                 Construction.
237990........................  Other Heavy and Civil                   76          101       10,201          533       18,847         0.18         3.54
                                 Engineering Const.
238110........................  Poured Concrete Foundation             261          261        2,273          101        4,199         0.18         4.18
                                 and Struct.
238120........................  Structural Steel and Precast           200          266        3,439          152        6,354         0.18         4.18
                                 Concrete.
238130........................  Framing Contractors..........           26           26          153            7          284         0.18         4.18

[[Page 48116]]

 
238150........................  Glass and Glazing Contractors           42           42          616           27        1,139         0.18         4.18
238170........................  Siding Contractors...........            5            5          496           22          917         0.18         4.18
238190........................  Other Foundation, Structure,            49           65        1,509           67        2,788         0.18         4.18
                                 and Building.
238210........................  Electrical Contractors.......           15           15        1,303           56        1,322         0.10         2.35
238220........................  Plumbing, Heating, and Air-              2            3        5,835          225       10,781         0.18         4.79
                                 Conditioning.
238290........................  Other Building Equipment               113          151        3,474          154        6,418         0.18         4.18
                                 Contractors.
238320........................  Painting and Wall Covering              21           21          916           41        1,693         0.18         4.18
                                 Contract.
238910........................  Site Preparation Contractors.          400          400        1,668           76        3,082         0.18         4.05
                                                              ------------------------------------------------------------------------------------------
                                Subtotal.....................        1,630        1,838  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Own but Do Not Rent
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single family housing            2,905        2,905        1,000           47          741         0.07         1.58
                                 construction.
236116........................  New Multifamily housing                213          213        3,400          159          741         0.02         0.47
                                 construction.
236117........................  New housing operative                1,263        1,263        5,104          239          741         0.01         0.31
                                 builders.
236118........................  Residential Remodelers.......          825          825          543           25          741         0.14         2.92
236210........................  Industrial building                    223          262        2,570          120          741         0.03         0.62
                                 construction.
236220........................  Commercial and Institutional         3,614        3,614        3,661          171          741         0.02         0.43
                                 Bldg. Const.
237110........................  Water and Sewer Line Const...          917        1,223        2,324          121          741         0.03         0.61
237120........................  Oil and gas pipeline                    98          131        3,743          195          741         0.02         0.38
                                 construction.
237130........................  Power and communication line           219          291        4,656          243          393         0.01         0.16
                                 const.
237210........................  Land subdivision.............            0            0            0            0            0         0.00         0.00
237310........................  Highway, street and bridge              69           93        3,225          168          741         0.02         0.44
                                 const.
237990........................  Other heavy and civil eng....          511          511        1,500           78          741         0.05         0.95
238110........................  Poured Concrete foundation             108          108        1,000           44          741         0.07         1.67
                                 and struct.
238120........................  Structural steel and precast           394          394        1,425           63          741         0.05         1.18
                                 concrete.
238130........................  Framing Contractors..........        1,060        1,060          798           35          741         0.09         2.10
238140........................  Masonry Contractors..........          128          128          675           30          741         0.11         2.48
238150........................  Glass & Glazing Contractors..           48           48          900           40          741         0.08         1.86
238160........................  Roofing Contractors..........          230          230          801           35          741         0.09         2.09
238170........................  Siding Contractors...........           33           33          600           27          741         0.12         2.79
238190........................  Other foundation, structure,             7            7          900           40          741         0.08         1.86
                                 building, ext.
238210........................  Electrical Contractors.......           60           60        1,100           48          393         0.04         0.83
238220........................  Plumbing, Heating and Air-              86           86        1,100           42          741         0.07         1.74
                                 conditioning Cont.
238290........................  Other building equipment cont           33           44        1,664           74          741         0.04         1.01
238310........................  Drywall and insulation                   0            0            0            0            0         0.00         0.00
                                 contractors.
238320........................  Painting and wall covering              37           37          419           19          741         0.18         4.00
                                 contractors.
238330........................  Flooring Contractors.........            0            0            0            0            0         0.00         0.00
238340........................  Tile and Terrazzo contractors            0            0            0            0            0         0.00         0.00
238350........................  Finish Carpentry contractors.            0            0            0            0            0         0.00         0.00
238390........................  Other building finishing                 0            0            0            0            0         0.00         0.00
                                 contractors.
238910........................  Site Preparation.............          262          262          962           44          741         0.08         1.69

[[Page 48117]]

 
221110........................  Electric Power Generation....          293          301        7,313          325          244         0.00         0.08
221120........................  Electric Power Trans,                  337          358        6,882          306          314         0.00         0.10
                                 Control, Dist.
221210........................  Natural Gas Distribution.....          442          591       28,428          847          433         0.00         0.05
321213........................  Engineered Wd Member (exct             121          127        4,720          183          471         0.01         0.26
                                 Truss) Mfg.
321214........................  Truss Manufacturing..........          871          914        4,706          182          814         0.02         0.45
336611........................  Ship Building and Repairing..          575          635       10,204          622          647         0.01         0.10
339950........................  Sign Manufacturing...........        6,261        6,339        1,532           89           39         0.00         0.04
423310........................  Lumber, Plywd, Millwork, Wood        5,971        6,326        7,084          204            0         0.00         0.00
                                 Panel Whle.
423330........................  Roofing, Siding, and                 1,025        1,173        7,159          207            0         0.00         0.00
                                 Insulation Merch Whle.
423390........................  Other Construction Material          2,181        2,296        3,260           94            0         0.00         0.00
                                 Merch Whle.
423730........................  Warm Air Heating and A-C             2,364        2,958        3,790          117        1,640         0.04         1.41
                                 Equip & Supplies.
444110........................  Home Centers.................        2,409        2,575        2,335          180            0         0.00         0.00
454312........................  Liquefied Petroleum Gas              2,044        2,317        2,415          102        1,062         0.04         1.04
                                 (Bottled Gas) Dlrs.
482110........................  Railroads....................           NA           NA           NA           NA           NA           NA           NA
486210........................  Pipeline Transportation of              65           66        8,345        1,105          217         0.00         0.02
                                 Natural Gas.
517110........................  Wired Telecommunications             2,517       27,159        7,294          518           70         0.00         0.01
                                 Carriers.
                                                              ------------------------------------------------------------------------------------------
                                Subtotal.....................       32,430       59,267  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115........................  New Single family housing           31,038       31,038        1,480           69          455         0.03         0.32
                                 construction.
236116........................  New Multifamily housing              2,086        2,086        3,085          144          414         0.01         0.08
                                 construction.
236117........................  New housing operative               16,562       16,562        2,860          134          455         0.02         0.08
                                 builders.
236118........................  Residential Remodelers.......        9,846        9,846          644           30          455         0.07         0.15
236210........................  Industrial building                  3,000        3,000        2,493          117          414         0.02         0.15
                                 construction.
236220........................  Commercial and Institutional        40,530       40,530        4,024          188          414         0.01         0.12
                                 Bldg. Construction.
237110........................  Water and Sewer Line Const...       13,715       13,715        2,863          149          414         0.01         0.24
237120........................  Oil and gas pipeline                 1,667        1,667        4,118          215          414         0.01         0.09
                                 construction.
237130........................  Power and communication line         2,811        2,811        2,289          120           67         0.00         0.01
                                 const.
237210........................  Land subdivision.............            0            0            0            0           NA         0.00         0.00
237310........................  Highway, street and bridge           1,114        1,114        3,606          188          414         0.01         0.01
                                 const.
237990........................  Other heavy and civil eng....        2,760        2,760        2,919          152          414         0.01         0.10
238110........................  Poured Concrete foundation          13,273       13,273        1,189           53          414         0.03         0.03
                                 and struct.
238120........................  Structural steel and precast         3,487        3,487        1,927           85          414         0.02         0.35
                                 concrete.
238130........................  Framing Contractors..........       13,779       13,779          559           25          414         0.07         0.75
238140........................  Masonry Contractors..........        1,368        1,368          814           36          414         0.05         0.05
238150........................  Glass & Glazing Contractors..          542          542        1,319           58          414         0.03         0.06
238160........................  Roofing Contractors..........        1,945        1,945        1,125           50          414         0.04         0.07
238170........................  Siding Contractors...........          526          526          529           23          414         0.08         0.08
238190........................  Other foundation, structure,           256          256          628           28          414         0.07         0.05
                                 building, ext.
238210........................  Electrical Contractors.......          765          765          874           38           67         0.01         0.00
238220........................  Plumbing, Heating and Air-             970          970        1,049           40          414         0.04         0.01
                                 conditioning Cont.

[[Page 48118]]

 
238290........................  Other building equipment cont          644          644        2,068           91          414         0.02         0.32
238310........................  Drywall and insulation                   0            0            0            0           NA         0.00         0.00
                                 contractors.
238320........................  Painting and wall covering             414          414          513           23          414         0.08         0.02
                                 contractors.
238330........................  Flooring Contractors.........            0            0            0            0           NA         0.00         0.00
238340........................  Tile and Terrazzo contractors            0            0            0            0           NA         0.00         0.00
238350........................  Finish Carpentry contractors.            0            0            0            0           NA         0.00         0.00
238390........................  Other building finishing                 0            0            0            0           NA         0.00         0.00
                                 contractors.
238910........................  Site Preparation.............        3,889        3,889        1,101           50          414         0.04         0.06
                                                              ------------------------------------------------------------------------------------------
                                Subtotal.....................      166,985      166,985  ...........  ...........  ...........  ...........  ...........
                                                              ------------------------------------------------------------------------------------------
                                Total........................      204,058      232,394  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Simple Average of impacts:              0.06         1.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: ORA.
 U.S. Census Bureau data.
 Country Business Patters, 2006; Statistics of U.S. Businesses 2006.
 Internal Revenue Service, Source Book, profit rates over 2000-2006.
 Statistics of U.S. Business (SUSB).


                             Table B-15--Economic Impacts for Very Small Entities (Less Than 20 Employees) by Major Category
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        Cost as  Cost as
                                                                                               Profit    Revenues    Profits    Cost       a        a
                                         Industry              Firms    Estabs.   Employees     rate    per estab.     per      per     percent  percent
                                                                                             (percent)   ($1,000)    estab.    estab.     of        of
                                                                                                                    ($1,000)           revenues  profits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Crane Rental With Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
238990.......................  All Other Specialty Trade        1,065     1,065       4,824       4.10        $614       $25     $614      0.10     2.44
                                Cont.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Crane Rental Without Operators (Bare Rentals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
532412.......................  Const./Min./For. Machine &       1,782     3,018      19,423       6.42         129         8      103      0.08     1.23
                                Equip.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Own and Rent Cranes With Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.......................  New Single-Family Housing          178       178         261       4.67         220        10      407      0.18     4.19
                                Const.
236118.......................  Residential Remodelers......        25        25          45       4.67         443        21      819      0.18     4.19
236210.......................  Industrial Building                  9        12       1,067       4.67      12,213       571   22,564      0.18     4.19
                                Construction.
236220.......................  Commercial and Institutional        23        31         757       4.67       4,157       194    7,681      0.18     4.19
                                Building.
237110.......................  Water and Sewer Line and            52        69       1,432       5.22       4,107       214    7,587      0.18     3.97
                                Related Struct.
237120.......................  Oil and Gas Pipeline and            20        26       1,457       5.22       5,510       288   10,180      0.18     3.97
                                Related Struct.
237130.......................  Power and Communication Line        34        34         666       5.22       2,880       150    5,320      0.18     3.97
                                and Rel.
237310.......................  Highway, Street, and Bridge         80       107       6,456       5.22      11,783       615   21,770      0.18     3.97
                                Construction.
237990.......................  Other Heavy and Civil               76       101       5,857       5.22      10,201       533   18,847      0.18     3.97
                                Engineering Const.
238110.......................  Poured Concrete Foundation         261       261       4,328       4.42       2,273       101    4,199      0.18     4.18
                                and Struct.
                                                            --------------------------------------------------------------------------------------------
                               Subtotal....................  ........       758         844     22,326  ..........  ........  .......  ........  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 48119]]

 
                                                             Own Cranes but Do Not Rent Them
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.......................  New Single family housing        2,763     2,763      12,155       4.67         823        38      628      0.08     1.63
                                construction.
236116.......................  New Multifamily housing            197       197       2,010       4.67       1,350        63      628      0.05     1.00
                                construction.
236117.......................  New housing operative            1,206     1,206       8,528       4.67       1,854        87      628      0.03     0.73
                                builders.
236118.......................  Residential Remodelers......       808       808       2,627       4.67         443        21      628      0.14     3.03
236210.......................  Industrial building                209       209       6,015       4.67       1,247        58      628      0.05     1.08
                                construction.
236220.......................  Commercial and Institutional     2,943     2,943      50,843       4.67       1,526        71      628      0.04     0.88
                                Bldg. Construc.
237110.......................  Water and Sewer Line Const..       900       900      13,335       5.22         702        37      628      0.09     1.71
237120.......................  Oil and gas pipeline                63        63       3,416       5.22         708        37      628      0.09     1.70
                                construction.
237130.......................  Power and communication line       207       207       9,177       5.22         655        34      281      0.04     0.82
                                const.
237210.......................  Land subdivision............         0         0           0      11.04           0         0        0        NA       NA
237310.......................  Highway, street and bridge          66        66       2,423       5.22         976        51      628      0.06     1.23
                                const.
237990.......................  Other heavy and civil eng...       378       378      10,483       5.22         589        31      628      0.11     2.04
238110.......................  Poured Concrete foundation          46        46         531       4.42         494        22      628      0.13     2.87
                                and struct.
238120.......................  Structural steel and precast        90        90       1,954       4.42         659        29      628      0.10     2.16
                                concrete.
238130.......................  Framing Contractors.........       981       981       8,322       4.42         374        17      628      0.17     3.80
238140.......................  Masonry Contractors.........       115       115       1,093       4.42         343        15      628      0.18     4.14
238150.......................  Glass & Glazing Contractors.        44        44         405       4.42         619        27      628      0.10     2.29
238160.......................  Roofing Contractors.........       207       207       2,378       4.42         447        20      628      0.14     3.18
238170.......................  Siding Contractors..........        31        31         127       4.42         408        18      628      0.15     3.48
238190.......................  Other foundation, structure,        10        10          62       4.42         394        17      628      0.16     3.60
                                building, ext.
238210.......................  Electrical Contractors......        54        54         541       4.32         444        19      281      0.06     1.47
238220.......................  Plumbing, Heating and Air-          77        77         768       3.86         509        20      628      0.12     3.20
                                conditioning Contractors.
238290.......................  Other building equipment            30        30         570       4.42         714        32      628      0.09     1.99
                                cont.
238310.......................  Drywall and insulation               0         0           0       4.42           0         0        0        NA       NA
                                contractors.
238320.......................  Painting and wall covering          37        37         208       4.42         265        12      628      0.24     5.36
                                contractors.
238330.......................  Flooring Contractors........         0         0           0       4.42           0         0        0        NA       NA
238340.......................  Tile and Terrazzo                    0         0           0       4.42           0         0        0        NA       NA
                                contractors.
238350.......................  Finish Carpentry contractors         0         0           0       4.42           0         0        0        NA       NA
238390.......................  Other building finishing             0         0           0       4.42           0         0        0        NA       NA
                                contractors.
238910.......................  Site Preparation............       271       271       1,970       4.56         497        23      628      0.13     2.77
221110.......................  Electric Power Generation...       293       301       1,288       4.44       7,513       334      234      0.00     0.07
221120.......................  Electric Power Trans,              337       358       2,272       4.44       7,311       325      303      0.00     0.09
                                Control, and Dist.
221210.......................  Natural Gas Distribution....       360       368       1,736       2.98       9,483       283      128      0.00     0.05
321213.......................  Engineered Wood Member              82        82         534       3.87       1,674        65      108      0.01     0.17
                                (except Truss) Mfg.
321214.......................  Truss Manufacturing.........       408       408       3,438       3.87       1,130        44      156      0.01     0.36
336611.......................  Ship Building and Repairing.       370       371       2,041       6.09         950        58       24      0.00     0.04
339950.......................  Sign Manufacturing..........     5,312     5,316      25,236       5.83       1,303        76       66      0.01     0.09
423310.......................  Lumber, Plywd, Millwork, &       4,774     4,844      24,410       2.89       3,970       115        0      0.00     0.00
                                Panel Merch Whl.

[[Page 48120]]

 
423330.......................  Roofing, Siding, and Insul         831       857       4,764       2.89       4,461       129        0      0.00     0.00
                                Merchant Wholes.
423390.......................  Other Construction Material      1,886     1,907       9,298       2.89       2,199        63        0      0.00     0.00
                                Merch Whleslrs.
423730.......................  Warm Air Heating and A-C         1,929     2,017      11,007       3.08       2,537        78      888      0.03     1.14
                                Equip. & Supplies.
444110.......................  Home Centers................     1,879     1,904      12,389       7.70       1,344       103        0      0.00     0.00
454312.......................  Liquefied Petroleum Gas          1,881     2,001      11,711       4.22       1,333        56      651      0.05     1.16
                                (Bottled Gas) Dlrs.
482110.......................  Railroads...................        NA        NA          NA         NA          NA        NA       NA        NA       NA
486210.......................  Pipeline Transportation of          65        66         238      13.24       8,473     1,122      192      0.00     0.02
                                Natural Gas.
517110.......................  Wired Telecommunications         1,828     1,882       9,022       7.10       1,431       102       12      0.00     0.01
                                Carriers.
                                                            --------------------------------------------------------------------------------------------
                               Subtotal....................    33,969    11,734     139,941  .........  ..........  ........  .......  ........  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Crane Lessees in the Construction Industry
--------------------------------------------------------------------------------------------------------------------------------------------------------
236115.......................  New Single family housing       29,962    29,962      95,670       4.67       1,192        56      455      0.04     0.82
                                construction.
236116.......................  New Multifamily housing          1,904     1,904       7,946       4.67       1,986        93      414      0.02     0.45
                                construction.
236117.......................  New housing operative           15,927    15,927      50,782       4.67       2,063        96      455      0.02     0.47
                                builders.
236118.......................  Residential Remodelers......     9,606     9,606      25,611       4.67         527        25      455      0.09     1.85
236210.......................  Industrial building              2,669     2,669      13,978       4.67       1,120        52      414      0.04     0.79
                                construction.
236220.......................  Commercial and Institutional    33,784    33,784     179,125       4.67       1,649        77      414      0.03     0.54
                                Bldg. Construction.
237110.......................  Water and Sewer Line Const..    11,306    11,306      59,055       5.22         841        44      414      0.05     0.94
237120.......................  Oil and gas pipeline             1,083     1,083       4,293       5.22         666        35      414      0.06     1.19
                                construction.
237130.......................  Power and communication line     2,149     2,149       8,580       5.22         630        33       67      0.01     0.20
                                const.
237210.......................  Land subdivision............         0         0           0      11.04           0         0        0      0.00     0.00
237310.......................  Highway, street and bridge         862       862       4,675       5.22         993        52      414      0.04     0.80
                                const.
237990.......................  Other heavy and civil engg..     2,295     2,295      10,166       5.22       1,261        66      414      0.03     0.63
238110.......................  Poured Concrete foundation      11,886    11,886      52,606       4.42         677        30      414      0.06     1.38
                                and struct.
238120.......................  Structural steel and precast     2,679     2,679      14,995       4.42         945        42      414      0.04     0.99
                                concrete.
238130.......................  Framing Contractors.........    13,043    13,043      48,914       4.42         345        15      414      0.12     2.72
238140.......................  Masonry Contractors.........     1,243     1,243       4,720       4.42         376        17      414      0.11     2.49
238150.......................  Glass & Glazing Contractors.       485       485       2,457       4.42         758        34      414      0.05     1.24
238160.......................  Roofing Contractors.........     1,722     1,722       7,015       4.42         637        28      414      0.07     1.47
238170.......................  Siding Contractors..........       506       506       1,627       4.42         359        16      414      0.12     2.61
238190.......................  Other foundation, structure,       237       237         909       4.42         290        13      414      0.14     3.24
                                building, ext.
238210.......................  Electrical Contractors......       691       691       2,953       4.32         434        19       67      0.02     0.36
238220.......................  Plumbing, Heating and Air-         872       872       3,855       3.86         551        21      414      0.08     1.95
                                conditioning Contractors.
238290.......................  Other building equipment           524       524       2,726       4.42         868        38      414      0.05     1.08
                                cont.
238310.......................  Drywall and insulation               0         0           0       4.42           0         0        0      0.00     0.00
                                contractors.
238320.......................  Painting and wall covering         392       392       1,267       4.42         326        14      414      0.13     2.87
                                contractors.
238330.......................  Flooring Contractors........         0         0           0       4.42           0         0        0      0.00     0.00
238340.......................  Tile and Terrazzo                    0         0           0       4.42           0         0        0      0.00     0.00
                                contractors.

[[Page 48121]]

 
238350.......................  Finish Carpentry contractors         0         0           0       4.42           0         0        0      0.00     0.00
238390.......................  Other building finishing             0         0           0       4.42           0         0        0      0.00     0.00
                                contractors.
238910.......................  Site Preparation............     3,579     3,579      13,406       4.56         561        26      414      0.07     1.62
                                                            --------------------------------------------------------------------------------------------
                               Subtotal....................   149,403   149,403     617,328  .........  ..........  ........  .......  ........  .......
                                                            --------------------------------------------------------------------------------------------
                                  Total....................   186,977   166,064     803,843  .........  ..........  ........  .......      0.08     1.69
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: ORA.
 U.S. Census Bureau data.
 Country Business Patterns, 2006; Statistics of U.S. Businesses 2006.
 Internal Revenue Service, Source Book, profit rates over 2000-2006.

2. A Succinct Statement of the Need for, and Objectives of, the Rule
    The primary objective of the proposed standard is to provide an 
increased degree of occupational safety for employees performing 
construction work involving cranes/derricks. As stated above, an 
estimated 157 injuries and 21 fatalities would be prevented annually 
through compliance with this standard. Another objective of the 
rulemaking is to provide employers and employees updated and more 
complete safety standards for construction work involving cranes/
derricks.
    The legal basis for the rule is the Occupational Safety and Health 
(OSH) Act of 1970. The OSH Act authorizes and obligates the Secretary 
of Labor to promulgate mandatory occupational safety and health 
standards as necessary ``to assure so far as possible every working man 
and woman in the Nation safe and healthful working conditions and to 
preserve our human resources.'' 29 U.S.C. 651(b).
3. Summary of the Significant Issues Raised by the Public Comments in 
Response to the Initial Regulatory Flexibility Analysis, a Summary of 
the Assessment of the Agency of Such Issues, and a Statement of Any 
Changes Made in the Proposed Rule as a Result of Such Comments
    On August 18, 2006, OSHA convened a Small Business Advocacy Review 
Panel (the Panel) for this rulemaking in accordance with the provisions 
of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. 
L. 104-121), as codified at 5 U.S.C. 601 et seq. The Panel consisted of 
representatives of OSHA, the Office of Information and Regulatory 
Affairs in the Office of Management and Budget, and of the Office of 
Advocacy within the U.S. Small Business Administration. The Panel 
received oral and written comments on a draft proposal and a draft 
economic analysis from small entities (businesses) that would 
potentially be affected by the rule. The Panel, in turn, prepared a 
written report which was delivered to the Assistant Secretary for 
Occupational Safety and Health (which can be found in the docket for 
this rulemaking). The report summarized the comments received from the 
small entities, and included recommendations from the Panel to OSHA 
regarding the proposal and the associated analysis of compliance costs. 
OSHA sought comment on a variety of issues of particular interest to 
small businesses as a result of the recommendations of the SBREFA 
Panel. Table B-16 below summarizes the responses to these Panel 
recommendations.

          Table B-16--Response to SBREFA Panel Recommendations
------------------------------------------------------------------------
      SBREFA panel recommendation                 OSHA response
------------------------------------------------------------------------
The Panel recommends that OSHA provide   OSHA has developed a full
 full documentation for how it            preliminary economic analysis
 estimated the number of affected small   (PEA) for the proposal which
 entities and all other calculations      explains all assumptions used
 and estimates provided in the PIRFA.     in estimating the costs and
                                          benefits of the proposed
                                          standard. The Final Economic
                                          Analysis (FEA) also explains
                                          the changes made to the
                                          analysis as a result of
                                          comments on the proposed rule,
                                          and OSHA's responses to these
                                          comments.
The Panel recommends that OSHA           OSHA included homebuilding
 reexamine its estimate of crane use in   industries in the ``Own but Do
 home building, the coverage of crane     Not Rent ``and ``Crane
 trucks used for loading and unloading,   Lessees'' industrial profile
 and the estimates of the number of       categories.
 jobs per crane. Changes in these        OSHA has also made a number of
 estimates should be incorporated into    additions to the industrial
 the estimates of costs and economic      profile to cover firms in
 impacts.                                 general industry that
                                          sometimes use cranes for
                                          construction work, and has
                                          added costs for these sectors.
The Panel recommends that OSHA review    OSHA sought comments on the
 its estimates for the direct costs of    estimates and methodology. As
 operator certification and seek          a result of these comments,
 comment on these cost estimates.         OSHA has increased its
                                          estimate of the unit costs of
                                          certification.

[[Page 48122]]

 
The Panel recommends that OSHA           OSHA sought public comment on
 carefully examine certain types of       all aspects (including
 impact that could result from an         economic impacts, wages,
 operator certification requirement,      number of operators, demand,
 including reports of substantial         etc.) of the operator
 increases in the wages of operators;     certification requirements,
 the possibility of increased market      specifically as it pertains to
 power for firms renting out cranes;      the State of California.
 and loss of jobs for existing           OSHA has included 2 hours of
 operators due to language, literacy,     travel time per operator into
 or knowledge problems; and seek          the unit costs for operator
 comment on these types of impacts. The   certification.
 Panel also recommends studying the      OSHA also increased the unit
 impacts of the implementation of         costs of operator
 operator certification in CA.            certification as a result of
                                          comments. However, based on
                                          comments, OSHA also reduced
                                          the OSHA percentage of crane
                                          operators still needing
                                          certification.
                                         The Agency reviewed data on
                                          wage rates for operators in
                                          California immediately before
                                          and after operator
                                          certification was required
                                          (Employment Development
                                          Department, Labor Market
                                          Information Division, State of
                                          California, 2007). The data
                                          did not show much change in
                                          operators' wages.
                                         OSHA also evaluated the changes
                                          in crane related fatality
                                          rates in California and found
                                          these had significantly
                                          declined after the California
                                          certification requirements
                                          were put into place.
The Panel recommends that OSHA           OSHA sought comment on the
 reexamine its estimates for the amount   methodology used to calculate
 of time required to assess ground        all of the costs in the PEA,
 conditions, the number of persons        which includes the costs for
 involved in the assessment, and the      assessing ground conditions.
 amount of coordination involved;        As a result of these comments,
 clarify the extent to which such         OSHA has added costs for
 assessments are currently being          examination of ground
 conducted and what OSHA estimates as     conditions. This addition of
 new costs for this rule represent; and   costs does not change OSHA's
 seek comments on OSHA's cost estimates.  conclusion that this standard
                                          is economically feasible.
The Panel recommends that OSHA           The Agency describes the
 carefully review the documentation       documentation requirements,
 requirements of the standard,            along with cost estimates, in
 including documentation that employers   the section of this preamble
 may consider it prudent to maintain;     entitled ``OMB Review Under
 estimate the costs of such               the Paperwork Reduction Act of
 requirements; seek ways of minimizing    1995.''
 these costs consistent with the goals
 of the OSH Act; and solicit comment on
 these costs and ways of minimizing
 these costs.
The Panel recommends that OSHA examine   As explained in the discussion
 whether the inspection requirements of   of Sec.   1926.1412,
 the proposed rule require procedures     Inspections, OSHA's former
 not normally conducted currently, such   standard at former Sec.
 as lowering and fully extending the      1926.550 required inspections
 boom before the crane can be used, and   each time the equipment is
 removing non-hinged inspection plates    used, as well as thorough
 during the shift inspection, estimate    annual inspections. In
 the costs of any such requirements,      addition, national consensus
 and seek comment on these issues.        standards that are
                                          incorporated by reference
                                          include additional inspection
                                          requirements. This final
                                          standard would list the
                                          inspection requirements in one
                                          place rather than rely on
                                          incorporated consensus
                                          standards. This final standard
                                          does not impose significant
                                          new requirements for
                                          inspections. OSHA received
                                          comments on the issue of
                                          lowering and fully extending
                                          the boom before the crane can
                                          be used. However, OSHA
                                          concludes that the comments
                                          were based on a general
                                          misunderstanding of the
                                          requirements. Section
                                          1926.1413(a) explicitly says
                                          that booming down is not
                                          required for shift (and
                                          therefore monthly)
                                          inspections.
                                         Similarly, OSHA stated in the
                                          proposed preamble (73 FR
                                          59770, Oct. 9, 2008) that it
                                          does not believe inspection of
                                          any of those items would
                                          require removal of non-hinged
                                          inspection plates. In the
                                          discussion of proposed Sec.
                                          1926.1412, OSHA requested
                                          public comment on this point.
                                          OSHA finalized Sec.
                                          1926.1412 as proposed because
                                          comments did not confirm that
                                          non-hinged plates needed to be
                                          removed to meet the
                                          requirements of a shift
                                          inspection.
The Panel recommends that OSHA consider  Previous subpart N, at former
 the costs of meeting the requirements    Sec.   1926.550(a)(2),
 for original load charts and full        required load charts; this is
 manuals, and solicit comments on such    not a new cost. Subpart N did
 costs.                                   not require manuals. OSHA
                                          concludes that most crane
                                          owners and operators have and
                                          maintain crane manuals, which
                                          contain the load charts and
                                          other critical technical
                                          information about crane
                                          operations and maintenance.
                                          The Agency determined that the
                                          cost of obtaining a copy of a
                                          manual should be modest and
                                          solicited comment on how many
                                          owners or operators do not
                                          have full manuals for their
                                          cranes or derricks. Few
                                          commenters saw this as a major
                                          problem.
The Panel recommends that OSHA provide   The Agency placed additional
 full documentation for its analysis of   materials in the rulemaking
 the benefits the proposed rule are       docket to aid in the
 expected to produce and assure that      reproduction of the benefits
 the benefits analysis is reproducible    analysis. The Agency also
 by others.                               developed a full benefits
                                          analysis (sec. 4 of the FEA)
                                          which includes the methodology
                                          and data sources for the
                                          calculations.
The Panel recommends that OSHA consider  In the discussion of proposed
 and solicit public comment on whether    Sec.   1926.1400(c)(8), OSHA
 the scope language should be clarified   requested public comment on
 to explicitly state whether forklifts    this issue.
 that are modified to perform tasks
 similar to equipment (cranes and
 derricks) modified in that manner
 would be covered.

[[Page 48123]]

 
The Panel recommends that there be a     OSHA explained in the
 full explanation in the preamble of      discussion of proposed Sec.
 how responsibility for ensuring          1926.1402(e) how the various
 adequate ground conditions is shared     employers, including the
 between the controlling entity, and      controlling entity, the
 the employer of the individual           employer whose employees
 supervising assembly/disassembly and/    operate the equipment, and the
 or the operator.                         employer of the A/D director
                                          share responsibility for
                                          ensuring adequate ground
                                          conditions. OSHA did not
                                          receive any significant
                                          comments on this issue and,
                                          therefore, considers this
                                          matter resolved.
The Panel recommends that OSHA restate   OSHA addressed this
 the applicable corrective action         recommendation in the
 provisions (which are set forth in the   discussion of proposed Sec.
 shift inspection) in the monthly         1926.1412(e) and requested
 inspection section.                      public comment on the issue.
                                          Based on these comments, OSHA
                                          concludes that the
                                          requirements were clear as
                                          proposed, and repeating the
                                          provisions will create
                                          confusion. Therefore, OSHA did
                                          not restate the corrective
                                          actions in Sec.
                                          1926.1412(e).
The Panel recommends that OSHA solicit   OSHA addressed this
 public comment on whether, and under     recommendation in the
 what circumstances, booming down         discussion of proposed Sec.
 should be specifically excluded as a     1926.1412(d) and requested
 part of the shift inspection, and        public comment on the issues
 whether the removal of non-hinged        raised in the recommendation.
 inspection plates should be required
 during the shift inspection.
The Panel recommends that OSHA solicit   OSHA solicited comments on this
 public comment on whether to include     issue, but the Agency did not
 an exception for transportation          receive any significant
 systems in proposed Sec.                 comments supporting an
 1926.1412(a), which requires an          exception for transportation
 inspection of equipment that has had     systems. Based on the analysis
 modifications or additions that affect   of comments received about
 its safe operation, and, if so, what     Sec.   1926.1412(a), OSHA
 the appropriate terminology for such     concludes that the inspections
 an exception would be.                   of modifications as required
                                          by the final rule are
                                          sufficient to ensure that safe
                                          equipment is used. Therefore,
                                          OSHA did include the
                                          recommended exclusion in the
                                          final rule.
The Panel recommends that OSHA explain   In the explanation of Sec.
 in the preamble that the shift           1926.1412(d)(1) of the
 inspection does not need to be           proposed rule, OSHA explained
 completed prior to each shift but may    that the shift inspection may
 be completed during the shift.           be completed during the shift.
                                          OSHA finalized Sec.
                                          1926.1412(d)(1) as proposed
                                          because the comments did not
                                          demonstrate how it was safer
                                          to deviate from the rule as
                                          proposed.
The Panel recommends that OSHA solicit   OSHA requested public comment
 public comment about whether it is       on this issue and revised the
 necessary to clarify the requirement     regulatory text of Sec.
 of proposed Sec.   1926.1412(d)(1)(xi)   1926.1412(d)(1)(xi) to provide
 that the equipment be inspected for      more clarity, in response to
 ``level position.''                      the comments the Agency
                                          received.
The Panel recommends that OSHA solicit   There is no requirement to
 comment on whether proposed Sec.         check the pressure ``at each
 1926.1412(f)(2)(xii)(D) should be        and every line.'' The
 changed to require that pressure be      provision simply states that
 inspected ``at the end of the line,''    relief valves should be
 as distinguished from ``at each and      checked for failure to reach
 every line,'' and if so, what the best   correct pressure. If this can
 terminology would be to meet this        be done at one point for the
 purpose. (An SER indicated that          entire system, then that would
 proposed Sec.                            satisfy the requirement.
 1926.1412(f)(2)(xiv)(D) should be
 modified to ``checking pressure
 setting,'' in part to avoid having to
 check the pressure at ``each and every
 line'' as opposed to ``at the end of
 the line.'')
The Panel recommends that OSHA solicit   Section 1926.1412(f)(2)(xx) of
 public comment on whether proposed       the final rule does not
 Sec.   1926.1412(f)(2)(xx) should be     require the corrective action
 deleted because an SER believes that     to which the SER refers. If an
 it is not always appropriate to retain   inspection under Sec.
 originally-equipped steps and ladders,   1926.1412(f) reveals a
 such as in instances where they are      deficiency, a qualified person
 replaced with ``attaching dollies.''     must determine whether that
                                          deficiency is a safety hazard
                                          requiring immediate
                                          correction. If the inspection
                                          reveals that original
                                          equipment, such as stairs and
                                          ladders, have been replaced
                                          with something equally safe,
                                          there would be no safety
                                          hazard and no requirement for
                                          corrective action.
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on the extent of          Sec.   1926.1412(f)(7), OSHA
 documentation of monthly and annual/     requested public comment on
 comprehensive inspections the rule       this issue. OSHA finalized
 should require.                          Sec.   1926.1412(f)(7) as
                                          proposed because the comments
                                          did not demonstrate a need to
                                          modify the extent of required
                                          documentation.
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on whether the            Sec.   1926.1412(e), OSHA
 provision for monthly inspections        requested public comment on
 should, like the provision for annual    this issue. In response to
 inspections, specify who must keep the   these comments, OSHA has
 documentation associated with monthly    explained in the final
 inspections.                             preamble that the employer who
                                          performs the inspection must
                                          maintain documentation. If
                                          another employer wants to rely
                                          on this inspection, but cannot
                                          ensure completion and
                                          documentation of the
                                          inspection, then that employer
                                          must conduct a monthly
                                          inspection.
The Panel recommends that OSHA consider  OSHA addressed this
 ways to account for the possibility      recommendation in the
 that there may sometimes be an           discussion of proposed Sec.
 extended delay in obtaining the part     1926.1416(d), and requested
 number for an operational aid for        public comment on the issue.
 older equipment and solicit public       The Agency did not receive any
 comment on the extent to which this is   significant comments.
 a problem.
The Panel recommends that the provision  Except for a minor change to
 on fall protection (proposed Sec.        Sec.   1926.1423(h), which was
 1926.1423) be finalized as written and   made for clarity purposes,
 that OSHA explain in the preamble how    OSHA has finalized Sec.
 and why the Committee arrived at this    1926.1423 as proposed. OSHA
 provision.                               explained the Committee's
                                          rationale in the proposed
                                          preamble discussion of Sec.
                                          1926.1423.

[[Page 48124]]

 
The Panel recommends that OSHA consider  OSHA addressed these
 the potential advantages of and          recommendations in the
 solicit public comment on adding         discussion of proposed Sec.
 provisions to proposed Sec.              1926.1427, and requested
 1926.1427 that would allow an operator   public comment on the issues
 to be certified on a particular model    raised by the Panel. Based on
 of crane; allow tests to be              these comments, OSHA is not
 administered by an accredited            permitting certification on a
 educational institution; and allow       particular crane model because
 employers to use manuals that have       the body of knowledge and
 been re-written to accommodate the       skills required to be
 literacy level and English proficiency   qualified/certified on a
 of operators.                            particular model of crane is
                                          not less than that needed to
                                          be qualified/certified for
                                          that model's type and
                                          capacity. OSHA is not allowing
                                          an institution accredited by
                                          the Department of Education
                                          (DOE) to certify crane
                                          operators solely on the basis
                                          of DOE accreditation; such
                                          institutions would, like other
                                          operator-certification
                                          entities used to fulfill
                                          Option (1), be accredited by a
                                          ``nationally recognized''
                                          accrediting body. Finally,
                                          OSHA is permitting employers
                                          to re-write manuals to
                                          accommodate the literacy level
                                          and English proficiency of
                                          operators.
The Panel recommends that OSHA clarify   In the discussion of proposed
 in the preamble how the proposed rule    Sec.   1926.1427(h), OSHA
 addresses an SER's concern that his      proposed to allow the oral
 crane operator would not be able to      administration of tests if two
 pass a written qualification/            prerequisites are met. None of
 certification exam because the           the comments explained why the
 operator has difficulty in taking        rule as proposed was not
 written exams.                           effective for evaluating the
                                          knowledge of the candidate.
The Panel recommends soliciting public   OSHA received public comments
 comment on whether the phrase            on this issue. In the final
 ``equipment capacity and type'' in       preamble discussion of Sec.
 proposed Sec.   1926.1427(b)(1)(ii)(B)   1926.1427(b)(1)(ii)(B), OSHA
 needs clarification, suggestions on      explains that the Agency added
 how to accomplish this, and whether      a definition of ``type'' in
 the categories represented in Figures    response to public comment.
 1 through 10 contained in ANSI B30.5-    The Agency also references
 2000 (i.e., commercial truck-mounted     ANSI crane categories to
 crane--telescoping boom; commercial      illustrate the meaning of
 truck-mounted crane--non-telescoping     ``type'' in this standard.
 boom; crawler crane; crawler crane--
 telescoping boom; locomotive crane;
 wheel-mounted crane (multiple control
 station); wheel-mounted crane--
 telescoping boom (multiple control
 station); wheel-mounted crane (single
 control station); wheel-mounted crane--
 telescoping boom (single control
 station)) should be used.
The Panel recommends that OSHA ask for   OSHA addressed this
 public comment on whether the rule       recommendation in the
 needs to state more clearly that Sec.    discussion of proposed Sec.
  1926.1427(j)(1)(i) requires more        1926.1430(c), and explained
 limited training for operators of        that Sec.   1926.1427(j)(1)'s
 smaller capacity equipment used in       requirement for operator
 less complex operations as compared      training in ``the information
 with operators of higher capacity,       necessary for safe operation
 more complex equipment used in more      of the specific type of
 complex situations.                      equipment the individual will
                                          operate'' addressed the SERs'
                                          concern. However, the Agency
                                          sought public comment on this
                                          issue. OSHA finalized Sec.
                                          1926.1427(j)(1) as proposed
                                          because the comments failed to
                                          explain how the hazards
                                          related to the operation of
                                          smaller equipment differed
                                          from larger equipment. OSHA
                                          then concluded that the
                                          comments also were not
                                          persuasive as to why operators
                                          of smaller capacity equipment
                                          should be allowed limited
                                          training.
The Panel recommends that OSHA consider  OSHA addressed this
 and ask for public comment on whether    recommendation in the
 a more limited training program would    discussion of proposed Sec.
 be appropriate for operations based on   1926.1430(c) requested public
 the capacity and type of equipment and   comment on the issue. The
 nature of operations.                    comments failed to explain how
                                          the hazards related to smaller
                                          equipment were any different
                                          from larger equipment. OSHA
                                          then concluded that the
                                          comments also were not
                                          persuasive as to why operators
                                          of smaller capacity equipment
                                          should be allowed limited
                                          training.
The Panel recommends that OSHA consider  OSHA addressed this
 and ask for public comment as to         recommendation in the
 whether the supervisor responsible for   discussion of proposed Sec.
 oversight for an operator in the pre-    1926.1430(c). and requested
 qualification period (Sec.               public comment on the issue.
 1926.1427(f)) should have additional     In the proposed preamble, OSHA
 training beyond that required in the C-  stated that, where a
 DAC document at Sec.                     supervisor is not a certified
 1926.1427(f)(2)(iii)(B).                 operator, ``he/she must be
                                          certified on the written
                                          portion of the test and be
                                          familiar with the proper use
                                          of the equipment's controls;
                                          the supervisor is not required
                                          to have passed a practical
                                          operating test.'' OSHA
                                          finalized this requirement
                                          without substantive change in
                                          Sec.   1926.1427(f)(3)(ii) as
                                          proposed because none of the
                                          comments demonstrated a need
                                          to require additional training
                                          for this qualified individual.
The Panel recommends OSHA solicit        In the discussion of proposed
 comment on whether there are qualified   Sec.   1926.1437(n)(2), OSHA
 persons in the field with the            requested public comment on
 necessary expertise to assess how the    this issue. Based on these
 rated capacity for land cranes and       comments, OSHA has concluded
 derricks used on barges and other        that there are qualified
 flotation devices needs to be modified   persons with dual expertise,
 as required by proposed Sec.             and that the requirement in
 1926.1437(n)(2).                         Sec.   1926.1437(n)(2) is
                                          necessary for safety when
                                          equipment is engaged in duty
                                          cycle work.
The Panel also recommends that OSHA
 solicit comment on whether it is
 necessary, from a safety standpoint,
 to apply this provision to cranes used
 only for duty cycle work, and if so,
 why that is the case, and how ``duty
 cycle work'' should be defined.
The Panel recommends that OSHA consider  In the discussion of proposed
 and ask for comment on whether it        Sec.   1926.1440(a), OSHA
 would be appropriate to exempt from      requested public comment on
 the rule small sideboom cranes           this issue. These comments did
 incapable of lifting above the height    not provide any specific
 of a truck bed and with a capacity of    reason for exempting these
 not more than 6,000 pounds.              small sideboom cranes and,
                                          therefore, OSHA has not
                                          provided a small capacity
                                          sideboom crane exemption from
                                          this standard.

[[Page 48125]]

 
The Panel recommends that OSHA solicit   The length and
 public comment on how the proposed       comprehensiveness of the
 rule could be simplified (without        standard is an issue for this
 creating ambiguities) and made easier    rulemaking. In the proposed
 to understand. (Several SERs believed    preamble Introduction, OSHA
 that the C-DAC document was so long      requested public comment on
 and complex that small businesses        this issue; however, the
 would have difficulty understanding it   Agency did not receive any
 and complying with it.)                  comments objecting to the
                                          length or clarity of the
                                          overall rule or offer any
                                          suggestions as to how it could
                                          be simplified.
The Panel recommends that OSHA consider  OSHA will consider developing
 outlining the inspection requirements    such an aid as a separate
 in spreadsheet form in an Appendix or    guidance document.
 developing some other means to help
 employers understand what inspections
 are needed and when they must be done.
The Panel recommends that OSHA consider  Some SERs requested
 whether use of the words ``determine''   clarification as to when
 and ``demonstrate'' would mandate that   documentation was required,
 the employer keep records of such        believing that the document
 determinations and if records would be   implicitly requires
 required to make such demonstrations.    documentation when it states
                                          that the employer must
                                          ``determine'' or
                                          ``demonstrate'' certain
                                          actions or conditions. OSHA
                                          notes that it cannot cite an
                                          employer for failing to have
                                          documentation not explicitly
                                          required by a standard. See
                                          also the discussion under
                                          proposed Sec.   1926.1402(e).
The Panel recommends soliciting public   In the discussion of proposed
 comment on whether the word ``days''     Sec.   1926.1416(d), OSHA
 as used in Sec.  Sec.   1926.1416(d)     requested public comment on
 and 1926.1416(e) should be clarified     this issue. As a clarification
 to mean calendar days or business days.  in response to the comments
                                          received, OSHA determines that
                                          the term ``days'' refers to
                                          calendar days.
The Panel recommends that OSHA           OSHA proposed a scope section,
 carefully discuss what is included and   Sec.   1926.1400, and
 excluded from the scope of this          discussed in detail the types
 standard.                                of machinery proposed to be
                                          included and excluded under
                                          this standard. OSHA received
                                          public comments on this
                                          proposed scope, analyzed the
                                          comments, and provided more
                                          discussion of the scope
                                          section in the final preamble.
The Panel recommends that OSHA gather    OSHA obtained and evaluated a
 data and analyze the effects of          study by the Construction
 already existing certification           Safety Association of Ontario
 requirements.                            showing that Ontario's
                                          certification requirement led
                                          to a substantial decrease in
                                          crane-related fatalities
                                          there. OSHA also examined both
                                          economic data of crane
                                          operator wage rates before and
                                          after the certification
                                          requirements, and fatality
                                          rates before and after the
                                          certification requirements.
                                         This data shows that costs
                                          disruptions were minimal, and
                                          that crane fatalities were
                                          significantly reduced as a
                                          result of the California
                                          certification standard.
The Panel recommends that OSHA consider  In the discussion of proposed
 excluding and soliciting comment on      Sec.   1926.1400(c), OSHA
 whether equipment used solely to         requested public comment on
 deliver materials to a construction      this issue. Based on the
 site by placing/stacking the materials   analysis of the comments
 on the ground should be explicitly       received, OSHA recognized an
 excluded from the proposed standard's    exclusion for delivery
 scope.                                   materials that should exclude
                                          most true deliveries, while
                                          avoiding creating a loophole
                                          to the standard that would
                                          allow materials-delivery firms
                                          to engage in extensive
                                          construction activities
The Panel recommends that OSHA should    The information and opinions
 consider the information and range of    submitted by the SERs are part
 opinions that were presented by the      of the record for this
 SERs on the issue of operator            rulemaking, and OSHA
 qualification/certification when         considered them along with the
 analyzing the public comments on this    other public comments on the
 issue.                                   proposed rule.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on            recommendation in the
 expanding the levels of certification    discussion of proposed Sec.
 so as to allow an operator to be         1926.1427, and requested
 certified on a specific brand's model    public comment on the issue.
 of crane.                                Based on these comments, OSHA
                                          is not permitting
                                          certification on a particular
                                          crane model because the body
                                          of knowledge and skills
                                          required to be qualified/
                                          certified on a particular
                                          model of crane is not less
                                          than that needed to be
                                          qualified/certified for that
                                          model's type and capacity.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on            recommendation in the
 expanding the levels of operator         discussion of proposed Sec.
 qualification/certification to allow     1926.1427(j)(1), and requested
 an operator to be certified for a        public comment on this issue.
 specific, limited type of                Though several commenters were
 circumstance. Such a circumstance        in favor of this option, they
 would be defined by a set of             did not explain how these
 parameters that, taken together, would   lifts could objectively be
 describe an operation characterized by   distinguished from lifts
 simplicity and relatively low risk.      generally. Several other
 The Agency should consider and solicit   commenters indicated that the
 comment on whether such parameters       types of hazards present and
 could be identified in a way that        the knowledge needed to
 would result in a clear, easily          address those hazards,
 understood provision that could be       remained the same, regardless
 effectively enforced.                    of the capacity of the crane
                                          involved or the ``routine''
                                          nature of the lift (see
                                          discussion of Sec.
                                          1926.1427(a)). Based on these
                                          comments, the Agency has not
                                          promulgated such a provision.
The Panel recommends that OSHA consider  OSHA addressed this
 and solicit public comment on allowing   recommendation in the
 the written and practical tests          discussion of proposed Sec.
 described in Option (1) to be            1926.1427(b)(3), and requested
 administered by an accredited            public comment on the issue.
 educational institution.                 Several comments were
                                          submitted in favor of allowing
                                          this option; however, they did
                                          not establish that Department
                                          of Education (DOE)
                                          accreditation would guarantee
                                          the same efficacy in
                                          certification as accreditation
                                          as a personnel certification
                                          entity.
                                         The hearing testimony of Dr.
                                          Roy Swift explained the
                                          difference in the types of
                                          accreditation and the reasons
                                          why DOE accreditation would
                                          not adequately address
                                          operator certification issues.
                                          Therefore, OSHA has finalized
                                          this provision as it was
                                          proposed.

[[Page 48126]]

 
The Panel recommends that OSHA solicit   In the discussion of proposed
 public comment on making it clear        Sec.   1926.1427(h)(1), OSHA
 that: (1) An employer is permitted to    requested public comment on
 equip its cranes with manuals re-        this issue. Based on the
 written in a way that would allow an     analysis of the comments
 operator with a low literacy level to    received, OSHA concludes that
 understand the material (such as         these manuals may not be re-
 substituting some text with pictures     written as recommended because
 and illustrations), and (2) making it    it could cause information
 clear that, when the cranes are          important for safety to be
 equipped with such re-written manuals    omitted.
 and materials, the ``manuals'' and
 ``materials'' referred to in these
 literacy provisions would be the re-
 written manuals.
The Panel recommends that OSHA explain   OSHA will issue a Small
 in a Small Business Compliance Guide     Business Compliance Guide
 that the certification/qualification     after the final rule is
 test does not need to be administered    issued, and will explain these
 in English but can be administered in    points in the Guide.
 a language that the candidate can
 read; and that while the employee
 would also need to have a sufficient
 level of literacy to read and
 understand the relevant information in
 the equipment manual, that requirement
 would be satisfied if the material is
 written in a language that the
 employee can read and understand.
------------------------------------------------------------------------

    In addition to these issues brought up by the SBREFA panel, SBA's 
office of Advocacy provided a set of recommendations for OSHA to 
consider. (ID-0147.) These recommendations and OSHA's responses to them 
are summarized as follows:
    1. ``OSHA should consider eliminating the requirement for third-
party certification of crane operators--at least for some small cranes 
or routine lifts.'' OSHA carefully examined this requirement. As noted 
in the benefits sections, broadly speaking, such a requirement resulted 
in major reductions in crane fatalities in both Ontario and California. 
Further, as discussed in the preamble sections, there is no easy way, 
beyond that already allowed, to eliminate third-party certification.
    2. ``OSHA should exempt equipment used solely to deliver materials 
to a construction site by placing or staking the materials on the 
ground.'' OSHA has clearly exempted such activities from the scope of 
the final standard.
    3. ``OSHA should clarify the meaning of `construction'.'' As noted 
above, OSHA has added material designed to aid in this distinction. 
However, the definition of construction is not an issue in this 
rulemaking, but is instead an issue for all construction rules.
    4. ``OSHA should further limit the `controlling entity' provisions 
in the proposed rule.'' Advocacy was concerned that small businesses 
may not be onsite, or may not have suitable expertise to meet the 
requirements for controlling entities. However, the fact remains that 
only the controlling entity can do what this section of the standard 
requires: (1) Transfer any information they know of to the crane 
operator; and (2) authorize action that will change ground conditions 
to assure they are suitable for crane operations. The controlling 
entity could, of course, authorize the crane operator to alter site 
conditions as they wished to assure adequate safety--but it is the 
controlling entity and not the crane operator that inevitably has 
responsibility for site conditions.
    5. ``OSHA should not mandate that employers follow manufacturers' 
recommendations.'' Advocacy's concern here was that manufacturers may 
unduly limit crane operations out of liability concerns. However, only 
the manufacturers know the limitations of the cranes they produce. As a 
result, OSHA has retained these provisions. If Advocacy had provided 
examples of clearly unnecessary provisions in manuals, their argument 
might have been more convincing. In the absence of even a single 
example, there seems no reason to reject this provision or provide 
costs for it.
    6. ``OSHA should consider and document any `significant 
alternatives' to the proposed rule.'' Advocacy was concerned that some 
possible alternatives were not fully analyzed ``because OSHA had 
committed to publishing the draft rule developed by C-DAC as the 
proposed rule, [and did not give] full consideration [to] significant 
alternatives that would specifically reduce the burden on small 
businesses have not been documented in the proposed rule.'' OSHA 
believes that reliance on the work of C-DAC was and remains, 
appropriate. The two largest sources of costs in the rule are operator 
certification and rules covering operations close to power lines. The 
experience of Ontario and California shows that operator certification 
can make a major difference to crane fatalities. Additional work done 
for this final rule shows that construction crane fatalities also occur 
in general industry sectors where construction work is performed. As a 
result, and as more fully discussed in the scope and operator 
certification sections of this preamble, OSHA continues to believe that 
operator certification for cranes doing construction work is necessary 
to prevent crane-related deaths and injury. OSHA also believes that the 
power line rules developed through the expertise of C-DAC remain 
necessary to address the largest single source of crane-related 
construction fatalities--fatalities due to power line contact.
4. A Description of and an Estimate of the Number of Small Entities to 
Which the Rule Will Apply
    OSHA completed an analysis of the economic impacts associated with 
this final rule, including an analysis of the type and number of small 
entities to which the rule would apply, as described above. To 
determine the number of small entities potentially affected by this 
rulemaking, OSHA used the definitions of small entities developed by 
the Small Business Administration (SBA) for each industry.
    For the construction industry generally, SBA defines small 
businesses using revenue-based criteria. For most of the affected 
construction industries, including those industries that are mostly 
comprised of general contractors, firms with annual revenues of less 
than $31 million are classified as small businesses. For specialty 
contractors, such as structural-steel erection contractors, firms with 
annual revenues of less than $13 million are considered to be small 
businesses. Based on the definitions of small entities developed by SBA 
for each industry, the final rule is estimated to potentially affect a 
total of 204,000 small entities, as shown in Tables B-13 and B-14. 
Included in this number are an estimated 187,000

[[Page 48127]]

entities with fewer than 20 employees (Table B-15).
5. A Description of the Projected Reporting, Recordkeeping and Other 
Compliance Requirements of the Rule, Including an Estimate of the 
Classes of Small Entities Which Will Be Subject to the Requirement and 
the Type of Professional Skills Necessary for Preparation of the Report 
or Record
    The final rule addresses the work practices used, as well as other 
requirements, for performing construction work involving cranes/
derricks. Employers are required to keep specified records associated 
with inspections and operator certification/qualification.
    Other compliance requirements in the standard include the assembly 
and disassembly requirements, encroachment-prevention precautions when 
working near power lines, and ground condition and power line 
assessments.
    The preamble to the standard provides a comprehensive description 
of the standard's requirements. The final economic analysis located in 
the preamble provides a description of the types of business entities 
subject to these requirements, and the types of professional skills 
necessary to comply with the requirements.
Regulatory Alternatives
    The Agency considered alternatives to the many provisions in the 
proposed standard, and these are presented and discussed in the Final 
Regulatory Flexibility Analysis below, as well as throughout the 
Preamble. Crane operator certification was one of the main issues in 
the rulemaking, and the Agency concludes that provisions for 
certification offer the most prominent way to consider both a more 
stringent standard (requiring certification of inspectors, riggers, and 
signal persons in addition to crane operators) as well as less 
stringent option of dropping the requirement of crane operator 
certification altogether.
    The Agency has estimated the additional annualized costs for crane 
operator certification to be about $51 million annually--about one-
third of the estimated total costs of the final standard. Dropping this 
requirement would reduce costs and impacts by that amount, roughly. 
Without a Federal regulatory requirement, the level of operator 
certification would be uncertain. A substantial percentage of operators 
have already been certified. The Agency is convinced that certification 
significantly improves the safe practices of crane operators, and that 
increased protection has been the experience in several venues where 
certification has been required. Liability insurers have reduced the 
premium rates on employers who use certified operators. Some states and 
cities also currently require crane operators to be certified. It is 
likely that crane services in construction work would be divided into 
two separate worlds without a Federal regulatory requirement: One with 
certified operators, perhaps slightly more expensive but safer, and one 
where operators are not certified but employers still have a 
requirement to adequately train them. As it is difficult to predict 
what the relative size of the market would be, it is not possible to 
predict or estimate what the effect would be in terms of future crane 
safety. The Agency did have substantial evidence in the record that 
operator certification, although costly, sharply reduces crane 
accidents, and did not adopt this alternative of dropping the operator 
certification requirement.
    Several commenters in the rulemaking recommended that riggers, 
crane inspectors, and signal persons also be certified. The final 
standard requires riggers who perform tasks such as assembly/
disassembly be qualified, as defined in the construction standards' 
definitions. The annualized cost of certifying a crane operator is 
about $400 (spread over 5 years, 7 percent discount rate). The Agency 
estimates that certifying a rigger would cost much less, about $100 per 
year; a signal person, on average, $50 per year; and inspectors as much 
as a crane operator. The Agency estimates that there needs to be, at 
most, on average, one certified rigger per crane; one signal person for 
every 3 cranes; and about 1,000 certified inspectors to conduct annual 
inspections of all the estimated 123,000 construction cranes. The 
Agency estimates that certification will annually cost about $100 for a 
rigger, $50 for a signal person, and $400 for an inspector (as much as 
a for a crane operator). The Agency estimates the total annual cost of 
certifying will be $14.5 million ($12.3 million for riggers, $2 million 
for signal persons, and $0.4 million for inspectors). The cost of crane 
inspection is likely to increase since many employers will no longer be 
able to have an employee perform an inspection, but the Agency is not 
estimating that increased cost.
    Riggers are injured and killed more frequently than workers in any 
other occupation during construction crane activities. They are injured 
when cranes tip over or booms fall, by falling loads, by electrical 
shock from power line contact, and through falls. The Negotiated 
Rulemaking Committee focused on the safety of the crane itself 
(capacity or loading limits, for example), crane movement or 
operations, assembly/disassembly, and power line risk rather than risks 
faced by riggers and signal persons who work with them. The Agency 
concludes that more training and certification for riggers could 
provide greater safety for them, but information in IMIS did not permit 
a separate analysis of the role of riggers in crane safety. No 
commenter who advocated certification for riggers provided more than a 
qualitative assertion that increased crane safety would result. There 
was similarly no information in the record that inspection failures had 
resulted in accidents, save for one accident in New York City that 
resulted from an inadequate repair to a tower crane part. The Agency 
did not have enough information in the record to recommend or support 
this alternative of requiring certification for riggers, signal 
persons, or inspectors.

C. OMB Review Under the Paperwork Reduction Act of 1995

    The final Cranes and Derricks Standard contains collection of 
information requirements (paperwork) that are subject to review by the 
Office of Management and Budget (OMB). In accordance with the 
requirements of the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 
3506(c)(2)), the proposed regulation solicited comments on the 
information collection included in the proposal. The Department also 
submitted an information collection request (ICR), titled ``Cranes and 
Derricks in Construction (29 CFR part 1926 subpart CC),'' to OMB for 
review in accordance with 44 U.S.C. 3507(d) on the date the proposed 
regulation was published. On January 8, 2009, OMB informed the 
Department of Labor to use OMB control number 1218-0261 in future 
submissions involving this rulemaking. OMB also commented, ``This OMB 
action is not an approval to conduct or sponsor an information 
collection under the Paperwork Reduction Act of 1995.''
    OSHA received no public comments that addressed specifically the 
paperwork burden analysis of the information collections. A number of 
comments, described earlier in this preamble, contained information 
relevant to the costs and burden hours attendant to the non-paperwork 
provisions of the proposal, which OSHA considered when it developed the 
revised burden analysis for the ICR associated with this final rule.

[[Page 48128]]

    Prior to publishing this final rulemaking, the Department of Labor 
submitted the Cranes and Derricks ICR to OMB for OMB approval. OSHA 
will publish a separate notice in the Federal Register that will 
announce the results of that review and include any applicable OMB 
control number. That notice also will include a summary of the 
information collection requirements and burdens imposed by the new 
standard. A copy of the ICR is available as an exhibit at http://www.regulations.gov. The Department of Labor notes that a Federal 
agency cannot conduct or sponsor a collection of information unless it 
is approved by OMB under the PRA, and displays a currently valid OMB 
control number. Also, notwithstanding any other provision of law, no 
employer shall be subject to penalty for failing to comply with a 
collection of information if the collection of information does not 
display a currently valid OMB control number.
    The final Cranes and Derricks standard imposes new information-
collection requirements for purposes of PRA-95. These provisions are 
necessary to protect the health and safety of employees who work with 
equipment at construction worksites. The paperwork requirements impose 
on employers a duty to produce and maintain records when they implement 
controls and take other measures to protect workers from hazards 
related to cranes and derricks used in construction. For example, each 
construction business that has workers who operate or are in the 
vicinity of cranes and derricks must have, as applicable, the following 
documents on file and available at the job site: Equipment ratings, 
employee training records, written authorizations from qualified 
individuals, and qualification program audits. During an inspection, 
OSHA must have access to these records to determine compliance under 
conditions specified by the final standard. An employer's failure to 
generate and disclose the information required by this standard will 
have a substantial affect on the Agency's effort to control and reduce 
injuries and fatalities related to the use of cranes and derricks in 
construction.

D. Federalism

    The Agency reviewed this final rule according to the most recent 
Executive Order (``E.O.'') on Federalism (E.O. 13132, 64 FR 43225, Aug. 
10, 1994). This E.O. requires that Federal agencies, to the extent 
possible, refrain from limiting State or local policy options, consult 
with States before taking actions that restrict State or local policy 
options, and take such actions only when clear constitutional authority 
exists, and the problem is national in scope. The E.O. allows Federal 
agencies to preempt State and local law only with the expressed consent 
of Congress. In such cases, Federal agencies must limit preemption of 
State and local law to the extent possible.
    Under section 18 of the Occupational Safety and Health Act of 1970 
(``OSH Act''; 29 U.S.C. 667), Congress expressly provides that States 
may adopt, with Federal approval, a plan for the development and 
enforcement of occupational safety and health standards; States that 
obtain Federal approval for such a plan are referred to as ``State-Plan 
States.'' (29 U.S.C. 667.) Occupational safety and health standards 
developed by State-Plan States must be at least as effective in 
providing safe and healthful employment and places of employment as the 
Federal standards. Subject to these requirements, State-Plan States are 
free to develop and enforce under State law their own requirements for 
occupational safety and health standards.
    OSHA has authority under E.O. 13132 to promulgate the final rule in 
29 CFR part 1926 because the employee exposures related to cranes and 
derricks used in construction addressed by the requirements of the 
final standard are national in scope. The Agency concludes that the 
requirements in this final rule will provide employers in every State 
with critical information to use when protecting their employees from 
the hazards presented when working with cranes and derricks.
    A number of commenters were concerned with the preemptive effect of 
the final rule in jurisdictions not covered by an approved State plan. 
Representatives of New York City urged OSHA to make clear that the new 
standard will not preempt the City's ordinances governing the erection, 
dismantling, and operation of cranes, including crane operator 
licensing requirements, that protect the public in general. (ID-0342; -
0404.1.) \142\ The Allied Building Metal Industries Association, on the 
other hand, stated that preemption of local crane laws is not only 
preferable, but is mandated by the OSH Act. (ID-0344.)
---------------------------------------------------------------------------

    \142\ The City of Chicago Department of Buildings submitted a 
late comment expressing the same concerns as those of New York City. 
(ID-0348.1.) The concerns expressed by Chicago are mainly the same 
as those of New York, and are addressed in the discussion of the New 
York laws.
---------------------------------------------------------------------------

    The OSH Act does not contain an express preemption provision.\143\ 
However, in accordance with ordinary conflict preemption principles, 
preemption may be implied where the State law conflicts with Federal 
law or is an impediment to full accomplishment of the Federal purpose. 
Gade v. National Solid Wastes Management Ass'n, 505 U.S. 88, 100 
(1992). The determination whether, under Gade, a State or local law is 
impliedly preempted by a Federal occupational safety or health standard 
involves a detailed examination of the specific provisions and purposes 
of the law. The Secretary previously examined New York City's crane 
ordinances and concluded that they were not preempted by the prior 
crane standard. OSHA has placed the Secretary's amicus brief in Steel 
Institute of New York v. The City of New York, No. 09-CV-6539 (CM) 
(JCF) on the record. (ID-0419.1.) This brief presents the agency's 
interpretation of the preemptive effect of the prior rule on New York 
City's crane ordinances. For the same reasons set forth in the amicus 
brief--which are summarized below--New York City's crane ordinances are 
not preempted by this final rule.
---------------------------------------------------------------------------

    \143\ The proposed rule incorrectly stated that sec. 18 of the 
Act expressly provides OSHA with authority to preempt State 
occupational safety and health standards to the extent that the 
Agency promulgates a permanent Federal standard (73 FR 59913, Oct. 
9, 2008).
---------------------------------------------------------------------------

    In the Steel Institute case, the Secretary concluded that the OSH 
Act does not preempt municipal building codes like New York City's 
crane ordinances, which are designed to protect the public and 
neighboring structures from the hazards of cranes and do not conflict 
with OSHA standards. In Gade, a plurality read the provisions of sec. 
18 of the Act to preempt supplementary State laws that are not part of 
an approved State plan. 505 U.S. at 100-108. However, sec. 18 refers to 
states, not localities, and does not evince a clear intention to 
preempt local building codes. The Gade decision did not address local 
building codes, and the plurality's rationale for concluding that State 
laws may be preempted does not apply with equal measure to municipal 
building codes. The plurality relied chiefly on the availability of 
sec. 18's State plan mechanism for states that wish to supplement 
Federal requirements, and Congress's intent to encourage states to 
assume full responsibility for safety and health through the State plan 
process. (ID-0419.1.) Cities and localities, however, have no authority 
under the Act to submit a State plan. Only a State

[[Page 48129]]

itself may submit a plan and that plan must apply throughout the State. 
(ID-0419.1.) There was no majority consensus in Gade as to the 
preemptive effect of an OSHA standard on supplementary laws not 
addressed by sec. 18.
    A variety of factors support the view that building codes are not 
the type of laws Congress intended to preempt in enacting sec. 18. 
There is legislative history supporting this conclusion. Representative 
Steiger, a primary sponsor of the Act, indicated that the Act would not 
be preemptive in the event of an overlap between an OSHA standard and a 
local building code. (ID-0419.1.) The Secretary has interpreted the Act 
as not preempting laws such as building codes and OSHA rulemaking has 
long proceeded on the assumption that local building codes exist in 
parallel to OSHA regulations and are not preempted by them. For 
example, in the preamble to the final rule on Exit Routes, Emergency 
Action Plans, and Fire Prevention Plans, OSHA commended the 
effectiveness of building codes while declining to recognize compliance 
with building codes as compliance with the OSHA standard (67 FR 67950, 
67954, Nov. 7, 2002). Strong policy considerations bolster this 
understanding. Work practices and conditions pose a variety of serious 
hazards to the public, and local jurisdictions have enacted a network 
of industrial codes, such as building and electrical codes, that touch 
on issues for which there are OSHA standards. If New York City's crane 
ordinances are preempted because of their incidental impact on worker 
safety, building and electrical codes, and many other types of local 
regulation will also be in jeopardy. The text and history of the Act 
give no indication that Congress intended such a sweeping preemptive 
effect. (ID-0419.1.)
    A separate reason for concluding that New York City's crane laws 
are not preempted is that they are laws of general applicability. The 
Gade plurality stated that laws of general applicability, such as 
traffic or fire safety laws, that regulate the conduct of workers and 
nonworkers as members of the general public would not be preempted 
regardless of their substantial effect on worker safety. 505 U.S. at 
107.
    The New York City crane ordinances are not designed to protect 
workers as a class; they regulate crane operations only to the extent 
they pose a hazard to the public. The effect of the ordinances is to 
protect a group far larger than employees on a construction site. 
Cranes operate in some of the most densely populated areas of the city. 
(ID-0404.1; -0342.) This density makes it generally impossible to 
locate a crane or derrick so that it will not operate over or adjacent 
to crowded streets, sidewalks and occupied buildings. Id. For the same 
reason, mobile cranes, which can have booms hundreds of feet in length, 
must park on and operate from, the street. Id. On any given day, more 
than 300 cranes, including 30-40 tower cranes, operate in New York 
City.\144\ Id. A recent study concluded that a tower crane operating in 
NYC poses a risk to 12 to 15 surrounding buildings, several streets, 
and 1,000-1,500 people. Id. A crane accident on March 15, 2008 killed a 
woman in a brownstone one block away, destroyed eighteen buildings and 
damaged many more within a several-block radius, and forced hundreds of 
people from their homes. Id. Twelve members of the public were injured 
in crane accidents between 2006 and 2008. Id. Although compliance with 
the City's ordinances will unquestionably protect workers, such 
protection is incidental to protection of all persons in the vicinity 
regardless of their status as employees or non-employees.
---------------------------------------------------------------------------

    \144\ This means that tower cranes pose a risk to upwards of 
60,000 people on any given day (40 x 1,500 = 60,000).
---------------------------------------------------------------------------

    The City's crane laws are analogous to fire and safety laws in that 
they comprehensively address a public hazard by imposing obligations on 
a wide variety of persons without regard to the existence of an 
employment relationship. Many of these duties are imposed on 
manufacturers, owners, engineers, designated representatives and others 
who need not be employers or employees. By contrast, this final rule, 
like the prior crane rule, applies only to construction work as defined 
in OSHA regulations, which relates to the performance of physical trade 
labor on site and does not generally include engineers, who are the 
subject of several of the City's ordinances.
    Comparison of the City's crane ordinances to fire safety laws--a 
category of laws expressly recognized in Gade as being ``generally 
applicable''--further bolsters the argument that the City's laws are 
not preempted. 505 U.S. at 107. Fire safety laws impose requirements 
that directly and substantially regulate workplace conduct to protect 
the public and property from fire. (ID-0419.1.) For example, both the 
International Fire Code, on which many local codes are based, and the 
New York City Fire Code, contain provisions applicable to specific 
workplaces, such as Aviation Facilities and Operations, and 
Semiconductor Fabrication Facilities, and specific work operations, 
such as Combustible Dust-Producing Operations and Welding and Other Hot 
Work. Id. The New York and International Fire Codes also contain 
requirements applicable during the construction of buildings, including 
requirements for daily disposal of waste and limitations on the use of 
portable oxygen containers and internal-combustion-powered equipment at 
the construction site. Id. Like the City's crane safety laws, these 
work-related fire safety laws include training, certification and 
recordkeeping requirements. Id. The fact that New York City's crane 
ordinances similarly regulate workplace conduct is therefore fully 
consistent with the City ordinances being laws of general 
applicability.
    Although the interpretation outlined above was developed based on 
consideration of the specific provisions of New York City's crane 
ordinances, the preemption principles set forth are generally 
applicable. The agency does not believe that this final rule preempts 
any non-conflicting local or municipal building code designed to 
protect the public from the hazards of cranes.

E. State-Plan States

    When Federal OSHA promulgates a new standard or more stringent 
amendment to an existing standard, the 27 States and U.S. Territories 
with their own OSHA-approved occupational safety and health plans 
(``State-Plan States'') must amend their standards to reflect the new 
standard or amendment, or show OSHA why such action is unnecessary, 
e.g., because an existing State standard covering this area is ``at 
least as effective'' as the new Federal standard or amendment. 29 CFR 
1953.5(a). The State standard must be at least as effective as the 
final Federal rule, must be applicable to both the private and public 
(State and local government employees) sectors, and must be completed 
within six months of the promulgation date of the final Federal rule. 
When OSHA promulgates a new standard or amendment that does not impose 
additional or more stringent requirements than an existing standard, 
State-Plan States are not required to amend their standards, although 
the Agency may encourage them to do so. The 27 States and U.S. 
Territories with OSHA-approved occupational safety and health plans 
are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, 
Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, 
Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,

[[Page 48130]]

Virginia, Washington, and Wyoming; Connecticut, Illinois, New Jersey, 
New York, and the Virgin Islands have OSHA-approved State Plans that 
apply to State and local government employees only.
    This final rule results in more stringent requirements for the work 
it covers. Therefore, States and Territories with approved State Plans 
must adopt comparable amendments to their standards within six months 
of the promulgation date of this rule unless they demonstrate that such 
amendments are not necessary because their existing standards are at 
least as effective in protecting workers as this final rule.

F. Unfunded Mandates Reform Act

    OSHA reviewed this final rule according to the Unfunded Mandates 
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive 
Order 12875 (58 FR 58093, Oct. 28, 1993). As discussed above in section 
V.B of this preamble (``Summary of the Final Economic Analysis, and 
Regulatory Flexibility Analysis''), the Agency estimates that 
compliance with this rule will require private-sector employers to 
expend about $154.1 million each year. However, while this rule 
establishes a Federal mandate in the private sector, the Agency's 
standards do not apply to State, local, or Tribal governments except in 
States that have elected voluntarily to adopt a State Plan approved by 
the Agency. Consequently, this final rule does not meet the definition 
of a ``Federal intergovernmental mandate'' (see sec. 421(5) of the UMRA 
(2 U.S.C. 658(5))). However, the rule imposes costs of over $100 
million per year on the private sector, and is thus subject to the 
requirement under UMRA for review of private sector costs. That 
requirement is met in section V.B. of the preamble.

G. Applicability of Existing Consensus Standards

    Some of the types of equipment subject to this final standard are 
addressed by current national consensus standards in the ASME B30 
series, including: ASME B30.5-2004, ``Mobile and Locomotive Cranes''; 
ASME B30.6-2003, ``Derricks''; ASME B30.8-2004, ``Floating Cranes and 
Floating Derricks''; ASME B30.3-2004, ``Construction Tower Cranes''; 
ASME B30.14-2004, ``Side Boom Tractors''; and ASME B30.2-2001, 
``Overhead and Gantry Cranes.'' In addition, ASME B30.7-2005, ``Base-
Mounted Drum Hoists,'' addresses a type of equipment that is often a 
component of derricks, and ASME B30.23-2005, ``Personnel Lifting 
Systems,'' addresses issues that are covered by Sec.  1926.1431, 
Hoisting personnel.
    The Committee consulted these ASME standards (or the most current 
versions available at the time) and other resources in developing its 
proposal. In most instances, the ASME standards that the Committee 
consulted were entered into the docket, including: ASME B30.5-2000 
(OSHA-S030-2006-0663-0334); ASME B30.5a-2002 Addenda (OSHA-S030-2006-
0663-0335); ASME B30.6-2003 (OSHA-S030-2006-0663-0337); ASME B30.17-
2003 (OSHA-S030-2006-0663-0338); ASME B30.3-1996 (OSHA-S030-2006-0663-
0353); and ASME B30.23-1998 (OSHA-S030-2006-0663-0354). When newer 
versions of the ASME standards were issued after the Committee finished 
its work, OSHA examined the updated standards to determine if the 
provisions of the updated standards deviated in a significant way from 
provisions on which the Committee relied. OSHA entered the updated 
standards into the record of this rulemaking. For the most part, OSHA 
did not find significant deviations between the updated versions and 
the versions reviewed by the Committee. In the few instances in which 
deviations occurred, OSHA identified those deviations and asked for 
public comment on any issues raised.
    As discussed in detail in the Summary and Explanation of the 
standard, a number of provisions in this final rule contain concepts 
that are similar to the concepts underlying the various ASME standards. 
However, the Committee determined that, in most instances, the wording 
of the provisions in these ASME standards needed revision to improve 
the enforceability, clarity, and ease of use.
    For some issues, the ASME standards do not address issues covered 
by this final rule, or the Committee determined that a different 
approach was necessary. For example, in the provisions on inspections 
(Sec. Sec.  1926.1412 and 1926.1413), the Committee concluded that 
shift, monthly, and annual inspection intervals are most appropriate, 
in contrast to the ASME approach, which uses ``frequent'' and 
``periodic'' intervals. In the provisions addressing assembly/
disassembly (Sec. Sec.  1926.1403 through 1926.1406) and the 
encroachment-prevention provisions for power lines (Sec. Sec.  
1926.1407 through 1926.1411), the Committee adopted approaches with no 
comparable counterparts in the ASME standards.
    In some instances, the Committee determined that it was appropriate 
to incorporate ASME standards by reference, in whole or in part. For 
example, in Sec.  1926.1433 (Design, construction and testing), the 
rule incorporates by reference ANSI B30.5-1968, safety code for 
``Crawler, Locomotive, and Truck Cranes,'' PCSA Std. No. 2 (1968), for 
crawler, truck and locomotive cranes manufactured prior to the 
effective date of this final rule, and incorporates portions of ASME 
B30.5a-2004, ``Mobile and Locomotive Cranes,'' for mobile cranes 
(including crawler and truck cranes) and locomotive cranes manufactured 
on or after the effective date of this final rule.

List of Subjects in 29 CFR Part 1926

    Construction industry, Incorporation by reference, Occupational 
safety and health, Safety.

VI. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210, directed the preparation 
of this notice. The Agency is issuing this final rule under the 
following authorities: Sections 4, 6(b), 8(c), and 8(g) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
Section 3704 of the Contract Work Hours and Safety Standards Act (40 
U.S.C. 3701 et seq.); Section 4 of the Administrative Procedure Act (5 
U.S.C. 553); Secretary of Labor's Order No. 5-2007 (72 FR 31159, Jun. 
5, 2007); and 29 CFR part 1911.

    Signed at Washington, DC, on July 16, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

VII. Amendments to Standards

0
For the reasons stated in the preamble of this final rule, the Agency 
is amending 29 CFR part 1926 to read as follows:

PART 1926--[AMENDED]

Subpart A--General

0
1. The authority citation for subpart A of 29 CFR part 1926 is retained 
as follows:

    Authority: Sec. 3704, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), or 5-2007 (72 FR 31160) as applicable; and 
29 CFR part 1911.

0
2. Section 1926.6 is added to read as follows:

[[Page 48131]]

Sec.  1926.6  Incorporation by reference.

    (a) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e., 
provisions containing the word ``shall'' or other mandatory language) 
of standards incorporated by reference are adopted as standards under 
the Occupational Safety and Health Act. The locations where these 
standards may be examined are as follows:
    (1) Offices of the Occupational Safety and Health Administration, 
U.S. Department of Labor, Frances Perkins Building, Washington, DC 
20210.
    (2) The Regional and Field Offices of the Occupational Safety and 
Health Administration, which are listed in the U.S. Government Manual.
    (b) The materials listed in paragraphs (g) through (ff) of this 
section are incorporated by reference in the corresponding sections 
noted as they exist on the date of the approval, and a notice of any 
change in these materials will be published in the Federal Register. 
These incorporations by reference were approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (c) Copies of standards listed in this section and issued by 
private standards organizations are available for purchase from the 
issuing organizations at the addresses or through the other contact 
information listed below for these private standards organizations. In 
addition, these standards are available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of these standards at NARA, telephone: 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the standards are available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627).
    (d) [Reserved.]
    (e) [Reserved.]
    (f) [Reserved.]
    (g) The following material is available for purchase from the 
American Conference of Governmental Industrial Hygienists (ACGIH), 1330 
Kemper Meadow Drive, Cincinnati, OH 45240; telephone: 513-742-6163; 
fax: 513-742-3355; e-mail: [email protected]; Web site: http://www.acgih.org:
    (1) Threshold Limit Values of Airborne Contaminants for 1970, 1970, 
IBR approved for Sec.  1926.55(a) and Appendix A of Sec.  1926.55.
    (h) The following material is available for purchase from the 
American National Standards Institute (ANSI), 25 West 43rd Street, 
Fourth Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-
302-1286; e-mail: [email protected]; Web site: http://www.ansi.org/.
    (1) ANSI A10.3-1970, Safety Requirements for Explosive-Actuated 
Fastening Tools, IBR approved for Sec.  1926.302(e).
    (2) ANSI A10.4-1963, Safety Requirements for Workmen's Hoists, IBR 
approved for Sec.  1926.552(c).
    (3) ANSI A10.5-1969, Safety Requirements for Material Hoists, IBR 
approved for Sec.  1926.552(b).
    (4) ANSI A11.1-1965 (R1970), Practice for Industrial Lighting, IBR 
approved for Sec.  1926.56(b).
    (5) ANSI A17.1-1965, Elevators, Dumbwaiters, Escalators, and Moving 
Walks, IBR approved for Sec.  1926.552(d).
    (6) ANSI A17.1a-1967, Elevators, Dumbwaiters, Escalators, and 
Moving Walks Supplement, IBR approved for Sec.  1926.552(d).
    (7) ANSI A17.1b-1968, Elevators, Dumbwaiters, Escalators, and 
Moving Walks Supplement, IBR approved for Sec.  1926.552(d).
    (8) ANSI A17.1c-1969, Elevators, Dumbwaiters, Escalators, and 
Moving Walks Supplement, IBR approved for Sec.  1926.552(d).
    (9) ANSI A17.1d-1970, Elevators, Dumbwaiters, Escalators, and 
Moving Walks Supplement, IBR approved for Sec.  1926.552(d).
    (10) ANSI A17.2-1960, Practice for the Inspection of Elevators 
(Inspector's Manual), IBR approved for Sec.  1926.552(d).
    (11) ANSI A17.2a-1965, Practice for the Inspection of Elevators 
(Inspector's Manual) Supplement, IBR approved for Sec.  1926.552(d).
    (12) ANSI A17.2b-1967, Practice for the Inspection of Elevators 
(Inspector's Manual) Supplement, IBR approved for Sec.  1926.552(d).
    (13) ANSI A92.2-1969, Vehicle Mounted Elevating and Rotating Work 
Platforms, IBR approved for Sec. Sec.  1926.453(a) and 1926.453(b).
    (14) ANSI B7.1-1970, Safety Code for the Use, Care, and Protection 
of Abrasive Wheels, IBR approved for Sec. Sec.  1926.57(g), 
1926.303(b), 1926.303(c), and 1926.303(d).
    (15) ANSI B20.1-1957, Safety Code for Conveyors, Cableways, and 
Related Equipment, IBR approved for Sec.  1926.555(a).
    (16) ANSI B56.1-1969, Safety Standards for Powered Industrial 
Trucks, IBR approved for Sec.  1926.602(c).
    (17) ANSI J6.1-1950 (R1971), Rubber Insulating Line Hose, IBR 
approved for Sec.  1926.951(a).
    (18) ANSI J6.2-1950 (R1971), Rubber Insulating Hoods, IBR approved 
for Sec.  1926.951(a).
    (19) ANSI J6.4-1971, Rubber Insulating Blankets, IBR approved for 
Sec.  1926.951(a).
    (20) ANSI J6.5-1971, Rubber Insulating Sleeves, IBR approved for 
Sec.  1926.951(a).
    (21) ANSI J6.6-1971, Rubber Insulating Gloves, IBR approved for 
Sec.  1926.951(a).
    (22) ANSI J6.7-1935 (R1971), Rubber Matting for Use Around Electric 
Apparatus, IBR approved for Sec.  1926.951(a).
    (23) ANSI O1.1-1961, Safety Code for Woodworking Machinery, IBR 
approved for Sec.  1926.304(f).
    (24) ANSI Z35.1-1968, Specifications for Accident Prevention Signs, 
IBR approved for Sec.  1926.200(i).
    (25) ANSI Z35.2-1968, Specifications for Accident Prevention Tags, 
IBR approved for Sec.  1926.200(i).
    (26) ANSI Z49.1-1967, Safety in Welding and Cutting, IBR approved 
for Sec.  1926.350(j).
    (27) ANSI Z87.1-1968, Practice for Occupational and Educational Eye 
and Face Protection, IBR approved for Sec.  1926.102(a).
    (28) ANSI Z89.1-1969, Safety Requirements for Industrial Head 
Protection, IBR approved for Sec.  1926.100(b).
    (29) ANSI Z89.2-1971, Industrial Protective Helmets for Electrical 
Workers, Class B, IBR approved for Sec. Sec.  1926.100(c) and 
1926.951(a).
    (i) [Reserved.]
    (j) The following material is available for purchase from the 
American Society for Testing and Materials (ASTM), ASTM International, 
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959; 
telephone: 610-832-9585; fax: 610-832-9555; e-mail: [email protected]; 
Web site: http://www.astm.org/:
    (1) ASTM A370-1968, Methods and Definitions for Mechanical Testing 
and Steel Products, IBR approved for Sec.  1926.1001(f).
    (2) ASTM B117-1964, 50 Hour Test, IBR approved for Sec.  
1926.959(a).
    (3) ASTM D56-1969, Standard Method of Test for Flash Point by the 
Tag Closed Tester, IBR approved for Sec.  1926.155(i).
    (4) ASTM D93-1969, Standard Method of Test for Flash Point by the

[[Page 48132]]

Pensky Martens Closed Tester, IBR approved for Sec.  1926.155(i).
    (5) ASTM D323-1958 (R1968), Standard Method of Test for Vapor 
Pressure of Petroleum Products (Reid Method), IBR approved for Sec.  
1926.155(m).
    (k) The following material is available for purchase from the 
American Society of Agricultural and Biological Engineers (ASABE), 2950 
Niles Road, St. Joseph, MI 49085; telephone: 269-429-0300; fax: 269-
429-3852; e-mail: [email protected]; Web site: http://www.asabe.org/:
    (1) ASAE R313.1-1971, Soil Cone Penetrometer, reaffirmed 1975, IBR 
approved for Sec.  1926.1002(e).
    (l) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016; telephone: 1-800-843-2763; fax: 973-882-1717; e-mail: 
[email protected]; Web site: http://www.asme.org/:
    (1) ASME B30.2-2005, Overhead and Gantry Cranes (Top Running 
Bridge, Single or Multiple Girder, Top Running Trolley Hoist), issued 
Dec. 30, 2005 (``ASME B30.2-2005''), IBR approved for Sec.  
1926.1438(b).
    (2) ASME B30.5-2004, Mobile and Locomotive Cranes, issued Sept. 27, 
2004 (``ASME B30.5-2004''), IBR approved for Sec. Sec.  1926.1414(b); 
1926.1414(e); 1926.1433(b).
    (3) ASME B30.7-2001, Base-Mounted Drum Hoists, issued Jan. 21, 2002 
(``ASME B30.7-2001''), IBR approved for Sec.  1926.1436(e).
    (4) ASME B30.14-2004, Side Boom Tractors, issued Sept. 20, 2004 
(``ASME B30.14-2004''), IBR approved for Sec.  1926.1440(c).
    (5) ASME Boiler and Pressure Vessel Code, Section VIII, 1968, IBR 
approved for Sec. Sec.  1926.152(i), 1926.306(a), and 1926.603(a).
    (6) ASME Power Boilers, Section I, 1968, IBR approved for Sec.  
1926.603(a).
    (m) The following material is available for purchase from the 
American Welding Society (AWS), 550 N.W. LeJeune Road, Miami, Florida 
33126; telephone: 1-800-443-9353; Web site: http://www.aws.org/:
    (1) AWS D1.1/D1.1M:2002, Structural Welding Code--Steel, 18th ed., 
ANSI approved Aug. 31, 2001 (``AWS D1.1/D1.1M:2002''), IBR approved for 
Sec.  1926.1436(c).
    (2) ANSI/AWS D14.3-94, Specification for Welding Earthmoving and 
Construction Equipment, ANSI approved Jun. 11, 1993 (``ANSI/AWS D14.3-
94''), IBR approved for Sec.  1926.1436(c).
    (n) The following material is available for purchase from the 
British Standards Institution (BSI), 389 Chiswick High Road, London, W4 
4AL, United Kingdom; telephone: +44 20 8996 9001; fax: +44 20 8996 
7001; e-mail: [email protected]; Web site: http://www.bsigroup.com/:
    (1) BS EN 13000:2004, Cranes--Mobile Cranes, published Jan. 4, 2006 
(``BS EN 13000:2004''), IBR approved for Sec.  1926.1433(c).
    (2) BS EN 14439:2006, Cranes--Safety--Tower Cranes, published Jan. 
31, 2007 (``BS EN 14439:2006''), IBR approved for Sec.  1926.1433(c).
    (o) The following material is available for purchase from the 
Bureau of Reclamation, United States Department of the Interior, 1849 C 
Street, NW., Washington DC 20240; telephone: 202-208-4501; Web site: 
http://www.usbr.gov/:
    (1) Safety and Health Regulations for Construction, Part II, Sept. 
1971, IBR approved for Sec.  1926.1000(f).
    (p) The following material is available for purchase from the 
California Department of Industrial Relations, 455 Golden Gate Avenue, 
San Francisco CA 94102; telephone: (415) 703-5070; e-mail: 
[email protected]; Web site: http://www.dir.ca.gov/:
    (1) Construction Safety Orders, IBR approved for Sec.  
1926.1000(f).
    (q) [Reserved.]
    (r) [Reserved.]
    (s) [Reserved.]
    (t) [Reserved.]
    (u) The following material is available for purchase from the 
Federal Highway Administration, United States Department of 
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590; 
telephone: 202-366-4000; Web site: http://www.fhwa.dot.gov/:
    (1) Manual on Uniform Traffic Control Devices, Millennium Edition, 
Dec. 2000, IBR approved for Sec. Sec.  1926.200(g), 1926.201(a), and 
1926.202.
    (v) The following material is available for purchase from the 
General Services Administration (GSA), 1800 F Street, NW., Washington, 
DC 20405; telephone: (202) 501-0800; Web site: http://www.gsa.gov/:
    (1) QQ-P-416, Federal Specification Plating Cadmium 
(Electrodeposited), IBR approved for Sec.  1926.104(e).
    (w) The following material is available for purchase from the 
Institute of Makers of Explosives (IME), 1120 19th Street, NW., Suite 
310, Washington, DC 20036; telephone: 202-429-9280; fax: 202-429-9280; 
e-mail: [email protected]; Web site: http://www.ime.org/:
    (1) IME Pub. No. 2, American Table of Distances for Storage of 
Explosives, Jun. 5, 1964, IBR approved for Sec.  1926.914(a).
    (2) IME Pub. No. 20, Radio Frequency Energy--A Potential Hazard in 
the Use of Electric Blasting Caps, Mar. 1968, IBR approved for Sec.  
1926.900(k).
    (x) The following material is available for purchase from the 
International Organization for Standardization (ISO), 1, ch. de la 
Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland; 
telephone: +41 22 749 01 11; fax: +41 22 733 34 30; Web site: http://www.iso.org/:
    (1) ISO 11660-1:2008(E), Cranes--Access, guards and restraints--
Part 1: General, 2d ed., Feb. 15, 2008 (``ISO 11660-1:2008(E)''), IBR 
approved for Sec.  1926.1423(c).
    (2) ISO 11660-2:1994(E), Cranes--Access, guards and restraints--
Part 2: Mobile cranes, 1994 (``ISO 11660-2:1994(E)''), IBR approved for 
Sec.  1926.1423(c).
    (3) ISO 11660-3:2008(E), Cranes--Access, guards and restraints--
Part 3: Tower cranes, 2d ed., Feb. 15, 2008 (``ISO 11660-3:2008(E)''), 
IBR approved for Sec.  1926.1423(c).
    (y) The following material is available for purchase from the 
National Fire Protection Association (NFPA), 1 Batterymarch Park, 
Quincy, MA 02169; telephone: 617-770-3000; fax: 617-770-0700; Web site: 
http://www.nfpa.org/:
    (1) NFPA 10A-1970, Maintenance and Use of Portable Fire 
Extinguishers, IBR approved for Sec.  1926.150(c).
    (2) NFPA 13-1969, Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  1926.152(d).
    (3) NFPA 30-1969, The Flammable and Combustible Liquids Code, IBR 
approved for Sec.  1926.152(c).
    (4) NFPA 80-1970, Standard for Fire Doors and Windows, Class E or F 
Openings, IBR approved for Sec.  1926.152(b).
    (5) NFPA 251-1969, Standard Methods of Fire Test of Building 
Construction and Material, IBR approved for Sec. Sec.  1926.152(b) and 
1926.155(f).
    (6) NFPA 385-1966, Standard for Tank Vehicles for Flammable and 
Combustible Liquids, IBR approved for Sec.  1926.152(g).
    (z) [Reserved.]
    (aa) The following material is available for purchase from the 
Power Crane and Shovel Association (PCSA), 6737 W. Washington Street, 
Suite 2400, Milwaukee, WI 53214; telephone: 1-800-369-2310; fax: 414-
272-1170; Web site: http://www.aem.org/CBC/ProdSpec/PCSA/:
    (1) PCSA Std. No. 1, Mobile Crane and Excavator Standards, 1968, 
IBR approved for Sec.  1926.602(b).
    (2) PCSA Std. No. 2, Mobile Hydraulic Crane Standards, 1968 (``PCSA 
Std. No. 2 (1968)''), IBR approved for

[[Page 48133]]

Sec. Sec.  1926.602(b), 1926.1433(a), and 1926.1501(a).
    (3) PCSA Std. No. 3, Mobile Hydraulic Excavator Standards, 1969, 
IBR approved for Sec.  1926.602(b).
    (bb) [Reserved.]
    (cc) [Reserved.]
    (dd) The following material is available for purchase from the 
Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096; telephone: 1-877-606-7323; fax: 724-776-0790; Web 
site: http://www.sae.org/:
    (1) SAE 1970 Handbook, IBR approved for Sec.  1926.602(b).
    (2) SAE 1971 Handbook, IBR approved for Sec.  1926.1001(h).
    (3) SAE J166-1971, Trucks and Wagons, IBR approved for Sec.  
1926.602(a).
    (4) SAE J168-1970, Protective Enclosures--Test Procedures and 
Performance Requirements, IBR approved for Sec.  1926.1002(a).
    (5) SAE J185 (reaf. May 2003), Access Systems for Off-Road 
Machines, reaffirmed May 2003 (``SAE J185 (May 1993)''), IBR approved 
for Sec.  1926.1423(c).
    (6) SAE J236-1971, Self-Propelled Graders, IBR approved for Sec.  
1926.602(a).
    (7) SAE J237-1971, Front End Loaders and Dozers, IBR approved for 
Sec.  126.602(a).
    (8) SAE J319b-1971, Self-Propelled Scrapers, IBR approved for Sec.  
1926.602(a).
    (9) SAE J320a-1971, Minimum Performance Criteria for Roll-Over 
Protective Structure for Rubber-Tired, Self-Propelled Scrapers, IBR 
approved for Sec.  1926.1001(h).
    (10) SAE J321a-1970, Fenders for Pneumatic-Tired Earthmoving 
Haulage Equipment, IBR approved for Sec.  1926.602(a).
    (11) SAE J333a-1970, Operator Protection for Agricultural and Light 
Industrial Tractors, IBR approved for Sec.  1926.602(a).
    (11) SAE J386-1969, Seat Belts for Construction Equipment, IBR 
approved for Sec.  1926.602(a).
    (12) SAE J394-1971, Minimum Performance Criteria for Roll-Over 
Protective Structure for Rubber-Tired Front End Loaders and Robber-
Tired Dozers, IBR approved for Sec.  1926.1001(h).
    (13) SAE J395-1971, Minimum Performance Criteria for Roll-Over 
Protective Structure for Crawler Tractors and Crawler-Type Loaders, IBR 
approved for Sec.  1926.1001(h).
    (14) SAE J396-1971, Minimum Performance Criteria for Roll-Over 
Protective Structure for Motor Graders, IBR approved for Sec.  
1926.1001(h).
    (15) SAE J397-1969, Critical Zone Characteristics and Dimensions 
for Operators of Construction and Industrial Machinery, IBR approved 
for Sec.  1926.1001(f).
    (16) SAE J743a-1964, Tractor Mounted Side Boom, 1964 (``SAE J743a-
1964''), IBR approved for Sec.  1926.1501(a).
    (17) SAE J959-1966, Lifting Crane Wire-Rope Strength Factors, 1966 
(``SAE J959-1966''), IBR approved for Sec.  1926.1501(a).
    (18) SAE J987 (rev. Jun. 2003), Lattice Boom Cranes--Method of 
Test, revised Jun. 2003 (``SAE J987 (Jun. 2003)''), IBR approved for 
Sec.  1926.1433(c).
    (19) SAE J1063 (rev. Nov. 1993), Cantilevered Boom Crane 
Structures--Method of Test, revised Nov. 1993 (``SAE J1063 (Nov. 
1993)''), IBR approved for Sec.  1926.1433(c).
    (ee) The following material is available for purchase from the 
United States Army Corps of Engineers, 441 G Street, NW., Washington, 
DC 20314; telephone: 202-761-0011; e-mail: [email protected]; Web site: http://www.usace.army.mil/:
    (1) EM-385-1-1, General Safety Requirements, Mar. 1967, IBR 
approved for Sec.  1926.1000(f).
    (ff) The following material is available for purchase from 
standards resellers such as the Document Center Inc., 111 Industrial 
Road, Suite 9, Belmont, CA 94002; telephone: 650-591-7600; fax: 650-
591-7617; e-mail: center.com">info@document-center.com; Web site: http://www.document-center.com/:
    (1) ANSI B15.1-1953 (R1958), Safety Code for Mechanical Power-
Transmission Apparatus, revised 1958, IBR approved for Sec. Sec.  
1926.300(b)(2) and 1926.1501(a).
    (2) ANSI B30.2.0-1967, Safety Code for Overhead and Gantry Cranes, 
approved May 4, 1967, IBR approved for Sec.  1926.1501(d).
    (3) ANSI B30.5-1968, Crawler, Locomotive, and Truck Cranes, 
approved Dec. 16, 1968, IBR approved for Sec. Sec.  1926.1433(a), 
1926.1501(a), and 1926.1501(b).
    (4) ANSI B30.6-1969, Safety Code for Derricks, approved Dec. 18, 
1967, IBR approved for Sec.  1926.1501(e).

Subpart C--General Safety and Health Provisions

0
3. The authority citation for subpart C of 29 CFR part 1926 is retained 
as follows:

    Authority:  Sec. 3704, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), or 5-2007 (72 FR 31160) as applicable; and 
29 CFR part 1911.


Sec.  1926.31  [Reserved.]

0
4. Section 1926.31 is removed and reserved.

Subpart L--Scaffolds

0
5. The authority citation for subpart L of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Section 107, Contract Work Hours and Safety 
Standards Act (Construction Safety Act)(40 U.S.C. 333); Secs. 4, 6, 
8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 1-90 (55 FR 9033) and 5-2007 
(72 FR 31159); and 29 CFR part 1911.


0
6. Section 1926.450 is amended by revising paragraph (a) to read as 
follows:


Sec.  1926.450  Scope, application, and definitions applicable to this 
subpart.

    (a) Scope and application. This subpart applies to all scaffolds 
used in workplaces covered by this part. It does not apply to crane or 
derrick suspended personnel platforms. The criteria for aerial lifts 
are set out exclusively in Sec.  1926.453.
* * * * *

Subpart M--Fall Protection

0
7. The authority citation for subpart M of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Section 3704 of the Contract Work Hours and Safety 
Standards Act (Construction Safety Act) (40 U.S.C. 3701); Sections 
4, 6 and 8 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 1-90 (55 FR 
9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), and 5-2007 (72 FR 
31159); and 29 CFR part 1911.


0
8. Section 1926.500 is amended by revising paragraph (a)(2)(ii), adding 
paragraph (a)(3)(v), and revising paragraph (a)(4), to read as follows:


Sec.  1926.500  Scope, application, and definitions applicable to this 
subpart.

    (a) * * *
    (2) * * *
    (ii) Requirements relating to fall protection for employees working 
on cranes and derricks are provided in subpart CC of this part.
* * * * *
    (3) * * *
    (v) Criteria for steps, handholds, ladders, and grabrails/
guardrails/railings required by subpart CC are provided in subpart CC. 
Sections 1926.502(a), (c) through (e), and (i) apply to activities 
covered under subpart CC unless otherwise stated in subpart CC. No 
other paragraphs of Sec.  1926.502 apply to subpart CC.
* * * * *

[[Page 48134]]

    (4) Section 1926.503 sets forth requirements for training in the 
installation and use of fall protection systems, except in relation to 
steel erection activities and the use of equipment covered by subpart 
CC.

Subpart DD--Cranes and Derricks Used in Demolition and Underground 
Construction

0
9. New subpart DD, consisting of Sec.  1926.1500 is added to read as 
follows:

Subpart DD--Cranes and Derricks Used in Demolition and Underground 
Construction

    Authority:  Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 
FR 25059), or 9-83 (49 FR 35736), and 5-2007 (72 FR 31159).


Sec.  1926.1500  Scope.

    This subpart applies only to employers engaged in demolition work 
covered by Sec.  1926.856 and Sec.  1926.858, and underground 
construction work covered by Sec.  1926.800. This subpart applies in 
lieu of Sec.  1926 subpart CC.

Subpart N--Cranes, Derricks, Hoists, Elevators, and Conveyors

0
10. The authority citation for subpart N of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 
FR 25059), or 9-83 (49 FR 35736), and 5-2007 (72 FR 31159).


0
11. The heading to subpart N of 29 CFR part 1926 is revised to read as 
follows:

Subpart N--Helicopters, Hoists, Elevators, and Conveyors

* * * * *


Sec.  1926.550  [Redesignated as Sec.  1926.1501]

0
12. Section 1926.550 is redesignated as Sec.  1926.1501 in subpart DD.


Sec.  1926.550  [Reserved]

0
13. Section 1926.550 is reserved.

0
14. Section 1926.553 is amended by adding paragraph (c) to read as 
follows:


Sec.  1926.553  Base-mounted drum hoists.

* * * * *
    (c) This section does not apply to base-mounted drum hoists used in 
conjunction with derricks. Base-mounted drum hoists used in conjunction 
with derricks must conform to Sec.  1926.1436(e).

Subpart O--Motorized Vehicles, Mechanical Equipment, and Marine 
Operations

0
15. The authority citation for subpart O of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Section 107, Construction Work Hours and Safety 
Standards Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 
8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 
5-2007 (72 FR 31159), as applicable. Section 1926.602 also issued 
under 29 CFR part 1911.


0
16. Section 1926.600 is amended by revising paragraph (a)(6) to read as 
follows:


Sec.  1926.600  Equipment.

    (a) General Requirements. * * *
    (6) All equipment covered by this subpart shall comply with the 
following requirements when working or being moved in the vicinity of 
power lines or energized transmitters, except where electrical 
distribution and transmission lines have been deenergized and visibly 
grounded at point of work or where insulating barriers, not a part of 
or an attachment to the equipment or machinery, have been erected to 
prevent physical contact with the lines:
    (i) For lines rated 50 kV or below, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet;
    (ii) For lines rated over 50 kV, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet plus 0.4 inch 
for each 1 kV over 50 kV, or twice the length of the line insulator, 
but never less than 10 feet;
    (iii) In transit with no load and boom lowered, the equipment 
clearance shall be a minimum of 4 feet for voltages less than 50 kV, 
and 10 feet for voltages over 50 kV, up to and including 345 kV, and 16 
feet for voltages up to and including 750 kV;
    (iv) A person shall be designated to observe clearance of the 
equipment and give timely warning for all operations where it is 
difficult for the operator to maintain the desired clearance by visual 
means;
    (v) Cage-type boom guards, insulating links, or proximity warning 
devices may be used on cranes, but the use of such devices shall not 
alter the requirements of any other regulation of this part even if 
such device is required by law or regulation;
    (vi) Any overhead wire shall be considered to be an energized line 
unless and until the person owning such line or the electrical utility 
authorities indicate that it is not an energized line and it has been 
visibly grounded;
    (vii) Prior to work near transmitter towers where an electrical 
charge can be induced in the equipment or materials being handled, the 
transmitter shall be de-energized or tests shall be made to determine 
if electrical charge is induced on the crane. The following precautions 
shall be taken when necessary to dissipate induced voltages:
    (A) The equipment shall be provided with an electrical ground 
directly to the upper rotating structure supporting the boom; and
    (B) Ground jumper cables shall be attached to materials being 
handled by boom equipment when electrical charge is induced while 
working near energized transmitters. Crews shall be provided with 
nonconductive poles having large alligator clips or other similar 
protection to attach the ground cable to the load.
    (C) Combustible and flammable materials shall be removed from the 
immediate area prior to operations.

Subpart R--Steel Erection

0
17. The authority citation for subpart R of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 3-2000 (65 FR 50017), 5-2002 
(67 FR 65008), and 5-2007 (72 FR 31159); and 29 CFR part 1911.


0
18. Section 1926.753 is amended by revising paragraphs (a) and (c)(4) 
to read as follows:


Sec.  1926.753  Hoisting and rigging.

    (a) All the provisions of subpart CC apply to hoisting and rigging 
with the exception of Sec.  1926.1431(a).
* * * * *
    (c) * * *
    (4) Cranes or derricks may be used to hoist employees on a 
personnel platform when work under this subpart is being conducted, 
provided that all provisions of Sec.  1926.1431 (except for Sec.  
1926.1431(a)) are met.
* * * * *

[[Page 48135]]

Subpart S--Underground Construction, Caissons, Cofferdams, and 
Compressed Air

0
19. The authority citation for subpart S of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of 
Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 FR 31159) 
as applicable.


0
20. Section 1926.800 is amended by revising paragraph (t) to read as 
follows:


Sec.  1926.800  Underground construction.

* * * * *
    (t) Hoisting unique to underground construction. Employers must 
comply with Sec.  1926.1501(g) of Sec.  1926 subpart DD. Except as 
modified by this paragraph (t), the following provisions of subpart N 
of this part apply: Requirements for material hoists are found in 
Sec. Sec.  1926.552(a) and (b) of this part. Requirements for personnel 
hoists are found in the personnel hoists requirements of Sec. Sec.  
1926.552(a) and (c) of this part and in the elevator requirement of 
Sec. Sec.  1926.552(a) and (d) of this part.
* * * * *

Subpart T--Demolition

0
21. The authority citation for subpart S of 29 CFR part 1926 is revised 
to read as follows:

    Authority:  Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of 
Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 FR 31159) 
as applicable.


0
22. Section 1926.856 is amended by revising paragraph (c) to read as 
follows:


Sec.  1926.856  Removal of walls, floors, and material with equipment.

* * * * *
    (c) Mechanical equipment used shall meet the requirements specified 
in subparts N and O and Sec.  1926.1501 of Sec.  1926 subpart DD.

0
23. Section 1926.858 is amended by revising paragraph (b) to read as 
follows:


Sec.  1926.858  Removal of walls, floors, and material with equipment.

* * * * *
    (b) Cranes, derricks, and other hoisting equipment used shall meet 
the requirements specified in Sec.  1926.1501 of Sec.  1926 subpart DD.

Subpart V--Power Transmission and Distribution

0
24. The authority citation for subpart V of part 1926 is revised to 
read as follows:

    Authority:  Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); Secs. 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754); 8-76 (41 
FR 25059); 9-83 (48 FR 35736, 1-90 (55 FR 9033), and 5-2007 (72 FR 
31159). Section 1926.951 also issued under 29 CFR part 1911.


0
25. Section 1926.952 is amended by revising paragraph (c) to read as 
follows:


Sec.  1926.952  Mechanical equipment.

* * * * *
    (c) Cranes and other lifting equipment.
    (1) All equipment shall comply with subparts CC and O of this part, 
as applicable.
    (2) Digger derricks used for augering holes for poles carrying 
electric lines, placing and removing poles, or for handling associated 
materials to be installed or removed from the poles must comply with 29 
CFR 1910.269.
    (3) With the exception of equipment certified for work on the 
proper voltage, mechanical equipment shall not be operated closer to 
any energized line or equipment than the clearances set forth in Sec.  
1926.950(c) unless, in addition to the requirements in Sec.  1926.1410:
    (i) The mechanical equipment is insulated, or
    (ii) The mechanical equipment is considered as energized.
    Note to paragraph (c)(3): In accordance with 29 CFR 
1926.1400(g), compliance with 29 CFR 1910.269(p) will be deemed 
compliance with Sec. Sec.  1926.1407 through 1926.1411, including 
Sec.  1926.1410.

Subpart X--Stairways and Ladders

0
26. The authority citation for subpart X of 29 CFR part 1926 is amended 
by revising paragraph (a) to read as follows:

    Authority:  Section 107, Contract Work Hours and Safety 
Standards Act (Construction Safety Act](40 U.S.C. 333); Secs. 4, 6, 
8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 1-90 (55 FR 9033), 5-2007 (72 
FR 31159); and 29 CFR part 1911.


0
27. Section 1926.1050 is amended by revising paragraph (a) to read as 
follows:


Sec.  1926.1050  Scope, application, and definitions applicable to this 
subpart.

    (a) Scope and application. This subpart applies to all stairways 
and ladders used in construction, alteration, repair (including 
painting and decorating), and demolition workplaces covered under 29 
CFR part 1926, and also sets forth, in specified circumstances, when 
ladders and stairways are required to be provided. Additional 
requirements for ladders used on or with scaffolds are contained in 
subpart L--Scaffolds. This subpart does not apply to integral 
components of equipment covered by subpart CC. Subpart CC exclusively 
sets forth the circumstances when ladders and stairways must be 
provided on equipment covered by subpart CC.
* * * * *

Appendix A to Part 1926--Designations for General Industry Standards 
Incorporated into Body of Construction Standards

0
28. Appendix A to part 1926 is amended by removing the row containing 
``1926.550(a)(19)'' and ``1910.184(c)(9)'' from the table ``1926 
DESIGNATIONS FOR APPLICABLE 1910 STANDARDS.''

Subparts AA and BB--[Reserved]

0
29. Subparts AA and BB are reserved and subpart CC is added to read as 
follows:
Subpart CC--Cranes and Derricks in Construction
Sec.
1926.1400 Scope.
1926.1401 Definitions.
1926.1402 Ground conditions.
1926.1403 Assembly/Disassembly--selection of manufacturer or 
employer procedures.
1926.1404 Assembly/Disassembly--general requirements (applies to all 
assembly and disassembly operations).
1926.1405 Disassembly--additional requirements for dismantling of 
booms and jibs (applies to both the use of manufacturer procedures 
and employer procedures).
1926.1406 Assembly/Disassembly--employer procedures--general 
requirements.
1926.1407 Power line safety (up to 350 kV)--assembly and 
disassembly.
1926.1408 Power line safety (up to 350 kV)--equipment operations.
1926.1409 Power line safety (over 350 kV).
1926.1410 Power line safety (all voltages)--equipment operations 
closer than the Table A zone.
1926.1411 Power line safety--while traveling.
1926.1412 Inspections.
1926.1413 Wire rope--inspection.
1926.1414 Wire rope--selection and installation criteria.
1926.1415 Safety devices.
1926.1416 Operational aids.
1926.1417 Operation.
1926.1418 Authority to stop operation.
1926.1419 Signals--general requirements.

[[Page 48136]]

1926.1420 Signals--radio, telephone or other electronic transmission 
of signals.
1926.1421 Signals--voice signals--additional requirements.
1926.1422 Signals--hand signal chart.
1926.1423 Fall protection.
1926.1424 Work area control.
1926.1425 Keeping clear of the load.
1926.1426 Free fall and controlled load lowering.
1926.1427 Operator qualification and certification.
1926.1428 Signal person qualifications.
1926.1429 Qualifications of maintenance & repair employees.
1926.1430 Training.
1926.1431 Hoisting personnel.
1926.1432 Multiple-crane/derrick lifts--supplemental requirements.
1926.1433 Design, construction and testing.
1926.1434 Equipment modifications.
1926.1435 Tower cranes.
1926.1436 Derricks.
1926.1437 Floating cranes/derricks and land cranes/derricks on 
barges.
1926.1438 Overhead & gantry cranes.
1926.1439 Dedicated pile drivers.
1926.1440 Sideboom cranes.
1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 
pounds or less.
1926.1442 Severability.
Appendix A to Subpart CC of part 1926--Standard Hand Signals
Appendix B to Subpart CC of part 1926--Assembly/Disassembly--Sample 
Procedures for Minimizing the Risk of Unintended Dangerous Boom 
Movement
Appendix C to Subpart CC of part 1926--Operator Certification--
Written Examination--Technical Knowledge Criteria

Subpart CC--Cranes and Derricks in Construction

    Authority: Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 5-2007 (72 FR 31159); and 29 
CFR part 1911.


Sec.  1926.1400  Scope.

    (a) This standard applies to power-operated equipment, when used in 
construction, that can hoist, lower and horizontally move a suspended 
load. Such equipment includes, but is not limited to: Articulating 
cranes (such as knuckle-boom cranes); crawler cranes; floating cranes; 
cranes on barges; locomotive cranes; mobile cranes (such as wheel-
mounted, rough-terrain, all-terrain, commercial truck-mounted, and boom 
truck cranes); multi-purpose machines when configured to hoist and 
lower (by means of a winch or hook) and horizontally move a suspended 
load; industrial cranes (such as carry-deck cranes); dedicated pile 
drivers; service/mechanic trucks with a hoisting device; a crane on a 
monorail; tower cranes (such as a fixed jib, i.e., ``hammerhead 
boom''), luffing boom and self-erecting); pedestal cranes; portal 
cranes; overhead and gantry cranes; straddle cranes; sideboom cranes; 
derricks; and variations of such equipment. However, items listed in 
paragraph (c) of this section are excluded from the scope of this 
standard.
    (b) Attachments. This standard applies to equipment included in 
paragraph (a) of this section when used with attachments. Such 
attachments, whether crane-attached or suspended include, but are not 
limited to: Hooks, magnets, grapples, clamshell buckets, orange peel 
buckets, concrete buckets, drag lines, personnel platforms, augers or 
drills and pile driving equipment.
    (c) Exclusions. This subpart does not cover:
    (1) Machinery included in paragraph (a) of this section while it 
has been converted or adapted for a non-hoisting/lifting use. Such 
conversions/adaptations include, but are not limited to, power shovels, 
excavators and concrete pumps.
    (2) Power shovels, excavators, wheel loaders, backhoes, loader 
backhoes, track loaders. This machinery is also excluded when used with 
chains, slings or other rigging to lift suspended loads.
    (3) Automotive wreckers and tow trucks when used to clear wrecks 
and haul vehicles.
    (4) Digger derricks when used for augering holes for poles carrying 
electric and telecommunication lines, placing and removing the poles, 
and for handling associated materials to be installed on or removed 
from the poles. Digger derricks used in work subject to 29 CFR part 
1926, subpart V, must comply with 29 CFR 1910.269. Digger derricks used 
in construction work for telecommunication service (as defined at 29 
CFR 1910.268(s)(40)) must comply with 29 CFR 1910.268.
    (5) Machinery originally designed as vehicle-mounted aerial devices 
(for lifting personnel) and self-propelled elevating work platforms.
    (6) Telescopic/hydraulic gantry systems.
    (7) Stacker cranes.
    (8) Powered industrial trucks (forklifts), except when configured 
to hoist and lower (by means of a winch or hook) and horizontally move 
a suspended load.
    (9) Mechanic's truck with a hoisting device when used in activities 
related to equipment maintenance and repair.
    (10) Machinery that hoists by using a come-a-long or chainfall.
    (11) Dedicated drilling rigs.
    (12) Gin poles when used for the erection of communication towers.
    (13) Tree trimming and tree removal work.
    (14) Anchor handling or dredge-related operations with a vessel or 
barge using an affixed A-frame.
    (15) Roustabouts.
    (16) Helicopter cranes.
    (17) Material Delivery
    (i) Articulating/knuckle-boom truck cranes that deliver material to 
a construction site when used to transfer materials from the truck 
crane to the ground, without arranging the materials in a particular 
sequence for hoisting.
    (ii) Articulating/knuckle-boom truck cranes that deliver material 
to a construction site when the crane is used to transfer building 
supply sheet goods or building supply packaged materials from the truck 
crane onto a structure, using a fork/cradle at the end of the boom, but 
only when the truck crane is equipped with a properly functioning 
automatic overload prevention device. Such sheet goods or packaged 
materials include, but are not limited to: Sheets of sheet rock, sheets 
of plywood, bags of cement, sheets or packages of roofing shingles, and 
rolls of roofing felt.
    (iii) This exclusion does not apply when:
    (A) The articulating/knuckle-boom crane is used to hold, support or 
stabilize the material to facilitate a construction activity, such as 
holding material in place while it is attached to the structure;
    (B) The material being handled by the articulating/knuckle-boom 
crane is a prefabricated component. Such prefabricated components 
include, but are not limited to: Precast concrete members or panels, 
roof trusses (wooden, cold-formed metal, steel, or other material), 
prefabricated building sections such as, but not limited to: Floor 
panels, wall panels, roof panels, roof structures, or similar items;
    (C) The material being handled by the crane is a structural steel 
member (for example, steel joists, beams, columns, steel decking 
(bundled or unbundled) or a component of a systems-engineered metal 
building (as defined in 29 CFR 1926 subpart R).
    (D) The activity is not specifically excluded under Sec.  
1400(c)(17)(i) and (ii).
    (d) All sections of this subpart CC apply to the equipment covered 
by this standard unless specified otherwise.
    (e) The duties of controlling entities under this subpart include, 
but are not limited to, the duties specified in Sec.  1926.1402(c), 
Sec.  1926.1402(e) and Sec.  1926.1424(b).
    (f) Where provisions of this standard direct an operator, 
crewmember, or other employee to take certain actions, the employer 
must establish, effectively

[[Page 48137]]

communicate to the relevant persons, and enforce, work rules to ensure 
compliance with such provisions.
    (g) For work covered by subpart V of this part, compliance with 29 
CFR Sec.  1910.269(p) is deemed compliance with Sec. Sec.  1926.1407 
through 1926.1411.
    (h) Section 1926.1402 does not apply to cranes designed for use on 
railroad tracks, when used on railroad tracks that are part of the 
general railroad system of transportation that is regulated pursuant to 
the Federal Railroad Administration under 49 CFR part 213, and that 
comply with applicable Federal Railroad Administration requirements. 
See Sec.  1926.1402(f).


Sec.  1926.1401  Definitions.

    A/D director (Assembly/Disassembly director) means an individual 
who meets this subpart's requirements for an A/D director, irrespective 
of the person's formal job title or whether the person is non-
management or management personnel.
    Articulating crane means a crane whose boom consists of a series of 
folding, pin connected structural members, typically manipulated to 
extend or retract by power from hydraulic cylinders.
    Assembly/Disassembly means the assembly and/or disassembly of 
equipment covered under this standard. With regard to tower cranes, 
``erecting and climbing'' replaces the term ``assembly,'' and 
``dismantling'' replaces the term ``disassembly.'' Regardless of 
whether the crane is initially erected to its full height or is climbed 
in stages, the process of increasing the height of the crane is an 
erection process.
    Assist crane means a crane used to assist in assembling or 
disassembling a crane.
    Attachments means any device that expands the range of tasks that 
can be done by the equipment. Examples include, but are not limited to: 
An auger, drill, magnet, pile-driver, and boom-attached personnel 
platform.
    Audible signal means a signal made by a distinct sound or series of 
sounds. Examples include, but are not limited to, sounds made by a 
bell, horn, or whistle.
    Blocking (also referred to as ``cribbing'') is wood or other 
material used to support equipment or a component and distribute loads 
to the ground. It is typically used to support lattice boom sections 
during assembly/disassembly and under outrigger and stabilizer floats.
    Boatswain's chair means a single-point adjustable suspension 
scaffold consisting of a seat or sling (which may be incorporated into 
a full body harness) designed to support one employee in a sitting 
position.
    Bogie means ``travel bogie,'' which is defined below.
    Boom (equipment other than tower crane) means an inclined spar, 
strut, or other long structural member which supports the upper 
hoisting tackle on a crane or derrick. Typically, the length and 
vertical angle of the boom can be varied to achieve increased height or 
height and reach when lifting loads. Booms can usually be grouped into 
general categories of hydraulically extendible, cantilevered type, 
latticed section, cable supported type or articulating type.
    Boom (tower cranes): On tower cranes, if the ``boom'' (i.e., 
principal horizontal structure) is fixed, it is referred to as a jib; 
if it is moveable up and down, it is referred to as a boom.
    Boom angle indicator means a device which measures the angle of the 
boom relative to horizontal.
    Boom hoist limiting device includes boom hoist disengaging device, 
boom hoist shut-off, boom hoist disconnect, boom hoist hydraulic 
relief, boom hoist kick-outs, automatic boom stop device, or derricking 
limiter. This type of device disengages boom hoist power when the boom 
reaches a predetermined operating angle. It also sets brakes or closes 
valves to prevent the boom from lowering after power is disengaged.
    Boom length indicator indicates the length of the permanent part of 
the boom (such as ruled markings on the boom) or, as in some 
computerized systems, the length of the boom with extensions/
attachments.
    Boom stop includes boom stops, (belly straps with struts/standoff), 
telescoping boom stops, attachment boom stops, and backstops. These 
devices restrict the boom from moving above a certain maximum angle and 
toppling over backward.
    Boom suspension system means a system of pendants, running ropes, 
sheaves, and other hardware which supports the boom tip and controls 
the boom angle.
    Builder means the builder/constructor of equipment.
    Center of gravity: The center of gravity of any object is the point 
in the object around which its weight is evenly distributed. If you 
could put a support under that point, you could balance the object on 
the support.
    Certified welder means a welder who meets nationally recognized 
certification requirements applicable to the task being performed.
    Climbing means the process in which a tower crane is raised to a 
new working height, either by adding additional tower sections to the 
top of the crane (top climbing), or by a system in which the entire 
crane is raised inside the structure (inside climbing).
    Come-a-long means a mechanical device typically consisting of a 
chain or cable attached at each end that is used to facilitate movement 
of materials through leverage.
    Competent person means one who is capable of identifying existing 
and predictable hazards in the surroundings or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate them.
    Controlled load lowering means lowering a load by means of a 
mechanical hoist drum device that allows a hoisted load to be lowered 
with maximum control using the gear train or hydraulic components of 
the hoist mechanism. Controlled load lowering requires the use of the 
hoist drive motor, rather than the load hoist brake, to lower the load.
    Controlling entity means an employer that is a prime contractor, 
general contractor, construction manager or any other legal entity 
which has the overall responsibility for the construction of the 
project--its planning, quality and completion.
    Counterweight means a weight used to supplement the weight of 
equipment in providing stability for lifting loads by counterbalancing 
those loads.
    Crane/derrick includes all equipment covered by this subpart.
    Crawler crane means equipment that has a type of base mounting 
which incorporates a continuous belt of sprocket driven track.
    Crossover points means locations on a wire rope which is spooled on 
a drum where one layer of rope climbs up on and crosses over the 
previous layer. This takes place at each flange of the drum as the rope 
is spooled onto the drum, reaches the flange, and begins to wrap back 
in the opposite direction.
    Dedicated channel means a line of communication assigned by the 
employer who controls the communication system to only one signal 
person and crane/derrick or to a coordinated group of cranes/derricks/
signal person(s).
    Dedicated pile-driver is a machine that is designed to function 
exclusively as a pile-driver. These machines typically have the ability 
to both hoist the material that will be pile-driven and to pile-drive 
that material.
    Dedicated spotter (power lines): To be considered a dedicated 
spotter, the requirements of Sec.  1926.1428 (Signal person 
qualifications) must be met and

[[Page 48138]]

his/her sole responsibility is to watch the separation between the 
power line and the equipment, load line and load (including rigging and 
lifting accessories), and ensure through communication with the 
operator that the applicable minimum approach distance is not breached.
    Directly under the load means a part or all of an employee is 
directly beneath the load.
    Dismantling includes partial dismantling (such as dismantling to 
shorten a boom or substitute a different component).
    Drum rotation indicator means a device on a crane or hoist which 
indicates in which direction and at what relative speed a particular 
hoist drum is turning.
    Electrical contact occurs when a person, object, or equipment makes 
contact or comes in close proximity with an energized conductor or 
equipment that allows the passage of current.
    Employer-made equipment means floating cranes/derricks designed and 
built by an employer for the employer's own use.
    Encroachment is where any part of the crane, load line or load 
(including rigging and lifting accessories) breaches a minimum 
clearance distance that this subpart requires to be maintained from a 
power line.
    Equipment means equipment covered by this subpart.
    Equipment criteria means instructions, recommendations, limitations 
and specifications.
    Fall protection equipment means guardrail systems, safety net 
systems, personal fall arrest systems, positioning device systems or 
fall restraint systems.
    Fall restraint system means a fall protection system that prevents 
the user from falling any distance. The system is comprised of either a 
body belt or body harness, along with an anchorage, connectors and 
other necessary equipment. The other components typically include a 
lanyard, and may also include a lifeline and other devices.
    Fall zone means the area (including but not limited to the area 
directly beneath the load) in which it is reasonably foreseeable that 
partially or completely suspended materials could fall in the event of 
an accident.
    Flange points are points of contact between rope and drum flange 
where the rope changes layers.
    Floating cranes/derricks means equipment designed by the 
manufacturer (or employer) for marine use by permanent attachment to a 
barge, pontoons, vessel or other means of flotation.
    For example means ``one example, although there are others.''
    Free fall (of the load line) means that only the brake is used to 
regulate the descent of the load line (the drive mechanism is not used 
to drive the load down faster or retard its lowering).
    Free surface effect is the uncontrolled transverse movement of 
liquids in compartments which reduce a vessel's transverse stability.
    Hoist means a mechanical device for lifting and lowering loads by 
winding a line onto or off a drum.
    Hoisting is the act of raising, lowering or otherwise moving a load 
in the air with equipment covered by this standard. As used in this 
standard, ``hoisting'' can be done by means other than wire rope/hoist 
drum equipment.
    Include/including means ``including, but not limited to.''
    Insulating link/device means an insulating device listed, labeled, 
or accepted by a Nationally Recognized Testing Laboratory in accordance 
with 29 CFR 1910.7.
    Jib stop (also referred to as a jib backstop), is the same type of 
device as a boom stop but is for a fixed or luffing jib.
    Land crane/derrick is equipment not originally designed by the 
manufacturer for marine use by permanent attachment to barges, 
pontoons, vessels, or other means of floatation.
    List means the angle of inclination about the longitudinal axis of 
a barge, pontoons, vessel or other means of floatation.
    Load refers to the object(s) being hoisted and/or the weight of the 
object(s); both uses refer to the object(s) and the load-attaching 
equipment, such as, the load block, ropes, slings, shackles, and any 
other ancillary attachment.
    Load moment (or rated capacity) indicator means a system which aids 
the equipment operator by sensing (directly or indirectly) the 
overturning moment on the equipment, i.e., load multiplied by radius. 
It compares this lifting condition to the equipment's rated capacity, 
and indicates to the operator the percentage of capacity at which the 
equipment is working. Lights, bells, or buzzers may be incorporated as 
a warning of an approaching overload condition.
    Load moment (or rated capacity) limiter means a system which aids 
the equipment operator by sensing (directly or indirectly) the 
overturning moment on the equipment, i.e., load multiplied by radius. 
It compares this lifting condition to the equipment's rated capacity, 
and when the rated capacity is reached, it shuts off power to those 
equipment functions which can increase the severity of loading on the 
equipment, e.g., hoisting, telescoping out, or luffing out. Typically, 
those functions which decrease the severity of loading on the equipment 
remain operational, e.g., lowering, telescoping in, or luffing in.
    Locomotive crane means a crane mounted on a base or car equipped 
for travel on a railroad track.
    Luffing jib limiting device is similar to a boom hoist limiting 
device, except that it limits the movement of the luffing jib.
    Marine hoisted personnel transfer device means a device, such as a 
``transfer net,'' that is designed to protect the employees being 
hoisted during a marine transfer and to facilitate rapid entry into and 
exit from the device. Such devices do not include boatswain's chairs 
when hoisted by equipment covered by this standard.
    Marine worksite means a construction worksite located in, on or 
above the water.
    Mobile crane means a lifting device incorporating a cable suspended 
latticed boom or hydraulic telescopic boom designed to be moved between 
operating locations by transport over the road.
    Moving point-to-point means the times during which an employee is 
in the process of going to or from a work station.
    Multi-purpose machine means a machine that is designed to be 
configured in various ways, at least one of which allows it to hoist 
(by means of a winch or hook) and horizontally move a suspended load. 
For example, a machine that can rotate and can be configured with 
removable forks/tongs (for use as a forklift) or with a winch pack, jib 
(with a hook at the end) or jib used in conjunction with a winch. When 
configured with the forks/tongs, it is not covered by this subpart. 
When configured with a winch pack, jib (with a hook at the end) or jib 
used in conjunction with a winch, it is covered by this subpart.
    Nationally recognized accrediting agency is an organization that, 
due to its independence and expertise, is widely recognized as 
competent to accredit testing organizations. Examples of such 
accrediting agencies include, but are not limited to, the National 
Commission for Certifying Agencies and the American National Standards 
Institute.
    Nonconductive means that, because of the nature and condition of 
the materials used, and the conditions of use (including environmental 
conditions and condition of the material), the object in question has 
the

[[Page 48139]]

property of not becoming energized (that is, it has high dielectric 
properties offering a high resistance to the passage of current under 
the conditions of use).
    Operational aids are devices that assist the operator in the safe 
operation of the crane by providing information or automatically taking 
control of a crane function. These include, but are not limited to, the 
devices listed in Sec.  1926.1416 (``listed operational aids'').
    Operational controls means levers, switches, pedals and other 
devices for controlling equipment operation.
    Operator means a person who is operating the equipment.
    Overhead and gantry cranes includes overhead/bridge cranes, 
semigantry, cantilever gantry, wall cranes, storage bridge cranes, 
launching gantry cranes, and similar equipment, irrespective of whether 
it travels on tracks, wheels, or other means.
    Paragraph refers to a paragraph in the same section of this subpart 
that the word ``paragraph'' is used, unless otherwise specified.
    Pendants includes both wire and bar types. Wire type: A fixed 
length of wire rope with mechanical fittings at both ends for pinning 
segments of wire rope together. Bar type: Instead of wire rope, a bar 
is used. Pendants are typically used in a latticed boom crane system to 
easily change the length of the boom suspension system without 
completely changing the rope on the drum when the boom length is 
increased or decreased.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, a body harness and may include a lanyard, deceleration 
device, lifeline, or suitable combination of these.
    Portal crane is a type of crane consisting of a rotating 
upperstructure, hoist machinery, and boom mounted on top of a 
structural gantry which may be fixed in one location or have travel 
capability. The gantry legs or columns usually have portal openings in 
between to allow passage of traffic beneath the gantry.
    Power lines means electric transmission and distribution lines.
    Procedures include, but are not limited to: Instructions, diagrams, 
recommendations, warnings, specifications, protocols and limitations.
    Proximity alarm is a device that provides a warning of proximity to 
a power line and that has been listed, labeled, or accepted by a 
Nationally Recognized Testing Laboratory in accordance with 29 CFR 
1910.7.
    Qualified evaluator (not a third party) means a person employed by 
the signal person's employer who has demonstrated that he/she is 
competent in accurately assessing whether individuals meet the 
Qualification Requirements in this subpart for a signal person.
    Qualified evaluator (third party) means an entity that, due to its 
independence and expertise, has demonstrated that it is competent in 
accurately assessing whether individuals meet the Qualification 
Requirements in this subpart for a signal person.
    Qualified person means a person who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training and experience, successfully demonstrated the 
ability to solve/resolve problems relating to the subject matter, the 
work, or the project.
    Qualified rigger is a rigger who meets the criteria for a qualified 
person.
    Range control limit device is a device that can be set by an 
equipment operator to limit movement of the boom or jib tip to a plane 
or multiple planes.
    Range control warning device is a device that can be set by an 
equipment operator to warn that the boom or jib tip is at a plane or 
multiple planes.
    Rated capacity means the maximum working load permitted by the 
manufacturer under specified working conditions. Such working 
conditions typically include a specific combination of factors such as 
equipment configuration, radii, boom length, and other parameters of 
use.
    Rated capacity indicator: See load moment indicator.
    Rated capacity limiter: See load moment limiter.
    Repetitive pickup points refer to, when operating on a short cycle 
operation, the rope being used on a single layer and being spooled 
repetitively over a short portion of the drum.
    Running wire rope means a wire rope that moves over sheaves or 
drums.
    Runway means a firm, level surface designed, prepared and 
designated as a path of travel for the weight and configuration of the 
crane being used to lift and travel with the crane suspended platform. 
An existing surface may be used as long as it meets these criteria.
    Section means a section of this subpart, unless otherwise 
specified.
    Sideboom crane means a track-type or wheel-type tractor having a 
boom mounted on the side of the tractor, used for lifting, lowering or 
transporting a load suspended on the load hook. The boom or hook can be 
lifted or lowered in a vertical direction only.
    Special hazard warnings means warnings of site-specific hazards 
(for example, proximity of power lines).
    Stability (flotation device) means the tendency of a barge, 
pontoons, vessel or other means of flotation to return to an upright 
position after having been inclined by an external force.
    Standard Method means the protocol in Appendix A of this subpart 
for hand signals.
    Such as means ``such as, but not limited to.''
    Superstructure: See Upperworks.
    Tagline means a rope (usually fiber) attached to a lifted load for 
purposes of controlling load spinning and pendular motions or used to 
stabilize a bucket or magnet during material handling operations.
    Tender means an individual responsible for monitoring and 
communicating with a diver.
    Tilt up or tilt down operation means raising/lowering a load from 
the horizontal to vertical or vertical to horizontal.
    Tower crane is a type of lifting structure which utilizes a 
vertical mast or tower to support a working boom (jib) in an elevated 
position. Loads are suspended from the working boom. While the working 
boom may be of the fixed type (horizontal or angled) or have luffing 
capability, it can always rotate to swing loads, either by rotating on 
the top of the tower (top slewing) or by the rotation of the tower 
(bottom slewing). The tower base may be fixed in one location or 
ballasted and moveable between locations. Mobile cranes that are 
configured with luffing jib and/or tower attachments are not considered 
tower cranes under this section.
    Travel bogie (tower cranes) is an assembly of two or more axles 
arranged to permit vertical wheel displacement and equalize the loading 
on the wheels.
    Trim means angle of inclination about the transverse axis of a 
barge, pontoons, vessel or other means of floatation.
    Two blocking means a condition in which a component that is 
uppermost on the hoist line such as the load block, hook block, 
overhaul ball, or similar component, comes in contact with the boom 
tip, fixed upper block or similar component. This binds the system and 
continued application of power can cause failure of the hoist rope or 
other component.
    Unavailable procedures means procedures that are no longer 
available from the manufacturer, or have never been available, from the 
manufacturer.
    Upperstructure: See Upperworks.

[[Page 48140]]

    Upperworks means the revolving frame of equipment on which the 
operating machinery (and many cases the engine) are mounted along with 
the operator's cab. The counterweight is typically supported on the 
rear of the upperstructure and the boom or other front end attachment 
is mounted on the front.
    Up to means ``up to and including.''
    Wire rope means a flexible rope constructed by laying steel wires 
into various patterns of multi-wired strands around a core system to 
produce a helically wound rope.


Sec.  1926.1402  Ground conditions.

    (a) Definitions.
    (1) ``Ground conditions'' means the ability of the ground to 
support the equipment (including slope, compaction, and firmness).
    (2) ``Supporting materials'' means blocking, mats, cribbing, marsh 
buggies (in marshes/wetlands), or similar supporting materials or 
devices.
    (b) The equipment must not be assembled or used unless ground 
conditions are firm, drained, and graded to a sufficient extent so 
that, in conjunction (if necessary) with the use of supporting 
materials, the equipment manufacturer's specifications for adequate 
support and degree of level of the equipment are met. The requirement 
for the ground to be drained does not apply to marshes/wetlands.
    (c) The controlling entity must:
    (1) Ensure that ground preparations necessary to meet the 
requirements in paragraph (b) of this section are provided.
    (2) Inform the user of the equipment and the operator of the 
location of hazards beneath the equipment set-up area (such as voids, 
tanks, utilities) if those hazards are identified in documents (such as 
site drawings, as-built drawings, and soil analyses) that are in the 
possession of the controlling entity (whether at the site or off-site) 
or the hazards are otherwise known to that controlling entity.
    (d) If there is no controlling entity for the project, the 
requirement in paragraph (c)(1) of this section must be met by the 
employer that has authority at the site to make or arrange for ground 
preparations needed to meet paragraph (b) of this section.
    (e) If the A/D director or the operator determines that ground 
conditions do not meet the requirements in paragraph (b) of this 
section, that person's employer must have a discussion with the 
controlling entity regarding the ground preparations that are needed so 
that, with the use of suitable supporting materials/devices (if 
necessary), the requirements in paragraph (b) of this section can be 
met.
    (f) This section does not apply to cranes designed for use on 
railroad tracks when used on railroad tracks that are part of the 
general railroad system of transportation that is regulated pursuant to 
the Federal Railroad Administration under 49 CFR part 213 and that 
comply with applicable Federal Railroad Administration requirements.


Sec.  1926.1403  Assembly/Disassembly--selection of manufacturer or 
employer procedures.

    When assembling or disassembling equipment (or attachments), the 
employer must comply with all applicable manufacturer prohibitions and 
must comply with either:
    (a) Manufacturer procedures applicable to assembly and disassembly, 
or
    (b) Employer procedures for assembly and disassembly. Employer 
procedures may be used only where the employer can demonstrate that the 
procedures used meet the requirements in Sec.  1926.1406. Note: The 
employer must follow manufacturer procedures when an employer uses 
synthetic slings during assembly or disassembly rigging. (See Sec.  
1926.1404(r).)


Sec.  1926.1404  Assembly/Disassembly--general requirements (applies to 
all assembly and disassembly operations).

    (a) Supervision--competent-qualified person.
    (1) Assembly/disassembly must be directed by a person who meets the 
criteria for both a competent person and a qualified person, or by a 
competent person who is assisted by one or more qualified persons (``A/
D director'').
    (2) Where the assembly/disassembly is being performed by only one 
person, that person must meet the criteria for both a competent person 
and a qualified person. For purposes of this standard, that person is 
considered the A/D director.
    (b) Knowledge of procedures. The A/D director must understand the 
applicable assembly/disassembly procedures.
    (c) Review of procedures. The A/D director must review the 
applicable assembly/disassembly procedures immediately prior to the 
commencement of assembly/disassembly unless the A/D director 
understands the procedures and has applied them to the same type and 
configuration of equipment (including accessories, if any).
    (d) Crew instructions.
    (1) Before commencing assembly/disassembly operations, the A/D 
director must ensure that the crew members understand all of the 
following:
    (i) Their tasks.
    (ii) The hazards associated with their tasks.
    (iii) The hazardous positions/locations that they need to avoid.
    (2) During assembly/disassembly operations, before a crew member 
takes on a different task, or when adding new personnel during the 
operations, the requirements in paragraphs (d)(1)(i) through 
(d)(1)(iii) of this section must be met.
    (e) Protecting assembly/disassembly crew members out of operator 
view.
    (1) Before a crew member goes to a location that is out of view of 
the operator and is either in, on, or under the equipment, or near the 
equipment (or load) where the crew member could be injured by movement 
of the equipment (or load), the crew member must inform the operator 
that he/she is going to that location.
    (2) Where the operator knows that a crew member went to a location 
covered by paragraph (e)(1) of this section, the operator must not move 
any part of the equipment (or load) until the operator is informed in 
accordance with a pre-arranged system of communication that the crew 
member is in a safe position.
    (f) Working under the boom, jib or other components.
    (1) When pins (or similar devices) are being removed, employees 
must not be under the boom, jib, or other components, except where the 
requirements of paragraph (f)(2) of this section are met.
    (2) Exception. Where the employer demonstrates that site 
constraints require one or more employees to be under the boom, jib, or 
other components when pins (or similar devices) are being removed, the 
A/D director must implement procedures that minimize the risk of 
unintended dangerous movement and minimize the duration and extent of 
exposure under the boom. (See Non-mandatory Appendix B of this subpart 
for an example.)
    (g) Capacity limits. During all phases of assembly/disassembly, 
rated capacity limits for loads imposed on the equipment, equipment 
components (including rigging), lifting lugs and equipment accessories, 
must not be exceeded for the equipment being assembled/disassembled.
    (h) Addressing specific hazards. The A/D director supervising the 
assembly/disassembly operation must address the hazards associated with 
the operation, which include:

[[Page 48141]]

    (1) Site and ground bearing conditions. Site and ground conditions 
must be adequate for safe assembly/disassembly operations and to 
support the equipment during assembly/disassembly (see Sec.  1926.1402 
for ground condition requirements).
    (2) Blocking material. The size, amount, condition and method of 
stacking the blocking must be sufficient to sustain the loads and 
maintain stability.
    (3) Proper location of blocking. When used to support lattice booms 
or components, blocking must be appropriately placed to:
    (i) Protect the structural integrity of the equipment, and
    (ii) Prevent dangerous movement and collapse.
    (4) Verifying assist crane loads. When using an assist crane, the 
loads that will be imposed on the assist crane at each phase of 
assembly/disassembly must be verified in accordance with Sec.  
1926.1417(o)(3) before assembly/disassembly begins.
    (5) Boom and jib pick points. The point(s) of attachment of rigging 
to a boom (or boom sections or jib or jib sections) must be suitable 
for preventing structural damage and facilitating safe handling of 
these components.
    (6) Center of gravity.
    (i) The center of gravity of the load must be identified if that is 
necessary for the method used for maintaining stability.
    (ii) Where there is insufficient information to accurately identify 
the center of gravity, measures designed to prevent unintended 
dangerous movement resulting from an inaccurate identification of the 
center of gravity must be used. (See Non-mandatory Appendix B of this 
subpart for an example.)
    (7) Stability upon pin removal. The boom sections, boom suspension 
systems (such as gantry A-frames and jib struts), and components must 
be rigged or supported to maintain stability upon the removal of the 
pins.
    (8) Snagging. Suspension ropes and pendants must not be allowed to 
catch on the boom or jib connection pins or cotter pins (including 
keepers and locking pins).
    (9) Struck by counterweights. The potential for unintended movement 
from inadequately supported counterweights and from hoisting 
counterweights.
    (10) Boom hoist brake failure. Each time reliance is to be placed 
on the boom hoist brake to prevent boom movement during assembly/
disassembly, the brake must be tested prior to such reliance to 
determine if it is sufficient to prevent boom movement. If it is not 
sufficient, a boom hoist pawl, other locking device/back-up braking 
device, or another method of preventing dangerous movement of the boom 
(such as blocking or using an assist crane) from a boom hoist brake 
failure must be used.
    (11) Loss of backward stability. Backward stability before swinging 
the upperworks, travel, and when attaching or removing equipment 
components.
    (12) Wind speed and weather. The effect of wind speed and weather 
on the equipment.
    (i) [Reserved.]
    (j) Cantilevered boom sections. Manufacturer limitations on the 
maximum amount of boom supported only by cantilevering must not be 
exceeded. Where these are unavailable, a registered professional 
engineer familiar with the type of equipment involved must determine in 
writing this limitation, which must not be exceeded.
    (k) Weight of components. The weight of each of the components must 
be readily available.
    (l) [Reserved.]
    (m) Components and configuration.
    (1) The selection of components, and configuration of the 
equipment, that affect the capacity or safe operation of the equipment 
must be in accordance with:
    (i) Manufacturer instructions, prohibitions, limitations, and 
specifications. Where these are unavailable, a registered professional 
engineer familiar with the type of equipment involved must approve, in 
writing, the selection and configuration of components; or
    (ii) Approved modifications that meet the requirements of Sec.  
1926.1434 (Equipment modifications).
    (2) Post-assembly inspection. Upon completion of assembly, the 
equipment must be inspected to ensure compliance with paragraph (m)(1) 
of this section (see Sec.  1926.1412(c) for post-assembly inspection 
requirements).
    (n) [Reserved.]
    (o) Shipping pins. Reusable shipping pins, straps, links, and 
similar equipment must be removed. Once they are removed they must 
either be stowed or otherwise stored so that they do not present a 
falling object hazard.
    (p) Pile driving. Equipment used for pile driving must not have a 
jib attached during pile driving operations.
    (q) Outriggers and Stabilizers. When the load to be handled and the 
operating radius require the use of outriggers or stabilizers, or at 
any time when outriggers or stabilizers are used, all of the following 
requirements must be met (except as otherwise indicated):
    (1) The outriggers or stabilizers must be either fully extended or, 
if manufacturer procedures permit, deployed as specified in the load 
chart.
    (2) The outriggers must be set to remove the equipment weight from 
the wheels, except for locomotive cranes (see paragraph (q)(6) of this 
section for use of outriggers on locomotive cranes). This provision 
does not apply to stabilizers.
    (3) When outrigger floats are used, they must be attached to the 
outriggers. When stabilizer floats are used, they must be attached to 
the stabilizers.
    (4) Each outrigger or stabilizer must be visible to the operator or 
to a signal person during extension and setting.
    (5) Outrigger and stabilizer blocking must:
    (i) Meet the requirements in paragraphs (h)(2) and (h)(3) of this 
section.
    (ii) Be placed only under the outrigger or stabilizer float/pad of 
the jack or, where the outrigger or stabilizer is designed without a 
jack, under the outer bearing surface of the extended outrigger or 
stabilizer beam.
    (6) For locomotive cranes, when using outriggers or stabilizers to 
handle loads, the manufacturer's procedures must be followed. When 
lifting loads without using outriggers or stabilizers, the 
manufacturer's procedures must be met regarding truck wedges or screws.
    (r) Rigging. In addition to following the requirements in 29 CFR 
1926.251 and other requirements in this and other standards applicable 
to rigging, when rigging is used for assembly/disassembly, the employer 
must ensure that:
    (1) The rigging work is done by a qualified rigger.
    (2) Synthetic slings are protected from: Abrasive, sharp or acute 
edges, and configurations that could cause a reduction of the sling's 
rated capacity, such as distortion or localized compression. Note: 
Requirements for the protection of wire rope slings are contained in 29 
CFR 1926.251(c)(9).
    (3) When synthetic slings are used, the synthetic sling 
manufacturer's instructions, limitations, specifications and 
recommendations must be followed.


Sec.  1926.1405  Disassembly--additional requirements for dismantling 
of booms and jibs (applies to both the use of manufacturer procedures 
and employer procedures).

    Dismantling (including dismantling for changing the length of) 
booms and jibs.
    (a) None of the pins in the pendants are to be removed (partly or 
completely) when the pendants are in tension.

[[Page 48142]]

    (b) None of the pins (top or bottom) on boom sections located 
between the pendant attachment points and the crane/derrick body are to 
be removed (partly or completely) when the pendants are in tension.
    (c) None of the pins (top or bottom) on boom sections located 
between the uppermost boom section and the crane/derrick body are to be 
removed (partly or completely) when the boom is being supported by the 
uppermost boom section resting on the ground (or other support).
    (d) None of the top pins on boom sections located on the 
cantilevered portion of the boom being removed (the portion being 
removed ahead of the pendant attachment points) are to be removed 
(partly or completely) until the cantilevered section to be removed is 
fully supported.


Sec.  1926.1406  Assembly/Disassembly--employer procedures--general 
requirements.

    (a) When using employer procedures instead of manufacturer 
procedures for assembly/disassembly, the employer must ensure that the 
procedures:
    (1) Prevent unintended dangerous movement, and prevent collapse, of 
any part of the equipment.
    (2) Provide adequate support and stability of all parts of the 
equipment.
    (3) Position employees involved in the assembly/disassembly 
operation so that their exposure to unintended movement or collapse of 
part or all of the equipment is minimized.
    (b) Qualified person. Employer procedures must be developed by a 
qualified person.


Sec.  1926.1407  Power line safety (up to 350 kV)--assembly and 
disassembly.

    (a) Before assembling or disassembling equipment, the employer must 
determine if any part of the equipment, load line, or load (including 
rigging and lifting accessories) could get, in the direction or area of 
assembly/disassembly, closer than 20 feet to a power line during the 
assembly/disassembly process. If so, the employer must meet the 
requirements in Option (1), Option (2), or Option (3) of this section, 
as follows:
    (1) Option (1)--Deenergize and ground. Confirm from the utility 
owner/operator that the power line has been deenergized and visibly 
grounded at the worksite.
    (2) Option (2)--20 foot clearance. Ensure that no part of the 
equipment, load line or load (including rigging and lifting 
accessories), gets closer than 20 feet to the power line by 
implementing the measures specified in paragraph (b) of this section.
    (3) Option (3)--Table A clearance.
    (i) Determine the line's voltage and the minimum clearance distance 
permitted under Table A (see Sec.  1926.1408).
    (ii) Determine if any part of the equipment, load line, or load 
(including rigging and lifting accessories), could get closer than the 
minimum clearance distance to the power line permitted under Table A 
(see Sec.  1926.1408). If so, then the employer must follow the 
requirements in paragraph (b) of this section to ensure that no part of 
the equipment, load line, or load (including rigging and lifting 
accessories), gets closer to the line than the minimum clearance 
distance.
    (b) Preventing encroachment/electrocution. Where encroachment 
precautions are required under Option (2), or Option (3) of this 
section, all of the following requirements must be met:
    (1) Conduct a planning meeting with the Assembly/Disassembly 
director (A/D director), operator, assembly/disassembly crew and the 
other workers who will be in the assembly/disassembly area to review 
the location of the power line(s) and the steps that will be 
implemented to prevent encroachment/electrocution.
    (2) If tag lines are used, they must be nonconductive.
    (3) At least one of the following additional measures must be in 
place. The measure selected from this list must be effective in 
preventing encroachment.
    The additional measures are:
    (i) Use a dedicated spotter who is in continuous contact with the 
equipment operator. The dedicated spotter must:
    (A) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A clearly visible line painted on the ground; a clearly 
visible line of stanchions; a set of clearly visible line-of-sight 
landmarks (such as a fence post behind the dedicated spotter and a 
building corner ahead of the dedicated spotter).
    (B) Be positioned to effectively gauge the clearance distance.
    (C) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (D) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (ii) A proximity alarm set to give the operator sufficient warning 
to prevent encroachment.
    (iii) A device that automatically warns the operator when to stop 
movement, such as a range control warning device. Such a device must be 
set to give the operator sufficient warning to prevent encroachment.
    (iv) A device that automatically limits range of movement, set to 
prevent encroachment.
    (v) An elevated warning line, barricade, or line of signs, in view 
of the operator, equipped with flags or similar high-visibility 
markings.
    (c) Assembly/disassembly below power lines prohibited. No part of a 
crane/derrick, load line, or load (including rigging and lifting 
accessories), whether partially or fully assembled, is allowed below a 
power line unless the employer has confirmed that the utility owner/
operator has deenergized and (at the worksite) visibly grounded the 
power line.
    (d) Assembly/disassembly inside Table A clearance prohibited. No 
part of a crane/derrick, load line, or load (including rigging and 
lifting accessories), whether partially or fully assembled, is allowed 
closer than the minimum approach distance under Table A (see Sec.  
1926.1408) to a power line unless the employer has confirmed that the 
utility owner/operator has deenergized and (at the worksite) visibly 
grounded the power line.
    (e) Voltage information. Where Option (3) of this section is used, 
the utility owner/operator of the power lines must provide the 
requested voltage information within two working days of the employer's 
request.
    (f) Power lines presumed energized. The employer must assume that 
all power lines are energized unless the utility owner/operator 
confirms that the power line has been and continues to be deenergized 
and visibly grounded at the worksite.
    (g) Posting of electrocution warnings. There must be at least one 
electrocution hazard warning conspicuously posted in the cab so that it 
is in view of the operator and (except for overhead gantry and tower 
cranes) at least two on the outside of the equipment.


Sec.  1926.1408  Power line safety (up to 350 kV)--equipment 
operations.

    (a) Hazard assessments and precautions inside the work zone. Before 
beginning equipment operations, the employer must:
    (1) Identify the work zone by either:
    (i) Demarcating boundaries (such as with flags, or a device such as 
a range limit device or range control warning device) and prohibiting 
the operator from operating the equipment past those boundaries, or
    (ii) Defining the work zone as the area 360 degrees around the 
equipment, up to the equipment's maximum working radius.

[[Page 48143]]

    (2) Determine if any part of the equipment, load line or load 
(including rigging and lifting accessories), if operated up to the 
equipment's maximum working radius in the work zone, could get closer 
than 20 feet to a power line. If so, the employer must meet the 
requirements in Option (1), Option (2), or Option (3) of this section, 
as follows:
    (i) Option (1)--Deenergize and ground. Confirm from the utility 
owner/operator that the power line has been deenergized and visibly 
grounded at the worksite.
    (ii) Option (2)--20 foot clearance. Ensure that no part of the 
equipment, load line, or load (including rigging and lifting 
accessories), gets closer than 20 feet to the power line by 
implementing the measures specified in paragraph (b) of this section.
    (iii) Option (3)--Table A clearance.
    (A) Determine the line's voltage and the minimum approach distance 
permitted under Table A (see Sec.  1926.1408).
    (B) Determine if any part of the equipment, load line or load 
(including rigging and lifting accessories), while operating up to the 
equipment's maximum working radius in the work zone, could get closer 
than the minimum approach distance of the power line permitted under 
Table A (see Sec.  1926.1408). If so, then the employer must follow the 
requirements in paragraph (b) of this section to ensure that no part of 
the equipment, load line, or load (including rigging and lifting 
accessories), gets closer to the line than the minimum approach 
distance.
    (b) Preventing encroachment/electrocution. Where encroachment 
precautions are required under Option (2) or Option (3) of this 
section, all of the following requirements must be met:
    (1) Conduct a planning meeting with the operator and the other 
workers who will be in the area of the equipment or load to review the 
location of the power line(s), and the steps that will be implemented 
to prevent encroachment/electrocution.
    (2) If tag lines are used, they must be non-conductive.
    (3) Erect and maintain an elevated warning line, barricade, or line 
of signs, in view of the operator, equipped with flags or similar high-
visibility markings, at 20 feet from the power line (if using Option 
(2) of this section) or at the minimum approach distance under Table A 
(see Sec.  1926.1408) (if using Option (3) of this section). If the 
operator is unable to see the elevated warning line, a dedicated 
spotter must be used as described in Sec.  1926.1408(b)(4)(ii) in 
addition to implementing one of the measures described in Sec. Sec.  
1926.1408(b)(4)(i), (iii), (iv) and (v).
    (4) Implement at least one of the following measures:
    (i) A proximity alarm set to give the operator sufficient warning 
to prevent encroachment.
    (ii) A dedicated spotter who is in continuous contact with the 
operator. Where this measure is selected, the dedicated spotter must:
    (A) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A clearly visible line painted on the ground; a clearly 
visible line of stanchions; a set of clearly visible line-of-sight 
landmarks (such as a fence post behind the dedicated spotter and a 
building corner ahead of the dedicated spotter).
    (B) Be positioned to effectively gauge the clearance distance.
    (C) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (D) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (iii) A device that automatically warns the operator when to stop 
movement, such as a range control warning device. Such a device must be 
set to give the operator sufficient warning to prevent encroachment.
    (iv) A device that automatically limits range of movement, set to 
prevent encroachment.
    (v) An insulating link/device, as defined in Sec.  1926.1401, 
installed at a point between the end of the load line (or below) and 
the load.
    (5) The requirements of paragraph (b)(4) of this section do not 
apply to work covered by subpart V of this part.
    (c) Voltage information. Where Option (3) of this section is used, 
the utility owner/operator of the power lines must provide the 
requested voltage information within two working days of the employer's 
request.
    (d) Operations below power lines.
    (1) No part of the equipment, load line, or load (including rigging 
and lifting accessories) is allowed below a power line unless the 
employer has confirmed that the utility owner/operator has deenergized 
and (at the worksite) visibly grounded the power line, except where one 
of the exceptions in paragraph (d)(2) of this section applies.
    (2) Exceptions. Paragraph (d)(1) of this section is inapplicable 
where the employer demonstrates that one of the following applies:
    (i) The work is covered by subpart V of this part.
    (ii) For equipment with non-extensible booms: The uppermost part of 
the equipment, with the boom at true vertical, would be more than 20 
feet below the plane of the power line or more than the Table A of this 
section minimum clearance distance below the plane of the power line.
    (iii) For equipment with articulating or extensible booms: The 
uppermost part of the equipment, with the boom in the fully extended 
position, at true vertical, would be more than 20 feet below the plane 
of the power line or more than the Table A of this section minimum 
clearance distance below the plane of the power line.
    (iv) The employer demonstrates that compliance with paragraph 
(d)(1) of this section is infeasible and meets the requirements of 
Sec.  1926.1410.
    (e) Power lines presumed energized. The employer must assume that 
all power lines are energized unless the utility owner/operator 
confirms that the power line has been and continues to be deenergized 
and visibly grounded at the worksite.
    (f) When working near transmitter/communication towers where the 
equipment is close enough for an electrical charge to be induced in the 
equipment or materials being handled, the transmitter must be 
deenergized or the following precautions must be taken:
    (1) The equipment must be provided with an electrical ground.
    (2) If tag lines are used, they must be non-conductive.
    (g) Training.
    (1) The employer must train each operator and crew member assigned 
to work with the equipment on all of the following:
    (i) The procedures to be followed in the event of electrical 
contact with a power line. Such training must include:
    (A) Information regarding the danger of electrocution from the 
operator simultaneously touching the equipment and the ground.
    (B) The importance to the operator's safety of remaining inside the 
cab except where there is an imminent danger of fire, explosion, or 
other emergency that necessitates leaving the cab.
    (C) The safest means of evacuating from equipment that may be 
energized.
    (D) The danger of the potentially energized zone around the 
equipment (step potential).
    (E) The need for crew in the area to avoid approaching or touching 
the equipment and the load.
    (F) Safe clearance distance from power lines.
    (ii) Power lines are presumed to be energized unless the utility 
owner/

[[Page 48144]]

operator confirms that the power line has been and continues to be 
deenergized and visibly grounded at the worksite.
    (iii) Power lines are presumed to be uninsulated unless the utility 
owner/operator or a registered engineer who is a qualified person with 
respect to electrical power transmission and distribution confirms that 
a line is insulated.
    (iv) The limitations of an insulating link/device, proximity alarm, 
and range control (and similar) device, if used.
    (v) The procedures to be followed to properly ground equipment and 
the limitations of grounding.
    (2) Employees working as dedicated spotters must be trained to 
enable them to effectively perform their task, including training on 
the applicable requirements of this section.
    (3) Training under this section must be administered in accordance 
with Sec.  1926.1430(g).
    (h) Devices originally designed by the manufacturer for use as: A 
safety device (see Sec.  1926.1415), operational aid, or a means to 
prevent power line contact or electrocution, when used to comply with 
this section, must meet the manufacturer's procedures for use and 
conditions of use.

                  Table A--Minimum Clearance Distances
------------------------------------------------------------------------
   Voltage  (nominal, kV, alternating       Minimum clearance distance
                current)                              (feet)
------------------------------------------------------------------------
up to 50...............................                 10
over 50 to 200.........................                 15
over 200 to 350........................                 20
over 350 to 500........................                 25
over 500 to 750........................                 35
over 750 to 1,000......................                 45
over 1,000.............................  (as established by the utility
                                          owner/operator or registered
                                          professional engineer who is a
                                          qualified person with respect
                                          to electrical power
                                          transmission and
                                          distribution).
------------------------------------------------------------------------
Note: The value that follows ``to'' is up to and includes that value.
  For example, over 50 to 200 means up to and including 200kV.

Sec.  1926.1409  Power line safety (over 350 kV).

    The requirements of Sec.  1926.1407 and Sec.  1926.1408 apply to 
power lines over 350 kV except:
    (a) For power lines at or below 1000 kV, wherever the distance ``20 
feet'' is specified, the distance ``50 feet'' must be substituted; and
    (b) For power lines over 1000 kV, the minimum clearance distance 
must be established by the utility owner/operator or registered 
professional engineer who is a qualified person with respect to 
electrical power transmission and distribution.


Sec.  1926.1410  Power line safety (all voltages)--equipment operations 
closer than the Table A zone.

    Equipment operations in which any part of the equipment, load line, 
or load (including rigging and lifting accessories) is closer than the 
minimum approach distance under Table A of Sec.  1926.1408 to an 
energized power line is prohibited, except where the employer 
demonstrates that all of the following requirements are met:
    (a) The employer determines that it is infeasible to do the work 
without breaching the minimum approach distance under Table A of Sec.  
1926.1408.
    (b) The employer determines that, after consultation with the 
utility owner/operator, it is infeasible to deenergize and ground the 
power line or relocate the power line.
    (c) Minimum clearance distance.
    (1) The power line owner/operator or registered professional 
engineer who is a qualified person with respect to electrical power 
transmission and distribution determines the minimum clearance distance 
that must be maintained to prevent electrical contact in light of the 
on-site conditions. The factors that must be considered in making this 
determination include, but are not limited to: Conditions affecting 
atmospheric conductivity; time necessary to bring the equipment, load 
line, and load (including rigging and lifting accessories) to a 
complete stop; wind conditions; degree of sway in the power line; 
lighting conditions, and other conditions affecting the ability to 
prevent electrical contact.
    (2) Paragraph (c)(1) of this section does not apply to work covered 
by subpart V of this part; instead, for such work, the minimum 
clearance distances specified in Sec.  1926.950 Table V-1 apply. 
Employers engaged in subpart V work are permitted to work closer than 
the distances in Sec.  1926.950 Table V-1 where both the requirements 
of this section and Sec.  1926.952(c)(3)(i) or (ii) are met.
    (d) A planning meeting with the employer and utility owner/operator 
(or registered professional engineer who is a qualified person with 
respect to electrical power transmission and distribution) is held to 
determine the procedures that will be followed to prevent electrical 
contact and electrocution. At a minimum these procedures must include:
    (1) If the power line is equipped with a device that automatically 
reenergizes the circuit in the event of a power line contact, before 
the work begins, the automatic reclosing feature of the circuit 
interrupting device must be made inoperative if the design of the 
device permits.
    (2) A dedicated spotter who is in continuous contact with the 
operator. The dedicated spotter must:
    (i) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A line painted on the ground; a clearly visible line of 
stanchions; a set of clearly visible line-of-sight landmarks (such as a 
fence post behind the dedicated spotter and a building corner ahead of 
the dedicated spotter).
    (ii) Be positioned to effectively gauge the clearance distance.
    (iii) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (iv) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (3) An elevated warning line, or barricade (not attached to the 
crane), in view of the operator (either directly or through video 
equipment), equipped with flags or similar high-visibility markings, to 
prevent electrical contact. However, this provision does not apply to 
work covered by subpart V of this part.
    (4) Insulating link/device.
    (i) An insulating link/device installed at a point between the end 
of the load line (or below) and the load.
    (ii) For work covered by subpart V of this part, the requirement in 
paragraph

[[Page 48145]]

(d)(4)(i) of this section applies only when working inside the Sec.  
1926.950 Table V-1 clearance distances.
    (iii) For work covered by subpart V of this part involving 
operations where use of an insulating link/device is infeasible, the 
requirements of Sec.  1910.269(p)(4)(iii)(B) or (C) may be substituted 
for the requirement in (d)(4)(i) of this section.
    (iv) Until November 8, 2011, the following procedure may be 
substituted for the requirement in paragraph (d)(4)(i) of this section: 
All employees, excluding equipment operators located on the equipment, 
who may come in contact with the equipment, the load line, or the load 
must be insulated or guarded from the equipment, the load line, and the 
load. Insulating gloves rated for the voltage involved are adequate 
insulation for the purposes of this paragraph.
    (v) Until November 8, 2013, the following procedure may be 
substituted for the requirement in (d)(4)(i) of this section:
    (A) The employer must use a link/device manufactured on or before 
November 8, 2011, that meets the definition of an insulating link/
device, except that it has not been approved by a Nationally Recognized 
Testing Laboratory, and that is maintained and used in accordance with 
manufacturer requirements and recommendations, and is installed at a 
point between the end of the load line (or below) and the load; and
    (B) All employees, excluding equipment operators located on the 
equipment, who may come in contact with the equipment, the load line, 
or the load must be insulated or guarded from the equipment, the load 
line, and the load through an additional means other than the device 
described in paragraph (d)(4)(v)(A) of this section. Insulating gloves 
rated for the voltage involved are adequate additional means of 
protection for the purposes of this paragraph.
    (5) Nonconductive rigging if the rigging may be within the Table A 
of Sec.  1926.1408 distance during the operation.
    (6) If the equipment is equipped with a device that automatically 
limits range of movement, it must be used and set to prevent any part 
of the equipment, load line, or load (including rigging and lifting 
accessories) from breaching the minimum approach distance established 
under paragraph (c) of this section.
    (7) If a tag line is used, it must be of the nonconductive type.
    (8) Barricades forming a perimeter at least 10 feet away from the 
equipment to prevent unauthorized personnel from entering the work 
area. In areas where obstacles prevent the barricade from being at 
least 10 feet away, the barricade must be as far from the equipment as 
feasible.
    (9) Workers other than the operator must be prohibited from 
touching the load line above the insulating link/device and crane. 
Operators remotely operating the equipment from the ground must use 
either wireless controls that isolate the operator from the equipment 
or insulating mats that insulate the operator from the ground.
    (10) Only personnel essential to the operation are permitted to be 
in the area of the crane and load.
    (11) The equipment must be properly grounded.
    (12) Insulating line hose or cover-up must be installed by the 
utility owner/operator except where such devices are unavailable for 
the line voltages involved.
    (e) The procedures developed to comply with paragraph (d) of this 
section are documented and immediately available on-site.
    (f) The equipment user and utility owner/operator (or registered 
professional engineer) meet with the equipment operator and the other 
workers who will be in the area of the equipment or load to review the 
procedures that will be implemented to prevent breaching the minimum 
approach distance established in paragraph (c) of this section and 
prevent electrocution.
    (g) The procedures developed to comply with paragraph (d) of this 
section are implemented.
    (h) The utility owner/operator (or registered professional 
engineer) and all employers of employees involved in the work must 
identify one person who will direct the implementation of the 
procedures. The person identified in accordance with this paragraph 
must direct the implementation of the procedures and must have the 
authority to stop work at any time to ensure safety.
    (i) [Reserved.]
    (j) If a problem occurs implementing the procedures being used to 
comply with paragraph (d) of this section, or indicating that those 
procedures are inadequate to prevent electrocution, the employer must 
safely stop operations and either develop new procedures to comply with 
paragraph (d) of this section or have the utility owner/operator 
deenergize and visibly ground or relocate the power line before 
resuming work.
    (k) Devices originally designed by the manufacturer for use as a 
safety device (see Sec.  1926.1415), operational aid, or a means to 
prevent power line contact or electrocution, when used to comply with 
this section, must comply with the manufacturer's procedures for use 
and conditions of use.
    (l) [Reserved.]
    (m) The employer must train each operator and crew member assigned 
to work with the equipment in accordance with Sec.  1926.1408(g).


Sec.  1926.1411  Power line safety--while traveling under or near power 
lines with no load.

    (a) This section establishes procedures and criteria that must be 
met for equipment traveling under or near a power line on a 
construction site with no load. Equipment traveling on a construction 
site with a load is governed by Sec. Sec.  1926.1408, 1926.1409 or 
1926.1410, whichever is appropriate, and Sec.  1926.1417(u).
    (b) The employer must ensure that:
    (1) The boom/mast and boom/mast support system are lowered 
sufficiently to meet the requirements of this paragraph.
    (2) The clearances specified in Table T of this section are 
maintained.
    (3) The effects of speed and terrain on equipment movement 
(including movement of the boom/mast) are considered so that those 
effects do not cause the minimum clearance distances specified in Table 
T of this section to be breached.
    (4) Dedicated spotter. If any part of the equipment while traveling 
will get closer than 20 feet to the power line, the employer must 
ensure that a dedicated spotter who is in continuous contact with the 
driver/operator is used. The dedicated spotter must:
    (i) Be positioned to effectively gauge the clearance distance.
    (ii) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (iii) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (5) Additional precautions for traveling in poor visibility. When 
traveling at night, or in conditions of poor visibility, in addition to 
the measures specified in paragraphs (b)(1) through (4) of this 
section, the employer must ensure that:
    (i) The power lines are illuminated or another means of identifying 
the location of the lines is used.
    (ii) A safe path of travel is identified and used.

[[Page 48146]]



    Table T--Minimum Clearance Distances While Traveling With No Load
------------------------------------------------------------------------
   Voltage  (nominal, kV, alternating        While traveling--minimum
                current)                    clearance distance  (feet)
------------------------------------------------------------------------
up to 0.75.............................                 4
over .75 to 50.........................                 6
over 50 to 345.........................                 10
over 345 to 750........................                 16
Over 750 to 1,000......................                 20
Over 1,000.............................  (as established by the utility
                                          owner/operator or registered
                                          professional engineer who is a
                                          qualified person with respect
                                          to electrical power
                                          transmission and
                                          distribution).
------------------------------------------------------------------------

Sec.  1926.1412  Inspections.

    (a) Modified equipment.
    (1) Equipment that has had modifications or additions which affect 
the safe operation of the equipment (such as modifications or additions 
involving a safety device or operational aid, critical part of a 
control system, power plant, braking system, load-sustaining structural 
components, load hook, or in-use operating mechanism) or capacity must 
be inspected by a qualified person after such modifications/additions 
have been completed, prior to initial use. The inspection must meet all 
of the following requirements:
    (i) The inspection must assure that the modifications or additions 
have been done in accordance with the approval obtained pursuant to 
Sec.  1926.1434 (Equipment modifications).
    (ii) The inspection must include functional testing of the 
equipment.
    (2) Equipment must not be used until an inspection under this 
paragraph demonstrates that the requirements of paragraph (a)(1)(i) of 
this section have been met.
    (b) Repaired/adjusted equipment.
    (1) Equipment that has had a repair or adjustment that relates to 
safe operation (such as: A repair or adjustment to a safety device or 
operator aid, or to a critical part of a control system, power plant, 
braking system, load-sustaining structural components, load hook, or 
in-use operating mechanism), must be inspected by a qualified person 
after such a repair or adjustment has been completed, prior to initial 
use. The inspection must meet all of the following requirements:
    (i) The qualified person must determine if the repair/adjustment 
meets manufacturer equipment criteria (where applicable and available).
    (ii) Where manufacturer equipment criteria are unavailable or 
inapplicable, the qualified person must:
    (A) Determine if a registered professional engineer (RPE) is needed 
to develop criteria for the repair/adjustment. If an RPE is not needed, 
the employer must ensure that the criteria are developed by the 
qualified person. If an RPE is needed, the employer must ensure that 
they are developed by an RPE.
    (B) Determine if the repair/adjustment meets the criteria developed 
in accordance with paragraph (b)(1)(ii)(A) of this section.
    (iii) The inspection must include functional testing of the 
repaired/adjusted parts and other components that may be affected by 
the repair/adjustment.
    (4) Equipment must not be used until an inspection under this 
paragraph demonstrates that the repair/adjustment meets the 
requirements of paragraph (b)(1)(i) of this section (or, where 
applicable, paragraph (b)(1)(ii) of this section).
    (c) Post-assembly.
    (1) Upon completion of assembly, the equipment must be inspected by 
a qualified person to assure that it is configured in accordance with 
manufacturer equipment criteria.
    (2) Where manufacturer equipment criteria are unavailable, a 
qualified person must:
    (i) Determine if a registered professional engineer (RPE) familiar 
with the type of equipment involved is needed to develop criteria for 
the equipment configuration. If an RPE is not needed, the employer must 
ensure that the criteria are developed by the qualified person. If an 
RPE is needed, the employer must ensure that they are developed by an 
RPE.
    (ii) Determine if the equipment meets the criteria developed in 
accordance with paragraph (c)(2)(i) of this section.
    (3) Equipment must not be used until an inspection under this 
paragraph demonstrates that the equipment is configured in accordance 
with the applicable criteria.
    (d) Each shift.
    (1) A competent person must begin a visual inspection prior to each 
shift the equipment will be used, which must be completed before or 
during that shift. The inspection must consist of observation for 
apparent deficiencies. Taking apart equipment components and booming 
down is not required as part of this inspection unless the results of 
the visual inspection or trial operation indicate that further 
investigation necessitating taking apart equipment components or 
booming down is needed. Determinations made in conducting the 
inspection must be reassessed in light of observations made during 
operation. At a minimum the inspection must include all of the 
following:
    (i) Control mechanisms for maladjustments interfering with proper 
operation.
    (ii) Control and drive mechanisms for apparent excessive wear of 
components and contamination by lubricants, water or other foreign 
matter.
    (iii) Air, hydraulic, and other pressurized lines for deterioration 
or leakage, particularly those which flex in normal operation.
    (iv) Hydraulic system for proper fluid level.
    (v) Hooks and latches for deformation, cracks, excessive wear, or 
damage such as from chemicals or heat.
    (vi) Wire rope reeving for compliance with the manufacturer's 
specifications.
    (vii) Wire rope, in accordance with Sec.  1926.1413(a).
    (viii) Electrical apparatus for malfunctioning, signs of apparent 
excessive deterioration, dirt or moisture accumulation.
    (ix) Tires (when in use) for proper inflation and condition.
    (x) Ground conditions around the equipment for proper support, 
including ground settling under and around outriggers/stabilizers and 
supporting foundations, ground water accumulation, or similar 
conditions. This paragraph does not apply to the inspection of ground 
conditions for railroad tracks and their underlying support when the 
railroad tracks are part of the general railroad system of 
transportation that is regulated pursuant to the Federal Railroad 
Administration under 49 CFR part 213.
    (xi) The equipment for level position within the tolerances 
specified by the

[[Page 48147]]

equipment manufacturer's recommendations, both before each shift and 
after each move and setup.
    (xii) Operator cab windows for significant cracks, breaks, or other 
deficiencies that would hamper the operator's view.
    (xiii) Rails, rail stops, rail clamps and supporting surfaces when 
the equipment has rail traveling. This paragraph does not apply to the 
inspection of rails, rail stops, rail clamps and supporting surfaces 
when the railroad tracks are part of the general railroad system of 
transportation that is regulated pursuant to the Federal Railroad 
Administration under 49 CFR part 213.
    (xiv) Safety devices and operational aids for proper operation.
    (2) If any deficiency in paragraphs (d)(1)(i) through (xiii) of 
this section (or in additional inspection items required to be checked 
for specific types of equipment in accordance with other sections of 
this standard) is identified, an immediate determination must be made 
by the competent person as to whether the deficiency constitutes a 
safety hazard. If the deficiency is determined to constitute a safety 
hazard, the equipment must be taken out of service until it has been 
corrected. See Sec.  1926.1417.
    (3) If any deficiency in paragraph (d)(1)(xiv) of this section 
(safety devices/operational aids) is identified, the action specified 
in Sec.  1926.1415 and Sec.  1926.1416 must be taken prior to using the 
equipment.
    (e) Monthly.
    (1) Each month the equipment is in service it must be inspected in 
accordance with paragraph (d) of this section (each shift).
    (2) Equipment must not be used until an inspection under this 
paragraph demonstrates that no corrective action under paragraphs 
(d)(2) and (3) of this section is required.
    (3) Documentation.
    (i) The following information must be documented and maintained by 
the employer that conducts the inspection:
    (A) The items checked and the results of the inspection.
    (B) The name and signature of the person who conducted the 
inspection and the date.
    (ii) This document must be retained for a minimum of three months.
    (f) Annual/comprehensive.
    (1) At least every 12 months the equipment must be inspected by a 
qualified person in accordance with paragraph (d) of this section (each 
shift) except that the corrective action set forth in paragraphs 
(f)(4), (f)(5), and (f)(6) of this section must apply in place of the 
corrective action required by paragraphs (d)(2) and (d)(3) of this 
section.
    (2) In addition, at least every 12 months, the equipment must be 
inspected by a qualified person. Disassembly is required, as necessary, 
to complete the inspection. The equipment must be inspected for all of 
the following:
    (i) Equipment structure (including the boom and, if equipped, the 
jib):
    (A) Structural members: Deformed, cracked, or significantly 
corroded.
    (B) Bolts, rivets and other fasteners: loose, failed or 
significantly corroded.
    (C) Welds for cracks.
    (ii) Sheaves and drums for cracks or significant wear.
    (iii) Parts such as pins, bearings, shafts, gears, rollers and 
locking devices for distortion, cracks or significant wear.
    (iv) Brake and clutch system parts, linings, pawls and ratchets for 
excessive wear.
    (v) Safety devices and operational aids for proper operation 
(including significant inaccuracies).
    (vi) Gasoline, diesel, electric, or other power plants for safety-
related problems (such as leaking exhaust and emergency shut-down 
feature) and conditions, and proper operation.
    (vii) Chains and chain drive sprockets for excessive wear of 
sprockets and excessive chain stretch.
    (viii) Travel steering, brakes, and locking devices, for proper 
operation.
    (ix) Tires for damage or excessive wear.
    (x) Hydraulic, pneumatic and other pressurized hoses, fittings and 
tubing, as follows:
    (A) Flexible hose or its junction with the fittings for indications 
of leaks.
    (B) Threaded or clamped joints for leaks.
    (C) Outer covering of the hose for blistering, abnormal deformation 
or other signs of failure/impending failure.
    (D) Outer surface of a hose, rigid tube, or fitting for indications 
of excessive abrasion or scrubbing.
    (xi) Hydraulic and pneumatic pumps and motors, as follows:
    (A) Performance indicators: Unusual noises or vibration, low 
operating speed, excessive heating of the fluid, low pressure.
    (B) Loose bolts or fasteners.
    (C) Shaft seals and joints between pump sections for leaks.
    (xii) Hydraulic and pneumatic valves, as follows:
    (A) Spools: Sticking, improper return to neutral, and leaks.
    (B) Leaks.
    (C) Valve housing cracks.
    (D) Relief valves: Failure to reach correct pressure (if there is a 
manufacturer procedure for checking pressure, it must be followed).
    (xiii) Hydraulic and pneumatic cylinders, as follows:
    (A) Drifting caused by fluid leaking across the piston.
    (B) Rod seals and welded joints for leaks.
    (C) Cylinder rods for scores, nicks, or dents.
    (D) Case (barrel) for significant dents.
    (E) Rod eyes and connecting joints: Loose or deformed.
    (xiv) Outrigger or stabilizer pads/floats for excessive wear or 
cracks.
    (xv) Slider pads for excessive wear or cracks.
    (xvi) Electrical components and wiring for cracked or split 
insulation and loose or corroded terminations.
    (xvii) Warning labels and decals originally supplied with the 
equipment by the manufacturer or otherwise required under this 
standard: Missing or unreadable.
    (xviii) Originally equipped operator seat (or equivalent): Missing.
    (xix) Operator seat: Unserviceable.
    (xx) Originally equipped steps, ladders, handrails, guards: 
Missing.
    (xxi) Steps, ladders, handrails, guards: In unusable/unsafe 
condition.
    (3) This inspection must include functional testing to determine 
that the equipment as configured in the inspection is functioning 
properly.
    (4) If any deficiency is identified, an immediate determination 
must be made by the qualified person as to whether the deficiency 
constitutes a safety hazard or, though not yet a safety hazard, needs 
to be monitored in the monthly inspections.
    (5) If the qualified person determines that a deficiency is a 
safety hazard, the equipment must be taken out of service until it has 
been corrected, except when temporary alternative measures are 
implemented as specified in Sec.  1926.1416(d) or Sec.  1926.1435(e). 
See Sec.  1926.1417.
    (6) If the qualified person determines that, though not presently a 
safety hazard, the deficiency needs to be monitored, the employer must 
ensure that the deficiency is checked in the monthly inspections.
    (7) Documentation of annual/comprehensive inspection. The following 
information must be documented, maintained, and retained for a minimum 
of 12 months, by the employer that conducts the inspection:
    (i) The items checked and the results of the inspection.
    (ii) The name and signature of the person who conducted the 
inspection and the date.
    (g) Severe service. Where the severity of use/conditions is such 
that there is a

[[Page 48148]]

reasonable probability of damage or excessive wear (such as loading 
that may have exceeded rated capacity, shock loading that may have 
exceeded rated capacity, prolonged exposure to a corrosive atmosphere), 
the employer must stop using the equipment and a qualified person must:
    (1) Inspect the equipment for structural damage to determine if the 
equipment can continue to be used safely.
    (2) In light of the use/conditions determine whether any items/
conditions listed in paragraph (f) of this section need to be 
inspected; if so, the qualified person must inspect those items/
conditions.
    (3) If a deficiency is found, the employer must follow the 
requirements in paragraphs (f)(4) through (6) of this section.
    (h) Equipment not in regular use. Equipment that has been idle for 
3 months or more must be inspected by a qualified person in accordance 
with the requirements of paragraph (e) (Monthly) of this section before 
initial use.
    (i) [Reserved.]
    (j) Any part of a manufacturer's procedures regarding inspections 
that relate to safe operation (such as to a safety device or 
operational aid, critical part of a control system, power plant, 
braking system, load-sustaining structural components, load hook, or 
in-use operating mechanism) that is more comprehensive or has a more 
frequent schedule of inspection than the requirements of this section 
must be followed.
    (k) All documents produced under this section must be available, 
during the applicable document retention period, to all persons who 
conduct inspections under this section.


Sec.  1926.1413  Wire rope--inspection.

    (a) Shift inspection.
    (1) A competent person must begin a visual inspection prior to each 
shift the equipment is used, which must be completed before or during 
that shift. The inspection must consist of observation of wire ropes 
(running and standing) that are likely to be in use during the shift 
for apparent deficiencies, including those listed in paragraph (a)(2) 
of this section. Untwisting (opening) of wire rope or booming down is 
not required as part of this inspection.
    (2) Apparent deficiencies.
    (i) Category I. Apparent deficiencies in this category include the 
following:
    (A) Significant distortion of the wire rope structure such as 
kinking, crushing, unstranding, birdcaging, signs of core failure or 
steel core protrusion between the outer strands.
    (B) Significant corrosion.
    (C) Electric arc damage (from a source other than power lines) or 
heat damage.
    (D) Improperly applied end connections.
    (E) Significantly corroded, cracked, bent, or worn end connections 
(such as from severe service).
    (ii) Category II. Apparent deficiencies in this category are:
    (A) Visible broken wires, as follows:
    (1) In running wire ropes: Six randomly distributed broken wires in 
one rope lay or three broken wires in one strand in one rope lay, where 
a rope lay is the length along the rope in which one strand makes a 
complete revolution around the rope.
    (2) In rotation resistant ropes: Two randomly distributed broken 
wires in six rope diameters or four randomly distributed broken wires 
in 30 rope diameters.
    (3) In pendants or standing wire ropes: More than two broken wires 
in one rope lay located in rope beyond end connections and/or more than 
one broken wire in a rope lay located at an end connection.
    (B) A diameter reduction of more than 5% from nominal diameter.
    (iii) Category III. Apparent deficiencies in this category include 
the following:
    (A) In rotation resistant wire rope, core protrusion or other 
distortion indicating core failure.
    (B) Prior electrical contact with a power line.
    (C) A broken strand.
    (3) Critical review items. The competent person must give 
particular attention to all of the following:
    (i) Rotation resistant wire rope in use.
    (ii) Wire rope being used for boom hoists and luffing hoists, 
particularly at reverse bends.
    (iii) Wire rope at flange points, crossover points and repetitive 
pickup points on drums.
    (iv) Wire rope at or near terminal ends.
    (v) Wire rope in contact with saddles, equalizer sheaves or other 
sheaves where rope travel is limited.
    (4) Removal from service.
    (i) If a deficiency in Category I (see paragraph (a)(2)(i) of this 
section) is identified, an immediate determination must be made by the 
competent person as to whether the deficiency constitutes a safety 
hazard. If the deficiency is determined to constitute a safety hazard, 
operations involving use of the wire rope in question must be 
prohibited until:
    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (ii) If a deficiency in Category II (see paragraph (a)(2)(ii) of 
this section) is identified, operations involving use of the wire rope 
in question must be prohibited until:
    (A) The employer complies with the wire rope manufacturer's 
established criterion for removal from service or a different criterion 
that the wire rope manufacturer has approved in writing for that 
specific wire rope (see Sec.  1926.1417),
    (B) The wire rope is replaced (see Sec.  1926.1417), or
    (C) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (iii) If a deficiency in Category III is identified, operations 
involving use of the wire rope in question must be prohibited until:
    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency (other than power line contact) is localized, 
the problem is corrected by severing the wire rope in two; the 
undamaged portion may continue to be used. Joining lengths of wire rope 
by splicing is prohibited. Repair of wire rope that contacted an 
energized power line is also prohibited. If a rope is shortened under 
this paragraph, the employer must ensure that the drum will still have 
two wraps of wire when the load and/or boom is in its lowest position.
    (iv) Where a wire rope is required to be removed from service under 
this section, either the equipment (as a whole) or the hoist with that 
wire rope must be tagged-out, in accordance with Sec.  1926.1417(f)(1), 
until the wire rope is repaired or replaced.
    (b) Monthly inspection.
    (1) Each month an inspection must be conducted in accordance with 
paragraph (a) (shift inspection) of this section.
    (2) The inspection must include any deficiencies that the qualified 
person who conducts the annual inspection

[[Page 48149]]

determines under paragraph (c)(3)(ii) of this section must be 
monitored.
    (3) Wire ropes on equipment must not be used until an inspection 
under this paragraph demonstrates that no corrective action under 
paragraph (a)(4) of this section is required.
    (4) The inspection must be documented according to Sec.  
1926.1412(e)(3) (monthly inspection documentation).
    (c) Annual/comprehensive.
    (1) At least every 12 months, wire ropes in use on equipment must 
be inspected by a qualified person in accordance with paragraph (a) of 
this section (shift inspection).
    (2) In addition, at least every 12 months, the wire ropes in use on 
equipment must be inspected by a qualified person, as follows:
    (i) The inspection must be for deficiencies of the types listed in 
paragraph (a)(2) of this section.
    (ii) The inspection must be complete and thorough, covering the 
surface of the entire length of the wire ropes, with particular 
attention given to all of the following:
    (A) Critical review items listed in paragraph (a)(3) of this 
section.
    (B) Those sections that are normally hidden during shift and 
monthly inspections.
    (C) Wire rope subject to reverse bends.
    (D) Wire rope passing over sheaves.
    (iii) Exception: In the event an inspection under paragraph (c)(2) 
of this section is not feasible due to existing set-up and 
configuration of the equipment (such as where an assist crane is 
needed) or due to site conditions (such as a dense urban setting), such 
inspections must be conducted as soon as it becomes feasible, but no 
longer than an additional 6 months for running ropes and, for standing 
ropes, at the time of disassembly.
    (3) If a deficiency is identified, an immediate determination must 
be made by the qualified person as to whether the deficiency 
constitutes a safety hazard.
    (i) If the deficiency is determined to constitute a safety hazard, 
operations involving use of the wire rope in question must be 
prohibited until:
    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (ii) If the qualified person determines that, though not presently 
a safety hazard, the deficiency needs to be monitored, the employer 
must ensure that the deficiency is checked in the monthly inspections.
    (4) The inspection must be documented according to Sec.  
1926.1412(f)(7) (annual/comprehensive inspection documentation).
    (d) Rope lubricants that are of the type that hinder inspection 
must not be used.
    (e) All documents produced under this section must be available, 
during the applicable document retention period, to all persons who 
conduct inspections under this section.


Sec.  1926.1414  Wire rope--selection and installation criteria.

    (a) Original equipment wire rope and replacement wire rope must be 
selected and installed in accordance with the requirements of this 
section. Selection of replacement wire rope must be in accordance with 
the recommendations of the wire rope manufacturer, the equipment 
manufacturer, or a qualified person.
    (b) Wire rope design criteria: Wire rope (other than rotation 
resistant rope) must comply with either Option (1) or Option (2) of 
this section, as follows:
    (1) Option (1). Wire rope must comply with section 5-1.7.1 of ASME 
B30.5-2004 (incorporated by reference, see Sec.  1926.6) except that 
section's paragraph (c) must not apply.
    (2) Option (2). Wire rope must be designed to have, in relation to 
the equipment's rated capacity, a sufficient minimum breaking force and 
design factor so that compliance with the applicable inspection 
provisions in Sec.  1926.1413 will be an effective means of preventing 
sudden rope failure.
    (c) Wire rope must be compatible with the safe functioning of the 
equipment.
    (d) Boom hoist reeving.
    (1) Fiber core ropes must not be used for boom hoist reeving, 
except for derricks.
    (2) Rotation resistant ropes must be used for boom hoist reeving 
only where the requirements of paragraph (e)(4)(ii) of this section are 
met.
    (e) Rotation resistant ropes.
    (1) Definitions.
    (i) Type I rotation resistant wire rope (``Type I''). Type I 
rotation resistant rope is stranded rope constructed to have little or 
no tendency to rotate or, if guided, transmits little or no torque. It 
has at least 15 outer strands and comprises an assembly of at least 
three layers of strands laid helically over a center in two operations. 
The direction of lay of the outer strands is opposite to that of the 
underlying layer.
    (ii) Type II rotation resistant wire rope (``Type II''). Type II 
rotation resistant rope is stranded rope constructed to have 
significant resistance to rotation. It has at least 10 outer strands 
and comprises an assembly of two or more layers of strands laid 
helically over a center in two or three operations. The direction of 
lay of the outer strands is opposite to that of the underlying layer.
    (iii) Type III rotation resistant wire rope (``Type III''). Type 
III rotation resistant rope is stranded rope constructed to have 
limited resistance to rotation. It has no more than nine outer strands, 
and comprises an assembly of two layers of strands laid helically over 
a center in two operations. The direction of lay of the outer strands 
is opposite to that of the underlying layer.
    (2) Requirements.
    (i) Types II and III with an operating design factor of less than 5 
must not be used for duty cycle or repetitive lifts.
    (ii) Rotation resistant ropes (including Types I, II and III) must 
have an operating design factor of no less than 3.5.
    (iii) Type I must have an operating design factor of no less than 
5, except where the wire rope manufacturer and the equipment 
manufacturer approves the design factor, in writing.
    (iv) Types II and III must have an operating design factor of no 
less than 5, except where the requirements of paragraph (e)(3) of this 
section are met.
    (3) When Types II and III with an operating design factor of less 
than 5 are used (for non-duty cycle, non-repetitive lifts), the 
following requirements must be met for each lifting operation:
    (i) A qualified person must inspect the rope in accordance with 
Sec.  1926.1413(a). The rope must be used only if the qualified person 
determines that there are no deficiencies constituting a hazard. In 
making this determination, more than one broken wire in any one rope 
lay must be considered a hazard.
    (ii) Operations must be conducted in such a manner and at such 
speeds as to minimize dynamic effects.
    (iii) Each lift made under Sec.  1926.1414(e)(3) must be recorded 
in the monthly and annual inspection documents. Such prior uses must be 
considered by the qualified person in determining whether to use the 
rope again.
    (4) Additional requirements for rotation resistant ropes for boom 
hoist reeving.
    (i) Rotation resistant ropes must not be used for boom hoist 
reeving, except where the requirements of paragraph (e)(4)(ii) of this 
section are met.

[[Page 48150]]

    (ii) Rotation resistant ropes may be used as boom hoist reeving 
when load hoists are used as boom hoists for attachments such as 
luffing attachments or boom and mast attachment systems. Under these 
conditions, all of the following requirements must be met:
    (A) The drum must provide a first layer rope pitch diameter of not 
less than 18 times the nominal diameter of the rope used.
    (B) The requirements in Sec.  1926.1426(a) (irrespective of the 
date of manufacture of the equipment), and Sec.  1926.1426(b).
    (C) The requirements in ASME B30.5-2004 sections 5-1.3.2(a), (a)(2) 
through (a)(4), (b) and (d) (incorporated by reference, see Sec.  
1926.6) except that the minimum pitch diameter for sheaves used in 
multiple rope reeving is 18 times the nominal diameter of the rope used 
(instead of the value of 16 specified in section 5-1.3.2(d)).
    (D) All sheaves used in the boom hoist reeving system must have a 
rope pitch diameter of not less than 18 times the nominal diameter of 
the rope used.
    (E) The operating design factor for the boom hoist reeving system 
must be not less than five.
    (F) The operating design factor for these ropes must be the total 
minimum breaking force of all parts of rope in the system divided by 
the load imposed on the rope system when supporting the static weights 
of the structure and the load within the equipment's rated capacity.
    (G) When provided, a power-controlled lowering system must be 
capable of handling rated capacities and speeds as specified by the 
manufacturer.
    (f) Wire rope clips used in conjunction with wedge sockets must be 
attached to the unloaded dead end of the rope only, except that the use 
of devices specifically designed for dead-ending rope in a wedge socket 
is permitted.
    (g) Socketing must be done in the manner specified by the 
manufacturer of the wire rope or fitting.
    (h) Prior to cutting a wire rope, seizings must be placed on each 
side of the point to be cut. The length and number of seizings must be 
in accordance with the wire rope manufacturer's instructions.


Sec.  1926.1415  Safety devices.

    (a) Safety devices. The following safety devices are required on 
all equipment covered by this subpart, unless otherwise specified:
    (1) Crane level indicator.
    (i) The equipment must have a crane level indicator that is either 
built into the equipment or is available on the equipment.
    (ii) If a built-in crane level indicator is not working properly, 
it must be tagged-out or removed. If a removable crane level indicator 
is not working properly, it must be removed.
    (iii) This requirement does not apply to portal cranes, derricks, 
floating cranes/derricks and land cranes/derricks on barges, pontoons, 
vessels or other means of flotation.
    (2) Boom stops, except for derricks and hydraulic booms.
    (3) Jib stops (if a jib is attached), except for derricks.
    (4) Equipment with foot pedal brakes must have locks.
    (5) Hydraulic outrigger jacks and hydraulic stabilizer jacks must 
have an integral holding device/check valve.
    (6) Equipment on rails must have rail clamps and rail stops, except 
for portal cranes.
    (7) Horn
    (i) The equipment must have a horn that is either built into the 
equipment or is on the equipment and immediately available to the 
operator.
    (ii) If a built-in horn is not working properly, it must be tagged-
out or removed. If a removable horn is not working properly, it must be 
removed.
    (b) Proper operation required. Operations must not begin unless all 
of the devices listed in this section are in proper working order. If a 
device stops working properly during operations, the operator must 
safely stop operations. If any of the devices listed in this section 
are not in proper working order, the equipment must be taken out of 
service and operations must not resume until the device is again 
working properly. See Sec.  1926.1417 (Operation). Alternative measures 
are not permitted to be used.


Sec.  1926.1416  Operational aids.

    (a) The devices listed in this section (``listed operational 
aids'') are required on all equipment covered by this subpart, unless 
otherwise specified.
    (1) The requirements in paragraphs (e)(1), (e)(2), and (e)(3) of 
this section do not apply to articulating cranes.
    (2) The requirements in paragraphs (d)(3), (e)(1), and (e)(4) of 
this section apply only to those digger derricks manufactured after 
November 8, 2011.
    (b) Operations must not begin unless the listed operational aids 
are in proper working order, except where an operational aid is being 
repaired the employer uses the specified temporary alternative 
measures. The time periods permitted for repairing defective 
operational aids are specified in paragraphs (d) and (e) of this 
section. More protective alternative measures specified by the crane/
derrick manufacturer, if any, must be followed.
    (c) If a listed operational aid stops working properly during 
operations, the operator must safely stop operations until the 
temporary alternative measures are implemented or the device is again 
working properly. If a replacement part is no longer available, the use 
of a substitute device that performs the same type of function is 
permitted and is not considered a modification under Sec.  1926.1434.
    (d) Category I operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 7 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, the repair must be completed within 7 calendar days of 
receipt of the parts. See Sec.  1926.1417(j) for additional 
requirements.
    (1) Boom hoist limiting device.
    (i) For equipment manufactured after December 16, 1969, a boom 
hoist limiting device is required. Temporary alternative measures (use 
at least one). One or more of the following methods must be used:
    (A) Use a boom angle indicator.
    (B) Clearly mark the boom hoist cable (so that it can easily be 
seen by the operator) at a point that will give the operator sufficient 
time to stop the hoist to keep the boom within the minimum allowable 
radius. In addition, install mirrors or remote video cameras and 
displays if necessary for the operator to see the mark.
    (C) Clearly mark the boom hoist cable (so that it can easily be 
seen by a spotter) at a point that will give the spotter sufficient 
time to signal the operator and have the operator stop the hoist to 
keep the boom within the minimum allowable radius.
    (ii) If the equipment was manufactured on or before December 16, 
1969, and is not equipped with a boom hoist limiting device, at least 
one of the measures in paragraphs (d)(1)(i)(A) through (C) of this 
section must be used.
    (2) Luffing jib limiting device. Equipment with a luffing jib must 
have a luffing jib limiting device. Temporary alternative measures are 
the same as in paragraph (d)(1)(i) of this section, except to limit the 
movement of the luffing jib rather than the boom hoist.
    (3) Anti two-blocking device.
    (i) Telescopic boom cranes manufactured after February 28, 1992, 
must be equipped with a device which automatically prevents damage from 
contact between the load block, overhaul ball, or similar component, 
and the boom tip (or fixed upper block

[[Page 48151]]

or similar component). The device(s) must prevent such damage at all 
points where two-blocking could occur.
    Temporary alternative measures: Clearly mark the cable (so that it 
can easily be seen by the operator) at a point that will give the 
operator sufficient time to stop the hoist to prevent two-blocking, and 
use a spotter when extending the boom.
    (ii) Lattice boom cranes.
    (A) Lattice boom cranes manufactured after Feb 28, 1992, must be 
equipped with a device that either automatically prevents damage and 
load failure from contact between the load block, overhaul ball, or 
similar component, and the boom tip (or fixed upper block or similar 
component), or warns the operator in time for the operator to prevent 
two-blocking. The device must prevent such damage/failure or provide 
adequate warning for all points where two-blocking could occur.
    (B) Lattice boom cranes and derricks manufactured after November 8, 
2011 must be equipped with a device which automatically prevents damage 
and load failure from contact between the load block, overhaul ball, or 
similar component, and the boom tip (or fixed upper block or similar 
component). The device(s) must prevent such damage/failure at all 
points where two-blocking could occur.
    (C) Exception. The requirements in paragraphs (d)(3)(ii)(A) and (B) 
of this section do not apply to such lattice boom equipment when used 
for dragline, clamshell (grapple), magnet, drop ball, container 
handling, concrete bucket, marine operations that do not involve 
hoisting personnel, and pile driving work.
    (D) Temporary alternative measures. Clearly mark the cable (so that 
it can easily be seen by the operator) at a point that will give the 
operator sufficient time to stop the hoist to prevent two-blocking, or 
use a spotter.
    (iii) Articulating cranes manufactured after December 31, 1999, 
that are equipped with a load hoist must be equipped with a device that 
automatically prevents damage from contact between the load block, 
overhaul ball, or similar component, and the boom tip (or fixed upper 
block or similar component). The device must prevent such damage at all 
points where two-blocking could occur. Temporary alternative measures: 
When two-blocking could only occur with movement of the load hoist, 
clearly mark the cable (so that it can easily be seen by the operator) 
at a point that will give the operator sufficient time to stop the 
hoist to prevent two-blocking, or use a spotter. When two-blocking 
could occur without movement of the load hoist, clearly mark the cable 
(so that it can easily be seen by the operator) at a point that will 
give the operator sufficient time to stop the hoist to prevent two-
blocking, and use a spotter when extending the boom.
    (e) Category II operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 30 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, and the part is not received in time to complete the repair 
in 30 calendar days, the repair must be completed within 7 calendar 
days of receipt of the parts. See Sec.  1926.1417(j) for additional 
requirements.
    (1) Boom angle or radius indicator. The equipment must have a boom 
angle or radius indicator readable from the operator's station. 
Temporary alternative measures: Radii or boom angle must be determined 
by measuring the radii or boom angle with a measuring device.
    (2) Jib angle indicator if the equipment has a luffing jib. 
Temporary alternative measures: Radii or jib angle must be determined 
by ascertaining the main boom angle and then measuring the radii or jib 
angle with a measuring device.
    (3) Boom length indicator if the equipment has a telescopic boom, 
except where the rated capacity is independent of the boom length. 
Temporary alternative measures. One or more of the following methods 
must be used:
    (i) Mark the boom with measured marks to calculate boom length,
    (ii) Calculate boom length from boom angle and radius measurements,
    (iii) Measure the boom with a measuring device.
    (4) Load weighing and similar devices.
    (i) Equipment (other than derricks and articulating cranes) 
manufactured after March 29, 2003 with a rated capacity over 6,000 
pounds must have at least one of the following: load weighing device, 
load moment (or rated capacity) indicator, or load moment (or rated 
capacity) limiter. Temporary alternative measures: The weight of the 
load must be determined from a source recognized by the industry (such 
as the load's manufacturer) or by a calculation method recognized by 
the industry (such as calculating a steel beam from measured dimensions 
and a known per foot weight). This information must be provided to the 
operator prior to the lift.
    (ii) Articulating cranes manufactured after November 8, 2011 must 
have at least one of the following: automatic overload prevention 
device, load weighing device, load moment (or rated capacity) 
indicator, or load moment (rated capacity) limiter. Temporary 
alternative measures: The weight of the load must be determined from a 
source recognized by the industry (such as the load's manufacturer) or 
by a calculation method recognized by the industry (such as calculating 
a steel beam from measured dimensions and a known per foot weight). 
This information must be provided to the operator prior to the lift.
    (5) The following devices are required on equipment manufactured 
after November 8, 2011:
    (i) Outrigger/stabilizer position (horizontal beam extension) 
sensor/monitor if the equipment has outriggers or stabilizers. 
Temporary alternative measures: The operator must verify that the 
position of the outriggers or stabilizers is correct (in accordance 
with manufacturer procedures) before beginning operations requiring 
outrigger or stabilizer deployment.
    (ii) Hoist drum rotation indicator if the equipment has a hoist 
drum not visible from the operator's station. Temporary alternative 
measures: Mark the drum to indicate the rotation of the drum. In 
addition, install mirrors or remote video cameras and displays if 
necessary for the operator to see the mark.


Sec.  1926.1417  Operation.

    (a) The employer must comply with all manufacturer procedures 
applicable to the operational functions of equipment, including its use 
with attachments.
    (b) Unavailable operation procedures.
    (1) Where the manufacturer procedures are unavailable, the employer 
must develop and ensure compliance with all procedures necessary for 
the safe operation of the equipment and attachments.
    (2) Procedures for the operational controls must be developed by a 
qualified person.
    (3) Procedures related to the capacity of the equipment must be 
developed and signed by a registered professional engineer familiar 
with the equipment.
    (c) Accessibility of procedures.
    (1) The procedures applicable to the operation of the equipment, 
including rated capacities (load charts), recommended operating speeds, 
special hazard warnings, instructions, and operator's manual, must be 
readily available in the cab at all times for use by the operator.

[[Page 48152]]

    (2) Where rated capacities are available in the cab only in 
electronic form: In the event of a failure which makes the rated 
capacities inaccessible, the operator must immediately cease operations 
or follow safe shut-down procedures until the rated capacities (in 
electronic or other form) are available.
    (d) The operator must not engage in any practice or activity that 
diverts his/her attention while actually engaged in operating the 
equipment, such as the use of cellular phones (other than when used for 
signal communications).
    (e) Leaving the equipment unattended.
    (1) The operator must not leave the controls while the load is 
suspended, except where all of the following are met:
    (i) The operator remains adjacent to the equipment and is not 
engaged in any other duties.
    (ii) The load is to be held suspended for a period of time 
exceeding normal lifting operations.
    (iii) The competent person determines that it is safe to do so and 
implements measures necessary to restrain the boom hoist and 
telescoping, load, swing, and outrigger or stabilizer functions.
    (iv) Barricades or caution lines, and notices, are erected to 
prevent all employees from entering the fall zone. No employees, 
including those listed in Sec. Sec.  1926.1425(b)(1) through (3), Sec.  
1926.1425(d) or Sec.  1926.1425(e), are permitted in the fall zone.
    (2) The provisions in Sec.  1926.1417(e)(1) do not apply to working 
gear (such as slings, spreader bars, ladders, and welding machines) 
where the weight of the working gear is negligible relative to the 
lifting capacity of the equipment as positioned, and the working gear 
is suspended over an area other than an entrance or exit.
    (f) Tag-out.
    (1) Tagging out of service equipment/functions. Where the employer 
has taken the equipment out of service, a tag must be placed in the cab 
stating that the equipment is out of service and is not to be used. 
Where the employer has taken a function(s) out of service, a tag must 
be placed in a conspicuous position stating that the function is out of 
service and is not to be used.
    (2) Response to ``do not operate''/tag-out signs.
    (i) If there is a warning (tag-out or maintenance/do not operate) 
sign on the equipment or starting control, the operator must not 
activate the switch or start the equipment until the sign has been 
removed by a person authorized to remove it, or until the operator has 
verified that:
    (A) No one is servicing, working on, or otherwise in a dangerous 
position on the machine.
    (B) The equipment has been repaired and is working properly.
    (ii) If there is a warning (tag-out or maintenance/do not operate) 
sign on any other switch or control, the operator must not activate 
that switch or control until the sign has been removed by a person 
authorized to remove it, or until the operator has verified that the 
requirements in paragraphs (f)(2)(i)(A) and (B) of this section have 
been met.
    (g) Before starting the engine, the operator must verify that all 
controls are in the proper starting position and that all personnel are 
in the clear.
    (h) Storm warning. When a local storm warning has been issued, the 
competent person must determine whether it is necessary to implement 
manufacturer recommendations for securing the equipment.
    (i) [Reserved.]
    (j) If equipment adjustments or repairs are necessary:
    (1) The operator must, in writing, promptly inform the person 
designated by the employer to receive such information and, where there 
are successive shifts, to the next operator; and
    (2) The employer must notify all affected employees, at the 
beginning of each shift, of the necessary adjustments or repairs and 
all alternative measures.
    (k) Safety devices and operational aids must not be used as a 
substitute for the exercise of professional judgment by the operator.
    (l) [Reserved.]
    (m) If the competent person determines that there is a slack rope 
condition requiring re-spooling of the rope, it must be verified 
(before starting to lift) that the rope is seated on the drum and in 
the sheaves as the slack is removed.
    (n) The competent person must adjust the equipment and/or 
operations to address the effect of wind, ice, and snow on equipment 
stability and rated capacity.
    (o) Compliance with rated capacity.
    (1) The equipment must not be operated in excess of its rated 
capacity.
    (2) The operator must not be required to operate the equipment in a 
manner that would violate paragraph (o)(1) of this section.
    (3) Load weight. The operator must verify that the load is within 
the rated capacity of the equipment by at least one of the following 
methods:
    (i) The weight of the load must be determined from a source 
recognized by the industry (such as the load's manufacturer), or by a 
calculation method recognized by the industry (such as calculating a 
steel beam from measured dimensions and a known per foot weight), or by 
other equally reliable means. In addition, when requested by the 
operator, this information must be provided to the operator prior to 
the lift; or
    (ii) The operator must begin hoisting the load to determine, using 
a load weighing device, load moment indicator, rated capacity 
indicator, or rated capacity limiter, if it exceeds 75 percent of the 
maximum rated capacity at the longest radius that will be used during 
the lift operation. If it does, the operator must not proceed with the 
lift until he/she verifies the weight of the load in accordance with 
paragraph (o)(3)(i) of this section.
    (p) The boom or other parts of the equipment must not contact any 
obstruction.
    (q) The equipment must not be used to drag or pull loads sideways.
    (r) On wheel-mounted equipment, no loads must be lifted over the 
front area, except as permitted by the manufacturer.
    (s) The operator must test the brakes each time a load that is 90% 
or more of the maximum line pull is handled by lifting the load a few 
inches and applying the brakes. In duty cycle and repetitive lifts 
where each lift is 90% or more of the maximum line pull, this 
requirement applies to the first lift but not to successive lifts.
    (t) Neither the load nor the boom must be lowered below the point 
where less than two full wraps of rope remain on their respective 
drums.
    (u) Traveling with a load.
    (1) Traveling with a load is prohibited if the practice is 
prohibited by the manufacturer.
    (2) Where traveling with a load, the employer must ensure that:
    (i) A competent person supervises the operation, determines if it 
is necessary to reduce rated capacity, and makes determinations 
regarding load position, boom location, ground support, travel route, 
overhead obstructions, and speed of movement necessary to ensure 
safety.
    (ii) The determinations of the competent person required in 
paragraph (u)(2)(i) of this section are implemented.
    (iii) For equipment with tires, tire pressure specified by the 
manufacturer is maintained.
    (v) Rotational speed of the equipment must be such that the load 
does not swing out beyond the radius at which it can be controlled.
    (w) A tag or restraint line must be used if necessary to prevent 
rotation of the load that would be hazardous.

[[Page 48153]]

    (x) The brakes must be adjusted in accordance with manufacturer 
procedures to prevent unintended movement.
    (y) The operator must obey a stop (or emergency stop) signal, 
irrespective of who gives it.
    (z) Swinging locomotive cranes. A locomotive crane must not be 
swung into a position where railway cars on an adjacent track could 
strike it, until it is determined that cars are not being moved on the 
adjacent track and that proper flag protection has been established.
    (aa) Counterweight/ballast.
    (1) The following applies to equipment other than tower cranes:
    (i) Equipment must not be operated without the counterweight or 
ballast in place as specified by the manufacturer.
    (ii) The maximum counterweight or ballast specified by the 
manufacturer for the equipment must not be exceeded.
    (2) Counterweight/ballast requirements for tower cranes are 
specified in Sec.  1926.1435(b)(8).


Sec.  1926.1418  Authority to stop operation.

    Whenever there is a concern as to safety, the operator must have 
the authority to stop and refuse to handle loads until a qualified 
person has determined that safety has been assured.


Sec.  1926.1419  Signals--general requirements.

    (a) A signal person must be provided in each of the following 
situations:
    (1) The point of operation, meaning the load travel or the area 
near or at load placement, is not in full view of the operator.
    (2) When the equipment is traveling, the view in the direction of 
travel is obstructed.
    (3) Due to site specific safety concerns, either the operator or 
the person handling the load determines that it is necessary.
    (b) Types of signals. Signals to operators must be by hand, voice, 
audible, or new signals.
    (c) Hand signals.
    (1) When using hand signals, the Standard Method must be used (see 
Appendix A of this subpart). Exception: Where use of the Standard 
Method for hand signals is infeasible, or where an operation or use of 
an attachment is not covered in the Standard Method, non-standard hand 
signals may be used in accordance with paragraph (c)(2) of this 
section.
    (2) Non-standard hand signals. When using non-standard hand 
signals, the signal person, operator, and lift director (where there is 
one) must contact each other prior to the operation and agree on the 
non-standard hand signals that will be used.
    (d) New signals. Signals other than hand, voice, or audible signals 
may be used where the employer demonstrates that:
    (1) The new signals provide at least equally effective 
communication as voice, audible, or Standard Method hand signals, or
    (2) The new signals comply with a national consensus standard that 
provides at least equally effective communication as voice, audible, or 
Standard Method hand signals.
    (e) Suitability. The signals used (hand, voice, audible, or new), 
and means of transmitting the signals to the operator (such as direct 
line of sight, video, radio, etc.), must be appropriate for the site 
conditions.
    (f) During operations requiring signals, the ability to transmit 
signals between the operator and signal person must be maintained. If 
that ability is interrupted at any time, the operator must safely stop 
operations requiring signals until it is reestablished and a proper 
signal is given and understood.
    (g) If the operator becomes aware of a safety problem and needs to 
communicate with the signal person, the operator must safely stop 
operations. Operations must not resume until the operator and signal 
person agree that the problem has been resolved.
    (h) Only one person may give signals to a crane/derrick at a time, 
except in circumstances covered by paragraph (j) of this section.
    (i) [Reserved.]
    (j) Anyone who becomes aware of a safety problem must alert the 
operator or signal person by giving the stop or emergency stop signal. 
(Note: Sec.  1926.1417(y) requires the operator to obey a stop or 
emergency stop signal).
    (k) All directions given to the operator by the signal person must 
be given from the operator's direction perspective.
    (l) [Reserved.]
    (m) Communication with multiple cranes/derricks. Where a signal 
person(s) is in communication with more than one crane/derrick, a 
system must be used for identifying the crane/derrick each signal is 
for, as follows:
    (1) for each signal, prior to giving the function/direction, the 
signal person must identify the crane/derrick the signal is for, or
    (2) must use an equally effective method of identifying which 
crane/derrick the signal is for.


Sec.  1926.1420  Signals--radio, telephone or other electronic 
transmission of signals.

    (a) The device(s) used to transmit signals must be tested on site 
before beginning operations to ensure that the signal transmission is 
effective, clear, and reliable.
    (b) Signal transmission must be through a dedicated channel, 
except:
    (1) Multiple cranes/derricks and one or more signal persons may 
share a dedicated channel for the purpose of coordinating operations.
    (2) Where a crane is being operated on or adjacent to railroad 
tracks, and the actions of the crane operator need to be coordinated 
with the movement of other equipment or trains on the same or adjacent 
tracks.
    (c) The operator's reception of signals must be by a hands-free 
system.


Sec.  1926.1421  Signals--voice signals--additional requirements.

    (a) Prior to beginning operations, the operator, signal person and 
lift director (if there is one), must contact each other and agree on 
the voice signals that will be used. Once the voice signals are agreed 
upon, these workers need not meet again to discuss voice signals unless 
another worker is added or substituted, there is confusion about the 
voice signals, or a voice signal is to be changed.
    (b) Each voice signal must contain the following three elements, 
given in the following order: function (such as hoist, boom, etc.), 
direction; distance and/or speed; function, stop command.
    (c) The operator, signal person and lift director (if there is 
one), must be able to effectively communicate in the language used.


Sec.  1926.1422  Signals--hand signal chart.

    Hand signal charts must be either posted on the equipment or 
conspicuously posted in the vicinity of the hoisting operations.


Sec.  1926.1423  Fall protection.

    (a) Application.
    (1) Paragraphs (b), (c)(3), (e) and (f) of this section apply to 
all equipment covered by this subpart except tower cranes.
    (2) Paragraphs (c)(1), (c)(2), (d), (g), (j) and (k) of this 
section apply to all equipment covered by this subpart.
    (3) Paragraphs (c)(4) and (h) of this section apply only to tower 
cranes.
    (b) Boom walkways.
    (1) Equipment manufactured after November 8, 2011 with lattice 
booms must be equipped with walkways on the boom(s) if the vertical 
profile of the boom (from cord centerline to cord centerline) is 6 or 
more feet.
    (2) Boom walkway criteria.
    (i) The walkways must be at least 12 inches wide.

[[Page 48154]]

    (ii) Guardrails, railings and other permanent fall protection 
attachments along walkways are:
    (A) Not required.
    (B) Prohibited on booms supported by pendant ropes or bars if the 
guardrails/railings/attachments could be snagged by the ropes or bars.
    (C) Prohibited if of the removable type (designed to be installed 
and removed each time the boom is assembled/disassembled).
    (D) Where not prohibited, guardrails or railings may be of any 
height up to, but not more than, 45 inches.
    (c) Steps, handholds, ladders, grabrails, guardrails and railings.
    (1) Section 1926.502(b) does not apply to equipment covered by this 
subpart.
    (2) The employer must maintain in good condition originally-
equipped steps, handholds, ladders and guardrails/railings/grabrails.
    (3) Equipment manufactured after November 8, 2011 must be equipped 
so as to provide safe access and egress between the ground and the 
operator work station(s), including the forward and rear positions, by 
the provision of devices such as steps, handholds, ladders, and 
guardrails/railings/grabrails. These devices must meet the following 
criteria:
    (i) Steps, handholds, ladders and guardrails/railings/grabrails 
must meet the criteria of SAE J185 (May 2003) (incorporated by 
reference, see Sec.  1926.6) or ISO 11660-2:1994(E) (incorporated by 
reference, see Sec.  1926.6) except where infeasible.
    (ii) Walking/stepping surfaces, except for crawler treads, must 
have slip-resistant features/properties (such as diamond plate metal, 
strategically placed grip tape, expanded metal, or slip-resistant 
paint).
    (4) Tower cranes manufactured after November 8, 2011 must be 
equipped so as to provide safe access and egress between the ground and 
the cab, machinery platforms, and tower (mast), by the provision of 
devices such as steps, handholds, ladders, and guardrails/railings/
grabrails. These devices must meet the following criteria:
    (i) Steps, handholds, ladders, and guardrails/railings/grabrails 
must meet the criteria of ISO 11660-1:2008(E) (incorporated by 
reference, see Sec.  1926.6) and ISO 11660-3:2008(E) (incorporated by 
reference, see Sec.  1926.6) or SAE J185 (May 2003) (incorporated by 
reference, see Sec.  1926.6) except where infeasible.
    (ii) Walking/stepping surfaces must have slip-resistant features/
properties (such as diamond plate metal, strategically placed grip 
tape, expanded metal, or slip-resistant paint).
    (d) Personal fall arrest and fall restraint systems. Personal fall 
arrest system components must be used in personal fall arrest and fall 
restraint systems and must conform to the criteria in Sec.  1926.502(d) 
except that Sec.  1926.502(d)(15) does not apply to components used in 
personal fall arrest and fall restraint systems. Either body belts or 
body harnesses must be used in personal fall arrest and fall restraint 
systems.
    (e) For non-assembly/disassembly work, the employer must provide 
and ensure the use of fall protection equipment for employees who are 
on a walking/working surface with an unprotected side or edge more than 
6 feet above a lower level as follows:
    (1) When moving point-to-point:
    (i) On non-lattice booms (whether horizontal or not horizontal).
    (ii) On lattice booms that are not horizontal.
    (iii) On horizontal lattice booms where the fall distance is 15 
feet or more.
    (2) While at a work station on any part of the equipment (including 
the boom, of any type), except when the employee is at or near draw-
works (when the equipment is running), in the cab, or on the deck.
    (f) For assembly/disassembly work, the employer must provide and 
ensure the use of fall protection equipment for employees who are on a 
walking/working surface with an unprotected side or edge more than 15 
feet above a lower level, except when the employee is at or near draw-
works (when the equipment is running), in the cab, or on the deck.
    (g) Anchorage criteria.
    (1) Sections 1926.502(d)(15) and 1926.502(e)(2) apply to equipment 
covered by this subpart only to the extent delineated in paragraph 
(g)(2) of this section.
    (2) Anchorages for personal fall arrest and positioning device 
systems.
    (i) Personal fall arrest systems must be anchored to any apparently 
substantial part of the equipment unless a competent person, from a 
visual inspection, without an engineering analysis, would conclude that 
the criteria in Sec.  1926.502(d)(15) would not be met.
    (ii) Positioning device systems must be anchored to any apparently 
substantial part of the equipment unless a competent person, from a 
visual inspection, without an engineering analysis, would conclude that 
the criteria in Sec.  1926.502(e)(2) would not be met.
    (iii) Attachable anchor devices (portable anchor devices that are 
attached to the equipment) must meet the anchorage criteria in Sec.  
1926.502(d)(15) for personal fall arrest systems and Sec.  
1926.502(e)(2) for positioning device systems.
    (3) Anchorages for fall restraint systems. Fall restraint systems 
must be anchored to any part of the equipment that is capable of 
withstanding twice the maximum load that an employee may impose on it 
during reasonably anticipated conditions of use.
    (h) Tower cranes.
    (1) For work other than erecting, climbing, and dismantling, the 
employer must provide and ensure the use of fall protection equipment 
for employees who are on a walking/working surface with an unprotected 
side or edge more than 6 feet above a lower level, except when the 
employee is at or near draw-works (when the equipment is running), in 
the cab, or on the deck.
    (2) For erecting, climbing, and dismantling work, the employer must 
provide and ensure the use of fall protection equipment for employees 
who are on a walking/working surface with an unprotected side or edge 
more than 15 feet above a lower level.
    (i) [Reserved.]
    (j) Anchoring to the load line. A personal fall arrest system is 
permitted to be anchored to the crane/derrick's hook (or other part of 
the load line) where all of the following requirements are met:
    (1) A qualified person has determined that the set-up and rated 
capacity of the crane/derrick (including the hook, load line and 
rigging) meets or exceeds the requirements in Sec.  1926.502(d)(15).
    (2) The equipment operator must be at the work site and informed 
that the equipment is being used for this purpose.
    (3) No load is suspended from the load line when the personal fall 
arrest system is anchored to the crane/derrick's hook (or other part of 
the load line).
    (k) Training. The employer must train each employee who may be 
exposed to fall hazards while on, or hoisted by, equipment covered by 
this subpart on all of the following:
    (1) the requirements in this subpart that address fall protection.
    (2) the applicable requirements in Sec. Sec.  1926.500 and 
1926.502.


Sec.  1926.1424  Work area control.

    (a) Swing radius hazards.
    (1) The requirements in paragraph (a)(2) of this section apply 
where there are accessible areas in which the equipment's rotating 
superstructure (whether permanently or temporarily

[[Page 48155]]

mounted) poses a reasonably foreseeable risk of:
    (i) Striking and injuring an employee; or
    (ii) Pinching/crushing an employee against another part of the 
equipment or another object.
    (2) To prevent employees from entering these hazard areas, the 
employer must:
    (i) Train each employee assigned to work on or near the equipment 
(``authorized personnel'') in how to recognize struck-by and pinch/
crush hazard areas posed by the rotating superstructure.
    (ii) Erect and maintain control lines, warning lines, railings or 
similar barriers to mark the boundaries of the hazard areas. Exception: 
When the employer can demonstrate that it is neither feasible to erect 
such barriers on the ground nor on the equipment, the hazard areas must 
be clearly marked by a combination of warning signs (such as ``Danger--
Swing/Crush Zone'') and high visibility markings on the equipment that 
identify the hazard areas. In addition, the employer must train each 
employee to understand what these markings signify.
    (3) Protecting employees in the hazard area.
    (i) Before an employee goes to a location in the hazard area that 
is out of view of the operator, the employee (or someone instructed by 
the employee) must ensure that the operator is informed that he/she is 
going to that location.
    (ii) Where the operator knows that an employee went to a location 
covered by paragraph (a)(1) of this section, the operator must not 
rotate the superstructure until the operator is informed in accordance 
with a pre-arranged system of communication that the employee is in a 
safe position.
    (b) Where any part of a crane/derrick is within the working radius 
of another crane/derrick, the controlling entity must institute a 
system to coordinate operations. If there is no controlling entity, the 
employer (if there is only one employer operating the multiple pieces 
of equipment), or employers, must institute such a system.


Sec.  1926.1425  Keeping clear of the load.

    (a) Where available, hoisting routes that minimize the exposure of 
employees to hoisted loads must be used, to the extent consistent with 
public safety.
    (b) While the operator is not moving a suspended load, no employee 
must be within the fall zone, except for employees:
    (1) Engaged in hooking, unhooking or guiding a load;
    (2) Engaged in the initial attachment of the load to a component or 
structure; or
    (3) Operating a concrete hopper or concrete bucket.
    (c) When employees are engaged in hooking, unhooking, or guiding 
the load, or in the initial connection of a load to a component or 
structure and are within the fall zone, all of the following criteria 
must be met:
    (1) The materials being hoisted must be rigged to prevent 
unintentional displacement.
    (2) Hooks with self-closing latches or their equivalent must be 
used. Exception: ``J'' hooks are permitted to be used for setting 
wooden trusses.
    (3) The materials must be rigged by a qualified rigger.
    (d) Receiving a load. Only employees needed to receive a load are 
permitted to be within the fall zone when a load is being landed.
    (e) During a tilt-up or tilt-down operation:
    (1) No employee must be directly under the load.
    (2) Only employees essential to the operation are permitted in the 
fall zone (but not directly under the load). An employee is essential 
to the operation if the employee is conducting one of the following 
operations and the employer can demonstrate it is infeasible for the 
employee to perform that operation from outside the fall zone: (1) 
Physically guide the load; (2) closely monitor and give instructions 
regarding the load's movement; or (3) either detach it from or 
initially attach it to another component or structure (such as, but not 
limited to, making an initial connection or installing bracing).

    Note:  Boom free fall is prohibited when an employee is in the 
fall zone of the boom or load, and load line free fall is prohibited 
when an employee is directly under the load; see Sec.  1926.1426.

Sec.  1926.1426  Free fall and controlled load lowering.

    (a) Boom free fall prohibitions.
    (1) The use of equipment in which the boom is designed to free fall 
(live boom) is prohibited in each of the following circumstances:
    (i) An employee is in the fall zone of the boom or load.
    (ii) An employee is being hoisted.
    (iii) The load or boom is directly over a power line, or over any 
part of the area extending the Table A of Sec.  1926.1408 clearance 
distance to each side of the power line; or any part of the area 
extending the Table A clearance distance to each side of the power line 
is within the radius of vertical travel of the boom or the load.
    (iv) The load is over a shaft, except where there are no employees 
in the shaft.
    (v) The load is over a cofferdam, except where there are no 
employees in the fall zone of the boom or the load.
    (vi) Lifting operations are taking place in a refinery or tank 
farm.
    (2) The use of equipment in which the boom is designed to free fall 
(live boom) is permitted only where none of the circumstances listed in 
paragraph (a)(1) of this section are present and:
    (i) The equipment was manufactured prior to October 31, 1984; or
    (ii) The equipment is a floating crane/derrick or a land crane/
derrick on a vessel/flotation device.
    (b) Preventing boom free fall. Where the use of equipment with a 
boom that is designed to free fall (live boom) is prohibited, the boom 
hoist must have a secondary mechanism or device designed to prevent the 
boom from falling in the event the primary system used to hold or 
regulate the boom hoist fails, as follows:
    (1) Friction drums must have:
    (i) A friction clutch and, in addition, a braking device, to allow 
for controlled boom lowering.
    (ii) A secondary braking or locking device, which is manually or 
automatically engaged, to back-up the primary brake while the boom is 
held (such as a secondary friction brake or a ratchet and pawl device).
    (2) Hydraulic drums must have an integrally mounted holding device 
or internal static brake to prevent boom hoist movement in the event of 
hydraulic failure.
    (3) Neither clutches nor hydraulic motors must be considered brake 
or locking devices for purposes of this subpart.
    (4) Hydraulic boom cylinders must have an integrally mounted 
holding device.
    (c) Preventing uncontrolled retraction. Hydraulic telescoping booms 
must have an integrally mounted holding device to prevent the boom from 
retracting in the event of hydraulic failure.
    (d) Load line free fall. In each of the following circumstances, 
controlled load lowering is required and free fall of the load line 
hoist is prohibited:
    (1) An employee is directly under the load.
    (2) An employee is being hoisted.
    (3) The load is directly over a power line, or over any part of the 
area extending the Table A of Sec.  1926.1408 clearance distance to 
each side of the power line; or any part of the area extending the 
Table A of Sec.  1926.1408

[[Page 48156]]

clearance distance to each side of the power line is within the radius 
of vertical travel of the load.
    (4) The load is over a shaft.
    (5) The load is over a cofferdam, except where there are no 
employees in the fall zone of the load.


Sec.  1926.1427  Operator qualification and certification.

    (a) The employer must ensure that, prior to operating any equipment 
covered under subpart CC, the person is operating the equipment during 
a training period in accordance with paragraph (f) of this section, or 
the operator is qualified or certified to operate the equipment in 
accordance with the following:
    (1) When a non-military government entity issues operator licenses 
for equipment covered under subpart CC, and that government licensing 
program meets the requirements of paragraphs (e)(2) and (j) of this 
section, the equipment operator must either be:
    (i) Licensed by that government entity for operation of equipment 
within that entity's jurisdiction; or
    (ii) qualified in compliance with paragraph (d) of this section.
    (2) Where paragraph (a)(1) of this section is not applicable, the 
certification or qualification must comply with one of the options in 
paragraphs (b) through (d) of this section.
    (3) Exceptions: Operator qualification or certification under this 
section is not required for operators of derricks (see Sec.  
1926.1436), sideboom cranes (see Sec.  1926.1440), or equipment with a 
maximum manufacturer-rated hoisting/lifting capacity of 2,000 pounds or 
less (see Sec.  1926.1441).
    (4) Whenever operator qualification or certification is required 
under Sec.  1926.1427, the employer must provide the qualification or 
certification at no cost to operators who are employed by the employer 
on November 8, 2010.
    (b) Option (1): Certification by an accredited crane operator 
testing organization.
    (1) For a testing organization to be considered accredited to 
certify operators under this subpart, it must:
    (i) Be accredited by a nationally recognized accrediting agency 
based on that agency's determination that industry recognized criteria 
for written testing materials, practical examinations, test 
administration, grading, facilities/equipment and personnel have been 
met.
    (ii) Administer written and practical tests that:
    (A) Assess the operator applicant regarding, at a minimum, the 
knowledge and skills listed in paragraphs (j)(1) and (2) of this 
section.
    (B) Provide different levels of certification based on equipment 
capacity and type.
    (iii) Have procedures for operators to re-apply and be re-tested in 
the event an operator applicant fails a test or is decertified.
    (iv) Have testing procedures for re-certification designed to 
ensure that the operator continues to meet the technical knowledge and 
skills requirements in paragraphs (j)(1) and (2) of this section.
    (v) Have its accreditation reviewed by the nationally recognized 
accrediting agency at least every three years.
    (2) An operator will be deemed qualified to operate a particular 
piece of equipment if the operator is certified under paragraph (b) of 
this section for that type and capacity of equipment or for higher-
capacity equipment of that type. If no accredited testing agency offers 
certification examinations for a particular type and/or capacity of 
equipment, an operator will be deemed qualified to operate that 
equipment if the operator has been certified for the type/capacity that 
is most similar to that equipment and for which a certification 
examination is available. The operator's certificate must state the 
type/capacity of equipment for which the operator is certified.
    (3) A certification issued under this option is portable and meets 
the requirements of paragraph (a)(2) of this section.
    (4) A certification issued under this paragraph is valid for 5 
years.
    (c) Option (2): Qualification by an audited employer program. The 
employer's qualification of its employee must meet the following 
requirements:
    (1) The written and practical tests must be either:
    (i) Developed by an accredited crane operator testing organization 
(see paragraph (b) of this section); or
    (ii) Approved by an auditor in accordance with the following 
requirements:
    (A) The auditor is certified to evaluate such tests by an 
accredited crane operator testing organization (see paragraph (b) of 
this section).
    (B) The auditor is not an employee of the employer.
    (C) The approval must be based on the auditor's determination that 
the written and practical tests meet nationally recognized test 
development criteria and are valid and reliable in assessing the 
operator applicants regarding, at a minimum, the knowledge and skills 
listed in paragraphs (j)(1) and (2) of this section.
    (D) The audit must be conducted in accordance with nationally 
recognized auditing standards.
    (2) Administration of tests.
    (i) The written and practical tests must be administered under 
circumstances approved by the auditor as meeting nationally recognized 
test administration standards.
    (ii) The auditor must be certified to evaluate the administration 
of the written and practical tests by an accredited crane operator 
testing organization (see paragraph (b) of this section).
    (iii) The auditor must not be an employee of the employer.
    (iv) The audit must be conducted in accordance with nationally 
recognized auditing standards.
    (3) The employer program must be audited within 3 months of the 
beginning of the program and at least every 3 years thereafter.
    (4) The employer program must have testing procedures for re-
qualification designed to ensure that the operator continues to meet 
the technical knowledge and skills requirements in paragraphs (j)(1) 
and (2) of this section. The re-qualification procedures must be 
audited in accordance with paragraphs (c)(1) and (2) of this section.
    (5) Deficiencies. If the auditor determines that there is a 
significant deficiency (``deficiency'') in the program, the employer 
must ensure that:
    (i) No operator is qualified until the auditor confirms that the 
deficiency has been corrected.
    (ii) The program is audited again within 180 days of the 
confirmation that the deficiency was corrected.
    (iii) The auditor files a documented report of the deficiency to 
the appropriate Regional Office of the Occupational Safety and Health 
Administration within 15 days of the auditor's determination that there 
is a deficiency.
    (iv) Records of the audits of the employer's program are maintained 
by the auditor for three years and are made available by the auditor to 
the Secretary of Labor or the Secretary's designated representative 
upon request.
    (6) A qualification under this paragraph is:
    (i) Not portable. Such a qualification meets the requirements of 
paragraph (a) of this section only where the operator is employed by 
(and operating the equipment for) the employer that issued the 
qualification.
    (ii) Valid for 5 years.
    (d) Option (3): Qualification by the U.S. military.
    (1) For purposes of this section, an operator who is an employee of 
the U.S.

[[Page 48157]]

military is considered qualified if he/she has a current operator 
qualification issued by the U.S. military for operation of the 
equipment. An employee of the U.S. military is a Federal employee of 
the Department of Defense or Armed Forces and does not include 
employees of private contractors.
    (2) A qualification under this paragraph is:
    (i) Not portable. Such a qualification meets the requirements of 
paragraph (a) of this section only where the operator is employed by 
(and operating the equipment for) the employer that issued the 
qualification.
    (ii) Valid for the period of time stipulated by the issuing entity.
    (e) Option (4): Licensing by a government entity.
    (1) For purposes of this section, a government licensing 
department/office that issues operator licenses for operating equipment 
covered by this standard is considered a government accredited crane 
operator testing organization if the criteria in paragraph (e)(2) of 
this section are met.
    (2) Licensing criteria.
    (i) The requirements for obtaining the license include an 
assessment, by written and practical tests, of the operator applicant 
regarding, at a minimum, the knowledge and skills listed in paragraphs 
(j)(1) and (2) of this section.
    (ii) The testing meets industry recognized criteria for written 
testing materials, practical examinations, test administration, 
grading, facilities/equipment and personnel.
    (iii) The government authority that oversees the licensing 
department/office, has determined that the requirements in paragraphs 
(e)(2)(i) and (ii) of this section have been met.
    (iv) The licensing department/office has testing procedures for re-
licensing designed to ensure that the operator continues to meet the 
technical knowledge and skills requirements in paragraphs (j)(1) and 
(2) of this section.
    (3) A license issued by a government accredited crane operator 
testing organization that meets the requirements of this option:
    (i) Meets the operator qualification requirements of this section 
for operation of equipment only within the jurisdiction of the 
government entity.
    (ii) Is valid for the period of time stipulated by the licensing 
department/office, but no longer than 5 years.
    (f) Pre-qualification/certification training period. An employee 
who is not qualified or certified under this section is permitted to 
operate equipment only as an operator-in-training and only where the 
requirements of this paragraph are met.
    (1) The employer must provide each operator-in-training with 
sufficient training prior to operating the equipment to enable the 
operator-in-training to operate the equipment safely under limitations 
established by this section (including continuous monitoring) and any 
additional limitations established by the employer.
    (2) The tasks performed by the operator-in-training while operating 
the equipment must be within the operator-in-training's ability.
    (3) Trainer. While operating the equipment, the operator-in-
training must be continuously monitored by an individual (``operator's 
trainer'') who meets all of the following requirements:
    (i) The operator's trainer is an employee or agent of the operator-
in-training's employer.
    (ii) The operator's trainer is either a certified operator under 
this section, or has passed the written portion of a certification test 
under one of the options in paragraphs (b) through (e) of this section, 
and is familiar with the proper use of the equipment's controls.
    (iii) While monitoring the operator-in-training, the operator's 
trainer performs no tasks that detract from the trainer's ability to 
monitor the operator-in-training.
    (iv) For equipment other than tower cranes: The operator's trainer 
and the operator-in-training must be in direct line of sight of each 
other. In addition, they must communicate verbally or by hand signals. 
For tower cranes: The operator's trainer and the operator-in-training 
must be in direct communication with each other.
    (4) Continuous monitoring. The operator-in-training must be 
monitored by the operator's trainer at all times, except for short 
breaks where all of the following are met:
    (i) The break lasts no longer than 15 minutes and there is no more 
than one break per hour.
    (ii) Immediately prior to the break the operator's trainer informs 
the operator-in-training of the specific tasks that the operator-in-
training is to perform and limitations to which he/she must adhere 
during the operator trainer's break.
    (iii) The specific tasks that the operator-in-training will perform 
during the operator trainer's break are within the operator-in-
training's abilities.
    (5) The operator-in-training must not operate the equipment in any 
of the following circumstances unless the exception stated in paragraph 
(f)(5)(v) of this section is applicable:
    (i) If any part of the equipment, load line or load (including 
rigging and lifting accessories), if operated up to the equipment's 
maximum working radius in the work zone (see Sec.  1926.1408(a)(1)), 
could get within 20 feet of a power line that is up to 350 kV, or 
within 50 feet of a power line that is over 350 kV.
    (ii) If the equipment is used to hoist personnel.
    (iii) In multiple-equipment lifts.
    (iv) If the equipment is used over a shaft, cofferdam, or in a tank 
farm.
    (v) In multiple-lift rigging operations, except where the 
operator's trainer determines that the operator-in-training skills are 
sufficient for this high-skill work.
    (g) Under this section, a testing entity is permitted to provide 
training as well as testing services as long as the criteria of the 
applicable accrediting agency (in the option selected) for an 
organization providing both services are met.
    (h) Language and Literacy Requirements.
    (1) Tests under this section may be administered verbally, with 
answers given verbally, where the operator candidate:
    (i) Passes a written demonstration of literacy relevant to the 
work.
    (ii) Demonstrates the ability to use the type of written 
manufacturer procedures applicable to the class/type of equipment for 
which the candidate is seeking certification.
    (2) Tests under this section may be administered in any language 
the operator candidate understands, and the operator's certificate must 
note the language in which the test was given. The operator is 
qualified under paragraph (b)(2) of this section to operate equipment 
that is furnished with materials required by this subpart that are 
written in the language of the certification. The operator may only 
operate equipment furnished with such materials.
    (i) [Reserved.]
    (j) Certification criteria. Qualifications and certifications must 
be based, at a minimum, on the following:
    (1) A determination through a written test that:
    (i) The individual knows the information necessary for safe 
operation of the specific type of equipment the individual will 
operate, including all of the following:
    (A) The controls and operational/performance characteristics.
    (B) Use of, and the ability to calculate (manually or with a 
calculator), load/capacity information on a variety of configurations 
of the equipment.
    (C) Procedures for preventing and responding to power line contact.
    (D) Technical knowledge similar to the subject matter criteria 
listed in

[[Page 48158]]

Appendix C of this subpart applicable to the specific type of equipment 
the individual will operate. Use of the Appendix C criteria meets the 
requirements of this provision.
    (E) Technical knowledge applicable to:
    (1) The suitability of the supporting ground and surface to handle 
expected loads.
    (2) Site hazards.
    (3) Site access.
    (F) This subpart, including applicable incorporated materials.
    (ii) The individual is able to read and locate relevant information 
in the equipment manual and other materials containing information 
referred to in paragraph (j)(1)(i) of this section.
    (2) A determination through a practical test that the individual 
has the skills necessary for safe operation of the equipment, including 
the following:
    (i) Ability to recognize, from visual and auditory observation, the 
items listed in Sec.  1926.1412(d) (shift inspection).
    (ii) Operational and maneuvering skills.
    (iii) Application of load chart information.
    (iv) Application of safe shut-down and securing procedures.
    (k) Phase-in.
    (1) The provisions of this section are applicable November 8, 2010, 
except for paragraphs (a)(2) and (f) which are applicable November 10, 
2014.
    (2) When Sec.  1926.1427(a)(1) is not applicable, all of the 
requirements in paragraphs (k)(2)(i) and (ii) of this section apply 
until November 10, 2014:
    (i) The employer must ensure that operators of equipment covered by 
this standard are competent to operate the equipment safely.
    (ii) Where an employee assigned to operate machinery does not have 
the required knowledge or ability to operate the equipment safely, the 
employer must train that employee prior to operating the equipment. The 
employer must ensure that each operator is evaluated to confirm that 
he/she understands the information provided in the training.


Sec.  1926.1428  Signal person qualifications.

    (a) The employer of the signal person must ensure that each signal 
person meets the Qualification Requirements (paragraph (c) of this 
section) prior to giving any signals. This requirement must be met by 
using either Option (1) or Option (2) of this section.
    (1) Option (1)--Third party qualified evaluator. The signal person 
has documentation from a third party qualified evaluator (see Qualified 
Evaluator (third party), Sec.  1926.1401 for definition) showing that 
the signal person meets the Qualification Requirements (see paragraph 
(c) of this section).
    (2) Option (2)--Employer's qualified evaluator. The employer's 
qualified (see Qualified Evaluator (not a third party), Sec.  1926.1401 
for definition) evaluator assesses the individual and determines that 
the individual meets the Qualification Requirements (see paragraph (c) 
of this section) and provides documentation of that determination. An 
assessment by an employer's qualified evaluator under this option is 
not portable--other employers are not permitted to use it to meet the 
requirements of this section.
    (3) The employer must make the documentation for whichever option 
is used available at the site while the signal person is employed by 
the employer. The documentation must specify each type of signaling 
(e.g. hand signals, radio signals, etc.) for which the signal person 
meets the requirements of paragraph (c) of this section.
    (b) If subsequent actions by the signal person indicate that the 
individual does not meet the Qualification Requirements (see paragraph 
(c) of this section), the employer must not allow the individual to 
continue working as a signal person until re-training is provided and a 
re-assessment is made in accordance with paragraph (a) of this section 
that confirms that the individual meets the Qualification Requirements.
    (c) Qualification Requirements. Each signal person must:
    (1) Know and understand the type of signals used. If hand signals 
are used, the signal person must know and understand the Standard 
Method for hand signals.
    (2) Be competent in the application of the type of signals used.
    (3) Have a basic understanding of equipment operation and 
limitations, including the crane dynamics involved in swinging and 
stopping loads and boom deflection from hoisting loads.
    (4) Know and understand the relevant requirements of Sec.  
1926.1419 through Sec.  1926.1422 and Sec.  1926.1428.
    (5) Demonstrate that he/she meets the requirements in paragraphs 
(c)(1) through (4) of this section through an oral or written test, and 
through a practical test.


Sec.  1926.1429  Qualifications of maintenance & repair employees.

    (a) Maintenance, inspection and repair personnel are permitted to 
operate the equipment only where all of the following requirements are 
met:
    (1) The operation is limited to those functions necessary to 
perform maintenance, inspect the equipment, or verify its performance.
    (2) The personnel either:
    (i) Operate the equipment under the direct supervision of an 
operator who meets the requirements of Sec.  1926.1427 (Operator 
qualification and certification); or
    (ii) Are familiar with the operation, limitations, characteristics 
and hazards associated with the type of equipment.
    (b) Maintenance and repair personnel must meet the definition of a 
qualified person with respect to the equipment and maintenance/repair 
tasks performed.


Sec.  1926.1430  Training.

    The employer must provide training as follows:
    (a) Overhead powerlines. The employer must train each employee 
specified in Sec.  1926.1408(g) and Sec.  1926.1410(m) in the topics 
listed in Sec.  1926.1408(g).
    (b) Signal persons. The employer must train each employee who will 
be assigned to work as a signal persons who does not meet the 
requirements of Sec.  1926.1428(c) in the areas addressed in that 
paragraph.
    (c) Operators.
    (1) Operators-in-Training for equipment where certification or 
qualification is required by this subpart. The employer must train each 
operator-in-training in the areas addressed in Sec.  1926.1427(j). The 
employer must provide re-training if the operator-in-training does not 
pass a qualification or certification test.
    (2) Transitional Period. During the four-year phase-in period for 
operator certification or qualification, as provided in Sec.  
1926.1427(k), employers must train each operator who has not yet been 
certified or qualified in the areas addressed in Sec.  1926.1427(j).
    (3) Operators excepted from the requirements of Sec.  1926.1427. 
The employer must train each operator excepted under Sec.  1926.1427(a) 
from the requirements of Sec.  1926.1427 on the safe operation of the 
equipment the operator will be using.
    (4) The employer must train each operator of the equipment covered 
by this subpart in the following practices:
    (i) On friction equipment, whenever moving a boom off a support, 
first raise the boom a short distance (sufficient to take the load of 
the boom) to determine if the boom hoist brake needs to be adjusted. On 
other types of equipment with a boom, the same practice is applicable, 
except that typically there is no means of adjusting the brake; if the

[[Page 48159]]

brake does not hold, a repair is necessary. See Sec.  1926.1417(f) and 
(j) for additional requirements.
    (ii) Where available, the manufacturer's emergency procedures for 
halting unintended equipment movement.
    (d) Competent persons and qualified persons. The employer must 
train each competent person and each qualified person regarding the 
requirements of this subpart applicable to their respective roles.
    (e) Crush/pinch points. The employer must train each employee who 
works with the equipment to keep clear of holes, and crush/pinch points 
and the hazards addressed in Sec.  1926.1424 (Work area control).
    (f) Tag-out. The employer must train each operator and each 
additional employee authorized to start/energize equipment or operate 
equipment controls (such as maintenance and repair employees), in the 
tag-out and start-up procedures in Sec. Sec.  1926.1417(f) and (g).
    (g) Training administration.
    (1) The employer must evaluate each employee required to be trained 
under this subpart to confirm that the employee understands the 
information provided in the training.
    (2) The employer must provide refresher training in relevant topics 
for each employee when, based on the conduct of the employee or an 
evaluation of the employee's knowledge, there is an indication that 
retraining is necessary.
    (3) Whenever training is required under subpart CC, the employer 
must provide the training at no cost to the employee.


Sec.  1926.1431  Hoisting personnel.

    The requirements of this section are supplemental to the other 
requirements in this subpart and apply when one or more employees are 
hoisted.
    (a) The use of equipment to hoist employees is prohibited except 
where the employer demonstrates that the erection, use, and dismantling 
of conventional means of reaching the work area, such as a personnel 
hoist, ladder, stairway, aerial lift, elevating work platform, or 
scaffold, would be more hazardous, or is not possible because of the 
project's structural design or worksite conditions. This paragraph does 
not apply to work covered by subpart R (Steel Erection) of this part.
    (b) Use of personnel platform.
    (1) When using equipment to hoist employees, the employees must be 
in a personnel platform that meets the requirements of paragraph (e) of 
this section.
    (2) Exceptions: A personnel platform is not required for hoisting 
employees:
    (i) Into and out of drill shafts that are up to and including 8 
feet in diameter (see paragraph (o) of this section for requirements 
for hoisting these employees).
    (ii) In pile driving operations (see paragraph (p) of this section 
for requirements for hoisting these employees).
    (iii) Solely for transfer to or from a marine worksite in a marine-
hoisted personnel transfer device (see paragraph (r) of this section 
for requirements for hoisting these employees).
    (iv) In storage-tank (steel or concrete), shaft and chimney 
operations (see paragraph (s) of this section for requirements for 
hoisting these employees).
    (c) Equipment set-up.
    (1) The equipment must be uniformly level, within one percent of 
level grade, and located on footing that a qualified person has 
determined to be sufficiently firm and stable.
    (2) Equipment with outriggers or stabilizers must have them all 
extended and locked. The amount of extension must be the same for all 
outriggers and stabilizers and in accordance with manufacturer 
procedures and load charts.
    (d) Equipment criteria.
    (1) Capacity: Use of suspended personnel platforms. The total load 
(with the platform loaded, including the hook, load line and rigging) 
must not exceed 50 percent of the rated capacity for the radius and 
configuration of the equipment, except during proof testing.
    (2) Capacity: Use of boom-attached personnel platforms. The total 
weight of the loaded personnel platform must not exceed 50 percent of 
the rated capacity for the radius and configuration of the equipment 
(except during proof testing).
    (3) Capacity: Hoisting personnel without a personnel platform. When 
hoisting personnel without a personnel platform pursuant to paragraph 
(b)(2) of this section, the total load (including the hook, load line, 
rigging and any other equipment that imposes a load) must not exceed 50 
percent of the rated capacity for the radius and configuration of the 
equipment, except during proof testing.
    (4) When the occupied personnel platform is in a stationary working 
position, the load and boom hoist brakes, swing brakes, and operator 
actuated secondary braking and locking features (such as pawls or dogs) 
or automatic secondary brakes must be engaged.
    (5) Devices.
    (i) Equipment (except for derricks and articulating cranes) with a 
variable angle boom must be equipped with all of the following:
    (A) A boom angle indicator, readily visible to the operator, and
    (B) A boom hoist limiting device.
    (ii) Articulating cranes must be equipped with a properly 
functioning automatic overload protection device.
    (iii) Equipment with a luffing jib must be equipped with:
    (A) A jib angle indicator, readily visible to the operator, and.
    (B) A jib hoist limiting device.
    (iv) Equipment with telescoping booms must be equipped with a 
device to indicate the boom's extended length clearly to the operator, 
or must have measuring marks on the boom.
    (v) Anti two-block. A device which automatically prevents damage 
and load failure from contact between the load block, overhaul ball, or 
similar component, and the boom tip (or fixed upper block or similar 
component) must be used. The device(s) must prevent such damage/failure 
at all points where two-blocking could occur. Exception: This device is 
not required when hoisting personnel in pile driving operations. 
Instead, paragraph (p)(2) of this section specifies how to prevent two-
blocking during such operations.
    (vi) Controlled load lowering. The load line hoist drum must have a 
system, other than the load line hoist brake, which regulates the 
lowering rate of speed of the hoist mechanism. This system or device 
must be used when hoisting personnel.

    Note: Free fall of the load line hoist is prohibited (see Sec.  
1926.1426(d); the use of equipment in which the boom hoist mechanism 
can free fall is also prohibited (see Sec.  1926.1426(a)(1).

    (vii) Proper operation required. Personnel hoisting operations must 
not begin unless the devices listed in this section are in proper 
working order. If a device stops working properly during such 
operations, the operator must safely stop operations. Personnel 
hoisting operations must not resume until the device is again working 
properly. Alternative measures are not permitted. (See Sec.  1926.1417 
for tag-out and related requirements.)
    (6) Direct attachment of a personnel platform to a luffing jib is 
prohibited.
    (e) Personnel platform criteria.
    (1) A qualified person familiar with structural design must design 
the personnel platform and attachment/suspension system used for 
hoisting personnel.
    (2) The system used to connect the personnel platform to the 
equipment

[[Page 48160]]

must allow the platform to remain within 10 degrees of level, 
regardless of boom angle.
    (3) The suspension system must be designed to minimize tipping of 
the platform due to movement of employees occupying the platform.
    (4) The personnel platform itself (excluding the guardrail system 
and personal fall arrest system anchorages), must be capable of 
supporting, without failure, its own weight and at least five times the 
maximum intended load.
    (5) All welding of the personnel platform and its components must 
be performed by a certified welder familiar with the weld grades, types 
and material specified in the platform design.
    (6) The personnel platform must be equipped with a guardrail system 
which meets the requirements of subpart M of this part, and must be 
enclosed at least from the toeboard to mid-rail with either solid 
construction material or expanded metal having openings no greater than 
\1/2\ inch (1.27 cm). Points to which personal fall arrest systems are 
attached must meet the anchorage requirements in subpart M of this 
part.
    (7) A grab rail must be installed inside the entire perimeter of 
the personnel platform except for access gates/doors.
    (8) Access gates/doors. If installed, access gates/doors of all 
types (including swinging, sliding, folding, or other types) must:
    (i) Not swing outward. If due to the size of the personnel 
platform, such as a 1-person platform, it is infeasible for the door to 
swing inward and allow safe entry for the platform occupant, then the 
access gate/door may swing outward.
    (ii) Be equipped with a device that prevents accidental opening.
    (9) Headroom must be sufficient to allow employees to stand upright 
in the platform.
    (10) In addition to the use of hard hats, employees must be 
protected by overhead protection on the personnel platform when 
employees are exposed to falling objects. The platform overhead 
protection must not obscure the view of the operator or platform 
occupants (such as wire mesh that has up to \1/2\ inch openings), 
unless full protection is necessary.
    (11) All edges exposed to employee contact must be smooth enough to 
prevent injury.
    (12) The weight of the platform and its rated capacity must be 
conspicuously posted on the platform with a plate or other permanent 
marking.
    (f) Personnel platform loading.
    (1) The personnel platform must not be loaded in excess of its 
rated capacity.
    (2) Use.
    (i) Personnel platforms must be used only for employees, their 
tools, and the materials necessary to do their work. Platforms must not 
be used to hoist materials or tools when not hoisting personnel.
    (ii) Exception: Materials and tools to be used during the lift, if 
secured and distributed in accordance with paragraph (f)(3) of this 
section may be in the platform for trial lifts.
    (3) Materials and tools must be:
    (i) Secured to prevent displacement.
    (ii) Evenly distributed within the confines of the platform while 
it is suspended.
    (4) The number of employees occupying the personnel platform must 
not exceed the maximum number the platform was designed to hold or the 
number required to perform the work, whichever is less.
    (g) Attachment and rigging.
    (1) Hooks and other detachable devices.
    (i) Hooks used in the connection between the hoist line and the 
personnel platform (including hooks on overhaul ball assemblies, lower 
load blocks, bridle legs, or other attachment assemblies or components) 
must be:
    (A) Of a type that can be closed and locked, eliminating the throat 
opening.
    (B) Closed and locked when attached.
    (ii) Shackles used in place of hooks must be of the alloy anchor 
type, with either:
    (A) A bolt, nut and retaining pin, in place; or
    (B) Of the screw type, with the screw pin secured from accidental 
removal.
    (iii) Where other detachable devices are used, they must be of the 
type that can be closed and locked to the same extent as the devices 
addressed in paragraphs (g)(1)(i) and (ii) of this section. Such 
devices must be closed and locked when attached.
    (2) Rope bridle. When a rope bridle is used to suspend the 
personnel platform, each bridle leg must be connected to a master link 
or shackle (see paragraph (g)(1) of this section) in a manner that 
ensures that the load is evenly divided among the bridle legs.
    (3) Rigging hardware (including wire rope, shackles, rings, master 
links, and other rigging hardware) and hooks must be capable of 
supporting, without failure, at least five times the maximum intended 
load applied or transmitted to that component. Where rotation resistant 
rope is used, the slings must be capable of supporting without failure 
at least ten times the maximum intended load.
    (4) Eyes in wire rope slings must be fabricated with thimbles.
    (5) Bridles and associated rigging for suspending the personnel 
platform must be used only for the platform and the necessary 
employees, their tools and materials necessary to do their work. The 
bridles and associated rigging must not have been used for any purpose 
other than hoisting personnel.
    (h) Trial lift and inspection.
    (1) A trial lift with the unoccupied personnel platform loaded at 
least to the anticipated liftweight must be made from ground level, or 
any other location where employees will enter the platform, to each 
location at which the platform is to be hoisted and positioned. Where 
there is more than one location to be reached from a single set-up 
position, either individual trial lifts for each location, or a single 
trial lift, in which the platform is moved sequentially to each 
location, must be performed; the method selected must be the same as 
the method that will be used to hoist the personnel.
    (2) The trial lift must be performed immediately prior to each 
shift in which personnel will be hoisted. In addition, the trial lift 
must be repeated prior to hoisting employees in each of the following 
circumstances:
    (i) The equipment is moved and set up in a new location or returned 
to a previously used location.
    (ii) The lift route is changed, unless the competent person 
determines that the new route presents no new factors affecting safety.
    (3) The competent person must determine that:
    (i) Safety devices and operational aids required by this section 
are activated and functioning properly. Other safety devices and 
operational aids must meet the requirements of Sec.  1926.1415 and 
Sec.  1926.1416.
    (ii) Nothing interferes with the equipment or the personnel 
platform in the course of the trial lift.
    (iii) The lift will not exceed 50 percent of the equipment's rated 
capacity at any time during the lift.
    (iv) The load radius to be used during the lift has been accurately 
determined.
    (4) Immediately after the trial lift, the competent person must:
    (i) Conduct a visual inspection of the equipment, base support or 
ground, and personnel platform, to determine whether the trial lift has 
exposed any defect or problem or produced any adverse effect.
    (ii) Confirm that, upon the completion of the trial lift process, 
the test weight has been removed.
    (5) Immediately prior to each lift:
    (i) The platform must be hoisted a few inches with the personnel 
and materials/tools on board and inspected by a competent person to 
ensure that it is secure and properly balanced.

[[Page 48161]]

    (ii) The following conditions must be determined by a competent 
person to exist before the lift of personnel proceeds:
    (A) Hoist ropes must be free of deficiencies in accordance with 
Sec.  1926.1413(a).
    (B) Multiple part lines must not be twisted around each other.
    (C) The primary attachment must be centered over the platform.
    (D) If the load rope is slack, the hoisting system must be 
inspected to ensure that all ropes are properly seated on drums and in 
sheaves.
    (6) Any condition found during the trial lift and subsequent 
inspection(s) that fails to meet a requirement of this standard or 
otherwise creates a safety hazard must be corrected before hoisting 
personnel. (See Sec.  1926.1417 for tag-out and related requirements.)
    (i) [Reserved.]
    (j) Proof testing.
    (1) At each jobsite, prior to hoisting employees on the personnel 
platform, and after any repair or modification, the platform and 
rigging must be proof tested to 125 percent of the platform's rated 
capacity. The proof test may be done concurrently with the trial lift.
    (2) The platform must be lowered by controlled load lowering, 
braked, and held in a suspended position for a minimum of five minutes 
with the test load evenly distributed on the platform.
    (3) After proof testing, a competent person must inspect the 
platform and rigging to determine if the test has been passed. If any 
deficiencies are found that pose a safety hazard, the platform and 
rigging must not be used to hoist personnel unless the deficiencies are 
corrected, the test is repeated, and a competent person determines that 
the test has been passed. (See Sec.  1926.1417 for tag-out and related 
requirements.)
    (4) Personnel hoisting must not be conducted until the competent 
person determines that the platform and rigging have successfully 
passed the proof test.
    (k) Work practices.
    (1) Hoisting of the personnel platform must be performed in a slow, 
controlled, cautious manner, with no sudden movements of the equipment 
or the platform.
    (2) Platform occupants must:
    (i) Keep all parts of the body inside the platform during raising, 
lowering, and horizontal movement. This provision does not apply to an 
occupant of the platform when necessary to position the platform or 
while performing the duties of a signal person.
    (ii) Not stand, sit on, or work from the top or intermediate rail 
or toeboard, or use any other means/device to raise their working 
height.
    (iii) Not pull the platform out of plumb in relation to the 
hoisting equipment.
    (3) Before employees exit or enter a hoisted personnel platform 
that is not landed, the platform must be secured to the structure where 
the work is to be performed, unless the employer can demonstrate that 
securing to the structure would create a greater hazard.
    (4) If the platform is tied to the structure, the operator must not 
move the platform until the operator receives confirmation that it is 
freely suspended.
    (5) Tag lines must be used when necessary to control the platform.
    (6) Platforms without controls. Where the platform is not equipped 
with controls, the equipment operator must remain at the equipment 
controls, on site, and in view of the equipment, at all times while the 
platform is occupied.
    (7) Platforms with controls. Where the platform is equipped with 
controls, all of the following must be met at all times while the 
platform is occupied:
    (i) The occupant using the controls in the platform must be a 
qualified person with respect to their use, including the safe 
limitations of the equipment and hazards associated with its operation.
    (ii) The equipment operator must be at a set of equipment controls 
that include boom and swing functions of the equipment, and must be on 
site and in view of the equipment.
    (iii) The platform operating manual must be in the platform or on 
the equipment.
    (8) Environmental conditions.
    (i) Wind. When wind speed (sustained or gusts) exceeds 20 mph at 
the personnel platform, a qualified person must determine if, in light 
of the wind conditions, it is not safe to lift personnel. If it is not, 
the lifting operation must not begin (or, if already in progress, must 
be terminated).
    (ii) Other weather and environmental conditions. A qualified person 
must determine if, in light of indications of dangerous weather 
conditions, or other impending or existing danger, it is not safe to 
lift personnel. If it is not, the lifting operation must not begin (or, 
if already in progress, must be terminated).
    (9) Employees being hoisted must remain in direct communication 
with the signal person (where used), or the operator.
    (10) Fall protection.
    (i) Except over water, employees occupying the personnel platform 
must be provided and use a personal fall arrest system. The system must 
be attached to a structural member within the personnel platform. When 
working over or near water, the requirements of Sec.  1926.106 apply.
    (ii) The fall arrest system, including the attachment point 
(anchorage) used to comply with paragraph (i) of this section, must 
meet the requirements in Sec.  1926.502.
    (11) Other load lines.
    (i) No lifts must be made on any other of the equipment's load 
lines while personnel are being hoisted, except in pile driving 
operations.
    (ii) Factory-produced boom-mounted personnel platforms that 
incorporate a winch as original equipment. Loads are permitted to be 
hoisted by such a winch while employees occupy the personnel platform 
only where the load on the winch line does not exceed 500 pounds and 
does not exceed the rated capacity of the winch and platform.
    (12) Traveling--equipment other than derricks.
    (i) Hoisting of employees while the equipment is traveling is 
prohibited, except for:
    (A) Equipment that travels on fixed rails; or
    (B) Where the employer demonstrates that there is no less hazardous 
way to perform the work.
    (C) This exception does not apply to rubber-tired equipment.
    (ii) Where employees are hoisted while the equipment is traveling, 
all of the following criteria must be met:
    (A) Equipment travel must be restricted to a fixed track or runway.
    (B) Where a runway is used, it must be a firm, level surface 
designed, prepared and designated as a path of travel for the weight 
and configuration of the equipment being used to lift and travel with 
the personnel platform. An existing surface may be used as long as it 
meets these criteria.
    (C) Equipment travel must be limited to boom length.
    (D) The boom must be parallel to the direction of travel, except 
where it is safer to do otherwise.
    (E) A complete trial run must be performed to test the route of 
travel before employees are allowed to occupy the platform. This trial 
run can be performed at the same time as the trial lift required by 
paragraph (h) of this section which tests the lift route.
    (13) Traveling--derricks. Derricks are prohibited from traveling 
while personnel are hoisted.
    (l) [Reserved.]
    (m) Pre-lift meeting. A pre-lift meeting must be:
    (1) Held to review the applicable requirements of this section and 
the procedures that will be followed.
    (2) Attended by the equipment operator, signal person (if used for 
the

[[Page 48162]]

lift), employees to be hoisted, and the person responsible for the task 
to be performed.
    (3) Held prior to the trial lift at each new work location, and 
must be repeated for any employees newly assigned to the operation.
    (n) Hoisting personnel near power lines. Hoisting personnel within 
20 feet of a power line that is up to 350 kV, and hoisting personnel 
within 50 feet of a power line that is over 350 kV, is prohibited, 
except for work covered by subpart V of this part (Power Transmission 
and Distribution).
    (o) Hoisting personnel in drill shafts. When hoisting employees 
into and out of drill shafts that are up to and including 8 feet in 
diameter, all of the following requirements must be met:
    (1) The employee must be in either a personnel platform or on a 
boatswain's chair.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``boatswain's chair.''
    (ii) A signal person must be stationed at the shaft opening.
    (iii) The employee must be hoisted in a slow, controlled descent 
and ascent.
    (iv) The employee must use personal fall protection equipment, 
including a full body harness, attached independent of the crane/
derrick.
    (v) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (vi) The boatswain's chair itself (excluding the personal fall 
arrest system anchorages), must be capable of supporting, without 
failure, its own weight and at least five times the maximum intended 
load.
    (vii) No more than one person must be hoisted at a time.
    (p) Hoisting personnel for pile driving operations. When hoisting 
an employee in pile driving operations, the following requirements must 
be met:
    (1) The employee must be in a personnel platform or boatswain's 
chair.
    (2) For lattice boom cranes: Clearly mark the cable (so that it can 
easily be seen by the operator) at a point that will give the operator 
sufficient time to stop the hoist to prevent two-blocking, or use a 
spotter who is in direct communication with the operator to inform the 
operator when this point is reached. For telescopic boom cranes: 
Clearly mark the cable (so that it can be easily seen by the operator) 
at a point that will give the operator sufficient time to stop the 
hoist to prevent two-blocking, and use a spotter who is in direct 
communication with the operator to inform the operator when this point 
is reached.
    (3) If using a personnel platform, paragraphs (b) through (n) of 
this section apply.
    (4) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), 
(m), and (n). Where the terms ``personnel platform'' or ``platform'' 
are used in these paragraphs, substitute them with ``boatswains 
chair.''
    (ii) The employee must be hoisted in a slow, controlled descent and 
ascent.
    (iii) The employee must use personal fall protection equipment, 
including a full body harness, independently attached to the lower load 
block or overhaul ball.
    (iv) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (v) The boatswain's chair itself (excluding the personal fall 
arrest system anchorages), must be capable of supporting, without 
failure, its own weight and at least five times the maximum intended 
load.
    (vi) No more than one person must be hoisted at a time.
    (q) [Reserved.]
    (r) Hoisting personnel for marine transfer. When hoisting employees 
solely for transfer to or from a marine worksite, the following 
requirements must be met:
    (1) The employee must be in either a personnel platform or a 
marine-hoisted personnel transfer device.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a marine-hoisted personnel transfer device:
    (i) The following paragraphs of this section apply: (a), (c)(2), 
(d)(1), (d)(3), (d)(4), (e)(1) through (5), (e)(12), (f)(1), (g), (h), 
(j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (k)(11)(i), (k)(12), (m), and 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``marine-hoisted personnel 
transfer device.''
    (ii) The transfer device must be used only for transferring 
workers.
    (iii) The number of workers occupying the transfer device must not 
exceed the maximum number it was designed to hold.
    (iv) Each employee must wear a U.S. Coast Guard personal flotation 
device approved for industrial use.
    (s) Hoisting personnel for storage-tank (steel or concrete), shaft 
and chimney operations. When hoisting an employee in storage tank 
(steel or concrete), shaft and chimney operations, the following 
requirements must be met:
    (1) The employee must be in a personnel platform except when the 
employer can demonstrate that use of a personnel platform is 
infeasible; in such a case, a boatswain's chair must be used.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``boatswains chair.''
    (ii) The employee must be hoisted in a slow, controlled descent and 
ascent.
    (iii) The employee must use personal fall protection equipment, 
including a full body harness, attached independent of the crane/
derrick. When there is no adequate structure for attachment of personal 
fall arrest equipment as required in Sec.  1926.502(d)(15), the 
attachment must be to the lower load block or overhaul ball.
    (iv) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (v) The boatswain's chair itself (excluding the personal fall 
arrest system anchorages), must be capable of supporting, without 
failure, its own weight and at least five times the maximum intended 
load.
    (vi) No more than one person must be hoisted at a time.


Sec.  1926.1432  Multiple-crane/derrick lifts--supplemental 
requirements.

    (a) Plan development. Before beginning a crane/derrick operation in 
which more than one crane/derrick will be supporting the load, the 
operation must be planned. The planning must meet the following 
requirements:
    (1) The plan must be developed by a qualified person.
    (2) The plan must be designed to ensure that the requirements of 
this subpart are met.
    (3) Where the qualified person determines that engineering 
expertise is needed for the planning, the employer must ensure that it 
is provided.
    (b) Plan implementation.
    (1) The multiple-crane/derrick lift must be directed by a person 
who meets the criteria for both a competent person and a qualified 
person, or by a competent person who is assisted by

[[Page 48163]]

one or more qualified persons (lift director).
    (2) The lift director must review the plan in a meeting with all 
workers who will be involved with the operation.


Sec.  1926.1433  Design, construction and testing.

    The following requirements apply to equipment that has a 
manufacturer-rated hoisting/lifting capacity of more than 2,000 pounds.
    (a) Crawler, truck and locomotive cranes manufactured prior to 
November 8, 2010 must meet the applicable requirements for design, 
construction, and testing as prescribed in ANSI B30.5-1968 
(incorporated by reference, see Sec.  1926.6), PCSA Std. No. 2 (1968) 
(incorporated by reference, see Sec.  1926.6), the requirements in 
paragraph (b) of this section, or the applicable DIN standards that 
were in effect at the time of manufacture.
    (b) Mobile (including crawler and truck) and locomotive cranes 
manufactured on or after November 8, 2010 must meet the following 
portions of ASME B30.5-2004 (incorporated by reference, see Sec.  
1926.6) as applicable:
    (1) In section 5-1.1.1 (``Load Ratings--Where Stability Governs 
Lifting Performance''), paragraphs (a)--(d) (including subparagraphs).
    (2) In section 5-1.1.2 (``Load Ratings--Where Structural Competence 
Governs Lifting Performance''), paragraph (b).
    (3) Section 5-1.2 (``Stability (Backward and Forward)'').
    (4) In section 5-1.3.1 (``Boom Hoist Mechanism''), paragraphs (a), 
(b)(1) and (b)(2), except that when using rotation resistant rope, 
Sec.  1926.1414(c)(4)(ii)(A) applies.
    (5) In section 5-1.3.2 (``Load Hoist Mechanism''), paragraphs 
(a)(2) through (a)(4) (including subparagraphs), (b) (including 
subparagraphs), (c) (first sentence only) and (d).
    (6) Section 5-1.3.3 (``Telescoping Boom'').
    (7) Section 5-1.4 (``Swing Mechanism'').
    (8) In section 5-1.5 (``Crane Travel''), all provisions except 5-
1.5.3(d).
    (9) In section 5-1.6 (``Controls''), all provisions except 5-1.6.1 
(c).
    (10) Section 5-1.7.4 (``Sheaves'').
    (11) Section 5-1.7.5 (``Sheave sizes'').
    (12) In section 5-1.9.1 (``Booms''), paragraph (f).
    (13) Section 5-1.9.3 (``Outriggers'').
    (14) Section 5-1.9.4 (``Locomotive Crane Equipment'').
    (15) Section 5-1.9.7 (``Clutch and Brake Protection'').
    (16) In section 5-1.9.11 (``Miscellaneous equipment''), paragraphs 
(a), (c), (e), and (f).
    (c) Prototype testing: mobile (including crawler and truck) and 
locomotive cranes manufactured on or after November 8, 2010 must meet 
the prototype testing requirements in Test Option A or Test Option B of 
this section. Tower cranes manufactured on or after November 8, 2010 
must meet the prototype testing requirements in BS EN 14439:2006 
(incorporated by reference, see Sec.  1926.6).

    Note:  Prototype testing of crawler, locomotive and truck cranes 
manufactured prior to November 8, 2010 must conform to paragraph (a) 
of this section.

    (1) Test Option A.
    (i) The following applies to equipment with cantilevered booms 
(such as hydraulic boom cranes): All the tests listed in SAE J1063 
(Nov. 1993) Table 1 (incorporated by reference, see Sec.  1926.6) must 
be performed to load all critical structural elements to their 
respective limits. All the strength margins listed in SAE J1063 (Nov. 
1993) Table 2 (incorporated by reference, see Sec.  1926.6) must be 
met.
    (ii) The following applies to equipment with pendant supported 
lattice booms: All the tests listed in SAE J987 (Jun. 2003) Table 1 
(incorporated by reference, see Sec.  1926.6) must be performed to load 
all critical structural elements to their respective limits. All the 
strength margins listed in SAE J987 (Jun. 2003) Table 2 (incorporated 
by reference, see Sec.  1926.6) must be met.
    (2) Test Option B. The testing and verification requirements of BS 
EN 13000:2004 (incorporated by reference, see Sec.  1926.6) must be 
met. In applying BS EN 13000:2004, the following additional 
requirements must be met:
    (i) The following applies to equipment with cantilevered booms 
(such as hydraulic boom cranes): The analysis methodology (computer 
modeling) must demonstrate that all load cases listed in SAE J1063 
(Nov. 1993) (incorporated by reference, see Sec.  1926.6) meet the 
strength margins listed in SAE J1063 (Nov. 1993) Table 2.
    (ii) The following applies to equipment with pendant supported 
lattice booms: The analysis methodology (computer modeling) must 
demonstrate that all load cases listed in SAE J987 (Jun. 2003) 
(incorporated by reference, see Sec.  1926.6) meet the strength margins 
listed in SAE J987 (Jun. 2003) Table 2.
    (iii) Analysis verification. The physical testing requirements 
under SAE J1063 (Nov. 1993) (incorporated by reference, see Sec.  
1926.6) and SAE J987 (Jun. 2003) (incorporated by reference, see Sec.  
1926.6) must be met unless the reliability of the analysis methodology 
(computer modeling) has been demonstrated by a documented history of 
verification through strain gauge measuring or strain gauge measuring 
in combination with other physical testing.
    (d) All equipment covered by this subpart must meet the following 
requirements:
    (1) Rated capacity and related information. The information 
available in the cab (see Sec.  1926.1417(c)) regarding ``rated 
capacity'' and related information must include, at a minimum, the 
following information:
    (i) A complete range of the manufacturer's equipment rated 
capacities, as follows:
    (A) At all manufacturer approved operating radii, boom angles, work 
areas, boom lengths and configurations, jib lengths and angles (or 
offset).
    (B) Alternate ratings for use and nonuse of option equipment which 
affects rated capacities, such as outriggers, stabilizers, and extra 
counterweights.
    (ii) A work area chart for which capacities are listed in the load 
chart. (Note: An example of this type of chart is in ASME B30.5-2004, 
section 5-1.1.3, Figure 11).
    (iii) The work area figure and load chart must clearly indicate the 
areas where no load is to be handled.
    (iv) Recommended reeving for the hoist lines must be shown.
    (v) Recommended parts of hoist reeving, size, and type of wire rope 
for various equipment loads.
    (vi) Recommended boom hoist reeving diagram, where applicable; 
size, type and length of wire rope.
    (vii) Tire pressure (where applicable).
    (viii) Caution or warnings relative to limitations on equipment and 
operating procedures, including an indication of the least stable 
direction.
    (ix) Position of the gantry and requirements for intermediate boom 
suspension (where applicable).
    (x) Instructions for boom erection and conditions under which the 
boom, or boom and jib combinations, may be raised or lowered.
    (xi) Whether the hoist holding mechanism is automatically or 
manually controlled, whether free fall is available, or any combination 
of these.
    (xii) The maximum telescopic travel length of each boom telescopic 
section.
    (xiii) Whether sections are telescoped manually or with power.
    (xiv) The sequence and procedure for extending and retracting the 
telescopic boom section.
    (xv) Maximum loads permitted during the boom extending operation, 
and any limiting conditions or cautions.
    (xvi) Hydraulic relief valve settings specified by the 
manufacturer.

[[Page 48164]]

    (2) Load hooks (including latched and unlatched types), ball 
assemblies and load blocks must be of sufficient weight to overhaul the 
line from the highest hook position for boom or boom and jib lengths 
and the number of parts of the line in use.
    (3) Hook and ball assemblies and load blocks must be marked with 
their rated capacity and weight.
    (4) Latching hooks.
    (i) Hooks must be equipped with latches, except where the 
requirements of paragraph (d)(4)(ii) of this section are met.
    (ii) Hooks without latches, or with latches removed or disabled, 
must not be used unless:
    (A) A qualified person has determined that it is safer to hoist and 
place the load without latches (or with the latches removed/tied-back).
    (B) Routes for the loads are pre-planned to ensure that no employee 
is required to work in the fall zone except for employees necessary for 
the hooking or unhooking of the load.
    (iii) The latch must close the throat opening and be designed to 
retain slings or other lifting devices/accessories in the hook when the 
rigging apparatus is slack.
    (5) Posted warnings. Posted warnings required by this subpart as 
well as those originally supplied with the equipment by the 
manufacturer must be maintained in legible condition.
    (6) An accessible fire extinguisher must be on the equipment.
    (7) Cabs. Equipment with cabs must meet the following requirements:
    (i) Cabs must be designed with a form of adjustable ventilation and 
method for clearing the windshield for maintaining visibility and air 
circulation. Examples of means for adjustable ventilation include air 
conditioner or window that can be opened (for ventilation and air 
circulation); examples of means for maintaining visibility include 
heater (for preventing windshield icing), defroster, fan, windshield 
wiper.
    (ii) Cab doors (swinging, sliding) must be designed to prevent 
inadvertent opening or closing while traveling or operating the 
machine. Swinging doors adjacent to the operator must open outward. 
Sliding operator doors must open rearward.
    (iii) Windows.
    (A) The cab must have windows in front and on both sides of the 
operator. Forward vertical visibility must be sufficient to give the 
operator a view of the boom point at all times.
    (B) Windows may have sections designed to be opened or readily 
removed. Windows with sections designed to be opened must be designed 
so that they can be secured to prevent inadvertent closure.
    (C) Windows must be of safety glass or material with similar 
optical and safety properties, that introduce no visible distortion or 
otherwise obscure visibility that interferes with the safe operation of 
the equipment.
    (iv) A clear passageway must be provided from the operator's 
station to an exit door on the operator's side.
    (v) Areas of the cab roof that serve as a workstation for rigging, 
maintenance or other equipment-related tasks must be capable of 
supporting 250 pounds without permanent distortion.
    (8) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly 
wheels, chains, and other parts or components that reciprocate, rotate 
or otherwise move must be guarded where contact by employees (except 
for maintenance and repair employees) is possible in the performance of 
normal duties.
    (9) All exhaust pipes, turbochargers, and charge air coolers must 
be insulated or guarded where contact by employees (except for 
maintenance and repair employees) is possible in the performance of 
normal duties.
    (10) Hydraulic and pneumatic lines must be protected from damage to 
the extent feasible.
    (11) The equipment must be designed so that exhaust fumes are not 
discharged in the cab and are discharged in a direction away from the 
operator.
    (12) Friction mechanisms. Where friction mechanisms (such as brakes 
and clutches) are used to control the boom hoist or load line hoist, 
they must be:
    (i) Of a size and thermal capacity sufficient to control all rated 
loads with the minimum recommended reeving.
    (ii) Adjustable to permit compensation for lining wear to maintain 
proper operation.
    (13) Hydraulic load hoists. Hydraulic drums must have an integrally 
mounted holding device or internal static brake to prevent load hoist 
movement in the event of hydraulic failure.
    (e) The employer's obligations under paragraphs (a) through (c) and 
(d)(7) through (13) of this section are met where the equipment has not 
changed (except in accordance with Sec.  1926.1434 (Equipment 
modifications)) and it can refer to documentation from the manufacturer 
showing that the equipment has been designed, constructed and tested in 
accordance with those paragraphs.


Sec.  1926.1434  Equipment modifications.

    (a) Modifications or additions which affect the capacity or safe 
operation of the equipment are prohibited except where the requirements 
of paragraphs (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section 
are met.
    (1) Manufacturer review and approval.
    (i) The manufacturer approves the modifications/additions in 
writing.
    (ii) The load charts, procedures, instruction manuals and 
instruction plates/tags/decals are modified as necessary to accord with 
the modification/addition.
    (iii) The original safety factor of the equipment is not reduced.
    (2) Manufacturer refusal to review request. The manufacturer is 
provided a detailed description of the proposed modification/addition, 
is asked to approve the modification/addition, but it declines to 
review the technical merits of the proposal or fails, within 30 days, 
to acknowledge the request or initiate the review, and all of the 
following are met:
    (i) A registered professional engineer who is a qualified person 
with respect to the equipment involved:
    (A) Approves the modification/addition and specifies the equipment 
configurations to which that approval applies, and
    (B) Modifies load charts, procedures, instruction manuals and 
instruction plates/tags/decals as necessary to accord with the 
modification/addition.
    (ii) The original safety factor of the equipment is not reduced.
    (3) Unavailable manufacturer. The manufacturer is unavailable and 
the requirements of paragraphs (a)(2)(i) and (ii) of this section are 
met.
    (4) Manufacturer does not complete the review within 120 days of 
the request. The manufacturer is provided a detailed description of the 
proposed modification/addition, is asked to approve the modification/
addition, agrees to review the technical merits of the proposal, but 
fails to complete the review of the proposal within 120 days of the 
date it was provided the detailed description of the proposed 
modification/addition, and the requirements of paragraphs (a)(2)(i) and 
(ii) of this section are met.
    (5) Multiple manufacturers of equipment designed for use on marine 
work sites. The equipment is designed for marine work sites, contains 
major structural components from more than one manufacturer, and the 
requirements of paragraphs (a)(2)(i) and (ii) of this section are met.
    (b) Modifications or additions which affect the capacity or safe 
operation of the equipment are prohibited where the manufacturer, after 
a review of the technical safety merits of the proposed modification/
addition, rejects the proposal and explains the reasons for

[[Page 48165]]

the rejection in a written response. If the manufacturer rejects the 
proposal but does not explain the reasons for the rejection in writing, 
the employer may treat this as a manufacturer refusal to review the 
request under paragraph (a)(2) of this section.
    (c) The provisions in paragraphs (a) and (b) of this section do not 
apply to modifications made or approved by the U.S. military.


Sec.  1926.1435  Tower cranes.

    (a) This section contains supplemental requirements for tower 
cranes; all sections of this subpart apply to tower cranes unless 
specified otherwise.
    (b) Erecting, climbing and dismantling.
    (1) Section 1926.1403 (Assembly/Disassembly--selection of 
manufacturer or employer procedures), Sec.  1926.1404 (Assembly/
Disassembly--general requirements (applies to all assembly and 
disassembly operations)), Sec.  1926.1405 (Disassembly--additional 
requirements for dismantling of booms and jibs (applies to both the use 
of manufacturer procedures and employer procedures)), and Sec.  
1926.1406 (Assembly/Disassembly--employer procedures--general 
requirements), apply to tower cranes (except as otherwise specified), 
except that the term ``assembly/disassembly'' is replaced by 
``erecting, climbing and dismantling,'' and the term ``disassembly'' is 
replaced by ``dismantling.''
    (2) Dangerous areas (self-erecting tower cranes). In addition to 
the requirements in Sec.  1926.1404(e), for self-erecting tower cranes, 
the following applies: Employees must not be in or under the tower, 
jib, or rotating portion of the crane during erecting, climbing and 
dismantling operations until the crane is secured in a locked position 
and the competent person in charge indicates it is safe to enter this 
area, unless the manufacturer's instructions direct otherwise and only 
the necessary personnel are permitted in this area.
    (3) Foundations and structural supports. Tower crane foundations 
and structural supports (including both the portions of the structure 
used for support and the means of attachment) must be designed by the 
manufacturer or a registered professional engineer.
    (4) Addressing specific hazards. The requirements in Sec.  
1926.1404(h)(1) through (9) apply. In addition, the A/D director must 
address the following:
    (i) Foundations and structural supports. The A/D director must 
determine that tower crane foundations and structural supports are 
installed in accordance with their design.
    (ii) Loss of backward stability. Backward stability before swinging 
self erecting cranes or cranes on traveling or static undercarriages.
    (iii) Wind speed. Wind must not exceed the speed recommended by the 
manufacturer or, where manufacturer does not specify this information, 
the speed determined by a qualified person.
    (5) Plumb tolerance. Towers must be erected plumb to the 
manufacturer's tolerance and verified by a qualified person. Where the 
manufacturer does not specify plumb tolerance, the crane tower must be 
plumb to a tolerance of at least 1:500 (approximately 1 inch in 40 
feet).
    (6) Multiple tower crane jobsites. On jobsites where more than one 
fixed jib (hammerhead) tower crane is installed, the cranes must be 
located such that no crane can come in contact with the structure of 
another crane. Cranes are permitted to pass over one another.
    (7) Climbing procedures. Prior to, and during, all climbing 
procedures (including inside climbing and top climbing), the employer 
must:
    (i) Comply with all manufacturer prohibitions.
    (ii) Have a registered professional engineer verify that the host 
structure is strong enough to sustain the forces imposed through the 
braces, brace anchorages and supporting floors.
    (8) Counterweight/ballast.
    (i) Equipment must not be erected, dismantled or operated without 
the amount and position of counterweight and/or ballast in place as 
specified by the manufacturer or a registered professional engineer 
familiar with the equipment.
    (ii) The maximum counterweight and/or ballast specified by the 
manufacturer or registered professional engineer familiar with the 
equipment must not be exceeded.
    (c) Signs. The size and location of signs installed on tower cranes 
must be in accordance with manufacturer specifications. Where these are 
unavailable, a registered professional engineer familiar with the type 
of equipment involved must approve in writing the size and location of 
any signs.
    (d) Safety devices.
    (1) Section 1926.1415 does not apply to tower cranes.
    (2) The following safety devices are required on all tower cranes 
unless otherwise specified:
    (i) Boom stops on luffing boom type tower cranes.
    (ii) Jib stops on luffing boom type tower cranes if equipped with a 
jib attachment.
    (iii) Travel rail end stops at both ends of travel rail.
    (iv) Travel rail clamps on all travel bogies.
    (v) Integrally mounted check valves on all load supporting 
hydraulic cylinders.
    (vi) Hydraulic system pressure limiting device.
    (vii) The following brakes, which must automatically set in the 
event of pressure loss or power failure, are required:
    (A) A hoist brake on all hoists.
    (B) Swing brake.
    (C) Trolley brake.
    (D) Rail travel brake.
    (viii) Deadman control or forced neutral return control (hand) 
levers.
    (ix) Emergency stop switch at the operator's station.
    (x) Trolley end stops must be provided at both ends of travel of 
the trolley.
    (3) Proper operation required. Operations must not begin unless the 
devices listed in this section are in proper working order. If a device 
stops working properly during operations, the operator must safely stop 
operations. The equipment must be taken out of service, and operations 
must not resume until the device is again working properly. See Sec.  
1926.1417(f). Alternative measures are not permitted to be used.
    (e) Operational aids.
    (1) Section 1926.1416 does not apply to tower cranes.
    (2) The devices listed in this section (``operational aids'') are 
required on all tower cranes covered by this subpart, unless otherwise 
specified.
    (3) Operations must not begin unless the operational aids are in 
proper working order, except where the employer meets the specified 
temporary alternative measures. More protective alternative measures 
specified by the tower crane manufacturer, if any, must be followed. 
See Sec.  1926.1417(j) for additional requirements.
    (4) If an operational aid stops working properly during operations, 
the operator must safely stop operations until the temporary 
alternative measures are implemented or the device is again working 
properly. If a replacement part is no longer available, the use of a 
substitute device that performs the same type of function is permitted 
and is not considered a modification under Sec.  1926.1434.
    (5) Category I operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 7 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered

[[Page 48166]]

the necessary parts within 7 calendar days of the occurrence of the 
deficiency, the repair must be completed within 7 calendar days of 
receipt of the parts.
    (i) Trolley travel limiting device. The travel of the trolley must 
be restricted at both ends of the jib by a trolley travel limiting 
device to prevent the trolley from running into the trolley end stops. 
Temporary alternative measures:
    (A) Option A. The trolley rope must be marked (so it can be seen by 
the operator) at a point that will give the operator sufficient time to 
stop the trolley prior to the end stops.
    (B) Option B. A spotter who is in direct communication with the 
operator must be used when operations are conducted within 10 feet of 
the outer or inner trolley end stops.
    (ii) Boom hoist limiting device. The range of the boom must be 
limited at the minimum and maximum radius. Temporary alternative 
measures: Clearly mark the cable (so it can be seen by the operator) at 
a point that will give the operator sufficient time to stop the boom 
hoist within the minimum and maximum boom radius, or use a spotter who 
is in direct communication with the operator to inform the operator 
when this point is reached.
    (iii) Anti two-blocking device. The tower crane must be equipped 
with a device which automatically prevents damage from contact between 
the load block, overhaul ball, or similar component, and the boom tip 
(or fixed upper block or similar component). The device(s) must prevent 
such damage at all points where two-blocking could occur. Temporary 
alternative measures: Clearly mark the cable (so it can be seen by the 
operator) at a point that will give the operator sufficient time to 
stop the hoist to prevent two-blocking, or use a spotter who is in 
direct communication with the operator to inform the operator when this 
point is reached.
    (iv) Hoist drum lower limiting device. Tower cranes manufactured 
after November 8, 2011 must be equipped with a device that prevents the 
last 2 wraps of hoist cable from being spooled off the drum. Temporary 
alternative measures: Mark the cable (so it can be seen by the 
operator) at a point that will give the operator sufficient time to 
stop the hoist prior to last 2 wraps of hoist cable being spooled off 
the drum, or use a spotter who is in direct communication with the 
operator to inform the operator when this point is reached
    (v) Load moment limiting device. The tower crane must have a device 
that prevents moment overloading. Temporary alternative measures: A 
radius indicating device must be used (if the tower crane is not 
equipped with a radius indicating device, the radius must be measured 
to ensure the load is within the rated capacity of the crane). In 
addition, the weight of the load must be determined from a source 
recognized by the industry (such as the load's manufacturer), or by a 
calculation method recognized by the industry (such as calculating a 
steel beam from measured dimensions and a known per foot weight), or by 
other equally reliable means. This information must be provided to the 
operator prior to the lift.
    (vi) Hoist line pull limiting device. The capacity of the hoist 
must be limited to prevent overloading, including each individual gear 
ratio if equipped with a multiple speed hoist transmission. Temporary 
alternative measures: The operator must ensure that the weight of the 
load does not exceed the capacity of the hoist (including for each 
individual gear ratio if equipped with a multiple speed hoist 
transmission).
    (vii) Rail travel limiting device. The travel distance in each 
direction must be limited to prevent the travel bogies from running 
into the end stops or buffers. Temporary alternative measures: A 
spotter who is in direct communication with the operator must be used 
when operations are conducted within 10 feet of either end of the 
travel rail end stops; the spotter must inform the operator of the 
distance of the travel bogies from the end stops or buffers.
    (viii) Boom hoist drum positive locking device and control. The 
boom hoist drum must be equipped with a control that will enable the 
operator to positively lock the boom hoist drum from the cab. Temporary 
alternative measures: The device must be manually set when required if 
an electric, hydraulic or automatic control is not functioning.
    (6) Category II operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 30 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, and the part is not received in time to complete the repair 
in 30 calendar days, the repair must be completed within 7 calendar 
days of receipt of the parts.
    (i) Boom angle or hook radius indicator.
    (A) Luffing boom tower cranes must have a boom angle indicator 
readable from the operator's station.
    (B) Hammerhead tower cranes manufactured after November 8, 2011 
must have a hook radius indicator readable from the operator's station.
    (C) Temporary alternative measures: Hook radii or boom angle must 
be determined by measuring the hook radii or boom angle with a 
measuring device.
    (ii) Trolley travel deceleration device. The trolley speed must be 
automatically reduced prior to the trolley reaching the end limit in 
both directions. Temporary alternative measure: The employer must post 
a notice in the cab of the crane notifying the operator that the 
trolley travel deceleration device is malfunctioning and instructing 
the operator to take special care to reduce the trolley speed when 
approaching the trolley end limits.
    (iii) Boom hoist deceleration device. The boom speed must be 
automatically reduced prior to the boom reaching the minimum or maximum 
radius limit. Temporary alternative measure: The employer must post a 
notice in the cab of the crane notifying the operator that the boom 
hoist deceleration device is malfunctioning and instructing the 
operator to take special care to reduce the boom speed when approaching 
the minimum or maximum radius limits.
    (iv) Load hoist deceleration device. The load speed must be 
automatically reduced prior to the hoist reaching the upper limit. 
Temporary alternative measure: The employer must post a notice in the 
cab of the crane notifying the operator that the load hoist 
deceleration device is malfunctioning and instructing the operator to 
take special care to reduce the load speed when approaching the upper 
limits.
    (v) Wind speed indicator. A device must be provided to display the 
wind speed and must be mounted above the upper rotating structure on 
tower cranes. On self erecting cranes, it must be mounted at or above 
the jib level. Temporary alternative measures: Use of wind speed 
information from a properly functioning indicating device on another 
tower crane on the same site, or a qualified person estimates the wind 
speed.
    (vi) Load indicating device. Cranes manufactured after November 8, 
2011 must have a device that displays the magnitude of the load on the 
hook. Displays that are part of load moment limiting devices that 
display the load on the hook meet this requirement. Temporary 
alternative measures: The weight of the load must be determined from a 
source recognized by the industry (such as the load's manufacturer), or 
by a calculation method recognized by the industry (such as calculating 
a steel beam from measured dimensions and a known per foot weight), or 
by other equally reliable

[[Page 48167]]

means. This information must be provided to the operator prior to the 
lift.
    (f) Inspections.
    (1) Section 1926.1412 (Inspections) applies to tower cranes, except 
that the term ``assembly'' is replaced by ``erection.'' Section 
1926.1413 (Wire rope--inspection) applies to tower cranes.
    (2) Pre-erection inspection. Before each crane component is 
erected, it must be inspected by a qualified person for damage or 
excessive wear.
    (i) The qualified person must pay particular attention to 
components that will be difficult to inspect thoroughly during shift 
inspections.
    (ii) If the qualified person determines that a component is damaged 
or worn to the extent that it would create a safety hazard if used on 
the crane, that component must not be erected on the crane unless it is 
repaired and, upon reinspection by the qualified person, found to no 
longer create a safety hazard.
    (iii) If the qualified person determines that, though not presently 
a safety hazard, the component needs to be monitored, the employer must 
ensure that the component is checked in the monthly inspections. Any 
such determination must be documented, and the documentation must be 
available to any individual who conducts a monthly inspection.
    (3) Post-erection inspection. In addition to the requirements in 
Sec.  1926.1412(c), the following requirements must be met:
    (i) A load test using certified weights, or scaled weights using a 
certified scale with a current certificate of calibration, must be 
conducted after each erection.
    (ii) The load test must be conducted in accordance with the 
manufacturer's instructions when available. Where these instructions 
are unavailable, the test must be conducted in accordance with written 
load test procedures developed by a registered professional engineer 
familiar with the type of equipment involved.
    (4) Monthly. The following additional items must be included:
    (i) Tower (mast) bolts and other structural bolts (for loose or 
dislodged condition) from the base of the tower crane up or, if the 
crane is tied to or braced by the structure, those above the upper-most 
brace support.
    (ii) The upper-most tie-in, braces, floor supports and floor wedges 
where the tower crane is supported by the structure, for loose or 
dislodged components.
    (5) Annual. In addition to the items that must be inspected under 
Sec.  1926.1412(f), all turntable and tower bolts must be inspected for 
proper condition and torque.


Sec.  1926.1436  Derricks.

    (a) This section contains supplemental requirements for derricks, 
whether temporarily or permanently mounted; all sections of this 
subpart apply to derricks unless specified otherwise. A derrick is 
powered equipment consisting of a mast or equivalent member that is 
held at or near the end by guys or braces, with or without a boom, and 
its hoisting mechanism. The mast/equivalent member and/or the load is 
moved by the hoisting mechanism (typically base-mounted) and operating 
ropes. Derricks include: A-frame, basket, breast, Chicago boom, gin 
pole (except gin poles used for erection of communication towers), guy, 
shearleg, stiffleg, and variations of such equipment.
    (b) Operation--procedures.
    (1) Section 1926.1417 (Operation) applies except for Sec.  
1926.1417(c) (Accessibility of procedures).
    (2) Load chart contents. Load charts must contain at least the 
following information:
    (i) Rated capacity at corresponding ranges of boom angle or 
operating radii.
    (ii) Specific lengths of components to which the rated capacities 
apply.
    (iii) Required parts for hoist reeving.
    (iv) Size and construction of rope must be included on the load 
chart or in the operating manual.
    (3) Load chart location.
    (i) Permanent installations. For permanently installed derricks 
with fixed lengths of boom, guy, and mast, a load chart must be posted 
where it is visible to personnel responsible for the operation of the 
equipment.
    (ii) Non-permanent installations. For derricks that are not 
permanently installed, the load chart must be readily available at the 
job site to personnel responsible for the operation of the equipment.
    (c) Construction.
    (1) General requirements.
    (i) Derricks must be constructed to meet all stresses imposed on 
members and components when installed and operated in accordance with 
the manufacturer's/builder's procedures and within its rated capacity.
    (ii) Welding of load sustaining members must conform to recommended 
practices in ANSI/AWS D14.3-94 (incorporated by reference, see Sec.  
1926.6) or AWS D1.1/D1.1M:2002 (incorporated by reference, see Sec.  
1926.6).
    (2) Guy derricks.
    (i) The minimum number of guys must be 6, with equal spacing, 
except where a qualified person or derrick manufacturer approves 
variations from these requirements and revises the rated capacity to 
compensate for such variations.
    (ii) Guy derricks must not be used unless the employer has the 
following guy information from the manufacturer or a qualified person, 
when not available from the manufacturer:
    (A) The number of guys.
    (B) The spacing around the mast.
    (C) The size, grade, and construction of rope to be used for each 
guy.
    (iii) For guy derricks manufactured after December 18, 1970, in 
addition to the information required in paragraph (c)(2)(ii) of this 
section, the employer must have the following guy information from the 
manufacturer or a qualified person, when not available from the 
manufacturer:
    (A) The amount of initial sag or tension.
    (B) The amount of tension in guy line rope at anchor.
    (iv) The mast base must permit the mast to rotate freely with 
allowance for slight tilting of the mast caused by guy slack.
    (v) The mast cap must:
    (A) Permit the mast to rotate freely.
    (B) Withstand tilting and cramping caused by the guy loads.
    (C) Be secured to the mast to prevent disengagement during 
erection.
    (D) Be provided with means for attaching guy ropes.
    (3) Stiffleg derricks.
    (i) The mast must be supported in the vertical position by at least 
two stifflegs; one end of each must be connected to the top of the mast 
and the other end securely anchored.
    (ii) The stifflegs must be capable of withstanding the loads 
imposed at any point of operation within the load chart range.
    (iii) The mast base must:
    (A) Permit the mast to rotate freely (when necessary).
    (B) Permit deflection of the mast without binding.
    (iv) The mast must be prevented from lifting out of its socket when 
the mast is in tension.
    (v) The stiffleg connecting member at the top of the mast must:
    (A) Permit the mast to rotate freely (when necessary).
    (B) Withstand the loads imposed by the action of the stifflegs.
    (C) Be secured so as to oppose separating forces.
    (4) Gin pole derricks.
    (i) Guy lines must be sized and spaced so as to make the gin pole 
stable in both boomed and vertical positions. Exception: Where the size 
and/or

[[Page 48168]]

spacing of guy lines do not result in the gin pole being stable in both 
boomed and vertical positions, the employer must ensure that the 
derrick is not used in an unstable position.
    (ii) The base of the gin pole must permit movement of the pole 
(when necessary).
    (iii) The gin pole must be anchored at the base against horizontal 
forces (when such forces are present).
    (5) Chicago boom derricks. The fittings for stepping the boom and 
for attaching the topping lift must be arranged to:
    (i) Permit the derrick to swing at all permitted operating radii 
and mounting heights between fittings.
    (ii) Accommodate attachment to the upright member of the host 
structure.
    (iii) Withstand the forces applied when configured and operated in 
accordance with the manufacturer's/builder's procedures and within its 
rated capacity.
    (iv) Prevent the boom or topping lift from lifting out under 
tensile forces.
    (d) Anchoring and guying.
    (1) Load anchoring data developed by the manufacturer or a 
qualified person must be used.
    (2) Guy derricks.
    (i) The mast base must be anchored.
    (ii) The guys must be secured to the ground or other firm 
anchorage.
    (iii) The anchorage and guying must be designed to withstand 
maximum horizontal and vertical forces encountered when operating 
within rated capacity with the particular guy slope and spacing 
specified for the application.
    (3) Stiffleg derricks.
    (i) The mast base and stifflegs must be anchored.
    (ii) The mast base and stifflegs must be designed to withstand 
maximum horizontal and vertical forces encountered when operating 
within rated capacity with the particular stiffleg spacing and slope 
specified for the application.
    (e) Swingers and hoists.
    (1) The boom, swinger mechanisms and hoists must be suitable for 
the derrick work intended and must be anchored to prevent displacement 
from the imposed loads.
    (2) Hoists.
    (i) Base mounted drum hoists must meet the requirements in the 
following sections of ASME B30.7-2001 (incorporated by reference, see 
Sec.  1926.6):
    (A) Sections 7-1.1 (``Load ratings and markings'').
    (B) Section 7-1.2 (``Construction''), except: 7-1.2.13 
(``Operator's cab''); 7-1.2.15 (``Fire extinguishers'').
    (C) Section 7-1.3 (``Installation'').
    (D) Applicable terms in section 7-0.2 (``Definitions'').
    (ii) Load tests for new hoists. The employer must ensure that new 
hoists are load tested to a minimum of 110% of rated capacity, but not 
more than 125% of rated capacity, unless otherwise recommended by the 
manufacturer. This requirement is met where the manufacturer has 
conducted this testing.
    (iii) Repaired or modified hoists. Hoists that have had repairs, 
modifications or additions affecting their capacity or safe operation 
must be evaluated by a qualified person to determine if a load test is 
necessary. If it is, load testing must be conducted in accordance with 
paragraphs (e)(2)(ii) and (iv) of this section.
    (iv) Load test procedure. Load tests required by paragraphs 
(e)(2)(ii) or (e)(2)(iii) of this section must be conducted as follows:
    (A) The test load must be hoisted a vertical distance to assure 
that the load is supported by the hoist and held by the hoist brake(s).
    (B) The test load must be lowered, stopped and held with the 
brake(s).
    (C) The hoist must not be used unless a competent person determines 
that the test has been passed.
    (f) Operational aids.
    (1) Section 1926.1416 (Operational aids) applies, except for Sec.  
1926.1416(d)(1) (Boom hoist limiting device), Sec.  1926.1416(e)(1) 
(Boom angle or radius indicator), and Sec.  1926.1416(e)(4) (Load 
weighing and similar devices).
    (2) Boom angle aid. A boom angle indicator is not required but if 
the derrick is not equipped with a functioning one, the employer must 
ensure that either:
    (i) The boom hoist cable must be marked with caution and stop 
marks. The stop marks must correspond to maximum and minimum allowable 
boom angles. The caution and stop marks must be in view of the 
operator, or a spotter who is in direct communication with the 
operator; or
    (ii) An electronic or other device that signals the operator in 
time to prevent the boom from moving past its maximum and minimum 
angles, or automatically prevents such movement, is used.
    (3) Load weight/capacity devices.
    (i) Derricks manufactured more than one year after November 8, 2010 
with a maximum rated capacity over 6,000 pounds must have at least one 
of the following: load weighing device, load moment indicator, rated 
capacity indicator, or rated capacity limiter. Temporary alternative 
measures: The weight of the load must be determined from a source 
recognized by the industry (such as the load's manufacturer), or by a 
calculation method recognized by the industry (such as calculating a 
steel beam from measured dimensions and a known per foot weight), or by 
other equally reliable means. This information must be provided to the 
operator prior to the lift. See Sec.  1926.1417(j) for additional 
requirements.
    (ii) A load weight/capacity device that is not working properly 
must be repaired no later than 30 days after the deficiency occurs. 
Exception: If the employer documents that it has ordered the necessary 
parts within 7 days of the occurrence of the deficiency, and the part 
is not received in time to complete the repair in 30 days, the repair 
must be completed within 7 days of receipt of the parts.
    (g) Post-assembly approval and testing--new or reinstalled 
derricks.
    (1) Anchorages.
    (i) Anchorages, including the structure to which the derrick is 
attached (if applicable), must be approved by a qualified person.
    (ii) If using a rock or hairpin anchorage, the qualified person 
must determine if any special testing of the anchorage is needed. If 
so, it must be tested accordingly.
    (2) Functional test. Prior to initial use, new or reinstalled 
derricks must be tested by a competent person with no hook load to 
verify proper operation. This test must include:
    (i) Lifting and lowering the hook(s) through the full range of hook 
travel.
    (ii) Raising and lowering the boom through the full range of boom 
travel.
    (iii) Swinging in each direction through the full range of swing.
    (iv) Actuating the anti two-block and boom hoist limit devices (if 
provided).
    (v) Actuating locking, limiting and indicating devices (if 
provided).
    (3) Load test. Prior to initial use, new or reinstalled derricks 
must be load tested by a competent person. The test load must meet the 
following requirements:
    (i) Test loads must be at least 100% and no more than 110% of the 
rated capacity, unless otherwise recommended by the manufacturer or 
qualified person, but in no event must the test load be less than the 
maximum anticipated load.
    (ii) The test must consist of:
    (A) Hoisting the test load a few inches and holding to verify that 
the load is supported by the derrick and held by the hoist brake(s).
    (B) Swinging the derrick, if applicable, the full range of its 
swing, at

[[Page 48169]]

the maximum allowable working radius for the test load.
    (C) Booming the derrick up and down within the allowable working 
radius for the test load.
    (D) Lowering, stopping and holding the load with the brake(s).
    (iii) The derrick must not be used unless the competent person 
determines that the test has been passed.
    (4) Documentation. Tests conducted under this paragraph must be 
documented. The document must contain the date, test results and the 
name of the tester. The document must be retained until the derrick is 
re-tested or dismantled, whichever occurs first. All such documents 
must be available, during the applicable document retention period, to 
all persons who conduct inspections in accordance with Sec.  1926.1412.
    (h) Load testing repaired or modified derricks. Derricks that have 
had repairs, modifications or additions affecting the derrick's 
capacity or safe operation must be evaluated by a qualified person to 
determine if a load test is necessary. If it is, load testing must be 
conducted and documented in accordance with paragraph (g) of this 
section.
    (i) [Reserved.]
    (j) Power failure procedures. If power fails during operations, the 
derrick operator must safely stop operations. This must include:
    (1) Setting all brakes or locking devices.
    (2) Moving all clutch and other power controls to the off position.
    (k) Use of winch heads.
    (1) Ropes must not be handled on a winch head without the knowledge 
of the operator.
    (2) While a winch head is being used, the operator must be within 
reach of the power unit control lever.
    (l) [Reserved.]
    (m) Securing the boom.
    (1) When the boom is being held in a fixed position, dogs, pawls, 
or other positive holding mechanisms on the boom hoist must be engaged.
    (2) When taken out of service for 30 days or more, the boom must be 
secured by one of the following methods:
    (i) Laid down.
    (ii) Secured to a stationary member, as nearly under the head as 
possible, by attachment of a sling to the load block.
    (iii) For guy derricks, lifted to a vertical position and secured 
to the mast.
    (iv) For stiffleg derricks, secured against the stiffleg.
    (n) The process of jumping the derrick must be supervised by the A/
D director.
    (o) Derrick operations must be supervised by a competent person.
    (p) Inspections. In addition to the requirements in Sec.  
1926.1412, the following additional items must be included in the 
inspections:
    (1) Daily: Guys for proper tension.
    (2) Annual.
    (i) Gudgeon pin for cracks, wear, and distortion.
    (ii) Foundation supports for continued ability to sustain the 
imposed loads.
    (q) Qualification and Training. The employer must train each 
operator of a derrick on the safe operation of equipment the individual 
will operate. Section 1926.1427 of this subpart (Operator qualification 
and certification) does not apply.


Sec.  1926.1437  Floating cranes/derricks and land cranes/derricks on 
barges.

    (a) This section contains supplemental requirements for floating 
cranes/derricks and land cranes/derricks on barges, pontoons, vessels 
or other means of flotation (i.e., vessel/flotation device). The 
sections of this subpart apply to floating cranes/derricks and land 
cranes/derricks on barges, pontoons, vessels or other means of 
flotation, unless specified otherwise. The requirements of this section 
do not apply when using jacked barges when the jacks are deployed to 
the river, lake, or sea bed and the barge is fully supported by the 
jacks.
    (b) General requirements. The requirements in paragraphs (c) 
through (k) of this section apply to both floating cranes/derricks and 
land cranes/derricks on barges, pontoons, vessels or other means of 
flotation.
    (c) Work area control.
    (1) The requirements of Sec.  1926.1424 (Work area control) apply, 
except for Sec.  1926.1424(a)(2)(ii).
    (2) The employer must either:
    (i) Erect and maintain control lines, warning lines, railings or 
similar barriers to mark the boundaries of the hazard areas; or
    (ii) Clearly mark the hazard areas by a combination of warning 
signs (such as, ``Danger--Swing/Crush Zone'') and high visibility 
markings on the equipment that identify the hazard areas. In addition, 
the employer must train each employee to understand what these markings 
signify.
    (d) Keeping clear of the load. Section 1926.1425 does not apply.
    (e) Additional safety devices. In addition to the safety devices 
listed in Sec.  1926.1415, the following safety devices are required:
    (1) Barge, pontoon, vessel or other means of flotation list and 
trim device. The safety device must be located in the cab or, when 
there is no cab, at the operator's station.
    (2) Positive equipment house lock.
    (3) Wind speed and direction indicator. A competent person must 
determine if wind is a factor that needs to be considered; if wind 
needs to be considered, a wind speed and direction indicator must be 
used.
    (f) Operational aids.
    (1) An anti two-block device is required only when hoisting 
personnel or hoisting over an occupied cofferdam or shaft.
    (2) Section 1926.1416(e)(4) (Load weighing and similar devices) 
does not apply to dragline, clamshell (grapple), magnet, drop ball, 
container handling, concrete bucket, and pile driving work performed 
under this section.
    (g) Accessibility of procedures applicable to equipment operation. 
If the crane/derrick has a cab, the requirements of Sec.  1926.1417(c) 
apply. If the crane/derrick does not have a cab, the employer must 
ensure that:
    (1) Rated capacities (load charts) are posted at the operator's 
station. If the operator's station is moveable (such as with pendant-
controlled equipment), the load charts are posted on the equipment.
    (2) Procedures applicable to the operation of the equipment (other 
than load charts), recommended operating speeds, special hazard 
warnings, instructions and operators manual, must be readily available 
on board the vessel/flotation device.
    (h) Inspections. In addition to meeting the requirements of Sec.  
1926.1412 for inspecting the crane/derrick, the employer must inspect 
the barge, pontoons, vessel or other means of flotation used to support 
a floating crane/derrick or land crane/derrick, and ensure that:
    (1) Shift. For each shift inspection, the means used to secure/
attach the equipment to the vessel/flotation device is in proper 
condition, including wear, corrosion, loose or missing fasteners, 
defective welds, and (when applicable) insufficient tension.
    (2) Monthly. For each monthly inspection:
    (i) The means used to secure/attach the equipment to the vessel/
flotation device is in proper condition, including inspection for wear, 
corrosion, and, when applicable, insufficient tension.
    (ii) The vessel/flotation device is not taking on water.
    (iii) The deckload is properly secured.
    (iv) The vessel/flotation device is watertight based on the 
condition of the chain lockers, storage, fuel compartments, and 
hatches.
    (v) The firefighting and lifesaving equipment is in place and 
functional.

[[Page 48170]]

    (3) The shift and monthly inspections are conducted by a competent 
person, and:
    (i) If any deficiency is identified, an immediate determination is 
made by a qualified person whether the deficiency constitutes a hazard.
    (ii) If the deficiency is determined to constitute a hazard, the 
vessel/flotation device is removed from service until the deficiency 
has been corrected.
    (4) Annual: external vessel/flotation device inspection. For each 
annual inspection:
    (i) The external portion of the barge, pontoons, vessel or other 
means of flotation used is inspected annually by a qualified person who 
has expertise with respect to vessels/flotation devices and that the 
inspection includes the following items:
    (A) The items identified in paragraphs (h)(1) (Shift) and (h)(2) 
(Monthly) of this section.
    (B) Cleats, bitts, chocks, fenders, capstans, ladders, and 
stanchions, for significant corrosion, wear, deterioration, or 
deformation that could impair the function of these items.
    (C) External evidence of leaks and structural damage; evidence of 
leaks and damage below the waterline may be determined through internal 
inspection of the vessel/flotation device.
    (D) Four-corner draft readings.
    (E) Firefighting equipment for serviceability.
    (ii) Rescue skiffs, lifelines, work vests, life preservers and ring 
buoys are inspected for proper condition.
    (iii) If any deficiency is identified, an immediate determination 
is made by the qualified person whether the deficiency constitutes a 
hazard or, though not yet a hazard, needs to be monitored in the 
monthly inspections.
    (A) If the qualified person determines that the deficiency 
constitutes a hazard, the vessel/flotation device is removed from 
service until it has been corrected. See requirements in Sec.  
1926.1417(f).
    (B) If the qualified person determines that, though not presently a 
hazard, the deficiency needs to be monitored, the deficiency is checked 
in the monthly inspections.
    (5) Four-year: internal vessel/flotation device inspection. For 
each four-year inspection:
    (i) A marine engineer, marine architect, licensed surveyor, or 
other qualified person who has expertise with respect to vessels/
flotation devices surveys the internal portion of the barge, pontoons, 
vessel, or other means of flotation.
    (ii) If the surveyor identifies a deficiency, an immediate 
determination is made by the surveyor as to whether the deficiency 
constitutes a hazard or, though not yet a hazard, needs to be monitored 
in the monthly or annual inspections, as appropriate.
    (A) If the surveyor determines that the deficiency constitutes a 
hazard, the vessel/flotation device is removed from service until it 
has been corrected.
    (B) If the surveyor determines that, though not presently a hazard, 
the deficiency needs to be monitored, the deficiency is checked in the 
monthly or annual inspections, as appropriate.
    (6) Documentation. The monthly and annual inspections required in 
paragraphs (h)(2) and (h)(4) of this section are documented in 
accordance with Sec. Sec.  1926.1412 (e)(3) and 1926.1412(f)(7), 
respectively, and that the four-year inspection required in paragraph 
(h)(5) of this section is documented in accordance with Sec.  
1926.1412(f)(7), except that the documentation for that inspection must 
be retained for a minimum of 4 years. All such documents must be made 
available, during the applicable document retention period, to all 
persons who conduct inspections in accordance with Sec.  1926.1412.
    (i) [Reserved.]
    (j) Working with a diver. The employer must meet the following 
additional requirements when working with a diver in the water:
    (1) If a crane/derrick is used to get a diver into and out of the 
water, it must not be used for any other purpose until the diver is 
back on board. When used for more than one diver, it must not be used 
for any other purpose until all divers are back on board.
    (2) The operator must remain at the controls of the crane/derrick 
at all times.
    (3) In addition to the requirements in Sec. Sec.  1926.1419 through 
1926.1422 (Signals), either:
    (i) A clear line of sight must be maintained between the operator 
and tender; or
    (ii) The signals between the operator and tender must be 
transmitted electronically.
    (4) The means used to secure the crane/derrick to the vessel/
flotation device (see paragraph (n)(5) of this section) must not allow 
any amount of shifting in any direction.
    (k) Manufacturer's specifications and limitations.
    (1) The employer must ensure that the barge, pontoons, vessel, or 
other means of flotation must be capable of withstanding imposed 
environmental, operational and in-transit loads when used in accordance 
with the manufacturer's specifications and limitations.
    (2) The employer must ensure that the manufacturer's specifications 
and limitations with respect to environmental, operational, and in-
transit loads for a barge, pontoon, vessel, or other means of flotation 
are not exceeded or violated.
    (3) When the manufacturer's specifications and limitations are 
unavailable, the employer must ensure that the specifications and 
limitations established by a qualified person with respect to 
environmental, operational and in-transit loads for the barge, 
pontoons, vessel, or other means of flotation are not exceeded or 
violated.
    (l) [Reserved.]
    (m) Floating cranes/derricks. For equipment designed by the 
manufacturer (or employer) for marine use by permanent attachment to 
barges, pontoons, vessels or other means of flotation:
    (1) Load charts.
    (i) The employer must not exceed the manufacturer load charts 
applicable to operations on water. When using these charts, the 
employer must comply with all parameters and limitations (such as 
dynamic and environmental parameters) applicable to the use of the 
charts.
    (ii) The employer must ensure that load charts take into 
consideration a minimum wind speed of 40 miles per hour.
    (2) The employer must ensure that the requirements for maximum 
allowable list and maximum allowable trim as specified in Table M1 of 
this section are met.

                                Table M1
------------------------------------------------------------------------
                                                     Maximum    Maximum
                                                    allowable  allowable
                  Rated capacity                       list       trim
                                                    (degrees)  (degrees)
------------------------------------------------------------------------
Equipment designed for marine use by permanent
 attachment (other than derricks):
25 tons or less...................................          5          5
Over 25 tons......................................          7          7
Derricks designed for marine use by permanent
 attachment:
Any rated capacity................................         10         10
------------------------------------------------------------------------

    (3) The employer must ensure that the equipment is stable under the 
conditions specified in Tables M2 and M3 of this section. (Note: 
Freeboard is the vertical distance between the water line and the main 
deck of the vessel.)

[[Page 48171]]



                                Table M2
------------------------------------------------------------------------
                                                       Wind     Minimum
                    Operated at                       speed    freeboard
                                                      (mph)       (ft)
------------------------------------------------------------------------
Rated capacity....................................         60          2
Rated capacity plus 25%...........................         60          1
High boom, no load................................         60          2
------------------------------------------------------------------------


                                Table M3
------------------------------------------------------------------------
                 Operated at                          Wind speed
------------------------------------------------------------------------
For backward stability of the boom:
High boom, no load, full back list (least     90 mph.
 stable condition).
------------------------------------------------------------------------

    (4) If the equipment is employer-made, it must not be used unless 
the employer has documents demonstrating that the load charts and 
applicable parameters for use meet the requirements of paragraphs 
(m)(1) through (3) of this section. Such documents must be signed by a 
registered professional engineer who is a qualified person with respect 
to the design of this type of equipment (including the means of 
flotation).
    (5) The employer must ensure that the barge, pontoons, vessel or 
other means of flotation used:
    (i) Are structurally sufficient to withstand the static and dynamic 
loads of the crane/derrick when operating at the crane/derrick's 
maximum rated capacity with all planned and actual deck loads and 
ballasted compartments.
    (ii) Have a subdivided hull with one or more longitudinal 
watertight bulkheads for reducing the free-surface effect.
    (iii) Have access to void compartments to allow for inspection and 
pumping.
    (n) Land cranes/derricks. For land cranes/derricks used on barges, 
pontoons, vessels or other means of flotation, the employer must ensure 
that:
    (1) The rated capacity of the equipment (including but not limited 
to modification of load charts) applicable for use on land is reduced 
to:
    (i) Account for increased loading from list, trim, wave action, and 
wind.
    (ii) Be applicable to a specified location(s) on the specific 
barge, pontoons, vessel or other means of flotation that will be used, 
under the environmental conditions expected and encountered.
    (iii) The conditions required in paragraphs (n)(3) and (n)(4) of 
this section are met.
    (2) The rated capacity modification required in paragraph (n)(1) of 
this section is performed by the equipment manufacturer, or a qualified 
person who has expertise with respect to both land crane/derrick 
capacity and the stability of vessels/flotation devices.
    (3) For list and trim.
    (i) The maximum allowable list and the maximum allowable trim for 
the barge, pontoon, vessel or other means of flotation must not exceed 
the amount necessary to ensure that the conditions in paragraph (n)(4) 
of this section are met. In addition, the maximum allowable list and 
the maximum allowable trim does not exceed the least of the following: 
5 degrees, the amount specified by the crane/derrick manufacturer, or, 
when, an amount is not so specified, the amount specified by the 
qualified person.
    (ii) The maximum allowable list and the maximum allowable trim for 
the land crane/derrick does not exceed the amount specified by the 
crane/derrick manufacturer, or, when, an amount is not so specified, 
the amount specified by the qualified person.
    (4) For the following conditions:
    (i) All deck surfaces of the barge, pontoons, vessel or other means 
of flotation used are above water.
    (ii) The entire bottom area of the barge, pontoons, vessel or other 
means of flotation used is submerged.
    (5) Physical attachment, corralling, rails system and centerline 
cable system meet the requirements in Option (1), Option (2), Option 
(3), or Option (4) of this section, and that whichever option is used 
also meets the requirements of paragraph (n)(5)(v) of this section.
    (i) Option (1)--Physical attachment. The crane/derrick is 
physically attached to the barge, pontoons, vessel or other means of 
flotation. Methods of physical attachment include crossed-cable systems 
attached to the crane/derrick and vessel/flotation device, bolting or 
welding the crane/derrick to the vessel/flotation device, strapping the 
crane/derrick to the vessel/flotation device with chains, or other 
methods of physical attachment.
    (ii) Option (2)--Corralling. The crane/derrick is prevented from 
shifting by installing barricade restraints (i.e., a corralling 
system). Employers must ensure that corralling systems do not allow the 
equipment to shift by any amount of shifting in any direction.
    (iii) Option (3)--Rails. The crane/derrick must be prevented from 
shifting by being mounted on a rail system. Employers must ensure that 
rail clamps and rail stops are used unless the system is designed to 
prevent movement during operation by other means.
    (iv) Option (4)--Centerline cable system. The crane/derrick is 
prevented from shifting by being mounted to a wire rope system. The 
employer must ensure that the wire rope system meets the following 
requirements:
    (A) The wire rope and attachments are of sufficient size and 
strength to support the side load of crane/derrick.
    (B) The wire rope is attached physically to the vessel/flotation 
device.
    (C) The wire rope is attached to the crane/derrick by appropriate 
attachment methods (such as shackles or sheaves) on the undercarriage, 
and that the method used will allow the crew to secure the crane/
derrick from movement during operation and to move the crane/derrick 
longitudinally along the vessel/flotation device for repositioning.
    (D) Means are installed to prevent the crane/derrick from passing 
the forward or aft end of the wire rope attachments.
    (E) The crane/derrick is secured from movement during operation.
    (v) The systems/means used to comply with Option (1), Option (2), 
Option (3), or Option (4) of this section are designed by a marine 
engineer, registered professional engineer familiar with floating 
crane/derrick design, or qualified person familiar with floating crane/
derrick design.
    (6) Exception. For mobile auxiliary cranes used on the deck of a 
floating crane/derrick, the requirement specified by paragraph (n)(5) 
of this section to use Option (1), Option (2), Option (3), or Option 
(4) does not apply when the employer demonstrates implementation of a 
plan and procedures that meet the following requirements:
    (i) A marine engineer or registered professional engineer familiar 
with floating crane/derrick design develops and signs a written plan 
for the use of the mobile auxiliary crane.
    (ii) The plan is designed so that the applicable requirements of 
this section are met despite the position, travel, operation, and lack 
of physical attachment (or corralling, use of rails or cable system) of 
the mobile auxiliary crane.
    (iii) The plan specifies the areas of the deck where the mobile 
auxiliary crane is permitted to be positioned, travel, and operate, and 
the parameters and limitations of such movements and operation.
    (iv) The deck is marked to identify the permitted areas for 
positioning, travel, and operation.
    (v) The plan specifies the dynamic and environmental conditions 
that must be present for use of the plan.
    (vi) If the dynamic and environmental conditions in paragraph 
(n)(6)(v) of this section are exceeded, the mobile auxiliary crane is 
attached physically or corralled in accordance with Option (1),

[[Page 48172]]

Option (2) or Option (4) of paragraph (n)(5) of this section.
    (7) The barge, pontoons, vessel or other means of flotation used:
    (i) Are structurally sufficient to withstand the static and dynamic 
loads of the crane/derrick when operating at the crane/derrick's 
maximum rated capacity with all anticipated deck loads and ballasted 
compartments.
    (ii) Have a subdivided hull with one or more longitudinal 
watertight bulkheads for reducing the free surface effect.
    (iii) Have access to void compartments to allow for inspection and 
pumping.


Sec.  1926.1438  Overhead & gantry cranes.

    (a) Permanently installed overhead and gantry cranes. The 
requirements of Sec.  1910.179, except for Sec.  1910.179(b)(1), and 
not the requirements of this subpart CC, apply to the following 
equipment when used in construction and permanently installed in a 
facility: overhead and gantry cranes, including semigantry, cantilever 
gantry, wall cranes, storage bridge cranes, and others having the same 
fundamental characteristics.
    (b) Overhead and gantry cranes that are not permanently installed 
in a facility.
    (1) This paragraph applies to the following equipment when used in 
construction and not permanently installed in a facility: Overhead and 
gantry cranes, overhead/bridge cranes, semigantry, cantilever gantry, 
wall cranes, storage bridge cranes, launching gantry cranes, and 
similar equipment having the same fundamental characteristics, 
irrespective of whether it travels on tracks, wheels, or other means.
    (2) The following requirements apply to equipment identified in 
paragraph (b)(1) of this section:
    (i) Sections 1926.1400 through 1926.1414; Sec. Sec.  1926.1417 
through 1926.1425; Sec.  1926.1426(d), Sec. Sec.  1926.1427 through 
1926.1434; Sec.  1926.1437, Sec.  1926.1439, and Sec.  1926.1441.
    (ii) The following portions of Sec.  1910.179:
    (A) Paragraphs (b)(5),(6),(7); (e)(1),(3),(5),(6); (f)(1),(4); (g); 
(h)(1),(3); (k); and (n) of Sec.  1910.179.
    (B) The definitions in Sec.  1910.179(a) except for ``hoist'' and 
``load.'' For those words, the definitions in Sec.  1926.1401 apply.
    (C) Section 1910.179(b)(2), but only where the equipment identified 
in paragraph (b)(1) of this section (Sec.  1926.1438) was manufactured 
before September 19, 2001.
    (iii) For equipment manufactured on or after September 19, 2001, 
the following sections of ASME B30.2-2005 (incorporated by reference, 
see Sec.  1926.6) apply: 2-1.3.1; 2-1.3.2; 2-1.4.1; 2-1.6; 2-1.7.2; 2-
1.8.2; 2-1.9.1; 2-1.9.2; 2-1.11; 2-1.12.2; 2-1.13.7; 2-1.14.2; 2-
1.14.3; 2-1.14.5; 2-1.15.; 2-2.2.2; 2-3.2.1.1. In addition, 2-3.5 
applies, except in 2-3.5.1(b), ``29 CFR 1910.147'' is substituted for 
``ANSI Z244.1.''


Sec.  1926.1439  Dedicated pile drivers.

    (a) The provisions of subpart CC apply to dedicated pile drivers, 
except as specified in this section.
    (b) Section 1926.1416(d)(3) (Anti two-blocking device) does not 
apply.
    (c) Section 1926.1416(e)(4) (Load weighing and similar devices) 
applies only to dedicated pile drivers manufactured after November 8, 
2011.
    (d) In Sec.  1926.1433, only Sec. Sec.  1926.1433(d) and (e) apply 
to dedicated pile drivers.


Sec.  1926.1440  Sideboom cranes.

    (a) The provisions of this standard apply, except Sec.  1926.1402 
(Ground conditions), Sec.  1926.1415 (Safety devices), Sec.  1926.1416 
(Operational aids), and Sec.  1926.1427 (Operator qualification and 
certification).
    (b) Section 1926.1426 (Free fall and controlled load lowering) 
applies, except Sec.  1926.1426(a)(2)(i). Sideboom cranes in which the 
boom is designed to free fall (live boom) are permitted only if 
manufactured prior to November 8, 2010.
    (c) Sideboom cranes mounted on wheel or crawler tractors must meet 
all of the following requirements of ASME B30.14-2004 (incorporated by 
reference, see Sec.  1926.6):
    (1) Section 14-1.1 (``Load Ratings'').
    (2) Section 14-1.3 (``Side Boom Tractor Travel'').
    (3) Section 14-1.5 (``Ropes and Reeving Accessories'').
    (4) Section 14-1.7.1 (``Booms'').
    (5) Section 14-1.7.2 (``General Requirements--Exhaust Gases'').
    (6) Section 14-1.7.3 (``General Requirements--Stabilizers (Wheel-
Type Side Boom Tractors)'').
    (7) Section 14-1.7.4 (``General Requirements--Welded 
Construction'').
    (8) Section 14-1.7.6 (``General Requirements--Clutch and Brake 
Protection'').
    (9) Section 14-2.2.2 (``Testing--Rated Load Test''), except that it 
applies only to equipment that has been altered or modified.
    (10) In section 14-3.1.2 (``Operator Qualifications''), paragraph 
(a), except the phrase ``When required by law.''
    (11) In section 14-3.1.3 (``Operating Practices''), paragraphs (e), 
(f)(1)--(f)(4), (f)(6), (f)(7), (h), and (i).
    (12) In section 14-3.2.3 (``Moving the Load''), paragraphs (j), 
(l), and (m).


Sec.  1926.1441  Equipment with a rated hoisting/lifting capacity of 
2,000 pounds or less.

    The following paragraphs of this section specify requirements for 
employers using equipment with a maximum rated hoisting/lifting 
capacity of 2,000 pounds or less.
    (a) The employer using this equipment must comply with the 
following provisions of this subpart: Sec.  1926.1400 (Scope); Sec.  
1926.1401 (Definitions); Sec.  1926.1402 (Ground conditions); Sec.  
1926.1403 (Assembly/disassembly--selection of manufacturer or employer 
procedures); Sec.  1926.1406 (Assembly/disassembly--employer 
procedures); Sec. Sec.  1926.1407 through 1926.1411 (Power line 
safety); Sec.  1926.1412(c) (Post-assembly); Sec. Sec.  1926.1413 
through 1926.1414 (Wire rope); Sec.  1926.1418 (Authority to stop 
operation); Sec. Sec.  1926.1419 through 1926.1422 (Signals); Sec.  
1926.1423 (Fall protection); Sec.  1926.1425 (Keeping clear of the 
load) (except for Sec.  1926.1425(c)(3) (qualified rigger)); Sec.  
1926.1426 (Free fall and controlled load lowering); Sec.  1926.1432 
(Multiple crane/derrick lifts--supplemental requirements); Sec.  
1926.1434 (Equipment modifications); Sec.  1926.1435 (Tower cranes); 
Sec.  1926.1436 (Derricks); Sec.  1926.1437 (Floating cranes/derricks 
and land cranes/derricks on barges); Sec.  1926.1438 (Overhead & gantry 
cranes).
    (b) Assembly/disassembly.
    (1) In addition to compliance with Sec. Sec.  1926.1403 (Assembly/
disassembly--selection of manufacturer or employer procedures) and 
1926.1406 (Assembly/disassembly--employer procedures), the employer 
must also comply with Sec.  1926.1441(b)(2)-(3).
    (2) Components and configuration. The employer must ensure that:
    (i) The selection of components, and the configuration of the 
equipment, that affect the capacity or safe operation of the equipment 
complies with either the:
    (A) Manufacturer instructions, recommendations, limitations, and 
specifications. When these documents and information are unavailable, a 
registered professional engineer familiar with the type of equipment 
involved must approve, in writing, the selection and configuration of 
components; or
    (B) Approved modifications that meet the requirements of Sec.  
1926.1434 (Equipment modifications).
    (ii) Post-assembly inspection. Upon completion of assembly, the 
equipment is inspected to ensure that it is in compliance with 
paragraph (b)(2)(i) of

[[Page 48173]]

this section (see Sec.  1926.1412(c) for post-assembly inspection 
requirements).
    (3) Manufacturer prohibitions. The employer must comply with 
applicable manufacturer prohibitions.
    (c) Operation--procedures.
    (1) The employer must comply with all manufacturer procedures 
applicable to the operational functions of the equipment, including its 
use with attachments.
    (2) Unavailable operation procedures. The employer must:
    (i) When the manufacturer's procedures are unavailable, develop, 
and ensure compliance with, all procedures necessary for the safe 
operation of the equipment and attachments.
    (ii) Ensure that procedures for the operational controls are 
developed by a qualified person.
    (iii) Ensure that procedures related to the capacity of the 
equipment are developed and signed by a registered professional 
engineer familiar with the equipment.
    (3) Accessibility. The employer must ensure that:
    (i) The load chart is available to the operator at the control 
station;
    (ii) Procedures applicable to the operation of the equipment, 
recommended operating speeds, special hazard warnings, instructions, 
and operator's manual are readily available for use by the operator.
    (iii) When rated capacities are available at the control station 
only in electronic form and a failure occurs that makes the rated 
capacities inaccessible, the operator immediately ceases operations or 
follows safe shut-down procedures until the rated capacities (in 
electronic or other form) are available.
    (d) Safety devices and operational aids.
    (1) The employer must ensure that safety devices and operational 
aids that are part of the original equipment are maintained in 
accordance with manufacturer procedures.
    (2) Anti two-blocking. The employer must ensure that equipment 
covered by this section manufactured more than one year after November 
8, 2010 have either an anti two-block device that meets the 
requirements of Sec.  1926.1416(d)(3), or is designed so that, in the 
event of a two-block situation, no damage or load failure will occur 
(for example, by using a power unit that stalls in response to a two-
block situation).
    (e) Operator qualifications. The employer must train each operator, 
prior to operating the equipment, on the safe operation of the type of 
equipment the operator will be using.
    (f) Signal person qualifications. The employer must train each 
signal person in the proper use of signals applicable to the use of the 
equipment.
    (g) [Reserved.]
    (h) Inspections. The employer must ensure that equipment is 
inspected in accordance with manufacturer procedures.
    (i) [Reserved.]
    (j) Hoisting personnel. The employer must ensure that equipment 
covered by this section is not used to hoist personnel.
    (k) Design. The employer must ensure that the equipment is designed 
by a qualified engineer.


Sec.  1926.1442  Severability.

    Should a court of competent jurisdiction hold any provision(s) of 
subpart CC to be invalid, such action shall not affect any other 
provision of the subpart.
BILLING CODE 4510-26-P

Appendix A to Subpart CC of Part 1926--Standard Hand Signals

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Appendix B to Subpart CC of Part 1926--Assembly/Disassembly: Sample 
Procedures for Minimizing the Risk of Unintended Dangerous Boom 
Movement

    1. Section 1926.1404(f)(1) provides that when pins (or similar 
devices) are being removed, employees must not be under the boom, 
jib, or other components, except where the requirements of Sec.  
1926.1404(f)(2) are met. The exception in Sec.  1926.1404(f)(2) 
applies when the employer demonstrates that site constraints require 
one or more employees to be under the boom, jib, or other components 
when pins (or similar devices) are being removed. In such a 
situation, the A/D director must implement procedures that minimize 
the risk of unintended dangerous movement and minimize the duration 
and extent of exposure under the boom.
    The following scenario is an example of how the exception 
applies: A boom cannot be disassembled on the ground because of 
aboveground piping (as might be found, for example, in an oil 
refinery) that precludes lowering the boom to the ground. The boom 
must therefore be disassembled in the air, and the employees who 
remove the pins must perform that work from an aerial lift whose 
base is positioned on one side (the near side) of the boom. To gain 
access to the pins on the far side, the aerial lift basket must move 
under the boom, since, due to lack of room, the aerial lift cannot 
be repositioned on the far side. Due to lack of room, the aerial 
lift cannot be repositioned on the far side, so the aerial basket 
must move under the boom to gain access to the pins on the far side.
    To minimize the risk of unintended dangerous movement while the 
pins are removed, the A/D director uses an assist crane that is 
rigged to support the boom section that is being detached, using 
particular care to ensure that the section end that is near the 
employee(s) removing the pins is well supported. The duration and 
extent of exposure is minimized by removing the far side pins first, 
moving the aerial lift basket as soon as possible to the near side 
so that the employees are no longer under the boom, and then 
removing the near side pins.
    2. Section 1926.1404(h)(6)(i) provides that, during assembly/
disassembly, the center of gravity of the load must be identified if 
that is necessary for the method used for maintaining stability. 
Section 1926.1404(h)(6)(ii) states that, where there is insufficient 
information to accurately identify the center of gravity, measures 
designed to prevent unintended dangerous movement resulting from an 
inaccurate

[[Page 48176]]

identification of the center of gravity must be used.
    An example of the application of Sec.  1926.1404(h)(6)(ii) is as 
follows: The boom is assembled by lowering boom sections 
sequentially into place using an assist crane. The A/D director's 
plan is to keep the boom sections stable while they are lowered into 
place by attaching the assist crane hoist line above the center of 
gravity of each section. However, in assembling the non-symmetrical 
top section of the boom, the A/D director is not able to determine 
where to attach the assist crane hoist line so that it is above the 
center of gravity. In this situation, before raising the section, 
all personnel are kept clear of the section and the section is first 
raised a few inches to determine whether it tips when raised (if it 
did tip, it would indicate it is not rigged over the center of 
gravity). If this occurs, the hoist line is repositioned and the 
procedure repeated (with employees kept clear of the section while 
it is raised) until the A/D director determines that it is rigged 
over the center of gravity and can be moved into place without 
dangerous movement.

Appendix C to Subpart CC of Part 1926--Operator Certification: Written 
Examination: Technical Knowledge Criteria

    This appendix contains information for employers, accredited 
testing organizations, auditors and government entities developing 
criteria for a written examination to test an individual's technical 
knowledge relating to the operation of cranes.
    (a) General technical information.
    (1) The functions and limitations of the crane and attachments.
    (2) Wire rope:
    (i) Background information necessary to understand the 
inspection and removal from service criteria in Sec.  1926.1413 and 
Sec.  1926.1414.
    (ii) Capacity and when multi-part rope is needed.
    (iii) Relationship between line pull and safe working load.
    (iv) How to determine the manufacturer's recommended rope for 
the crane.
    (3) Rigging devices and their use, such as:
    (i) Slings.
    (ii) Spreaders.
    (iii) Lifting beams.
    (iv) Wire rope fittings, such as clips, shackles and wedge 
sockets.
    (v) Saddles (softeners).
    (vi) Clamps (beams).
    (4) The technical limitations of protective measures against 
electrical hazards:
    (i) Grounding.
    (ii) Proximity warning devices.
    (iii) Insulated links.
    (iv) Boom cages.
    (v) Proximity to electric power lines, radii, and microwave 
structures.
    (5) The effects of load share and load transfer in multi-crane 
lifts.
    (6) Basic crane terms.
    (7) The basics of machine power flow systems.
    (i) Mechanical.
    (ii) Electrical.
    (iii) Pneumatic.
    (iv) Hydraulic.
    (v) Combination.
    (8) The significance of the instruments and gauge readings.
    (9) The effects of thermal expansion and contraction in 
hydraulic cylinders.
    (10) Background information necessary to understand the 
requirements of pre-operation and inspection.
    (11) How to use the safety devices and operational aids required 
under Sec.  1926.1415 and Sec.  1926.1416.
    (12) The difference between duty-cycle and lifting operations.
    (13) How to calculate net capacity for every possible 
configuration of the equipment using the manufacturer's load chart.
    (14) How to use manufacturer-approved attachments and their 
effect on the equipment.
    (15) How to obtain dimensions, weight, and center of gravity of 
the load.
    (16) The effects of dynamic loading from:
    (i) Wind.
    (ii) Stopping and starting.
    (iii) Impact loading.
    (iv) Moving with the load.
    (17) The effect of side loading.
    (18) The principles of backward stability.
    (b) Site information.
    (1) How to identify the suitability of the supporting ground/
surface to support the expected loads of the operation. Elements 
include:
    (i) Weaknesses below the surface (such as voids, tanks, loose 
fill).
    (ii) Weaknesses on the surface (such as retaining walls, slopes, 
excavations, depressions).
    (2) Proper use of mats, blocking/cribbing, outriggers, 
stabilizers, or crawlers.
    (3) Identification of site hazards such as power lines, piping, 
and traffic.
    (4) How to review operation plans with supervisors and other 
workers (such as the signal person), including how to determine 
working height, boom length, load radius, and travel clearance.
    (5) How to determine if there is adequate room for extension of 
crawlers or outriggers/stabilizers and counterweights.
    (c) Operations.
    (1) How to pick, carry, swing and place the load smoothly and 
safely on rubber tires and on outriggers/stabilizers or crawlers 
(where applicable).
    (2) How to communicate at the site with supervisors, the crew 
and the signal person.
    (3) Proper procedures and methods of reeving wire ropes and 
methods of reeving multiple-part lines and selecting the proper load 
block and/or ball.
    (4) How to react to changes in conditions that affect the safe 
operation of the equipment.
    (5) How to shut down and secure the equipment properly when 
leaving it unattended.
    (6) Know how to apply the manufacturer's specifications for 
operating in various weather conditions, and understand how 
environmental conditions affect the safe operation of the equipment.
    (7) How to properly level the equipment.
    (8) How to verify the weight of the load and rigging prior to 
initiating the lift.
    (9) How to determine where the load is to be picked up and 
placed and how to verify the radii.
    (10) Know basic rigging procedures.
    (11) How to carry out the shift inspection required in this 
subpart.
    (12) Know that the following operations require specific 
procedures and skill levels:
    (i) Multi-crane lifts.
    (ii) Hoisting personnel.
    (iii) Clamshell/dragline operations.
    (iv) Pile driving and extracting.
    (v) Concrete operations, including poured-in-place and tilt-up.
    (vi) Demolition operations.
    (vii) Operations on water.
    (viii) Magnet operations.
    (ix) Multi-drum operations.
    (13) Know the proper procedures for operating safely under the 
following conditions:
    (i) Traveling with suspended loads.
    (ii) Approaching a two-block condition.
    (iii) Operating near power lines.
    (iv) Hoisting personnel.
    (v) Using other than full outrigger/crawler or stabilizer 
extensions.
    (vi) Lifting loads from beneath the surface of the water.
    (vii) Using various approved counterweight configurations.
    (viii) Handling loads out of the operator's vision (``operating 
in the blind'').
    (ix) Using electronic communication systems for signal 
communication.
    (14) Know the proper procedures for load control and the use of 
hand-held tag lines.
    (15) Know the emergency response procedure for:
    (i) Fires.
    (ii) Power line contact.
    (iii) Loss of stability.
    (iv) Control malfunction.
    (v) Two-blocking.
    (vi) Overload.
    (vii) Carrier or travel malfunction.
    (16) Know how to properly use outriggers and stabilizers in 
accordance with manufacturer specifications.
    (d) Use of load charts.
    (1) Know the terminology necessary to use load charts.
    (2) Know how to ensure that the load chart is the appropriate 
chart for the equipment in its particular configuration and 
application.
    (3) Know how to use load charts. This includes knowing:
    (i) The operational limitations of load charts and footnotes.
    (ii) How to relate the chart to the configuration of the crane, 
crawlers, or outriggers/stabilizers extended or retracted, jib 
erected or offset, and various counterweight configurations.
    (iii) The difference between structural capacity and capacity 
limited by stability.
    (iv) What is included in capacity ratings.
    (v) The range diagram and its relationship to the load chart.
    (vi) The work area chart and its relationship to the load chart.
    (vii) Where to find and how to use the ``parts-of-line'' 
information.

[[Page 48177]]

    (4) Know how to use the load chart together with the load 
indicators and/or load moment devices.

[FR Doc. 2010-17818 Filed 7-28-10; 8:45 am]
BILLING CODE 4510-26-P