[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Proposed Rules]               
[Page 59713-59954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-39]                         
 

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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; Proposed Rule


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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: Proposed rule.

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SUMMARY: OSHA is proposing a rule to protect employees from the hazards 
associated with hoisting equipment when used to perform construction 
activities. Under this proposed rule, employers would first determine 
whether the ground is sufficient to support the anticipated weight of 
hoisting equipment and associated loads. The employer then would be 
required to assess hazards within the work zone that would affect the 
safe operation of hoisting equipment, such as those of power lines and 
objects or personnel that would be within the work zone or swing radius 
of the hoisting equipment. Finally, the employer would be required to 
ensure that the equipment is in safe operating condition via required 
inspections and employees in the work zone are trained to recognize 
hazards associated with the use of the equipment and any related duties 
that they are assigned to perform.

DATES: Submit comments (including comments to the information-
collection (paperwork) determination described under the section titled 
``Supplementary Information'' of this document), hearing requests, and 
other information by December 8, 2008. All submissions must bear a 
postmark or provide other evidence of the submission date. (See the 
following section titled ADDRESSES for methods you can use in making 
submissions.)

ADDRESSES: Comments and hearing requests may be submitted as follows:
     Electronic. Comments may be submitted electronically to 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for submitting comments.
     Facsimile: OSHA allows facsimile transmission of comments 
and hearing requests that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648; hard copies of these documents are not required. Instead of 
transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters may submit 
these attachments, in triplicate hard copy, to the OSHA Docket Office, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210. These attachments must 
clearly identify the sender's name, date, subject, and Docket ID (i.e., 
OSHA-2007-0066) so that the Agency can attach them to the appropriate 
document.
     Regular mail, express delivery, hand (courier) delivery, 
and messenger service: Submit three copies of comments and any 
additional material (e.g., studies, journal articles) to the OSHA 
Docket Office, Docket ID OSHA-2007-0066 or RIN No. 1218-AC01, Technical 
Data Center, Room N-2625, OSHA, Department of Labor, 200 Constitution 
Ave., NW., Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627.) Please contact the OSHA Docket Office for 
information about security procedures concerning delivery of materials 
by express delivery, hand delivery, and messenger service. The hours of 
operation for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
     Instructions. All submissions must include the Agency name 
and the OSHA Docket ID (i.e., OSHA-2007-0066). Comments and other 
material, including any personal information, are placed in the public 
docket without revision, and will be available online at http://
www.regulations.gov. Therefore, the Agency cautions commenters about 
submitting statements they do not want made available to the public, or 
submitting comments that contain personal information (either about 
themselves or others) such as social security numbers, birth dates, and 
medical data.
     Docket. To read or download comments or other material in 
the docket, go to http://www.regulations.gov or to the OSHA Docket 
Office at the address above. Documents in the docket are listed in the 
http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.

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 ``2008.''
     Additional information for submitting documents. See 
section V.I. (``Public Participation'') of this notice.

SUPPLEMENTARY INFORMATION:

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
    B. Hearing
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 Proposed Standard
V. Procedural Determinations
    A. Legal Authority
    B. Preliminary Economic Analysis and Initial 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. Review of the Proposed Standard by the Advisory Committee for 
Construction Safety and Health (ACCSH)
    I. Public Participation--Comments and Hearings

B. Hearing

    Requests for a hearing should be submitted to the Agency as set 
forth above under DATES and ADDRESSES.

II. Background

A. History

    The Occupational Safety and Health Act of 1970 (84 Stat. 1590, 29 
U.S.C.

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651-678) (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 has 
adopted, among others, 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 Section 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 (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 applies to cranes 
and derricks is Sec.  1926.550. That section relies heavily on national 
consensus standards that were in effect in 1971, in some cases 
incorporating the consensus standards by reference. For example, Sec.  
1926.550(b)(2) requires 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, Sec.  1926.550(e) requires 
derricks to meet applicable requirements for design, construction, 
installation, inspection, testing, maintenance, and operation 
prescribed in ANSI B30.6-1969, ``Derricks.'' Since 1971, Sec.  1926.550 
has been amended substantively only twice. In 1988, a new paragraph (g) 
was added to establish clearly the conditions under which employees on 
personnel platforms may be hoisted by cranes and derricks. 53 FR 29116 
(Aug. 2, 1988). In 1993, a new paragraph Sec.  1926.550(a)(19) was 
added to require that all employees be kept clear of lifted and 
suspended loads.
    There have been considerable technological changes since the 1971 
OSHA standard was issued. For example, hydraulic cranes were rare at 
that time but are now prevalent. Although the OSHA standard remains 
largely unchanged, the construction industry has updated the consensus 
standards on which the OSHA standard is based. For example, the 
industry consensus standard for derricks was most recently updated in 
2003, and that for crawler, locomotive and truck cranes in 2004.
    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 their numbers. They emphasized 
that the considerable changes in both work processes and technology 
have made much of Subpart N 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. 
(OSHA-2007-0066-0020). In December 1999, ACCSH recommended to OSHA that 
the agency consider using a negotiated rulemaking process as the 
mechanism to update Subpart N (ACCSH 1999-4, Ex. 100x, p. 112).

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

    In July 2002, OSHA announced its intent 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 issued 
a notice of intent to use negotiated rulemaking for this project and 
establish the Cranes and Derricks Negotiated Rulemaking Advisory 
Committee (``C-DAC'' or ``the Committee'') (67 FR 46612, July 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 bringing different viewpoints to the table and sharing views, 
the members of the 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 who will be subject to the rule and the 
employees who stand to 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 will have already 
received 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 was reached on an issue when not more than two 
non-federal members dissented on that issue.
    In the July 2002 notice of intent to establish a negotiated 
rulemaking committee referred to above, the Agency listed key issues 
that OSHA expected the negotiations to address and the interests that 
OSHA had tentatively identified as being significantly affected by the 
rulemaking. Those 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.

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--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.

    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 urged interested parties 
to communicate with others who shared similar interests and to begin 
organizing coalitions to support those interests in order to identify 
individuals 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 might mean that 
not all interests could be represented on the committee itself. 
However, OSHA further noted that interested persons had means other 
than committee membership available to participate in the committee's 
deliberations, including attending committee meetings and addressing 
the committee, providing written comments to the committee, and 
participating in committee workgroups. 67 FR at 46615.
    In response to its request for public input, the Agency received 
broad support for using negotiated rulemaking and 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 that proposed list. 68 FR 9036 (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. 68 FR 
39879 (July 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 as follows:

           Table 1--The Qualifications of C-DAC Panel 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. Charman, 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/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 programs.
Peter Juhren, Morrow Equipment Company,
 L.L.C. (manufacturers and suppliers).
Title..................................  National Service Manager.
Organization/Interests represented.....  Tower crane distributor/
                                          manufacturer.
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 ten years as
                                          Director of Safety and Health
                                          Training for the Ironworker's
                                          National Fund.

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Brian Murphy, Sundt Corporation
 (employer users).
Title..................................  Vice President and Safety
                                          Director.
Organization/Interests Represented.....  General contractors/crane
                                          owners/users.
Experience.............................  Over 35 years' experience in
                                          the construction industry,
                                          most of them with Sundt.
George R. ``Chip'' Pocock, C.P. Buckner
 Steel Erection (employer users).
Title..................................  Safety and Risk Manager.
Organization/Interests Represented.....  Steel Erection crane user/
                                          employers.
Experience.............................  Over 22 years' experience in
                                          the construction/steel
                                          erection industry.
David Ritchie, St. Paul Companies
 (trainer and operator testing).
Title..................................  Crane and Rigging Specialist.
Organization/Interests Represented.....  Employee Training/Evaluation.
Experience.............................  Over 31 years' experience in
                                          the construction industry.
Emmett Russell, International Union of
 Operating Engineers (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/construction
                                          industry, including ten 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 in
                                          conjunction 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/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/users engaged in
                                          residential construction.
Experience.............................  30 years' experience in the
                                          construction industry with
                                          Schuck & Sons Construction
                                          Company, Inc.
Darlaine Taylor, Century Steel
 Erectors, Inc. (employer users).
Title..................................  Vice President.
Organization/Interests Represented.....  Steel Erection/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 is spent in management
                                          positions.
Robert Weiss, Cranes, Inc. and A.J.
 McNulty & Company, Inc. (employer
 users).
Title..................................  Vice President and Project
                                          Manager for Safety
                                          (respectively).
Organization/Interests Represented.....  Employers/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.....  Employer/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.
------------------------------------------------------------------------

    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:

[[Page 59718]]

    (1) Chairing the Committee's meetings in an impartial manner;
    (2) impartially assisting the members of the committee in 
conducting discussions and negotiations; and
    (3) supervising the taking of minutes and keeping of records and 
other relevant responsibilities, including the drafting of meeting 
summaries after each meeting 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 nature and consequences of the Committee's 
decision-making. 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. 
Under this definition, if OSHA dissented, there would be no consensus.
    This definition of consensus 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, there would be little 
likelihood that the Committee's work product would eventually be 
reflected in the final rule. These members wanted to ensure that 
concerns of the Agency that would prompt it to dissent were instead 
resolved in the negotiating process.
    Under this ground rule, if C-DAC reached a final consensus 
agreement on some or all issues, OSHA would use the consensus-based 
language on those issues for which agreement was reached as 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 provide that OSHA may only depart from this aspect 
of the agreement by either reopening the negotiated rulemaking process 
or providing to the C-DAC members a detailed statement of the reasons 
for altering the consensus-based language sufficiently far in advance 
of publication that the C-DAC members could express their concerns to 
OSHA. The Committee members could also provide negative or positive 
public comment in response to those changes. (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 
39879-90). 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 is the 
Committee's recommended regulatory text for the proposed rule, is 
referred to here as the C-DAC Consensus Document. (OSHA-S030-2006-0663-
0639). On October 12, 2006, ACCSH adopted a resolution supporting the 
C-DAC Consensus Document and recommending that OSHA use it as the basis 
for a proposed standard. (ACCSH 2006-1, Ex. 101x, pp. 248-49).
    As noted earlier, OSHA's assent was needed for C-DAC to reach 
consensus agreement on an issue. Thus, the fact that the Committee 
reached consensus agreement on all issues means that this proposal 
reflects OSHA's agreement with the Consensus Document. In the 
discussion of the various sections of the proposal below, when the 
Committee's views or conclusions are stated, OSHA agrees with those 
views or conclusions unless otherwise noted.
    In reviewing the Consensus Document to draft this proposed rule, 
OSHA identified certain problems in the Consensus Document. These range 
from misnumbering and other typographical/technical errors to 
provisions that appear to be inconsistent with the Committee's intent 
or that are worded in a manner that requires clarification. This 
proposed rule deviates from the Consensus Document where changes were 
clearly needed to reflect the Committee's intent, or to correct 
typographical/technical errors. With respect to substantive changes, 
the Agency has identified and explained them in the portions of this 
preamble that address the affected provisions.
    There are instances where it appears to the Agency that other 
changes may be needed for several reasons: To conform to the 
Committee's intent; where the precise form of a change needed to 
conform to that intent is not clear; or where an aspect of a 
significant issue appears not to have been considered by C-DAC. In each 
such instance OSHA has retained the regulatory language used in the 
Consensus Document but asks for public comment on them.
    Numerous 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 safety issues involving such equipment. In 
addition, other members had substantial knowledge and experience in 
other types of subject areas that also related to crane and derrick 
safety. This is reflected in the summary of their qualifications (see 
list above).
    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 design improvements to the 
current Subpart N requirements that would be practical and workable. 
This preamble describes the proposed standard and the Committee's 
reasons for resolving the various issues in the manner it did.
    In examining the causes of crane accidents and devising ways to 
reduce them, the Committee concluded that incorrect operation was a 
factor in many accidents. Operating a crane is a complex job requiring 
skill and knowledge. To operate a crane safely requires a thorough 
knowledge of the equipment and controls and a complete understanding of 
the factors that can affect the safety of its operation. The Committee 
believed that it was essential to address the issue of operator 
qualification so that accidents resulting from incorrect operation 
would be reduced.
    C-DAC spent considerable time and effort determining how the 
proposed rule could best ensure that equipment operators are well 
qualified. C-DAC decided that it was necessary for crane operators to 
be certified or qualified through a formal process to ensure that they 
possessed the degree of knowledge necessary to operate their equipment 
safely. The Committee's reasoning and the details of the qualification/
certification process are discussed below in connection with Sec.  
1926.1427, Operator Qualification and Certification.
    Another cause of numerous fatal and serious accidents that C-DAC 
addressed was equipment making electrical contact with power lines. 
Although Subpart N currently addresses this issue by requiring 
equipment to maintain a minimum distance from power lines that depends 
on the voltage of the line, the Committee identified reasons why the 
current standard was not preventing the many accidents that continue to 
occur. The Committee concluded that simply requiring a minimum 
clearance

[[Page 59719]]

distance was not sufficient to eliminate the human error that led to 
most instances of power line contact and that additional requirements 
that would help employers identify potential power line hazards and 
systematic procedures to protect against those hazards were needed to 
prevent power line contact. See the discussion below under Sec. Sec.  
1926.1407-1411, which deal with the various aspects of power line 
safety.
    As noted above, OSHA's current standard on cranes and derricks, 29 
CFR 1926.550, incorporates numerous national consensus standards by 
reference. The Committee reviewed the most recent versions of these 
consensus standards. For some issues, the Committee determined that a 
different approach was warranted (such as in the case of protections 
against power lines and operator qualification/certification). In many 
other instances the Committee determined that concepts in the consensus 
standards were appropriate but that different wording was needed to 
improve clarity and enforceability, or to be more readable within the 
structure of the proposed rule.
    Where the Committee incorporated consensus standards by reference, 
it agreed with the concepts, found the structure and wording 
appropriate, and determined that the incorporation of the provisions 
would not detract from its goal of producing a readable document. In 
addition, to avoid encumbering the text with too much length and 
technical detail that would hinder readability, C-DAC decided to 
incorporate by reference certain requirements from consensus standards 
where those requirements addressed highly technical topics, such as 
welding criteria.
    C-DAC also determined that some categories of equipment needed to 
be addressed differently than others. The proposed standard contains 
general requirements in Sec. Sec.  1926.1402-1434 that are appropriate 
for most types of equipment and workplaces but which contain certain 
specific exclusions. Sections 1926.1435-1441 each address a specific 
type of equipment, such as Sec.  1926.1435, Tower cranes. Those 
sections tailor the requirements of the proposed standard to 
accommodate the unique characteristics of that equipment. They state 
which of the general provisions in Sec. Sec.  1926.1402-1434 apply to 
that type of equipment and which do not. They also include requirements 
specific to that type of equipment either (as specified) as a 
substitute for, or in addition to, the general provisions in Sec. Sec.  
1926.1402-1434. In this way, C-DAC ensured that each type of equipment 
would be subject to requirements appropriate for that equipment.
    In drafting some of the provisions in this proposal, the Committee 
recognized that OSHA would be requiring cranes and derricks to be 
equipped with operational aids that have not been mandatory in the 
past. For some types of these aids, the Committee believed it would be 
impractical to require that cranes and derricks be retrofitted with the 
devices. In determining whether to propose that such requirements be 
prospective only, the Committee considered the degree of importance of 
the device to safety, whether the devices are required under industry 
consensus standards and, if so, the date they were first required under 
such standards. Recognizing that manufacturers generally follow 
industry consensus standards, C-DAC drafted these provisions to require 
equipment manufactured after the date an operational aid was required 
by an industry consensus standard to be equipped with the device.
    In situations where no industry consensus standard required that 
cranes or derricks be equipped with a certain operational aid or fall 
protection device, the Committee decided to allow sufficient lead time 
for manufacturers to install the aids and devices. The Committee 
proposed to require some aids and devices on equipment manufactured one 
year after the effective date of this standard. In other cases, the 
Committee specified that the aids and devices would be required on 
equipment manufactured after January 1, 2008.
    It is now evident that the standard will not be finalized by that 
date and that keying requirements to that date will not afford 
employers the lead time intended by the Committee. To conform this 
proposed standard to the Committee's intent, and to ensure that 
industry has sufficient lead time to equip cranes and derricks with the 
required aids and devices, OSHA is substituting ``more than one year 
after the effective date of this standard'' for ``January 1, 2008'' 
wherever that date appears in the Committee's draft.

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. 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) (OSHA-2007-0066-0012). 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 years 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 that the percentages of fatalities caused 
by various types of incident are in Table 2 as follows:

  Table 2--The Causes of Fatalities during the Performance of Hoisting
                               Activities
------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
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. A. Suruda, M. Egger, & D. Liu, 
``Crane-Related Deaths in the U.S. Construction Industry, 1984-94,'' 
The Center to Protect Workers' Rights (Oct. 1997) (OSHA-2007-0066-
0013). The authors examined OSHA IMIS data to identify the number of 
fatal accidents involving cranes and determine 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 that OSHA and the states 
that enforce their own state plans investigate is unknown; and some of 
the investigation reports were not sufficiently detailed to allow the 
cause of the accident or the type of crane involved to be determined.
    The Suruda study determined that the number and the percentage of 
fatalities from various causes are in Table 3 as follows:

[[Page 59720]]



                 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%)
------------------------------------------------------------------------

    The proposed standard addresses the major causes of the equipment 
related fatalities identified in the Beavers and Suruda studies. The 
following is a brief synopsis of the sections in this proposed standard 
that address them; each proposed section is explained in detail later 
in this preamble.
    The electrocution hazard is addressed by proposed Sec. Sec.  
1926.1407-1411, which deal with various aspects of power line safety. 
These sections contain requirements designed to prevent equipment from 
contacting energized power lines. The proposed rule delineates 
systematic, reliable procedures and methods that must be used to 
prevent a safe clearance distance from being breached. If maintaining 
the safe clearance distance is infeasible, additional protections would 
be 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 and the requirement 
for operator qualification and certification in proposed 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 workers the knowledge they need to help 
avoid injury in the event such contact does occur.
    Fatalities that involve employees being struck or crushed during 
assembly/disassembly are addressed in proposed Sec. Sec.  1926.1403-
1406. These sections require certain specific safe practice procedures 
to be followed and for the employer to address a list of specific 
hazards. Also, assembly/disassembly must be supervised by an individual 
who is well qualified to see that these requirements are properly 
implemented.
    As the 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 
proposal addresses this scenario in proposed 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 proposed standard includes 
requirements for: Proper assembly procedures (proposed Sec.  
1926.1403); boom stops to prevent booms from being raised too far and 
toppling over backwards (proposed 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 (proposed Sec.  1926.1416, Operational aids). Also, the 
inspection requirements (proposed Sec.  1926.1412) are designed so that 
a structural deficiency in a boom will be detected and addressed before 
an accident occurs. Cable failure will be avoided by compliance with 
proposed sections such as Sec.  1926.1413, Wire rope--inspection, Sec.  
1926.1414, Wire rope--selection and installation criteria, and the 
provision in proposed Sec.  1926.1416 requiring two-block protection.
    Crane tip-over is caused by factors such as overloading, improper 
use of outriggers and insufficient ground conditions. Proposed Sec.  
1926.1417, Operations, includes provisions designed to prevent 
overloading. That 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. Proposed Sec.  1926.1404(q) has 
requirements for outrigger use designed to ensure that outriggers are 
properly set when they are needed to provide stability when a load is 
lifted. Proposed Sec.  1926.1402 has requirements designed to ensure 
sufficient ground conditions.
    The provisions on training and operator qualification and 
certification will also prevent this type of accident by ensuring that 
the operator is sufficiently knowledgeable and skilled to recognize 
situations when the crane may be overloaded and to either require that 
the situation be corrected or refuse to proceed in accordance with 
proposed Sec.  1926.1418, Authority to stop operation.
    Fatalities that result from workers being struck by the cab or 
counterweights will be avoided by compliance with proposed Sec.  
1926.1424, Work area control. That section would require that employees 
who must work near equipment with a rotating superstructure be trained 
in the hazards involved, that employers mark or barricade the area 
within the area covered by the rotating superstructure, and that the 
operator be alerted whenever an employee must enter that area and not 
rotate the superstructure until the area is clear. Protection against 
being struck by a counterweight during assembly/disassembly is provided 
by proposed Sec.  1926.1404(h)(9), which would require the assembly/
disassembly supervisor to address this hazard and take steps when 
necessary to protect workers against that danger.
    The proposal addresses a number of types of equipment failure that 
can result in the load striking a worker. Such accidents are directly 
addressed by proposed Sec.  1926.1425, Keeping clear of the load, and 
Sec.  1926.1426, Free fall/controlled load lowering. In addition, 
improved requirements in proposed Sec. Sec.  1926.1419-1422 for 
signaling will help avoid load struck-by accidents caused by 
miscommunication.
    Improper operation, including, for example, the failure to 
understand and compensate for the effects of factors such as dynamic 
loading, can also cause employees to be struck by a load. Such 
incidents will be reduced by compliance with proposed Sec.  1926.1427, 
Operator qualification and certification and proposed Sec.  1926.1430, 
Training. Other provisions, such as those for safety devices and 
operational aids (proposed Sec.  1926.1415 and Sec.  1926.1416), and 
the requirement for periodic inspections in proposed Sec.  1926.1412, 
will also reduce the number of this type of accident.
    Protection against falling from equipment is addressed by proposed 
Sec.  1926.1423, Fall protection. That section would require new 
equipment to provide safe access to the operator work station by the 
use of devices such as steps, handholds, and grabrails. Certain new 
lattice boom equipment would have to be equipped with boom walkways. 
There are also fall protection provisions tailored to assembly and 
disassembly work and to other work. Proposed Sec.  1926.1431, Hoisting 
personnel, addresses fall protection when employees are being hoisted.
    OSHA has investigated numerous equipment accidents that have 
resulted in fatalities from the causes listed in the Beavers and Suruda 
studies. Below is a discussion of examples from OSHA's IMIS accident 
investigation reports from recent years that illustrate some of the 
types of accidents that occur when using the types of equipment covered 
by

[[Page 59721]]

this proposed standard and the ways that this proposed standard would 
prevent such incidents. These examples illustrate the limitations of 
the current standard and highlight the need for a revised standard that 
will address the causes of the equipment accidents that continue to 
kill and injure construction workers.
    1. February 16, 2004: 4 fatalities, 4 injuries. A launching gantry 
collapsed and fatally injured 4 workers and sent 4 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. (OSHA-2007-0066-0017).
    OSHA believes that this type of accident would be prevented by 
compliance with the provisions of this proposed standard for assembling 
equipment. Proposed Sec.  1403 requires that equipment be assembled in 
compliance with manufacturer procedures or with alternative employer 
procedures (see proposed Sec.  1406) designed, among other things, to 
prevent the equipment from collapsing. In addition, under proposed 
Sec.  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. 1 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. (OSHA-2007-0066-0017.1)
    Proposed Sec.  1926.1404(f) would prevent this type of accident by 
generally prohibiting 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.
    3. July 23, 2001: 1 fatality. Employee failed to extend the 
outriggers before he extended the boom of a service truck crane to lift 
up some pipes. As he extended his boom, the crane tipped over on its 
side and an employee was struck on the head by the hook block as he 
stood near the rear of the truck. (OSHA-2007-0066-0017.10)
    This type of accident would be prevented by compliance with 
proposed Sec.  1926.1404(q), which 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.
    4. March 8, 1999. 1 fatality. Some 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. (OSHA-2007-0066-0017.11)
    Section 1926.1408 includes provisions that would prevent this type 
of accident. First, it would require the use of ``encroachment 
prevention'' measures designed to prevent the crane from breaching a 
safe clearance distance from the power line. Second, if tag lines are 
used to guide the load, they would have to be non-conductive. Third, if 
maintaining the normal clearance distance were infeasible, a number of 
additional measures would have to be used. One of those additional 
measures is the use of an insulating link between the end of the load 
line and the load.
    These measures would protect the employee guiding the load in 
several ways, including the following: First, they would reduce the 
chance that the crane would come into electrical contact with the power 
line. Second, if the employee were using a tag line to guide the load, 
it would have to be non-conductive, which would protect the employee if 
the load became energized.
    If the crane were intentionally operated closer than the normal 
clearance distance, and the employer complied with the additional 
protective measures required in that circumstance, an insulating link 
would be in place. In such a case, even if there was a failure of the 
encroachment prevention measures and electrical contact resulted, the 
insulating link would prevent the load from becoming energized and 
prevent the employee guiding the load from being electrocuted.
    5. August 21, 2003. 3 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 from the ground. 
When the operator stepped from the cab of the truck he created a 
conduction pathway to the ground through his right hand and right foot, 
causing him to be electrocuted. A co-worker attempted to revive the 
incapacitated crane operator with cardio-pulmonary resuscitation 
(``CPR'') while a third co-worker contacted 911 and returned to the 
incident location. When the third co-worker simultaneously touched the 
energized truck crane and the back of his co-worker performing CPR, the 
resulting pathway created a conduction pathway through the workers, 
electrocuting them all. (OSHA-2007-0066-0017.12).
    This type of accident would be avoided by compliance with the 
proposed rule. First, as explained in the previous electrocution 
accident examples, proposed Sec.  1926.1408 is designed to ensure that 
a minimum safe distance from the power line is maintained, which would 
prevent the equipment from becoming energized. Also, when working 
closer than the normal minimum clearance distance, the crane would have 
to be grounded; that would reduce the chance of an electrical pathway 
through the employees in this type of scenario.
    In addition, proposed Sec.  1926.1408(g) would require the operator 
to be trained to remain inside the cab unless there is imminent danger 
of fire or explosion. The operator must also be trained in the danger 
of simultaneously touching the equipment and the ground, as he did in 
this case, and in 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 would be reinforced by the 
electrocution warnings that must be posted in the cab and on the 
outside of the equipment.
    6. September 28, 1999: 1 fatality. A 19-year old electrical 
instrument helper was at a construction site that was on a 
manufacturing company's property. That morning a contractor had 
positioned a 50-ton hydraulic crane in an open area that consisted of 
compacted fill material. This was the only location that the crane 
could be situated because the receiving area for the equipment was very 
close to the property border. The crane was moving large sections of 
piping to a new location when it overturned and struck the helper.
    The crane's outriggers were set but matting was placed only under 
the northwest outrigger pad. At the start of the construction project, 
the manufacturing company cleared the site and had fill material 
brought in. The site was originally swamp and large amounts of fill had 
been brought in. (OSHA-2007-0066-0017.13).

[[Page 59722]]

    Proposed Sec.  1926.1402, Ground conditions, is designed to prevent 
this type of accident. Under that paragraph, care must be taken to 
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. A contributing factor to this accident 
may have been a lack of clarity regarding responsibility for adequate 
ground conditions due to the fact that the employer who operated the 
crane did not control the ground conditions on the property.
    Section 1926.1402 would impose 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 for calling any deficiency to the 
controlling entity's attention and having it corrected before using the 
crane.
    7. June 17, 2006: 1 fatality. A crane was being used on a barge to 
install a dock in a waterway. Employees were preparing to move the 
barge. A spud pipe, which anchored the barge, was being raised by the 
barge-mounted crane when the hoisting cable broke, dropping the 
headache ball and rigging onto one of the employees. (OSHA-2007-0066-
0017.3).
    This type of accident can have various causes. An incorrectly 
selected wire rope (one that has insufficient capacity), use of a wire 
rope that is damaged or worn to the point where it needs to be 
replaced, or two-blocking, in which the headache ball is forced against 
the upper block, can each cause this type of failure. The provisions of 
proposed Sec. Sec.  1926.1413 and 1414 on wire rope inspection, 
selection, and installation are designed to ensure that appropriate 
wire rope is installed, inspected and removed from service when its 
continued use would be unsafe. Section 1926.1416, Operational aids, 
contains provisions designed to protect against two-blocking.
    8. July 13, 1999: 3 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. (OSHA-2007-0066-0017.4 & OSHA-2007-
0066-0018).
    This type of accident would be prevented by compliance with 
proposed Sec.  1926.1417(n), which requires the competent person in 
charge of the operation to consider the effect of wind and other 
adverse weather conditions on the equipment's stability and rated 
capacity. In addition, proposed Sec.  1926.1431, Hoisting personnel, 
requires that when wind speed (sustained or gust) exceeds 20 mph, 
personnel are prohibited from being hoisted by a crane unless a 
qualified person determines it is safe to do so.
    9. November 7, 2005: 1 fatality. A construction worker was crushed 
between the outrigger and the rotating superstructure of a truck crane. 
He apparently tried to retrieve a level and a set of blueprints which 
were laying on the horizontal member of one of the outriggers at the 
same time the operator began to swing the boom. (OSHA-2007-0066-
0017.5).
    This type of accident would be avoided by compliance with proposed 
Sec.  1926.1424, Work area control. That section generally requires 
that employers erect barriers to mark the area covered by the rotating 
superstructure to warn workers of that danger zone. In addition, 
employees who must work near equipment with a rotating superstructure 
must be trained in the hazards involved. If an employee must enter the 
marked area, the crane operator must be alerted and not rotate the 
superstructure until the area is clear.
    10. March 19, 2005: 2 fatalities and 1 injury. During steel 
erection operations, a crane was lifting three steel beams to a parking 
garage under construction. The crane tipped over and the boom 
collapsed. The boom and attached beams struck concrete workers next to 
the structure. Two were killed and one injured. The accident apparently 
occurred as a result of overloading the crane. (OSHA-2007-0066-0017.6).
    Overloading a crane can cause it to tip over. When it does, the 
load or crane structure can strike and fatally injure workers who may 
be some distance from the crane. Proposed Sec.  1926.1417, Operations, 
includes provisions designed to prevent overloading. That 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.
    The provisions on operator training and certification/qualification 
will also help prevent this type of accident by ensuring that the 
operator is sufficiently knowledgeable and skilled in recognizing 
conditions that would overload the crane.
    11. December 7, 2005. 1 fatality. Two cranes were being used to 
lower a concrete beam across the river. During the lowering process, 
the west side of the beam became lower than the east side. The 
consequent shifting of the load's weight to the west side crane caused 
that crane to tip over. The west end of the beam went into the river 
and the east end fell on the bank and a support mat, causing a flag 
person to be thrown into the beam. (OSHA-2007-0066-0017.7).
    This type of accident would be prevented by compliance with 
proposed Sec.  1926.1432, Multiple crane/derrick lifts. That section 
specifies that when more than one crane will be supporting a load, the 
operation must be performed in accordance with a plan developed by a 
qualified person. The plan must be designed to ensure that the 
requirements of this proposed standard will be met and must be reviewed 
with all individuals who will be involved in the process. Moreover, the 
lift must be supervised by an individual who qualifies as both a 
competent person and a qualified person as defined in this standard.
    In the type of scenario involved in this accident, a plan that 
would comply with this requirement would, for example, include a 
determination of the degree of level that is needed to be maintained in 
order to prevent either crane from being overloaded. In addition, such 
a plan would include a system of communications and a means of 
monitoring the operation designed to ensure that the cranes' operation 
was properly coordinated.
    12. May 7, 2004: 1 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 was extending the hydraulic 
boom, a two-block condition occurred with the auxiliary line ball 
striking the auxiliary sheave head, knocking the sheave and ball from 
the boom. The employee was struck in the head and killed by the falling 
ball. (OSHA-2007-0066-0017.8).
    This type of accident would be prevented by compliance with 
proposed Sec.  1926.1416, Operational aids, which requires protection 
against two-blocking. A hydraulic boom crane, if manufactured after 
February 28, 1992, would have to be equipped with a

[[Page 59723]]

device that automatically prevents two-blocking.
    Also, the operator-in-training in this case apparently did not 
understand that extending a hydraulic boom would move the sheave head 
toward the ball and could cause two-blocking. The proposed standard, 
through proposed Sec.  1926.1427(a) and (f), would avoid having 
inexperienced operators make this type of mistake by prohibiting an 
operator-in-training from operating a crane without supervision and 
without first having had enough training to enable the operator to 
perform the assigned task safely.
    13. April 26, 2006: One fatality. The deceased employee was part of 
a framing crew which was in the process of installing sheathing for a 
roof. A bundle of plywood sheathing was being hoisted by a crane to a 
location on the roof. As the crane was positioning the bundle of 
sheathing above its landing location, the load hoist on the crane free 
spooled, causing an uncontrolled descent of the load. The employee was 
under the load, preparing to position it to its landing spot, when the 
load fell and crushed him. (OSHA-2007-0066-0017.9).
    This type of accident would be prevented by compliance with Sec.  
1926.1426, Free fall and controlled load lowering, which prohibits free 
fall of the load line hoist and requires controlled load lowering when 
an employee is directly under the load.
    As discussed below in the Preliminary Economic Analysis, OSHA finds 
that construction workers suffer 89 fatal injuries per year from the 
types of equipment covered by this proposed standard. Of that number, 
OSHA estimates that 53 would be avoided by compliance with the proposed 
standard. In addition, OSHA estimates that the proposed standard would 
prevent 155 non-fatal injuries each year. Based on all of the available 
evidence and on the collective expertise of the members of C-DAC, OSHA 
preliminarily finds that construction workers are faced with a 
significant risk of death and injury resulting from equipment 
operations and that the risk would be substantially reduced by 
compliance with this proposed standard.
    During the SBREFA process, several Small Entity Representatives 
expressed concern that the C-DAC proposal 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 
without creating ambiguities. OSHA welcomes public comment on this 
issue.

III. The SBREFA Process

    Before proceeding with a proposed rule based on the C-DAC Consensus 
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 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 might 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 (Small Entity Representatives, or ``SERs'') were then 
identified for the purpose of obtaining advice and recommendations from 
those individuals about the potential impacts of the proposed rule.
    OSHA provided the SERs with the C-DAC consensus document and the 
draft regulatory flexibility analysis and afforded them the opportunity 
to submit written comments on those documents. The Agency also drafted 
questions asking them their views on the specific aspects of the C-DAC 
document it thought would be of most 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, 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 needed 
particular attention and analysis in the proposal or for which it 
believed OSHA should explicitly solicit public comment.
    In the discussion that follows, OSHA addresses each of the Panel's 
findings and recommendations in the section pertaining to the issue 
involved. Table 4 summarizes the Panel's recommendations and the 
portions of this preamble in which they are discussed.

        Table 4--SBREFA Panel Recommendations and OSHA Responses
------------------------------------------------------------------------
      SBREFA panel recommendation                 OSHA response
------------------------------------------------------------------------
The Panel recommends that OSHA provide   See the Preliminary Economic
 full documentation for how it            Analysis (PEA), in section
 estimated the number of affected small   V.B. of this Federal Register
 entities and all other calculations      notice.
 and estimates provided in the PIRFA.
The Panel recommends that OSHA           See the Preliminary Economic
 reexamine its estimate of crane use in   Analysis (PEA), in section
 home building, the coverage of crane     V.B. of this Federal Register
 trucks used for loading and unloading,   notice.
 and the estimates of the number of
 jobs per crane. Changes in these
 estimates should be incorporated into
 the estimates of costs and economic
 impacts.
The Panel recommends that OSHA review    See the Preliminary Economic
 its estimates for the direct costs of    Analysis (PEA), in section
 operator certification and seek          V.B. of this Federal Register
 comment on these cost estimates.         notice.
The Panel recommends that OSHA           See the Preliminary Economic
 carefully examine certain types of       Analysis (PEA), in section
 impact that could result from an         V.B. of this Federal Register
 operator certification requirement,      notice.
 including reports of substantial
 increases in the wages of operators;
 the possibility of increased market
 power for firms renting out cranes;
 and loss of jobs for existing
 operators due to language, literacy,
 or knowledge problems; and seek
 comment on these types of impacts.
The Panel recommends that OSHA consider  See the Preliminary Economic
 studying the impacts of the              Analysis (PEA), in section
 implementation of operator               V.B. of this Federal Register
 certification in California.             notice.

[[Page 59724]]


The Panel recommends that OSHA           See the Preliminary Economic
 reexamine its estimates for the amount   Analysis (PEA), in section
 of time required to assess ground        V.B. of this Federal Register
 conditions, the number of persons        notice.
 involved in the assessment, and the
 amount of coordination involved;
 clarify the extent to which such
 assessments are currently being
 conducted and what OSHA estimates as
 new costs for this rule represent; and
 seek comments on OSHA's cost estimates.
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 current
 not normally conducted currently, such   standard at 29 CFR 1926.550
 as lowering and fully extending the      requires inspections each time
 boom before the crane can be used and    the equipment is used as well
 removing non-hinged inspection plates    as thorough annual
 during the shift inspection, estimate    inspections. In addition,
 the costs of any such requirements,      national consensus standards
 and seek comment on these issues.        that are incorporated by
                                          reference include additional
                                          inspection requirements. This
                                          proposal would list the
                                          inspection requirements in one
                                          place rather than rely on
                                          incorporated consensus
                                          standards. OSHA does not
                                          believe this proposed standard
                                          imposes significant new
                                          requirements for inspections.
                                          Section 1926.1413(a)
                                          explicitly says that booming
                                          down is not required for shift
                                          (and therefore monthly)
                                          inspections.
                                         Similarly, OSHA does not
                                          believe that inspection of any
                                          of those items would require
                                          removal of non-hinged
                                          inspection plates. In the
                                          discussion of proposed Sec.
                                          1926.1412, OSHA requests
                                          public comment on these
                                          points.
The Panel recommends that OSHA consider  Currently, Subpart N, at 29 CFR
 the costs of meeting the requirements    1926.550(a)(2), requires load
 for original load charts and full        charts, so that is not a new
 manuals, and solicit comments on such    cost. Subpart N does not
 costs.                                   require manuals. OSHA believes
                                          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
                                          believes that the cost of
                                          obtaining a copy of a manual
                                          should be modest and solicits
                                          comment on how many owners or
                                          operators do not have full
                                          manuals for their cranes or
                                          derricks.
The Panel recommends that OSHA provide   See the Preliminary Economic
 full documentation for its analysis of   Analysis (PEA), in section
 the benefits the proposed rule is        V.B. of this Federal Register
 expected to produce and assure that      notice.
 the benefits analysis is reproducible
 by others.
The Panel recommends that OSHA consider  OSHA addresses this
 and solicit public comment on whether    recommendation in the
 the scope language should be clarified   discussion of proposed Sec.
 to explicitly state whether forklifts    1926.1400(c)(8) and solicits
 that are modified to perform tasks       public comment on the issue.
 similar to equipment (cranes and
 derricks) modified in that manner
 would be covered.
The Panel recommends that there be a     OSHA explains in the discussion
 full explanation in the preamble of      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 supervisor
                                          share responsibility for
                                          ensuring adequate ground
                                          conditions.
The Panel recommends that OSHA restate   OSHA addresses 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 solicits
 inspection section.                      public comment on the issue.
The Panel recommends that OSHA solicit   OSHA addresses 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 solicits
 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 addresses this
 public comment on whether to include     recommendation in the
 an exception for transportation          discussion of proposed Sec.
 systems in proposed Sec.                 1926.1412(a) and solicits
 1926.1412(a), which requires an          public comment on the issues
 inspection of equipment that has had     raised in the recommendation.
 modifications or additions that affect
 its safe operation, and, if so, what
 the appropriate terminology for such
 an exception would be.
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 explains
 completed prior to each shift but may    that the shift inspection may
 be completed during the shift.           be completed during the shift.
The Panel recommends that OSHA solicit   OSHA addresses this
 public comment about whether it is       recommendation in the
 necessary to clarify the requirement     discussion of proposed Sec.
 of proposed Sec.   1926.1412(d)(1)(xi)   1926.1412(d)(1)(xi) and
 that the equipment be inspected for      requests public comment on the
 ``level position''.                      issues raised in the
                                          recommendation.

[[Page 59725]]


The Panel recommends that OSHA solicit   There is no proposed
 comment on whether Sec.                  requirement to check the
 1926.1412(f)(2)(xii)(D) should be        pressure ``at each and every
 changed to require that pressure be      line.'' The provision simply
 inspected ``at the end of the line,''    states that relief valves
 as distinguished from ``at each and      should be checked for failure
 every line,'' and if so, what the best   to reach correct pressure. If
 terminology would be to meet this        this can be done at one point
 purpose. (An SER indicated that          for the entire system, then
 proposed paragraph (f)(2)(xiv)(D) of     that would satisfy the
 Sec.   1926.1412 should be modified to   requirement.
 ``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   Proposed Sec.
 public comment on whether proposed       1926.1412(f)(2)(xx) does not
 paragraph (f)(2)(xx) of Sec.             require the corrective action
 1926.1412 should be deleted because an   to which the SER refers. If an
 SER believes that it is not always       inspection under proposed Sec.
 appropriate to retain originally           1926.1412(f) reveals a
 equipped steps and ladders, such as in   deficiency, a qualified person
 instances where they are replaced with   must determine whether that
 ``attaching dollies.''.                  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   OSHA addresses this
 public comment on the extent of          recommendation in the
 documentation of monthly and annual/     discussion of proposed Sec.
 comprehensive inspections the rule       1926.1412(f) and requests
 should require.                          public comment on the issue.
The Panel recommends that OSHA solicit   OSHA addresses this
 public comment on whether the            recommendation in the
 provision for monthly inspections        discussion of proposed Sec.
 should, like the provision for annual    1926.1412(e) and requests
 inspections, specify who must keep the   public comment on the issue.
 documentation associated with monthly
 inspections.
The Panel recommends that OSHA consider  OSHA addresses 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 solicits
 number for an operational aid for        public comment on the issue.
 older equipment and solicit public
 comment on the extent to which this is
 a problem.
The Panel recommends that the provision  In the discussion of proposed
 on fall protection (proposed Sec.        Sec.   1926.1423, OSHA
 1926.1423) be proposed as written and    explains the Committee's
 that OSHA explain in the preamble how    rationale underlying the
 and why the Committee arrived at this    proposed section.
 provision.
The Panel recommends that OSHA consider  OSHA addresses 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 requests public
 1926.1427 that would allow an operator   comment on the issues raised
 to be certified on a particular model    by the Panel.
 of crane; allow tests to be
 administered by an accredited
 educational institution; and allow
 employers to use manuals that have
 been re-written to accommodate the
 literacy level and English proficiency
 of operators.
The Panel recommends that OSHA clarify   The issue is discussed in the
 in the preamble how the proposed rule    explanation of the proposed
 addresses an SER's concern that his      rule for Sec.   1926.1427(h).
 crane operator would not be able to
 pass a written qualification/
 certification exam because the
 operator has difficulty in taking
 written exams.
The Panel recommends soliciting public   OSHA addresses this
 comment on whether the phrase            recommendation in the
 ``equipment capacity and type'' in       discussion of proposed Sec.
 proposed Sec.   1926.1427(b)(1)(ii)(B)   1926.1427(b)(1)(ii)(B) and
 needs clarification, suggestions on      requests public comment on the
 how to accomplish this, and whether      issue.
 the categories represented in Figures
 1 through 10 contained in ASME B30.5-
 2000 (i.e., commercial truck-mounted
 crane--telescoping boom; commercial
 truck-mounted crane--non-telescoping
 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 addresses this
 public comment on whether the rule       recommendation in the
 needs to state more clearly that         discussion of proposed Sec.
 proposed Sec.   1926.1427(j)(1)(i)       1926.1430(c) and requests
 requires more limited training for       public comment on the issue.
 operators of smaller capacity
 equipment used in less complex
 operations as compared with operators
 of higher capacity, more complex
 equipment used in more complex
 situations.
The Panel recommends that OSHA consider  OSHA addresses 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) and requests
 the capacity and type of equipment and   public comment on the issue.
 nature of operations.
The Panel recommends that OSHA consider  OSHA addresses 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 requests
 qualification period (Sec.               public comment on the issue.
 1926.1427(f)) should have additional
 training beyond that required in the C-
 DAC document at proposed Sec.
 1926.1427(f)(2)(iii)(B).

[[Page 59726]]


The Panel recommends OSHA solicit        OSHA addresses these
 comment on whether there are qualified   recommendations in the
 persons in the field with the            discussion of proposed Sec.
 necessary expertise to assess how the    1926.1437(n)(2) and requests
 rated capacity for land cranes and       public comment on the issues.
 derricks used on barges and other
 flotation devices needs to be modified
 as required by proposed Sec.
 1926.1437(n)(2).
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  OSHA addresses this
 and ask for comment on whether it        recommendation in the
 would be appropriate to exempt from      discussion of proposed
 the rule small side boom cranes          paragraph Sec.   1926.1440(a)
 incapable of lifting above the height    and requests public comment on
 of a truck bed and with a capacity of    the issue.
 not more than 6,000 pounds.
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. OSHA requests
 to understand. (Several SERs believed    comment on how and whether the
 that the C-DAC document was so long      proposal can be shortened or
 and complex that small businesses        simplified--made easier to
 would have difficulty understanding it   understand--and the effect of
 and complying with it.).                 that on addressing
                                          construction hazards.
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
                                          things. OSHA notes that it
                                          cannot cite an employer for
                                          failing to have documentation
                                          not explicitly called for in a
                                          standard. See also the
                                          discussion under proposed Sec.
                                            1926.1402(e).
The Panel recommends soliciting public   OSHA addresses this
 comment on whether the word ``days''     recommendation in the
 as used in Sec.  Sec.   1926.1416(d)     discussion of proposed Sec.
 and 1926.1416(e) should be clarified     1926.1416(d) and requests
 to mean calendar days or business days.  public comment on the issue.
The Panel recommends that OSHA           OSHA discusses in detail the
 carefully discuss what is included and   types of machinery that are
 excluded from the scope of this          included under this proposed
 standard.                                standard and those that are
                                          excluded in the explanation of
                                          Sec.   1926.1400.
The Panel recommends that OSHA gather    OSHA has obtained and evaluated
 data and analyze the effects of          a study by the Construction
 already existing certification           Safety Association of Ontario
 requirements.                            showing that Ontario's
                                          certification requirement has
                                          led to a substantial decrease
                                          in crane-related fatalities
                                          there.
The Panel recommends that OSHA consider  OSHA addresses this
 excluding and soliciting comment on      recommendation in the
 whether equipment used solely to         discussion of proposed Sec.
 deliver materials to a construction      1926.1400(c) and requests
 site by placing/stacking the materials   public comment on the issue.
 on the ground should be explicitly
 excluded from the proposed standard's
 scope.
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 will
 qualification/certification when         consider 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 addresses 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(j)(1) and requests
 certified on a specific brand's model    public comment on the issue.
 of crane.
The Panel recommends that OSHA consider  OSHA addresses 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 requests
 an operator to be certified for a        public comment on the issue.
 specific, limited type of
 circumstance. Such a circumstance
 would be defined by a set of
 parameters that, taken together, would
 describe an operation characterized by
 simplicity and relatively low risk.
 The Agency should consider and solicit
 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.
The Panel recommends that OSHA consider  OSHA addresses this
 and solicit public comment on allowing   recommendation in the
 the written and practical tests          discussion of Sec.
 described in Option (1) of Sec.          1926.1427(b)(3) and requests
 1926.1427(b) to be administered by an    public comment on the issue.
 accredited educational institution.
The Panel recommends that OSHA solicit   OSHA addresses this
 public comment on making it clear        recommendation in the
 that: (1) an employer is permitted to    discussion of proposed Sec.
 equip its cranes with manuals re-        1926.1427(h)(1) and requests
 written in a way that would allow an     public comment on the issues.
 operator with a low literacy level to
 understand the material (such as
 substituting some text with pictures
 and illustrations), and (2) making it
 clear that, when the cranes are
 equipped with such re-written manuals
 and materials, the ``manuals'' and
 ``materials'' referred to in these
 literacy provisions would be the re-
 written manuals.

[[Page 59727]]


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 a final rule is issued
 test does not need to be administered    and will explain these points
 in English but can be administered in    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 Proposed Standard

    The following discussion summarizes and explains each provision in 
the proposal and the substantive differences between the proposal and 
OSHA's current standard for cranes and derricks at 29 CFR 1926.550, 
which is located in Subpart N of OSHA's standards for construction 
work. In the discussion, OSHA explains corrections and clarifications 
it has made to the language in the C-DAC Document. The Agency also 
identifies other areas in the C-DAC Document it believes could benefit 
from modifications to the C-DAC language and asks for public comment on 
the need for such changes and, in some instances, the appropriateness 
of particular clarifying language.

Section 1400 Scope

    Paragraphs (a) through (d) of proposed Sec.  1926.1400 set forth 
the scope of the proposed rule. Proposed paragraphs (a) through (c) 
describe, respectively, what equipment is included, the application of 
the standard to equipment used with attachments, and specific 
exclusions.

Combining a Functional Description With a List of Covered Equipment

    Proposed paragraph (a) provides a functional definition of the 
covered equipment as well as a non-exclusive list of what is covered. 
C-DAC considered choosing between these approaches, but ultimately 
decided to use a combination of the two. The Committee also agreed that 
equipment listed in this proposed paragraph should be defined; these 
definitions, among others, are set forth in Sec.  1926.1401, 
Definitions. It should be noted that the scope of 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). OSHA believes 
that this format strikes an appropriate balance between clarity and 
avoiding unintended limitations that might eliminate new and/or other 
existing technology that is similar to the listed examples.
    The decision to propose a functional definition with a non-
exclusive list of covered equipment followed considerable discussion. 
The Committee settled on a definition that focuses on the equipment's 
elemental functions--hoisting, lowering, and horizontally moving a 
suspended load. The goal of this definition is to cover both existing 
and new technologies that share those same functions. Committee members 
rejected using just a list of equipment because: (1) Even the most 
comprehensive list might inadvertently omit existing technologies, and 
(2) they wanted to provide leeway in the scope for applying the new 
standard to future technologies.
    On the other hand, C-DAC decided against a functional definition 
alone because that might include equipment that the standard was not 
designed to address (for example, equipment that poses a different set 
of hazards than those addressed by the standard). The list provides a 
context in which to apply the functional definition. The Agency 
believes that this hybrid approach addresses C-DAC's concerns.

Dedicated Pile Drivers

    The Committee quickly agreed to include most of the items on the 
non-exclusive list. However, several items were included only after 
considerable debate. For example, C-DAC's decision to include dedicated 
pile drivers followed much discussion, including a panel presentation. 
The panel was comprised of a manufacturer, represented by Ahti Knopp 
and Pentti Heinonen, President, of Junttan, as well as a user, 
represented by Pat Karinen and Dan Kuhs, of Pile Drivers Local Union 34 
and 56. The focus of the discussion was whether to include machinery 
that fell outside what the industry traditionally considered to be a 
crane or derrick covered by existing Subpart N.
    Although the manufacturer's representatives stated that they did 
not consider their equipment to be cranes, they ultimately supported 
the inclusion of dedicated pile drivers in the proposed standard for 
several reasons. Specifically, they emphasized certain mechanical 
similarities and the need for timely regulation. However, they 
requested that the standard be adjusted to address the equipment's 
unique characteristics.
    The users on the panel, citing the similarities in functional 
capabilities and hazards between dedicated pile drivers and cranes, 
also supported their inclusion. They were particularly concerned about 
the need to establish required inspections for dedicated pile drivers 
in view of the stress placed on this type of equipment.
    The Committee acknowledged the dilemma it faced in establishing the 
parameters of the proposed standard--including machines not typically 
described as cranes versus omitting machines similar in hazards and 
construction--but ultimately decided to include dedicated pile drivers. 
Prior to that decision, however, several members voiced concerns.
    For example, some members were worried that including these 
machines might encourage their ``use as cranes,'' that is, primarily 
for hoisting objects. The manufacturer representatives pointed out that 
while these machines are designed to hoist within a very limited range 
and capacity, it is inappropriate to use them for hoisting beyond those 
restricted limits. Others were concerned that some requirements in the 
proposed standard might be a ``bad fit'' for these machines. In 
response to such concerns, the Committee included dedicated pile 
drivers but tailored the requirements of the standard to take into 
account the specific characteristics of such equipment. As a result, 
proposed Sec.  1439, Dedicated pile drivers, provides that most 
provisions of the standard apply to dedicated pile drivers but excludes 
some that the Committee believed were inappropriate for such equipment.
    OSHA believes that this approach is appropriate to propose because 
it

[[Page 59728]]

provides a workable approach that addresses the unique aspects of the 
equipment.

Multi-purpose Machines

    The concept of ``multi-purpose machines'' was discussed in depth. 
This term, as used in the proposed standard, refers to a relatively new 
type of equipment that is designed to be configured in a variety of 
ways to perform a variety of different types of functions. For example, 
during the discussion, C-DAC members noted that this type of machinery 
in one configuration works as an aerial forklift, and in another 
configuration works as a crane.
    The Agency believes that the Committee developed an appropriate 
approach to coverage of this equipment. Specifically, the Committee 
defined this category of equipment in Sec.  1926.1401, Definitions, to 
cover only machinery ``designed to be configured in various ways'' and 
has included it within the proposed scope of the standard only when 
configured ``to hoist (by means of a winch or hook) and horizontally 
move a suspended load.'' In short, a multi-purpose machine would only 
be covered by the proposed standard when configured as a crane.
    For example, a machine might be configured variously as a rough-
terrain type forklift, work platform, or as a crane. Such a machine 
would only be covered by the proposed standard when configured as a 
crane. Conversely, a traditional rough-terrain forklift is originally 
designed solely as a forklift. Even if an employer suspends a load from 
its fork, it would still be configured (and can only be configured) as 
a rough terrain forklift. Such forklifts are not multi-purpose machines 
and would specifically be excluded from the standard's coverage by 
proposed Sec.  1926.1400(c)(8).
    For the same reason, aerial lifts that may have an incidental 
capacity to hoist (by means of suspending loads from the boom) are not 
multi-purpose machines. Even aerial lifts that are equipped with a low 
capacity hoisting device (usually located at basket level) are not 
``designed to be configured in various ways'' and, as such, would not 
fall within the definition of a multi-purpose machine. Such aerial 
lifts are designed to be configured in only one way, that is, as an 
aerial lift. In fact, the provision that specifically excludes aerial 
lifts, proposed Sec.  1926.1400(c)(5), emphasizes that point in its 
description of aerial lifts by saying ``[e]quipment originally designed 
as vehicle-mounted aerial devices (for lifting personnel) * * *.''
    The Agency agrees with the Committee that it is appropriate to 
propose covering multi-purpose equipment in this proposed standard 
(when configured as a crane) to protect employees from the types of 
hazards that are associated with the other equipment included in the 
Scope.

Other Listed Equipment

    Some members were concerned that proposing to include industrial 
cranes on the list would result in such cranes being covered by this 
proposed standard even when used in a factory/general industry setting. 
That is not the case--this proposed standard applies only to employers 
engaged in construction, and therefore would apply to such equipment 
only when used in construction.
    The Committee decided to cover side-boom cranes, which are included 
in the current Subpart N.\1\ Committee members noted that side-boom 
cranes (defined in proposed Sec.  1926.1401, Definitions) share 
characteristics with cranes. One member also stated that the American 
Pipeline Association supports their inclusion.
---------------------------------------------------------------------------

    \1\ 29 CFR 1926.550(a)(18) of Subpart N requires sideboom cranes 
mounted on wheel or crawler tractors to meet the requirements of SAE 
J743a-1964.
---------------------------------------------------------------------------

    Additional machinery that is proposed to be covered that is either 
not currently covered or not specifically addressed by Subpart N 
include cranes on a monorail, luffing tower cranes, straddle cranes, 
pedestal cranes and shearleg derricks (see Sec.  1926.1436, Derricks). 
Each of these meets the functional definition in the proposed standard 
and presents the same types of hazards.

Attachments

    Proposed Sec.  1926.1400(b) would establish that equipment 
otherwise covered by proposed Sec.  1926.1400(a) would remain within 
the scope of the proposed 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.'' This definition reflects an inclusive approach with respect 
to the use of attachments.
    The Committee recognized that equipment using these attachments 
retain their fundamental nature as cranes, including most of the 
hazards typically associated with crane use. For example, hazards 
associated with ground conditions, assembly/disassembly and operation 
near power lines, as well as the importance of proper signaling, work 
area control, and operator knowledge and skill, remain the same while 
an attachment is in use. Consequently, the proposed standard as a whole 
is well suited to the use of this equipment with attachments.
    The ACCSH December 2002 work group document provided C-DAC with an 
initial list of possible attachments (hooks, magnets, grapples, 
clamshell buckets, orange peel buckets) to be covered by the new rule. 
(OSHA-2007-0066-0020). Committee members suggested the remaining 
examples.
    Whether the proposed rule should apply to a personnel platform that 
is pinned to the boom was the subject of considerable discussion. Such 
a personnel platform was the subject of a presentation to C-DAC by Dan 
Wolff of the National Crane Corporation. Currently, Subpart N 
explicitly addresses suspended personnel platforms but does not 
specifically mention boom-attached personnel platforms. The Committee 
confirmed in its discussions that installing a boom-attached personnel 
platform does not change the nature of the equipment to the type of 
aerial lift that is excluded by this proposed standard (see proposed 
Sec.  1926.1400(c)(5)). The Committee was concerned that a failure to 
specifically address this type of platform could result in confusion as 
to whether its use would be governed by this standard or by the aerial 
lift standard. C-DAC concluded that it was appropriate to explicitly 
include boom-attached personnel platforms in this standard.
    Committee members expressed some concern as to whether the use of 
such an attachment involves additional hazards not addressed in this 
proposed standard. The Agency is asking for public comment on whether 
there are additional requirements that should apply when using a 
personnel platform that is attached directly to the boom.

Exclusions

    Proposed paragraph (c) lists machinery that is specifically 
excluded from the scope of the proposed rule. The Committee referenced 
a list in the ACCSH December 2002 work group document as a starting 
point for discussion (OSHA-2007-0066-0020). As a result of that 
discussion, modifications to that list were made. As discussed below, 
the Agency believes that the list in the proposed standard, in 
combination with proposed paragraphs (a) and (b), sets appropriate 
limits to the proposed standard's scope.

[[Page 59729]]

    Proposed paragraph (c)(1) states that machinery otherwise included 
under proposed Sec.  1926.1400(a) but ``converted or adapted for non-
hoisting use'' is excluded. Power shovels, excavators and concrete 
pumps are listed as nonexclusive examples of such ``conversions/
adaptations'' or modified machinery.
    The view of the Committee was that, in most cases, once machinery 
that would otherwise be included under proposed Sec.  1926.1400(a) is 
converted or adapted for non-hoisting use, the configuration and nature 
of operation of the machinery is generally changed to the point where 
many of the proposed provisions would not be directly relevant to the 
hazards presented. In contrast, as discussed above, C-DAC believed that 
equipment used with ``crane-attached or suspended'' attachments 
typically retain many of their original characteristics and the 
proposed provisions remain relevant.
    The Agency recognizes that there may be some instances where 
covered equipment used with an attachment is similar in purpose to 
machinery converted or adapted for non-hoisting use. For example, a 
crane with a drilling attachment will serve the same function as a 
machine converted to a dedicated drilling rig. Nonetheless, the Agency 
believes that the approach recommended by C-DAC and reflected in the 
proposed rule sets an appropriate dividing line between covered and 
excluded machinery. The crane's hoisting mechanisms are mostly still 
present while the attachment is in use, and the crane's hoisting 
capability will likely be called upon fully once the attachment is 
removed. Having the machine move in and out of coverage of the rule as 
attachments are put on and taken off would create significant 
confusion. Furthermore, most of the operational characteristics and 
hazards of the equipment remain the same while the attachment is in 
use. The Agency believes that, overall, this represents a sensible 
approach to setting the breadth and limits of the proposed standard. -
    Proposed paragraph (c)(2) contains a specific list of excluded 
material handling machinery. This provision reflects C-DAC's decision 
to name specific material handling machinery that is excluded rather 
than simply reference ``material handling machinery'' as a generic 
basis for exclusion. The Committee indicated that a generic exclusion 
based upon material handling would be too broad. For example, a crane, 
when equipped with a clamshell bucket, is used for material handling, 
and C-DAC believed such equipment should be covered by the proposed 
standard.
    C-DAC also agreed to a Committee member's suggestion of specifying 
that the listed machinery is excluded even when used with rigging to 
lift suspended loads. C-DAC acknowledged that some of the hazards of 
using this material handling machinery in this way are similar to the 
hazards associated with equipment covered by the proposed rule. 
However, the Committee also believed the differences between the 
covered equipment and the material handling machinery is such that one 
standard could not be readily designed to suit both. It should be noted 
that another construction standard, 29 CFR 1926.602 in subpart O--Motor 
Vehicles, Mechanized Equipment, and Marine Operations, covers material 
handling equipment.
    Proposed paragraph (c)(3) excludes automotive wreckers and tow 
trucks ``when used to clear wrecks and haul vehicles.'' A Committee 
member, citing C-DAC's focus on construction activities, questioned the 
need for this provision. In response, another member explained that 
some of these vehicles have substantial hoisting capacity. The 
implication of that observation is that these machines have the 
capability of hoisting construction material and so some construction 
employers may use them for that purpose. Consequently, C-DAC decided to 
cover them generally, but to exclude them when used for clearing wrecks 
and hauling vehicles. The exclusion is based on the Committee's view 
that, even if done as a construction activity (which would be very 
rare), clearing wrecks and hauling vehicles is a highly repetitious, 
predictable type of operation that is sufficiently distinct from 
typical construction crane and derrick use to justify an exclusion from 
the proposed rule. It should be noted that ``cranes designed for . . . 
automobile wreck clearance'' are excluded from the scope of ASME B30.5-
2004.
    Under proposed paragraph (c)(4), service trucks with mobile lifting 
devices for use in the power line and electric service industries, such 
as digger derricks, are excluded when engaged in certain listed 
activities for those industries. 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.
    C-DAC ultimately adopted this exclusion because of the narrow, 
specialized range of activities and circumstances in which such trucks 
are used. The Agency is asking for public comment as to whether such an 
exclusion is appropriate and whether safety problems would be created 
by excluding them from coverage under the proposed standard.
    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. In excluding this 
machinery, the Committee discussed the fact that some aerial lifts have 
a small capacity auxiliary winch. C-DAC decided not to include such 
machinery. The use of such winches is only incidental to an aerial 
lift's primary function. Also, another standard, Sec.  1926.453, 
addresses aerial lifts.
    Proposed paragraph (c)(6) excludes telescopic/hydraulic gantry 
systems. This machinery is also not currently covered by Subpart N or 
any ANSI/ASME standards. C-DAC made the decision to exclude this 
machinery after extensive discussion between members and a presentation 
by Mr. Kevin Johnston of J&R Engineering Co., Inc.
    The decision was based upon several factors. One factor was the 
difference in design between this machinery and other equipment covered 
by the proposed rule. Telescopic/hydraulic gantry systems consist (in 
their most basic configuration) of a header beam that is supported on 
each side by hydraulic jacks. The load is suspended by rigging from the 
header beam. The load is raised and lowered by raising and lowering the 
jacks.
    This type of design involves hazards that are unique to this type 
of equipment. For example, keeping the jacks plumb and closely 
coordinating their movements is very important. Mr. Johnston noted that 
because of these differences, many of the requirements in the proposed 
standard would not be workable or needed. Also, hazards unique to this 
type of machinery would not be addressed.
    C-DAC was concerned that a failure to include this machinery in the 
proposed rule could result in there being no applicable OSHA 
requirements. The Committee was particularly concerned about this

[[Page 59730]]

because there was no industry consensus standard for telescopic/
hydraulic gantry systems. Once the Specialized Carriers & Rigging 
Association (SC&RA) indicated its willingness to draft and complete a 
voluntary consensus standard for this machinery within a short time 
frame, the Committee was satisfied that the best approach was to 
exclude telescopic/hydraulic gantry systems from the proposed rule.
    The Agency notes that, in the fall of 2004, SC&RA did in fact 
complete a voluntary consensus standard for telescopic/hydraulic gantry 
systems. (OSHA-2007-0066-0027). Accordingly, the Agency agrees with C-
DAC that, under these circumstances, these systems should be excluded 
from the proposed rule.
    Under proposed paragraph (c)(7), stacker cranes are excluded. This 
machinery, covered by ASME B30.18, was similarly excluded in the ACCSH 
draft. The Agency believes that these cranes are rarely used in 
construction, and that their configuration is too unlike other 
machinery covered by this proposed standard to warrant inclusion.
    Proposed paragraph (c)(8) excludes powered industrial trucks 
(forklifts). As noted during the C-DAC meetings, this machinery is 
already covered by Sec.  1926.602 of Subpart O--Motor Vehicles, 
Mechanized Equipment, and Marine Operations. The Agency believes that 
this type of machinery is mostly used in a manner that does not involve 
suspended loads and would often require different responses to the 
hazards presented than provided in this proposed standard. Therefore, 
the Agency agrees with C-DAC that this machinery should be excluded 
from the proposed standard.
    During the SBREFA process, one Small Entity Representative stated 
that the C-DAC document does not contain a provision explicitly 
excluding coverage of machines that are originally designed to function 
primarily as forklifts but are modified to perform tasks similar to 
cranes and derricks that are covered under the standard. The Panel 
recommended that OSHA consider and solicit public comment on whether 
the scope language should be modified to explicitly state whether 
forklifts modified in such a manner are covered. OSHA welcomes comment 
on this issue.
    Proposed paragraph (c)(9) excludes mechanic's trucks with hoisting 
devices when used in activities related to equipment maintenance and 
repair. The treatment of this machinery is similar to that of 
automotive wreckers and tow trucks. This exclusion reflects the 
Committee's conclusion that mechanic's trucks, when used in these 
support activities, have the capability of hoisting construction 
material and so some construction employers may use them for that 
purpose. Consequently, C-DAC decided to cover them generally, but to 
exclude them when used for equipment maintenance and repair activities. 
The exclusion is based on the Committee's view that, even if done as a 
construction activity (which would be very rare), the maintenance and 
repair activities are highly repetitious, predictable types of 
operations that are sufficiently distinct from typical construction 
crane and derrick use to justify an exclusion from the proposed rule.
    In proposed paragraph (c)(10), machinery that hoists by using a 
come-a-long or chainfall is excluded. This exclusion reflects currently 
industry practice as exemplified by OSHA's steel erection standard. The 
definition of ``hoisting equipment'' in OSHA's steel erection standard, 
Sec.  1926.751, defines ``come-a-long'' as ``a mechanical device 
typically consisting of a chain or cable attached at each end that is 
used to facilitate movement of materials through leverage'' and notes 
that such a device is not considered ``hoisting equipment.'' Sec.  
1926.1401 of this proposed standard sets forth the same definition of 
``come-a-long'' as OSHA's steel erection standard. Committee members 
decided that a specific exclusion was needed because these devices, 
that members term ``tools of the trade,'' are not all human-powered and 
thus might otherwise fall within the scope of the proposed rule. C-DAC 
was of the view that these tools are unlike the equipment covered by 
the proposed rule in terms of both scale and the set of hazards 
associated with their use.
    Proposed paragraph (c)(11) excludes dedicated drilling rigs. This 
exclusion was agreed upon after substantial discussion among Committee 
members. It should be noted that neither Subpart N nor other OSHA 
construction standards currently cover dedicated drilling rigs 
specifically.
    Much of the specific information as to the nature of dedicated 
drilling rigs and the concerns of drill rig industry stakeholders was 
ascertained during a panel discussion chaired by members of the 
International Association of Foundation Drilling. Panel members 
emphasized that, in their view, a dedicated drilling rig is not a 
crane, but rather is designed to function as excavating equipment.
    In support of that position, the panelists noted that, unlike 
cranes, this machinery lacks load charts and has only limited 
horizontal movement, radius, and hoisting capabilities. They also 
stated that although many are equipped with an auxiliary service winch, 
the primary use of this machinery is not for hoisting. Panelists 
suggested that accidents associated with the use of dedicated drilling 
rigs tend to result from improper use (that is, attempting to use them 
for more extensive hoisting work, beyond the narrow limits set by 
manufacturer specifications). Finally, the speakers emphasized that 
while they did not believe this machinery should be regulated as cranes 
under the proposed rule, if they were to be regulated, they should be 
under a more closely related standard, such as the excavation standard.
    Several additional concerns were examined in the course of the 
discussion. Some members suggested that dedicated pile drivers and 
dedicated drilling rigs be treated in the same manner--to either cover 
or exclude both. Others responded that the disparate treatment is 
justified by the fact that dedicated pile drivers are frequently used 
on barges, which involves additional hazards, and the more widespread 
use of that machine's hoisting function. Some members expressed concern 
that the inclusion of dedicated drilling rigs under the proposed rule 
would encourage their misuse as cranes.
    The Committee decided that the arguments for excluding dedicated 
drilling rigs outweighed those for including them. The Agency agrees; 
while there are certain similarities to dedicated pile drivers in that 
both have an auxiliary hoisting capability, the dedicated drilling rigs 
are not typically used on barges and there seems to be less abuse of 
their very limited hoisting capabilities. Specific public comment is 
requested on these issues.
    Proposed paragraph (c)(12) contains an exclusion for gin poles used 
during the erection of communication towers. It is the Agency's 
understanding that the erection of communication towers is a 
specialized subset of the construction industry, and involves issues 
that go beyond those C-DAC was designed to address. OSHA is therefore 
not proposing to include gin poles used for this purpose in the 
proposed rule.
    Proposed paragraph (c)(13) excludes tree trimming and tree removal 
work from the scope of the proposed rule. In correspondence to the 
Committee (OSHA S030-2006-0663-0534), the Tree Care Industry 
Association had requested that their work be excluded from the proposed 
rule. The Committee noted that the vast majority of the tree care 
industry's work does not take place

[[Page 59731]]

in construction and agreed that such work should be excluded. The 
Agency believes that, since tree trimming and tree removal work so 
rarely falls within construction, it is appropriate to exclude tree 
trimming and removal from the proposed rule.
    Proposed paragraph (c)(14) excludes anchor handling with a vessel 
or barge using an affixed A-frame. C-DAC decided to exclude this 
activity after the Cranes on Barges Work Group found that there would 
be problems tailoring the general requirements of the C-DAC draft to 
address the use of these specialized devices.
    Proposed paragraph (c)(15), the final item listed, excludes 
roustabouts. The Committee was of the view that the proposed rule is 
not suited to addressing these devices, which are moved about by hand.
    The SBREFA Panel recommended that OSHA consider, and solicit 
comment on, whether equipment used solely to deliver materials to a 
construction site by placing/stacking the materials on the ground 
should be explicitly excluded from the scope of the rule. OSHA requests 
public comment on this issue.

    Note: OSHA replaced the word ``Equipment'' used in proposed 
Sec. Sec.  1926.1400(c)(1), (c)(5) and (c)(10) of the C-DAC 
Consensus Document with the word ``Machinery.'' This was done 
because ``equipment'' is a defined term in the proposed standard 
that refers to covered equipment and, thus, cannot be used to mean 
excluded machinery.

Unspecified Equipment

    Proposed paragraph (d) is included to clarify that all provisions 
of the proposed rule apply to covered equipment unless otherwise noted. 
This paragraph was 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 proposed rule. To avoid confusion, this proposed 
paragraph establishes that all parts of the proposed rule apply unless 
a provision specifically identifies other parts of the proposed rule as 
inapplicable, or identifies the only provisions of the standard that 
are applicable.

Controlling Entities

    Proposed paragraph (e) provides that the duties of controlling 
entities \2\ are not limited to the duties specified in Sec. Sec.  
1926.1402(c), (e) and 1926.1424(b). This was included to clarify that 
the controlling entity duties specified in the proposed rule are 
intended to supplement, rather than displace, controlling entity duties 
under OSHA's multi-employer policy.
---------------------------------------------------------------------------

    \2\ The definition of ``controlling entity'' is explained in the 
discussion of proposed Sec.  1926.1402(c).
---------------------------------------------------------------------------

    The Agency has clear authority to include in this proposed rule the 
provisions in proposed Sec. Sec.  1926.1402(c), (e) and 1926.1424(b), 
which would apply specific requirements to controlling entities. First, 
the plain language of the OSH Act and its underlying purpose support 
OSHA's authority to place requirements on employers that are necessary 
to protect the employees of others. Second, congressional action 
subsequent to passage of the OSH Act recognizes this authority. Third, 
OSHA has consistently interpreted its statutory authority as permitting 
it to impose obligations on employers that extend beyond their own 
employees, as evidenced by the numerous standards, including several 
construction standards, that OSHA has promulgated with multi-employer 
provisions. Finally, OSHA's authority to place obligations on employers 
that reach beyond an employer's own employees has been upheld by 
numerous courts of appeals and the Occupational Safety and Health 
Review Commission (OSHRC).
    The purpose of the Act is to assure so far as possible safe and 
healthful working conditions for every working man and women in the 
nation. 29 U.S.C. 651(b). To achieve this goal, Congress authorized the 
Secretary to establish mandatory occupational safety and health 
standards. The Act broadly defines an OSHA standard as a rule that 
``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 employments and places of 
employment.'' 29 U.S.C. 652(8). See Building and Constr. Trades Div., 
AFL-CIO v. Brock, 838 F.2d 1258, 1278 (DC Cir. 1988). OSHA standards 
must prescribe measures that are appropriate to protect ``places of 
employment''; nothing in the statutory language suggests that OSHA may 
do so only by regulating an employer's interaction with its own 
employees. On the contrary, the Act's broad language gives OSHA almost 
``unlimited discretion'' to devise means to reach the statutory goal. 
See United Steelworkers v. Marshall, 647 F.2d 1189, 1230 (DC Cir. 
1980), cert. denied, 453 U.S. 913 (1981).
    Similarly, Section 5(a)(2) provides that each employer ``shall 
comply with occupational safety and health standards promulgated under 
this Act.'' \3\ Nothing in this language suggests that compliance is 
required only when necessary to protect the employers' own employees, 
or that the employer is entitled to endanger other employers' employees 
at the worksite. Finally, Section 6(b)(7) of the Act authorizes 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.'' 29 U.S.C. 655(b)(7). Again, 
this authority is not limited to labels that would warn the employer's 
own employees of the hazard. Given the distribution of potentially 
hazardous products in commerce, employees are predictably exposed to 
hazardous conditions created by other employers. 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.
---------------------------------------------------------------------------

    \3\ This language is in marked contrast to the language of 
Section 5(a)(1) of the Act (known as the ``general duty clause''), 
which requires each employer to ``furnish to each of his employees 
employment and a place of employment which are free from recognized 
hazards that are causing or are likely to cause death or serious 
physical harm to his employees.'' 29 U.S.C. 654(a)(1) (emphases 
added). See Brennan v. OSHRC, 513 F.2d 1032, 1037-38 (2nd. Cir. 
1975).
---------------------------------------------------------------------------

    In short, the statute focuses on workplace conditions to effectuate 
the OSH Act's congressional mandate, and not on a particular employment 
relationship. The OSH Act's underlying purpose is broad--to assure safe 
and healthful working conditions for working men and women--and 
Congress made clear that it expected the Act to protect all employees. 
(H. Rep. No. 91-1291, 91st Cong., 2d Sess., p. 14-16 (July 9, 1970)). 
Numerous references in the legislative history of the Act require 
employers to provide a safe and healthful ``place of employment'' (see, 
e.g., S. Rep. No. 91-1282, 91st Cong., 2d Sess., p. 10 (October 6, 
1970)). The OSH Act tasks OSHA with promulgating rules that will create 
safe places of employment, notwithstanding the many varied employment 
relationships that might exist at a worksite.
    Subsequent congressional action has also recognized OSHA's 
authority to impose responsibilities on employers to protect employees 
who are not their own. For example, Congress directed OSHA to develop a 
chemical process safety standard (the PSM standard) requiring employers 
to ``ensure contractors and contract employees are provided appropriate 
information and training'' and to ``train and educate

[[Page 59732]]

employees and contractors in emergency response.'' (29 U.S.C. note) 
(quoting Pub.L. 101-549, Title III, Sec. 304, November 15, 1990, 104 
Stat. 2576). This is a clear ratification of the Agency's authority to 
require employers to protect the employees of others. Congress also 
approved of the Agency's authority when it relied on the provisions of 
OSHA's Hazard Communication standard in promulgating the Emergency 
Planning and Community Right-to-Know Act (42 U.S.C. 11001-11050) 
(EPCRA). OSHA's Hazard Communication standard, among other things, 
requires a manufacturer of a hazardous chemical to ``inform not only 
its own employees of the dangers posed by the chemicals, but downstream 
employers and employees as well.'' Martin v. American Cyanamid Co., 5 
F.3d 140, 141 (6th Cir. 1993). Congress incorporated provisions of the 
Hazard Communication standard in EPCRA as a basis for triggering 
obligations on owners or operators of facilities producing hazardous 
chemicals to provide local governments with information needed for 
emergency response. Had Congress not approved of the multi-employer 
provisions in the Hazard Communication standard, it would not have 
approved of it as a basis for obligations in the EPCRA.
    Furthermore, OSHA has consistently interpreted the OSH Act as 
authorizing it to impose multi-employer obligations in its standards. 
In addition to the Hazard Communication standard and PSM standard 
discussed above, OSHA included multi-employer provisions in its powered 
platforms standard, which requires that a building owner inform 
employers that the building installation has been inspected and is safe 
to use. 29 CFR 1910.66(c)(3). OSHA has also imposed multi-employer 
obligations in other construction standards.
    For example, in the construction asbestos standard, OSHA requires 
building owners/employers to perform initial monitoring for asbestos 
and to communicate the presence of asbestos or presumed asbestos 
containing materials to prospective employers whose employees 
reasonably can be expected to work in exposed areas. 29 CFR 
1926.1101(k)(2). In the recently promulgated steel-erection standard, 
OSHA imposed duties on controlling contractors to ensure that site 
conditions are safe for steel erection. 29 CFR 1926.752(c). OSHA just 
recently proposed in updates to its electric-power transmission and 
distribution construction standard similar multi-employer communication 
provisions. See 70 FR 34947-48. OSHA's inclusion of multi-employer 
provisions in this proposed rule is fully consistent with its past 
practice of ensuring the safety and health of all employees at 
construction worksites.
    Finally, OSHA's authority to impose these provisions is confirmed 
by the decisions of numerous courts of appeals and the Occupational 
Safety and Health Review Commission holding that an employer's duties 
and OSHA standards may extend beyond an employer's own employees. See 
Universal Constr. Co. v. OSHRC, 182 F.3d 726, 728 (10th Cir. 1999) 
(following decisions from Second, Sixth, Seventh, Eighth and Ninth 
Circuits); Access Equip. Sys., 18 BNA OSHC 1718, 1722-24 (No. 95-1449, 
1999). But see Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th 
Cir. 1981). The DC Circuit suggested in Anthony Crane Rental, Inc. v. 
Reich, 70 F.3d 1298, 1306 (DC Cir. 1995), however, that 29 CFR 
1910.12(a)--a rule promulgated by OSHA to adopt Construction Safety Act 
(CSA) standards as OSHA standards--might limit an employer's 
obligations under the construction standards in part 1926 to its own 
employees. The court did not reach the issue, noting that the parties 
had not briefed it. The proposed cranes and derricks in construction 
standard will be included in part 1926.
    Paragraph 1910.12(a) is consistent with the promulgation of 
requirements that place obligations on employers necessary to protect 
the employees of others. The provision 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.

    The language of the provision supports OSHA's interpretation that 
an employer's responsibilities can extend beyond the employer's 
employees. The first sentence makes the construction standards 
applicable to every employment and to every ``place of employment'' of 
every construction employee. This is broad language that does not limit 
an employer's obligations to its own employees. The second sentence, by 
providing that each employer must protect the employment and the places 
of employment of each of his employees, does not limit an employer's 
obligations to only protecting his or her employees and does not negate 
the broad reach of the first sentence. The two sentences, read 
together, require employers to comply with standards at all sites where 
they are working in order to protect employees who are predictably 
present at those sites.
    The sole purpose of the provision was to ``adopt and extend'' 
existing Construction Safety Act (CSA) standards applicable under the 
OSH Act. 29 CFR 1910.11. Under the CSA, standards applied only to 
employers with Federally funded contracts, and only with respect to 
employees engaged on those Federal projects. See 29 CFR part 1926 
subpart B; CH2M Hill, Inc. v. Herman, 192 F.3d 711, 718 n.1 (7th Cir. 
1999). The function of 29 CFR 1910.12(a) was to adopt the CSA standards 
as OSHA standards and in so doing to make it clear that neither of 
those limitations would apply. Thus, OSHA stressed that compliance 
would broadly extend to each construction employer (not just those with 
Federal contracts) and to every construction employee (not just those 
working on Federal projects). In no way did OSHA intend for the 
language of 29 CFR 1910.12(a) to restrict its authority to promulgate 
construction standards that establish obligations extending beyond an 
employer's own employees.
    Other factors confirm that OSHA had no intention in 29 CFR 
1910.12(a) to bar multi-employer responsibilities under the 
construction standards. OSHA issued the regulation without notice and 
comment under Section 6(a) of the Act. That section provided authority 
only to adopt established federal standards, such as the CSA standards, 
without making any substantive changes. Usery v. Kennecott Copper 
Corp., 577 F.2d 1113 (10th Cir. 1977). The CSA regulations did not 
limit multi-employer responsibilities; the regulations expressly 
provided for them. 29 CFR 1926.16. OSHA could not have intended to 
limit statutory obligations in an action under Section 6(a).
    In addition, concurrently with issuance of 29 CFR 1910.12(a), OSHA 
issued its initial Field Operations Manual, which expressly directed 
issuance of citations to construction employers who created a hazard 
endangering their own employees or those of another employer. The 
Agency has also consistently promulgated rules in 29 CFR Part 1926 that 
expressly extend employers' obligations beyond their own employees. The 
requirements in proposed 29 CFR 1926.1204 reflect this consistent 
interpretation and will ensure that all employees on construction 
worksites are protected from the hazards of confined spaces.
    The Occupational Safety and Health Review Commission's recent 
decision in

[[Page 59733]]

Secretary of Labor v. Summit Contractors (OSHRC Docket No. 03-1622 
(April 27, 2007), has no application to this proposed rule. In Summit, 
a divided Review Commission vacated citations issued to a controlling 
employer for violations of a construction standard. The two 
Commissioners who joined in this result issued separate opinions; each 
read 29 CFR 1910.12(a) as establishing a limitation on the Agency's 
authority to hold controlling employers accountable for violations. 
OSHA believes this view is mistaken, and has appealed the OSHRC 
decision to the U.S. Court of Appeals (8th Cir. No. 07-2191).
    Moreover, Summit has no bearing on the duties established under the 
proposed rule. The Summit opinions interpreted OSHA's intent under then 
existing rules. They did not question OSHA's authority under the Act to 
establish multi-employer obligations through rulemaking. OSHA is 
exercising its authority under Section 6(b) to issue this proposed 
rule, and nothing in 29 CFR 1910.12(a) limits an employer's compliance 
obligations under the rule.
    Proposed paragraph (f) would require that where a provision in the 
proposed rule directs an operator, crewmember or other employee to take 
a specified action, it would be 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.

Terminology

    According to Sec.  1926.1401, Definitions, two terms are defined as 
meaning all equipment covered by this subpart: ``Equipment'' and 
``cranes/derricks.'' In reviewing the C-DAC document, OSHA has found 
that in some places it uses the word ``crane'' standing alone when C-
DAC's intent was to refer to all covered equipment. To avoid any 
ambiguity, OSHA has modified the document where appropriate to replace 
``crane'' with either ``equipment'' or ``crane/derrick.'' Where 
``crane'' is used in a way that is technically correct, as in referring 
to ``tower cranes,'' OSHA has not changed it.
    In instances where the C-DAC document uses the phrase ``crane 
operator,'' OSHA has deleted the word ``crane.'' By definition (in 
Sec.  1926.1401) ``operator'' refers to the equipment operator and, in 
many locations, the C-DAC document already uses ``operator'' without a 
modifier to refer to the equipment operator. Therefore, use of 
``crane'' to modify ``operator'' is unnecessary and potentially 
confusing.

Section 1401 Definitions

    C-DAC included a number of definitions to clarify the meaning of 
terms used in the proposed standard. 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'')(OSHA-2007-0066-0019). Some definitions were also included 
to ensure that certain terms used in the proposed standard have a 
precise, unambiguous meaning.
    Where defined terms are used primarily in a single section or group 
of sections (such as Sec. Sec.  1926.1407-1411 on power line safety), 
the definition will be explained in the preamble to that section or 
group. Definitions that are used in a number of sections will be 
explained in this section. Table 5 shows the section or paragraph where 
each definition is discussed.

                     Table 5--Index of Defined Terms
------------------------------------------------------------------------
                                  Section or paragraph where definition
              Term                     is discussed in the preamble
------------------------------------------------------------------------
A/D supervisor.................                   Sec.   1926.1404(a)(1)
Articulating crane.............                         Sec.   1926.1401
Assembly/Disassembly...........                         Sec.   1926.1403
Assist crane...................                   Sec.   1926.1404(h)(4)
Attachments....................                   Sec.   1926.1400(b)(2)
Audible signal.................                      Sec.   1926.1419(b)
Blocking.......................                   Sec.   1926.1404(h)(2)
Boatswain's chair..............                      Sec.   1926.1431(o)
Bogie..........................                         Sec.   1926.1435
Boom (equipment other than                              Sec.   1926.1401
 tower crane)..................
Boom (tower cranes)............               Sec.   1926.1435(e)(5)(ii)
Boom angle indicator...........             Sec.   1926.1416(d)(1)(i)(A)
Boom hoist limiting device.....                   Sec.   1926.1416(d)(1)
Boom length indicator..........                   Sec.   1926.1416(e)(3)
Boom stop......................                   Sec.   1926.1416(a)(2)
Boom suspension systems........                   Sec.   1926.1404(h)(7)
Builder........................                   Sec.   1926.1436(c)(1)
Calculate......................                         Sec.   1926.1401
Center of gravity..............                   Sec.   1926.1404(h)(6)
Certified welder...............                   Sec.   1926.1431(e)(5)
Climbing.......................                   Sec.   1926.1435(b)(7)
Come-a-long....................                  Sec.   1926.1400(c)(10)
Competent person...............                         Sec.   1926.1401
Controlled load lowering.......                      Sec.   1926.1426(d)
Controlling entity.............                      Sec.   1926.1402(c)
Counterweight..................                   Sec.   1926.1404(h)(9)
Crane/derrick..................                         Sec.   1926.1400
Crawler crane..................                         Sec.   1926.1401
Crossover points...............              Sec.   1926.1413(a)(3)(iii)
Dedicated channel..............                      Sec.   1926.1420(b)
Dedicated pile-driver..........                      Sec.   1926.1439(a)
Dedicated spotter (power lines)                      Sec.   1926.1407(b)

[[Page 59734]]


Directly under the load........                   Sec.   1926.1425(e)(1)
Dismantling....................                         Sec.   1926.1405
Drum rotation indicator........                   Sec.   1926.1416(e)(5)
Electrical contact.............                    Sec.   1926.1407-1411
Employer-made equipment........                   Sec.   1926.1437(m)(4)
Encroachment...................                    Sec.   1926.1407-1411
Equipment......................                         Sec.   1926.1400
Equipment criteria.............                Sec.   1926.1412(b)(1)(i)
Fall protection equipment......                      Sec.   1926.1423(d)
Fall restraint system..........                      Sec.   1926.1423(d)
Fall zone......................                      Sec.   1926.1425(b)
Flange points..................              Sec.   1926.1413(a)(3)(iii)
Floating cranes/derricks.......                         Sec.   1926.1437
For example....................                         Sec.   1926.1401
Free fall (of the load line)...                      Sec.   1926.1426(d)
Free surface effect............               Sec.   1926.1437(m)(5)(ii)
Hoist..........................                         Sec.   1926.1401
Hoisting.......................                         Sec.   1926.1401
Include/including..............                         Sec.   1926.1401
Insulating link/device.........                Sec.   1926.1408(b)(4)(v)
Jib stop.......................                   Sec.   1926.1415(a)(3)
Land crane/derrick.............                      Sec.   1926.1437(h)
List...........................                   Sec.   1926.1437(e)(1)
Load...........................                         Sec.   1926.1401
Load moment (or rated capacity)                   Sec.   1926.1416(e)(4)
 indicator.....................
Load moment (or rated capacity)                   Sec.   1926.1416(e)(4)
 limiter.......................
Locomotive crane...............                         Sec.   1926.1401
Luffing jib limiting device....                   Sec.   1926.1416(d)(2)
Marine hoisted personnel                     Sec.   1926.1431(b)(2)(iii)
 transfer device...............
Marine worksite................              Sec.   1926.1431(b)(2)(iii)
Mobile cranes..................                         Sec.   1926.1401
Moving point-to-point..........                   Sec.   1926.1423(d)(1)
Multi-purpose machine..........                      Sec.   1926.1400(a)
Nationally recognized                          Sec.   1926.1427(b)(1)(i)
 accrediting agency............
Non-conductive.................                   Sec.   1926.1407(b)(2)
Operational aids...............                         Sec.   1926.1416
Operational controls...........                   Sec.   1926.1417(b)(2)
Operator.......................                         Sec.   1926.1401
Overhead and gantry cranes.....                         Sec.   1926.1438
Paragraph......................                         Sec.   1926.1401
Pendants.......................                   Sec.   1926.1404(h)(8)
Personal fall arrest system....                      Sec.   1926.1423(f)
Portal cranes..................                   Sec.   1926.1415(a)(1)
Power lines....................                    Sec.   1926.1407-1411
Procedures.....................                         Sec.   1926.1401
Proximity alarm................                   Sec.   1926.1407(b)(3)
Qualified evaluator (not a                        Sec.   1926.1428(a)(2)
 third party)..................
Qualified evaluator (third                        Sec.   1926.1428(a)(2)
 party)........................
Qualified person...............                         Sec.   1926.1401
Qualified rigger...............                   Sec.   1926.1425(c)(3)
Range control warning device...                   Sec.   1926.1407(a)(3)
Rated capacity.................                         Sec.   1926.1401
Rated capacity indicator.......                   Sec.   1926.1416(e)(4)
Rated capacity limiter.........                   Sec.   1926.1416(e)(4)
Repetitive pickup points.......              Sec.   1926.1413(a)(3)(iii)
Running wire rope..............            Sec.   1926.1413(a)(2)(ii)(A)
Runway.........................           Sec.   1926.1431(k)(12)(ii)(A)
Section........................                         Sec.   1926.1401
Side-boom crane................                         Sec.   1926.1440
Special hazard warnings........                  Sec.   1926. 1417(c)(1)
Stability (flotation device)...              Sec.   1926.1437(m)(5)(iii)
Standard Method................                      Sec.   1926.1419(c)
Such as........................                         Sec.   1926.1401
Superstructure.................                   Sec.   1926.1424(a)(1)
Tag line.......................                   Sec.   1926.1407(b)(2)
Tender.........................                   Sec.   1926.1437(j)(3)
Tilt-up or tilt-down operation.                      Sec.   1926.1425(e)
Tower crane....................                         Sec.   1926.1401
Travel bogie (tower cranes)....               Sec.   1926.1435(d)(2)(iv)
Trim...........................                   Sec.   1926.1437(e)(1)
Two blocking...................                   Sec.   1926.1416(d)(3)

[[Page 59735]]


Unavailable procedures.........                      Sec.   1926.1417(b)
Up to..........................                         Sec.   1926.1401
Upperstructure.................                   Sec.   1926.1424(a)(1)
Upperworks.....................                   Sec.   1926.1424(a)(1)
Wire rope......................                         Sec.   1926.1413
------------------------------------------------------------------------

    Four terms that are defined in the C-DAC document--``alongside,'' 
``appointed person,'' ``blind pick,'' and ``power down,''--were used by 
C-DAC in earlier drafts but are not used in the proposed standard. OSHA 
has therefore not included them in this section.
    ``A/D supervisor'' means ``an individual who meets this standard's 
requirements for an A/D supervisor, 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.'' 
This definition is taken from the SC&RF Handbook definition of 
``articulating boom crane.''
    ``Assist crane'' is ``a crane used to assist in assembling or 
disassembling a crane.''
    ``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.' ''
    ``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.'' This definition is discussed under paragraph 
1400(b) in the explanation of this proposed standard.
    ``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. Typically used to support latticed boom sections during 
assembly/ disassembly and under outrigger floats.''
    ``Boatswain's chair'' is ``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'' is synonymous with ``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.'' This 
definition is taken from the SC&RF Handbook.
    ``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'' is ``a device which measures the angle of 
the boom relative to horizontal.''
    ``Boom hoist limiting device'' ``includes 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. 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 systems'' are ``a system of pendants, running 
ropes, sheaves, and other hardware which supports the boom tip and 
controls the boom angle.''
    ``Builder'' means ``an employer builder/constructor of equipment.'' 
This definition is discussed under Sec.  1926.1436(c)(1) in the 
explanation of this proposed standard.
    ``Calculate'' ``includes use of a calculator.'' The Committee 
included this definition to make clear that persons who performed 
calculations under this standard may use any method, including use of a 
calculator, that yields accurate results.
    ``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'' is ``a welder that meets the nationally 
recognized certification requirements that are applicable to the task 
being performed.''
    ``Climbing'' is ``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'' is ``a person 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.'' This definition is taken from 29 CFR 1926.32(f), 
which defines ``competent person'' under OSHA's construction standards. 
Those standards assign duties to ``competent persons'' that are similar 
to those assigned under this proposed standard.
    ``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,

[[Page 59736]]

rather than the load hoist brake, to lower the load.''
    ``Controlling entity'' 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'' is 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.'' This definition is based on the definition of ``crawler'' in 
the SC&RF Handbook. Current industry terminology refers to crawler 
cranes and truck cranes together as ``mobile cranes.'' See definition 
of ``mobile crane'' below.
    ``Crossover points'' are ``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'' 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/derrick/
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)'' is defined as follows: ``In 
order to be considered a dedicated spotter, the requirements of Sec.  
1926.1428 (signal person qualifications) must be met and 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'' is ``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'' refers to ``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 point'' is ``a point 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.'' 
This definition was included to demonstrate and clarify the usage of 
the word.
    ``Free fall (of the load line)'' means ``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 surface effect'' is ``the uncontrolled transverse movement 
of liquids in compartments which reduce a vessel's transverse 
stability.''
    ``Hoist'' is ``a mechanical device for lifting and lowering loads 
by winding rope onto or off a drum.'' A hoist is the primary lifting 
mechanism used by cranes and derricks.
    ``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.'' This definition makes clear that ``hoisting'' 
is broad enough to encompass all movement of a load in the air by 
cranes/derricks and is not limited to movement caused by wire rope/
hoist drum equipment. For example, movement resulting from booming out 
a hydraulic boom that is holding a load would be ``hoisting.''
    ``Include/including'' means ``including, but not limited to.'' This 
definition demonstrates and clarifies the usage of the word.
    ``Insulating link/device'' is ``an insulating device listed, 
labeled, or accepted by a Nationally Recognized Testing Laboratory in 
accordance with 29 CFR 1910.7.''
    ``Jib stop,'' which is 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'' is the ``angle of inclination about the longitudinal axis 
of a barge, pontoon, vessel or other means of flotation.''
    ``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.'' This definition makes clear that 
in calculating the weight of the load for purposes such as making sure 
that the lift is within the equipment's rated capacity, the weight of 
all objects used to attach the load to the equipment must be included. 
As drafted by C-DAC, ``load'' referred to the weight of the object 
being lifted but not the object itself. However, ``load'' is used 
throughout the proposed standard to refer to the object being hoisted 
in addition to the weight of the load. OSHA has modified the C-DAC 
definition accordingly.
    ``Load moment (or rated capacity) indicator'' is ``a system which 
aids the equipment operator by sensing the overturning moment on the 
equipment, i.e., load multiplied by radius. It compares this lifting 
condition to the equipment's rated capacity, and

[[Page 59737]]

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'' is ``a system which 
aids the equipment operator by sensing 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'' is ``a crane mounted on a base or car equipped 
for travel on a railroad track.'' OSHA included this definition to 
remain consistent with the industry's use of the term as indicated in 
the SC&RF Handbook.
    ``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'' is ``a device, such as 
a `transfer net,' used to hoist an employee to or from a marine 
worksite that is designed to protect the employee during a marine 
transfer and that allows for rapid entry/exit from the device. Such 
devices do not include a boatswain's chair when hoisted by equipment 
covered by this standard.''
    ``Marine worksite'' is ``a construction worksite that is located 
in, on or above the water.''
    ``Mobile crane'' is ``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.'' This 
definition is derived from the SC&RF Handbook. The term ``mobile 
crane,'' as used in ASME B30.5-2004, ``Mobile and Locomotive Cranes,'' 
encompasses crawler cranes, truck cranes, and other wheel-mounted 
cranes. The 1968 version of ANSI B30.5, which is incorporated by 
reference into Subpart N, is entitled ``Crawler, Locomotive and Truck 
Cranes'' and also covered crawler cranes, truck cranes, and other 
wheel-mounted cranes (in addition to locomotive cranes). C-DAC included 
its definition of ``mobile cranes'' to reflect current industry 
terminology, which now refers to crawler cranes, truck cranes, and 
other wheel-mounted cranes collectively as ``mobile cranes.''
    The SC&RF Handbook definition states that in Europe, ``mobile 
crane'' refers to a crane mounted on a truck carrier. The C-DAC draft 
of the definition of ``mobile crane'' included this reference to 
European terminology. While the European terminology describes a device 
that is included in this proposed rule's definition of mobile crane, 
OSHA has deleted the reference to the European terminology because it 
could be read to mean, erroneously, that only truck cranes fall within 
the definition of ``mobile cranes.'' As noted above, crawler cranes and 
wheel-mounted cranes other than truck cranes also qualify as ``mobile 
cranes.''
    ``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 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 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.''
    ``Non-conductive'' 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 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 controls'' are ``levers, switches, pedals and other 
devices for controlling equipment operation.''
    ``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'').''
    ``Operator'' is ``a person who is operating the equipment.'' The 
term is therefore not restricted to job title but includes any and all 
persons who actually operate the equipment. The Committee included this 
definition to make clear that anyone operating equipment must meet all 
of the requirements of this subpart that apply to ``operators.''
    ``Overhead and gantry cranes'' is defined to include ``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.'' For example, proposed paragraph 1423(a)(1) refers to 
``paragraphs (b), (c)(2), and (e).'' Under this definition, it is 
understood that those are paragraphs in Sec.  1423. By contrast, 
paragraph 1439 refers to certain paragraphs in other sections and 
therefore includes the section designation in the reference, for 
example, ``paragraph 1416(d)(3).''
    ``Pendants'' are defined to ``include 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 cranes'' are ``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'' are ``electric transmission and distribution 
lines.''
    ``Procedures'' ``include, but are not limited to: instructions, 
diagrams, recommendations, warnings, specifications, protocols and 
limitations.'' Several paragraphs of this proposed standard, such as 
Sec.  1926.1417(a), require employers to follow manufacturer 
procedures. C-DAC developed this definition to make clear that 
``procedures'' in a provision such as Sec.  1926.1417(a) is to be 
interpreted broadly to include all recommendations by the manufacturer

[[Page 59738]]

regardless of the format of those recommendations.
    ``Proximity alarm'' is ``a device that provides a warning of 
proximity to a power line 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)'' is an ``entity that, due to 
its independence and expertise, has demonstrated that it is competent 
in accurately assessing whether individuals meet the qualifications in 
this Subpart for a signal person.'' This definition is discussed under 
Sec.  1926.1428(a)(2) in the explanation of this proposed standard.
    ``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.'' This definition corresponds to the 
definition of ``qualified'' in 29 CFR 1926.32(m). Its use here reflects 
the fact that the duties assigned to ``qualified persons'' under this 
proposal are similar to those assigned persons with comparable 
qualifications under other OSHA construction standards. By defining 
this term in the same way it is defined under other OSHA standards, C-
DAC sought to make clear that construction industry employers could 
continue to rely on their understanding of the qualifications for a 
``qualified person'' that is applied under existing standards.
    ``Qualified rigger'' is ``a rigger who meets the criteria for a 
qualified person.''
    ``Range control warning device'' is ``a device that can be set by 
the equipment operator to warn that the boom or jib tip is at a plane 
or multiple planes.''
    ``Rated capacity'' is ``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.'' The first sentence of this definition is taken from the SC&RF 
Handbook. The second sentence was added by C-DAC to clarify the meaning 
of ``working conditions.'' Many crane/derrick accidents result when the 
equipment's ``rated capacity'' is exceeded, and the Committee sought to 
provide an unambiguous definition of the term to promote compliance 
with provisions that use the term. In reviewing the C-DAC consensus 
document, OSHA noted that ``rated load'' and ``rated load capacity'' 
were used in various places to mean the same thing as the Committee's 
definition of ``rated capacity.'' For consistency and to reflect the 
intention of the Committee, all references to ``rated load'' and 
``rated load capacity'' in the consensus document have been changed to 
``rated capacity.''
    ``Rated capacity indicator'' is an alternative term for ``load 
moment indicator,'' which is defined above.
    ``Rated capacity limiter'' is an alternative term for ``load moment 
limiter,'' which is defined above.
    ``Repetitive pickup points'' are ``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'' is ``a wire rope that moves over sheaves or 
drums.''
    ``Runway'' is ``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. 
This surface can be an existing surface or created for purposes of the 
work activity.''
    ``Section'' means ``a section of this subpart, unless otherwise 
specified.'' This definition is included to ensure that the reader 
understands what ``section'' means in this standard.
    ``Side-boom crane'' is ``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'' are ``warnings of site-specific hazards 
(for example, proximity of power lines).''
    ``Stability (flotation device)'' means ``the tendency of a barge 
pontoon, 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 Appendices for hand 
signals.''
    ``Such as'' means ``such as, but not limited to.'' This definition 
was included to demonstrate and clarify the usage of the phrase.
    ``Superstructure'' is a synonym for ``upperstructure'' and 
``upperworks,'' which is defined below.
    ``Tag line'' is 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. 
This definition is included to ensure that the use of this term for the 
application of this proposed standard is consistent with how tag lines 
are commonly used to control loads during hoisting operations.
    ``Tender'' is ``an individual responsible for monitoring and 
communicating with a diver.''
    ``Tilt-up or tilt-down operation'' is the ``raising/lowering of a 
load from the horizontal to vertical or vertical to horizontal.''
    ``Tower crane.'' C-DAC defined a tower crane as: A type of lifting 
structure which utilizes a vertical mast or tower to support a working 
boom (jib) suspended from the working boom. While the working boom may 
be fixed horizontally or have luffing capability, it can always rotate 
about the tower center to swing loads. The tower base may be fixed in 
one location or ballasted and moveable between locations.''
    In reviewing this language, OSHA believes that several changes are 
needed. First, a characteristic of tower cranes that is missing from 
the C-DAC definition is 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. Third, 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. The definition does 
not make clear that both types are considered tower cranes for purposes 
of this proposed standard.
    Therefore, the Agency has modified this language for the definition 
in the proposed rule as follows:

    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.

    OSHA requests public comment on these changes.
    ``Travel bogie (tower cranes)'' is ``an assembly of two or more 
axles arranged to permit vertical wheel displacement

[[Page 59739]]

and equalize the loading on the wheels.''
    ``Trim'' is the ``angle of inclination about the transverse axis of 
a barge, pontoon, vessel or other means of flotation.''
    ``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'' is a synonym for ``superstructure'' and 
``upperworks,'' which is defined below.
    ``Upperworks'' means ``the revolving frame of equipment on which 
the engine and operating machinery are mounted along with the 
operator's cab. The counterweight is typically supported on the rear of 
the upperworks and the boom or other front end attachment is mounted on 
the front.'' ``Superstructure'' and ``upperstructure'' are synonyms for 
``upperworks.''
    The second sentence of C-DAC's version of this definition stated: 
``The counterweight is typically supported on the rear of the 
upperstructure * * *.'' OSHA has changed the word ``upperstructure'' to 
``upperworks'' to avoid any confusion that could be caused by using one 
synonym in the definition of another.
    ``Up to'' means ``up to and including.'' This definition is 
included to make the meaning of the phrase clear.
    ``Wire rope.'' The C-DAC document defined this term as ``rope made 
of wire,'' the definition that is used in this proposed rule. However, 
some wire rope has a fiber core, which proposed Sec.  1926.1414 permits 
to be used for purposes other than boom hoist reeving. However, the C-
DAC definition indicates that such rope would not be considered ``wire 
rope.'' OSHA requests public comment on whether a more suitable 
definition would be the one used by SC&RF, which is the following:

    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.

Section 1402 Ground Conditions

    The Committee believed that the failure to have adequate ground 
conditions is a significant crane safety problem. Adequate ground 
conditions are essential for safe crane operations because the crane's 
capacity and stability depend on such conditions being present.
    In the Committee's view, there have been several key problems 
regarding ground conditions. First, cranes are commonly brought on site 
by a subcontractor, who typically neither has control over ground 
conditions nor knowledge of hidden hazards. For example, an HVAC 
subcontractor will usually not have the contractual authority to alter 
site conditions and will not know about hidden conditions such as sewer 
lines under the area where the crane will be located. Consequently, 
when ground conditions are inadequate, the subcontractor is typically 
unable to correct those conditions itself. Attempts to get other 
entities at the site to correct the conditions are often unsuccessful, 
which has led to cranes being set up on inadequate ground conditions.
    Another problem is that 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 
crane operations. This proposed section is designed to address these 
problems so that ground conditions will be made sufficient for safe 
crane operations.
Paragraph 1402(a) Definitions
    Proposed paragraph (a) provides definitions of key terms used in 
this proposed section.
    The term ``ground conditions'' would be defined as the ability of 
the ground to support the equipment (including slope, compaction and 
firmness). The Committee believed that slope, compaction and firmness 
are the key factors that are involved in the ability of the ground to 
support the equipment.
    ``Supporting materials'' would be 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).
Paragraph 1402(b)
    Under proposed paragraph (b), the equipment would be prohibited 
from being assembled or used unless ground conditions are firm, drained 
(except for marshes/wetlands), 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 Committee believed that crane tip-over incidents caused by 
inadequate ground conditions are a significant cause of injuries and 
fatalities. 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 believed that requiring adequate ground conditions will 
prevent many of these accidents.
    This proposed provision would not require the ground conditions 
alone to be sufficient to support the equipment. The Committee 
recognized that such a requirement would be unnecessarily restrictive, 
since adequate support can often be achieved with the use of supporting 
materials. However, supporting materials cannot compensate for all 
ground condition problems. As a result, the Committee found that an 
appropriate approach would be to require that ground conditions be 
sufficiently firm, drained (except for marshes/wetlands) and graded to 
a sufficient extent so that, in conjunction (if necessary) with 
supporting materials, the support and degree of level would be 
adequate. ``Adequate'' in this context would mean sufficient to meet 
the equipment manufacturer's specifications for support and degree of 
level of the equipment.
    In practical terms, the ultimate test of whether this criterion is 
met is whether the equipment can be set up so that it is within the 
manufacturer's specifications for the needed support for the equipment 
and the degree of level of the equipment and whether it can remain 
within those specifications while in use.
    The Committee considered using more specific criteria, such as 
specifications for slope, compaction and firmness. That approach was 
rejected by the Committee for two reasons. First, in its view, such 
specifications would be unduly burdensome since employers would need to 
conduct complex tests with sophisticated instruments to ensure 
compliance. Second, it believed that such tests are unnecessary because 
the person or persons supervising the equipment assembly and the crane 
operator would have sufficient expertise to assess the adequacy of 
ground conditions without the use of complex

[[Page 59740]]

ground assessment tests and related instruments.
    The individual (or team) supervising the equipment assembly 
(referred to in proposed Sec.  1926.1404(a) as the ``A/D supervisor'') 
would, under proposed Sec.  1926.1404(a), individually or collectively 
meet the definition of both a competent and qualified person. Also, 
under proposed Sec.  1926.1427 (and specifically proposed Sec.  
1926.1427(j)(1)(i)(E)(1)), the crane operator would have technical 
knowledge applicable to the suitability of the supporting ground and 
surface to handle expected loads. In view of that level of knowledge, 
the Committee believed that both the A/D supervisor and the crane 
operator would be able to assess the adequacy of ground conditions 
without the use of complex ground assessment tests and related 
instruments.
    OSHA notes that proposed Sec.  1926.1402(e) refers to the 
``individual'' supervising the equipment assembly. Since the individual 
or individuals supervising the equipment assembly are referred to 
throughout this proposed rule as the ``A/D supervisor,'' \4\ OSHA has, 
for clarity, replaced the phrase ``individual supervising the equipment 
assembly'' in Sec.  1926.1402(e) with ``A/D supervisor.''
    Proposed paragraph 1402(b) would require the ground to be drained 
except for marshes/wetlands. This exception was included because the 
Committee was aware that, in many instances, the draining of marshes/
wetlands is prohibited or restricted by environmental laws. Since there 
are devices available, such as marsh buggies, that are designed to 
provide adequate support to cranes in such areas (a marsh buggy is a 
device designed to support equipment such as a crane in swampy terrain; 
it can cross such terrain with that equipment on board), the Committee 
believed that such an exception would be appropriate.
---------------------------------------------------------------------------

    \4\ ``A/D supervisor'' is defined in proposed Sec.  1926.1401, 
Definitions.
---------------------------------------------------------------------------

Paragraph 1402(c)

    Under proposed paragraph 1402(c), the controlling entity would have 
several specific duties regarding ground conditions. ``Controlling 
entity'' is defined in proposed Sec.  1926.1401 as ``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 
mirrors the definition of ``controlling contractor'' in the steel 
erection standard, subpart R of 29 CFR part 1926, reflects the core 
principle of general supervisory control over the construction site as 
the central theme of the concept. The Committee believed that 
``controlling entity'' would be a better term for this concept than 
``controlling contractor'' because some employers may mistakenly 
believe that ``controlling contractor'' refers only to general 
contractors. Since in some instances an entity other than a general 
contractor has general supervisory control of the worksite, such an 
entity would meet the terms of the definition.
    Proposed paragraph 1402(c)(1) would require the controlling entity 
to ensure that ground preparations necessary to meet the requirements 
in proposed paragraph (b) of this section are provided.
    Currently, Subpart N does not specify who is responsible for 
providing for such preparations. In effect, reliance is placed on the 
various parties to work out who would have such responsibility through 
contractual arrangements. In the experience of a number of Committee 
members, in many instances the parties are unable to agree on who will 
have (or has) that contractual responsibility, with the result that 
inadequate ground conditions often do not get corrected. Consequently, 
the Committee believed that it is necessary to specify who will have 
ground condition responsibility.
    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 considered the fact that some 
controlling entities claim to not know when a crane will arrive at the 
site, and would therefore be unable to timely arrange for the necessary 
ground condition preparations. However, the Committee found this 
unpersuasive. It believed that the controlling entity, by virtue of its 
control over the site and normal business responsibilities for the 
construction project itself, is fully able to be cognizant of 
construction schedules and information about crane use by its 
subcontractors.
    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 proposed 
Sec.  1926.1402(e). Under that proposed provision, if the A/D 
supervisor or the operator determines that ground conditions do not 
meet the requirements in proposed paragraph (b) of this section, that 
person's employer would be required to have a discussion with the 
controlling entity.\5\ This discussion would concern the ground 
preparations that are needed so that, with the use of suitable 
supporting materials/devices (if necessary), the requirements in 
proposed paragraph (b) of this section can be met. This discussion 
would serve as a mechanism for those with expertise regarding the 
ground conditions needed to meet proposed paragraph (b) of this section 
to convey that information to the entity responsible for making the 
necessary preparations.
---------------------------------------------------------------------------

    \5\ The SBREFA Panel recommended that OSHA consider whether use 
of the words ``determine'' and ``demonstrate'' would require 
employers to make and keep records to support such determinations 
and demonstrations. OSHA notes that records would not be required in 
these instances. Only where this proposal explicitly requires the 
employer to maintain records or documentation (see, e.g., proposed 
Sec.  1926.1412(e)(3) on documentation of monthly inspections) is an 
employer required to create and/or maintain records.
---------------------------------------------------------------------------

    Proposed paragraph 1402(c)(2) addresses the problem of hidden 
hazards beneath the equipment set-up area. Open spaces underground, 
such as from voids, tanks, and utilities such as sewer, water supply 
and drain pipes, can greatly compromise the ability of the ground above 
them to support the equipment. At the set-up area, there are often no 
readily apparent visual clues above ground that such hazards exist 
under the area. 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.
    Under proposed paragraph 1402(c)(2), the controlling entity would 
be 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, utilities) that are identified in documents 
(such as site drawings, as-built drawings, and soil analyses) if they 
are available to the controlling entity.
    In 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. For example, a sewer line may be 
marked on a site drawing, an as-built drawing, or in a soil analysis. 
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

[[Page 59741]]

controlling entity does not possess such a document, it would not be 
required to obtain it from another source.
    The proposed provision would not require the controlling entity to 
identify hazards that are not identified in such documents. In other 
words, it would not require the controlling entity to arrange for tests 
to be done at the site to determine if such hazards are present. The 
Committee believed that such a requirement would be unduly burdensome 
on the controlling entity. In its view the proposed provision would be 
sufficient because such hazards are typically identified in these 
documents in the normal course of business.
    The Committee also believed that the duty to provide this 
information should be limited to hazards identified in documents that 
are available to the controlling entity. 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 
believed such a duty would be unduly burdensome and unnecessary.
    During the SBREFA meeting an SER commented on the difficulty and 
time consumed in getting approval from the controlling entity to make 
sure ground conditions were adequate, especially since many controlling 
entities were resistant to checking the site themselves for adequate 
ground conditions. The commenter further stated that his company relies 
on the steel erectors to test ground conditions for the proper support 
and that this system seems to work fine. OSHA notes that while the 
proposed rule would not preclude such arrangements, the responsibility 
for meeting the requirements of proposed paragraph (c) would 
nonetheless rest with controlling entity. Moreover, OSHA believes that 
this comment is illustrative of the need for the standard to require 
the controlling entity's involvement in this phase of the project.
    Another SER expressed concern that the rule could not be properly 
implemented due to the number of communication channels a subcontractor 
would have to juggle before finally getting in contact with the 
controlling entity. For example, a subcontractor may have to go through 
several other subcontractors before it reaches the controlling entity. 
OSHA believes that, if controlling entities had the responsibilities 
set out in proposed paragraph (c), controlling entities would be more 
likely to facilitate such communication.
Paragraph 1402(d)
    In the event that no controlling entity exists, proposed paragraph 
1402(d) provides that the requirement in paragraph (c)(1) of this 
section shall 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. 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 proposed paragraph (b) 
would fall to that employer. However, that employer would not be 
required to comply with proposed paragraph (c)(2) of this section. This 
is because the information required to be disclosed under proposed 
paragraph (c)(2) is not likely to be available to that employer.
Paragraph 1402(e)
    Proposed paragraph 1402(e) would establish a mechanism for a 
controlling entity to obtain information from the A/D supervisor or the 
equipment operator about insufficient ground conditions and the 
preparations needed to correct the problem. Specifically (as discussed 
above in the context of proposed Sec.  1926.1402(c)(1)), if the A/D 
supervisor or equipment operator determines that ground conditions do 
not meet the criteria in proposed paragraph (b) of this section, that 
person's employer would be 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 proposed paragraph (b) can be met.
    The Committee believed 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 supervisor or operator, who have that 
expertise, so that the preparations needed for safe crane operations 
can be made.
    For example, controlling entity C, who has experience working with 
only relatively light, low capacity cranes, believes that the ground in 
set-up area Q is suitable. However, the crane that is going to be used 
is a high capacity crane. Because of the substantially greater weight 
of the high capacity crane, a greater degree of compaction of the soil 
in set-up area Q is needed. When the operator of the high capacity 
crane arrives at the site, the operator recognizes the need for more 
compaction. In this example, under this proposed provision, the 
operator's employer would then be required to have a discussion with 
controlling entity C regarding the need for greater compaction. As a 
result of the ensuing discussion, controlling entity C would have the 
additional information it needs so that it could then comply with 
proposed paragraph (c)(1) of this section by ensuring that the 
additional compaction needed to meet the criteria in proposed paragraph 
(b) of this section is performed.
    Also, proposed Sec.  1926.1402(e) would place a duty on the 
employer of the A/D supervisor or equipment operator irrespective of a 
controlling entity's lack of expertise. For example, if the controlling 
entity fails to ensure necessary ground condition preparations, action 
would be required of the A/D supervisor's or operator's employer. If 
either determined that ground conditions were insufficient to meet the 
proposed paragraph (b) criteria, that employer would be required to 
discuss the preparations that needed to be made with the controlling 
entity. The Committee believed that, in such circumstances, such a 
discussion would make it more likely that the requirements in proposed 
paragraph (b) would be met which, as discussed above, is necessary for 
safe crane operations.

Sections 1403-1406 Assembly and Disassembly

    Proposed Sec. Sec.  1926.1403 through 1926.1406 set out 
requirements designed to ensure the safety of employees while equipment 
is assembled and disassembled, which includes the erecting and 
dismantling of tower cranes. 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. Two 
analyses of data support their view.
    A recent analysis of data published in the Journal of Construction 
Engineering and Management, authored by J.E. Beavers, J.R. Moore, R. 
Rinehart and W.R. Schriver, found that being ``crushed during assembly/
disassembly'' was the third highest proximate cause of crane related 
fatalities during 1997 to 2003.\6\ (OSHA-2007-0066-0012). Contributing 
physical factors included improper assembly, improper disassembly 
(specifically, pin removal), and improper boom support. The study 
indicates that these assembly/disassembly fatalities occurred while 
using lattice boom cranes.
---------------------------------------------------------------------------

    \6\ This study found that being struck by a load was the number 
one proximate cause of crane-related fatalities, followed by 
electrocution. Crushed by assembly and disassembly made up 12% of 
the total number of crane related fatalities in this study.
---------------------------------------------------------------------------

    A 1997 study by A. Suruda, M. Egger and D. Liu analyzed crane 
related

[[Page 59742]]

fatalities from 1984 to 1994.\7\ This study determined that crane 
assembly and disassembly was the second leading cause of crane related 
fatalities, comprising 12% (or 58 deaths) of the total number of crane 
fatalities from 1984 to 1994. More specifically, a majority of these 
fatalities involved lattice boom cranes and a relatively small number 
involved tower cranes.\8\ Almost 90 percent of the fatalities involving 
lattice boom cranes resulted when employees were removing boom pins 
from underneath an unsupported boom. (A. Suruda, et al., ``Crane-
Related Deaths in the U.S. Construction Industry, 1984-94'' (1997) 
(OSHA-2007-0066-0013).\9\
---------------------------------------------------------------------------

    \7\ This study was limited to crane related fatalities in the 
U.S. construction industry.
    \8\ Out of the 58 fatalities, 93% involved lattice boom cranes 
and 7% involved tower cranes.
    \9\ In contrast, a 34-year study (1969-2002) conducted by the 
Province of Ontario indicates that dismantling the boom is not a 
leading cause of mobile crane fatalities. This study concluded that 
dismantling the boom ranked sixth out of eight causes of mobile 
crane fatalities within the Province of Ontario during 1969 through 
2002. Dismantling the boom comprised only 4% of the fatalities 
during this time period. (OSHA-2007-0066-0009).
---------------------------------------------------------------------------

    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.
    Note that the term ``procedures'' which is used in the proposed 
assembly/disassembly provisions is defined (see Sec.  1926.1401) to 
include (but is not limited to) instructions, diagrams, 
recommendations, warnings, specifications, protocols and limitations. 
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 proposed 
standard.

Section 1403 Assembly/Disassembly--Selection of Manufacturer or 
Employer Procedures

    In Sec.  1926.1401, ``assembly/disassembly'' is 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 added this definition to avoid any implication 
that Sec. Sec.  1926.1403-1406 on ``assembly/disassembly'' 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.  1926.1403-1406 apply to tower cranes and, for that 
purpose, use tower crane terminology.
    Proposed Sec.  1926.1403 would require employers to choose among 
two options: Assemble and disassemble cranes and derricks by following 
the manufacturer's procedures, or use their own assembly/disassembly 
procedures (if they meet the proposed rule's criteria in Sec.  
1926.1406). Note, though, that the assembly/disassembly requirements in 
proposed Sec. Sec.  1926.1404 and 1405 must be met regardless of which 
option the employer selects.
    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, and OSHA 
agrees, 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, 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 Committee also agreed that, while use of methods other than 
those of the manufacturer should be allowed, such employer-developed 
procedures need to meet certain benchmarks (see the criteria in 
proposed Sec.  1926.1406) to ensure that they are adequate to protect 
the employees during the assembly/disassembly process.

Section 1404 Assembly/Disassembly--General Requirements (Applies to All 
Assembly and Disassembly Operations)

    In examining the underlying causes of fatalities and injuries from 
assembly/disassembly accidents, the Committee determined that a 
systematic, proactive approach, designed to highlight the key hazards 
involved, was needed. C-DAC developed a list of those hazards and then 
considered how to deal with each one. It became apparent in that 
discussion that the action needed to address some of these hazards is 
specific and straightforward. These are addressed in paragraphs (a) 
through (g) and (j) through (q) of this proposed section. However, with 
regard to others, the wide variety of circumstances and methods that 
could be used to address them made specifying particular, detailed 
actions impractical and needlessly inflexible. For those, C-DAC decided 
to require that the hazard be addressed but to have an Assembly/
Disassembly supervisory (A/D supervisor) determine how to deal with 
them; these are covered in paragraph (h). Note that the requirements in 
proposed Sec.  1926.1404 would apply irrespective of whether 
manufacturer or employer procedures were used.

New Issue

    The Agency has been investigating a March 15, 2008 collapse of a 
tower crane in New York City. One aspect of that investigation has 
focused on the use of synthetic slings in the process of attaching a 
bracing collar to the tower (the installation of such collars is part 
of the crane assembly process). This prompted the Agency to examine the 
existing OSHA standards applicable to the use of synthetic slings 
during crane assembly/disassembly.
    In the course of that examination, OSHA has determined that neither 
Subpart N nor 29 CFR 1926.251, Rigging equipment for material handling, 
specifically addresses the hazard posed when a synthetic sling is used 
in a manner that can cause compression or distortion of the sling, or 
when the sling is in contact with a sharp edge. Consequently, the 
Agency is considering adding a provision to Sec.  1926.1404 to address 
these hazards.\10\
---------------------------------------------------------------------------

    \10\ C-DAC did not consider hazards associated with the use of 
synthetic slings during assembly/disassembly.
---------------------------------------------------------------------------

    One way of addressing these hazards would be to prohibit the use of 
synthetic slings in the assembly/disassembly of equipment covered by 
this proposed standard. Another way that the Agency is considering to 
address these hazards is to require padding or similar measures when 
needed to protect the slings from being damaged such as from being cut, 
compressed or distorted. OSHA requests public comment on this issue.
Paragraph 1404(a) Supervision--Competent--Qualified Person
    Proposed paragraph (a) would require supervision of the assembly/
disassembly process by an ``A/D supervisor.'' Section 1926.1401 defines 
``A/D supervisor'' as ``an individual who meets this proposed 
paragraph's criteria for being an A/D supervisor, irrespective of the 
person's formal job title or whether the person is non-management or 
management personnel.'' C-DAC defined the term in this way to make

[[Page 59743]]

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 supervisor.
    The A/D supervisor would have to meet the definition of both a 
``competent'' and ``qualified'' person as OSHA defines those terms.\11\ 
The Committee believed that having an A/D supervisor overseeing the 
assembly/disassembly process who had both the authority to correct a 
hazard or stop the process and who had the expertise of a qualified 
person was necessary to ensure the safety of the operation.
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    \11\ Proposed Sec.  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 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 29 CFR 1926.32(f) and 29 CFR 
1926.32(m).
---------------------------------------------------------------------------

    Many of the hazards involved in the process are not obvious to 
those with limited knowledge and experience in assembly/disassembly. 
There are numerous scenarios in which there is stored kinetic energy in 
the equipment's component parts. The installation or removal of 
components in the wrong order, or using the wrong procedure, can 
release that energy in ways that would be unexpected to those with 
little knowledge of the process.
    For example, failure to place blocking in the correct position 
under a boom can lead to unexpected movement or collapse of the boom 
when a pin that is in tension is removed. Workers unfamiliar with the 
concept of pins in tension may not recognize the dangers of removing it 
in that circumstance. Having a person overseeing the process that has 
the expertise needed to know how the process is supposed to be done, 
the ability to recognize dangerous situations and how to remedy them, 
and the authority to take corrective action, is crucial to ensuring 
that the assembly/disassembly process is completed safely.
    The Committee agreed that the A/D supervisor did not have to be one 
individual since two people (one with the requisite expertise and the 
other with the authority to take corrective action), working as a team, 
would be as effective in overseeing the process as one individual.
    The A/D supervisor would oversee the implementation of the proposed 
requirements in paragraphs (a) through (g) and (j) through (q) of this 
proposed section, and would also address the hazards as described in 
paragraph (h) of this proposed section.
Paragraphs 1404(b) Knowledge of the Procedures, and 1404(c), Review of 
the Procedures
    Proposed paragraph (b) would require that the A/D supervisor 
understand the assembly/disassembly procedures. In addition, proposed 
paragraph (c) requires the A/D supervisor to review them prior to 
starting the process unless experience in having used them on the same 
type and configuration of equipment makes their review unnecessary. One 
example would be an A/D supervisor who has overseen the erection of a 
tower crane with the same configuration for numerous jobs in the past 
year. If that A/D supervisor had, through that repetitive experience, 
developed a knowledge and understanding of the assembly procedures to 
the point where reviewing them prior to beginning assembly was no 
longer necessary, he/she would not be required to review them.
    Without a thorough knowledge of these procedures, the A/D 
supervisor would be unable to ensure that the assembly/disassembly 
process is conducted safely.
Paragraph 1404(d) Crew Instructions
    Under this proposed provision, before beginning assembly/
disassembly operations, the A/D supervisor would have to determine that 
the crew members understand their tasks and the associated hazards, as 
well as any hazardous positions/locations that they need to avoid.
    The Committee was of the view that accidents during assembly/
disassembly are often caused by misunderstandings of the employees 
working in the assembly/disassembly crew as to their tasks and how they 
are to be performed, as well as a failure to recognize potentially 
dangerous areas in and around the equipment. The details of these tasks 
and, in particular, the location of danger areas from which workers 
need to keep themselves and their extremities clear, often vary from 
one machine to another. Having the A/D supervisor check to make sure 
that the crew members know this essential information before starting 
the assembly/disassembly process would be, in the Committee's view, an 
effective and practical means of addressing this aspect of the problem.
Paragraph 1404(e) Protecting Assembly/Disassembly Crew Members Out of 
Operator View
    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 believed 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.
    This provision would therefore require that the crew member inform 
the operator that he/she is going to a location in, on, under, or near 
the equipment or load that is out of view of the operator where the 
movement of the equipment could injure the worker. The operator would 
be prohibited from moving any part of the crane/derrick or load until 
the operator gives a warning (the significance of which is understood 
by the crew member) and sufficient time for the crew member to move to 
a safe location, or the operator is informed through a pre-arranged 
means of communication that the crew member has moved to a safe 
location. Committee members indicated that the use of the (understood) 
warning coupled with sufficient time to exit, and the use of a pre-
arranged means of communication, are each currently used by many 
employers and have proved to be effective.
    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. Such 
a change could be made by changing the last phrase in proposed 
paragraph (e)(1) of this section to read, ``the crew member shall 
inform the operator directly or through someone instructed by the crew 
member that the crew member is going to that location.'' OSHA is asking 
for public comment on this suggestion. In particular, OSHA is asking 
for comment on whether this approach would be as protective of the crew 
members as the proposal, given that it would allow indirect 
communication between the crew members and the operator.

[[Page 59744]]

Paragraph 1404(f) Working Under the Boom, Jib or Other Components
    The proposed provision would establish a general prohibition 
against employees being under the component when pins or similar 
devices are being removed (note that this provision is similar to 
section 5-3.1.3(l) of ASME B30.5-2004). An exception is provided for 
instances where the employer demonstrates that site constraints require 
being positioned under the component and the employer takes steps to 
minimize the risk of dangerous movement and duration and extent of 
exposure.
    The Committee discussed the inherently hazardous nature of removing 
pins while being under the boom (and jib or similar components). If the 
wrong pins are removed while employees are under the component, it can 
move or collapse, posing a severe hazard to the worker. Even when pins 
are removed in the correct order, there may be unexpected stresses in 
the component which, as stored kinetic energy that may not be apparent 
until that energy is released upon the removal of the pin--at which 
time unexpected movement of the component may result. While other 
proposed provisions in the assembly/disassembly sections address this 
same hazard in other ways, these provisions in combination form a 
layered approach to safety.
    The Committee discussed whether any exceptions should be allowed to 
the prohibition against workers being under the component during pin 
removal. It determined, after considerable discussion, that the only 
type of situation where it may be inappropriate to apply the 
prohibition involves site constraints. For example, in some 
circumstances there is no room to assemble/disassemble the boom 
horizontally using ground support, and the boom has to be assembled/
disassembled ``in the air'' (that is, at an angle well above 
horizontal, or over an area, such as a large excavation, where there is 
no ground available for support). In some of those situations, one or 
more employees may have to be under the boom for certain periods of 
time in the pin removal process.
    Therefore, the proposed provision includes an exception to cover 
such instances. However, in those instances the hazard of being under 
the component is still present. Because of that, the Committee believed 
it important to limit the application of the exception and, where it 
would apply, to ensure that steps would be taken to limit the risks 
involved. Therefore, the exception would be applicable only where the 
employer demonstrates that site constraints require being positioned 
under the component and the employer takes steps to minimize the risk 
of dangerous movement and duration and extent of exposure.
    An example of a method for minimizing that risk and the exposure is 
provided in proposed Non-Mandatory Appendix D. The Committee considered 
making that method mandatory, but decided to include it only as an 
example because there may be other effective methods, which should not 
be excluded.
Paragraph 1404(g) Capacity Limits
    This proposed provision would require 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 would apply 
``during all phases of assembly/disassembly.'' One example of the risk 
created by not following capacity limits is the process of installing 
counterweights. In some cases the crane being assembled is used to 
install its own counterweights. Early in this process, when few 
counterweights are in place, the crane's capacity will be so limited 
that swinging beyond a certain point, or booming out beyond a certain 
point, may cause it to overturn.
    It should be noted 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 proposed Sec.  
1926.1417(o), Compliance with rated capacity, with respect to the 
assist crane.
Paragraph 1404(h) Addressing Specific Hazards
    For assembly and disassembly, this provision sets out specific 
hazard topics which the A/D supervisor must address. The Committee 
believed that requiring specific means and methods for protecting 
against these hazards (and, where specified goals are stated, for 
attaining those goals) would be too limiting. Therefore, the A/D 
supervisor must consider each listed hazard, determine the appropriate 
means of addressing it, and oversee the implementation of that method.
Paragraph 1404(h)(1) Site and Ground Bearing Conditions
    This proposed provision would work in conjunction with proposed 
Sec.  1926.1402, which addresses ground conditions for both assembly/
disassembly and use of the equipment, including ground condition 
criteria. Proposed Sec.  1926.1404(h)(1) would require the A/D 
supervisor to assess the ground conditions for conformance with those 
criteria, and to assess the site for suitability for assembly and 
disassembly.
    Before beginning assembly/disassembly, the A/D supervisor would 
have to make the determination that ground bearing conditions are 
adequate to support the equipment during assembly/disassembly (the 
concept of adequate ground bearing conditions is discussed in detail 
above regarding proposed Sec.  1926.1402). In addition, the A/D 
supervisor would have to consider the adequacy of site conditions which 
might affect the safety of assembly or disassembly. For example, at a 
construction site in an industrial facility with overhead piping 
carrying hazardous materials, the A/D supervisor would have to consider 
the potential for the equipment contacting the piping in determining 
where and how to conduct the assembly/disassembly operations.
Paragraph 1404(h)(2) Blocking Material and 1404(h)(3) Proper Location 
of Blocking
    These two provisions address the hazards associated with inadequate 
blocking. ``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 the SC&RF Handbook.
    Proper blocking plays an important role in assembly/disassembly 
safety. Blocking is used in a variety of circumstances to compensate 
for minor ground sloping and/or to enhance stability by spreading out 
the area over which forces from the load are transferred to the ground. 
It is used to help support assembled equipment (usually placed under 
outrigger pads) and during assembly/disassembly to support components. 
Blocking that is undersized, insufficient in type or number, in poor 
condition, and/or stacked in an unstable manner could lead to a failure 
of support and consequent unplanned movement or collapse of the 
equipment or component.
    When used to support lattice booms or lattice components, the 
failure to place blocking in the correct location could have several 
dangerous consequences. For example, incorrect placement in some 
instances could cause a part of the lattice boom/component to bear too 
much force and damage it. That damage could

[[Page 59745]]

compromise structural integrity and, in some cases, may not be 
immediately noticed. If the assembly process were to continue 
nonetheless, the boom/component could fail.
    Improper blocking location may also result in a failure to provide 
adequate support of the boom/component. One example is blocking used to 
provide support to a boom section that will need it later in the 
disassembly process, such as after pins are removed. If the blocking is 
in the wrong place, once the pins are removed, unplanned movement or 
collapse could result. Note that proposed Sec.  1926.1404(h)(3) on 
proper blocking location is similar to section 5-3.1.3(k) of ASME 
B30.5-2004 (blocking to be appropriately placed to prevent inadvertent 
dropping of the boom).
    Proposed paragraph (h)(3) (Proper location of blocking) is 
unchanged from the C-DAC document and its applicability is limited to 
lattice booms and components. However, it is the Agency's understanding 
that other types of booms and components (i.e., those for hydraulic 
cranes) also are at times assembled and disassembled in the field and 
may similarly need blocking. Consequently, it appears to the Agency 
that it may be appropriate to broaden the provision so that it would 
apply to all booms and components, not just lattice boom and 
components. OSHA is soliciting comments from the public on whether 
proposed paragraph (h)(3) of this section should be broadened to apply 
to all booms and components.
Paragraph 1404(h)(4) Verifying Assist Crane Loads
    This proposed 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 proposed Sec.  
1926.1417(o)(3) 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 proposed paragraph (o) of 
this section that it not be used in a manner that exceeds its rated 
capacity.
    The Committee was concerned that, at times, resulting loads on 
assist cranes during the assembly/disassembly process are not properly 
anticipated. For example, when a boom is being disassembled in a 
cantilevered position, an assist crane is sometimes used to help 
support the boom. In some instances, the load prior to pin removal is 
within the assist crane's rated capacity, but exceeds its rated 
capacity once the pins are removed, causing a collapse.
    The Committee discussed having one section on capacity limits for 
equipment, equipment components and accessories as well as for any 
assist equipment used while assembling or disassembling. The Committee 
agreed that having a separate section on capacity limits for assist 
cranes was less confusing and would help highlight the hazard as it 
pertains to assembly/disassembly.
Paragraph 1404(h)(5) Boom and Jib Pick Points
    This proposed provision would require the A/D supervisor 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. Typically facilitating the safe handling of the 
boom/jib or boom/jib sections means using pick points that will result 
in the boom/section being at an intended angle (that is, 90 degrees to 
the load line or some other intended angle) when hoisted. For example, 
if the boom/section is intended to be horizontal, and only one pick 
point is going to be used, the pick point must coincide with the center 
of gravity. If the boom/section is intended to be at some other angle, 
a pick point would need to be identified that would generate that 
intended angle. Failure to use an appropriate pick point in this regard 
can create a situation in which there is a greater likelihood of 
unintended movement in connecting or disconnecting the boom/section.
Paragraph 1404(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 supervisor would be required to 
identify the center of gravity of the load.
    The ``center of gravity'' of an object is defined in Sec.  
1926.1401 as ``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.'' This definition is similar 
to the one in the SC&RF Handbook.
    One example of where it would be necessary to identify the center 
of gravity is where the assembly/disassembly crew relies on an assist 
crane to suspend a component in a horizontal position. In such 
instances the center of gravity must be identified in order to 
correctly install the rigging. If the center of gravity were not 
identified, employees might try to compensate by riding on the section/
component while it is being moved into place, which is quite dangerous. 
Also, in such a situation, if the component gets ``hung-up,'' it can 
move unexpectedly if it becomes freed.
    In contrast, some methods for maintaining stability do not depend 
on rigging or supporting the component to attain horizontal balance. 
For example, if two adjoining sections of a boom are being disconnected 
from each other, and both sections are supported at all four end points 
by blocking, identifying the center of gravity of each section would 
not normally be necessary.
    The Committee anticipated that there may be instances where the 
assembly/disassembly method being used necessitates the identification 
of the center of gravity, but the employer is unable to get sufficient 
information to make that identification accurately. In those instances, 
measures would be required to be put in place that would prevent 
unintended dangerous movement resulting from an inaccurate 
identification of the center of gravity. An example of one such method 
is described in the proposed Non-Mandatory Appendix D of proposed 
subpart CC.
Paragraph 1404(h)(7) Stability Upon Pin Removal
    This proposed paragraph requires that boom sections, boom 
suspension systems (such as gantry A-frames and jib struts) or 
components must be rigged or supported to maintain stability upon the 
removal of the pins. ``Boom suspension systems'' are 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.
    The Committee identified the process of pin removal as one that has 
proved to be particularly hazardous. Potential energy in these 
sections, systems and components can be released suddenly during this 
process, resulting in unanticipated movement, ranging from shifting to 
collapse. Even small movements can result in injury,

[[Page 59746]]

including amputations; larger movements and collapses can cause fatal 
injuries.
    The Committee determined that the key to preventing these injuries 
and fatalities is through ensuring that the sections/components will 
remain stable upon the removal of the pins. Instability can have a 
variety of causes, including improper assembly/disassembly sequencing, 
improper rigging, incorrectly designed support, blocking failures and 
ground compression. Therefore, under this proposed provision, the A/D 
supervisor would be required to make sure that the sections/components 
are rigged or supported by maintaining stability once the pins are 
removed.
Paragraph 1404(h)(8) Snagging
    This proposed 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). In Sec.  1926.1401, 
``pendants'' are defined to ``include 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.'' This definition is similar to that in the 
SC&RF Handbook, but with the addition of the reference to ``bar type'' 
pendants.
    Many times the pendant cables hang alongside the boom and may get 
caught (snagged) on the pins, bolts, or keepers as the operator raises 
the boom. If this were to occur the cables could be damaged or the boom 
may rise then drop suddenly as a snagged cable releases from the pin. 
This can result in shock loading and damaging cables and components. 
For example, under this proposed provision, once all the boom sections 
are installed and the pendants are pinned together, the A/D supervisor 
must ensure that care is taken when raising the boom so that pendant 
cables and hoist cables do not snag on the pins or any other component 
during the boom raising process.
Paragraph 1404(h)(9) Struck by 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 definition is 
taken from the SC&RF Handbook.
    Counterweights are usually large, heavy plates made of steel and/or 
concrete. The A/D process typically involves the installation and 
removal of counterweights. This proposed provision would require that 
the A/D supervisor address the hazard of employees being struck by them 
during their installation/removal. During the installation/removal 
process, employees typically are in close proximity to them. An 
employee could be struck by a counterweight or crushed between it and 
the crane structure if it were to sway as it was being installed or 
removed. The A/D supervisor would be required to address this aspect of 
the hazard, such as by taking steps to have the operator minimize the 
amount of sway and by positioning the employees to minimize their 
hazard exposure.
    Additionally, after the counterweights are installed, the crane may 
have to swing to complete the boom assembly. The A/D supervisor would 
be required to address this aspect of the hazard as well, such as 
through the proper positioning of the employees and enhancing their 
awareness of the counterweight swing zone so that they will avoid being 
struck or crushed.
Paragraph 1404(h)(10) Boom Hoist Brake Failure
    This proposed 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 would be 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 would be 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 is concerned that the text of the proposed provision may 
not be sufficiently clear regarding the timing of this brake test. 
OSHA's interpretation is 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. OSHA is soliciting public comment on 
this issue and if it is necessary to revise the language of the 
provision to clarify when the test must be done.
Paragraph 1404(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 proposed provision, before any of these occur, the A/D 
supervisor would be required to consider whether precautions need to be 
instituted to ensure that backward stability is maintained.
    The illustration contained within the proposed requirements for 
loss of backward stability (Sec.  1926.1404(h)(11)) is taken from the 
``Mobile Crane Manual,'' published by the Construction Safety 
Association of Ontario.
Paragraph 1404(h)(12) Wind Speed and Weather
    Committee members believed that wind velocity and weather must be 
considered so that crane stability and capacity are 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 believed 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.

[[Page 59747]]

    The Committee ultimately decided that a better approach would be to 
have the A/D supervisor 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 
supervisor must consider if weather conditions affect the safety of the 
operation.
    Paragraph 1404(i). [Reserved.] OSHA is proposing to reserve this 
paragraph because it can be difficult for readers to distinguish (i) 
from (j).
Paragraph 1404(j) Cantilevered Boom Sections
    Members of the Committee believed 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 
would require manufacturer's limitations on cantilevering not to be 
exceeded.
    If the manufacturer's limitations were not available, the employer 
would be required to have a registered professional engineer (RPE) 
determine the appropriate limitations, and to abide by those 
limitations. The Committee believed 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.
Paragraph 1404(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 proposed requirement would apply irrespective of whether 
the component is being hoisted by the crane being assembled/
disassembled or by an assist crane.
    Paragraph 1404(l). [Reserved.] OSHA is proposing to reserve this 
paragraph because it is inconvenient for readers to distinguish the 
letter ``l'' from the Arabic number ``1.''
Paragraph 1404(m) Components and Configuration
    This proposed 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. Proper 
selection of components and proper configurations are explained in the 
manufacturer's instructions, limitations, and specifications. Regarding 
component selection, the provision would address the hazards associated 
with use of components that the manufacturer had neither intended nor 
planned for incorporation into the equipment.
    The Committee believes that the use of such components could 
adversely affect the capacity and performance of the crane/derrick, 
cause the manufacturer's specifications (including the load chart) and 
instructions to be inapplicable, and adversely affect other components 
on the crane/derrick.
    Similar hazards are posed by configuring the crane/derrick in a 
manner that does not accord with the manufacturer's instructions, 
limitations and specifications. An example given by the Committee was 
trucks carrying boom sections arriving out of sequence. To save time, 
some employers assemble the sections in the order in which they arrive 
rather than waiting for the correct section. This would result in a 
crane/derrick configured differently than intended by the manufacturer. 
Because the crane/derrick is designed and tested as a unit, the failure 
to configure the crane/derrick as the manufacturer had intended could 
present the same hazards as those described above for improper 
component selection.
    The Committee recognized that, especially in the case of very old 
equipment where the manufacturer no longer exists, there are instances 
where the employer can no longer obtain the manufacturer's 
instructions, limitations and specifications regarding the selection of 
components and configuration of the equipment. In such instances the 
proposed provision would require that a registered professional 
engineer familiar with the type of equipment involved approve, in 
writing, the component selection and configuration.
    Another proposed section (Sec.  1926.1434) would allow cranes/
derricks to be modified under certain circumstances. To the extent a 
crane/derrick were modified in accordance with that section, the 
employer would not be required to follow the manufacturer's original 
instructions, limitations and specifications regarding component 
selection and configuration regarding those modifications. Instead, 
under proposed paragraph (m)(1)(ii) of this section, the employer would 
be required to follow the component selection and configuration 
requirements approved in accordance with proposed Sec.  1926.1434.
    Finally, this proposed provision would require that the equipment 
be inspected after assembly has been completed to ensure that the 
component selection and configuration are correct.
Paragraph 1404(n) Manufacturer Prohibitions
    As explained above regarding proposed Sec.  1926.1403, an employer 
would be able to choose to use either manufacturer assembly/disassembly 
procedures or its own (as long as they met the requirements in proposed 
Sec.  1926.1406). However, in either case, the Committee believed that 
manufacturer prohibitions regarding assembly or disassembly would need 
to be met. In the Committee's view, a prohibition specified by the 
manufacturer signals that, if not heeded, a significant hazard would 
likely be created.
Paragraph 1404(o) Shipping Pins
    In order to properly address the hazards the Committee was 
concerned with, the Agency rewrote the language that C-DAC had 
originally agreed upon for this proposed provision. The original (C-
DAC) language read as follows:

    (o) Shipping pins. Reusable shipping pins, straps, links and 
similar equipment must be removed and stowed in accordance with 
manufacturer instructions.

    In studying the regulatory text as it was originally drafted it 
appeared the language did not accurately reflect the intentions of the 
Committee. The provision was intended to address two hazards. The first 
hazard is the failure to remove items such as shipping pins, which if 
left in place during operation could damage the equipment. For example, 
if shipping pins are not removed and the boom is raised up, the boom 
could be damaged. The second hazard is injury to employees where items 
such as shipping pins are removed but not properly stowed (i.e., placed 
in a special hole or bracket designed to keep the item from being 
dislodged) or stored on the equipment (such as in an equipment box in 
the cab) after assembly. Where these items are left lying on the 
equipment and not properly stowed or stored they present a falling 
object hazard to employees. To better reflect the Committee's 
intentions the Agency has altered the C-DAC language. The proposed 
provision reads:


[[Page 59748]]


    (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.

    The Agency welcomes any comments with respect to this change.
Paragraph 1404(p) Pile Driving
    This proposed provision would prohibit equipment used in pile 
driving operations from having a jib attached. The constant pounding of 
the pile driving hammer and the sometimes rapid descent of the pile 
causes the boom to bounce. If a jib were installed on the tip, as the 
boom bounces the jib could be thrown backward against its stops, which 
would likely cause structural damage to the boom. The damage could 
cause the boom to immediately fail or could diminish its capacity.
Paragraph 1404(q) Outriggers
    This proposed paragraph specifies requirements regarding outrigger 
deployment. These requirements reflect current industry best practices 
in the use of outriggers. Failure to use outriggers in accordance with 
these practices could result in the overturning of the crane.

Section 1926.1405 Disassembly--Additional Requirements for Disassembly 
of Booms and Jibs (Applies to Both the Use of Manufacturer Procedures 
and Employer Procedures)

    The Committee believed that many of the accidents associated with 
cranes occur during the removal of pendant, boom and jib pins. These 
accidents typically occur because of a failure to recognize that, in 
certain situations, particular pins are ``in tension.'' If removed 
while in that state the result will be unplanned movement of a 
component or the collapse of the boom or jib.
    Consequently, the Committee believed that the removal of pendant, 
boom section and jib pins warrants heightened attention. This proposed 
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, 
proposed Sec.  1926.1401 defines ``dismantling'' to include ``partial 
dismantling (such as dismantling to shorten a boom or substitute a 
different component).''
    In this proposed 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 failure to 
follow the provisions would very likely result in unintended movement 
and or collapse of the components. OSHA believes that these 
requirements will help to prevent unintended movement or collapse of 
booms or jibs as they are being disassembled.
    While discussing the hazards associated with disassembly, the 
Committee reviewed particular illustrations from the ``Mobile Crane 
Manual'' by Construction Safety Association of Ontario. It was agreed 
that including these illustrations would be an effective way of 
communicating the dangers and the precautions specified in this 
proposed section.

Section 1406 Assembly/Disassembly--Employer Procedures--General 
Requirements

    Under proposed Sec.  1926.1403, employers would be permitted to 
follow their own procedures for assembling and disassembling a crane/
derrick instead of those of the manufacturer. When doing so, the 
employer would have to ensure that its procedures met the general 
requirements in proposed Sec.  1926.1406.
    The proposed general requirements would focus on a ``layered'' 
strategy for preventing injuries and fatalities during this process: 
maintaining stability of the equipment and its components and 
positioning employees so that their exposure to unintended dangerous 
movement is minimized. This reflects the Committee members' experience 
that maintaining stability and avoiding dangerous positions are the key 
elements to preventing these accidents.
    In addition, under proposed paragraph (b) of this section, the 
employer would be required to have its procedures developed by a 
qualified person. The Committee believed that, due to the complexity of 
the factors involved and the resultant expertise needed to develop such 
procedures, it would be necessary for them to be developed by a 
qualified person.
    Note that the Agency wording in proposed Sec.  1926.1406(a)(1) 
includes a modification of the language in the C-DAC document. The C-
DAC document stated:

    (1) Prevent unintended dangerous movement, and to prevent 
collapse, of part or all of the equipment.

    Read literally, this would mean that the employer could choose to 
design the procedures to prevent collapse either of part or of all of 
the equipment. The intent of the Committee was that the procedures must 
not allow unintended dangerous movement of any part of the equipment. 
Therefore, the Agency modified this language so that the proposed 
provision reads as follows:

    (1) Prevent unintended dangerous movement, and to prevent 
collapse, of all parts of the equipment.

Sections 1407-1411 Power Lines

Introduction

    Proposed Sec. Sec.  1926.1407 through 1926.1411 set out proposed 
requirements designed to help ensure the safety of employees while 
cranes/derricks are being assembled, disassembled, operated, or while 
they travel under power lines. Section 1401 defines ``power lines'' as 
``electric transmission and distribution lines.'' This definition makes 
it clear that these sections apply to all electric transmission and 
distribution lines. C-DAC defined ``power lines'' as ``electrical 
distribution and electric transmission lines,'' but OSHA changed the 
definition to make the terminology consistent with Subpart V of 29 CFR 
part 1926, which applies to the construction of ``electric transmission 
and distribution lines and equipment.'' 29 CFR 1926.950(a).
    The Committee believed that there is a need to reduce the number of 
fatalities resulting from electrical contact with power lines. In its 
experience, the presence of power lines at construction sites poses a 
significant hazard to employees at the site. Power lines can be a 
hazard not only during the operation of cranes and derricks, such as 
lifting operations, but also during assembling and disassembling the 
equipment and traveling with such equipment under power lines. 
Employees are at risk of serious injury or death if the equipment they 
are in, on or near is at a construction site where there are power 
lines.
    The Committee's perception of the significance of this problem is 
confirmed by data that indicate that electrocution is one of the 
leading causes of crane-related fatalities on construction sites. 
During the years 1992 to 2005, the Bureau of Labor Statistics (BLS) 
reported 1,153 crane-related fatalities. These statistics include 
fatalities across all industries and are not exclusive to construction 
crane-related fatalities. Of those total crane-related fatalities the 
second highest cause is attributed to cranes contacting overhead power 
lines (19% or 219 fatalities). Specifically for the year 2005, BLS 
reported 85 crane-

[[Page 59749]]

related fatalities and 12 (or 14%) of those fatalities resulted from 
cranes contacting overhead power lines. (OSHA-2007-0066-0026).
    In addition, a recent analysis of data published by the American 
Society of Civil Engineers (ASCE), authored by J.E. Beavers, J.R. 
Moore, R. Rinehart and W.R. Schriver, found that electric shock caused 
by cranes and other lifting equipment contacting a power source was the 
second highest proximate cause (after being struck by a load) of crane-
related fatalities in the construction industry from 1997 to 2003. 
These fatalities all involved the failure to maintain the minimum 
approach distances set out in the existing Subpart N, Sec.  1926.550 
provisions.\12\ J.E. Beavers et al., ``Crane-Related Fatalities in the 
Construction Industry,'' 132 Journal of Construction Engineering and 
Management 901, 903-04 (2006) (OSHA-2007-0066-0012).
---------------------------------------------------------------------------

    \12\ The authors determined that a crane's boom was generally 
the component which made contact with the power line.
---------------------------------------------------------------------------

    The Construction Safety Association of Ontario conducted an 
extensive study which reviewed crane fatalities from 1969 through 2002 
in the Province of Ontario. (OSHA-2007-0066-0009). This study showed 
that the number one cause of mobile crane fatalities in the Province of 
Ontario construction industry during these 34 years was due to power 
line contact, with 50 of the 115, or 43%, of the mobile crane 
fatalities caused by power line contact.
    A 1997 study by A. Suruda, M. Egger and D. Lui, analyzed crane 
related fatalities in the U.S. construction industry from 1984 to 1994. 
This study determined that electrocution by power line contact was the 
leading cause of crane related fatalities in the U.S. construction 
industry, with 39% of the 502 fatalities caused by electrocution from 
power lines. In addition, the findings of this study further confirmed 
previous studies which indicated that power line contact contributes to 
a significant number of crane related fatalities.\13\ A. Suruda et al., 
``Crane-Related Deaths in the U.S. Construction Industry, 1984-94,'' 
The Center to Protect Workers' Rights (Oct. 1997) (OSHA-2007-0066-
0013).
---------------------------------------------------------------------------

    \13\ These studies include: D. MacCollum, ``Critical Hazard 
Analysis and Crane Design,'' Professional Safety (1980); D. Dickie, 
``Crane Study Confirms Downward Trend, Underlines Importance of 
Training,'' The Crane Report (1993).
---------------------------------------------------------------------------

    Proposed Sec.  1926.1401 defines ``electrical contact'' as follows:

    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.

    The Committee decided that it was necessary to define the term 
``electrical contact'' to clarify that the term is not limited to a 
person, object, or equipment making physical contact with a power line 
but includes situations in which the object comes close enough to a 
power line for current to arc between the power line and the object and 
thereby energize the object.
    Currently Subpart N, in 29 CFR 1926.550(a)(15)(i) and (ii), 
addresses 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 is 10 
feet; for lines over 50 kV, the minimum distance is 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 
existing Subpart N provisions, which instruct employers to maintain a 
minimum clearance distance, do 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 is a requirement, in 
paragraph 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.
    First, in the Committee's experience, it is difficult for the 
operator, from his/her position in the crane's cab, to determine if the 
crane or load is 10 feet (or other applicable minimum distance) from a 
power line. According to C-DAC, generally operators know the 10 foot 
rule but they have problems being able to perceive or visually 
determine when the part of the equipment or load closest to the power 
line has reached the 10 foot rule's distance. The operator might think 
he/she is maintaining the required minimum distance when in fact the 
crane or load is closer than that to the line. Except for the limited 
requirement to use a spotter mentioned above, the existing Subpart N 
standard does not require any methodology or aids to be provided in 
each case to help the operator identify the location of this invisible 
boundary or otherwise avoid it.
    Second, the Committee believed that operators sometimes breach the 
minimum clearance distance when they forget about the presence of a 
power line. For example, an operator might conclude at the beginning of 
a shift that he/she can pick and set all necessary loads while 
maintaining the required minimum distance but may thereafter be called 
upon to pick or set a load closer to the power line than normal. Having 
once concluded that the power line presents no problem, the operator 
might not recognize that the situation has changed and that there is 
now a danger of breaching the minimum distance.
    Another scenario is when an operator concentrates so strongly on 
tasks related to moving the load, particularly if the load is one that 
requires the crane to be operated near its capacity, that he/she 
forgets about the power line. By not providing encroachment prevention 
measures, the current standard does not help the operator maintain the 
10 foot rule and therefore does not address scenarios where operators 
forget about the presence of a power line.
    Further, the current standard's provision for a spotter does not 
adequately address these scenarios. By requiring a spotter only ``where 
it is difficult for the operator to maintain the desired clearance by 
visual means,'' the provision implies that typically it is not 
difficult for the operator to accurately judge the distance and the 
equipment's or load's distance from the boundary. However, a crane 
operator, no matter how experienced, is normally not well-positioned to 
judge either the boundary distance or the distance the equipment or 
load is from it. In most cases the power line is thin, high up, and 
poorly contrasted against the sky.
    Adding to the operator's difficulty is a confusion of angles posed 
by the power lines, load line, boom, and position of the operator away 
from the boundary. These factors are compounded by the distorting 
effects of distance on depth perception. Despite these factors, the 
operator must be able to accurately ascertain the location of an 
invisible boundary and judge relatively small distances with a high 
degree of precision.
    Even a small misjudgment can result in the minimum clearance 
distance being breached. In short, the current standard assumes a 
degree of visual acuity that experience has shown is unrealistic. The 
high number of fatalities that continue to result from electrocution by 
power lines demonstrates that the current, limited provision regarding 
a spotter is not effective.
    Third, the Committee discussed the reality that many employers 
intentionally perform work closer than the 10 foot rule to energized 
power lines. In only two circumstances does the current standard allow 
the operation of cranes closer than the 10 foot rule.

[[Page 59750]]

The first instance is where the power lines have been deenergized and 
visibly grounded and the second is where insulating barriers (separate 
from the equipment) have been erected to prevent physical contact.
    Committee members noted that typically neither of these measures is 
implemented. Specifically, the Committee believed that most employers 
elect not to use the option to deenergize and ground because of the 
time, expense and difficulty in making those arrangements. In addition, 
the Committee determined 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 pierce the 
device. In order to address the lack of compliance and the insufficient 
protections provided to employees who work closer than the 10 foot 
rule, the Committee developed new provisions that it believed would be 
both realistic and effective for safely working in such circumstances.
    To summarize, the Committee found that the existing Subpart N 
provisions are inadequate. They fail to require employers to implement 
measures that would help prevent operators from inadvertently breaching 
the minimum clearance distance. The Committee determined that a 
systematic, proactive approach to preventing power line contact is 
needed. It recognized that while such an approach is necessarily more 
complex than the current 10 foot rule, it is essential to accomplishing 
the goal of reducing power line related fatalities and injuries.

Brief Overview of Proposed Requirements

    The proposed standard would require the implementation of a 
systematic, proactive approach to dealing with the hazard of power 
lines. This approach would be comprised of the following steps: (1) 
Identify the work zone and assess it for power lines--determine how 
close the crane could get to them. The employer would have 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 showed 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 would be triggered.
    Specifically, unless the power lines were deenergized and grounded, 
encroachment/electrocution prevention measures would have to be 
implemented to prevent the crane from breaching a minimum clearance 
distance and protect against electrocution. The employer would be 
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 
for the line's voltage (Table A is the ``10 foot rule''; see discussion 
of Table A below); 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.
    The proposed standard uses the word ``encroachment'' to describe a 
situation in which equipment gets closer than the minimum allowed 
clearance distance to a power line. Under Sec.  1926.1401, Definitions, 
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.'' Encroachment prevention measures are critical to 
compliance with this proposed standard's minimum distance requirements.
    A similar approach to power line safety was developed for 
preventing electrocutions during the assembly and disassembly of 
equipment. This is addressed in a separate proposed section because the 
assembly/disassembly process involves some different circumstances than 
are present during operation.

Section 1407 Power Line Safety (Up to 350 kV)--Assembly and Disassembly

    The proposed requirements in Sec.  1926.1407 address the hazards of 
assembling and disassembling equipment near power lines up to 350 kV. 
The requirements in proposed 1407 are similar in most respects to the 
requirements in proposed Sec.  1926.1408, which address operations of 
equipment near power lines.
    OSHA notes that 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 proposed Sec.  1926.1408 (or, for power lines over 
350 kV, proposed 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 would be required to comply with 
proposed Sec.  1926.1408 during the assembly/disassembly process rather 
than with proposed 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 proposed Sec.  1926.1407 since it is being assembled/
disassembled.
Paragraph 1407(a)
    Under this proposed paragraph, before beginning assembly or 
disassembly, the employer would be required to 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. In other words, the employer would use 
the direction or area of assembly or disassembly in evaluating whether 
any such part could come closer than 20 feet. If this 20 foot 
``trigger'' determination is positive, then the employer would be 
required to take additional steps. Specifically, the employer would be 
required to meet the proposed requirements under either, Option (1), 
Option (2) or Option (3) of Sec.  1926.1407(a). If any part of the 
crane, load or load line could not come within more than 20 feet of a 
power line the employer would not be required to take any further 
action under this proposed section.
    Upon further review of C-DAC's Sec.  1926.1407(a), OSHA realized 
there was an inadvertent omission. The C-DAC regulatory text read:

    (a) Before assembling or disassembling a crane, 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,'' within 20 feet of a power line 
during the assembly/disassembly process.

    These provisions were intended to apply to both assembly and 
disassembly. The employer needs to evaluate power lines with respect to 
the direction or area of assembly when preparing to assemble the crane, 
and the direction or area of disassembly when preparing to disassemble 
the crane. A reference to ``disassembly'' in this regard was 
inadvertently omitted. Therefore, OSHA has changed the regulatory text 
to read:

    (a) Before assembling or disassembling a crane, the employer 
must determine if any part of the crane, load, or load line 
(including rigging and lifting accessories) could get, in

[[Page 59751]]

the direction or area of ``assembly/disassembly,'' closer than 20 
feet to a power line during the assembly/disassembly process.\14\
---------------------------------------------------------------------------

    \14\ As explained below, OSHA is changing ``within 20 feet of a 
power line'' wherever it appears in the C-DAC document to ``closer 
than 20 feet to a power line'' to avoid potential confusion over 
whether ``within'' means breaching or not breaching the 20 foot 
distance.

    The phrase ``direction or area of assembly/disassembly'' is 
designed 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 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 would be required to assess the promixity that 
the boom will be in to the power line in its path of travel to (and on) 
the ground.
    In another example, when assembling a lattice boom crane, the 
``area'' involved will expand as boom sections are added.\15\ 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.
---------------------------------------------------------------------------

    \15\ This also occurs with telescopic extensible boom cranes 
when a ``dead man section'' is added to the boom.
---------------------------------------------------------------------------

    In addition, ``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 get closer to power lines than when 
the process began on the ground. That ``direction'' of assembly upwards 
must also be evaluated.
Paragraph (a)(1) Option (1)
    An employer choosing Option 1 would protect against electrocution 
by having the power lines deenergized and visibly grounded. Where the 
employer elects this option, it would not have to implement any of the 
encroachment/electrocution prevention measures listed in proposed Sec.  
1926.1407(b). This option helps to eliminate the electrical hazards 
which are present with power lines.
    However, some amount of time is needed to arrange for the utility 
owner/operator \16\ 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. The Committee recognized that, in practice, largely 
because of these factors, deenergizing and grounding has not been 
routinely done.
---------------------------------------------------------------------------

    \16\ 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. In addition, in various places in the original C-DAC 
document, the Committee had used the terms ``power line owner,'' 
``power line owner/operator'' or a variation of those terms. The 
Agency has changed those terms to ``utility owner/operator'' or a 
variation of those terms. The Agency has changed those terms to 
``utility owner/operator'' to be consistent throughout the proposed 
regulatory text.
---------------------------------------------------------------------------

    Therefore, the Committee believed that providing other safe and 
practical options would help to reduce unsafe practices in the 
industry. Those other options (Options 2 and 3 in proposed Sec.  
1926.1407(a)) combined with proposed Sec.  1926.1407(b) are designed to 
be effective protection against the hazards of electrocution.
Paragraph (a)(2) Option (2)
    Under Option 2 (proposed Sec.  1926.1407(a)(2)), the employer would 
be required to maintain a minimum clearance distance of 20 feet. To 
help ensure that this distance is not breached, the employer would have 
to implement the encroachment prevention measures in proposed Sec.  
1926.1407(b). Under this proposed option, no part of the crane, load or 
load line, including rigging and lifting accessories, would be 
permitted closer than 20 feet to the power line.
    Employers using this proposed option would, in most cases, have to 
stay further away from the power line than under the existing Subpart 
N's 10 foot rule (employers wanting to use the 10 foot rule would have 
to use proposed Option 3, discussed below).\17\ However, an advantage 
of this proposed option to many employers is that they would not have 
to determine the exact voltage of the power line as they would if they 
were to apply Subpart N's 10 foot rule. They would only have to 
determine that the line voltage is equal to or less than 350 kV. As a 
practical matter, since many employers rely on the utility owner/
operator to provide voltage information, this option would save them 
that step.
---------------------------------------------------------------------------

    \17\ As discussed above, the 10 foot rule is a scale of voltages 
and distances that begins at 10 feet.
---------------------------------------------------------------------------

    The Committee believed that, since the minimum clearance distance 
would be 20 feet, there would be no diminution of safety under this 
option since the maximum possible clearance distance under the current 
Subpart N's formula is 20 feet. 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 would, in most 
cases, result in a higher margin of safety. Employers who do not need 
to get closer than 20 feet in order to assemble/disassemble the crane 
could use this option and would be saved the step of obtaining the 
exact line voltage.
    As noted above, in addition to maintaining a minimum clearance 
distance of 20 feet, employers using this option would be required to 
implement the encroachment prevention and other measures specified in 
proposed Sec.  1926.1407(b).
Paragraph (a)(3) Option (3)
    Under Option 3 (proposed paragraph Sec.  1926.1407(a)(3)), the 
employer would be required to maintain a minimum clearance distance in 
accordance with Table A (of proposed Sec.  1926.1408). Under Table A, 
depending on the voltage of the power line, the minimum approach 
distance ranges from 10 feet to 20 feet for lines up to 350 kV. 
Therefore, the minimum clearance distance would be essentially the same 
under Option 3 as under Subpart N's 10 foot rule. Under this option the 
employer would be 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 could usually assemble/disassemble equipment closer to the 
lines under this option than under Option 2.
    Table A in essence is based upon the same formula as is currently 
used in existing Subpart N (the 10 foot rule) and is similar to Table 1 
in ASME B30.5-2004. Unlike Subpart N, which requires 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. The Committee believed that a table with 
specified clearance distances is more

[[Page 59752]]

readily applied than the formula set out in the existing Subpart N 
requirements.
    The enhanced safety that would result under this option would stem 
from the fact that, first, there would be an affirmative obligation on 
the employer to determine the power line voltage so that the correct 
Table A minimum clearance distance could be determined. Second, in 
addition to maintaining the minimum clearance distance specified in the 
Table, employers using this option would be required to implement the 
encroachment prevention and other measures specified in proposed Sec.  
1926.1407(b).
    In reviewing C-DAC's draft of this provision, the Agency realized 
that C-DAC inadvertently failed to explicitly state that the Table A 
minimum clearance distance must not be breached. OSHA has modified 
proposed paragraph Sec.  1926.1407(a)(3)(ii) to correct this error. 
Therefore, the last sentence of the C-DAC language has been expanded to 
read as follows:

    If so, then the employer must follow the requirements in 
paragraph (b) to ensure that no part of the crane, load line, or 
load (including rigging and lifting accessories), gets closer to the 
line than the minimum clearance distance.
Paragraph 1407(b) Preventing Encroachment/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 would be 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.\18\
---------------------------------------------------------------------------

    \18\ 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 proposed 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. Some of the measures are designed to 
prevent electrocution in the event of electrical contact. The committee 
believed these proposed requirements would add layers of protection to 
help keep employees safe from power lines during the assembly or 
disassembly of the equipment.
Paragraph 1407(b)(1)
    Under proposed paragraph (b)(1), the employer would be required to 
conduct a planning meeting with the Assembly/Disassembly Supervisor (A/
D Supervisor), 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.
    As discussed below, under this proposed paragraph, certain 
encroachment/electrocution prevention measures would be required (they 
are listed in proposed paragraph (b)(1) and (2) of this section). In 
addition, the employer would be required to select at least one 
additional measure from the list in proposed Sec.  1926.1407(b)(3). In 
the planning meeting, the employer would be required to make that 
selection and review all the measures that will be used to comply with 
this section.
    The purpose of this proposed 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 believed that it is necessary for there to be a structured 
process by which the employer communicates this information.
Paragraph 1407(b)(2)
    Proposed paragraph (b)(2) would require that where tag lines are 
used they must be non-conductive. This provision uses two terms that 
are defined in Sec.  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 non-conductive is designed to protect 
against such an event. Section 1926.1401 defines ``non-conductive'' 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 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 non-
conductive but also the conditions of use. For example, if an otherwise 
non-conductive material were to become wet and therefore able to 
conduct electricity, it would no longer qualify as non-conductive under 
this proposed paragraph.
Paragraph 1407(b)(3)
    Under this proposed paragraph the employer would be required to 
choose one of five encroachment prevention measures (Sec.  
1926.1407(b)(3)(i) through (v)) to implement. The Committee concluded 
that the use of any one of these measures, in combination with the 
required measures listed elsewhere in proposed Sec.  1926.1407(b), 
would be feasible and effective in protecting against encroachment. 
Specifically, the employer would be 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 would give the employer flexibility so that it could pick 
one that was well suited and efficient in the circumstances.
    A definition of ``dedicated spotter (power lines)'' is included in 
proposed Sec.  1926.1401, Definitions. That definition provides:

    In order to be considered a dedicated spotter, the requirements 
of Sec.  1926.1428 (signal person qualifications) must be met and 
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 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 that detract him/her from this task. Also, the

[[Page 59753]]

dedicated spotter must have the qualifications required of a signal 
person under proposed 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.
    The devices listed in proposed Sec. Sec.  1926.1407(b)(3)(ii) and 
(iii) are also defined in Sec.  1401. ``Proximity alarm,'' is defined 
as ``a device that provides a warning of proximity to a power line that 
has been listed, labeled, or accepted by a Nationally Recognized 
Testing Laboratory in accordance with 29 CFR 1910.7.'' \19\ A 
Nationally Recognized Testing Laboratory is an organization that has 
been recognized by OSHA pursuant to 29 CFR 1910.7 as competent to 
evaluate equipment for conformance to appropriate safety test standards 
for that type of equipment. Thus, approval of a proximity alarm by a 
nationally recognized testing laboratory provides assurance that the 
device will work as intended. ``Range control warning device,'' is 
defined 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.''
---------------------------------------------------------------------------

    \19\ 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 29 CFR 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 in accord with Sec.  
1910.7.
---------------------------------------------------------------------------

    In reviewing this proposed provision, OSHA realized that some of 
the devices listed in proposed 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) in 
order to provide the needed protection.
    However, the regulatory text, as currently drafted, would permit an 
employer to select an option irrespective of whether it would be 
effective under the circumstances. In order to address this concern, 
OSHA requests public comment on whether proposed Sec.  1926.1407(b)(3) 
should be revised 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: * * *

    In situations where an employer chooses the option of using a 
dedicated spotter, the employer would be required to meet the proposed 
requirements for spotters in proposed Sec.  1926.1407(b)(3)(i). As 
specified in proposed paragraph (b)(3)(i)(A) of this section, the 
spotter would have to 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 (as 
discussed above).
    In the C-DAC version of this paragraph, examples of visual aids 
included a line painted on the ground, a clearly visible line of 
stanchions or a set of line-of-sight landmarks. An example of a clearly 
visible set of line-of-sight landmarks would be a fence post and a 
building corner.
    In reviewing C-DAC's draft of this provision, the Agency noted that 
the stanchions and landmarks would have to be ``clearly visible,'' but 
that this language was not used with respect to the example of a 
painted line on the ground. Since all such visual aids would have to be 
clearly visible to be effective, and that was the evident intent of C-
DAC, the Agency has modified the C-DAC language so that, in the 
proposed provision, all the listed examples would have to be ``clearly 
visible.'' This revision was also made in proposed Sec.  
1926.1408(b)(4)(ii)(A).
    Under proposed paragraphs (b)(3)(i)(B)-(D), the spotter would have 
to be positioned so that he/she can effectively gauge the clearance 
distance from the power line; the spotter, where necessary, would have 
to use equipment that enables him/her to communicate directly with the 
equipment operator; and the spotter would have to give timely 
information to the operator so that the required clearance distance can 
be maintained. C-DAC believed that each criterion is needed for the 
spotter to be able to be effective.
Paragraph 1407(c) Assembly/Disassembly Below Power Lines Prohibited
    This proposed paragraph would preclude employers from assembling or 
disassembling cranes/derricks beneath energized power lines. The 
Committee agreed 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 took 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 belief 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 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.
Paragraph 1407(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 proposed Sec.  1926.1408) to 
an energized power line would be prohibited. If assembly or disassembly 
needed to take place closer than that distance, the employer would be 
required to have the line deenergized and visibly grounded. The 
rationale for this proposed provision is similar to that discussed 
above for assembly/disassembly beneath power lines. 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 proposed 
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

[[Page 59754]]

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 of predicting the amount such movement.\20\
---------------------------------------------------------------------------

    \20\ In this respect this proposed provision differs from 
proposed Sec.  1926.1408. As discussed below, Sec.  1926.1408 would 
allow use of minimum clearance distances closer than Table A in some 
circumstances for crane ``operations.'' In contrast, proposed 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.
---------------------------------------------------------------------------

Paragraph 1407(e) Voltage Information
    This proposed section operates in conjunction with proposed Sec.  
1926.1407(a)(3). Under proposed Sec.  1926.1407(a)(3), employers who 
elect to use Option (3) of Sec.  1926.1407(b) must determine the line's 
voltage. Under proposed Sec.  1926.1407(e), where the employer asks the 
utility owner/operator for that voltage information, the utility owner/
operator of the line would be required to provide the voltage 
information within two working days of the request.
    This reflects a belief of the Committee that, in the absence of 
such a time limitation on the utility owner/operator, in many instances 
Option (3) (proposed 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 would 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) (proposed Sec.  1926.1407(b)) to 
be viable, the Committee believed that a reasonable time limitation for 
the utility owner/operator to respond is needed.\21\
---------------------------------------------------------------------------

    \21\ As noted in the introduction, C-DAC included two members 
from the electric utility industry.
---------------------------------------------------------------------------

    The Committee believed 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.
    In reviewing this provision, the Agency noted that the C-DAC 
provision reads:

    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 would apply the same 
definition here unless this rule were to specify a different 
definition. Therefore, OSHA solicits comments on whether the phrase 
``working days'' should be defined differently for purposes of this 
rule than it is in 29 CFR 1903.22(c).
Paragraph 1407(f) Power Lines Presumed Energized
    This proposed paragraph would require 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. This fundamental precaution is 
essentially the same as currently in Subpart N at Sec.  
1926.550(a)(15)(vi).
Paragraph 1407(g) Posting of Electrocution Warnings
    This proposed paragraph would require 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 believes 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 section 5-
3.4.5.2(d) of ASME B30.5-2004.

Section 1408 Power Line Safety (Up to 350 kV)--Operations

    As discussed above with respect to power line safety in assembly/
disassembly, the proposed standard would require the implementation of 
a systematic approach to power line safety for crane/derrick 
operations. This approach would consist of two basic steps. First, the 
employer would need to identify the work zone, assess it for power 
lines, and determine how close the crane could get to them. The 
employer would have 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 showed 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 would 
be triggered.
    Specifically, unless the power lines were deenergized and grounded, 
encroachment prevention measures would have to be implemented to 
prevent the crane from breaching a minimum clearance distance. The 
employer would be allowed to choose among three minimum clearance 
distance options. For example, for lines up to 350kV, the minimum 
clearance distance options would be 20 feet, or the distance specified 
in Table A (of proposed Sec.  1926.1408) 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.\22\
---------------------------------------------------------------------------

    \22\ An employer engaged in subpart V (of 29 CFR part 1926) work 
(power transmission and distribution) would also have to comply with 
most of these provisions. However, when certain prerequisites are 
met, it would be permitted to use the minimum clearance distances in 
Subpart V's Table V-1. In addition, where additional prerequisites 
are met, it would be permitted to work closer than the Table V-1 
distances. These are explained in the discussion of proposed Sec.  
1926.1410.
---------------------------------------------------------------------------

Paragraph 1408(a) Hazard Assessments and Precautions Inside the Work 
Zone
    Before beginning crane/derrick operations, the employer would be 
required to determine if power lines would pose a hazard. The first 
step in this process would be to identify the work zone for which this 
hazard assessment will be made (proposed Sec.  1926.1408(a)(1)). The 
employer would have two options for defining the work zone.
    Under the first option (proposed Sec.  1926.1408(a)(1)(i)), the 
employer would be 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.'' 
See the explanation

[[Page 59755]]

below of ``range limit device'' at the end of the discussion of this 
section.
    Employers would not be permitted to use existing landmarks to 
demarcate 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 would be required to consider the 
total area in which it will need to operate and set the boundaries 
accordingly.
    The second option for identifying the work zone (proposed Sec.  
1926.1408(a)(1)(ii)) would be 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 would be 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 1408(a)(2)
    Once the employer has identified the work zone according to 
proposed Sec.  1926.1408(a)(1), it would then be 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 closer than the maximum working radius, the 
assessment must be made with the assumption that the crane would be 
operated up to that boundary).
    Even if the employer has no intention of working up to the crane's 
maximum radius in the work zone, the assessment must still be made 
using this assumption. The Committee believed that this is crucial 
since, even if the employer's original intention was not to operate in 
that part of the work zone, unexpected events may occur that may lead 
the operator to operate the equipment there.
    If this 20 foot ``trigger'' determination is positive, then the 
employer would be required to take additional steps. Specifically, the 
employer would be required to meet the proposed requirements under 
either, Option (1), Option (2), or Option (3) of proposed Sec.  
1926.1408(a)(2).\23\
---------------------------------------------------------------------------

    \23\ If any part of the crane, load or load line could not come 
closer than 20 feet to a power line the employer would not be 
required to take any further action under this proposed 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 would be 
required to go back to the first step under proposed Sec.  
1926.1408(a)(1), re-identify a work zone and conduct a new 20 foot 
``trigger'' assessment.
---------------------------------------------------------------------------

Paragraph 1408(a)(2)(i) Option (1)
    An employer choosing Option (1) would protect against electrocution 
by having the power lines deenergized and visibly grounded at the 
worksite. This option would prevent equipment that contacts the power 
line from becoming energized. The power line must be ``visibly grounded 
at the worksite'' so that the employer can verify, through observation, 
that the protection provided by this option remains in place for as 
long as the employer continues to rely on it.
    Where the employer elects this option, it would not have to 
implement any of the encroachment/electrocution prevention measures 
listed in proposed 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. The Committee 
recognized that, in practice, largely because of these factors, 
deenergizing and grounding has not been routinely done.
    Therefore, the committee believed that providing other safe and 
practical options would help to reduce unsafe practices in the 
industry. Those other options (Options 2 and 3 in proposed Sec.  
1926.1408(a)(2)(ii) and (iii), discussed below) combined with proposed 
Sec.  1926.1408(b) are designed to afford effective protection against 
the hazards of electrocution.
Paragraph 1408(a)(2)(ii) Option (2)
    Under Option 2 (proposed Sec.  1926.1408(a)(2)(ii)), the employer 
would be required to maintain a minimum clearance distance of 20 feet. 
To help ensure that this distance is not breached, the employer would 
have to implement the encroachment prevention measures in proposed 
Sec.  1926.1407(b). Under this proposed option, no part of the crane, 
load or load line, including rigging and lifting accessories, would be 
permitted closer than 20 feet to the power line.
    Employers using this proposed option would, in most cases, have to 
stay further away from the power line than under the existing Subpart 
N's 10 foot rule (employers wanting to use the 10 foot rule would have 
to use proposed Option 3 (in Sec.  1926.1408(a)(2)(iii)). However, 
proper application of the 10 foot rule, as a practical matter, 
necessitates determining the exact voltage of the power line.\24\ An 
advantage of this proposed option to many employers is that they would 
not have to determine the exact voltage of the power line (they would 
only have to determine that the line is equal to or less than 350 kV). 
As a practical matter, since many employers rely on the utility owner/
operator to provide voltage information, this option would save them 
that step.
---------------------------------------------------------------------------

    \24\ As discussed above, the 10 foot rule is a scale of voltages 
and distances that begins at 10 feet and increases to 20 feet (for 
line voltages up to 350kV).
---------------------------------------------------------------------------

    The Committee believed that, since the minimum clearance distance 
would be 20 feet, there would be no diminution of safety under this 
option since the maximum possible clearance distance under the current 
Subpart N's formula is 20 feet. In fact, in the Committee's experience, 
most power lines encountered by most employers have voltages that, 
under the current Subpart N's formula, require a minimum clearance 
distance of 10 feet. Therefore, use of this option would, in most 
cases, result in a higher margin of safety. Employers who do not need 
to get closer than 20 feet in order to do their work could use this 
option and would be saved the step of obtaining the exact line voltage.
    As noted above, in addition to maintaining a minimum clearance 
distance of 20 feet, employers using this option would be required to 
implement the encroachment prevention and other

[[Page 59756]]

measures specified in proposed Sec.  1926.1408(b).
Paragraph 1408(a)(2)(iii) Option (3)
    Under Option 3 (proposed Sec.  1926.1408(a)(2)(iii)), the employer 
would be required to maintain a minimum clearance distance in 
accordance with Table A (of proposed Sec.  1926.1408). Under Table A, 
depending on the voltage of the power line, the minimum approach 
distance ranges from 10 feet to 20 feet.\25\ Under this option the 
employer would be required to determine the line's voltage.
---------------------------------------------------------------------------

    \25\ The range referred to here is the range in the part of the 
table that is applicable up to 350kV.
---------------------------------------------------------------------------

    As a practical matter, in the Committee's experience, the power 
lines most typically encountered by most employers have a minimum 
clearance distance of 10 feet under Table A. As a result, employers 
could usually work closer to the lines under this option than under 
Option 2 (proposed Sec.  1926.1408(a)(2)(ii)). Table A in essence is 
based upon the same formula as is currently used in existing Subpart N. 
Therefore, the minimum clearance distance would be similar under Option 
3 (in proposed Sec.  1926.1408(a)(2)(iii)) as under the existing 
requirements.
    The information in Table A (of proposed Sec.  1926.1408) of the 
proposed rule is similar to information in Table 1 of ASME B30.5-2004. 
The Committee believed that a table with specified clearance distances 
is more understandable than the formula set out in the existing Subpart 
N requirements. Proposed Table A is intended to be a clear way of 
conveying the minimum clearance distances.
    The enhanced safety that would result under this option would stem 
from the fact that, first, there would be an affirmative obligation on 
the employer to determine the power line voltage so that the correct 
Table A minimum clearance distance could be determined. Second, in 
addition to maintaining the minimum clearance distance specified in the 
Table, employers using this option would be required to implement the 
encroachment prevention and other measures specified in proposed Sec.  
1926.1408(b).
    In reviewing C-DAC's draft of this provision, the Agency realized 
that C-DAC inadvertently failed to explicitly state that the Table A 
minimum clearance distance must not be breached. Therefore, OSHA has 
modified proposed Sec.  1926.1408(a)(2) to correct this error. The last 
sentence of the C-DAC language has been expanded to read as follows:

    If so, then the employer must follow the requirements in 
paragraph (b) to ensure that no part of the crane, load line, or 
load (including rigging and lifting accessories), gets closer to the 
line than the minimum clearance distance.

Paragraph 1408(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 proposed Sec.  1926.1408(a)), 
if it chooses either Option (2) or (3) (of proposed Sec.  
1926.1408(a)(2)(ii) and (iii)), it would be required to implement 
encroachment prevention measures to help ensure that the applicable 
minimum approach distance (20 feet under Option 2 or the Table A (of 
proposed Sec.  1926.1408) distance under Option 3 is not breached.\26\ 
Most of the measures in this proposed paragraph are designed to help 
the employer maintain the appropriate distance and thereby prevent 
electrical contact while operating the equipment. Some of the measures 
are designed to prevent electrocution in the event of electrical 
contact. The committee believed these proposed requirements would add 
layers of protection to help keep employees safe from energized power 
lines.
---------------------------------------------------------------------------

    \26\ Alternatively, under Option (1) of proposed 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 1408(b)(1)
    Under proposed 1408(b)(1) the employer would be 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.
    As discussed below, under this proposed paragraph, certain 
encroachment/electrocution prevention measures would be required (they 
are listed in proposed Sec.  1926.1408(b)(1) through (3)). In addition, 
the employer would be required to select at least one additional 
measure from the list in proposed Sec.  1926.1408(b)(4). In the 
planning meeting, the employer would be required to make that selection 
and review all the measures that will be used to comply with this 
section. The purpose of this proposed 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 believed that it is necessary for there to be a structured 
process by which the employer communicates this information.
Paragraph 1408(b)(2)
    Proposed Sec.  1926.1408(b)(2) would require that where tag lines 
are used they must be non-conductive. This provision would provide 
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.
Paragraph 1408(b)(3)
    Proposed Sec.  1926.1408(b)(3) would require elevated: Warning 
lines, barricades or 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 proposed Sec.  
1926.1408(a)(2)(ii)) or at the minimum approach distance under Table A 
(if using Option (3) (of proposed Sec.  1926.1408(a)(2)(iii)). This 
provision is designed to serve as a reminder to 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 would also indicate to the 
operator where the minimum approach distance boundary is located. This 
would serve as one of two layers of protection (the second layer would 
consist of an additional means selected by the employer under proposed 
Sec.  1926.1408(b)(4), discussed below).
    C-DAC discussed and ultimately rejected the idea of permitting a 
visual line on the ground which would mark the minimum approach 
distance 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. The committee decided that 
these visual reminders need to be elevated, or as the proposed 
definition states, sufficiently elevated from the ground level to 
accurately enable the operator to judge the distance between the load, 
load line (including rigging and lifting

[[Page 59757]]

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, in order 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 proposed Sec.  
1926.1408(b)(4). Therefore, OSHA is planning on modifying this proposed 
provision by adding the following after the last sentence in proposed 
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 either the measure 
described in Sec.  1926.1408(b)(4)(i), (iii), (iv) or (v).

    The Agency requests public comment on this issue.
Paragraph 1408(b)(4)
    This proposed section sets out a list of five prevention measures, 
from which the employer would be required to select at least one, when 
the employer elects to use either Option (2) or Option (3) under Sec.  
1926.1408(a)(2). In the Committee's experience, the use of any one of 
these measures, in combination with the required measures listed 
elsewhere in proposed Sec.  1926.1408(b), would be feasible and 
effective in protecting against encroachment/electrocution. 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 would 
be required to choose either: (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 (v) an 
insulating link/device.
    C-DAC believed that allowing the employer to choose from a variety 
of options for this second layer of protection would allow the employer 
to select a method that it believed would be suitable, would increase 
the likelihood of employer compliance and would be an effective 
approach to reducing power line related injuries and fatalities.
    In situations where an employer chooses the option of using a 
dedicated spotter, the employer would be required to meet the proposed 
requirements for spotters in proposed Sec.  1926.1408(b)(4)(ii). As 
specified in proposed Sec.  1926.1408(b)(4)(ii)(A), the spotter would 
have to 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 (as discussed above).
    In the C-DAC version of this paragraph, examples of visual aids 
included a line painted on the ground, a clearly visible line of 
stanchions or a set of line-of-sight landmarks. An example of a clearly 
visible set of line-of-sight landmarks would be a fence post positioned 
behind the dedicated spotter and a building corner ahead of the 
spotter.
    In reviewing C-DAC's draft of this provision, the Agency noted that 
that the stanchions and landmarks would have to be ``clearly visible,'' 
but that this language was not used with respect to the example of a 
painted line on the ground. Since all such visual aids would have to be 
clearly visible to be effective, and that was the evident intent of C-
DAC, the Agency has modified the C-DAC language so that, in the 
proposed provision, all the listed examples would have to be ``clearly 
visible.'' This revision was also made in proposed Sec.  
1926.1407(b)(3)(i)(A).
    Under proposed Sec.  1926.1408(b)(4)(ii)(B)-(D), the spotter would 
have 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. 
C-DAC believed that each criterion is needed for the spotter to be able 
to be effective.
    Proposed Sec.  1926.1408(b)(4)(iii) would give 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''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 
distance from the power line. Under proposed Sec.  1926.1408(b)(4), 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 (which ever is closest to the 
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.
    Proposed Sec.  1926.1408 (b)(4)(iv) would give 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 could 
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. The Committee recognized that it may be more 
technically difficult to apply swing limitation devices for use in 
mobile cranes but believed that the technology may develop so that they 
could be used in such cranes.
    As noted above, the insulating link option that would be available 
under proposed 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 would have to 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.
    As stated in proposed Sec.  1926.1401, ``Insulating link/device'' 
would be defined as ``an insulating device that has been listed, 
labeled, or accepted by a Nationally Recognized Testing Laboratory in 
accordance with 29 CFR 1910.7.'' This proposed definition reflects the 
Committee's concern that there be some assurance that the insulating 
link/device would work as intended. That assurance would be 
accomplished by requiring that such link/device be approved by a 
Nationally Recognized Testing Laboratory.
Paragraph 1408(b)(5)
    Employers engaged in construction of electric transmission and 
distribution lines, which is regulated by 29 CFR part 1926 subpart V 
(Sec. Sec.  1926.950 through 960), would also have to meet the 
requirements in proposed Sec.  1926.1408, with several exceptions. 
First, in accordance with proposed Sec.  1926.1408(b)(5), work 
involving

[[Page 59758]]

cranes/derricks that is covered by Subpart V would not be required to 
comply with the proposed 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.
    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. Non-Subpart V workers, by contrast, do not work directly with 
the lines, and their attention is primarily directed elsewhere. In view 
of these differences, the Committee believed that the protective 
measures listed in proposed Sec.  1926.1408(b)(4) were not necessary 
for Subpart V work.
    Second, as explained below in the discussion of proposed Sec.  
1926.1410, when certain prerequisites are met, the employer would be 
permitted to use the minimum clearance distances in Subpart V's Table 
V-1. Also explained in that discussion is that where additional 
prerequisites are met, work would be permitted closer than the Table V-
1 distances.
    Third, an employer engaged in Subpart V work would not be subject 
to the restrictions regarding operations below power lines, as 
explained in the discussion below of proposed Sec.  1926.1408(d).
Paragraph 1408(c) Voltage Information
    This proposed section operates in conjunction with proposed Sec.  
1926.1408(a)(2)(iii) (Option 3--Table A clearance). Where an employer 
elects to use Option (3) (of proposed Sec.  1926.1408(a)(2)(iii)), it 
would be required under proposed Sec.  1926.1408(a)(2)(iii)(A) to 
determine the voltage of the power lines. Under proposed Sec.  
1926.1408(c), utility owners/operators of these lines must provide the 
requested voltage information within two working days of the request.
    The Committee believed that for Option (3) (of proposed Sec.  
1926.1408(a)(2)(iii)) to be viable, a reasonable time limit for the 
utility owner/operator to respond is needed. Employers must generally 
rely on the utility owner/operator to provide the voltage of the power 
line. The Committee was concerned that an extended delay in obtaining 
the information would lead some employers to do the work anyway without 
the information. The committee believed 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.\27\
---------------------------------------------------------------------------

    \27\ As noted in the introduction, C-DAC included a member from 
the electric utility industry.
---------------------------------------------------------------------------

    As discussed above with respect to proposed Sec.  1926.1407(e), the 
Agency would interpret ``working days'' to mean Monday through Friday, 
excluding federal holidays, unless this rule contains a different 
definition, and is asking for comment on whether a different definition 
should be included in the rule.
Paragraph 1408(d) Operations Below Power Lines
    The Committee believed that there is a substantially enhanced 
likelihood of breaching the applicable minimum clearance distance when 
a crane operates below a power line. This is due to several factors, 
including the greater difficulty of judging the distance to the line 
when the line 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 proposed 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 proposed 
Sec.  1926.1408(d)(2).
    The first exception, Sec.  1926.1408(d)(2)(i), is that the work the 
employer is doing is 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 proposed paragraph 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 
Committee believed that the other precautions required during Subpart V 
work would provide adequate protection when equipment operates below 
power lines during Subpart V work.
    The second exception, Sec.  1926.1408(d)(2)(ii), would be for 
equipment with non-extensible booms and the third exception, Sec.  
1926.1408(d)(2)(iii), would be for equipment with articulating or 
extensible booms. These exceptions would apply when the boom, either at 
its most vertical point (for non-extensible booms) or 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 (of proposed Sec.  
1926.1408) minimum clearance distance below the plane of the power 
line. Where this criterion is met, it is not possible for the minimum 
clearance distance to be breached.
    The last exception, Sec.  1926.1408(d)(2)(iv), is where the 
employer can demonstrate that it is infeasible to comply with proposed 
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 proposed 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 proposed Sec.  1926.1410. 
Proposed Sec.  1926.1410 governs equipment operations closer than the 
Table A (of proposed Sec.  1926.1408) minimum approach distances. The 
Committee believed that in such instances those additional protective 
measures are needed to prevent the minimum clearance distance 
established under proposed Sec.  1926.1410(c) from being breached and 
to protect the employees in the event of electrical contact with the 
power line.
Paragraph 1408(e) Power Lines Presumed Energized
    This proposed paragraph would require 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 currently in Subpart N at Sec.  
1926.550(a)(15)(vi).
Paragraph 1408(f)
    Proposed paragraph (f) addresses the danger that employees could 
receive electrical shock from equipment that is operating near a 
transmission or communication tower. During such operation, the 
equipment could act as an antenna and become energized by the 
electromagnetic signal emitted by the tower. When the equipment is 
close enough for an electrical charge to be induced in the equipment or 
load, proposed Sec.  1926.1408(f) would require the transmitter to be 
deenergized or the following precautions taken: the

[[Page 59759]]

equipment must be grounded, and non-conductive rigging or an insulating 
link/device must be used.
    Currently, Subpart N, at Sec.  1926.550(a)(15)(vii), requires that 
when equipment is close enough to a transmission tower for an 
electrical charge to be induced, the equipment must be grounded and a 
ground jumper cable must connect the load to the equipment. In 
addition, nonconductive poles having large alligator clips or other 
similar protection must be used to connect the ground jumper cable to 
the load. By connecting the load to the grounded equipment, any 
electrical charge induced in the load will be dissipated. In the 
Committee's experience, this precaution is neither necessary nor 
commonly taken. The Committee believed that the proposal's requirement 
for nonconductive rigging or an insulating link reflects current safe 
industry practice.
    OSHA notes that the requirement for nonconductive rigging or an 
insulating link in proposed Sec.  1926.1408(f) is a fundamentally 
different approach than requiring a ground jumper cable to be used as 
specified in current Sec.  1926.550(a)(15)(vii). The latter connects 
the load to the equipment and grounds the load, while proposed 
paragraph (f) would insulate the load from the equipment. It appears 
that only an employee who is contacting the load would be affected by 
this provision. The Agency requests public comment on the following 
questions: (1) Is it necessary to take special precautions to ground 
the equipment to protect an employee who contacts the equipment? (2) 
Are employees best protected by proposed paragraph (f), by current 
Subpart N, or by some other means, such as requiring that they only 
handle the load with an insulated tag line or other means of 
insulation?
Paragraph 1408(g) Training
    During C-DAC discussions, members stressed the importance of 
providing appropriate training to operators and their crew regarding 
power line safety. The Committee believed that training is a necessary 
component in reducing crane related fatalities.
    The training topics listed are designed to ensure that both the 
operator and the other crew members have the information they need to 
protect themselves from power line hazards.
    The Committee believed that training for power line safety should 
not be limited to operators because any crew member who is near the 
equipment is potentially at risk of electrocution.
    The Agency notes that proposed Sec.  1926.1408(g) does not address 
the timing and frequency of this training. OSHA requests public comment 
on whether and, if so, how the standard should address training timing 
and frequency.
    In addition, proposed Sec.  1926.1408(g)(1)(i)(E) would requiring 
training in the need to avoid approaching or touching ``the 
equipment.'' OSHA believes that C-DAC inadvertently failed to add the 
phrase ``and the load'' to this provision, since whenever the equipment 
is in electrical contact with a power line, the load may also be 
energized. OSHA requests public comment on whether this provision 
should be modified to correct this omission.
Paragraph 1408(h)
    This proposed provision would require 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 proposed Sec.  1926.1408, they must meet the 
manufacturer's procedures for use and conditions of use. The Committee 
believed that this provision is necessary to ensure that the devices 
will work as intended.
    OSHA notes that Sec.  1926.1408 uses the term ``range limit 
device'' in Sec.  1926.1408(a)(1)(i) but that no definition of this 
term is provided in Sec.  1926.1401. OSHA believes 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 requests public comment on whether a definition of ``range 
limit device'' should be added to Sec.  1926.1401 and, if so, whether 
the definition in this paragraph is appropriate.

Section 1409 Power Line Safety (Over 350 kV)

    Under this proposed section, the requirements in proposed 
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'' is substituted. Therefore, the 
``trigger'' distance that would be used when assessing the 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, employers electing to use 
Table A (of proposed Sec.  1926.1408 in either assembly/disassembly 
(Option 3 in proposed Sec.  1926.1407(a)(3)) or crane operations 
(Option 3 in proposed Sec.  1926.1408 (a)(2)(iii) would be 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.
    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 currently drafted, employers using Option 2 (in both 
proposed Sec.  1926.1407(a)(2) and Sec.  1926.1408(a)(2)(ii)) would 
only have to maintain a minimum clearance distance of 50 feet. OSHA 
requests public comment on whether Option 2 is insufficiently 
protective for power lines rated over 1,000 kV.

Section 1410 Power Line Safety (All Voltages)--Crane Operations Closer 
Than the Table A Zone

    The existing Subpart N requirements do not permit work closer than 
the 10 foot rule.\28\ The only exceptions to the 10 foot rule are where 
the lines are deenergized and visibly grounded or where insulating 
barriers, separate from the equipment, have been erected. However, the 
Committee recognized that many employers, without meeting the 
exceptions, nonetheless work closer than the 10 foot rule.
---------------------------------------------------------------------------

    \28\ As described earlier, the ``10 foot rule'' is shorthand for 
the formula in existing 29 CFR 1926, Subpart N for minimum clearance 
distances. Under the 10 foot rule, for lines rated 50 kV or less, 
work is 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 is required.
---------------------------------------------------------------------------

    Specifically, the Committee believed that most employers do not use 
the option to deenergize and ground because of the time, expense and 
difficulty in making those arrangements. 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 pierce the device.

[[Page 59760]]

    In order to address the insufficient protections provided to 
employees who work closer than the 10 foot rule, the Committee 
developed a new approach, which is contained in proposed Sec.  
1926.1410. It consists of prerequisites and criteria that would apply 
when work must be conducted closer than the minimum clearance distance 
specified in Table A (of proposed Sec.  1926.1408). The Committee 
believed that these provisions would be both realistic and effective 
for safely working in these circumstances.
    This proposed section starts out by explicitly prohibiting 
equipment from operating closer than the distances specified in Table A 
(of proposed Sec.  1926.1408) of an energized power line except where 
the employer demonstrates compliance with the requirements in proposed 
Sec.  1926.1410.
    Note that, in the discussion below of proposed Sec.  1926.1410, 
references to a ``registered professional engineer'' are, in accordance 
with proposed Sec.  1926.1410(c)(1), references to a registered 
professional engineer who is a qualified person with respect to 
electrical power transmission and distribution.
Paragraphs 1410(a) and (b)
    These proposed 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 proposed Sec.  1926.1408) 
distance. Proposed Sec.  1926.1410(a) would require the employer to 
determine that it is infeasible to do the work without breaching the 
minimum approach distance under Table A. If the employer determines it 
is infeasible to maintain the Table A distance, under proposed Sec.  
1926.1410(b) it would also have to determine, after consulting with the 
utility owner/operator, that deenergizing and grounding the power line, 
as well as relocating the line, are infeasible.
Paragraph 1410(c) Minimum Clearance Distance
    After the employer makes the infeasibility determinations required 
by proposed Sec.  1926.1410(a) and (b), a minimum clearance distance 
would have to be established. Under proposed 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.
    Under proposed 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.
    Under proposed Sec.  1926.1410(c)(2), the proposed requirement in 
Sec.  1926.1410(c)(1) described above would not apply to work covered 
by part 1926 subpart V. Instead, the minimum clearance distance 
specified in Sec.  1926.950 Table V-1 would apply. This proposed 
paragraph, along with the other proposed provisions affecting work 
covered by Subpart V, are discussed below at the end of the portion of 
this preamble addressing proposed Sec.  1926.1410.
Paragraph 1410(d)
    Once a minimum clearance distance has been established, under 
proposed Sec.  1926.1410(b) the employer would be required to have 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 proposed Sec.  1926.1410(e), these procedures would 
have to be documented and immediately available on-site. In addition, 
in accordance with proposed Sec.  1926.1410(f) and (g), these 
procedures would 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 (proposed Sec.  1926.1410(e)-(g) are discussed 
below).
    Proposed Sec.  1926.1410(d) sets out the minimum protective 
measures which would have to be included in the procedures set by the 
employer and utility owner/operator (or registered professional 
engineer). The committee believed that these procedures need to include 
more stringent protective measures than those set out in proposed Sec.  
1926.1408, because equipment will be in closer proximity to power lines 
and there would otherwise be a greater risk of contacting a power line 
and causing electrocution. Therefore, these procedures would have to 
include, at the minimum, the following:
Paragraph 1410(d)(1)
    Under proposed paragraph (d)(1), 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 would 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.
Paragraph 1410(d)(2)
    Under proposed paragraph (d)(2), a dedicated spotter who is in 
continuous contact with the operator would have to 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 the spotter must give timely information to the 
operator so the required clearance distance can be maintained. The need 
for a spotter meeting this criteria is explained above in the 
discussion of proposed Sec.  1926.1408(b)(4)(ii).
Paragraph 1410(d)(3)
    Under proposed paragraph (d)(3), an elevated warning line, or 
barricade that is not attached to the equipment, positioned to prevent 
electrical contact, would have to 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 proposed Sec.  1926.1408(b)(3).
    As discussed above in relation to proposed Sec.  1926.1408(b)(3), 
there may be situations where the operator is not able to see an 
elevated warning line or barricade. To address such situations, under 
proposed Sec.  1926.1408 or Sec.  1926.1409, OSHA is planning to change 
the regulatory text so that the employer would be required to use both 
a dedicated spotter and one of the other (non-spotter) measures listed 
in proposed Sec.  1926.1408(b)(4). Here, when working closer than the 
Table A (of proposed Sec.  1926.1408) clearance

[[Page 59761]]

distance, C-DAC believed 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 proposed section) to ensure that the equipment 
maintains the minimum clearance distance established under proposed 
Sec.  1926.1410(c).
    As explained in, Subpart V-working closer than Table A, that 
follows the discussion of Sec.  1926.1410(k), this provision would not 
apply to subpart V work.
Paragraph 1410(d)(4) Insulating Link/Device
    Under proposed paragraph (d)(4), an insulating link/device would 
have to be installed at a point between the end of the load line (or 
below) and the load. 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. In such situations it protects employees who 
make contact with the load or are holding a tag line.
    As explained in, Subpart V-working closer than Table A, that 
follows the discussion of Sec.  1926.1410(k), this requirement to 
install an insulating link/device would only apply when working closer 
than the Sec.  1926.950 Table V-1 clearance distances.
Paragraph 1410(d)(5)
    Under proposed paragraph (d)(5), if the rigging may be closer than 
the Table A (of proposed Sec.  1926.1408) distance during the 
operation, it would be required to be non-conductive rigging. This 
would provide 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.
Paragraph 1410(d)(6)
    Under proposed paragraph (d)(6), if the crane is equipped with a 
device that automatically limits range of movement, it would have to be 
used and set to prevent any part of the crane, load or load line 
(including rigging and lifting accessories) from breaching the minimum 
approach distance established under proposed paragraph (c) of Sec.  
1926.1410.
Paragraph 1410(d)(7)
    Under proposed paragraph (d)(7), if a tag line is used it would 
have to be non-conductive. This requirement would provide 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 makes contact with the power line.
Paragraph 1410(d)(8)
    Under proposed paragraph (d)(8), barricades would have to 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 would be required to be as far from the equipment as 
feasible. This provision, along with proposed Sec.  1926.1410(d)(9) and 
(d)(10), would minimize the likelihood that any more employees than are 
absolutely necessary to the operation would be near the equipment in 
the event the equipment, load or load line makes electrical contact 
with the power line.
Paragraph 1410(d)(9)
    Under proposed paragraph (d)(9), employees other than the operator 
would be prohibited from touching the load line above the insulating 
link/device and equipment. It is the Agency's understanding that the 
Committee's rationale for not extending 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 requests public comment on this issue.
Paragraph 1410(d)(10)
    Under proposed paragraph (d)(10), only personnel essential to the 
operation would be permitted to be in the area of the equipment and the 
load. In conjunction with proposed Sec.  1926.1410(d)(8) and (d)(9), 
this would minimize the likelihood that any more employees than are 
absolutely necessary to the operation would be near the equipment in 
the event the equipment, load or load line makes electrical contact 
with the power line.
Paragraph 1410(d)(11)
    Under proposed paragraph (d)(11), the equipment would be required 
to be properly grounded. In the event the equipment inadvertently makes 
electrical contact with the power line, proper grounding would protect 
employees in two ways. First, if the line is equipped with a circuit 
interrupting device, the grounding will result in a current surge that 
will trip the device and deenergize the line. Second, in the event an 
employee on the ground is touching the equipment when it contacts the 
power line, proper grounding will reduce the danger to the employee by 
providing an alternative, low resistance path to ground for the 
electric current.
    In reviewing this proposed paragraph, OSHA has identified what 
appears to be a conflict between this proposed provision and a 
provision in Subpart V's Sec.  1926.952(c)(2)(iii) regarding grounding 
of equipment. This issue is explained under the heading, Subpart V 
work--working closer than Table V-1, that follows the discussion of 
Sec.  1926.1410(k).
Paragraph 1410(d)(12)
    Under proposed paragraph (d)(12), insulating line hoses or cover-
ups would be required to be installed by the utility owner/operator 
except where such devices are unavailable for the line voltages 
involved. The Committee noted that Subpart N, at Sec.  1926.550(a)(15), 
currently allows 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 believed 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 believed 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 proposed Sec.  
1926.1410(d).
Paragraph 1410(e)
    Under proposed paragraph (e), the procedures that are developed to 
comply with proposed Sec.  1926.1410(d) would have to be documented and 
immediately available on-site. This would ensure that these procedures 
are available to be used as a reference while the work is in progress.
Paragraph 1410(f)
    Under proposed paragraph (f), the equipment user and utility owner/
operator would be required to meet with

[[Page 59762]]

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 proposed Sec.  1926.1410(d) to prevent a breach of the minimum 
clearance distance established under proposed Sec.  1926.1410(c). The 
Committee believed that 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, who has a high level of expertise regarding the 
power lines.
Paragraphs 1410(g) and (h)
    Under proposed paragraphs (g) and (h), the employer would be 
required to implement the procedures developed in accordance with 
proposed Sec.  1926.1410(d). The utility owner/operator and all 
employers of the employees involved in the work would have to identify 
one person who will direct the implementation of the procedures. This 
person would have to direct the implementation of the procedures and 
have the authority to stop work at any time to ensure safety.
    The Committee believed 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 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 believed that there needs to be one person who all involved 
in the operation recognize as having this role and authority.
    Paragraph 1410(i). [Reserved.] This paragraph would be reserved 
because it is inconvenient for readers to determine whether ``(i)'' is 
being used as a letter or a roman numeral.
Paragraph 1410(j)
    This proposed provision would require the employer to safely stop 
operations if a problem occurs with implementing the procedures in 
paragraph (d) or if there is an indication that those procedures are 
inadequate to prevent electrocution. In addition, this proposed 
provision would require 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.
Paragraph 1410(k)
    This proposed provision would require 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 proposed Sec.  1926.1410 it must 
meet the manufacturer's procedures for use and conditions of use. The 
Committee believed that this provision is necessary to ensure that the 
devices will work as intended.

Subpart V Work--Working Closer Than Table A

    In considering the circumstances under which work closer than the 
Table A (of proposed Sec.  1926.1408) distances would be permitted, C-
DAC recognized that it was necessary to address the special 
circumstances of power line work covered by 29 CFR 1926 subpart V. That 
subpart 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.
    Currently, under subparts V and N of part 1926, employers engaged 
in subpart V work are not required to comply with the ``10 foot rule.'' 
Instead, with some exceptions, they are required to maintain the 
minimum clearance distances specified in subpart V's Table V-1.\29\ 
Table V-1 has minimum clearance distances that are less than the ``10 
foot rule'' (and, therefore, less than the proposed rule's Table A 
distances). As discussed below, under this proposed standard, employers 
engaged in subpart V work would continue to be permitted to use the 
Table V-1 minimum clearance distances. However, C-DAC believed that 
additional protection is needed for these workers. Therefore, this 
proposed rule includes new prerequisites and criteria that must be met 
before the Table V-1 minimum clearance distances could be used.\30\ The 
Committee believed that it is appropriate for employers using equipment 
for subpart V of part 1926 activities to work closer than the Table A 
(of proposed Sec.  1926.1408) distances only where the prerequisites 
and criteria for doing so set out in proposed Sec.  1926.1410, which 
are applicable to all employers, are met. Therefore, for subpart V 
work, the employer would be required to maintain the clearance 
distances in Table A except where the employer demonstrates 
infeasibility.
---------------------------------------------------------------------------

    \29\ Since C-DAC developed its consensus document, OSHA has 
proposed t amend part 1926 subpart V by, among other things, 
replacing Table V-1. 70 FR 34821 (June 15, 2005). If OSHA issues a 
final rule modifying Subpart V before issuing a final rule based on 
this proposal, OSHA will take into account any modifications to 
Subpart V, including Table V-1, in drafting this final rule.
    \30\ The only exceptions to the application of this proposed 
rule to subpart V of part 1926 V of part 1926 work are those 
contained in Sec. Sec.  1926.1407-1411; all other aspects of the 
proposed rule would apply. This is consistent with the current 
Subpart V, for Sec.  1926.952(c) of Subpart V requires equipment 
operating near power lines to comply with the current cranes and 
derricks standard in Subpart N. Therefore, the portion of the 
current Sec.  1926.952(c) that requires equipment operating near 
power lines to comply with the cranes and derricks standard would be 
retained.
---------------------------------------------------------------------------

    In addition, it would be required to implement most of the 
protective measures required by this proposed standard. As discussed 
above, Subpart V work would not be subject to the requirement for an 
additional protective measure from the list in proposed Sec.  
1926.1408(b)(4). The Committee believed that, with certain exceptions 
explained below, such additional measure would not be necessary for 
such work. Also, subpart V work would not be subject to the prohibition 
in proposed Sec.  1926.1408(d)(1) against equipment operating under 
power lines (see discussion above of proposed paragraph 1408(d)(2)(i)).
    However, when, as will often be the case, it is not feasible to 
maintain the Table A (of proposed Sec.  1926.1408) distances for 
subpart V work, under proposed Sec.  1926.1410(c)(2), the clearance 
distances in Table V-1 would normally apply. The Committee concluded 
that it was not necessary to require employers engaged in subpart V 
work to undertake the process in proposed Sec.  1926.1410(c)(1) for 
establishing a minimum clearance distance when it is infeasible to 
comply with the Table A (of proposed Sec.  1926.1408) clearances. The 
existing clearance distances for subpart V work found in Table V-1 
recognize that such work often requires that equipment get closer to 
the lines than the clearance distances specified in Table A and were 
specifically drafted to address subpart V work. Therefore, proposed 
Sec.  1926.1410 (c)(2) would exempt subpart V work from proposed Sec.  
1926.1410(c)(1) and would state instead that the minimum clearance 
distances specified in Sec.  1926.950 Table V-1 would apply.
    Furthermore, under proposed Sec.  1926.1410(d)(3), an employer 
engaged in subpart V work closer than the Table A distance would not be 
required to use an elevated warning line or barricade. It is the 
Agency's understanding that the


[[Continued on page 59763]]


From the Federal Register Online via GPO Access [wais.access.gpo.gov]
]                         
 
[[pp. 59763-59812]] Cranes and Derricks in Construction

[[Continued from page 59762]]

[[Page 59763]]

Committee's rationale for this exclusion was that when subpart V work 
takes place closer than the Table A distances, a warning line would 
interfere with the tools, cables, and other material used in subpart V 
work. However, it is unclear to the Agency why this would also be the 
case if a barricade were used. The Agency requests public comment on 
this issue.
    The provisions of this proposed standard would necessitate certain 
conforming amendments to the subpart V provisions dealing with lifting 
equipment to eliminate obsolete requirements and promote clarity. 
Currently, Sec.  1926.952(c)(1) reads as follows

    :(c) Derrick trucks, cranes and other lifting equipment. (1) All 
derrick trucks, cranes, and other lifting equipment shall comply 
with subpart N and O of this part except:
    (i) As stated in Sec.  1926.550(a)(15)(i) and (ii) relating to 
clearance (for clearances in this subpart see Table V-1) and
    (ii) Derrick truck (electric line trucks) shall not be required 
to comply with Sec.  1926.550(a)(7)(vi), (a)(17), (b)(2), and (e).

    These subpart V provisions would need to be modified in several 
respects. First, 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), when used in these 
industries for auguring holes to set power and utility poles, or 
handling associated materials to be installed or removed from utility 
poles, are excluded from the scope of this proposed standard. They 
would, however, continue to be covered by subpart V when used in this 
manner. Specifically, subpart V's current requirement that the minimum 
clearance distances of Table V-1 be met when using such equipment would 
be retained when such equipment is used outside the coverage of the new 
cranes and derricks standard.
    Since these trucks, when used in the manner described, would be 
outside the scope of the new cranes and derricks standard, subpart V's 
provision in Sec.  1926.952(c)(1)(ii) stating that derrick trucks need 
not comply with Sec. Sec.  1926.550(a)(7)(vi), (a)(17), (b)(2), and 
(e), which incorporate the requirements of certain industry consensus 
standards, would no longer be necessary.
    Second, the subpart V provisions would be changed to reflect the 
terminology used in the scope section of this proposed standard and its 
new subpart designation (Subpart CC). With respect to ``cranes and 
other lifting equipment,'' Sec.  1926.952(c)(1)(i) would be unnecessary 
since proposed Sec. Sec.  1926.1407 through 1926.1411 of this proposed 
standard address the applicable minimum clearance distances, including 
the circumstances under which the clearance distances in Table V-1 
would apply.
    Accordingly, Sec.  1926.952(c)(1) would be amended to read:

    (c) Cranes and other lifting equipment. (1) All equipment 
covered by Subpart CC that is used for work covered by this standard 
[Subpart V], including cranes and other lifting equipment, shall 
comply with subparts CC and O of this part.
    (2) 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), when 
used in these industries for auguring holes to set power and utility 
poles, or handling associated materials to be installed or removed 
from utility poles, must meet the applicable minimum clearance 
distance in Table V-1.

Subpart V Work--Working Closer Than Table V-1

    Currently, Sec.  1926.952(c)(2) recognizes that there are 
circumstances when the Table V-1 clearance distances cannot be 
maintained during Subpart V work and lists requirements that must be 
met when this is the case. OSHA believes that C-DAC intended to permit 
Subpart V work closer than the Table V-1 clearances when the 
precautions in Sec.  1926.952(c)(2), as well as additional precautions 
contained in proposed Sec.  1926.1410(d), are followed.
    To make this clear, OSHA is proposing to add the following language 
to proposed Sec.  1926.1410(c)(2): ``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)(2)(i) and (ii) are met.'' [Note that subsections (i) and 
(ii) are currently subsections (iii) and (iv) but would be renumbered 
under the proposed amended language of Sec.  1926.950(c)(2) discussed 
below]. OSHA requests public comment on this proposed addition.
    This proposed change would require conforming amendments to Sec.  
1926.952(c)(2), which currently reads as follows:

    (2) 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:
    (i) An insulated barrier is installed between the energized part 
and the mechanical equipment, or
    (ii) The mechanical equipment is grounded, or
    (iii) The mechanical equipment is insulated, or
    (iv) The mechanical equipment is considered as energized.

    Under this proposed section, the precautions specified in 
paragraphs Sec.  1926.952(c)(2)(i) and (ii) would be required under 
proposed Sec.  1926.1410(d) when equipment used in Subpart V work is 
operated closer than the Table V-1 clearances. Since these precautions 
would now be required by proposed Sec.  1926.1410(d), OSHA is proposing 
to delete them from Subpart V as redundant. OSHA is therefore proposing 
to amend Sec.  1926.952(c)(2) to read as follows:

    (2) 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.

    OSHA requests public comment on the proposed amendments to Sec.  
1926.950(c)(1) and (2) of Subpart V described above.
    In addition, OSHA notes that, under the current 29 CFR Part 1926 
Subpart V requirement in Sec.  1926.952(c)(2), when doing Subpart V 
work closer than the Table V-1 distances, the equipment must be 
insulated or considered energized.\31\ However, proposed Sec.  
1926.1410 does not have a similar requirement. Therefore, an employer 
engaged in Subpart V work that was closer than the Table V-1 distances 
would continue to be required (under Sec.  1926.952(c)(2)) to insulate 
or consider the equipment energized, but an employer engaged in non-
Subpart V work at the same distance would not. The Agency requests 
public comment on whether such requirements should also apply to non-
Subpart V work when working closer than the Table V-1 distances.
---------------------------------------------------------------------------

    \31\ In Subpart V, when equipment is considered energized, a 
number of Subpart V requirements are triggered. See, for example, 
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).
---------------------------------------------------------------------------

    Finally, OSHA notes that in this zone, one of the options that an 
employer engaged in Subpart V currently has under Sec.  
1926.952(c)(2)(iii) is to insulate the equipment. Under proposed Sec.  
1926.1410(d)(11), that employer would also have to ground the 
equipment. The Agency's understanding of how equipment can be 
simultaneously

[[Page 59764]]

insulated and grounded is illustrated by the following example: 
Equipment that has a boom constructed of an insulating material (such 
as fiberglass) is typically mounted on a carrier (the ``truck'' portion 
of the equipment), which is constructed mostly of conductive material 
(i.e., steel). Because the boom (and the linkages, pneumatic and 
hydraulic lines, and other associated parts on the boom) is insulated, 
the equipment is considered insulated under (Sec.  
1926.952(c)(2)(iii)). If the employer were to ground the carrier, the 
parts of the equipment that could form an electrical path to ground 
(the carrier and the conducting parts of the equipment forming an 
electrical path to the carrier, such as the load line and hoist) would 
be grounded. Therefore, the equipment would meet both the insulating 
option in Sec.  1926.952(c)(2)(iii) and the proposed grounding 
requirement in proposed Sec.  1926.1410(d)(11).

Subpart V Work--Summary

    The differences between how the proposed requirements for power 
line safety would apply generally to crane operations and how they 
would apply to an employer engaged in work covered by Subpart V are 
summarized in the following table:

------------------------------------------------------------------------
           Non-Subpart V Work                     Subpart V Work
------------------------------------------------------------------------
                      When Using Table A Distances
------------------------------------------------------------------------
Sec.   1926.1408:
    Must pick one additional prevention  Additional measure not required
     measure from list in Sec.            (Sec.   1926.1408(b)(5)).
     1926.1408(b)(4).
    Sec.   1926.1408(d): Operations      Operations below power lines
     below power lines generally          permitted (Sec.
     precluded..                          1926.1408(d)(2)(i)).

 (All other requirements in Sec.   1926.1408 would apply equally to both
                    Non-Subpart V work and Subpart V)
------------------------------------------------------------------------
                  Working Closer Than Table A Distances
------------------------------------------------------------------------
Sec.   1926.1410:
    Sec.   1926.1410(c)(1) (utility or   Instead, use Subpart V's Table
     registered professional engineer     V-1 minimum clearance distance
     sets minimum clearance distance).    (Sec.   1926.1410(c)(2)).
    Sec.   1926.1410(d)(3) (warning      Not required.
     line or barricade).
    Sec.   1926.1410(d)(4) (insulating   Only required if working closer
     link).                               than Table V-1 (Sec.
                                          1926.1410(d)(4)(ii)); see
                                          below.
------------------------------------------------------------------------
                      Working Closer Than Table V-1
------------------------------------------------------------------------
[The proposed Sec.   1926.1410           (Under both Sec.   1926.1410
 requirements would apply to all          and current Sec.
 distances closer than those specified    1926.952(c)(2)).
 in Table A; there are no additional
 proposed requirements for working
 closer than the Table V-1 distances
 for non-Subpart V work].
(Insulating link required under Sec.     Must use insulating link (Sec.
 1926.1410(d)(4)).                         1926.1410(d)(4)(ii)).
    Not required.......................  Equipment must be insulated or
                                          considered energized (Sec.
                                          1926.952(c)(2)).

 (All other requirements in Sec.   1926.1410 would apply equally to both
                 Non-Subpart V work and Subpart V work)
------------------------------------------------------------------------

Section 1411 Power Line Safety -While Traveling

    This proposed section is designed to protect against electrical 
hazards while equipment is traveling with no load under power lines on 
construction sites. These proposed requirements would apply only to 
cranes/derricks while traveling on a construction site under power 
lines; they would not apply to equipment while traveling on roads (or 
in areas) that are not part of a construction site.
    The following scenario is an example of the parameters of the scope 
of this provision: A crane travels on a public road to the entrance of 
a new residential tract development. While traveling on the public road 
it passes under powerlines. No construction is taking place on the 
public road. The tract, including a road that runs through the 
development, is open to construction traffic but is otherwise closed to 
the public. In the development, homes are in various stages of 
construction. The crane enters the development and travels along the 
development road to the area where the crane is going to be operated. 
The crane will pass under power lines as it travels along this 
development road.
    In this scenario, proposed Sec.  1926.1411 would not apply with 
respect to the crane traveling along the public road to the entrance of 
the development, since that road is not part of a construction site. 
However, it would apply with respect to traveling under power lines on 
the development road since the development road is part of a 
construction site.
    It was the intention of the Committee that the requirements of 
proposed Sec.  1926.1411 apply only with respect to such equipment when 
traveling with no load. Power line hazards regarding equipment 
traveling on a construction site with a load would be governed by the 
proposed provisions in Sec. Sec.  1926.1408, 1926.1409 and 1926.1410.
    The C-DAC draft of Sec.  1926.1411(a) stated:

    (a) This section applies to equipment while traveling under a 
power line on the construction site with no load and the boom/mast 
and boom/mast support system lowered sufficiently to meet the 
requirements of paragraph (b).

    In reviewing that draft, the Agency realized that it could be 
misconstrued to mean that the requirements of Sec.  1926.1411 would 
only apply once the crane was traveling under a power line; in other 
words, that no action would be required of an employer prior to the 
equipment being under the power line. To make it clear that there are 
certain proposed provisions in this section that would require the 
employer to make determinations and take action before the equipment is 
actually under the power line, the Agency has revised the Committee's 
original language in Sec.  1926.1411(a) to read:

    (a) This section establishes procedures and criteria that must 
be met for equipment traveling under a power line on the 
construction site with no load.


[[Page 59765]]


    This change clarifies that the employer would be required to make 
determinations and take certain actions prior to the equipment 
traveling under the power line. For example, under proposed Sec.  
1926.1411(b)(4), if any part of the equipment while traveling would get 
closer than 20 feet to the power line, the employer would be required 
to have a dedicated spotter who is in continuous contact with the 
operator. If this requirement were to only apply at the moment the 
equipment was under the power line, it would not serve the purpose of 
providing the operator with someone to assist in gauging the clearance 
distance while the equipment is traveling under the power line.
    In addition, the C-DAC draft of Sec.  1926.1411(a) included a 
reference to the boom/mast and boom/mast support system being lowered 
to meet the criteria specified in proposed Sec.  1926.1411(b). The 
Agency was concerned that inclusion of that reference could be 
misconstrued as meaning that the section is inapplicable where the 
boom/mast and boom/mast support system had not been sufficiently 
lowered. Therefore, the Agency has modified the paragraph by moving 
that reference to proposed 1926.1411(b) to explicitly make it part of 
the required criteria for traveling under powerlines without a load. 
The C-DAC's draft of 1926.1411(b)(1) stated:

    (b) The employer shall ensure that:
    (1) The clearances specified in paragraph (c), Table T, are 
maintained.

    This has been changed so that the proposed Sec.  1926.1411(b)(1) 
and (b)(2) now state:

    (b) The employer shall 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.

    Therefore, under these proposed provisions, the employer would be 
required to ensure that equipment traveling with no load on a 
construction site under a power line has the boom/mast and boom/mast 
support system lowered sufficiently so that the clearances specified in 
Table T are maintained.
    In addition to maintaining the Table T minimum clearance distances, 
proposed Sec.  1926. Sec.  1926.1411(b)(3) would require 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. OSHA is modifying the C-DAC language as follows 
to clarify this requirement.

    (b)(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.

    Proposed paragraph (b)(4) would require 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 would also require 
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. The Committee believed that each of these measures is 
necessary for the spotter to be effective.
    In reviewing proposed Sec.  1926.1411(b)(4), OSHA noted that the 
language ``crane operator'' was used rather than ``driver.'' For 
example, proposed Sec.  1926.1411(b)(4) reads:

    (4) Dedicated spotter. If any part of the equipment while 
traveling will get within 20 feet of the power line, the employer 
shall ensure that a dedicated spotter who is in continuous contact 
with the crane operator is used * * *

    Because proposed Sec.  1926.1411 deals with power line safety while 
equipment is traveling without a load, OSHA recognizes 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 is soliciting comments on 
whether the language ``crane operator'' used in proposed Sec.  
1926.1411(b)(4) should be changed to ``driver'' or ``driver/operator.''
    The Committee members were also concerned about equipment traveling 
underneath power lines in low visibility situations, such as at night, 
in the rain or fog. The electrical hazards posed by power lines are 
exacerbated when the driver's ability to see the power line is reduced. 
The Committee believed that additional precautions are necessary in 
light of this heightened danger. Therefore, proposed Sec.  
1926.1411(b)(5) would require the employer to ensure the power lines 
are either illuminated or another means of identifying them is used and 
a safe path of travel is identified.
    In reviewing the C-DAC draft of this provision, OSHA recognized 
that Sec.  1926.1411(b)(5)(ii) did not clearly state the Committee's 
intentions. The committee intended for employers to both identify a 
safe path of travel and also use the identified safe path of travel. 
However, the C-DAC draft stated only that a safe path be 
``identified,'' which only implicitly means that it be used. Therefore 
OSHA has revised the language in Sec.  1926.1411(b)(5)(ii) from:

    (ii) A safe path of travel is identified.

    to read:

    (ii) A safe path of travel is identified and used.

    The proposed requirements of this section are similar to section 5-
3.4.5.5 of ASME B30.5-2004. The values in proposed Table T of proposed 
Sec.  1926.1411, which provides the minimum clearance distances while 
traveling with no load and a lowered boom, are substantially similar to 
the values used by ASME. The distinction between these proposed 
requirements and those requirements in ASME are that the proposed 
requirements govern equipment while traveling under a power line and 
the ASME provisions govern mobile cranes while in transit. ASME defined 
``transit'' as the moving or transporting of a crane from one jobsite 
to another.
    The Agency notes that ASME B30.5-2004 calls for equipment in 
transit to maintain a specific clearance distance to power lines in 
accordance with Table 1 of ASME B30.5. While proposed Sec.  1926.1411 
governs equipment traveling without a load directly under power lines, 
it does not otherwise address the potential hazards associated with 
equipment traveling without a load near power lines. Further, as stated 
earlier, equipment traveling with a load, whether or not under a power 
line, would be considered ``operations'' and employers would have to 
comply with the proposed requirements in Sec.  1926.1408, 1926.1409, or 
1926.1410 in such instances.
    However, equipment traveling without a load is not covered by 
either proposed Sec.  1926.1410 (operations) or Sec.  1926.1411 
(traveling under power lines). Therefore, OSHA requests public comment 
on whether it is necessary to establish requirements for equipment 
traveling on a construction site without a load near power lines.

Additional Changes to the Regulatory Text In Proposed Sec. Sec.  
1926.1407-1411

    In the C-DAC draft of provisions dealing with the ``trigger'' 
distance for further action, the draft referred to situations in which 
the crane, load or load line could get ``within'' the trigger distance. 
Because of the potential for confusion as to whether ``within'' means 
breaching or not breaching that

[[Page 59766]]

distance, the Agency has changed ``within'' to ``closer than.'' For 
example, the C-DAC draft of 1926.1407(a) read:

    Before assembling or disassembling a crane, the employer must 
determine if any part of the crane, load line or load (including 
rigging and lifting accessories) could get, in the direction or area 
of assembly, within 20 feet of 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, as follows: * * *

    This provision now reads:

    Before assembling or disassembling a crane, the employer must 
determine if any part of the crane, load line or load (including 
rigging and lifting accessories) could get, in the direction or area 
of assembly, 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 Sec.  
1926.1407(a), as follows:

Section 1412 Inspections

    The purpose of this proposed section is to prevent injuries and 
fatalities caused by equipment failures. A key method of accomplishing 
this goal is through the use of an inspection process that identifies 
and addresses safety concerns.
    Currently, Subpart N requires the employer to designate a competent 
person to inspect all machinery and equipment prior to each use, and 
during use, to make sure it is in safe operating condition. Any 
deficiencies shall be repaired, or defective parts replaced, before 
continued use. 29 CFR 1926.550(a)(5). In addition, Subpart N requires a 
thorough annual inspection of the hoisting machinery by a competent 
person or by a government or private agency recognized by the U.S. 
Department of Labor. 29 CFR 1926.550(a)(6).
    Subpart N also contains inspection requirements for specific types 
of equipment that incorporate national consensus standards or 
manufacturer recommendations by reference. Section 1926.550(b)(2) 
requires crawler, locomotive, and truck cranes to meet the inspection 
requirements of ANSI B30.5-1968, ``Crawler, Locomotive and Truck 
Cranes'' (with a modified version of the ANSI standard's monthly 
inspection documentation requirement). Overhead and gantry cranes, 
under Sec.  1926.550(d)(4), must be inspected pursuant to ANSI B30.2.0-
1967, ``Overhead and Gantry Cranes.'' For derricks, Sec.  1926.550(e) 
requires compliance with the inspection requirements of ANSI B30.6-
1969, ``Derricks.'' Hammerhead tower cranes must be inspected (Sec.  
1926.550(c)(5)) and floating cranes and derricks must be tested (Sec.  
1926.550(f)(2)(iii)) in accordance with manufacturer specifications.
    The Committee believed it would avoid confusion and promote 
compliance to establish, as far as possible, uniform inspection 
schedules and requirements applicable to all types of equipment. At the 
same time, it recognized that the wide variety of equipment covered by 
this proposed standard necessitated some equipment-specific inspection 
provisions. Thus, proposed paragraphs (a) through (j) of this section 
would set inspection requirements for all covered equipment that would 
be supplemented by other sections of this proposed standard relative to 
specific equipment. The proposed section is structured so that the 
inspection requirements would be triggered by activity (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).
    Note that for each of these inspections, as discussed in detail 
below, this proposed standard specifies a requisite level of 
qualification of the person conducting the inspection (for certain 
inspections, a competent person; for others a qualified person). 
However, like Subpart N, the proposed rule does not include a testing/
evaluation requirement for such employees for assessing their ability 
to conduct the inspections.
    Since the C-DAC document was completed, crane accidents have 
occurred that have raised concerns regarding the level of expertise 
needed by those who inspect the equipment covered by this proposed 
standard. In Sec.  1926.1428, this proposed rule specifies a protocol 
for ensuring that signal persons have adequate expertise to perform 
their duties. The Agency requests public comment on whether a similar 
approach is needed for those who inspect equipment as required by this 
proposed standard.
Paragraph 1412(a) Modified Equipment
    Proposed paragraph (a) would require an inspection (that includes 
functional testing) 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. 
In essence, the proposed provision would require assurance that such 
modifications or additions are performed in accordance with the 
approval obtained in proposed Sec.  1926.1434, Equipment modifications. 
Proposed Sec.  1926.1412(a)(2) would prohibit the use of the equipment 
until that requirement was met. The purpose is to prevent modification-
related equipment failure.
    This proposed paragraph is generally similar to consensus and 
government standards, including ANSI B30.5-1968, ASME B30.5-2004, COE 
(Corps of Engineers)--EM 385-1-1 (3-Nov-03), and DOE (Department of 
Energy)--STD-1090-2004 in that each require an inspection and some 
degree of functional testing prior to using equipment that has been 
modified/altered. However, the inspection in the proposed paragraph 
differs from these in that it is limited to equipment that has 
modifications/additions that affect the safe operation of the equipment 
and is limited to confirming compliance with modifications or additions 
that are approved by the manufacturer or a registered professional 
engineer pursuant to Sec.  1434. Further, this proposed paragraph does 
not contain a documentation requirement.
    The Committee was of the view that many changes made to equipment 
do not implicate safe operation, and application of an inspection 
requirement to such changes would be unnecessary and unduly burdensome. 
The proposed paragraph reflects this concern and is tailored to require 
this inspection only when the modification is of the type that could 
affect safety. As such, the inspection would only be required for 
modifications that affect ``safe operation'' as illustrated by a non-
exclusive list of examples (``modifications or additions involving 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 mechanisms'').
    The first criterion to be used in conducting the inspection 
(proposed Sec.  1926.1412(a)(1)(i)) is the modification approval 
obtained under proposed Sec.  1926.1434. This would ensure that the 
modification was accomplished as intended under that approval.
    The second criterion (proposed Sec.  1926.1412(a)(1)(ii)) is 
functional testing. This reflects the Committee's view that functional 
testing is essential to ensuring that the modification was completed 
correctly. Such testing can reveal faults that often would not 
otherwise be apparent.
    As drafted, Sec.  1926.1412(a)(1)(ii) would not limit the 
functional testing requirement to only those components that are or may 
be affected by the modification or addition but would require testing 
of the entire equipment. OSHA requests public comment on

[[Page 59767]]

whether the provision should be modified to limit the functional 
testing requirement to those components that are or may be affected by 
the modification or addition.
    During the SBREFA process, a Small Entity Representative suggested 
adding an exception to proposed Sec.  1926.1412(a) for ``transportation 
systems,'' by which the SER meant any system dispersing the weight of 
the crane for movement on the highways. The Panel recommended that OSHA 
solicit public comment on whether to include such an exception and, if 
so, what the appropriate terminology for such an exception would be. 
OSHA welcomes public comment on whether an explicit exception for such 
transportation systems should be included in Sec.  1926.1412(a).
Paragraph 1412(b) Repaired/Adjusted Equipment
    Proposed paragraph (b) provides that equipment that has had a 
repair or adjustment that affects the safe operation of the equipment 
must be inspected (including functional testing) by a qualified person 
prior to initial use after the repair/adjustment. In summary, the 
qualified person would be required to determine if such repairs and 
adjustments have been performed in accordance with manufacturer 
equipment criteria.
    As defined in Sec.  1926.1401, ``equipment criteria'' include 
``instructions, recommendations, limitations and specifications.'' This 
definition is included to make clear that ``equipment criteria'' is to 
be broadly construed to include the full range of information regarding 
the equipment's functions and operation provided by the manufacturer. 
If those criteria were unavailable or inapplicable, the qualified 
person would be required to determine whether a registered professional 
engineer (RPE) is needed to develop criteria. If an RPE were not 
needed, a qualified person would be required to develop them. Use of 
the equipment would be prohibited until the inspection demonstrates 
that the repairs and adjustments met the criteria. The purpose of this 
provision is to avoid the failure of equipment due to improper repairs 
and adjustments.
    The Committee was of the view that many repairs and adjustments 
made to equipment do not implicate safe operation, and application of 
an inspection requirement to all repairs and adjustments would be 
unnecessary and unduly burdensome. The proposed paragraph reflects this 
concern by limiting this proposed inspection requirement to those 
repairs and adjustments that are of the type that could affect safety. 
A non-exclusive list of examples of repairs and adjustments that would 
trigger the inspection is included in the provision.
    The Committee believed that functional testing is essential to 
ensuring that a repair or adjustment has been completed correctly. Such 
testing can reveal faults that may not otherwise be apparent.
    As discussed above in relation to proposed Sec.  
1926.1412(a)(1)(ii), the functional testing requirement is not limited 
to those components that are or may be affected by the repair or 
adjustment. OSHA requests public comment on whether the provision 
should be modified to add such a limitation.
    The Agency believes that this inspection provision is needed to 
prevent injuries and fatalities from accidents caused by faulty repairs 
and adjustments. As evidenced by similar provisions in other standards 
(see COE--EM 385-1-1 (3-Nov-03), and DOE--STD-1090-2004; see also the 
consensus standard ASME B30.5-2004), the industry has recognized the 
hazards associated with improperly repaired and adjusted equipment and 
the importance of this type of inspection.
Paragraph 1412(c) Post-Assembly
    Proposed paragraph (c) would require a post-assembly inspection of 
equipment by a qualified person prior to its use. In sum, the provision 
would require the qualified person to assure that the equipment is 
configured in accordance with the manufacturer's equipment criteria. 
Where those criteria are unavailable, the equipment would have to meet 
criteria developed by either the qualified person or an RPE familiar 
with the equipment (if the qualified person decides that an RPE is 
needed). Equipment use would be prohibited until the inspection 
demonstrates that the criteria have been met.
    ANSI B30.5-1968, and ASME B30.5-2004 do not call for this type of 
inspection. COE in EM 385-1-1 (3 Nov 03), Appendix H, does include a 
post-assembly inspection.
    The Committee was of the view that a post-assembly inspection is 
needed because of the dangers associated with incorrectly assembled 
equipment. For example, the equipment's load chart may overstate the 
equipment's capacity if the equipment has been incorrectly assembled. 
Also, a component may be stressed beyond its design capacity if 
incorrectly assembled.
    The Committee considered whether to recommend requiring that this 
inspection be conducted by a person who is not only qualified but is 
also a ``competent person,'' i.e., a person with the authority to take 
corrective action. The Committee ultimately decided that this would not 
be necessary because proposed Sec.  1926.1412(c)(3) would prohibit the 
use of equipment until the post-assembly inspection demonstrates that 
the equipment is configured in accordance with the applicable criteria. 
Therefore, if the qualified person were to find that the equipment was 
incorrectly assembled, it could not be used until the error was 
corrected.
    Also discussed was whether a registered professional engineer 
(RPE), as opposed to a qualified person, is needed to develop the 
criteria for the equipment configuration where the manufacturer 
criteria are unavailable. The Committee agreed that an RPE would 
typically not be needed for, as one member stated, ``a basic machine 
that goes together in a basic manner,'' but that an RPE would be needed 
for some of the more complex types of equipment. As a result, the 
Committee found that it would be appropriate to have the qualified 
person determine if an RPE were needed to develop the criteria.
Paragraph 1412(d) Each Shift
    Proposed paragraph (d) would require a shift inspection, the first 
of three regularly scheduled equipment inspections that would be 
required. Specifically, 1926.1412(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 
proposed paragraph lists the items that would be required to be 
included in this inspection and specifies the corrective action that 
would be required. The purpose of this provision is to identify and 
address safety hazards before they cause accidents.
    This inspection (which would begin prior to each shift and be 
completed before or during that shift) is broadly similar to the 
current requirement in 29 CFR 1926.550(a)(5) of Subpart N to conduct an 
inspection ``prior to each use, and during use * * *'' Similarly, 
several other current standards, including 29 CFR part 1926 subpart R 
(Steel Erection) and COE--EM 385-1-1 (3-Nov-03) require some type of 
shift inspection for cranes. In contrast, ANSI B30.5-1968 as well as 
the more current ASME B30.5-2004, call for a ``Frequent Inspection'' at 
``daily to monthly'' intervals. The ``Frequent Inspection'' in the 
ANSI/ASME standards, though, includes a reference to ``observation 
during operation.''

[[Page 59768]]

    The ``each shift'' inspection in the proposed rule is designed to 
ensure that the equipment will be removed from service if there is a 
visually apparent deficiency that constitutes a safety hazard. The 
Committee considered adopting the ``daily to monthly'' inspection 
interval that is in the ANSI/ASME B30.5 consensus standard, but 
determined that that approach was too vague for use as a mandatory OSHA 
requirement. Instead, the Committee found that, in accordance with 
long-standing, common industry practice, an inspection of the items 
listed in the proposed paragraph each shift is an appropriate means of 
ensuring that the equipment's condition will be sufficient for safe 
operation.
    The Committee also discussed whether the shift inspection should be 
required to be completed before a shift's crane operations begin. It 
determined that it is not necessary to complete the inspection in that 
short of a time frame. The Agency believes that this determination is 
reasonable for several reasons. First, this would be an inspection that 
would be done for every shift, and therefore would be done quite 
frequently. This would substantially diminish the likelihood that a 
critical problem would suddenly occur, since symptoms of such a problem 
developing would likely have been detected in prior shift inspections.
    Second, as discussed below, one of the purposes of the annual/
comprehensive inspection is to detect developing deficiencies that, 
while not yet safety hazards, need to be monitored. In such cases the 
employer under the annual/comprehensive requirements in proposed Sec.  
1926.1412(f)(4) would be required to monitor them in the monthly 
inspections. Finally, the competent person that conducts the shift 
inspection would be required to reassess his or her determinations in 
light of observations made during the equipment's operation. The 
Committee designed these proposed requirements to work together, and in 
light of that combined approach, the Agency believes that it would be 
sufficient for the shift inspection to be completed during the shift.
    The Committee also discussed the degree of scrutiny that would be 
required during the shift inspection. Specifically, it considered 
whether the shift inspection should involve any disassembly of the 
equipment. It determined that disassembly should not normally be needed 
for this type of inspection since its purpose is not to duplicate the 
annual/comprehensive inspection (which is where the equipment would be 
subjected to a level of scrutiny that would necessarily involve 
disassembly). Instead, disassembly would only be required where ``the 
results of the visual inspection or trial operation indicate that 
further inspection necessitating disassembly is needed.''
    Finally, a competent person would be required to perform the shift 
inspection. The Committee believed that a person that meets the 
definition of a competent person (see the definition discussion above) 
is needed to perform the shift inspection for two reasons. First, such 
a person would have the capability to identify apparent deficiencies, 
determine if any disassembly was needed, and determine if the 
deficiency constitutes a safety hazard. Second, a competent person 
would have the authority necessary to take corrective action in the 
event a deficiency was such a hazard.
    OSHA anticipates that the equipment operator will often be used by 
the employer as the competent person who conducts the shift inspection. 
The operator will be at the site and, in most cases, by virtue of his 
or her qualification or certification under proposed Sec. Sec.  
1926.1427 and 1926.1430 and experience and familiarity with the 
equipment, would meet the requirements for a competent person. However, 
the employer would have the flexibility to use someone else to conduct 
the shift inspection as long as that person met the definition of 
competent person.
    Proposed paragraphs (d)(1)(i) through (xiv) sets forth the list of 
items that, at a minimum, would be required to be inspected each shift. 
The Committee believes that this is an appropriate list for ensuring 
safety and builds on well established industry practice in terms of 
what needs to be inspected in this type of inspection. For example, the 
list is similar to the one for pre-shift inspections in 29 CFR Part 
1926 subpart R, the list in ASME B30.5-2004 for its Frequent 
Inspection, and with the exception of a few additional items, to the 
list for Frequent Inspections in ANSI B30.5-1968.
    Overall, except as noted below in the discussion of the particular 
items on this list, the concerns of C-DAC members relative to this list 
focused on whether items not listed as ``daily'' inspection items but 
included instead in the ``Frequent Inspection'' list in ASME B30.5a-
2002 (which are identical to those in the more recent ASME B30.5-2004 
standard) should be inspected each shift. A concern was raised in the 
Committee meetings about the nature of the visual inspection and 
whether including all of the listed items in ANSI/ASME would be too 
burdensome. To address this concern, the Committee decided to include 
these items (and a few others) but to also include the language 
discussed above limiting the circumstances in which disassembly would 
be required.
    The following discussion addresses only those items for which the 
Committee recommended inspection descriptions that vary in some 
significant way from past or current consensus standards (apart from 
their being designated for inspection each shift).
    Proposed paragraph (d)(1)(ii) lists ``[c]ontrol and drive 
mechanisms for apparent excessive wear of components and contamination 
by lubricants, water or other foreign matter.'' Though similar to the 
requirement in ANSI B30.5-1968 and ASME B30.5-2004 (on the ``Frequent'' 
list), and in 29 CFR part 1926 subpart R, this provision reflects some 
differences. For example, unlike the ANSI/ASME standards (but similar 
to Subpart R), it adds ``drive'' mechanisms, which the Committee 
believed more accurately reflects the type of mechanisms that need to 
be inspected. In addition, ``excessive'' was added to account for the 
fact that some wear in these mechanisms is normal and not unsafe. The 
extent of wear needed to trigger further evaluation of the item is that 
which is apparently excessive.
    Proposed paragraph (d)(1)(iii) addresses ``[a]ir, hydraulic, and 
other pressurized lines for deterioration or leakage, particularly 
those which flex in normal operation.'' This paragraph is similar to an 
item listed in ANSI B30.5--1968 and in ASME B30.5-2004, with the 
difference being the reference to ``air'' and ``other pressurized 
lines.'' These additions reflect the Committee's belief that it is 
necessary to check all types of pressurized lines.
    Proposed paragraph (d)(1)(v) lists ``[h]ooks and latches for 
deformation, cracks, excessive wear, or damage such as from chemicals 
or heat.'' This substantially mirrors Subpart R, and is similar to ANSI 
B30.5-1968 and ASME B30.5-2004, but also differs in certain ways. 
First, the Committee believed that latches can be damaged by causes 
other than the examples listed. The proposed paragraph therefore adds 
the words ``such as'' so that the examples listed would be a non-
exclusive list. Second, the Committee believed that ``heat'' should be 
added as another example of a cause of damage to highlight this as an 
area of concern (since, for example, welding is sometimes done near a 
hook or latch). Finally, the proposed

[[Page 59769]]

provision would require the competent person to inspect for ``excessive 
wear,'' as opposed to ``wear.'' This change was made because the 
Committee believed that hooks and latches are designed to withstand a 
degree of wear, and it is only when the wear is excessive that it is of 
concern.
    Proposed paragraph (d)(1)(vii) lists ``[w]ire rope, in accordance 
with Sec.  1926.1413(a).'' This item references the Shift Inspection 
provision of Sec.  1926.1413, Wire rope--inspection, which specifies 
how the wire rope would be required to be inspected in the shift 
inspection. As discussed below in the section of this Preamble on that 
proposed provision, the timing, degree of scrutiny, and level of 
expertise required of the person conducting the wire rope inspection 
essentially mirror those for proposed Sec.  1926.1412(d)(1). This was 
done to ensure consistency with the wire rope inspections and the other 
general items inspected each shift.
    Proposed paragraph (d)(1)(viii) lists ``[e]lectrical apparatus for 
malfunctioning signs of apparent excessive deterioration, dirt or 
moisture accumulation.'' This essentially mirrors provisions in ANSI 
B30.5-1968 and ASME B30.5-2004 (for Frequent Inspection) and Subpart R 
except for the insertion of the word ``apparent.'' That word was added 
to be consistent with proposed Sec.  1926.1412(d)(1)'s reference to 
``apparent deficiencies.''
    Proposed paragraph (d)(1)(ix) lists ``[t]ires (when in use) for 
proper inflation and condition.'' ASME B30.5-2004 calls for tires be 
checked for ``inflation pressure'' and Subpart R contains a similar 
provision, although it does not contain the ``when in use'' limitation. 
The Committee believed that it is unnecessary to check tires for proper 
inflation on equipment that is not in use. In addition, it decided to 
not include the word ``pressure'' because it believed that checking 
pressure each shift with a gauge is unnecessary and inconsistent with 
the visual nature of the shift inspection.
    Proposed paragraph (d)(1)(x) lists ``[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.'' This item is new, in that it is 
not included in 29 CFR part 1926 subpart N or the ANSI/ASME standards. 
The Committee believed that ground conditions can change from shift to 
shift, and in light of the critical importance of sufficient ground 
support, included this item in the C-DAC document.
    A nearly identical provision is included in 29 CFR part 1926 
subpart R. However, the C-DAC provision differs from the Subpart R 
provision in that the language ``and supporting foundations'' was added 
by C-DAC to reflect that some cranes (particularly towers cranes) are 
set on surfaces other than ``ground'' (e.g., concrete) and that ground 
settling could occur ``under and around'' those foundations. As such, 
the Agency believes that the C-DAC language is appropriate in the 
proposed rule. It should also be noted that a separate provision, Sec.  
1926.1402, Ground conditions, is included in this proposed rule, which 
more specifically addresses responsibility for and adequacy of ground 
conditions.
    Proposed paragraph (d)(1)(xi) lists ``[t]he equipment for level 
position, both shift and after each move and setup.'' This item is not 
included in the ANSI/ASME standards; however, it mirrors the language 
of the similar pre-shift inspection in Subpart R. The Committee found 
that, as with ground conditions, maintaining the equipment's level 
position is essential for its safe operation. Since factors affecting 
the equipment's angle of inclination can change from shift to shift 
(such as compression of dunnage, ground settling from freeze/thaw 
conditions and ground compression), the Committee believed that it is 
necessary to include this in the shift inspection.
    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.'' The Agency requests 
public comment on this issue.
    Proposed paragraph (d)(1)(xii) lists ``[o]perator cab windows for 
significant cracks, breaks, or other deficiencies that would hamper the 
operator's view.'' \32\ The purpose of this proposed provision is to 
ensure adequate visibility. The Committee believed that it is important 
to ensure that the windows' condition does not hamper the operator's 
view. Since a significant crack, break or other defect hampering the 
operator's view may occur during a shift, it believed that this item 
needs to be included in the shift inspection. The inclusion of the 
words ``significant'' and ``hamper the operator's view'' were to 
clarify that minor deficiencies that do not materially impair the 
operator's view are not considered safety hazards.
---------------------------------------------------------------------------

    \32\ Currently, 29 CFR Part 1926 Subpart N contains a 
requirement specifying that the type of glazing in cabs must not 
cause ``a visible distortion.''
---------------------------------------------------------------------------

    Proposed paragraph (d)(1)(xiii) lists ``[r]ails, rail stops, rail 
clamps and supporting surfaces when the equipment has rail traveling.'' 
This item is not specifically listed as an inspection item in the pre-
shift inspections of Subpart R or in the Frequent Inspections of the 
1968 or 2004 ANSI/ASME B30.5 standards. However, they are included 
because of the essential role they play in the holding and emergency 
stopping of rail mounted equipment. Their importance to safe operation 
is similarly recognized by their inclusion in proposed Sec.  1926.1415, 
Safety Devices, as safety devices that must be working properly for 
crane operations to continue.
    Proposed paragraph (d)(1)(xiv) lists ``[s]afety devices and 
operational aids for proper operation.'' Subpart N, through its 
incorporation by reference of ANSI B30.5-1968, includes a daily 
inspection of safety devices for malfunction for the equipment it 
covers, while ASME B30.5-2004 requires a daily inspection of 
operational aids for malfunction. Finally, Subpart R includes a 
nonexclusive list of safety devices in its pre-shift inspection. The 
equipment's safety devices and operational aids would be included 
because of their important role in assisting the operator in the safe 
operation of equipment.
    Concern was raised in Committee about including this item because 
the industry did not have clear, consistent definitions for terms 
``safety devices'' and ``operational aids.'' This concern was addressed 
by referencing the lists of devices for each of these terms in proposed 
Sec.  1926.1415, Safety devices and Sec.  1926.1416, Operational aids.
    The language also reflects the Committee's view that the inspection 
of these devices and aids is more accurately described as an inspection 
for ``proper operation'' rather than for ``malfunction.'' The Committee 
considered this a more accurate description because the person 
conducting the inspection does so by checking the safety device or 
operational aid for proper operation. If it is found to be working 
properly, the inspection is finished.
    Another concern was including both safety devices and operational 
aids in this provision, since many members were of the view that these 
two categories of devices necessitate different levels and types of 
action when a deficiency is found. That concern was addressed by 
specifying in proposed Sec.  1926.1412(d)(3) that if a deficiency is 
found, the action that

[[Page 59770]]

would be required in response would be the actions delineated in 
proposed Sec.  1926.1415, Safety devices and Sec.  1926.1416, 
Operational aids, which address these two categories differently. See 
additional discussions of these procedures in Sec. Sec.  1926.1415 and 
1926.1416 of this explanation of the rule.
    Proposed paragraph (d)(2) would establish the follow-up actions to 
the identification of apparent deficiencies during the shift inspection 
that would be required. Specifically, under proposed 1926.1412(d)(2), 
immediately following the discovery of any deficiency identified 
pursuant to proposed Sec.  1926.1412(d)(1)(i) through (xiii), or 
pursuant to other equipment-specific inspections (e.g., see proposed 
Sec.  1926.1436(p) (inspection of derricks), the competent person must 
determine whether the deficiency is a safety hazard. If so, equipment 
operations must cease until it has been corrected. The correction 
procedure described in proposed Sec.  1926.1412(d)(2) is similar to 
that in ANSI B30.5-1968 and ASME B30.5-2004 for their Frequent 
Inspections.
    This approach reflects the Committee's determination that not all 
deficiencies constitute safety hazards. The proposed language in Sec.  
1926.1412(d)(2) reflects that approach by linking the requirement for 
removing the equipment from service to deficiencies that constitute 
safety hazards. The provision is designed to ensure that this 
determination is made appropriately by requiring that it be made by a 
competent person. The competent person would have the capability 
necessary to make an accurate determination. In addition, requiring a 
competent person to make the determination would ensure that his or her 
findings were implemented; i.e., the competent person would have the 
authority to order the equipment out of service if the deficiency 
constituted a hazard. The Agency believes that this would be an 
appropriate means of protecting employees from equipment with 
deficiencies that constitute safety hazards.
    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. Proposed Sec.  1926.1413(a)(1), discussed below, 
explicitly states that booming down is not required as part of the 
shift inspection for wire rope. It is the Agency's understanding that 
C-DAC did not include a similar provision in the general shift 
inspection provision in proposed Sec.  1926.1412(d) because booming 
down would not be required to observe a deficiency in any of the items 
requiring inspection under that paragraph. Similarly, OSHA does not 
believe that inspection for a deficiency in any of those items would 
require removal of non-hinged inspection plates. However, OSHA welcomes 
public comment on these points.
Paragraph 1412(e) Monthly
    Proposed paragraph (e) would require a monthly inspection of the 
equipment, the second of the three regularly scheduled general 
inspections that would be required by this proposed standard. The 
monthly inspection is identical in coverage and manner to the shift 
inspection required by proposed Sec.  1926.1412(d), with one addition 
discussed below. Thus, the monthly inspection would be a visual 
inspection of the items listed in the shift inspection for apparent 
deficiencies, conducted by a competent person. However, unlike a shift 
inspection, a written record of the monthly inspection is proposed to 
be kept and retained for at least 3 months.
    In addition, under the annual/comprehensive inspection in proposed 
Sec.  1926.1412(f)(4), the employer would be required to identify 
developing deficiencies that, while not yet safety hazards, need to be 
monitored. In such cases the employer under proposed Sec.  
1926.1412(f)(4) and (f)(6) would be required to monitor them in the 
monthly inspections.
    This provision differs in some ways from the current requirement in 
29 CFR part 1926 Subpart N that incorporates by reference ANSI B30.5-
1968 and from ASME B30.5-2004. For example, rather than a monthly 
inspection, these industry standards call for a ``Frequent'' inspection 
to be done at ``daily to monthly'' intervals. The Committee believed 
that the proposed approach is an improvement over the ANSI/ASME 
approach by eliminating ambiguity over the frequency of inspections. 
Also, the consensus standards do not call for the monitoring of 
developing deficiencies, a change the Committee believed would lead to 
the elimination of hazards before they develop. However, many of the 
items listed in those consensus standards for frequent inspections are 
similar to those listed in the shift and monthly inspections of the 
proposed rule (See discussion of items inspected under proposed 
paragraphs (d)(1)(i) through (xiv) for comparison).
    Proposed paragraph (e)(3) would establish a documentation 
requirement for this monthly inspection. Specifically, proposed Sec.  
1926.1412(e)(3)(i) would require that the inspection ``be documented by 
the employer that conducts the inspection'' and indicate the items 
checked with results, the name and signature of the person of the 
inspector, and the date. In these respects this proposed requirement is 
similar to that currently in effect under Sec.  1926.550(b)(2) of 29 
CFR part 1926 Subpart N for crawler, locomotive, and truck cranes. 
Proposed Sec.  1926.1412(e)(3)(ii) would establish a minimum three-
month retention period for the monthly inspection documentation.
    These two proposed provisions have several purposes. The Committee 
believed that, on a monthly basis, it is necessary to record the items 
checked and the results of an inspection that for the most part 
parallels a shift inspection. It believed that the documentation of 
this inspection, signed by the person who conducted the inspection and 
retained for three months, would have several effects. First, it would 
increase the likelihood that more employers would implement systems for 
conducting and responding to inspections. The failure to do so would be 
more readily apparent if a record were 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. Second, it 
would create a record that the employer could use to help track 
developing problems so that they could be corrected in time to assure 
continued safe operation of the equipment.
    The Agency notes that the proposed three month retention period 
also reflects a desire of the Committee to have a retention period that 
is consistent with Department of Transportation (``DOT'') truck 
inspection documentation requirements. Also, proposed Sec.  
1926.1412(e)(3) parallels the monthly inspection for wire rope in 
proposed paragraph 1413(b) in terms of timing, level of scrutiny, 
expertise of the inspector, and documentation.
    The SBREFA Panel recommended that OSHA solicit public comment on 
whether the provision for monthly inspections should, like the 
provision 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 requests public 
comment on the issue raised by the Panel's recommendation.

[[Page 59771]]

    The SBREFA Panel also recommended that OSHA restate the corrective 
action provisions from the shift inspection (proposed Sec.  
1926.1412(d)(2) and (3)) in proposed Sec.  1926.1412(e). Under proposed 
Sec.  1926.1412(e)(1), the monthly inspection must be conducted in 
accordance with proposed Sec.  1926.1412(d) on shift inspections, and 
this means that the corrective action provisions in proposed Sec.  
1926.1412(d)(2) and (3) must also be followed in the monthly 
inspections. OSHA requests comment on whether the language in proposed 
Sec.  1926.1412(d)(2) and (3) should be repeated under proposed Sec.  
1926.1412(e).
Paragraph (f) Annual/Comprehensive
    Proposed paragraph (f) would require an annual (i.e., once every 
twelve months), general inspection of the equipment, the third of the 
three regularly scheduled general inspections that would be required by 
this proposed standard. It would promote 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 
proposed shift and monthly inspections.
    Proposed paragraph (f)(1) would require that a qualified person 
inspect the equipment, at least every 12 months, in accordance with 
Sec.  1926.1412(d) (shift inspections). The Committee's intent was to 
have the items specified in the shift inspection examined more 
thoroughly, by a qualified person, on an annual basis. This would 
ensure that deficiencies necessitating a greater degree of scrutiny 
than what would be required in the shift inspection (such as a 
deficiency that is not apparent in a visual inspection but is 
detectable through disassembly), and a greater degree of expertise to 
detect, would be discovered.
    The Committee believed that, in light of this need for greater 
scrutiny, a higher level of expertise is needed of the person 
conducting the inspection than is currently required for the annual 
inspection in 29 CFR part 1926 Subpart N (Subpart N, at Sec.  
1926.550(a)(6), requires that it be conducted by a competent person). 
The Committee's view is similar to that reflected in 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. The Agency 
believes that, to effectuate the purpose of the proposed annual/
comprehensive inspection, a qualified person would be needed to conduct 
this inspection.
    The Agency notes that neither this paragraph nor the subsequent 
paragraphs under proposed Sec.  1926.1412(f) specify the level of 
scrutiny that would be required for the annual/comprehensive 
inspection. As it is the Agency's understanding that it was the 
Committee's belief that this inspection needs to be more thorough than 
a visual inspection for apparent deficiencies, OSHA solicits comments 
from the public as to whether language specifying a higher level of 
scrutiny (for example, ``thorough, including disassembly when 
necessary'') should be added.
    In terms of timing, this proposed annual/comprehensive inspection 
is essentially the same as currently specified in Subpart N, which 
requires an ``annual'' inspection.
    The requirement that the inspection be conducted at least every 12 
months means that an inspection must be conducted on or before the 
anniversary date of the last annual inspection. A situation that may 
arise is where the equipment is not in service on the anniversary date. 
In that situation, since the equipment is not in service, the annual 
inspection would not have to be done at that point. However, the 
equipment could not be put back into service until the annual 
inspection had been done.\33\
---------------------------------------------------------------------------

    \33\ Note that, under proposed Sec.  1926.1412(h), discussed 
below, equipment that has been out of regular service for three 
months or more must receive a monthly inspection before being 
returned to service. However, if the equipment had been out of 
regular service for more than three months but it was due for its 
annual inspection, the annual inspection would have to be done and 
there would therefore be no need to also do the Sec.  1926.1412(h) 
(out of regular service) inspection.
---------------------------------------------------------------------------

    As discussed below, proposed Sec.  1926.1412(f)(4)-(f)(6) contain 
specific proposed responsive actions in the event a deficiency is 
discovered in the annual/comprehensive inspection. C-DAC recommended 
that proposed Sec.  1926.1412(f)(1) state that `` * * * the equipment 
shall be inspected * * * in accordance with paragraph (d) (shift 
inspections).'' Read literally, the C-DAC language would have required 
the employer to comply with the responsive actions specified for the 
shift inspections in proposed Sec.  1926.1412(d). However, the 
specified responsive actions for the proposed shift inspection differ 
from those proposed for the annual/comprehensive inspection. Therefore, 
the Agency modified the C-DAC language for proposed Sec.  
1926.1412(f)(1) to make it clear that the responsive actions that would 
be required if a deficiency were found under Sec.  1926.1412(f)(1) are 
those specified in proposed Sec.  1926.1412(f)(4)-(f)(6). This has been 
done by adding the following language to the C-DAC (f)(1) provision:

    At least every 12 months the equipment shall be inspected by a 
qualified person in accordance with paragraph (d) (shift 
inspections) of this section, except that the corrective action set 
forth in Paragraph (f) Annual/comprehensive, of this section shall 
apply.

    The difference is that while both require that the equipment be 
removed from service if safety hazards are identified, paragraphs 
(f)(4) through (f)(6) also provide that a deficiency that might, but 
has not yet, reached the safety hazard stage must be monitored on a 
monthly basis. (Also, the determinations in Sec.  1926.1412(f)(4) 
through (f)(6) are made by a qualified person, whereas the 
determinations in the shift inspection are made by a competent person.)
    Proposed paragraphs (f)(2)(i) through (xxi) supplement the list of 
inspection items in proposed Sec.  1926.1412(f)(1) that would be 
required to be inspected in the annual/comprehensive 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 believed that each item 
plays an important role in the safe operation of equipment.
    The list in proposed paragraphs (f)(2)(i) through (xxi) differs 
somewhat from those in consensus standards. Among other differences, 
the list in these proposed paragraphs is more user-friendly to the 
employer and qualified person because the item inspected is at the 
beginning of each sentence. Also, some items not in consensus standards 
are included because, as discussed below, in the view of the Committee, 
they also have a significant effect on the safe operation of equipment.
    Proposed paragraph (f)(2)(i) lists ``[e]quipment structure 
(including the boom and, if equipped, the jib),'' including ``(A) 
Structural members: deformed, cracked, or significantly corroded. (B) 
Bolts, rivets and other fasteners: loose, failed or significantly 
corroded. (C) Welds for cracks.'' Differences with similar items listed 
in ANSI B30.5-1968, ASME B30.5-2004 and COE-EM 385-1-1 (3 Nov 03) are 
as follows: ``Welds for cracks'' was added to better ensure that the 
equipment is structurally sound; ``Other fasteners'' was added to 
``bolts and rivets'' (referenced in the ANSI/ASME standards) because 
there are now other types of fasteners which also need to be inspected 
to ensure they are not loose, failed or significantly corroded; and 
``significantly'' was added to describe

[[Page 59772]]

the degree of corrosion on a structural member or fastener needed to 
trigger further examination because some corrosion on those items is 
normal and has no effect on safety.
    Proposed paragraphs (f)(2)(ii) through (iv) list: ``[s]heaves and 
drums for cracks or significant wear;'' ``[p]arts such as pins, 
bearings, shafts, gears, rollers and locking devices for distortion, 
cracks or significant wear;'' and ``[b]rake and clutch system parts, 
linings, pawls and ratchets for excessive wear.'' These items are 
similar to the items currently listed in the Periodic Inspection 
(monthly to twelve month intervals) in ANSI B30.5-1968 and ASME B30.5-
2004. The Committee believed that these items, as reflected in their 
inclusion in current consensus standards, need to be checked in an 
annual inspection to ensure the safe operation of the equipment.
    Proposed paragraph (f)(2)(v) lists ``[s]afety devices and 
operational aids for proper operation (including significant 
inaccuracies).'' The Committee included the term ``significant 
inaccuracies'' in recognition of the fact that such devices normally 
operate within a tolerance range. Corrective action would not be 
required if the inaccuracy is so small as to be irrelevant with regards 
to 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. Consequently, the Committee believed that these 
devices and aids need to be inspected for both proper operation and 
significant inaccuracies.
    This provision is broader than similar provisions in the ANSI and 
ANSI/ASME standards. Specifically, ANSI B30.5-1968 only addresses 
``safety devices for malfunction'' (the Periodic Inspection includes 
the items listed in the Frequent Inspection) while the Periodic 
Inspection for ASME B30.5-2004 only includes operational aids.
    Another significant difference between this paragraph and the ASME 
standard is the follow-up action required subsequent to the discovery 
of a deficiency involving operational aids. Under this paragraph, the 
discovery of such a deficiency that is determined to be a safety hazard 
would require the equipment to be removed from service until the safety 
hazard is corrected. In contrast, under the 2004 ASME standard, 
alternatives to the removal of equipment from service are 
available.\34\
---------------------------------------------------------------------------

    \34\ Section 5-3.2.1.2 of the ASME standard allows the employer 
to follow the recommendations of the manufacturer of the equipment 
or device for continued operation or shutdown of the equipment. The 
same section of the ASME standard also sets forth alternative 
precautions, which may be taken unless the manufacturer specifies 
otherwise, when specific operational aids malfunction.
---------------------------------------------------------------------------

    Proposed Sec.  1926.1416 would permit equipment with operational 
aids that are not functioning properly to continue to be used with 
specified alternative measures in place. Proposed Sec.  1926.1416(d) 
and (e) would set time limits for such use. It is the Agency's 
understanding that the Committee intended that this same approach 
should apply with respect to the follow-up action required when an 
operational aid is found in the annual inspection to be not working 
properly. In other words, the equipment could be returned to service 
but the time limits in proposed Sec.  1926.1416(d) and (e) would apply, 
as would the alternative measures requirements.
    Proposed Sec.  1926.1412(f) does not explicitly describe how the 
follow-up measures in proposed Sec.  1926.1412(f)(4)-(f)(6) would apply 
to operational aids. As explained below in the discussion of proposed 
Sec.  1926.1412(f)(4)-(f)(6), the Agency believes that it would be 
appropriate to add language to clarify that the follow-up action 
required when an operational aid is found in the annual inspection to 
be not working properly is the action specified in proposed Sec.  
1926.1416(d) and (e).
    Proposed paragraph (f)(2)(vi) lists ``[g]asoline, diesel, electric, 
or other power plants for safety-related problems (such as leaking 
exhaust and emergency shut-down feature), conditions and proper 
operation.'' This proposed provision was derived from ANSI B30.5-1968 
and ASME B30.5-2004 and reworded to emphasize and limit its application 
to safety related issues, and to include examples to better communicate 
those concepts. Leaking exhaust was included as an example because it 
could asphyxiate an employee. The emergency shut-down feature was added 
as an example because a failure of this feature could result in an 
employee being struck by a suspended load.
    Proposed paragraphs (f)(2)(vii), (viii) and (ix) list ``[c]hains 
and chain drive sprockets for excessive wear of sprockets and excessive 
chain stretch,'' ``[t]ravel steering, brakes, and locking devices, for 
proper operation,'' and ``[t]ires for damage or excessive wear.'' These 
proposed provisions were derived from ANSI B30.5-1968 and ASME B30.5-
2004. The Committee believed that these items, as their presence in 
these industry standards reflects, play a significant role in the safe 
operation of equipment.
    Proposed paragraph (f)(2)(x) lists ``[h]ydraulic, 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.'' The purpose of 
this proposed paragraph, as noted during C-DAC meetings, is to ``call 
attention to specific parts of these hoses'' and thus prevent the 
failure of mechanisms, such as the brakes, hoist mechanisms and limit 
switches, that are powered or affected by the movement of fluids or air 
through the equipment's system of hoses.
    Neither the general provisions in 29 CFR part 1926 Subpart N nor 
the provisions in ANSI B30.5-1968 that are incorporated by reference in 
Subpart N contain a specific requirement for an inspection of these 
hoses, fittings and tubing. However, several more recent consensus and 
government standards do contain similar items in their annual/Periodic 
inspections. ASME B30.5-2004, COE-EM 385-1-1 (3 Nov 03) and DOE STD 
1090-2004 all contain some form of this item in their Periodic 
inspection provisions.
    The Committee's discussion of this item focused on whether language 
used in ASME B30.5-2004 should be adopted. For example, the meaning of 
the reference in the ASME standard to ``metal and couplings'' as one of 
the points of concern on a hose for leakage was questioned. The 
Committee sought to be clearer by referencing ``fittings'' instead in 
proposed Sec.  1926.1412(f)(2)(x)(A).
    Also, members questioned the appropriateness of the ASME language 
on inspecting for hose leakage that specifies leakage from threaded or 
clamped joints that is not eliminated by ``recommended procedures.'' 
Since the use of such procedures to correct a leak is in the nature of 
a repair, the concept of limiting the inspection item in this manner 
was rejected.
    Proposed paragraphs (f)(2)(xi)-(xiii) list a series of items that, 
like (f)(2)(x), focus on specific parts of hydraulic and pneumatic 
power systems. They would be included for the same reason--to better 
ensure that those parts of the equipment driven by hydraulic and 
pneumatic power do not fail. These provisions address: ``(xi) 
[h]ydraulic and pneumatic pumps and motors, as follows: (A) Performance 
indicators:

[[Page 59773]]

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) ``[h]ydraulic 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)''; and (xiii) 
``[h]ydraulic 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.''
    As with proposed paragraph (f)(2)(x), these items are not 
explicitly mentioned in Subpart N. Neither the Subpart itself nor the 
incorporated ``Periodic'' inspection in ANSI B30.5-1968 specifically 
references these items. However, ASME B30.5-2004, COE-EM 385-1-1 (3 Nov 
03) and DOE STD 1090-2004 each require inspection of these items by 
language with varying degrees of specificity.
    While discussing these items, C-DAC members decided not to include 
the inspection of hydraulic filters that are included in ASME B30.5-
2004 because, as a Committee member who works for a manufacturer noted, 
the condition of these filters is a maintenance rather than a safety 
issue. Other discussion related to several of the items in this list. 
In proposed Sec.  1926.1412(f)(2)(xi)(C), ``pump'' was inserted to 
clarify which joints must be inspected for leaks. Further, 
``significant'' was added to describe the dents subject to inspection 
under proposed Sec.  1926.1412(f)(2)(xiii)(D) because some dents on 
cases do not affect operation.
    The Committee believed that these items, as their presence in these 
government and consensus standards reflects, play a significant role in 
the safe operation of equipment.
    Proposed paragraph (f)(2)(xiv) lists ``[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.
    This item is not included in the annual inspection of Subpart N for 
cranes and derricks, the periodic inspections of ANSI B30.5-1968 or 
ASME B30.5-2004. However, the Periodic (yearly) inspection in COE-EM 
385-1-1 (3 Nov 03) may cover ``outrigger pads/floats'' with its general 
provision regarding ``foundation or supports.'' The Committee similarly 
included this item because it believed that it plays a significant role 
in the safe operation of equipment.
    Paragraph (f)(2)(xv) lists ``slider pads for excessive wear or 
cracks.'' Slider pads (which are used to guide sections of equipment 
such as the boom extension on a hydraulic crane) are included because 
excessive wear may cause the equipment to fail. The Committee was aware 
that some disassembly may be required to inspect slider pads.
    This item is not included in the annual inspection of Subpart N for 
cranes and derricks or the periodic inspections of ANSI B30.5-1968 or 
ASME B30.5-2004. However, the Committee included this item because of 
its role in the safe operation of the equipment.
    Proposed paragraph (f)(2)(xvi) lists ``[e]lectrical components and 
wiring for cracked or split insulation and loose or corroded 
terminations.'' Wires are not listed in the annual/Periodic inspection 
in Subpart N, ANSI B30.5-1968, ASME B30.5--2004 or COE-EM 385-1-1 (3 
Nov 03). The purpose of this proposed provision is to prevent hazards 
related to deficiencies in electrical components and wiring. Since such 
deficiencies may cause a fire or the malfunction of safety related 
systems, the Agency believes that the inclusion of electrical 
components as well as wiring in the inspection list is necessary.
    Proposed paragraph (f)(2)(xvii) lists ``[w]arning labels and decals 
originally supplied with the equipment by the manufacturer or otherwise 
required under this standard: missing or unreadable.'' The annual/
Periodic inspection in COE-EM 385-1-1 (3-NovJan 03) contains a similar 
requirement relative to ``safety and function labels for legibility and 
replacement.'' However, this item is not included in the annual/
Periodic inspections included in Subpart N, ANSI B30.5-1968 or ASME 
B30.5-2004.
    The Committee believed that warning decals that would be required 
under this proposed standard (either by virtue of a specific provision 
in this proposed standard, e.g., paragraph 1407(g), or because they 
were originally supplied by the manufacturer with the equipment, see 
Sec.  1926.1433(e)(5), Posted warnings) provide important safety 
reminders and information. As such, it was of the view that they need 
to be maintained in order for them to continue to alert users to those 
safety concerns. The Agency modified the C-DAC language for proposed 
paragraph (f)(2)(xvii) so that it would cover warning labels and decals 
originally supplied by the manufacturer and thus better reflect the 
Committee's intent as indicated by proposed Sec.  1926.1433(e)(5).
    Proposed paragraphs (f)(2)(xviii-xxi) list: ``Originally equipped 
operator seat: missing;'' ``Operator seat: unusable;'' \35\ 
``Originally equipped steps, ladders, handrails, guards: missing;'' and 
``Steps, ladders, handrails, guards: in unusable/unsafe condition.'' 
These are not included in the annual/periodic inspections of ANSI 
B30.5-1968, ASME B30.5-2004, or COE-EM 385-1-1 (3 Nov 03).
---------------------------------------------------------------------------

    \35\ The original C-DAC language provided: ``Operator seat: 
missing or unusable.'' OSHA modified this language to avoid the 
implication that equipment that did not include an operator seat as 
original equipment would, contrary to C-DAC's intent, nevertheless 
need to have a seat installed.
---------------------------------------------------------------------------

    The Committee believed that these are safety related items that 
need to be inspected. For example, if the operator seat is unusable, 
the likelihood of the operator manipulating a control in an inadvertent 
manner or being unable to reach a control is increased. The other items 
relate to preventing falls and contact with exposed parts that are 
moving or otherwise dangerous. It should be noted that, among others, 
proposed Sec.  1926.1433, Design, construction and testing, and Sec.  
1926.1426, Fall protection, would include requirements related to 
several of these items.
    Proposed paragraph (f)(3) would require functional testing as part 
of the annual/comprehensive inspection. A general functional testing 
requirement is not included in the annual/periodic inspection in COE-EM 
385-1-1 (3 Nov 03), although it does require functional testing for 
certain items, such as ``crane function operating mechanisms,'' and 
``operator aids (safety devices) and indicating devices.'' Similarly, 
the annual/periodic inspection provisions of ANSI B30.5-1968 
(incorporated by reference into Subpart N) and ASME B30.5-2004, imply a 
functional testing requirement with regard to several specific items 
(e.g., in B30.5-1968 and in B30.5-2004), ``[t]ravel steering, braking, 
and locking devices, for malfunction'').
    The purpose of this testing is to ensure that the equipment as 
configured in the inspection is functioning properly. It was the 
Committee's belief that, without functional testing, the inspection may 
not reveal some safety problems.
    The proposed provision reflects the Committee's belief that 
functional testing should be limited to the equipment ``as configured 
in the

[[Page 59774]]

inspection.'' In its view, functional testing in all possible 
configurations, with all possible attachments, is unnecessary and would 
be unduly burdensome. In light of the comprehensive nature of the 
inspection that would result from compliance with the proposed annual/
comprehensive inspection provision, the Agency believes that this 
limitation would not adversely affect safety.
    Proposed paragraphs (f)(4) through (6) delineate the follow-up 
procedures that would 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.
    Specifically, proposed 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.'' Proposed paragraph (f)(5) would require that equipment 
with a deficiency identified as a safety hazard by the qualified person 
be removed from service until the deficiency is corrected. Proposed 
paragraph (f)(6) would require the employer to check in the monthly 
inspections the deficiencies that the qualified person had identified 
as needing monitoring.
    The corrective procedures in proposed paragraphs (f)(4) through 
(f)(6) are similar to those in ANSI B30.5-1968 and ASME B30.5-2004 in 
that the ANSI/ASME provisions also call for equipment operation to 
cease upon discovery of a safety hazard. They differ in that the ANSI/
ASME provisions have no procedures for monitoring deficiencies that are 
not yet safety hazards.
    The Committee believed that this would be an effective means of 
ensuring that employers respond appropriately to deficiencies 
identified in the annual/comprehensive inspection. In addition, the 
Committee's addition of a mechanism for monthly monitoring, where 
needed, of deficiencies that have not yet developed into safety hazards 
would ensure that developing hazards are caught before they endanger 
employees.
    Upon reviewing these proposed provisions, OSHA believes that C-DAC 
inadvertently omitted a reference in the proposed provisions for 
annual/comprehensive inspections to special corrective action 
procedures for operational aids. This issue is explained below.
    Proposed Sec.  1926.1416, Operational aids, sets out requirements 
that would apply where an operational aid is not working properly. 
Specifically, it would allow equipment with an operational aid that is 
not working to continue to be operated for a limited time as long as 
certain temporary protective measures are used.
    In a shift or monthly inspection, as reflected in proposed Sec.  
1926.1412(d)(3), if a deficiency in an operational aid is identified, 
the corrective action described in proposed Sec.  1926.1416 would 
apply. In contrast, in the proposed paragraph on annual/comprehensive 
inspections (Sec.  1926.1412(f)), C-DAC did not include a similar 
reference.
    If the corrective actions described in proposed Sec.  1926.1416 did 
not apply and an operational aid were found to be not working properly 
in an annual/comprehensive inspection, the qualified person would have 
to determine if that constituted a safety hazard. If he or she 
concluded that it was a safety hazard, the equipment would have to be 
removed from service immediately until the aid was repaired. OSHA 
believes that such a result would be contrary to C-DAC's intent, since 
the issue of the extent to which an operational aid needed to be 
repaired was comprehensively dealt with in proposed Sec.  1926.1416.
    In sum, the Agency believes that proposed Sec.  1926.1412(f) should 
be modified to specifically make the corrective actions in proposed 
Sec.  1926.1416 applicable. OSHA requests public comment on this issue.
    The Committee considered whether the monitoring aspect of this 
proposed requirement would unduly add to the employer's paperwork 
burden. The Committee determined that it would not, since all that 
would be involved would be a notation on the employer's monthly 
inspection form to pay special attention to the item and then note its 
condition.
    Proposed paragraph (f)(7), Documentation of annual/comprehensive 
inspection, would require 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.'' Note that proposed Sec.  
1926.1413(c)(4), which pertains to the annual/comprehensive wire rope 
inspection, contains a similar documentation requirement.
    This proposed documentation requirement differs in several respects 
from Subpart N and other current consensus standards. For example, 
Subpart N at 29 CFR 1926.550(a)(6), has an open-ended retention period 
and does not include a signature requirement or a requirement that the 
inspector be named. It also differs from the periodic inspection in 
ASME B30.5-2004 that only calls for ``dated records'' for specific, 
critical items, does not specify that the inspector's name be listed, 
and does not specify a retention period.
    The Committee believed that the proposed provision would promote 
safety by ensuring that the items checked and the inspection results 
are documented and maintained for at least 12 months. This would ensure 
that past deficiencies and potential hazards associated with the 
equipment can be tracked. In the Committee's view this information 
would help the qualified person assess the equipment in the subsequent 
annual/ comprehensive inspection.
    The Committee believed that the documentation of this 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. 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 Committee determined that it would not be necessary for this 
documentation to be available on site. The information in the document 
is not routinely needed at the site to ensure safe operation. Rather, 
it would be sufficient to maintain it in a centralized location (such 
as a corporate office) and made available as necessary.
    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 requests comment 
on this issue.

[[Page 59775]]

Paragraph 1412(g) Severe Service
    Proposed paragraph (g) would require 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 would be 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 proposed Sec.  1926.1412(f)(4)-(f)(6).
    Neither ANSI B30.5-1968 nor ASME B30.5-2004 has a specific 
inspection provision for severe service. Rather, those standards 
reference ``severity of service'' as a factor to be considered when 
determining how frequently to conduct a Periodic Inspection. COE-EM 
385-1-1 (1 Jan 03) references severe service under its periodic 
inspection as a basis for requiring that inspection to be performed 
quarterly as opposed to ``Yearly.''
    The Committee believed that there are certain events and 
circumstances that, because they may cause damage (i.e., structural 
damage or significant wear), should trigger a close inspection to check 
for such damage, rather than waiting for the next annual inspection.
    The Committee considered using ``heavy service'' as a trigger for 
such an inspection. In the course of that discussion, the Committee 
considered triggering the inspection based on specific rated load 
capacities (such as 85 to 100% of the rated load capacity) or on a 
particular number of cycles (such as in excess of 10 lift cycles per 
hour). These were rejected because members believed that, as long as 
the use is within the equipment's rated capacity, such use would not be 
expected to necessitate a special inspection.
    Instead, the Committee agreed that a trigger based on use or 
conditions in which there is a reasonable probability of damage or 
excessive wear would be an effective means of ensuring that equipment 
was not operated with such damage/wear. Examples were provided in the 
proposed provision to add clarity to the concept.
Paragraph 1412(h) Equipment Not in Regular Use
    Proposed paragraph (h) would require that equipment that sits idle 
for three months or more be inspected by a qualified person in 
accordance with the monthly inspection provisions of proposed 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 believed that this inspection would need to be done by a 
qualified 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. For example, equipment that is idle for a period of 
time is often subject to variations in weather (e.g., temperature and 
humidity) that cause contraction and expansion of parts and fluids, 
which can cause damage. In addition, idle equipment is also more likely 
to have corroded pins and corrosion on the boom. Such conditions need 
to be assessed by a qualified person to determine if there is a 
deficiency that constitutes a hazard.
    This proposed requirement differs from the ANSI/ASME standards in 
several respects, most significantly in terms of the time frame that 
triggers the inspection and the type of inspection required. Both ANSI 
B30.5-1968 and ASME B30.5-2004 subject cranes that are idle for one or 
more months, but less than six months, to a frequent inspection, and 
cranes that are idle for six or more months to a periodic inspection. 
It should be noted that under the proposed provision and the ANSI/ASME 
standards, an inspection of wire rope is included. A qualified person 
would conduct this inspection of wire rope (as well as the rest of the 
items included in this inspection of equipment not in regular use).
    The Committee considered the ANSI/ASME approach to inspecting idle 
equipment. It determined that a one month trigger was too short, 
because problems that may arise from the equipment sitting idle, such 
as drying/hardening seals, take longer than that to occur. It believed 
that a three month trigger was more appropriate to use for this 
purpose.
    Paragraph 1412(i). [Reserved.] This paragraph is reserved because 
it is inconvenient for readers to determine whether ``(i)'' is being 
used as a letter or a roman numeral.
Paragraph 1412(j)
    Proposed paragraph (j) would require 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 proposed section must be followed. However, the proposed 
paragraph notes that additional manufacturer documentation requirements 
need not be followed. Examples are provided in the proposed 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'').
    Neither the general provisions of 29 CFR part 1926 Subpart N nor 
ANSI B30.5-1968 contains a similar provision. However, Sec.  
1926.550(c)(5) of Subpart N relative to hammerhead tower cranes and 
Sec.  1926.550(f)(2)(iii) relative to floating cranes and floating 
derricks require that inspections meet the manufacturer's requirements. 
COE-EM 385-1-1-1 (3 Nov 03) states that ``[c]ranes and derricks shall 
be * * * inspected * * * in accordance with the manufacturer's 
operating manual for the crane and the applicable ANSI/ASME codes or 
OSHA requirements, whichever is more stringent.''
    The Committee believed that, to the extent a more comprehensive or 
frequent inspection is specified by the manufacturer, it is necessary 
for that to be done to ensure the safe operation of the equipment. In 
the Committee's view, the expertise of the manufacturer with respect to 
the equipment in this regard needs to be recognized and acted upon.

Summary of Significant Differences From the Current 29 CFR Part 1926 
Subpart N

    This proposed section differs in several respects from Subpart N. 
Unlike Subpart N, the proposed standard does not include an initial 
inspection for new equipment or inspections for standby cranes, nor 
does it include a requirement for preventive maintenance.
    The Committee concluded that manufacturers' quality control and 
inspection practices are generally effective in ensuring that new 
equipment does not have deficiencies that constitute safety hazards. 
The Committee believed that, to the extent those practices do not 
identify and correct all such hazards, the shift inspection would be 
adequate to identify and address them.
    The Committee concluded that a special inspection for ``standby'' 
cranes is not needed since the proposed section includes proposed 
requirements for equipment ``not in regular use'' (see the

[[Page 59776]]

discussion of proposed Sec.  1926.1412(h), above).
    The Committee also concluded that a general requirement for 
preventive maintenance is not needed because the proposed inspection 
requirements are designed to ensure that deficiencies constituting 
safety hazards will be identified quickly and equipment with such a 
safety hazard would be prohibited from being returned to service until 
the hazard is corrected.
    As discussed above, the proposed section would add requirements for 
a post-assembly inspection and a severe service inspection, and varies 
from Subpart N to some extent with respect to some of the items to be 
inspected. In addition, the specific proposed requirements for 
inspecting operational aids and for a qualified person to perform the 
modified equipment and annual inspections would be new requirements. 
Finally, rather than providing for ``daily to monthly'' inspections, 
the proposed standard would require shift inspections and monthly 
inspections.

Section 1413 Wire Rope--Inspection

    Cranes/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 a failure of the equipment and/or a falling load, which can 
kill or injure workers below. 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). 
(OSHA-2007-0066-0011).
    Subpart N, in Sec.  1926.550(a), contains several inspection 
requirements applicable to wire ropes. Other requirements are found in 
ANSI B30.5-1968, which is incorporated by reference in Subpart N 
through Sec.  1926.550(b)(2). In addition, the employer currently must 
look to both Sec.  1926.550 and to the ANSI standard to learn the 
content of the required inspections, the qualifications of the 
inspector, and the requirements for addressing deficiencies found in 
ropes. The Committee believed that placing all of the required 
inspections and remedies in this subpart without reference to outside 
resources would make it easier for employers to find and become 
familiar with the steps they are required to take and so facilitate 
compliance. This is particularly true for small businesses, which bear 
a disproportionate cost when they must access outside resources.
    The proposal would require wire rope inspections at the same 
frequency--shift, monthly, and annually--that would apply for other 
crane components. Also, like inspections of other components, the shift 
and monthly inspections must be conducted by a ``competent person,'' 
and the annual inspection by a ``qualified person.''
Paragraph 1413(a) Shift Inspection
    Proposed paragraph (a) would require a shift inspection, the first 
of the three types of wire rope inspections that would be required 
under this subpart. The timing, degree of scrutiny, and the level of 
expertise required of the person conducting this inspection and the 
other two inspections (monthly and annual) essentially mirror those in 
proposed Sec.  1926.1412, Inspections, for general equipment 
inspections.
Paragraph 1413(a)(1)
    Proposed paragraph (a)(1) describes who conducts the shift 
inspection, the timing of the inspection, and the degree of scrutiny 
required.
    The shift inspection would be conducted by a ``competent person,'' 
a defined term in this subpart.\36\ C-DAC believed that a ``competent 
person'' would be the appropriate person to perform the shift 
inspection. OSHA standards typically assign comparable inspection 
duties to ``competent persons.'' See, for example, Sec.  1926.753(c) 
(competent person must conduct pre-shift visual inspection of cranes 
used in steel erection) and Sec.  1926.451(d)(3)(i) (competent person 
must inspect suspension scaffold before use to ensure it is able to 
support intended load). Moreover, a ``competent person'' would conduct 
other aspects of the shift inspections under this proposed standard. 
Some C-DAC members questioned using a ``competent person'' for shift 
and monthly inspections on the basis that the individual most likely to 
perform such an inspection, the operator, may not have the authority to 
take corrective action, as is required of a ``competent person'' by 
definition. In response, OSHA notes that the employer would be required 
to ensure that the person assigned to perform the shift inspections has 
the requisite authority.
---------------------------------------------------------------------------

    \36\ As discussed below under paragraph 1926.1413(a)(4), Removal 
from service, in certain instances tasks relative to alternative 
measures for certain (Category II) deficiencies would be done by a 
``qualified person,'' also a defined term.
---------------------------------------------------------------------------

    This proposed paragraph also would require that this inspection be 
started before each shift and be completed before or during that shift. 
As with the general shift inspection, the Committee concluded that it 
was appropriate to allow the wire rope inspection to be completed 
during the shift instead of requiring it to be completed before the 
shift begins (see the discussion above of proposed Sec.  
1926.1412(d)(1), which explains the Committee's reasons for allowing 
the general shift inspection to be completed during the shift).
    Accordingly, the competent person would be required to inspect all 
wire rope that is reasonably likely to be used during the shift. In 
cases where some of the rope that is likely to be used is not readily 
visible before the shift begins, as discussed above, that portion may 
be inspected during the shift.
    Proposed Sec.  1926.1413(a)(1) would require the competent person 
to conduct a ``visual inspection * * * for apparent deficiencies.'' 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. 
The Committee 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'' would be required during this inspection. It believed 
that keeping the level of inspection realistic will encourage 
compliance that ultimately will serve to reduce accidents.
Paragraph 1413(a)(2) Apparent Deficiencies
    Proposed Sec.  1926.1413(a)(1) (discussed above) would require the 
competent person to look for ``apparent deficiencies, including those 
listed in paragraph (a)(2).'' Proposed Sec.  1926.1413(a)(2) would 
establish 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. As discussed 
further below, the category determines the options or ``next steps'' 
available to or required of the employer under Sec.  1926.1413(a)(4), 
Removal from service.
    C-DAC's goal in this paragraph is to establish clear and 
appropriate requirements setting out the steps employers must take when 
inspections reveal deficiencies.
    Category I: Proposed Sec.  1926.1413(a)(2)(i) lists ``Category I'' 
apparent deficiencies. These are similar to the types of wire rope 
deterioration noted in the inspection provisions of

[[Page 59777]]

section 5-2.4.1 of ANSI B30.5-1968 and section 5-2.4.2 of ASME B30.5-
2004. As further indicated below in the discussion of Sec.  
1926.1413(a)(4)(i) under Removal from service, these items are grouped 
together because they reflect damage that may or may not be severe 
enough to constitute a hazard. Proposed Sec.  1926.1413(a)(4)(i) sets 
forth the steps the employer would be required to take once a Category 
I apparent deficiency has been identified.
    Proposed Sec.  1926.1413(a)(2)(i)(A) begins the list with the 
``significant distortion'' of wire rope, such as ``kinking, crushing, 
unstranding, birdcaging, signs of core failure or steel core protrusion 
between the strands.'' These apparent deficiencies were selected 
because, as indicated by their inclusion in consensus standards, such 
as section 5-2.4.2 of ASME B30.5-2004, they may constitute or indicate 
the presence of a hazard. The Committee considered whether the 
reference in this paragraph to core failure should be limited to 
rotation resistant rope. However, the Committee decided not to limit 
``signs of core failure'' to rotation resistant rope.
    The word ``significant'' was included in this and other provisions 
in Sec.  1926.1413(a)(2)(i) to make clear that minimal defects of these 
types do not rise to the level of Category I deficiencies. Only those 
that may pose genuine safety concerns are included.
    Proposed Sec.  1926.1413 (a)(2)(i)(B) lists ``significant 
corrosion'' as a Category I apparent deficiency. This type of damage 
was included because severe corrosion can weaken wire rope and cause it 
to break. The Committee used the descriptive term ``significant'' to 
limit further action to situations in which the degree of corrosion 
could realistically suggest a hazard.
    Proposed paragraph (a)(2)(i)(C) lists ``electric arc (from a source 
other than power lines) or heat damage'' as a Category I apparent 
deficiency. These deficiencies were derived from SAE (Society of 
Automotive Engineers) and COE (Army Corps of Engineers) standards and 
are included because such damage can weaken the wire rope. In 
discussing these types of damage, some Committee members expressed 
concern that ``heat damage'' would include instances where the rope had 
been cut to size by flame cutting. However, flame cutting would occur 
at the end of the newly cut rope, not at a load-bearing part of the 
rope. Heat damage is only a concern if it weakens a load-bearing part 
of the rope. Flame cutting done at the end of the rope, not in a load-
bearing part, would not cause a hazard.
    Proposed paragraph (a)(2)(i)(D) lists ``improperly applied end 
connections'' as another apparent deficiency. In the Committee's 
experience, one type of error that occurs is when somebody between 
shifts cuts the cable and puts the end connection back the wrong 
way.\37\ An improper connection is weaker than a proper one and can 
result in the connection failing.
---------------------------------------------------------------------------

    \37\ An example would be when the person installs a U-bolt clip 
with the ``U'' on the live end of the wire rope.
---------------------------------------------------------------------------

    Proposed paragraph (a)(2)(i)(E) lists ``[s]ignificantly corroded, 
cracked, bent, or worn end connections (such as from severe service)'' 
as the last type of Category I apparent deficiency. Each of these may 
constitute a hazard.
    Category II: Proposed paragraph (a)(2)(ii) contains two types of 
Category II apparent deficiencies--visible broken wires (Sec.  
1926.1413(a)(2)(ii)(A)) and wire rope diameter reduction (Sec.  
1926.1413(a)(2)(ii)(B)). In the experience of the Committee, these more 
typically signal the presence of a safety hazard than Category I 
apparent deficiencies. Proposed Sec.  1926.1413(a)(4)(ii), under 
Removal from service, sets forth the steps the employer would be 
required to take once a Category II apparent deficiency has been 
identified.
    Proposed paragraph (a)(2)(ii)(A) lists separate criteria for 
visible broken wires for running wire ropes (six randomly distributed 
broken wires in one rope lay or three broken wires in one strand in one 
rope lay), rotation resistant ropes (two randomly distributed broken 
wires in six rope diameters or four randomly distributed broken wires 
in 30 rope diameters), and pendant 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).
    A ``running wire rope'' is a wire rope that moves over sheaves or 
drums. This definition is included in Sec.  1926.1401 of this proposed 
standard 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 section 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 
section 5-2.4.2 of ANSI B30.5-1968, which is incorporated by reference 
in 29 CFR Part 1926 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 requests 
public comment on this issue.
    The reference in proposed paragraph (a)(2)(ii)(B) to ``a diameter 
reduction of more than 5% from nominal diameter'' reflects a change in 
the manner of expressing essentially the same criteria currently set 
forth in fractions in Subpart N (Sec.  1926.550(a)(7)(iv)) and section 
5-2.4.3(b)(6) of ASME B30.5-2004. OSHA notes that the ``reduction in 
diameter'' fractions set forth currently in Sec.  1926.550(a)(7)(iv) 
are in each case equal to or greater than 5%, so the proposed across 
the board 5% criterion is equally or more protective than the current 
standard for each rope diameter. C-DAC used the percentage reduction 
criterion because it is consistent with the criterion now being set by 
rope manufacturers and used in the industry. The industry uses the 
percentage reduction criterion because it is easier to remember than 
the fractional reductions in Subpart N.
    Category III: Proposed paragraph (a)(2)(iii) lists apparent 
Category III deficiencies. The Committee believed that these are of 
such significance that they require the rope's immediate removal from 
service. For some Category III deficiencies, the undamaged part of the 
rope may be returned to service if the damaged part is severed (the 
actions required in response to identifying these deficiencies are 
discussed below with respect to proposed Sec.  1926.1413(a)(4)(iv)).
    Under proposed paragraph (a)(2)(iii)(A), ``core protrusion or other 
distortion indicating core failure'' in rotation resistant rope would 
be a Category III apparent deficiency. As described by a C-DAC member, 
this visible indicator is present when there is core protrusion between 
the outer strands or, in other words, ``the metal core is coming out.'' 
Core protrusion is a late-stage indicator that the rope has already 
suffered significant damage and, in the Committee's judgment, 
necessitates the rope's immediate removal from service.
    Under proposed paragraph (a)(2)(iii)(B), ``[e]lectrical contact 
with a power line'' would be a Category III apparent deficiency. 
Contact with a power line could cause the rope to carry a high 
electrical current that could result in internal damage that 
significantly reduces the rope's strength. The Committee believed that, 
in view of the difficulty in confirming such internal damage and the 
likelihood that significant damage has occurred in such instances, it 
is imperative that the entire rope be replaced.
    The rope would have to be removed from service under this provision 
if the load, rigging, or the rope itself makes electrical contact with 
a power line. In

[[Page 59778]]

addition, electrical contact under this provision would occur if the 
boom or other part of the crane contacts a power line and the wire rope 
is in contact with the ground through the hook or some other means.
    Proposed paragraph (a)(2)(iii)(C) also lists ``a broken strand'' as 
a Category III apparent deficiency. A strand is a ``group'' of wires. 
In the Committee's view, that degree of damage clearly compromises the 
rope's capacity and continued use would be dangerous.
Paragraph 1413(a)(3) Critical Review Items
    Under proposed paragraph (a)(3), 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).
    Under proposed paragraph (a)(3)(i), rotation resistant wire rope 
that is in use would be a critical review item. As indicated earlier, 
the construction of rotation resistant rope makes it more susceptible 
to damage and more difficult to detect damage to the inner wires and/or 
strands.
    Under proposed paragraph (a)(3)(ii), ``wire rope being used for 
boom hoists and luffing hoists, particularly at reverse bends'' would 
be included in the list because of the critical nature of these ropes 
and, with respect to reverse bends, because these areas are subjected 
to more stress and are more prone to damage.
    Proposed paragraph (a)(3)(iii) lists ``wire rope at flange points, 
crossover points and repetitive pickup points on drums'' because these 
points of the rope are subject to additional wear. These terms are 
defined in Sec.  1926.1401, Definitions, as follows:

    Flange point: A point of contact between rope and drum flange 
where the rope changes layers.
    Crossover points: Locations on a wire rope which is spooled on a 
drum where one layer of rope climbs up 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.
    Repetitive pickup points: 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.

    Proposed paragraph (a)(3)(iv) lists ``wire rope adjacent to end 
connections'' because such rope is prone to corrosion and/or breakage 
due to the localized stresses placed on these areas.
    Proposed paragraph (a)(3)(v) lists ``wire rope at and on equalizer 
sheaves'' because the limited travel of such rope and added stress make 
it more prone to wear.
Paragraph 1413(a)(4) Removal From Service
    Remedial steps upon identification of apparent deficiency: Proposed 
paragraph (a)(4) would set out the required next steps to be taken once 
the competent person performing the inspection has identified an 
apparent deficiency. Those steps depend upon whether, under Sec.  
1926.1413(a)(2), the apparent 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. This approach was adopted by 
C-DAC because, in the Committee's collective experience, different 
types of deficiencies warrant different responses.
    As described below, this approach differs somewhat from Subpart N, 
with its incorporation by reference of ANSI B30.5-1968, as well as ASME 
B30.5-2004. In addition, certain apparent deficiencies addressed in 
this proposed rule are not addressed by those consensus standards.
    Category I remedial steps: Proposed paragraph (a)(4)(i) sets forth 
the follow-up to the discovery of a Category I apparent deficiency that 
would be required. Immediately upon the discovery of such a deficiency, 
the competent person must determine whether the deficiency is a safety 
hazard. If it is determined to be a hazard, operations involving the 
use of the wire rope would be prohibited until one of two responses is 
taken--the rope is replaced or the deficiency, if localized (and not 
due to power line contact), is removed by severing the rope in two so 
that the undamaged portion can be used. The provision also would 
prohibit joining lengths of rope by splicing.
    The Committee found that the likelihood of significant damage from 
power line contact is so great that, after such contact, it is 
imperative that the rope be removed from service. Also, it determined 
that splicing is not a safe practice and should therefore be 
prohibited.
    The Category I deficiencies, except for damage from significant 
corrosion or an electric arc, are currently addressed by Subpart N 
through incorporation by reference of section 5-2.4 of ASME B30.5-1968. 
That ANSI standard requires the deficiencies to be evaluated (by an 
``appointed or authorized person'') and a determination made as to 
whether continued use of the rope would constitute a safety hazard. A 
similar provision is contained in ASME B30.5-2004. These provisions 
imply, but do not explicitly state, that a rope constituting a safety 
hazard must not be used. The proposed standard would explicitly state 
this prohibition.
    Category II remedial steps: Proposed paragraphs (a)(4)(ii) and 
(iii) establish the procedures to be followed once Category II apparent 
deficiencies have been identified. This category of deficiencies 
includes wire rope that has diameter reduction and/or visible broken 
wires as described in proposed Sec.  1926.1413(a)(2)(ii). Proposed 
Sec.  1926.1413(a)(4)(ii) sets forth two alternative options for the 
employer--Option A or B--when such a deficiency is identified.
    Under Option A, an employer must consider the wire rope to be a 
safety hazard where the deficiency meets the wire rope manufacturer's 
established criterion for removal or ``meets a different criterion that 
the wire rope manufacturer has approved in writing for that specific 
wire rope.'' In such instances, operations involving the use of the 
wire rope in question are prohibited until it is replaced or severed as 
provided in Sec.  1926.1413(a)(4)(i)(B).
    Option B would allow limited continued use of the wire rope with an 
identified Category II apparent deficiency provided the employer 
ensures the procedures specified in Sec.  1926.1413(a)(4)(iii) are met. 
Under 1926.1413(a)(4)(iii), a qualified person first assesses the 
deficiencies in light of the load and other conditions of use and 
determines that continued use is safe as long as the conditions 
established in this paragraph are met.
    These conditions include (as established by the qualified person) 
the parameters for use of the rope, including a reduced maximum rated 
load, the number of broken wires and/or the diameter reduction that 
will require the rope to be taken out of service (or repaired in 
accordance with proposed 1926.1413(4)(i)(A) or (B)), and a specific 
time limit, not to exceed 30 days from the date the deficiency was 
first identified, to replace the rope or sever the damaged portion in 
accordance with 1926.1413(a)(4)(i)(B).
    The C-DAC draft, at paragraph (a)(4)(iii)(C), would also have 
allowed the qualified person to specify the number of broken strands 
that would require the equipment to be taken out of service. However, 
as discussed above, under 1926.1413(a)(2)(iii)(C), a single broken 
strand is a Category III apparent deficiency that requires the 
equipment to be immediately removed from service until the rope is 
replaced or the deficiency severed, in which case the undamaged part of 
the rope may continue to be used. Because the proposed rule prohibits 
any use of a

[[Page 59779]]

wire rope with a broken strand, OSHA has deleted the words ``broken 
strands'' from 1926.1413(a)(4)(iii)(C).
    Once the qualified person has established the conditions for 
continued use of the rope, the workers who are to conduct the shift 
inspections must be notified of the qualified person's determinations. 
In addition, the qualified person's procedures and findings must be 
documented. The Committee included this documentation provision because 
the person conducting the shift inspections would need to be able to 
refer to the parameters set by the qualified person.
    29 CFR Part 1926 subpart N, in Sec.  1926.550(a)(7), currently 
requires that ropes with the same deficiencies that would fall under 
the proposed rule's Category II (as well as heat damage, which would be 
a Category I deficiency) be removed from service. Section 2.4.3(a) of 
ASME B30.5-2004 allows the rope to be used to the end of the work shift 
based on the judgment of a qualified person.
    The Committee determined that the alternative measures specified in 
Option B are sufficiently comprehensive and specific to ensure that the 
rope's continued use for up to 30 days would be safe.
    OSHA notes that the remedial steps for Category II apparent 
deficiencies do not, unlike those for Category I and III apparent 
deficiencies, state explicitly that splicing of wire rope is 
prohibited. Instead, Sec.  1926.1413(a)(4)(ii)(A) states that, if a 
Category II apparent deficiency is a safety hazard, continued use of 
the rope is prohibited unless ``the damage is removed in accordance 
with Sec.  1926.1413(4)(i)(B),'' which applies to Category I 
deficiencies. Proposed Sec.  1926.1413(a)(4)(i)(B) includes a 
prohibition against splicing that C-DAC intended to apply to Category 
II deficiencies, but the language ``damage is removed'' in proposed 
Sec.  1926.1413(a)(4)(ii)(A) could, in the absence of an explicit 
prohibition against splicing in that paragraph, arguably be read to 
mean that the rope could be severed and the undamaged portions spliced. 
To make clear C-DAC's intent that the anti-splicing provision of Sec.  
1926.1413(a)(4)(i)(B) applies to Category II, OSHA has modified the C-
DAC language for proposed Sec.  1926.1413(a)(4)(ii)(B) as follows:

    (ii) If a deficiency in Category II is identified, the employer 
shall comply with Option A of this section or Option B of this 
section, as follows:
    (A) Option A. Consider the deficiency to constitute a safety 
hazard where it meets the wire rope manufacturer's established 
criterion for removal from service or meets a different criterion 
that the wire rope manufacturer has approved in writing for that 
specific wire rope. If the deficiency is considered a safety hazard, 
operations involving use of the wire rope in question shall be 
prohibited until the wire rope is replaced, or the damage is removed 
in accordance with all of the requirements and restrictions in 
paragraph (4)(i)(B) of this section.

    OSHA has made similar changes to proposed Sec.  
1926.1413(a)(4)(iii)(C) & (D).
    Category III remedial steps: Proposed paragraph (a)(4)(iv) would 
establish the procedure for dealing with identified apparent 
deficiencies that fall within Category III. These deficiencies include 
a broken strand, electrical contact with a power line, and core 
protrusion or other distortion in rotation resistant rope indicating 
core failure. This proposed paragraph would prohibit operations 
involving the use of the wire rope until either the wire rope is 
replaced or (except where there has been power line contact) severed in 
two, so that the undamaged portion can be used. Joining lengths of wire 
rope by splicing would be prohibited (see discussion above of proposed 
Sec.  1926.1413(a)(4)(i)(B)).
    Neither Subpart N nor ANSI B30.5-1968 addresses these apparent 
deficiencies. However, the Committee noted that section 5-2.4.2(a) of 
ASME B30.5-2000 lists ``broken or cut strands'' and ``core failure in 
rotation resistant ropes'' as deficiencies that may be an immediate 
hazard. (ASME B30.5-2004 contains the same characterization of these 
deficiencies as the 2000 version). The Committee believed that ropes 
with Category III deficiencies must not be used because of the high 
potential for rope failure.
    Proposed paragraph (a)(4)(v) would require that where a wire rope 
is required to be removed from service under this proposed section, the 
equipment (as a whole) or the hoist with that wire rope shall be 
tagged-out as provided in proposed Sec.  1926.1417(f)(1) until the wire 
rope is replaced or repaired. Neither Subpart N, with its incorporated 
reference to ASME B30.5-1968, nor ASME B30.5-2004 contains a similar 
tag-out provision specific to wire rope. The Committee believed that 
this would be an efficient and effective way of preventing employees 
from activating equipment (or the affected hoist) that has a wire rope 
with an identified hazard.
Paragraph 1413(b) Monthly Inspection
    Proposed paragraph (b) would require a monthly inspection of wire 
rope. The monthly inspection would be, as explained below, a documented 
shift inspection. C-DAC decided to keep the timing of this inspection 
(as well as the level of scrutiny required and the expertise required 
of the inspector) parallel with the general inspection requirements in 
Sec.  1926.1412 to provide for an efficient inspection process and thus 
enhance compliance. A monthly wire rope inspection is currently 
required by Subpart N's incorporation by reference of ASME B30.5-1968.
    Proposed paragraphs (b)(1) and (b)(2) would require the monthly 
inspection to be conducted in the same manner as the shift inspection 
under Sec.  1926.1413(a). Thus, the monthly inspection would be a 
visual inspection conducted by a competent person for the same types of 
apparent deficiencies noted in the wire rope shift inspection.
    It should be noted that the reference in proposed Sec.  
1926.1413(b)(2) of the C-DAC Consensus Document to ``paragraph 
1413(a)(3)'' has been corrected in the proposed rule to refer to Sec.  
1926.1413(a)(4), which contains the relevant provisions governing 
corrective actions.
    Proposed paragraph (b)(3) would require the monthly inspection to 
be documented in the same manner as required by paragraph Sec.  
1926.1412(e)(3) for the monthly general inspection. C-DAC wanted to 
keep this requirement parallel with the monthly general inspection 
provision in order to reduce paperwork and confusion, and facilitate 
compliance.
    Specifically, for the general monthly inspection, Sec.  
1926.1412(e)(3) provides that the ``employer that conducts the 
inspection'' must provide documentation that reflects the items checked 
with results, the name and signature of the inspector, and the date. 
Similar requirements are set forth in ASME B30.5-1968.
    Proposed paragraph 1412(e)(3) also specifies that the documentation 
be retained for not less than three-months. The Committee believed that 
the proposed three-month retention period would provide sufficient 
overlap to avoid gaps in information and thus provide a tracking 
mechanism for developing problem areas.
Paragraph 1413(c) Annual/Comprehensive
    Proposed paragraph 1413(c) would require 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 
proposed Sec.  1926.1413(a) and (b). In

[[Page 59780]]

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 
Sec.  1926.1413(a)(2) and (a)(3)). In addition, under proposed Sec.  
1926.1413(c)(2), a complete and thorough inspection, covering the 
surface of the entire length of the wire ropes, would be required. In 
addition to inspecting in this manner for the types of deficiencies 
listed in Sec.  1926.1413(a)(2), under proposed Sec.  
1926.1413(c)(2)(ii)(A), the qualified person would be required to give 
particular attention to the critical review items listed in Sec.  
1926.1413(a)(3). Note that the C-DAC document's Sec.  
1926.1413(c)(2)(ii)(A) referred to the ``critical review items listed 
in paragraph (a)(2)'' instead of Sec.  1926.1413(a)(3). That reference 
to Sec.  1926.1413(a)(2) was a typographical error, which has been 
corrected in the proposed rule.
    Under proposed paragraph (c)(2)(ii)(B), particular attention must 
be given to those sections of wire rope that are normally hidden during 
shift and monthly inspections. For example, such sections would include 
parts of the rope that form the lower wraps on the boom hoist drum and 
which would not be visible unless the drum is in a very low angle 
position. The parts of the rope that are normally inside a cowling or 
covered area would be another example of such sections.
    Similarly, proposed paragraphs (c)(2)(ii)(C) through (F) require 
particular attention to wire rope in contact with saddles, equalizer 
sheaves or other sheaves where rope travel is limited, wire rope 
subject to reverse bends, wire rope passing over sheaves and wire rope 
at or near terminal ends, since these areas are more prone to wear.
    Unlike the shift and monthly inspections, in which booming down 
would not be required, booming down would be necessary in order for the 
inspection to be ``complete and thorough, covering the surface of the 
entire length of the wire rope.''
    OSHA notes that the items listed in 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'') are similar to the critical review items listed for 
shift inspections in proposed Sec.  1926.1413(a)(3)(iv) and 
(a)(3)(v)(``Wire rope adjacent to end connections'' and ``Wire rope at 
and on equalizer sheaves''). Consequently, the Agency is planning to 
revise the language in proposed Sec.  1926.1413(a)(3)(iv) and (a)(3)(v) 
to match the language in Sec.  1926.1413(c)(2)(ii)(C) and 
(c)(2)(ii)(F). OSHA then could delete proposed Sec.  
1926.1413(c)(2)(ii)(C) and (c)(2)(ii)(F) because proposed Sec.  
1926.1413(c)(2)(ii)(A) incorporates by reference the critical review 
items listed in Sec.  1926.1413(a)(3)(iv) and (a)(3)(v), thereby making 
the items listed in proposed paragraphs Sec.  1926.1413(c)(2)(ii)(C) 
and (c)(2)(ii)(F) redundant and unnecessary. The Agency asks the public 
for comments on this proposed action.
    Proposed paragraph (c)(2)(iii) would establish 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.''
    This provision reflects the Committee'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. The Committee considered requiring employers anticipating 
such situations to provide rope that is new or ``like new'' when the 
crane is set-up at the site. Also considered was requiring that an 
annual inspection be required in such instances before the start of the 
job. The Committee found these proposals to be impractical because it 
is difficult for employers to forecast completion timeframes with 
sufficient accuracy.
    The proposed provision is intended to ensure that, under the 
circumstances where the exception would apply, the required inspection 
would occur within an appropriate period. The Committee considered a 
maximum of an additional 6 months appropriate for running ropes in 
these circumstances. A longer period, up to the time of disassembly, 
was considered appropriate for standing ropes because these ropes, in 
the Committee's experience, are less subject to deterioration and wear.
    These provisions of the annual/comprehensive inspection differ in 
various ways from Subpart N annual inspection provisions at Sec.  
1926.550(a)(6). The current annual inspection in Subpart N is a 
``thorough'' inspection conducted by a ``competent person or by a 
government or private agency recognized by the U.S. Department of 
Labor.'' Under this proposal, the annual/comprehensive inspection would 
be conducted by a qualified person and includes a number of specific 
items the inspection must encompass. The Committee believed that these 
changes are needed to reduce the likelihood of injuries and fatalities 
from wire rope failure.
    Proposed paragraph (c)(3) identifies the next steps that would have 
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 Sec.  1926.1413(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 discussed with respect to proposed Sec.  
1926.1413(a)(4)(i)(B), joining lengths of wire rope by splicing would 
be prohibited.
    The proposed standard does not include a prohibition in Sec.  
1926.1413(c)(3)(i)(B) against repair of wire rope that contacted an 
energized power line, although such a prohibition is included in the 
context of a shift inspection in proposed Sec.  1926.1413(a)(4)(i)(B). 
The Agency's understanding is that the Committee decided to not include 
that prohibition in the annual/comprehensive inspection provision 
because, if an energized power line contact had occurred, the rope 
would have been removed from service immediately in accordance with 
proposed Sec.  1926.1413(a)(4)(i)(B).
    If the qualified person determines that the deficiency is not 
currently a safety hazard but needs to be monitored, under proposed 
Sec.  1926.1413(c)(3)(ii) the employer would be required to ensure that 
the deficiency is checked in the monthly inspections. This would ensure 
that, as the deficiency continues to develop, the competent person 
would pay particular attention to it in the monthly inspections. Once 
it became a

[[Page 59781]]

safety hazard, it would be identified promptly and the appropriate 
corrective action would be taken.
    Under proposed paragraph (c)(4), the annual/comprehensive 
inspection would be required to be documented according to proposed 
Sec.  1926.1412(f)(7), which is the documentation provision for the 
annual general inspection. As with other parallel requirements in this 
section, the C-DAC intended to ensure consistency with other 
recordkeeping requirements and thus facilitate compliance.
    Proposed paragraph 1412(f)(7), which is incorporated by reference 
here, would require 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.'' This documentation requirement 
differs from 29 CFR Part 1926 subpart N's annual inspection in that 
Subpart N does not specify the period of time the documentation must be 
kept and has neither a signature requirement nor a requirement that the 
inspector be named. The Committee believed that a 12 month retention 
period would ensure that the employer would be able to refer to the 
last annual/comprehensive inspection to help track the rate of 
progression of a deficiency that has not yet developed into a safety 
hazard. The Committee also believed that it would increase the 
likelihood of compliance with the annual/comprehensive inspection 
requirements.
    Finally, proposed paragraph 1413(d) would prohibit the use of the 
type of rope lubricants that hinder inspection. For example, rope 
lubricants that are opaque or so dark that they mask the wire rope 
inside them would be of this type. This prohibition is necessary to 
ensure that the rope lubricant does not hide potential deficiencies.

Section 1414 Wire Rope--Selection and Installation Criteria

    This proposed section sets forth requirements for selecting and 
installing wire rope. It addresses safety concerns related to wire rope 
selection and installation. In addition, it would provide greater 
flexibility in the selection process than current requirements under 
Subpart N. This flexibility reflects and takes advantage of new 
developments in wire rope technology.
    Currently, paragraph 1926.550(a)(7)(vi) of Subpart N prescribes 
that wire rope safety factors accord with ANSI B30.5-1968 or SAE J959-
1966. By contrast, this proposed section would not refer to external 
standards for wire rope safety factors or other requirements (with a 
single exception discussed below) and would give greater flexibility in 
selecting wire rope, particularly rotation resistant wire rope. 
Specific differences between this proposal and Subpart N are examined 
in the discussion of the paragraph where the difference arises.
    The Agency notes that, in developing the C-DAC consensus document, 
the Committee appears to have made an inadvertent omission. The wire 
rope safety factors in section 5-1.7.1 of ANSI B30.5-1968 (which, as 
noted above, are incorporated by reference in Subpart N) apply 
irrespective of whether the rope is of the standard type (i.e., rope 
that is not rotation-resistant) or rotation resistant. However, the C-
DAC document contains safety factor (now ``design'' factor) 
requirements only for rotation resistant rope \38\; it has no 
provisions on design factors for standard rope.
---------------------------------------------------------------------------

    \38\ As discussed below under proposed paragraph (c), C-DAC drew 
from the current 2004 ASME document in proposing design factors for 
rotation resistant rope.
---------------------------------------------------------------------------

    Currently, under Subpart N's incorporation of section 5-1.7.1 of 
ANSI B30.5-1968, the factors for standard rope vary from a minimum of 
2.5 to 3.5 depending on how the rope is used. The 2004 version of 
section 5-1.7.1 of ASME B30.5 contains similar provisions and the same 
range of design factors.\39\ Given the importance of design factors in 
the selection of wire rope, OSHA believes that the omission of design 
factors for standard rope from the C-DAC document was an oversight. 
OSHA is unaware of any reason to omit design factors for standard rope 
and plans to include factors for standard rope similar to those in 
section 5-1.7.1 of ASME B30.5-2004. OSHA requests public comment on 
this issue.
---------------------------------------------------------------------------

    \39\ The provisions for standard rope in section 5-1.7.1 of 
B30.5-2004 read as follows:
    5-1.7.1 Rope Design Factors
    (a) For supporting rated loads and for supporting the boom and 
working attachments at recommended travel or transit positions and 
boom lengths,
    (1) the design factor for live or running ropes that wind on 
drums or travel over sheaves shall not be less than 3.5.
    (2) the design factor for boom pendants or standing ropes shall 
not be less than 3.0.
    (b) For supporting the boom under recommended boom erection 
conditions,
    (1) the design factor for live or running ropes shall not be 
less than 3.0.
    (2) the design factor for boom pendants or standing ropes shall 
not be less than 2.5.
---------------------------------------------------------------------------

Paragraph 1414(a)
    Proposed paragraph (a) would require the selection of replacement 
wire rope to be in accordance with the requirements of this section and 
the recommendations of the wire rope manufacturer, the equipment 
manufacturer, or a qualified person. Currently, Subpart N (through 
section 5-1.7.2e of ANSI B30.5-1968) limits the employer to using 
replacement rope of the same size, grade and construction as the rope 
originally furnished by the crane manufacturer unless otherwise 
approved by the rope manufacturer. The 2004 version of ASME B30.5, in 
section 5-2.4.3(d), specifies that replacement rope shall have a 
strength rating at least as great as the original rope unless a 
deviation is approved by the equipment manufacturer, the rope 
manufacturer, or a qualified person.
    A number of concerns about the current 29 CFR part 1926 subpart N 
provision were raised during the C-DAC negotiations. Some members were 
concerned about delays in obtaining approval from the equipment 
manufacturer. With respect to older equipment, the manufacturer may no 
longer be in business. In such cases the employer is unable to get 
original equipment wire rope information or obtain approval for use of 
a different specification of rope. Even where the original manufacturer 
was purchased by another company, the current company may no longer 
have the original equipment information. Another concern was that the 
wire rope manufacturer may be unduly conservative in recommending a 
replacement rope.
    The Committee concluded that it would be appropriate to allow a 
qualified person to determine the replacement rope specifications. The 
Committee believed that the criteria for being a qualified person are 
sufficiently rigorous to ensure that such a person's recommendation in 
this regard would be authoritative with respect to safety.
    OSHA notes 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. The Committee clearly 
intended that the remainder of Sec.  1926.1414 apply to both original 
equipment rope and replacement rope. Rewording Sec.  1926.1414(a) to 
read as follows would, OSHA believes, make clear the Committee's 
intent: ``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 requests public comment on 
such a revision.

[[Page 59782]]

Paragraph 1414(b) Boom Hoist Reeving
    Proposed paragraph (b) sets forth two provisions regarding the use 
of wire rope for boom hoist reeving.
    Proposed paragraph (b)(1) would prohibit using fiber core ropes for 
boom hoist reeving, except for derricks. In the Committee's view, the 
composition of such ropes makes them prone to degradation that is not 
completely detectable by normal inspection techniques. The Committee 
believed that fiber core ropes can be used safely for boom hoist 
reeving on derricks because the sheaves on derricks are smaller than on 
cranes, and because they are more pliable, fiber core ropes can 
accommodate reverse bending. In addition, but less significant, derrick 
booms are typically shorter in length and have less capacity.
    Currently, Subpart N does not contain an express prohibition 
against the use of fiber core wire ropes for boom hoist reeving. ANSI 
B30.5-1968, incorporated by reference into Subpart N, only references 
the effect of temperature on fiber core wire rope.
    The 2004 version of ASME B30.5, in section 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