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U.S.

Department of Labor - OSHA


Cranes and Derricks in Construction
Preclearance Supporting Statement

SUPPORTING STATEMENT FOR


THE COLLECTIONS OF INFORMATION FOR
THE STANDARD ON
CRANES AND DERRICKS IN CONSTRUCTION
(29 CFR PART 1926, SUBPART CC) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NUMBER 1218-0261 (February 2020)

This ICR seeks approval to extend the IC with concurrent approval of a non-material
change to incorporate the recent “Cranes and Derricks: Operator Qualification” final rule
ICR analysis into this Information Collection (IC). As noted in the ICR approved under
OMB control number 1218-0270, the agency submits a non-material change request as
part of this extension since the associated collections (those related to 29 CFR
1926.1427) will remain unchanged. Should OMB approve this request, the agency would
then discontinue the ICR approved under OMB control number 1218-0270. The agency
took this procedural approach with separate OMB control numbers because there were
two separate crane-related proposed rulemakings revising Subpart CC pending at the
same time.

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal
or administrative requirements that necessitate the collection. Attach a copy of the appropriate
section of each statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act of 1970 (i.e., “the Act”) is
to “assure so far as possible every working man and woman in the Nation safe and
healthful working conditions and to preserve our human resources” (29 U.S.C. 651). To
achieve this objective, the Act authorizes “the development and promulgation of
occupational safety and health standards” (29 U.S.C. 651).

Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this
subsection shall 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,
relevant symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure.” This provision goes on to state that “[t]he
Secretary, in consultation with the Secretary of Health and Human Services, may by rule
promulgated pursuant to section 553 of title 5, United States Code, make appropriate
modifications in the foregoing requirements relating to the use of labels or other forms of
warning . . . as may be warranted by experience, information, or medical or technological

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The purpose of this Supporting Statement is to analyze and describe the burden hours and costs
associated with provisions of the Standard that contain paperwork requirements. Accordingly, this
Supporting Statement does not provide information or guidance on how to comply with, or how to enforce,
these provisions.

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Preclearance Supporting Statement

developments acquired subsequent to the promulgation of the relevant standard” (29


U.S.C. 655).

With regard to recordkeeping, the Act specifies that “[e]ach employer shall make, keep
and preserve, and make available to the Secretary . . . such records . . . as the Secretary . .
. may prescribe by regulation as necessary or appropriate for the enforcement of this Act .
. . .” (29 U.S.C. 657). The Act states further that “[t]he Secretary . . . shall prescribe such
rules and regulations as [he/she] may deem necessary to carry out [his/her]
responsibilities under this Act, including rules and regulations dealing with the inspection
of an employer’s establishment” (29 U.S.C. 657).

Under the authority granted by the Act, the Occupational Safety and Health
Administration (i.e., “OSHA” or “the Agency”) published at 29 CFR part 1926, subpart
CC, a safety standard for the construction industry that regulates cranes and derricks (i.e.,
“the standard").

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the Agency has made of the information received from the current
collection.

The standard specifies a number of information collection requirements. Employers and


employees use this collection of information to help ensure the safe operation of
equipment covered by the standard. The following sections describe who uses the
information collected under each requirement, as well as how they use it. In addition, the
information collection requirements of the standard specify requirements for developing
and maintaining a number of records and other documents. The following discussion
identifies the sections of the standard that have collections of information, and describes
the content and purpose of these requirements in detail.

The requirements are listed below by section. The specific paragraphs requiring the
collections of information are listed in brackets directly below the title for each section.
The full text of those paragraphs is included, along with additional headings and
paragraphs where necessary for context. The text of the information collection
requirements in the paragraphs are double underlined. The text of other provisions
provided for context is not underlined.

A. Scope (§ 1926.1400)
[§ 1926.1400(c) and (f)]

(c) * * *
§ 1926.1400(c)(4) Digger derricks when used for augering holes for poles carrying
electric or telecommunication lines, placing and removing the poles, and for handling
associated materials for installation on, or removal from, the poles, or when used for any
other work subject to subpart V of this part. To be eligible for this exclusion, digger-
derrick use in work subject to subpart V of this part must comply with all of the
provisions of that subpart, and digger-derrick use in construction work for

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Preclearance Supporting Statement

telecommunication service (as defined at § 1910.268(s)(40)) must comply with all of the
provisions of § 1910.268.

Purpose: For routine installation of poles and related activities, this exception allows
employers in the electric power and telecommunications industries to comply with the
safety standards intended for those industries in lieu of crane standard requirements. The
paperwork burdens that apply to the information collections referenced in this section are
included in the calculations for the applicable sections where the collection of
information is actually required.

[§ 1926.1400(f)]

§ 1926.1400(f) --Where provisions of this standard direct an operator, crewmember, or


other employee to take certain actions, the employer must establish, effectively
communicate to the relevant persons, and enforce, work rules to ensure compliance with
such provisions.

Purpose: The transfer of information specified in this paragraph ensures that work rules
are effectively communicated to those who are responsible for implementing and
complying with those rules. Paragraph 1926.1400(f) does not actually require a separate
collection of information because the collection of information is actually required and
accounted for in the applicable sections of subpart CC. Paragraph 1400(f) merely
identifies the employer as the entity with the ultimate responsibility for ensuring that the
information is communicated, but the Agency is including paragraph 1400(f) in Item 2 to
highlight the importance of this duty. The paperwork burdens that apply to the
information collections referenced in this section are included in the calculations for the
applicable sections where the collection of information is actually required.

B. Ground Conditions (§ 1926.1402)


[§ 1926.1402(c)(2)]

§ 1926.1402(c) -- The controlling entity shall:

* * *

(2) -- Inform the user of the equipment and the operator of the location of hazards
beneath the equipment set-up area (such as voids, tanks, utilities) if those hazards are
identified in documents (such as site drawings, as-built drawings, and soil analyses) that
are in the possession of the controlling entity (whether at the site or off-site) or the
hazards are otherwise known to that controlling entity.

Purpose: This exchange of information ensures that the equipment operator is informed
of hidden hazards beneath the equipment in set-up area so that the operator, and any other

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user of equipment, can avoid the hazards or take precautions to prevent the equipment
from being set up unsafely.

C. Assembly/Disassembly -- Selection of Manufacturer or Employer Procedures


(§ 1926.1403)
[§ 1926.1403(b)]

§ 1926.1403 -- When assembling and disassembling equipment (or attachments), the


employer shall comply with either:

* * *

§ 1926.1403(b) -- Employer procedures for assembly and disassembly. Employer


procedures may be used only where the employer can demonstrate that the procedures
used meet the requirements in § 1926.1406. NOTE: The employer must follow
manufacturer procedures when an employer uses synthetic slings during assembly or
disassembly rigging. (See § 1926.1404(r)).

Purpose: Requiring use of the procedures helps ensure that the employer and its
employees use the correct information for safe assembly/disassembly of the equipment.
OSHA considers this requirement to be a usual and customary practice of the industry.
See, e.g., ANSI B.30.5-2000, section 5-3.1.3(k). However, OSHA also recognizes that
there may be a small number of employers who operate older models of cranes that
would have to meet the requirements as a new work practice. OSHA is taking burden
under Item 12 below for this small number of employers.

D. Assembly/Disassembly (A/D) - General Requirements (applies to all assembly


and disassembly operations) (§ 1926.1404)
[§ 1926.1404(d)(1), (d)(2), (f)(2), (h)(4), (h)(6), (j), (k), and (m)(1)(i)]

§ 1926.1404(d) -- Crew instructions.


(1) Before commencing assembly/disassembly operations, the A/D director must ensure
that the crew members understand all of the following:
(i) Their tasks.
(ii) The hazards associated with their tasks.
(iii) The hazardous positions/locations that they need to avoid.
(2) During assembly/disassembly operations, before a crew member takes on a different
task, or when adding new personnel during the operations, the requirements in paragraphs
(d)(1)(i) through (d)(1)(iii) of this section must be met.

Purpose: These communication requirements prevent struck-by and crushed-by injuries


and fatalities during A/D operations by ensuring that crew members are warned of
hazards associated that are identified prior to the commencement of A/D (paragraph
(d)(1)) or that are identified during the A/D process (paragraph (d)(2)). OSHA considers

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this communication provision to be performance oriented and, therefore, is not taking


burden for the requirement under Item 12 below.

§ 1926.1404(f)(2) -- Exception. Where the employer demonstrates that site constraints


require one or more employees to be under the boom, jib, or other components when pins
(or similar devices) are being removed, the A/D director must implement procedures that
minimize the risk of unintended dangerous movement and minimize the duration and
extent of exposure under the boom. (See Non-mandatory Appendix B of this subpart for
an example.)

Purpose: The requirement prevents struck-by and crushed-by injuries and fatalities when
pins are being removed during A/D operations. The use of these procedures is also an
element in an effective training program as required by § 1926.21(b)(2). However,
OSHA recognizes that there may be a small number of employers for whom developing
an alternative A/D plan and exchanging this information with A/D employees would be
done as a new work practice. OSHA is taking burden under Item 12 below for this small
number of employers.

§ 1926.1404(h)(4) -- Verifying assist crane loads. When using an assist crane, the loads
that will be imposed on the assist crane at each phase of assembly/disassembly must be
verified in accordance with § 1926.1417(o)(3) before assembly/disassembly begins.

Purpose: The verification requirement ensures that the operator of the assist crane
avoids loading the equipment beyond its rated capacity and creating an unsafe condition.
OSHA believes this requirement is a usual and customary work practice in the industry
for several types of cranes, including assist cranes. See, e.g., ASME B30.3 (1996), Sec.
3-3.2.1 and ASME B30.5- 2000, section 5-3.2.1.1(c). Therefore, OSHA is not taking
burden for the requirement under Item 12 below.

§ 1926.1404(h)(6) -- Center of gravity.

(i) The center of gravity of the load must be identified if that is necessary for the method
used for maintaining stability.

(ii) Where there is insufficient information to accurately identify the center of gravity,
measures designed to prevent unintended dangerous movement resulting from an
inaccurate identification of the center of gravity must be used. (See Non-mandatory
Appendix B of this subpart for an example.)

Purpose: This provision is necessary for the equipment operator to make determinations
that would ensure crane stability during operations and, therefore, prevent crane collapse
and unplanned movement of the load. However, OSHA considers acquiring this
information to be a usual and customary rigging practice in the industry and is not taking
burden for the requirement under Item 12 below.

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§ 1926.1404(j) -- Cantilevered boom sections. Manufacturer limitations on the maximum


amount of boom supported only by cantilevering shall not be exceeded. Where these are
unavailable, a registered professional engineer familiar with the type of equipment
involved must determine in writing this limitation, which must not be exceeded.

Purpose: OSHA requires that a registered professional engineer’s calculated limitations


be in writing so that these limits can be readily referenced when the boom is going to be
supported by cantilevering alone. The requirement helps to ensure that the determination
is made in accordance with professional engineering practices.

§ 1926.1404(k) -- Weight of components. The weight of each component must be readily


available.

Purpose: The information requirement is necessary for the operator to accurately


calculate the weight of the loads, and would prevent the equipment from being
overloaded, resulting in possible crane collapse. It also would allow riggers to select
appropriate rigging equipment. OSHA believes that manufacturers already provide this
information for components, and have it readily available during hoisting operations (i.e.,
it is a usual and customary practice of the industry). Therefore, OSHA is not taking
burden for the requirement under Item 12 below.

§ 1926.1404(m) -- Components and configuration.

(1) The selection of components, and configuration of the equipment, that affect the
capacity or safe operation of the equipment must be in accordance with:

(i) Manufacturer instructions, prohibitions, limitations, and specifications. Where these


are unavailable, a registered professional engineer familiar with the type of equipment
involved must approve, in writing, the selection and configuration of components; or

(ii) Approved modifications that meet the requirements of § 1926.1434 (Equipment


modifications).

Purpose: Improper selection or configuration of equipment can result in unplanned


movement or collapse of the equipment. The requirement of an engineer’s written
approval in § 1926.1404(m)(1)(i) ensures that employees engaged in A/D operations can
readily reference it to determine which components to select and how to configure them.
As required by 1926.1404(m)(1)(ii), the selection of components and configurations must
meet the requirements of § 1926.1434, which requires that modifications be approved by
the manufacturer or a registered professional engineer. In each case, the engineer’s
approval helps to ensure that the selections of components are made in accordance with
professional engineering practices. While OSHA is including a paperwork burden in
Item 13 for § 1926.1404(m)(1)(i), the burden for compliance with § 1926.1404(m)(1)(ii)
is included in the Item 13 burdens under § 1926.1434.

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E. Assembly/Disassembly – employer procedures – general requirements (§


1926.1406) [§ 1926.1406(b)]

§ 1926.1406(b) -- Qualified person. Employer procedures must be developed by a


qualified person.

Purpose: Improper assembly or disassembly of equipment can result in unplanned


movement or collapse of the equipment. The requirement ensures that employer-
developed procedures that vary from the manufacturer procedures are adequate to prevent
this hazard. A qualified person’s experience and judgment is necessary because there are
a number of complex factors that must be considered in the development of these
procedures. OSHA believes that it is a usual and customary practice throughout most of
the industry to have a qualified person develop alternative procedures, but there may be a
small number of employers for whom using a qualified person to develop alternative
procedures would be a new work practice. OSHA is taking burden under Item 12 below
for this small number of employers.

F. Power line safety (up to 350 KV) – assembly and disassembly (§ 1926.1407)
[§ 1926.1407(a)(1), (b)(1), (b)(3)(i)(D), (c), (d), (e), (f), and (g)]

§ 1926.1407 -- Power line safety (up to 350 kV) – assembly and disassembly.
(a) Before assembling or disassembling equipment, the employer must determine if any
part of the equipment, load line, or load (including rigging and lifting accessories) could
get, in the direction or area of assembly/disassembly. If so, the employer must meet the
requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(1) Option (1) – Deenergize and ground. Confirm from the utility owner/operator that
the power line has been deenergized and visibly grounded at the worksite.

Purpose: This information is necessary to prevent electrocution from errors in de-


energization or grounding. Because of the time and cost considerations in arranging for
the utility owner/operator to deenergize and ground the line, OSHA expects that this
option will be used very infrequently. However, OSHA is taking burden under Item 12
below for the small number of employers who may elect to proceed under this option.

§ 1926.1407(b) -- Preventing encroachment/electrocution. Where encroachment


precautions are required under Option (2), or Option (3) of this section, all of the
following requirements must be met:

(1) Conduct a planning meeting with the Assembly/Disassembly director (A/D director),
operator, assembly/disassembly crew and the other workers who will be in the
assembly/disassembly area to review the location of the power line(s) and the steps that
will be implemented to prevent encroachment/electrocution.

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Purpose: The information exchange ensures that the operator and other employees who
will be in the vicinity of the crane or load are informed of where the power lines are and
are made aware of the protective methods used to prevent encroachment and
electrocution. OSHA considers this required exchange of information to be a usual and
customary practice in the industry. See, e.g., ASME B30.5-2004, section 5-3.4.5.3(a).

§ 1926.1407(b)(3) -- At least one of the following additional measures must be in place :

(i) Use a dedicated spotter who is in continuous contact with the equipment operator.
The dedicated spotter must:

* * *

(D) Give timely information to the operator so that the required clearance distance can
be maintained.

Purpose: The standard requires that the operator receive the spotter’s information in a
timely manner or the operator may breach the minimum clearance distance, which could
result in injury or electrocution. OSHA considers this requirement to be a usual and
customary practice in the industry because it is specified by ASME standards as an
alternative to deenergizing the power line in. See ASME B30.5-2004, section 5-
3.4.5.3(d) (requirement of qualified signalperson whose “sole responsibility is to verify
that the required clearance is maintained”). Therefore, OSHA is not taking burden for the
requirement under Item 12 below.

§ 1926.1407(c) -- Assembly/disassembly below power lines prohibited. No part of a


crane/derrick, load line, or load (including rigging and lifting accessories), whether
partially or fully assembled, is allowed below a power line unless the employer has
confirmed that the utility owner/operator has deenergized and (at the worksite) visibly
grounded the power line.

Purpose: The required confirmation of de-energization and grounding ensures that


employees will not be exposed to an electrocution hazard from an energized line.

§ 1926.1407(d) -- Assembly/disassembly inside Table A clearance prohibited. No part of


a crane/derrick, load line, or load (including rigging and lifting accessories), whether
partially or fully assembled, is allowed closer than the minimum approach distance under
Table A (see § 1926.1408) to a power line unless the employer has confirmed that the
utility owner/operator has deenergized and (at the worksite) visibly grounded the power
line.

Purpose: The required confirmation of de-energization and grounding ensures that


employees will not be exposed to an electrocution hazard from an energized line.

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§1926.1407(e) -- Voltage information. Where Option (3) of this section is used, the
utility owner/operator of the power lines must provide the requested voltage information
within two working days of the employer’s request.

Purpose: This requirement ensures that the employer proceeding under Option (3)
receives the necessary voltage information in a timely manner to avoid electrocution
hazards.

§ 1926.1407(f) -- Power lines presumed energized. The employer must assume that all
power lines are energized unless the utility owner/operator confirms that the power line
has been and continues to be deenergized and visibly grounded at the worksite.

Purpose: The required confirmation of de-energization and grounding ensures that


employees will not be exposed to an electrocution hazard from an energized line.

§1926.1407(g) -- Posting of electrocution warnings. There must be at least one


electrocution hazard warning conspicuously posted in the cab so that it is in view of the
operator and (except for overhead gantry and tower cranes) at least two on the outside of
the equipment.

Purpose: The requirement ensures that the operator and others who may be in the
vicinity of the equipment are adequately warned of the potential for electrocution if any
part of the machinery or load comes into contact with an energized power line. OSHA
considers this required exchange of information to be a usual and customary practice in
the industry. See, e.g., ASME B30.5-2004, section 5-3.4.5.2(d)(3) and (i).

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


[§ 1926.1408(a)(2)(i), (b)(1), (b)(4)(ii)(D), (c), (d)(1), (e), (g), and Table A]

§ 1926.1408(a) -- Hazard assessments and precautions inside the work zone. Before
beginning equipment operations, the employer must:

* * *

(2) Determine if any part of the equipment, load line or load (including rigging and
lifting accessories), if operated up to the equipment’s maximum working radius in the
work zone, could get closer than 20 feet to a power line. If so, the employer must meet
the requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(i) Option (1) – Deenergize and ground. Confirm from the utility owner/operator that
the power line has been deenergized and visibly grounded at the worksite.

Purpose: This information is necessary to prevent electrocution from errors in de-


energization or grounding. Because of the time and cost considerations in arranging for
the utility owner/operator to deenergize and ground the line, OSHA expects that this

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Preclearance Supporting Statement

option will be used very infrequently. However, OSHA is taking burden under Item 12
below for the small number of employers who may elect to proceed under this option.

§ 1926.1408(b) -- Preventing encroachment/electrocution. Where encroachment


precautions are required under Option (2) or Option (3) of this section, all of the
following requirements must be met:

(1) Conduct a planning meeting with the operator and the other workers who will be in
the area of the equipment or load to review the location of the power line(s), and the steps
that will be implemented to prevent encroachment/electrocution.

Purpose: This information exchange ensures that the operator and other employees who
will be in the vicinity of the crane or load are informed and aware of the protective
methods used to prevent equipment from contacting energized power lines at the
worksite. OSHA considers this required exchange of information to be a usual and
customary practice in the industry, and is not taking any burden for it. See, e.g., ASME
B30.5-2004; section 5-3.4.5.4(a).

§ 1926.1408(b)(4)(ii) -- A dedicated spotter who is in continuous contact with the


operator. Where this measure is selected, the dedicated spotter must:

* * *

(D) -- Give timely information to the operator so that the required clearance distance can
be maintained.

Purpose: The requirement ensures the safe operation of the equipment in the vicinity of
an energized power line. A dedicated spotter must give timely information to the
operator so that the required clearance distance can be effectively maintained. OSHA
considers this requirement to be a usual and customary practice in the industry because it
is specified by ASME as an alternative to deenergizing the power line in. See ASME
B30.5-2004, section 5-3.4.5.3(d) (requirement of qualified signalperson whose “sole
responsibility is to verify that the required clearance is maintained.”) Therefore, OSHA
is not taking burden for the requirement under Item 12 below.

§ 1926.1408(c) -- Voltage information. Where Option (3) of this section is used, the
utility owner/operator of the power lines must provide the requested voltage information
within two working days of the employer’s request.

Purpose: This requirement ensures that the employer proceeding under Option (3)
receives the necessary voltage information in a timely manner to avoid electrocution
hazards.

§ 1926.1408(d) -- Operations below power lines. (1) No part of the equipment, load
line, or load (including rigging and lifting accessories) is allowed below a power line

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Preclearance Supporting Statement

unless the employer has confirmed that the utility owner/operator has deenergized and (at
the worksite) visibly grounded the power line, except where one of the exceptions in
paragraph (d)(2) of this section applies.

Purpose: The required confirmation of de-energization and grounding ensures that


employees will not be exposed to an electrocution hazard from an energized line.

§ 1926.1408(e) -- Power lines presumed energized. The employer must assume that all
power lines are energized unless the utility owner/operator confirms that the power line
has been and continues to be deenergized and visibly grounded at the worksite.

Purpose: The required confirmation of de-energization and grounding ensures that


employees will not be exposed to an electrocution hazard from an energized line.

§ 1926.1408(g) -- Training.

(1) The employer must train each operator and crew member assigned to work with the
equipment on all of the following:

(i) The procedures to be followed in the event of electrical contact with a power line.
Such training must include:

(A) Information regarding the danger of electrocution from the operator simultaneously
touching the equipment and the ground.

(B) The importance to the operator’s safety of remaining inside the cab except where
there is an imminent danger of fire, explosion, or other emergency that necessitates
leaving the cab.

(C) The safest means of evacuating from equipment that may be energized.

(D) The danger of the potentially energized zone around the equipment (step potential).

(E) The need for crew in the area to avoid approaching or touching the equipment and
the load.

(F) Safe clearance distance from power lines.

(ii) Power lines are presumed to be energized unless the utility owner/operator confirms
that the power line has been and continues to be deenergized and visibly grounded at the
worksite.

(iii) Power lines are presumed to be uninsulated unless the utility owner/operator or a
registered engineer who is a qualified person with respect to electrical power
transmission and distribution confirms that a line is insulated.

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(iv) The limitations of an insulating link/device, proximity alarm, and range control (and
similar) device, if used.

(v) The procedures to be followed to properly ground equipment and the limitations of
grounding.

(2) Employees working as dedicated spotters must be trained to enable them to


effectively perform their task, including training on the applicable requirements of this
section.

(3) Training under this section must be administered in accordance with § 1926.1430(g).

Purpose: This provision requires that employees be informed of potential electrocution


hazards and protective methods that the employer will use to prevent equipment from
contacting energized power lines. The requirement that employers provide training to
workers is not considered to be a collection of information. Therefore, OSHA does not
take burden for this activity under Item 12 of this Supporting Statement.

§1926.1408, Table A, minimum clearance distance that must be maintained for over
1,000 (nominal, kV, alternating current) -- as established by the utility owner/operator or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution.

Purpose: The requirement is necessary to ensure that minimum clearance distances for
employees performing work in the vicinity of power lines of over 1000 kV are accurately
determined only by qualified persons, thereby preventing employee electrocutions.

H. Power line safety (0ver 350 kV) (§ 1926.1409)


[All of § 1926.1409]

§ 1926.1409(a) The requirements of §§ 1926.1407 and 1408 apply to power lines over
350 kV, except that wherever the distance “20 feet” is specified, the distance “50 feet”
shall be substituted.

Purpose: This provision serves the same purpose identified above for §§ 1926.1407 and
1408. Therefore, the paperwork burdens for this section will be included in the burdens
calculated for § 1926.1407 and 1408.

§ 1926.1409(b) For power lines over 1000 kV, the minimum clearance distance must be
established by the utility owner/operator or registered professional engineer who is a
qualified person with respect to electrical power transmission and distribution.

Purpose: The Agency believes the calculation of the minimum clearance distance by the
employer is an appropriate substitute for the information from the utility owner/operator

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Preclearance Supporting Statement

only where the calculation is made by a registered professional engineer. This


information is necessary to make further determinations that could affect the safe
operation of the equipment in the vicinity of energized power lines.

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

[§ 1926.1410(c)(1), (d) introductory text, (d)(2)(iv), (e), (f), (j), and (m)]

§1926.1410 -- Equipment operations in which any part of the equipment, load line or load
(including rigging and lifting accessories) is closer than the minimum approach distance
under Table A to an energized power line is prohibited, except where the employer
demonstrates that the following requirements are met:

* * *

§ 1926.1410(c)(1) -- The power line owner/operator or registered professional engineer


who is a qualified person with respect to electrical power transmission and distribution
determines the minimum clearance distance that must be maintained to prevent electrical
contact in light of the on-site conditions. The factors that must be considered in making
this determination include, but are not limited to: conditions affecting atmospheric
conductivity; time necessary to bring the equipment, load line, and load (including
rigging and lifting accessories) to a complete stop; wind conditions; degree of sway in the
power line; lighting conditions, and other conditions affecting the ability to prevent
electrical contact.

Purpose: The Agency believes the methods of protection specified in § 1926.1410 are
appropriate substitutes for the methods specified in § 1926.1408 only when the employer
makes the required infeasibility determination. Therefore, obtaining the specified
information is necessary to make further determinations that could affect the safe
operation of the equipment in the vicinity of energized power lines.

§ 1926.1410(d) -- A planning meeting with the employer and utility owner/operator (or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution) is held to determine the procedures that will be followed to
prevent electrical contact and electrocution. At a minimum these procedures must
include:

* * *

(2) A dedicated spotter who is in continuous contact with the operator. The dedicated
spotter must:

* * *

(iv) -- Give timely information to the operator so that the required clearance distance can
be maintained.

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Purpose: The meeting requirement in § 1926.1410(d) ensures that qualified persons


contribute to planning procedures that address the safe operation of equipment in the
vicinity of energized power lines (e.g., no closer than the minimum approach distances
specified by Table A of this subpart). OSHA noted in the estimates of paperwork burden
accompanying the proposed rule that although pre-shift meetings are usual and customary
practices in the industry, it was not certain whether meetings with the utility
owners/operators are usual and customary. Therefore, OSHA took burden for meetings
with utility owners/operators under Item 12 in the proposal. Upon further review of the
applicable consensus standards, the Agency determines that the involvement of a
representative of the utility owner/operator is usual and customary in the industry. See,
e.g., ASME B30.5-2004 5-3.4.5.3(a). However, the Agency recognizes that the
involvement of a registered professional engineer in the planning meeting is not
specifically addressed in the consensus standard and may not be usual and customary in
the industry, so the Agency is taking burden under Item 13 below to address the
possibility that an employer may elect that option.

The requirement in § 1926.1410(d)(2)(iv) ensures the safe operation of equipment being


operated in the vicinity of an energized power line. A dedicated spotter must give timely
information to the operator so that the required clearance distance can be effectively
maintained. OSHA considers this required exchange of information to be a usual and
customary practice in the industry. See, e.g., ASME B30.5-2004 section 5-3.4.5.3(d).

§ 1926.1410(e) -- The procedures developed to comply with paragraph (d) of this section
are documented and immediately available on-site.

Purpose: The documentation requirement ensures that these procedures are available to
be used as a reference when hoisting operations are conducted.

§ 1926.1410(f) -- The equipment user and utility owner/operator (or registered


professional engineer) meet with the equipment operator and the other workers who will
be in the area of the equipment or load to review the procedures that will be implemented
to prevent breaching the minimum approach distance established in paragraph (c) of this
section and prevent electrocution.

Purpose: The meeting requirement is necessary to helps ensure that the operator and
their employees understand this critical information. OSHA recognizes that although
pre-shift meetings with utility owners/operators are usual and customary practices in the
industry, meetings involving both utility owners/operators and all “other worker who will
be in the area” are not specifically addressed by consensus standards and therefore the
utility representative’s participation may not be usual and customary. Therefore, OSHA
is taking burden for these meetings under Item 12 below. Moreover, the Agency is
taking burden under Item 13 below to address the possibility that an employer may elect
the involvement of a registered professional engineer in the planning meeting.

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§ 1926.1410(j) -- If a problem occurs implementing the procedures being used to comply


with paragraph (d) of this section, or indicating that those procedures are inadequate to
prevent electrocution, the employer must safely stop operations and either develop new
procedures to comply with paragraph (d) of this section or have the utility owner/operator
deenergize and visibly ground or relocate the power line before resuming work.

Purpose: The requirement ensures that the employer communicates any modifications to
safety procedures to employees who must work in the vicinity of operating equipment
and energized power lines. OSHA recognizes that some employers will conduct these
meetings as a new work practice and, therefore, is taking burden for these employers in
Item 12 below.

§ 1926.1410(m) -- The employer must train each operator and crew member assigned to
work with the equipment in accordance with § 1926.1408(g).

Purpose: This provision requires that operators and crew be informed of potential
electrocution hazards and protective methods that the employer will use to prevent
equipment from contacting energized power lines. The requirement that employers
provide training to workers is not considered to be a collection of information. Therefore,
OSHA does not take burden for this activity under Item 12 of this Supporting Statement.

J. Power line safety - while traveling under or near power lines with no load. (§
1926.1411)
[§ 1926.1411(b)(4)(iii) and Table T]

§ 1926.1411(b)(4) -- Dedicated spotter. If any part of the equipment while traveling will
get closer than 20 feet to the power line, the employer must ensure that a dedicated
spotter who is in continuous contact with the driver/operator is used. The dedicated
spotter must:

* * *

(iii) -- Give timely information to the operator so that the required clearance distance can
be maintained.

Purpose: The provision requires that the operator receive the spotter’s information in a
timely manner or the operator may breach the minimum clearance distance, resulting in
injury or electrocution. OSHA considers this requirement to be a usual and customary
practice in the industry as it is specified as an alternative to deenergizing the power line
in ASME B30.5-2004 section 5-3.4.5(a)(4).

§ 1926.1411, Table T, minimum clearance distance that must be maintained for over
1,000 (nominal, kV, alternating current) -- as established by the utility owner/operator or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution)

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Purpose: This information requirement is necessary to ensure that the minimum


clearance distances for employees performing work in the vicinity of power lines of over
1000 kV are accurately determined only by qualified persons.

K. Inspections (§ 1926.1412)
[§ 1926.1412(a)(1)(i), (b)(1)(ii)(A), (c)(2)(i), (d)(2), (e)(3)(i) and (ii), (f)(5), (f)(6), (f)(7),
(g)(3), (h), and (k)]

§ 1926.1412(a)(1) -- Equipment that has had modifications or additions which affect the
safe operation of the equipment (such as modifications or additions involving a safety
device or operational aid, critical part of a control system, power plant, braking system,
load-sustaining structural components, load hook, or in-use operating mechanism) or
capacity must be inspected by a qualified person after such modifications/additions have
been completed, prior to initial use. The inspection must meet all of the following
requirements:

§ 1926.1412(a)(1)(i) -- The inspection must assure that the modifications or additions


have been done in accordance with the approval obtained pursuant to § 1926.1434
(Equipment modifications).

Purpose: The provision ensures that employers prevent unsafe modifications of the
equipment by using the determinations made by a qualified person.

§ 1926.1412(b) -- Repaired/adjusted equipment.

(1) -- Equipment that has had a repair or adjustment that relates to safe operation (such
as: a repair or adjustment to a safety device or operator aid, or to a critical part of a
control system, power plant, braking system, load-sustaining structural components, load
hook, or in-use operating mechanism), must be inspected by a qualified person after such
a repair or adjustment has been completed, prior to initial use. The inspection must meet
all of the following requirements:

* * *

(i) The qualified person must determine if the repair/adjustment meets manufacturer
equipment criteria (where applicable and available).

(ii) Where manufacturer equipment criteria are unavailable or inapplicable, the qualified
person must:

(A) -- Determine if a registered professional engineer (RPE) is needed to develop criteria


for the repair/adjustment. If an RPE is not needed, the employer must ensure that the
criteria are developed by the qualified person. If an RPE is needed, the employer must
ensure that they are developed by an RPE.

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Purpose: The provision ensures that employers prevent unsafe repairs/adjustments of the
equipment by using only the determinations made by a qualified person or, as determined
by the qualified person, an RPE, when inapplicable or unavailable from the manufacturer.

§ 1926.1412(c)(2) -- Where manufacturer equipment criteria are unavailable, a qualified


person shall:

(i) -- Determine if a registered professional engineer (RPE) familiar with the type of
equipment involved is needed to develop criteria for the equipment configuration. If an
RPE is not needed, the employer shall ensure that the criteria are developed by the
qualified person. If an RPE is needed, the employer shall ensure that they are developed
by an RPE.

Purpose: This information requirement ensures that the qualified person or RPE
references appropriate criteria, when unavailable from the manufacturer, to make
determinations regarding the safety of the equipment’s configuration.

§ 1926.1412(d)(2) -- If any deficiency in paragraphs (d)(1)(i) through (xiii) of this section


(or in additional inspection items required to be checked for specific types of equipment
in accordance with other sections of this standard) is identified, an immediate
determination must be made by the competent person as to whether the deficiency
constitutes a safety hazard. If the deficiency is determined to constitute a safety hazard,
the equipment must be taken out of service until it has been corrected. See § 1926.1417.

Purpose: The information exchange requirement in § 1926.1417(f) ensures that


employees can identify unsafe components of the equipment because they are tagged as
out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.

§ 1926.1412(e)(1) -- Each month the equipment is in service it must be inspected in


accordance with paragraph (d) (each shift) of this section.

* * *

§ 1926.1412(e)(3) -- Documentation.

(i) The following information must be documented and maintained by the employer that
conducts the inspection:

(A) The items checked and the results of the inspection.

(B) The name and signature of the person who conducted the inspection and the date.

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ii) This document must be retained for a minimum of three months.

Purpose: The documentation requirement ensures that the employer has a reliable
inspection system in place. In addition, it notifies and/or reminds the individual
conducting monthly inspections to check deficiencies identified in the
annual/comprehensive inspection as needing follow-up monitoring (see paragraph (f)(6)
of this section). Finally, the documentation serves as a reference for tracking changes in
the condition of the equipment from month to month.

The three-month retention requirement in §1926.1412(e)(3)(ii) increases the likelihood


that employers will implement systems for conducting and responding to inspections;
failure to do so would be apparent if a record was not made and retained. Requiring the
signature of the inspector would induce the inspector to ensure that the inspection was
conducted correctly. In addition, this requirement creates a record that the employer will
use to track developing problems so that they can be corrected in time to ensure
continued safe operation of the equipment.

§ 1926.1412(f)(5) -- If the qualified person determines that a deficiency is a safety


hazard, the equipment must be taken out of service until it has been corrected, except
when temporary alternative measures are implemented as specified in § 1926.1416(d) or
§ 1926.1435(e). See § 1926.1417.

Purpose: The information exchange requirement in § 1926.1417(f) ensures that


employees can identify unsafe components of the equipment because they are tagged as
out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.

§ 1926.1412(f)(6) -- If the qualified person determines that, though not presently a safety
hazard, the deficiency needs to be monitored, the employer must ensure that the
deficiency is checked in the monthly inspections.

Purpose: The documentation requirement that is implicated for future monitoring


ensures that employers respond appropriately to deficiencies identified in
annual/comprehensive inspections. The requirement also ensures that a deficiency that is
not yet a safety hazard, but may develop into one, is monitored on a monthly basis so that
developing hazards are communicated to appropriate personnel and corrected before
endangering employees. The burden for the documentation required under this paragraph
is taken under § 1926.1412(k).

§ 1926.1412(f)(7) -- Documentation of annual/comprehensive inspection. The following


information must be documented, maintained, and retained for a minimum of 12 months,
by the employer that conducts the inspection:

(i) The items checked and the results of the inspection.

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(ii) The name and signature of the person who conducted the inspection and the date.

Purpose: The documentation requirement ensures that the employer has a reliable
inspection system in place. Safety is also promoted by ensuring that a record of the items
checked and the inspection results are maintained for at least 12 months so that the
employer can track past deficiencies and potential hazards associated with the equipment.
This information helps the qualified person assess the equipment in subsequent
annual/comprehensive inspections.

§ 1926.1412(g) -- Severe service. Where the severity of use/conditions is such that there
is a reasonable probability of damage or excessive wear (such as loading that may have
exceeded rated capacity, shock loading that may have exceeded rated capacity, prolonged
exposure to a corrosive atmosphere), the employer must stop using the equipment and a
qualified person must:
(1) Inspect the equipment for structural damage to determine if the equipment can
continue to be used safely.

(2) In light of the use/conditions determine whether any items/conditions listed in


paragraph (f) of this section need to be inspected; if so, the qualified person must inspect
those items/conditions.

(3) If a deficiency is found, the employer must follow the requirements in paragraphs
(f)(4) through (6) of this section.

Purpose: The inspection and documentation requirements are necessary to help ensure
that critical items and components of equipment used in severe service are effectively
monitored to prevent failures.

§ 1926.1412(h) -- Equipment not in regular use. Equipment that has been idle for 3
months or more must be inspected by a qualified person in accordance with the
requirements of paragraph (e) (Monthly) of this section before initial use.

Purpose: The inspection, and documentation required by § 1926.1412(e), are necessary


to help identify and facilitate monitoring of problems with equipment that has not been in
regular use. OSHA believes this provision helps protect employees from hazards that
may occur when worn or damaged equipment is used without an effective inspection.

§ 1926.1412(k) -- All documents produced under this section must be available, during
the applicable document retention period, to all persons who conduct inspections under
this section.

Purpose: This documentation requirement ensures that employees who must perform
required inspections have necessary maintenance history information available to them
when determinations must be made regarding the safety of the equipment.

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L. Wire Rope—Inspection (§ 1926.1413)


[§ 1926.1413(a)(4)(i)(A), (a)(4)(ii)(A), (a)(4)(ii)(B), (a)(4)(iii)(A), (a)(4)(iv), (b)(1),
(b)(4), (c)(1), (c)(3)(i)(A), (c)(3)(ii), (c)(4), and (e)]

§ 1926.1413(a) -- Shift inspection.

* * *

(2)(ii) -- Category II. Apparent deficiencies in this category are:

(A) Visible broken wires, as follows:

(1) In running wire ropes: six randomly distributed broken wires in one rope lay or three
broken wires in one strand in one rope lay, where a rope lay is the length along the rope
in which one strand makes a complete revolution around the rope.

(2) In rotation resistant ropes: two randomly distributed broken wires in six rope
diameters or four randomly distributed broken wires in 30 rope diameters.

(3) In pendants or standing wire ropes: more than two broken wires in one rope lay
located in rope beyond end connections and/or more than one broken wire in a rope lay
located at an end connection.

(B) A diameter reduction of more than 5% from nominal diameter.

* * * * *

(4) Removal from service.

(i) If a deficiency in Category I (see paragraph (a)(2)(i) of this section) is identified, an


immediate determination must be made by the competent person as to whether the
deficiency constitutes a safety hazard. If the deficiency is determined to constitute a
safety hazard, operations involving use of the wire rope in question must be prohibited
until:

(A) The wire rope is replaced (see § 1926.1417), or

* * *

(ii) If a deficiency in Category II (see paragraph (a)(2)(ii) of this section) is identified,


operations involving use of the wire rope in question must be prohibited until:

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(A) The employer complies with the wire rope manufacturer’s established criterion for
removal from service or a different criterion that the wire rope manufacturer has
approved in writing for that specific wire rope (see § 1926.1417),

(B) The wire rope is replaced (see § 1926.1417), or

* * *

(iv) Where a wire rope is required to be removed from service under this section, either
the equipment (as a whole) or the hoist with that wire rope must be tagged-out, in
accordance with § 1926.1417(f)(1), until the wire rope is repaired or replaced.

Purpose: This section compliance option is designed to allow the employer to utilize the
manufacturer’s expertise to determine wire rope removal criteria. The documentation
requirement in § 1926.1413(a)(4)(ii)(A) provides a reference for employees who must
make determinations about the safety of damaged wire rope to prevent crushed-by and
struck-by hazards resulting from equipment failure or falling loads. The provisions of §
1926.1413(a)(4)(i)(A), (a)(4)(ii)(B), and (a)(4)(iv), which trigger the information
exchange requirement in § 1926.1417(f), ensures that employees can identify unsafe
components of the equipment because they are tagged as out of service. OSHA considers
this tag-out requirement to be a usual and customary work practice in the industry. See,
e.g., ASME B30.5-2004 5-2.3.2(b). Therefore, OSHA is taking burden for the
documentation requirement in § 1926.1413(a)(4)(ii)(A), but is not taking burden for the
paperwork requirements of the other provisions, in Item 12 below.

Note: Proposed paragraph 1926.1413(a)(4)(v) was re-designated as §


1926.1413(a)(4)(iv) in the final rule. Proposed paragraph 1926.1413(a)(4)(iii)(F) was not
included in the final rule.

§ 1926.1413(b)(1) -- Each month an inspection must be conducted in accordance with


paragraph (a) (shift inspection) of this section.

Purpose: The inspection requirement applies the removal of service and tag-out
requirements of paragraph (a) to the monthly inspections in paragraph (b). Tagging out
equipment that is not functioning properly ensures that employees can identify unsafe
components of the equipment to avoid unsafe operation. OSHA considers this tag-out
requirement to be a usual and customary work practice in the industry. See, e.g., ASME
B30.5-2004 5-2.3.2(b). Therefore, OSHA is taking burden for the documentation
requirement in § 1926.1413(a)(4)(ii)(A), but is not taking burden for the paperwork
requirements of the other provisions, in Item 12 below.

§ 1926.1413(b)(4) -- The inspection must be documented according to § 1926.1412(e)(3)


(monthly inspection documentation).

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Purpose: The documentation requirement serves to notify and/or remind the individual
conducting the monthly wire rope inspection to check deficiencies that were identified in
the annual/comprehensive wire rope inspection as needing follow-up monitoring (see §
1926.1413(c)(3)(ii)). The documentation allows employers to track changes in the
condition of the damaged wire rope from month to month. OSHA concludes that, by
documenting this information with other monthly-inspection information, the employer
facilitates the tracking of wire rope damage.

Note: Proposed 1926.1413(b)(3) was redesignated as 1926.1413(b)(4) in the final rule.

§ 1926.1413(c) -- Annual/comprehensive.

(1) At least every 12 months, wire ropes in use on equipment must be inspected by a
qualified person in accordance with paragraph (a) of this section (shift inspection).

* * *

(3) If a deficiency is identified, an immediate determination must be made by the


qualified person as to whether the deficiency constitutes a safety hazard.

(i) If the deficiency is determined to constitute a safety hazard, operations involving use
of the wire rope in question must be prohibited until:

(A) The wire rope is replaced (see § 1926.1417), or

* * *
(ii) If the qualified person determines that, though not presently a safety hazard, the
deficiency needs to be monitored, the employer must ensure that the deficiency is
checked in the monthly inspections.

* * *

(4) -- The inspection shall be documented according to § 1926.1412(f)(7)


(annual/comprehensive inspection documentation).

Purpose: The inspection requirement in § 1926.1413(c)(1) applies the removal of


service and tag-out requirements of paragraph (a) to the monthly inspections in paragraph
(c). The information collection in § 1926.1413(c)(3)(i)(A) is also a tag-out requirement.
Tagging out equipment that is not functioning properly ensures that employees can
identify unsafe components of the equipment. OSHA considers this tag-out requirement
to be a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004
5-2.3.2(b). Therefore, OSHA is not taking burden for the paperwork requirements of §
1926.1413(c)(1) or (c)(3)(i)(A) in Item 12 below.

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The information exchange requirement in § 1926.1413(c)(3)(ii) ensures that employers


maintain a record of deficiencies identified in the annual/comprehensive inspection as a
reference for employees who must make determinations about wire rope damage. The
documentation can be used on a monthly basis to track developing problems so that they
can be corrected in time to ensure continued safe operation of the equipment. OSHA is
including the burden associated with this documentation requirement as part of the Item
12 calculations for the monthly inspection documentation required by § 1926.1413(b)(4).

The documentation required in § 1926.1413(c)(4) is necessary to ensure that the crane


operator has a reference to confirm that the required annual/comprehensive wire-rope
inspection was completed. The results of this annual inspection are accessible for at least
twelve months to help employers and wire-rope inspectors monitor and prevent potential
equipment failures.

§ 1926.1413(e) -- All documents produced under this section must be available, during
the applicable document retention period, to all persons who conduct inspections under
this section.

Purpose: This documentation requirement ensures that employees who must perform
required inspection have wire rope-maintenance history available to them when
determinations must be made regarding the safety of the equipment.

M. Wire Rope – Selection and installation criteria (§ 1926.1414)


[§ 1926.1414(e)(2)(iii), (e)(3)(i), and (e)(3)(iii)]

Note: The content of § 1926.1414(c)(2)(iii), (c)(3)(i), and (c)(3)(iii) was included


in the final rule as § 1926.1414(e)(2)(iii), (e)(3)(i), and (e)(3)(iii).

§ 1926.1414(e) -- Rotation resistant ropes.

§ 1926.1414(e)(2) -- Requirements.

* * *

(iii) Type I must have an operating design factor of no less than 5, except where the wire
rope manufacturer and the equipment manufacturer approves the design factor, in
writing.

Purpose: The requirement ensures that the technical expertise of manufacturers is


utilized when determinations are made about minimum safety factors for wire rope.
Employers must reference these safety factors to determine if a wire rope can be used
safely under different lift conditions.

§1926.1414(e)(3)(i) -- A qualified person must inspect the rope in accordance with §


1926.1413(a). The rope must be used only if the qualified person determines that there

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are no deficiencies constituting a hazard. In making this determination, more than one
broken wire in any one rope lay must be considered a hazard.

Purpose: The requirement that a qualified person conduct an inspection under paragraph
1413(a), which must be documented pursuant to §1926.1414(e)(3)(iii), ensures that using
a damaged wire rope will not result in a safety hazard.

§1926.1414(e)(3)(iii) -- Each lift made under § 1926.1414(e)(3) must be recorded in the


monthly and annual inspection documents. Such prior uses must be considered by the
qualified person in determining whether to use the rope again.

Purpose: Documenting each lift completed with a damaged wire rope as required by this
provision allows the qualified person to assess deterioration of the wire rope over time
based on how the rope is used. This assessment enables the employer to identify lifts that
may increase the rate of deterioration and, by avoiding these lifts, improve wire-rope
safety.

N. Safety Devices (§ 1926.1415)


[§ 1926.1415(a)(1)(ii), (a)(7)(ii), and (b)]

§1926.1415(a)(1)(ii) -- If a built-in crane level indicator is not working properly, it must


be tagged-out or removed. If a removable crane level indicator is not working properly, it
must be removed.

Purpose: Tagging-out a deficient crane-level indicator is essential to communicate to the


operator that the level is not working, and to prevent the operation of the equipment
under unsafe conditions. If a malfunctioning crane-level indicator is not tagged-out, the
operator may rely on it and set up the equipment in an unsafe manner, causing the
equipment to tip over. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.

§ 1926.1415(a)(7)(ii) -- If a built-in horn is not working properly, it must be tagged-out


or removed. If a removable horn is not working properly, it must be removed.

Purpose: Tagging-out a deficient horn is essential to communicate to the operator that


the horn is not working before the horn is needed to signal employees or warn them of
hazards. OSHA considers this tag-out requirement to be a usual and customary work
practice in the industry because tagging-out malfunctioning construction equipment is
specified by § 1926.20(b)(3). Therefore, OSHA is not taking burden for this paperwork
requirement in Item 12 below.

§ 1926.1415(b) -- Proper operation required. Operations must not begin unless all of the
devices listed in this section are in proper working order. If a device stops working
properly during operations, the operator must safely stop operations. If any of the

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devices listed in this section are not in proper working order, the equipment must be
taken out of service and operations must not resume until the device is again working
properly. See § 1926.1417 (Operation). Alternative measures are not permitted to be
used.

Purpose: The proper operation of the safety devices is crucial for the safe operation of
the equipment. This provision ensures that the equipment will be tagged out of service if
any of these devices are not functioning properly. The information exchange requirement
in § 1926.1417(f) ensures that employees can identify unsafe components of the
equipment because they are tagged as out of service. OSHA considers this tag-out
requirement to be a usual and customary work practice in the industry. See, e.g., ASME
B30.5-2004 5-2.3.2(b). Therefore, OSHA is not taking burden for this paperwork
requirement in Item 12 below.

O. Operational Aids (§ 1926.1416)


[§ 1926.1416(d) introductory text, (e) introductory text, (e)(4)(i), and (e)(4)(ii)]

§ 1926.1416(d) -- Category I operational aids and alternative measures. Operational


aids listed in this paragraph that are not working properly must be repaired no later than 7
calendar days after the deficiency occurs. Exception: If the employer documents that it
has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts.
See § 1926.1417(j) for additional requirements.

Purpose: This provision serves as an administrative control to ensure that employers


order replacements for, and replace in a timely manner, defective operational aids on
equipment that remains in service. OSHA concludes that employers in the industry, as a
usual and customary practice, maintain for accounting purposes purchasing orders and
receipts for parts, and that they will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.

§ 1926.1416(e) -- Category II operational aids and alternative measures. Operational


aids listed in this paragraph that are not working properly must be repaired no later than
30 calendar days after the deficiency occurs. Exception: If the employer documents that
it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days,
the repair must be completed within 7 calendar days of receipt of the parts. See §
1926.1417(j) for additional requirements.

Purpose: This provision serves as an administrative control to ensure that employers


order replacements for, and replace in a timely manner, defective operational aids on
equipment that remains in service. OSHA concludes that employers in the industry, as a
usual and customary practice, maintain for accounting purposes purchasing orders and
receipts for parts, and that they will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.

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§ 1926.1416(e)(4) -- Load weighing and similar devices.

(i) Equipment (other than derricks and articulating cranes) manufactured after March 29,
2003 with a rated capacity over 6,000 pounds must have at least one of the following:
load weighing device, load moment (or rated capacity) indicator, or load moment (or
rated capacity) limiter. Temporary alternative measures: The weight of the load must be
determined from a source recognized by the industry (such as the load’s manufacturer) or
by a calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight). This information must be provided
to the operator prior to the lift.

(ii) Articulating cranes manufactured after February 7, 2012must have at least one of the
following: automatic overload prevention device, load weighing device, load moment (or
rated capacity) indicator, or load moment (rated capacity) limiter. Temporary alternative
measures: The weight of the load must be determined from a source recognized by the
industry (such as the load’s manufacturer) or by a calculation method recognized by the
industry (such as calculating a steel beam from measured dimensions and a known per
foot weight). This information must be provided to the operator prior to the lift.

Purpose: Providing the required information to the operator, prior to the lift, is essential
to the safe handling of the load and operation of the equipment. OSHA is not taking a
paperwork burden for this provision because the Agency considers it to be a usual and
customary practice in the industry. See, e.g, ASME B30.3-2004 section 3-3.2.1(a)(1)-(3)
and (b)(2); ASME B30.4-2003 section 4-3.2.1(a)(1) through (a)(3); ASME B30.5-2004
section 3.2.1.1(a), (b), and (c) and section 3.2.1.2; ASME B30.6-2003, Sec. 3.3.1(b) and
section 3-3.2.1(a) through (b)(2); and ASME B30.8-2004 section 8-3.2.1(a) and (b).

P. Operation (§ 1926.1417)
[§ 1926.1417(b)(1), (b)(2), (b)(3), (c)(1), (e)(1)(iv), (f)(1), (j), and (o)(3)(i)]

§ 1926.1417(b) -- Unavailable operation procedures.

(1) Where the manufacturer procedures are unavailable, the employer must develop and
ensure compliance with all procedures necessary for the safe operation of the equipment
and attachments.

(2) Procedures for the operational controls must be developed by a qualified person.

(3) Procedures related to the capacity of the equipment must be developed and signed by
a registered professional engineer familiar with the equipment.

Purpose: When the manufacturer’s procedures are unavailable, these information


requirements ensure that: the employer develops procedures for equipment operation; a
qualified person (with respect to the equipment involved) develops procedures for

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operational controls, and a RPE develops procedures related to the capacity of the
equipment. Proper procedures are critical to the safe operation of the equipment. The
employer’s procedures will provide an appropriate substitute for the manufacturer’s
procedures only when they are developed by a person with the specified expertise. The
signature requirement induces the developer of the procedures to ensure that the
procedures are developed correctly. The documentation requirements ensure that
modifications/additions to the equipment do not adversely affect safety.

§ 1926.1417(c)(1) -- The procedures applicable to the operation of the equipment,


including rated capacities (load charts), recommended operating speeds, special hazard
warnings, instructions, and operator’s manual, must be readily available in the cab at all
times for use by the operator.

Purpose: To operate the crane safely, the operator needs the required information
immediately available. For example, the equipment’s capacity varies with factors such as
boom length, radius, and boom angle. By providing the operator with information to
make accurate determinations regarding safety, this provision facilitates the operator in
preventing the operation of the crane beyond its capacity and recommended operating
speed. The required information also increases operator awareness of special hazards
related to a specific piece of equipment. OSHA considers the information requirements
to be usual and customary practices in the industry. See, e.g., ANSI B30.5 (2004) Sec 5-
1.1.3 (load charts) and Sec 5-1.1.3 & 5-2.1 (Load Rating Chart and Ops Manual).
Therefore, OSHA is not taking a paperwork burden for the requirement in Item 12 below.

§ 1926.1417(e)(1) -- The operator must not leave the controls while the load is
suspended, except where all of the following are met:

* * *

(iv) -- Barricades or caution lines, and notices, are erected to prevent all employees from
entering the fall zone. No employees, including those listed in §§ 1926.1425(b)(1)
through (3), § 1926.1425(d) or § 1926.1425(e), are permitted in the fall zone.

Purpose: This information-exchange requirement ensures that employees are made


aware (through the use of a barricade or caution lines, and notices) that the area under
which the load will be suspended must be avoided to protect them from the hazard of a
falling load. Although holding a load while equipment is unattended is not explicitly
addressed in subpart N of 29 CFR part 1926, OSHA considers barricading hazardous
areas around the equipment a usual and customary practice in the industry, similar to
barricades required under § 1926.550(a)(9) for pinch points. Also, using barricades
under these specified conditions is allowed as an option under ASME B30.5- 2000
section 5-3.2.1.3 to a provision prohibiting employers from holding the load during a lift.
Accordingly, OSHA is not taking a paperwork burden for this requirement in Item 12
below.

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§ 1926.1417(f)(1) -- Tagging out of service equipment/functions. Where the employer


has taken the equipment out of service, a tag must be placed in the cab stating that the
equipment is out of service and is not to be used. Where the employer has taken a
function(s) out of service, a tag must be placed in a conspicuous position stating that the
function is out of service and is not to be used.

Purpose: This tagging-out requirement is needed to prevent operation of equipment


under unsafe conditions. OSHA is not taking a paperwork burden for this provision
because tagging out malfunctioning equipment is a usual and customary practice in the
industry. See, e.g., ASME B30.5-2004, section 5-2.3.2(b).

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§ 1926.1417(j) -- If adjustments or repairs are necessary:

(1) The operator must, in writing, promptly inform the person designated by the
employer to receive such information and, where there are successive shifts, to the next
operator; and

(2) The employer must notify all affected employees, at the beginning of each shift, of
the necessary adjustments or repairs and all alternative measures.

Purpose: This documentation requirement provides a record for the operators on the
next shift, and individuals designated to receive the information, to reference regarding
the need for repairs/adjustments of the equipment. This requirement helps the employer
schedule necessary servicing of the equipment, thereby preventing accidents caused by
equipment malfunctions. OSHA considers the information-exchange requirement to be a
usual and customary practice in the industry. See, e.g., ASME B30.5-2000, section 5-
3.1.3(i). However, OSHA recognizes that there may be employers will, as a new work
practice, have this information documented and inform affected employees of necessary
adjustments or repairs and all alternative measures. OSHA is taking burden under Item
12 below for this small number of employers

§ 1926.1417(o)(3) Load weight. The operator must verify that the load is within the
rated capacity of the equipment by at least one of the following methods:

* * *

(i) -- The weight of the load must be determined from a source recognized by the industry
(such as the load’s manufacturer), or by a calculation method recognized by the industry
(such as calculating a steel beam from measured dimensions and a known per foot
weight), or by other equally reliable means. In addition, when requested by the operator,
this information must be provided to the operator prior to the lift; or

Purpose: Requiring the operator to determine this information is essential to the safe
handling of the load and operation of the equipment. However, OSHA is not taking a
paperwork burden for this provision because the Agency considers it to be a usual and
customary practice in the industry. See, e.g., ASME B30.5- 2000, section 5-3.2.1.1(c).

Q. Signals, Voice – additional requirements (§ 1926.1421)


[§ 1926.1419(c)(2) and (j)]

§ 1926.1419(c)(2) -- Non-standard hand signals. When using non-standard hand signals,


the signal person, operator, and lift director (where there is one) must contact each other
prior to the operation and agree on the non-standard hand signals that will be used.

Purpose: This requirement ensures that all persons use the same non-standard hand
signals to avoid miscommunication that could result in unsafe operation of equipment.

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OSHA notes that the nature of non-standard signals necessitates some planning and
agreement, and the Agency believes it is a usual and customary practice in the industry to
make such determinations prior to the use of non-standard hand signals. Therefore,
OSHA is not taking any paperwork burden for this information exchange in Item 12
below.

§ 1926.1419(j) -- Anyone who becomes aware of a safety problem must alert the operator
or signal person by giving the stop or emergency stop signal. (NOTE: § 1926.1417(y)
requires the operator to obey a stop or emergency stop signal).

Purpose: This provision ensures that workers will alert the operator to unsafe operations
so that the operator can cease operation and avoid the hazard. The Agency believes this
is a usual and customary safety practice in the industry, and therefore is not taking any
paperwork burden under Item 12 below.

R. Signals – voice signals – additional requirements (1926.1421)


[§ 1926.1421(a)]

§ 1926.1421(a) -- Prior to beginning operations, the operator, signal person and lift
director (if there is one), must contact each other and agree on the voice signals that will
be used. Once the voice signals are agreed upon, these workers need not meet again to
discuss voice signals unless another worker is added or substituted, there is confusion
about the voice signals, or a voice signal is to be changed.

Purpose: The required pre-lift communication to discuss voice signals ensures that the
individuals necessary for the lift understand the voice signals and avoid
miscommunications. Any miscommunication related to the use of voice signals could
lead to unsafe operation of the equipment. OSHA considers this information-exchange
requirement to be a usual and customary practice in the industry as indicated by a similar
requirement in ASME B30.5-2004 5-3.3.5. Therefore, OSHA is not taking a paperwork
burden for this requirement.

S. Signals – Hand Signal Chart (§ 1926.1422)


[Entire § 1926.1422]

§ 1926.1422 -- Hand signal charts must be either posted on the equipment or


conspicuously posted in the vicinity of the hoisting operations.

Purpose: This exchange-of-information requirement enables employees to refer to an


established reference for hand signals when a question arises about what hand signal is
appropriate or when they are unsure of what a hand signal means. Therefore, the signal
chart aides the employer in preventing hand-signal-related miscommunications and the
resulting unsafe conditions that may occur during equipment operations. OSHA is not
taking a paperwork burden for this requirement because it considers it to be a usual and

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customary practice in the industry as indicated by a similar requirement in section 5-3.3.2


of ASME B30.5-2004.

T. Fall Protection (§ 1926.1423)


[§ 1926.1423(j)(2) and (k)]

§ 1926.1423(j) -- Anchoring to the load line. A personal fall arrest system is permitted to
be anchored to the crane/derrick’s hook (or other part of the load line) where all of the
following requirements are met:

(1) A qualified person has determined that the set-up and rated capacity of the
crane/derrick (including the hook, load line and rigging) meets or exceeds the
requirements in § 1926.502(d)(15).

(2) The equipment operator shall be at the work site and informed that the equipment is
being used for this purpose.

Purpose: When a fall-arrest system is anchored to the load line, the information-
exchange requirement in § 1926.1423(j)(2) ensures that the operator is aware that an
employee will be connected to the load line of the equipment and that the operator will be
available to make any adjustments necessary for safety, such as moving the boom or load
line to appropriately position the anchorage point.
Note: Proposed § 1926.1423(h)(2) was re-designated as § 1926.1423(j)(2) in the
final rule. The determination in § 1926.1423(j)(2) does not constitute a collection of
information because the person making the determination is not required to do so in
writing or otherwise share information about that determination.

§ 1926.1423(k) -- Training. The employer must train each employee who may be
exposed to fall hazards while on, or hoisted by, equipment covered by this subpart on all
of the following:

(1) the requirements in this subpart that address fall protection.

(2) the applicable requirements in §§ 1926.500 and 1926.502.

Purpose: This training is essential to avoid fall injuries by ensuring that workers are
instructed in the proper use of the fall protection system. The requirement that employers
provide training to workers is not considered to be a collection of information. Therefore,
OSHA does not take burden for this activity under Item 12 of this Supporting Statement.

U. Work Area Control (§ 1926.1424)


[§ 1926.1424(a)(2)(i), (a)(2)(ii), and (a)(3)]

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§ 1926.1424(a)(2)(i) -- Train each employee assigned to work on or near the equipment


(“authorized personnel”) in how to recognize struck-by and pinch/crush hazard areas
posed by the rotating superstructure.

Purpose: This exchange of information ensures that employees are made aware that they
must avoid these hazardous areas. The requirement that employers provide training to
workers is not considered to be a collection of information. Therefore, OSHA does not
take burden for this activity under Item 12 of this Supporting Statement.

§ 1926.1424(a)(2)(ii) -- Erect and maintain control lines, warning lines, railings or similar
barriers to mark the boundaries of the hazard areas. Exception: When the employer can
demonstrate that it is neither feasible to erect such barriers on the ground nor on the
equipment, the hazard areas must be clearly marked by a combination of warning signs
(such as “Danger – Swing/Crush Zone”) and high visibility markings on the equipment
that identify the hazard areas. In addition, the employer must train each employee to
understand what these markings signify.

Purpose: Although OSHA considers barricading hazardous areas around the equipment
a usual and customary practice in the industry, posting the required signs is not. The
posting requirement notifies employers in the vicinity of the equipment about the
hazardous swing radius areas they must recognize and avoid. Accordingly, OSHA is not
taking a paperwork burden for the barricading requirement, but is taking a burden for the
sign-posting requirement.

§ 1926.1424(a)(3) -- Protecting employees in the hazard area.


(i) Before an employee goes to a location in the hazard area that is out of view of the
operator, the employee (or someone instructed by the employee) must ensure that the
operator is informed that he/she is going to that location.

(ii) Where the operator knows that an employee went to a location covered by paragraph
(a)(1) of this section, the operator must not rotate the superstructure until the operator is
informed in accordance with a pre-arranged system of communication that the employee
is in a safe position.

Purpose: These requirements prevent stuck-by and crushed-by injuries from equipment
operation when workers are out of the view of the operator. OSHA expects that this
communication is likely to be only a few words and may be usual and customary for most
worksites, but is taking a burden for the requirements under Item 12 below to avoid any
potential underinclusion.

V. Operator Qualification and Certification (§ 1926.1427)


[§§ 1926.1427(a) (introductory text), (b)(4)(iii), (b)(4)(iv)(B), (c)(1), (c)(2), (c)(5), (d)(2),
(d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5)(ii), (e)(5)(iii), (e)(5)(iv), (e)(6)(ii), (f)(6),
(h)(1)(i), (h)(1)(ii), and (h)(2)]

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§ 1926.1427(a) -- The employer must ensure that each operator is trained,


certified/licensed, and evaluated in accordance with this section before operating any
equipment covered under subpart CC, except for the equipment listed in paragraph (a)(2).

Purpose: Compliance with these requirements ensures that the equipment will be
operated only by qualified persons, thereby reducing the likelihood of injuries from
improperly operated equipment.

The administration of the certification examination and the evaluation are not information
collection requirements pursuant to 5 CFR 1320.3(h)(7) (General exemption from the
definition of “information” for “examinations designed to test the aptitude, abilities, or
knowledge of the persons tested and the collection of information for identification or
classification in connection with such examinations.”) Therefore, OSHA does not
include any burden for these activities (e.g., operator labor and travel time, testing costs)
in this Supporting Statement.

Furthermore, the requirement that employers provide training to workers is not


considered to be an information collection requirement. Therefore, OSHA does not take
burden for this activity in this Supporting Statement.

(OSHA includes this introductory language in the ICR because the ICR assumes that the
certification determination will be documented, and requires the evaluation to be
documented. Those costs are addressed below under Item 12 of this Supporting
Statement.)

§ 1926.1427(b)(4)(i) -- Trainer. While operating the equipment, the operator-in-training


must be continuously monitored by an individual (“operator’s trainer”) who meets all of
the following requirements:

* * *

(iii) For equipment other than tower cranes: The operator’s trainer and the operator-in-
training must be in direct line of sight of each other. In addition, they must communicate
verbally or by hand signals. For tower cranes: The operator’s trainer and the operator-in-
training must be in direct communication with each other.

Purpose: This provision requires an operator-in-training operating equipment other than


a tower crane and the trainer to be in each other’s direct line of sight. It also requires that
they communicate verbally or by hand signals. For tower cranes, the operator-in-training
and the operator must be in direct communication with each other. It is important to have
clear communication protocols to ensure that the trainer can properly guide the operator-
in-training for safe operation of the equipment. OSHA considers this provision to be an
information collection requirement, but considers this a usual and customary work
practice for the industry. Therefore, OSHA is not taking burden for this paperwork
requirement in this Supporting Statement.

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§ 1926.1427(b)(4)(iv) -- Continuous monitoring while operating the equipment. The


operator-in-training must be monitored by the operator’s trainer at all times, except for
short breaks where all of the following are met:

* * *

(B) Immediately prior to the break the operator’s trainer informs the operator-in-training
of the specific tasks that the operator-in-training is to perform and limitations to which
he/she must adhere during the operator trainer’s break.

Purpose: This provision ensures that operators-in-training will not operate the crane to
perform tasks beyond that trainee’s level of skill while the trainer is on break. This
restriction reduces the likelihood of injury resulting from the operation of the crane by the
trainee. The requirement that employers provide training to workers is not considered to
be an information collection requirement. Therefore, OSHA does not take burden for this
activity in this Supporting Statement.

§ 1926.1427(c) -- Operator certification and licensing.

(c) Operator certification and licensing. The employer must ensure that each operator is
certified or licensed to operate the equipment as follows:

(1) Licensing. When a state or local government issues operator licenses for equipment
covered under subpart CC, the equipment operator must be licensed by that government
entity for operation of equipment within that entity's jurisdiction if that government
licensing program meets the following requirements:

* * *
Purpose: The documentation requirements for government licensing and auditing are
used by employers as an administrative control for ensuring that equipment operators
meet the government licensing criteria.

The Agency is not taking any separate burden for § 1926.1427(c)(1) in this Supporting
Statement. The administration of the certification or licensing examination is not itself an
information collection requirement pursuant to 5 CFR 1320.3(h)(7).

OSHA believes that, as a practical matter, most employers will choose to maintain file
copies of each operator’s license as a matter of administrative expediency. Therefore,
OSHA assumes that a copy of this license would be retained and maintained by the
employer. Paragraph (c)(1)(v) of this section requires that a license is valid for the period
of time stipulated by the licensing department/office, but no longer than 5 years.

The burden for this retention and maintenance is taken in Item 12 of the Supporting
Statement with § 1926.1427(a).

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(v) For the purposes of compliance with this section, a license is valid for the period of
time stipulated by the licensing department/office, but no longer than 5 years.

Purpose: The purpose of this requirement is to periodically test the abilities of operators
to ensure they retain the basic knowledge and skill required to operate a crane.

The five year validity period is an assumption included in the burden for the retention
and maintenance of the license/certification taken in Item 12 of the Supporting Statement
with § 1926.1427(a).

(c)(2) Certification. When an operator is not required to be licensed under paragraph


(c)(1), the operator must be certified in accordance with paragraph (d) or (e) of this
section.

Purpose: Where construction occurs in a state or local jurisdiction that does not require
licensing of equipment operators, or the construction occurs in a state or local jurisdiction
where the licensing program does not meet the “federal floor” of requirements
established in this standard, the operator would have to be certified in accordance with
paragraph (d) (third-party certification) or (e) (audited employer program) of this section.

The Agency is not taking any separate burden for § 1926.1427(c)(2) in this Supporting
Statement. The administration of the certification or licensing examination is not itself an
information collection requirement pursuant to 5 CFR 1320.3(h)(7).

However, OSHA assumes that this determination will be documented, which does result
in a collection of information. The burden for this retention and maintenance is taken in
Item 12 of the Supporting Statement with § 1926.1427(a).

§1926.1427(d) -- Certification by an accredited crane operator testing organization.

(1) For a certification to satisfy the requirements of this section, the crane operator testing
organization providing the certification must:

(i) Be accredited by a nationally recognized accrediting agency based on that agency's


determination that industry-recognized criteria for written testing materials, practical
examinations, test administration, grading, facilities/equipment and personnel have been
met.

(ii) Administer written and practical tests that:

(A) Assess the operator applicant regarding, at a minimum, the knowledge and skills
listed in paragraphs (j)(1) and (2) of this section.

(B) Provide certification based on equipment type, or type and capacity.

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(iii) Have procedures for operators to re-apply and be re-tested in the event an operator
applicant fails a test or is decertified.

(iv) Have testing procedures for re-certification designed to ensure that the operator
continues to meet the technical knowledge and skills requirements in paragraphs (j)(1)
and (2) of this section.

(v) Have its accreditation reviewed by the nationally recognized accrediting agency at
least every three years.

(2) If no accredited testing agency offers certification examinations for a particular type
of equipment, an operator will be deemed certified for that equipment if the operator has
been certified for the type that is most similar to that equipment and for which a
certification examination is available. The operator’s certificate must state the type of
equipment for which the operator is certified.

(3) A certification issued under this option is portable among employers who are required
to have operators certified under this option.

(4) A certification issued under this paragraph is valid for 5 years.

Purpose: While the administration of the certification examination (described in (d)(1)


and (d)(2) and its subparagraphs) is not itself a collection of information pursuant to 5
CFR 1320.3(h)(7), OSHA assumes that the results will be documented and the employer
will maintain that documentation. The Agency views operator certification validated by
an independent entity as a critical step in ensuring that operators are qualified to operate
cranes safely, thereby reducing the likelihood of injuries from improperly operated
equipment. The requirements in § 1926.1427(d)(1)(i) and (d)(1)(ii) and its subparagraphs
ensure that the tests meet nationally-recognized test administration standards. OSHA
uses certification by “type, or type and capacity” language in paragraph (d)(1)(ii)(B) to
make it clear that the agency will accept certifications that only list the type of crane for
which the operator was certified, and will also accept certifications that specify both a
type and capacity.

The requirement in § 1926.1427(d)(2) regarding the wording of the certificate will


facilitate employers’ compliance with the requirements of § 1926.1427. By referring to
the operator’s certificate, the employer will be able to ensure that operators are only
permitted to operate the type of cranes on which they have demonstrated basic
competence.

The requirement in § 1926.1427(d)(3) is portable because the testing organization is fully


independent of all employers who may employ a crane operator and there is no reason to
limit the certification to a particular employer.

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The requirement in § 1926.1427(d)(4) for recertification establishes a standardized,


baseline knowledge of equipment operation for operators and indicates to an employer
that a certified operator has at least a certain knowledge of how to operate a crane.
Recertification also ensures continuing education for certified operators so they are aware
of any regulatory changes that impact their work. The Agency believes there are some
employers that would find it difficult to make sure their operators are up to date on
changes to equipment and updates to regulations that affect their operation unless they
had the ability to have their operators recertified.

All paperwork burdens for these provisions are taken in Item 12 with § 1926.1427(a), so
the Agency is not taking any separate burden for § 1926.1427(d).

§ 1926.1427(e) -- Audited employer program. The employer's certification of its


employee must meet the following requirements:

(1) The written and practical tests must be either:

(i) Developed by an accredited crane operator testing organization (see paragraph (d) of
this section); or

(ii) Approved by an auditor in accordance with the following requirements:

(A) The auditor is certified to evaluate such tests by an accredited crane operator testing
organization (see paragraph (d) of this section).

(B) The auditor is not an employee of the employer.

(C) The approval must be based on the auditor's determination that the written and
practical tests meet nationally recognized test development criteria and are valid and
reliable in assessing the operator applicants regarding, at a minimum, the knowledge and
skills listed in paragraphs (j)(1) and (2) of this section.

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

(2) Administration of tests.

(i) The written and practical tests must be administered under circumstances approved by
the auditor as meeting nationally recognized test administration standards.

(ii) The auditor must be certified to evaluate the administration of the written and
practical tests by an accredited crane operator testing organization (see paragraph (d) of
this section).

(iii) The auditor must not be an employee of the employer.

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(iv) The audit must be conducted in accordance with nationally recognized auditing
standards.

(3) The employer program must be audited within 3 months of the beginning of the
program and at least every 3 years thereafter.

(4) The employer program must have testing procedures for re-qualification designed to
ensure that the operator continues to meet the technical knowledge and skills
requirements in paragraphs (j)(1) and (2) of this section. The re-qualification procedures
must be audited in accordance with paragraphs (e)(1) and (2) of this section.

(5) Deficiencies. If the auditor determines that there is a significant deficiency


(“deficiency”) in the program, the employer must ensure that:

* * *

(ii) The program is audited again within 180 days of the confirmation that the deficiency
was corrected.

(iii) The auditor files a documented report of the deficiency to the appropriate Regional
Office of the Occupational Safety and Health Administration within 15 days of the
auditor's determination that there is a deficiency.

(iv) Records of the audits of the employer's program are maintained by the auditor for
three years and are made available by the auditor to the Secretary of Labor or the
Secretary's designated representative upon request.

(6) A certification under this paragraph is:

(i) Not portable. Such a certification meets the requirements of paragraph (c) of this
section only where the operator is employed by (and operating the equipment for) the
employer that issued the certification.

(ii) Valid for 5 years.

Purpose: OSHA proposed and finalized this requirement in the 2010 cranes standard
based largely on the recommendation of the Cranes and Derricks Negotiated Rulemaking
Advisory Committee “that independent, third-party involvement was needed to ensure
the reliability and integrity of any testing program.” (75 FR 48020).

The testing requirements of (e)(1) and (e)(2), specifically paragraphs (e)(1)(ii) and
(e)(2)(i), help ensure that operators are capable of operating the equipment safely. The
Agency is not taking any separate burden for (e)(1) and (e)(2) in this Supporting
Statement because the administration of the certification examination is not itself a

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collection of information pursuant to 5 CFR 1320.3(h)(7). However, OSHA considers the


documentation resulting from those examinations and the resulting audits to be a
collection of information. The paragraphs require an auditor to determine that the tests
and the administration of the employer’s testing procedures meet nationally-recognized
test administration standards. OSHA assumes that most auditors will document this
determination. The Agency includes costs for this activity in Item 13 of this Supporting
Statement.

Paragraph (e)(3) requires an audited employer program to be audited within three months
of the beginning of the program and every three years thereafter. OSHA assumes that
most auditors will document the result of these audits. The Agency includes costs for this
activity in Item 13 of this Supporting Statement.

Paragraph (e)(4) requires the employer program to have testing procedures for re-
qualification designed to ensure operators still meet the knowledge and skill requirements
of paragraphs (j)(1) and (j)(2) of this section. These re-qualification procedures must be
audited in accordance with paragraphs (e)(1) and (e)(2) of this section. OSHA assumes
that most auditors will document the result of these audits. The Agency includes costs for
this activity in Item 13 of this Supporting Statement.

The exchange of information required in paragraph (e)(5)(ii) ensures that the minimum
qualifications specified by § 1926.1427(j) are being adequately and consistently tested.
OSHA assumes that most auditors will document the results of this re-audit. The Agency
includes costs for this activity in Item 13 of this Supporting Statement.

The documentation required in paragraphs (e)(5)(iii) and (e)(5)(iv) requires the filing and
maintenance of reports to facilitate enforcement of the requirements. The Agency
includes costs for this activity in Item 13 of this Supporting Statement.

Paragraph (e)(6)(i) provides that portability should be limited for the employer audited
programs to ensure certification consistency among accredited crane operator testing
organizations and employer-audited programs. The Agency does not consider this
provision to be a collection of information and does not include costs for this provision in
this Supporting Statement.

Paragraph (e)(6)(ii) requires that an employer-audited program certification is only valid


for five years. The purpose of this requirement is to periodically test the abilities of an
operator to ensure they retain the knowledge and skill required to operate a crane. The
five year validity period is an assumption included in the burden for the retention and
maintenance of the license/certification taken in Item 12 of the Supporting Statement
with § 1926.1427(a).

§1926.1427(f) Evaluation.

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(1) Through an evaluation, the employer must ensure that each operator is qualified by a
demonstration of:

(i) The skills and knowledge, as well as the ability to recognize and avert risk, necessary
to operate the equipment safely, including those specific to the safety devices, operational
aids, software, and the size and configuration of the equipment. Size and configuration
includes, but is not limited to, lifting capacity, boom length, attachments, luffing jib, and
counterweight set-up.

(ii) The ability to perform the hoisting activities required for assigned work, including, if
applicable, blind lifts, personnel hoisting, and multi-crane lifts.

(2) For operators employed prior to 30 days after the date the rule published, the
employer may rely on its previous assessments of the operator in lieu of conducting a
new evaluation of that operator’s existing knowledge and skills.

* * *

(5) The evaluator must be an employee or agent of the employer. Employers that assign
evaluations to an agent retain the duty to ensure that the requirements in paragraph (f) are
satisfied. Once the evaluation is completed successfully, the employer may allow the
operator to operate other equipment that the employer can demonstrate does not require
substantially different skills, knowledge, or ability to recognize and avert risk to operate.

(6) The employer must document the completion of the evaluation. This document must
provide: the operator’s name; the evaluator’s name and signature; the date; and the make,
model, and configuration of equipment used in the evaluation. The employer must make
the document available at the worksite while the operator is employed by the employer.
For experienced operators assessed per paragraph (f)(2) of this section, the
documentation must reflect the date of the employer’s determination of the operator’s
abilities and the make, model and configuration of equipment on which the operator has
previously demonstrated competency.

Purpose: Paragraph (f)(6) requires the employer to document the evaluation of each
operator and to ensure that the documentation is available at the worksite. While the
administration of the evaluation (paragraphs (f)(5) and (f)(7)) is not considered collection
of information pursuant to 5 CFR 1320.3(h)(7), OSHA assumes that this determination
will be documented, which does result in an collection of information.

The documentation under § 1926.1427(f)(6) must include: the operator’s name, the
evaluator’s name, the date of the evaluation, and the make, model, and configuration of
the equipment on which the operator was evaluated. But the documentation would not
need to be in any particular format. Employers are free to, but not required to, list all of
the makes, models, and configurations of all of the equipment that the operator is
permitted to operate. For example, the employer may document that the operator has

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previously demonstrated that he or she is qualified to operate Crane A, and then also
record that, based on that qualification to operate Crane A, the operator is also qualified
to perform the same tasks using the Cranes B, C, and D. In that example, the employer
does not have to record the make and model of Cranes B, C, and D in order for the
operator to operate them as long as it is clear which cranes are referenced.

The documentation requirement will ensure accountability and direct the employer’s
attention to the critical aspects of operating the assigned equipment that must be
considered during the evaluation. The documentation of the evaluation will record key
baseline information that an employer can use to help make subsequent determinations
about whether the operator is competent to operate other equipment on future projects. It
will also provide a quick reference for site supervisors, lift directors, and any employee,
such as a hoist crew member, whose safety is affected by crane operations.

The text of paragraph (f)(6) provides a corollary to the provision in paragraph (f)(2) that
allows employers to provide initial documentation for operators that they are employing
on the effective date of the rule, based on prior evaluations of those operators by the
employers---another evaluation of those operators is not required for initial compliance
with paragraph (f)(2). OSHA added this provision to assist employers with the initial
implementation of the evaluation requirement.

(7) When an employer is required to provide an operator with retraining under paragraph
(b)(5) of this section, the employer must re-evaluate the operator with respect to the
subject of the retraining.

Purpose: While the administration of the re-evaluation itself is not considered an


collection of information pursuant to 5 CFR 1320.3(h)(7), these re-evaluations must still
be documented in accordance with (f)(6).

§ 1926.1427(h) -- Language and Literacy Requirements.

(1) Tests under this section may be administered verbally, with answers given verbally,
where the operator candidate:

(i) Passes a written demonstration of literacy relevant to the work.

(ii) Demonstrates the ability to use the type of written manufacturer procedures
applicable to the class/type of equipment for which the candidate is seeking certification.

(2) Tests under this section may be administered in any language the operator candidate
understands, and the operator’s certification documentation must note the language in
which the test was given. The operator is only permitted to operate equipment that is
furnished with materials required by this subpart, such as operations manuals and load
charts, that are written in the language of the certification.

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Purpose: This written-literacy requirement in paragraph § 1926.1427(h)(1) will be an


essential administrative means for ensuring that operators have sufficient literacy to read
and comprehend written materials that relate to critical aspects of operation, such as load
charts and manufacturer’s manuals. The requirement in § 1926.1427(h)(2) will facilitate
employers’ compliance with the requirements of § 1926.1427 and ensure that an operator
does not operate a crane without access to the essential manuals, warnings, and other
material presented in a language that he or she can understand. By referring to the
operator’s certificate, the employer will be able to ensure that crane contains materials in
the appropriate language.

The Agency does not consider the test itself to be either a collection of information or a
burden because aptitude tests are expressly exempted under the applicable regulations.
See 5 CFR 1320.3(h)(7).

The Agency notes that the testing entity is likely to retain the documentation of the
results of the two pre-requisites for verbal testing. The agency is taking a small burden
for this documentation to address certification offered under employer certification
because in that situation the employer will be the testing organization. In addition, the
Agency considers the few specific words required to be included in the certificate
(language in which operator was tested) to be a de minimis burden and is not calculating
it separately in Item 12.

§ 1926.1427(k) -- Effective dates.

(k) Effective dates.

(1) Apart from the evaluation and documentation requirements in § 1926.1427(a) and (f),
this section is effective on December 10, 2018..

(2) The evaluation and documentation requirements in § 1926.1427(a) and (f) are
effective on February 7, 2019.

Purpose: The effective date of the Crane Operator Qualification final rule applied to the
certification requirements and all but one of the amendments. OSHA allowed 90 days
after the publication of the final rule for employers to conform their practices for
evaluating their operators, including documenting the evaluations, to the requirements of
OSHA’s standard. OSHA anticipated that most employers would require only minimal
adjustment to their current practices, if any, such as documenting evaluations if they had
not previously followed that practice. Note that the text of paragraph (k) has been
updated to reflect the effective dates as published in the Code of Federal Regulations.

W. Signal Person Qualifications (§ 1926.1428)


[§ 1926.1428(a)(1), (a)(2), (a)(3), and (b)]

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§ 1926.1428(a)(1) -- Option (1) – Third party qualified evaluator. The signal person has
documentation from a third party qualified evaluator (see Qualified Evaluator (third
party), § 1926.1401 for definition) showing that the signal person meets the Qualification
Requirements (see paragraph (c) of this section).

Purpose: Compliance with this documentation requirement ensures that the signals for
the operator will only be made by qualified persons, thereby reducing the likelihood of
injuries from miscommunication about signal. OSHA is taking burden in Item 12 below
for the documentation of the result of the assessment, but is not treating the test itself as a
collection of information or a burden. See 5 CFR 1320.3(h)(7) (General exemption from
the definition of “information” for “examinations designed to test the aptitude, abilities,
or knowledge of the persons tested and the collection of information for identification or
classification in connection with such examinations.”)

Note: OSHA believes that this requirement will be a condition of employment, and,
therefore, is not taking a paperwork burden for it. However, OSHA believes that
employers will retain the signal person documentation because they are required to
provide this information under § 1926.1428(a)(3). OSHA considers the retrieval of this
information to be a paperwork burden.

§ 1926.1428(a)(2) -- Option (2) – Employer’s qualified evaluator. The employer’s


qualified (see Qualified Evaluator (not a third party), § 1926.1401 for definition)
evaluator assesses the individual and determines that the individual meets the
Qualification Requirements (see paragraph (c) of this section) and provides
documentation of that determination. An assessment by an employer’s qualified
evaluator under this option is not portable – other employers are not permitted to use it to
meet the requirements of this section.

Purpose: Compliance with this documentation requirement will serve as an


administrative tool for ensuring that the employee is adequately trained and evaluated.
OSHA is taking burden in Item 12 below for the documentation of the result of the
assessment, but is not treating the test itself as a collection of information or a burden.
See 5 CFR 1320.3(h)(7) (General exemption from the definition of “information” for
“examinations designed to test the aptitude, abilities, or knowledge of the persons tested
and the collection of information for identification or classification in connection with
such examinations.”)

§ 1926.1428(a)(3) -- The employer must make the documentation for whichever option is
used available at the site while the signal person is employed by the employer. The
documentation must specify each type of signaling (e.g. hand signals, radio signals, etc.)
for which the signal person meets the requirements of paragraph (c) of this section.

Purpose: OSHA expects that employers will maintain file copies of the training
documentation required in § 1926.1428(a)(1) and (a)(2) to ensure that their employees
have received the required training. The document-availability requirement in §

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1926.1428(a)(3) ensures that the signal person is properly trained while employed by the
employer, and that the information about the signal person’s qualifications is available to
the operator so that the operator will know the signal person’s skills prior to the
commencement of operation. This is particularly important to avoid miscommunication
where the signal person and operator are not employed by the same employer and have
not worked together before. OSHA assumes that employers will retain the document
once it receives the documentation required under § 1926.1428(a)(2). The Agency is
taking the burden for that documentation in Item 12 under § 1926.1428(a)(1) and (a)(2)
and is therefore not including any separate burden for § 1926.1428(a)(3).

Note: In the paperwork package that accompanied the proposed rule, the Agency treated
§ 1926.1428(a)(1) as both a collection of information and a paperwork burden because it
required the signal person to possess documentation of qualifications. The Agency has
now concluded that the signal person’s possession of documentation is a condition of
employment that does not constitute a collection of information nor a paperwork burden.

§ 1926.1428(b) -- If subsequent actions by the signal person indicate that the individual
may not meet the Qualification Requirements (see paragraph (c) of this section), the
employer must not allow the individual to continue working as a signal person until re-
training is provided and a re-assessment is made in accordance with paragraph (a) of this
section that confirms that the individual meets the Qualification Requirements.

Purpose: OSHA believes that it is necessary to retrain a signal person who indicates that
he or she does not possess the requisite qualifications for that job. This requirement will
prevent miscommunication and the potential for resulting injury.

X. Training (§ 1926.1430)
[§ 1926.1430(a), (b), (c)(1), (c)(4), (d), (e), (f), (g)(1), and (g)(2)]

§1926.1430(a) -- Overhead power lines. The employer must train each employee
specified in § 1926.1408(g) and § 1926.1410(m) in the topics listed in § 1926.1408(g).

Purpose: These training requirements for operators, crew, and dedicated spotters will
ensure that these employees recognize the identified hazards and understand how to avoid
them or protect themselves. The requirement that employers provide training to workers
is not considered to be a collection of information. Therefore, OSHA does not take
burden for this activity under Item 12 of this Supporting Statement.

§1926.1430(b) -- Signal persons. The employer must train each employee who will be
assigned to work as a signal persons who does not meet the requirements of §
1926.1428(c) in the areas addressed in that paragraph.

Purpose: Under § 1926.1428(c)(5), employees must demonstrate that they meet the
requirements of § 1926.1428(c)(1) through (c)(4) through a verbal or written test, and
through a practical test. This training requirement will ensure that signal persons

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understand how their duties affect the safe operation of the equipment, and that they can
perform those duties safely. The requirement that employers provide training to workers
is not considered to be a collection of information. Therefore, OSHA does not take
burden for this activity under Item 12 of this Supporting Statement.

§1926.1430 (c) Operators.

§1926.1430(c)(1) -- The employer must train each operator in accordance with


§1926.1427(a) and (b), on the safe operation of the equipment the operator will be using.

§1926.1430(c)(2) -- The employer must train each operator covered under the exception
of §1926.1427(a)(2) on the safe operation of the equipment the operator will be using.

Purpose: Paragraph (c)(1) requires that the employer train operators of most equipment
covered by subpart CC in accordance with § 1926.1427(a) and (b). Several types of
equipment (derricks, sideboom cranes, and equipment with a maximum manufacturer-
rated hoisting/lifting capacity of 2,000 pounds or less) are excepted from the
requirements of § 1926.1427. Paragraph (c)(2) provides a general requirement to train
operators of equipment in this excepted group on the safe operation of the equipment.
Paragraphs (c)(1) and (2) of this section work together to specify training requirements
and clarify that all operators must be trained, regardless of whether an operator must be
licensed/certified by any entity (including the U.S. military) to operate equipment. The
requirement that employers provide training to workers is not considered to be a
collection of information. Therefore, OSHA does not take burden for this activity under
Item 12 of this Supporting Statement. 2

§1926.1430(c)(3) -- The employer must train each operator of the equipment covered by
this subpart in the following practices:

(i) On friction equipment, whenever moving a boom off a support, first raise the boom a
short distance (sufficient to take the load of the boom) to determine if the boom hoist
brake needs to be adjusted. On other types of equipment with a boom, the same practice
is applicable, except that typically there is no means of adjusting the brake; if the brake
does not hold, a repair is necessary. See §1926.1417(f) and (j) for additional
requirements.

(ii) Where available, the manufacturer's emergency procedures for halting unintended
equipment movement.

2 OSHA inadvertently neglected to update the regulatory text of §§1926.1430(c)(2) and (c)(3) in the
preliminary supporting statement to reflect conforming changes made to that section in OSHA’s 2018
Operator Qualification rulemaking. The updated text is included here. As none of these provisions are
information collections and the changes were conforming, organizational, or clarifying, this update does
not impact OSHA’s analysis of the collections of information associated with this standard.

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Purpose: These training requirements for operators and crew will ensure that these
employees are aware of the hazards from unintended boom movement and understand
how to avoid it. The requirement that employers provide training to workers is not
considered to be a collection of information. Therefore, OSHA does not take burden for
this activity under Item 12 of this Supporting Statement. The information exchange
requirement in § 1926.1417(f) ensures that employees can identify unsafe components of
the equipment because they are tagged as out of service. OSHA considers this tag-out
requirement to be a usual and customary work practice in the industry. See, e.g., ASME
B30.5-2004 5-2.3.2(b). Therefore, OSHA is not taking burden for this paperwork
requirement in Item 12 below.

§ 1926.1430(d) -- Competent persons and qualified persons. The employer must train
each competent person and each qualified person regarding the requirements of this
subpart applicable to their respective roles.

Purpose: These training requirements for these employees will ensure that they possess
the necessary skills to fulfill their roles and to recognize the identified hazards and
understand how to avoid them or protect themselves. The requirement that employers
provide training to workers is not considered to be a collection of information. Therefore,
OSHA does not take burden for this activity under Item 12 of this Supporting Statement.

§ 1926.1430(e) -- Crush/pinch points. The employer must train each employee who
works with the equipment to keep clear of holes, and crush/pinch points and the hazards
addressed in § 1926.1424 (Work area control).

Purpose: These training requirements will ensure that these employees recognize the
identified hazards and understand how to avoid them or protect themselves. The
requirement that employers provide training to workers is not considered to be a
collection of information. Therefore, OSHA does not take burden for this activity under
Item 12 of this Supporting Statement.

§ 1926.1430(f) -- Tag-out. The employer must train each operator and each additional
employee authorized to start/energize equipment or operate equipment controls (such as
maintenance and repair employees), in the tag-out and start-up procedures in §§
1926.1417(f) and (g).

Purpose: The tag-out requirement in § 1926.1417(f) prevent injury from the inadvertent
use of equipment that is not functioning properly. This training requirement ensures that
tagging out is performed properly and on all occasions for which it is required. The start-
up procedures prevent injuries from unexpected movement of the equipment affecting
employees performing maintenance on the equipment, or otherwise on or near the
equipment, particularly when they are out of view of the operator. These training
requirements for operators and other employees will ensure that these employees
recognize the identified start-up hazards and the procedures that must be followed to
avoid injury. The requirement that employers provide training to workers is not

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considered to be a collection of information. Therefore, OSHA does not take burden for
this activity under Item 12 of this Supporting Statement.

§ 1926.1430(g)(1) -- The employer must evaluate each employee required to be trained


under this subpart to confirm that the employee understands the information provided in
the training.

Purpose: This evaluation requirement will ensure that all employees trained under this
section comprehend the information provided. The information required to be conveyed
through training is only an effective means of preventing injury if the information is
understood by the trainees. The requirement that employers provide training to workers is
not considered to be a collection of information. Therefore, OSHA does not take burden
for this activity under Item 12 of this Supporting Statement.

§ 1926.1430(g)(2) -- The employer must provide refresher training in relevant topics for
each employee when, based on the conduct of the employee or an evaluation of the
employee’s knowledge, there is an indication that retraining is necessary.

Purpose: This refresher training requirement ensures that employees will be retrained
when their conduct indicates it is necessary. This requirement will prevent injuries from
the failure of the employee to follow procedures on which they were trained but are no
longer sufficiently familiar. The requirement that employers provide training to workers
is not considered to be a collection of information. Therefore, OSHA does not take
burden for this activity under Item 12 of this Supporting Statement.

Y. Hoisting Personnel (§ 1926.1431)


[§ 1926.1431(d)(5)(vii), (e)(12), (h)(6), (j)(3), (m), (o)(3)(i), (p)(4)(i), (r)(3)(i), and
(s)(3)(i)]

§ 1926.1431(d)(5)(vii) -- Proper operation required. Personnel hoisting operations must


not begin unless the devices listed in this section are in proper working order. If a device
stops working properly during such operations, the operator must safely stop operations.
Personnel hoisting operations must not resume until the device is again working properly.
Alternative measures are not permitted. (See § 1926.1417 for tag-out and related
requirements.)

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 5-
2.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.

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§1926.1431(e)(12) -- The weight of the platform and its rated capacity must be
conspicuously posted on the platform with a plate or other permanent marking.

Purpose: This information requirement will ensure that the employer has adequate
information regarding the capacity of the personnel platform to prevent equipment
failures that could result from overloading the personnel platform. OSHA considers the
posting requirement to be a usual and customary practice in the industry. See, e.g.,
ASME B30.23-2005, section 23-1.1.1(b)(7). Therefore, OSHA is not taking a paperwork
burden for this requirement.

§ 1926.1431(h)(6) -- Any condition found during the trial lift and subsequent
inspection(s) that fails to meet a requirement of this standard or otherwise creates a safety
hazard must be corrected before hoisting personnel. (See § 1926.1417 for tag-out and
related requirements.)

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 5-
2.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.

§ 1926.1431(j)(3) -- After proof testing, a competent person must inspect the platform
and rigging to determine if the test has been passed. If any deficiencies are found that
pose a safety hazard, the platform and rigging must not be used to hoist personnel unless
the deficiencies are corrected, the test is repeated, and a competent person determines that
the test has been passed. (See § 1926.1417 for tag-out and related requirements.)

Purpose: This provision ensures that equipment with a deficiency that poses a safety
hazard will be tagged out of service until all of the requirements of the paragraph are met.
This will avoid injury that could result from use of deficient equipment. The information
exchange requirement in § 1926.1417(f) ensures that employees can identify unsafe
components of the equipment because they are tagged as out of service. OSHA considers
this tag-out requirement to be a usual and customary work practice in the industry. See,
e.g., ASME B30.5-2004 5-2.3.2(b). Therefore, OSHA is not taking burden for this
paperwork requirement in Item 12 below.

§ 1926.1431(m) -- Pre-lift meeting. A pre-lift meeting must be:

(1) Held to review the applicable requirements of this section and the procedures that
will be followed.

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(2) Attended by the equipment operator, signal person (if used for the lift), employees to
be hoisted, and the person responsible for the task to be performed.

(3) Held prior to the trial lift at each new work location, and must be repeated for any
employees newly assigned to the operation.

Purpose: OSHA recognizes that there is heightened danger when using a crane or other
equipment to hoist personnel. The required pre-lift communication ensures that the
operator, signal person, and person being lifted, and other personnel involved in the lift
understand their roles and the procedures and hazards applicable to the lift. Any
miscommunication or departure from the procedure during the lift could lead to unsafe
operation of the equipment and injury to the personnel being hoisted, or to others.
Additional meetings at each new work location ensure that the procedures and hazards
specific to that worksite are addressed. OSHA considers this information-exchange
requirement to be a usual and customary practice in the industry. See, e.g., ASME
B30.23-2005, section 23-1.1.1(b)(7). Therefore, OSHA is not taking a paperwork burden
for this requirement.

§ 1926.1431(o) -- Hoisting personnel in drill shafts. When hoisting employees into and
out of drill shafts that are up to and including 8 feet in diameter, all of the following
requirements must be met:

* * *

(3) If using a boatswain’s chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswain’s chair.”

Purpose: OSHA recognizes that there is a heightened danger when hoisting personnel in
drill shafts. The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))
facilitate communication among employees regarding the safe operation of the personnel-
hoisting equipment during the performance of drilling operations.

§1926.1431(p)(4) -- If using a boatswain’s chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), and (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswains chair.”

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Purpose: The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))


facilitate communication among employees regarding the safe operation of the personnel-
hoisting equipment when boatswain’s chairs will be used.

§ 1926.1431(r) -- Hoisting personnel for marine transfer. When hoisting employees


solely for transfer to or from a marine worksite, the following requirements must be met:

* * *

(3) If using a marine hoisted personnel transfer device:

(i) The following paragraphs of this section apply: (a), (c)(2), (d)(1), (d)(3), (d)(4), (e)(1)
through (5), (e)(12), (f)(1), (g), (h), (j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (k)(11)(i),
(k)(12), (m), and (n). Where the terms “personnel platform” or “platform” are used in
these paragraphs, substitute them with “marine-hoisted personnel transfer device.”

Purpose: The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))


facilitate communication among employees regarding the safe operation of the personnel-
hoisting equipment when marine-hoisting personnel-transfer devices will be used.

§ 1926.1431(s) -- Hoisting personnel for storage-tank (steel or concrete), shaft and


chimney operations. When hoisting an employee in storage tank (steel or concrete), shaft
and chimney operations, the following requirements must be met:

* * *

(3) If using a boatswain’s chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswains chair.”

Purpose: OSHA recognizes that there is a heightened danger when hoisting personnel in
storage tanks, shafts, and chimneys. The tag-out requirements in § 1926.1431(h)(6) and
(j)(3) ensure that employees will not use deficient equipment. OSHA considers this tag-
out requirement to be a usual and customary work practice in the industry. See, e.g.,
ASME B30.5-2004 5-2.3.2(b). The pre-lift meeting requirement (required by referenced
§ 1926.1431(m)(1)) facilitates communication among employees regarding the safe
operation of the personnel-hoisting equipment when boatswain’s chairs will be used.

Z. Multiple Lifts (§ 1926.1432)


[§ 1926.1432(a) and (b)(2)]

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§ 1926.1432(a) -- Plan development. Before beginning a crane/derrick operation in which


more than one crane/derrick will be supporting the load, the operation must be planned.
The planning must meet the following requirements:

(1) The plan must be developed by a qualified person.

(2) The plan must be designed to ensure that the requirements of this subpart are met.

(3) Where the qualified person determines that engineering expertise is needed for the
planning, the employer must ensure that it is provided.

Purpose: The exchange of information ensures that the hazards involved with a multiple
lift are identified in, and eliminated according to, a plan developed by a qualified person.
These hazards include, but are not limited to, load slipping and unintended load shifting.
Such hazards can be minimized by a plan that addresses elements such as the capacity of
the cranes/derricks relative to load distribution (throughout the lift), load rigging, load
travel (from start to finish), and communication. OSHA considers this requirement to be
a usual and customary practice in the industry. See, e.g., ASME B30.5 (2004) 5-
3.2.1.5(k). Accordingly, OSHA is not taking a paperwork burden for this requirement.

§ 1926.1432(b)(2) -- The lift director must review the plan in a meeting with all workers
who will be involved with the operation.

Purpose: The exchange-of-information requirement will typically involve the signal


person, rigging crew, crane operator, and sometimes laborers, who would meet to ensure
that everyone understands the plan and how the operation will be conducted. This
meeting is important for employees to understand how the plan will work, including their
responsibilities and the responsibilities of others, which will help ensure that the diverse
elements of the operation are coordinated.

AA. Design, Construction and Testing (§ 1926.1433)


[§ 1926.1433(d)(1)(ii), (d)(5), and (e)]

§ 1926.1433(d) -- All equipment covered by this subpart must meet the following
requirements:

(1) Rated capacity and related information. The information available in the cab (see §
1926.1417(c)) regarding “rated capacity” and related information must include, at a
minimum, the following information:

* * *

(ii) A work area chart for which capacities are listed in the load chart. (Note: an
example of this type of chart is in ASME B30.5-2004, section 5-1.1.3, Figure 11).

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Purpose: This exchange of information is necessary to ensure that equipment operators


have immediate access in the cab to information that they need to make determinations
that could affect the safe operation of the equipment. OSHA considers this requirement
to be a usual and customary practice in the industry. See, e.g., ASME B30.5 (2004) 5-
3.2.1.5(k). Consequently, OSHA is not taking a paperwork burden for this requirement.

§ 1926.1433(d)(3) -- Hook and ball assemblies and load blocks must be marked with
their rated capacity and weight.

Purpose: Compliance with this labeling requirement provides the operator with
information about load ratings of the equipment when determinations must be made that
affect the safe operation of the equipment. OSHA considers this requirement to be a usual
and customary practice in the industry. See, e.g., ASME B30.5-2004; section 5-
1.1.3(b)(4). Therefore, the Agency is not taking a paperwork burden for that requirement
in Item 12 below.

§ 1926.1433(d)(5) -- Posted warnings. Posted warnings required by this subpart as well


as those originally supplied with the equipment by the manufacturer shall be maintained
in legible condition.

Purpose: These postings requirements require employers to warn employees that they
must avoid or protect themselves from the specified hazardous conditions. OSHA
considers this requirement to be a usual and customary practice in the industry. See, e.g.,
ASME B30.5-2004; section 5-1.1.3(b)(4). Therefore, OSHA is not taking a paperwork
burden for this requirement.

§ 1926.1433(e) -- The employer’s obligations under paragraphs (a) through (c) and
(d)(7) through (13) of this section are met where the equipment has not changed (except
in accordance with § 1926.1434 (Equipment modifications)) and it can refer to
documentation from the manufacturer showing that the equipment has been designed,
constructed and tested in accordance with those paragraphs.

Purpose: This provision is provided as an alternative to the general design and testing
requirements in § 1926.1433. Manufacturer design, testing, and construction must be
documented to serve as an acceptable substitute for the general design, construction, and
testing requirements because the documentation would induce the inspector to ensure that
the design, construction, and testing was conducted correctly. In addition, this
requirement creates a record that the employer will use to track developing problems so
that they can be corrected in time to ensure continued safe operation of the equipment.
Because it is usual and customary in the industry to retain manufacturer documentation,
OSHA is taking a small paperwork burden only for the cost of retrieving the document.

BB. Equipment Modifications (§ 1926.1434)


[§ 1926.1434(a)(1)(i), (a)(1)(ii), (a)(2)(i), (a)(3), (a)(4), (a)(5), and (b)]

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§ 1926.1434(a)(1) -- Manufacturer review and approval.

(i) The manufacturer approves the modifications/additions in writing.

(ii) The load charts, procedures, instruction manuals and instruction plates/tags/decals are
modified as necessary to accord with the modification/addition.

Purpose: The approval requirement under paragraph (a)(1)(i) of this section, which
addresses modifications or additions that may affect the capacity or safe operation of the
equipment, is necessary to ensure that modifications/additions will not result in an unsafe
condition. The approval must be in writing, and will be used as an administrative tool to
ensure that an RPE approved the modifications/additions in accordance with professional
engineering practices. Similarly, the requirement in paragraph (a)(1)(ii) of this section to
modify load charts and other crucial data to accord with the modification/addition will
provide accurate information about the equipment to the operator so that the equipment
can be operated within its lifting capacity.

§ 1926.1434(a)(2) -- Manufacturer refusal to review request. The manufacturer is


provided a detailed description of the proposed modification/addition, is asked to approve
the modification/ addition, but it declines to review the technical merits of the proposal or
fails, within 30 days, to acknowledge the request or initiate the review, and all of the
following are met:

(i) A registered professional engineer who is a qualified person with respect to the
equipment involved:

(A) Approves the modification/addition and specifies the equipment configurations to


which that approval applies, and

(B) Modifies load charts, procedures, instruction manuals and instruction


plates/tags/decals as necessary to accord with the modification/addition.

Purpose: This approval requirement ensures that, in the event that a manufacturer
refuses to review a modification/addition request, only an RPE will make determinations
regarding proposed modifications/additions that may affect safe operation of the
equipment. The determination of an RPE is necessary to ensure that modifications or
additions that may affect the capacity or safe operation of the equipment will not result in
an unsafe condition. Similarly, the requirement to modify load charts and other crucial
data to accord with the modification/addition would provide the operator with accurate
information about the equipment so that the equipment can be operated within its lifting
capacity.

§1926.1434(a)(3) -- Unavailable manufacturer. The manufacturer is unavailable and the


requirements of paragraphs (a)(2)(i) and (2)(ii) of this section are met.

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Purpose: The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2).

§ 1926.1434(a)(4) -- Manufacturer does not complete the review within 120 days of the
request. The manufacturer is provided a detailed description of the proposed
modification/addition, is asked to approve the modification/ addition, agrees to review
the technical merits of the proposal, but fails to complete the review of the proposal
within 120 days of the date it was provided the detailed description of the proposed
modification/addition, and the requirements of paragraphs (a)(2)(i) and (ii) of this section
are met.

Purpose: This approval requirement ensures that, in the event that a manufacturer fails
to review a modification/addition request, only an RPE will make determinations
regarding proposed modifications/additions that may affect safe operation of the
equipment. The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2).

§ 1926.1434(a)(5) -- Multiple manufacturers of equipment designed for use on marine


work sites. The equipment is designed for marine work sites, contains major structural
components from more than one manufacturer, and the requirements of paragraphs
(a)(2)(i) and (ii) of this section are met.

Purpose: The approval requirement in paragraphs (a)(2)(i) and (a)(2)(ii) of this section
ensures that modifications to this specialized equipment are approved by an RPE. The
approval requirements are needed for the same reasons explained above for §
1926.1434(a)(2).

§1926.1434(b) -- Modifications or additions which affect the capacity or safe operation


of the equipment are prohibited where the manufacturer, after a review of the technical
safety merits of the proposed modification/addition, rejects the proposal and explains the
reasons for the rejection in a written response. If the manufacturer rejects the proposal
but does not explain the reasons for the rejection in writing, the employer may treat this
as a manufacturer refusal to review the request under paragraph (a)(2) of this section.

Purpose: The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2). However, the Agency is not taking a separate paperwork burden
if the manufacturer fails to respond in writing because the effect is that the employer
must proceed as if under § 1926.1434(a)(2), and the burden is taken under that paragraph.
Similarly, the manufacturer’s explanation of why it rejected the employer’s proposed
modification/addition provides the employer with an administrative tool to verify that the
manufacturer reviewed the technical merits of the request, and possibly to submit a
revised modification/addition request that would address the employer’s concerns.
Requiring employers to obtain this information from the manufacturer ensure that
employers have this information available when making further determinations that affect

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the safe operation of the equipment. However, OSHA does not consider the retention of
this rejection document to be a burden on the employer because the document likely
would be generated and maintained on file by the manufacturer rather than the employer
(i.e., the document would confirm the information provided to the employer by the
manufacturer). Therefore, OSHA is not taking a paperwork burden for the retention of
this rejection document.

CC. Tower Cranes (§ 1926.1435)


[§ 1926.1435(b)(3), (b)(7)(ii), (c), (d)(3), (e)(5) introductory text, (e)(5)(v), (e)(6)
introductory text, (e)(6)(ii), (e)(6)(iii), (e)(6)(iv), (e)(6)(vi), (f)(3)(i), and (f)(3)(ii)]

§ 1926.1435(b)(3) -- Foundations and structural supports. Tower crane foundations and


structural supports (including both the portions of the structure used for support and the
means of attachment) must be designed by the manufacturer or a registered professional
engineer.

Purpose: This design requirement ensures that the foundation and structural supports of
a tower crane, which are critical to the safe operation of the equipment, will be made by a
person with sufficient knowledge and expertise so that the operation of the equipment
will not result in an unsafe condition.

§ 1926.1435(b)(7) -- Climbing procedure. Prior to, and during, all climbing procedures
(including inside climbing and top climbing), the employer must:

* * *

(ii) Have a registered professional engineer verify that the host structure is strong enough
to sustain the forces imposed through the braces, brace anchorages and supporting floors.

Purpose: The strength of the structure is a critical factor in the safe operation of the
equipment, and the verification is needed to ensure that a weakness in the structure does
not result in an unsafe condition. Because this provision requires only the verification of
the strength of a structure, and does not per se require additional calculations by the RPE,
the Agency did not note a collection of information for this provision in the paperwork
package submitted with the proposed rule. Nevertheless, the Agency is considering this
provision a collection of information in the final rule to ensure that it is not
underinclusive. OSHA is also taking a small burden under Item 13 to encompass the
instances in which an RPE may need to make additional determinations in order to verify
the strength of the structure.

§ 1926.1435(c) -- Signs. The size and location of signs installed on tower cranes must be
in accordance with manufacturer specifications. Where these are unavailable, a
registered professional engineer familiar with the type of equipment involved must
approve in writing the size and location of any signs.

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Purpose: OSHA regulates this provision because wind pushing against a sign can
significantly increase the horizontal force exerted on a crane, thereby reducing the
crane’s capacity and/or compromising its stability. To operate cranes safely under windy
conditions, employers must develop information about the effects of wind on a crane’s
lifting capacity in accordance with this provision when this information is not available
from the manufacturer. OSHA requires that the registered professional engineer’s
approval be in writing and in accordance with professional engineering practices so that
the size and location criteria can be readily referenced when the crane is being erected,
operated, and dismantled.

§ 1926.1435(d)(3) -- Proper operation required. Operations must not begin unless the
devices listed in this section are in proper working order. If a device stops working
properly during operations, the operator must safely stop operations. The equipment
must be taken out of service, and operations must not resume until the device is again
working properly. See § 1926.1417(f). Alternative measures are not permitted to be
used.

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry because tagging-out malfunctioning
construction equipment is specified by § 1926.20(b)(3). See, e.g., ASME B30.5-2004 5-
2.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.

§1926.1435(e)(5) -- Category I operational aids and alternative measures. Operational


aids listed in this paragraph that are not working properly must be repaired no later than 7
calendar days after the deficiency occurs. Exception: If the employer documents that it
has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts.

Purpose: This documentation requirement serves as an administrative control to ensure


that a defective Category I operational aid on equipment that remains in service has been
ordered and will be replaced in a timely manner. OSHA believes that employers
maintain purchasing orders and receipts for parts as a usual and customary accounting
practice in the industry and will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.

§1926.1435(e)(5)(v) -- Load moment limiting device. The tower crane must have a
device that prevents moment overloading. Temporary alternative measures: A radius
indicating device must be used (if the tower crane is not equipped with a radius indicating
device, the radius must be measured to ensure the load is within the rated capacity of the
crane). In addition, the weight of the load must be determined from a source recognized

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by the industry (such as the load’s manufacturer), or by a calculation method recognized


by the industry (such as calculating a steel beam from measured dimensions and a known
per foot weight), or by other equally reliable means. This information must be provided
to the operator prior to the lift.

Purpose: When chosen as a specified compliance alternative, obtaining the required


information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA is not taking a paperwork burden for this requirement because it
considers the requirement to be a usual and customary practice in the industry as
indicated by a similar requirement in ASME B30.5- 2000, section 5-3.2.1.1(c).

§1926.1435(e)(6) -- Category II operational aids and alternative measures. Operational


aids listed in this paragraph that are not working properly must be repaired no later than
30 calendar days after the deficiency occurs. Exception: If the employer documents that
it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days,
the repair must be completed within 7 calendar days of receipt of the parts.

Purpose: This documentation requirement is an administrative control to ensure that a


defective Category II operational aid on equipment that remains in service has been
ordered and will be replaced in a timely manner. OSHA believes that employers
maintain purchasing orders and receipts for parts as a usual and customary accounting
practice of the industry and would use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.

§1926.1435(e)(6)(ii) -- Trolley travel deceleration device. The trolley speed must be


automatically reduced prior to the trolley reaching the end limit in both directions.
Temporary alternative measure: The employer must post a notice in the cab of the crane
notifying the operator that the trolley travel deceleration device is malfunctioning and
instructing the operator to take special care to reduce the trolley speed when approaching
the trolley end limits.

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.

§1926.1435(e)(6)(iii) -- Boom hoist deceleration device. The boom speed must be


automatically reduced prior to the boom reaching the minimum or maximum radius limit.
Temporary alternative measure: The employer must post a notice in the cab of the crane
notifying the operator that the boom hoist deceleration device is malfunctioning and

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instructing the operator to take special care to reduce the boom speed when approaching
the minimum or maximum radius limits.

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.

§1926.1435(e)(6)(vi) -- Load hoist deceleration device. The load speed must be


automatically reduced prior to the hoist reaching the upper limit. Temporary alternative
measure: The employer must post a notice in the cab of the crane notifying the operator
that the load hoist deceleration device is malfunctioning and instructing the operator to
take special care to reduce the load speed when approaching the upper limits.

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.

§1926.1435(e)(6)(vi) -- Load indicating device. Cranes manufactured after [INSERT


DATE 1 YEAR AND 90 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER] must have a device that displays the magnitude of the load on
the hook. Displays that are part of load moment limiting devices that display the load on
the hook meet this requirement. Temporary alternative measures: The weight of the
load must be determined from a source recognized by the industry (such as the load’s
manufacturer), or by a calculation method recognized by the industry (such as calculating
a steel beam from measured dimensions and a known per foot weight), or by other
equally reliable means. This information must be provided to the operator prior to the lift.

Purpose: When chosen as a specified compliance alternative, obtaining the required


information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA is not taking a paperwork burden for this requirement because it
considers the requirement to be a usual and customary practice in the industry as
indicated by a similar requirement in ASME B30.5- 2000, section 5-3.2.1.1(c).

§1926.1435(f)(3) -- Post-erection inspection. In addition to the requirements in


§ 1926.1412(c), the following requirements shall be met:

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(i) A load test using certified weights, or scaled weights using a certified scale with a
current certificate of calibration, shall be conducted after each erection.

(ii) The load test must be conducted in accordance with the manufacturer’s instructions
when available. Where these instructions are unavailable, the test must be conducted in
accordance with written load test procedures developed by a registered professional
engineer familiar with the type of equipment involved.

Purpose: The calibration requirement in paragraph 1926.1435(f)(3)(i) ensures that the


employers provide the equipment necessary to conduct an accurate load test. OSHA
believes that to meet this calibration requirement, employers are most likely to test
weights on the same calibrated scales that are used to verify loads that are to be handled.
See, e.g., ANSI B30.3-1996, section 3-1.1.2(g). Therefore, OSHA considers the
requirement to be a usual and customary practice in the industry and is not taking a
paperwork burden for it.

Compliance with the documentation requirement in paragraph 1926.1435(f)(3)(ii) would


ensure that, in the absence of manufacturer’s instructions, effective load testing
procedures will be developed by an RPE. These instructions would help the employer
discover, prior to placing the crane into operation, any significant equipment deficiencies
or errors made during erection of the equipment. Having the required information
available to the employer would prevent inaccurate testing of the equipment that could
contribute to equipment failure. OSHA considers this load-testing requirement to be a
usual and customary work practice in the industry because manufacturers provide load-
testing instructions with the equipment, but is taking a paperwork burden for this
requirement to account for the small number of instances where the manufacturer’s
instructions for testing are not available.

DD. Derricks (§ 1926.1436)


[§ 1926.1436(b)(3), (c)(2)(i), (c)(2)(ii), (c)(2)(iii), (d)(1), (f)(3)(i), (f)(3)(ii), (g)(1)(ii),
(g)(2), (g)(3), (g)(4), (h), and (q)]

§ 1926.1436(b)(3) -- Load chart location.

(i) Permanent installations. For permanently installed derricks with fixed lengths of
boom, guy, and mast, a load chart shall be posted where it is visible to personnel
responsible for the operation of the equipment.

(ii) Non-permanent installations. For derricks that are not permanently installed, the
load chart shall be readily available at the job site to personnel responsible for the
operation of the equipment.

Purposes: This load-chart information requirement is needed by the personnel


responsible for the operation of the equipment to calculate the parameters of a safe lift.
OSHA is not taking a paperwork burden for this information requirement because it

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considers the requirement to be a usual and customary practice in the industry as


indicated by similar provision in ANSI B30.6-1969, section 6-1.1.2(a).

§ 1926.1436(c)(2) -- Guy derricks.

(i) -- The minimum number of guys shall be 6, with equal spacing, except where a
qualified person or derrick manufacturer approves variations from these requirements and
revises the rated capacity to compensate for such variations.

(ii) Guy derricks must not be used unless the employer has the following guy
information from the manufacturer or a qualified person, when not available from the
manufacturer:

(A) The number of guys.

(B) The spacing around the mast.

(C) The size, grade, and construction of rope to be used for each guy.

(iii) For guy derricks manufactured after December 18, 1970, in addition to the
information required in paragraph (c)(2)(ii) of this section, the employer must have the
following guy information from the manufacturer or a qualified person, when not
available from the manufacturer:

(A) The amount of initial sag or tension.

(B) The amount of tension in guy line rope at anchor.

Purpose: These information requirements ensure that the employer has the necessary
information to construct, maintain, and operate the guy derricks safely. OSHA considers
this requirement to be a usual and customary practice in the industry as indicated by a
similar provision in ASME B30.6-2003, section 6-1.2.2. Therefore, OSHA is not taking
a paperwork burden for this requirement.

§ 1926.1436(d)(1) -- Load anchoring data developed by the manufacturer or a qualified


person must be used.

Purpose: These information requirements ensure that the employer has the necessary
information to anchor guy and stiffleg derricks safely. OSHA is not taking a paperwork
burden for this requirement because it considers the requirement to be a usual and
customary practice in the industry as indicated by a similar provision in ASME B30.6-
2003, section 6-1.4.3.

§ 1926.1436(f)(3)(i) -- Derricks manufactured more than one year after [INSERT DATE
90 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] with a

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maximum rated capacity over 6,000 pounds must have at least one of the following: load
weighing device, load moment indicator, rated capacity indicator, or rated capacity
limiter. Temporary alternative measures: The weight of the load must be determined
from a source recognized by the industry (such as the load’s manufacturer), or by a
calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight), or by other equally reliable means.
This information must be provided to the operator prior to the lift. See § 1926.1417(j)
for additional requirements.

Purpose: When chosen as a specified compliance alternative, obtaining the required


information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA considers this requirement to be a usual and customary practice in
the industry as indicated by a similar requirement in ASME B30.6-2003, section 6-
3.3.1(b). Therefore, OSHA is not taking a paperwork burden for this requirement.

§ 1926.1436(f)(3)(ii) -- A load weight/capacity device that is not working properly must


be repaired no later than 30 days after the deficiency occurs. Exception: If the employer
documents that it has ordered the necessary parts within 7 days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 days, the
repair must be completed within 7 days of receipt of the parts.

Purpose: This documentation requirement is an administrative control to ensure that a


defective operational aid on equipment that remains in service has been ordered and will
be replaced in a timely manner. OSHA believes that employers maintain purchasing
orders and receipts for parts as a usual and customary accounting practice of the industry
and would use these documents to meet this requirement. Therefore, OSHA is not taking
a paperwork burden for this requirement.

§ 1926.1436(g)(1) -- Anchorages.

* * *

(ii) If using a rock or hairpin anchorage, the qualified person must determine if any
special testing of the anchorage is needed. If so, it must be tested accordingly.

Purpose: Compliance with this information requirement will help the employer ensure
that the derrick would not collapse due to insufficient anchoring, thereby endangering
employees in the vicinity of the derrick. The provisions in paragraph (g)(1) of this
section are similar to the requirements specified by ANSI B30.6-1969; the provisions
also are similar to requirements in ASME B30.6-2003, section 6-2.2.1(b). For this
reason, OSHA considers compliance with this information requirement to be a usual and
customary practice in the industry, and is not taking a paperwork burden for it.

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§ 1926.1436(g)(2) -- Functional test. Prior to initial use, new or reinstalled derricks must
be tested by a competent person with no hook load to verify proper operation. This test
must include:

(i) Lifting and lowering the hook(s) through the full range of hook travel.

(ii) Raising and lowering the boom through the full range of boom travel.

(iii) Swinging in each direction through the full range of swing.

(iv) Actuating the anti two-block and boom hoist limit devices (if provided).

(v) Actuating locking, limiting and indicating devices (if provided).

Purpose: The functional test required by paragraph (g)(2) of this section will identify
potential equipment deficiencies or hazards prior to its use. OSHA considers this
requirement to be a usual and customary practice in the industry as indicated by a similar
provision in ANSI B30.6-1969, section 6-2.2.1(a). Therefore, OSHA is not taking a
paperwork burden for this requirement.

§1926.1436(g)(3) -- Load test. Prior to initial use, new or reinstalled derricks must be
load tested by a competent person. The test load must meet the following requirements:

(i) Test loads must be at least 100% and no more than 110% of the rated capacity, unless
otherwise recommended by the manufacturer or qualified person, but in no event must
the test load be less than the maximum anticipated load.

(ii) The test must consist of:

(A) Hoisting the test load a few inches and holding to verify that the load is supported by
the derrick and held by the hoist brake(s).

(B) Swinging the derrick, if applicable, the full range of its swing, at the maximum
allowable working radius for the test load.

(C) Booming the derrick up and down within the allowable working radius for the test
load.

(D) Lowering, stopping and holding the load with the brake(s).

(iii) The derrick must not be used unless the competent person determines that the test
has been passed.

Purpose: The load test required by paragraph (g)(3) of this section will identify potential
equipment deficiencies or hazards while hoisting a test load prior to the equipment’s use.

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OSHA is not taking a paperwork burden for this requirement because it considers the
requirement to be a usual and customary practice in the industry as indicated by a similar
requirement in ASME B30.6-2003 section 6-2.2.2. Although the test must be
documented in accordance with § 1926.1436(g)(4), the burden for that documentation is
taken under paragraph (g)(4).

§ 1926.1436(g)(4) -- Documentation. Tests conducted under this paragraph must be


documented. The document must contain the date, test results and the name of the tester.
The document must be retained until the derrick is re-tested or dismantled, whichever
occurs first. All such documents must be available, during the applicable document
retention period, to all persons who conduct inspections in accordance with § 1926.1412.

Purpose: These functional- and load-test documentation requirements will help the
employer identify defects in the derrick prior to use, which prevent failures of the
equipment. Having a documented record of this testing information serves as an
administrative tool to confirm that the testing has been conducted and provides a
historical reference document for the equipment.

§ 1926.1436(h) -- Load testing repaired or modified derricks. Derricks that have had
repairs, modifications or additions affecting the derrick’s capacity or safe operation must
be evaluated by a qualified person to determine if a load test is necessary. If it is, load
testing must be conducted and documented in accordance with paragraph (g) of this
section.

Purpose: Where a load test is required, the documentation of the load test (required by
paragraph (g)(4)) is needed for the same reasons explained above for § 1926.1436(g)(4),
and the burden for that documentation is taken under that paragraph. The determination
of whether a load test is necessary ensures that a qualified person will identify potential
hazards resulting from the repairs, modifications, or additions that could result in the
unsafe operation of the derrick. OSHA considers this requirement to be a usual and
customary practice in the industry as indicated by a similar requirement in ASME B30.6-
2003, section 6-2.2.2(b). Therefore, OSHA is not taking a paperwork burden for this
requirement.

§ 1926.1436(q) -- Qualification and Training. The employer must train each operator of
a derrick on the safe operation of equipment the individual will operate. Section
1926.1427 of this subpart (Operator qualification and certification) does not apply.

Purpose: This exchange of information ensures that employees are made aware of the
proper procedures and hazards associated with the operation of a derrick so that the
operators will operate the equipment safely. The requirement that employers provide
training to workers is not considered to be a collection of information. Therefore, OSHA
does not take burden for this activity under Item 12 of this Supporting Statement.

EE. Floating Cranes & Land Cranes on Barges (§ 1926.1437)

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[§ 1926.1437(c)(2)(ii), (g), (h)(6), (m)(4), (n)(2), (n)(3)(i), (n)(3)(ii), (n)(5)(v), and


(n)(6)(i)]

§1926.1437(c)(2)(ii) -- Clearly mark the hazard areas by a combination of warning signs


(such as, “Danger – Swing/Crush Zone”) and high visibility markings on the equipment
that identify the hazard areas. In addition, the employer must train each employee to
understand what these markings signify.

Purpose: Although OSHA considers barricading hazardous areas around the equipment
to be a usual and customary practice in the industry, posting signs is not such a usual and
customary practice. The posting requirement notifies employees in the vicinity of the
equipment about the hazardous swing radius areas they must recognize and avoid.
OSHA is taking a paperwork burden for the posting requirement, but not for any
barricading that may accompany the postings.

The training requirement is an exchange of information that ensures that employees


understand the marking and hazard instructions they convey. The requirement that
employers provide training to workers is not considered to be a collection of information.
Therefore, OSHA does not take burden for this activity under Item 12 of this Supporting
Statement.

§ 1926.1437(g) -- Accessibility of procedures applicable to equipment operation. If the


crane/derrick has a cab, the requirements of § 1926.1417(c) apply. If the crane/derrick
does not have a cab, the employer must ensure that:

(1) Rated capacities (load charts) are posted at the operator’s station. If the operator’s
station is moveable (such as with pendant-controlled equipment), the load charts are
posted on the equipment.

(2) Procedures applicable to the operation of the equipment (other than load charts),
recommended operating speeds, special hazard warnings, instructions and operators
manual, must be readily available on board the vessel/flotation device.

Purpose: This requirement ensures that equipment operators have immediate access in
the cab to information that is needed to make determinations that could affect the safe
operation of the equipment. OSHA considers this requirement to be a usual and
customary practice in the industry as indicated by a similar provision in ASME B30.5-
2000, section 5-1.1.3(a). Therefore, OSHA is not taking a paperwork burden for this
requirement.

§1926.1437(h)(6) -- Documentation. The monthly and annual inspections required in


paragraphs (h)(2) and (h)(4) of this section are documented in accordance with §§
1926.1412 (e)(3) and 1926.1412(f)(7), respectively, and that the four-year inspection
required in paragraph (h)(5) of this section is documented in accordance with §
1926.1412(f)(7), except that the documentation for that inspection must be retained for a

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minimum of 4 years. All such documents must be made available, during the applicable
document retention period, to all persons who conduct inspections in accordance with §
1926.1412.

Purpose: Requiring the documentation specified in paragraph (h)(6) of this section


provides employers with an administrative tool with which to monitor the condition of
specified pieces of equipment during inspections. More specifically, employers will be
able to track any deterioration of the equipment that could compromise the safety of
equipment operations.

The inspections required by § 1926.1437 are usual and customary in the industry. See,
e.g., ASME B30.8-1999, sections 8-2.1.1 (describing “frequent” and “periodic”
inspections as monthly and annual, respectively), 8-2.1.2 (requirements for “frequent”
inspections), 8-2.1.3 (requirements for “periodic” inspections), and 8-2.1.3(b)(2)
(inspection of compartments). OSHA is therefore not taking burden in Items 12 or 13 for
the act of conducting the inspection. However, OSHA is taking burden in Item 12 for the
time spent documenting the inspection and making that documentation available. With
respect to the four-year inspection, OSHA is taking additional burden in Items 12 and 13
because the standard specifies that this inspection must be conducted by a person with
specific qualifications not similarly specified in the applicable ASME standards.

§ 1926.1437(m)(4) -- If the equipment is employer-made, it must not be used unless the


employer has documents demonstrating that the load charts and applicable parameters for
use meet the requirements of paragraphs (m)(1) through (3) of this section. Such
documents must be signed by a registered professional engineer who is a qualified person
with respect to the design of this type of equipment (including the means of flotation).

Purpose: When equipment is employer-made, this documentation requirement serves as


an administrative tool for employers to confirm that an RPE has evaluated the
equipment’s design, thereby preventing the use of unsafe equipment. Requiring the
signature of the inspector would induce the engineer to ensure that the load charts and
applicable parameters are calculated correctly.

§ 1926.1437(n) -- Land cranes/derricks. For land cranes/derricks used on barges,


pontoons, vessels or other means of flotation, the employer must ensure that:

* * *

(2) The rated capacity modification required in paragraph (n)(1) of this section is
performed by the equipment manufacturer, or a qualified person who has expertise with
respect to both land crane/derrick capacity and the stability of vessels/flotation devices.

(3) For list and trim.

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(i) The maximum allowable list and the maximum allowable trim for the barge, pontoon,
vessel or other means of flotation must not exceed the amount necessary to ensure that
the conditions in paragraph (n)(4) of this section are met. In addition, the maximum
allowable list and the maximum allowable trim does not exceed the least of the
following: 5 degrees, the amount specified by the crane/derrick manufacturer, or, when,
an amount is not so specified, the amount specified by the qualified person.

(ii) The maximum allowable list and the maximum allowable trim for the land
crane/derrick does not exceed the amount specified by the crane/derrick manufacturer, or,
when, an amount is not so specified, the amount specified by the qualified person.

Purpose: The requirements in § 1926.1437(n)(2) provides the operator with information


that will enable the operator to avoid maritime conditions that adversely affect the safe
operation of the equipment.

The requirement in § 1926.1437(n)(3) provides employers with information that


accurately portrays the decreased capacity of land cranes and derricks when attached to
flotation devices and barges. A qualified person is needed to make the required
modifications of rated capacities to ensure that this complex, technical task accounts
correctly for both the land crane/derrick capacity and the stability of vessels/flotation
devices. OSHA considers this requirement to be a usual and customary practice of the
industry as indicated by a similar requirement in ASME B30.8-2004, sections 8-1.2 and
8-1.3. Therefore, OSHA is not taking a paperwork burden for this requirement.

Note: In the paperwork assessment accompanying the proposed rule, the Agency
treated proposed § 1926.1437(n)(1) as requiring the collection of information. In this
final paperwork assessment, however, the Agency concludes that the requirement to
reduce the load capacity is not a collection of information, and the relevant information
collection is in § 1926.1437(n)(2).

§ 1926.1437(n)(5) -- Physical attachment, corralling, rails system and centerline cable


system meet the requirements in Option (1), Option (2), Option (3), or Option (4) of this
section, and that whichever option is used also meets the requirements of paragraph
(n)(5)(v) of this section.

* * *

(v) The systems/means used to comply with Option (1), Option (2), Option (3), or Option
(4) of this section are designed by a marine engineer, registered professional engineer
familiar with floating crane/derrick design, or qualified person familiar with floating
crane/derrick design.

Purpose: The proper selection and design of the devices identified in this provision is
important to prevent unplanned movement, tipover, or collapse of the equipment. The
requirement that the devices be designed by the specified engineer or qualified person

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ensures that the designer will have sufficient knowledge and experience to account for
numerous factors that, if not addressed, could result in the unsafe operation of the
equipment.

§ 1926.1437(n)(6) -- Exception. For mobile auxiliary cranes used on the deck of a


floating crane/derrick, the requirement specified by paragraph (n)(5) of this section to use
Option (1), Option (2), Option (3), or Option (4) does not apply when the employer
demonstrates implementation of a plan and procedures that meet the following
requirements:

(i) A marine engineer or registered professional engineer familiar with floating


crane/derrick design develops and signs a written plan for the use of the mobile auxiliary
crane.

Purpose: The information required by paragraph (n)(6)(i) of this section needs to be


developed to ensure that the system is designed correctly. System failure could result in
unplanned movement of the crane/derrick, with consequent injury to employees. This
documentation requirement also serves as a reference for employees who must know and
understand the parameters under which the mobile crane can be operated safely. The
signature requirement in paragraph (n)(6)(i) induces the engineer to ensure that the plane
is developed correctly.

Note: The information requirements in paragraph (n)(6) of the final rule were
included in the proposed rule as § 1926.1437(n)(5)(vi).

FF. Overhead and Gantry Cranes (§ 1926.1438)


[§ 1926.1438(b)(2)(i) and (b)(2)(ii)(A)]

§ 1926.1438(b) -- Overhead and gantry cranes that are not permanently installed in a
facility.

* * *

(2) -- The following requirements apply to equipment identified in paragraph (b)(1) of


this section:

(i) -- Sections 1926.1400 through 1926.1414; §§ 1926.1417 through 1926.1425; §


1926.1426(d), §§ 1926.1427 through 1926.1434; § 1926.1437, § 1926.1439, and §
1926.1441.

(ii) The following portions of § 1910.179:

(A) Paragraphs (b)(5),(6),(7); (e)(1),(3),(5),(6); (f)(1),(4); (g); (h)(1),(3); (k); and (n) of §
1910.179.

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Purpose: There are a number of information exchange requirements included in the


sections cited in 1926.1438(b)(2)(i). Each of them is identified above (except for §
1926.1441, which is discussed below), and the purposes of the collections are set forth in
relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.

Paragraph § 1926.1438(b)(2)(ii)(A), which also applies to fixed overhead and gantry


cranes covered by subpart CC, requires compliance with several requirements of §
1910.179. One of these provisions made mandatory by § 1926.1438(b)(2)(ii)(A), §
1910.179(b)(5), requires that the rated load of the crane be plainly marked on each side of
the crane, and if the crane has more than one hoisting unit, each hoist shall have its rated
load marked on it or its load block, and this marking shall be clearly legible from the
ground floor. These 29 CFR part 1910 requirements were selected because each
requirement is a safety requirement that applies to this type of crane regardless of
whether it is used in construction or general industry. Compliance with this labeling
requirement provides the operator with information about load ratings of the equipment
when determinations must be made that affect the safe operation of the overhead and
gantry crane. OSHA considers this requirement to be a usual and customary practice in
the industry as indicated by a similar provision in AMSE B30.2-2001, section 2-1.1.1
and, therefore, is not taking a paperwork burden for that requirement in Item 12 below.

GG. Dedicated pile drivers (§ 1926.1439)


[§ 1926.1439(a)]

§ 1926.1439(a) -- The provisions of subpart CC apply to dedicated pile drivers, except as


specified in this section.

Purpose: This paragraph requires general compliance with most requirements in subpart
CC, including a number of information exchange requirements. Each of the requirements
is identified above (except for § 1926.1441, which is discussed below) and the purposes
of the collections are set forth in relation to those sections. The paperwork burdens for
those requirements, where applicable, are taken under the appropriate sections.

HH. Sideboom Cranes (§ 1926.1440)


[§ 1926.1440(a)]

§ 1926.1440(a) -- The provisions of this standard apply, except § 1926.1402 (Ground


conditions), § 1926.1415 (Safety devices), § 1926.1416 (Operational aids), and §
1926.1427 (Operator qualification and certification).

Purpose: Sideboom cranes are exempted from the requirements specified in §§


1926.1402, 1926.1415, 1926.1416, and 1926.1427 because of the limited capacity and
relative simplicity involved in the operation of sideboom cranes. This paragraph requires
general compliance with most requirements in subpart CC, including a number of

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information exchange requirements. Each of the requirements is identified above (except


for § 1926.1441, which is discussed below) and the purposes of the collections are set
forth in relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.

II. Requirements for equipment with a manufacturer-rated hoisting/lifting capacity


of 2000 pounds or less (§ 1926.1441)
[§ 1926.1441(a), (b)(2)(i)(A), (b)(2)(i)(B), 1441(c)(2)(i), (c)(2)(ii), (c)(2)(iii), (c)(3)(i),
(c)(3)(ii), (c)(3)(iii), (e), and (f)]

§ 1926.1441(a) – The employer using this equipment must comply with the following
provisions of this subpart: § 1926.1400 (Scope); § 1926.1401 (Definitions); § 1926.1402
(Ground conditions); § 1926.1403 (Assembly/disassembly—selection of manufacturer or
employer procedures); § 1926.1406 (Assembly/disassembly—employer procedures); §§
1926.1407 through 1926.1411 (Power line safety); § 1926.1412(c) (Post-assembly); §§
1926.1413 through 1926.1414 (Wire rope); § 1926.1418 (Authority to stop operation); §§
1926.1419 through 1926.1422 (Signals); § 1926.1423 (Fall protection); § 1926.1425
(Keeping clear of the load) (except for § 1926.1425(c)(3) (qualified rigger)); § 1926.1426
(Free fall and controlled load lowering); § 1926.1432 (Multiple crane/derrick lifts—
supplemental requirements); § 1926.1434 (Equipment modifications); § 1926.1435
(Tower cranes); § 1926.1436 (Derricks); § 1926.1437 (Floating cranes/derricks and land
cranes/derricks on barges); § 1926.1438 (Overhead & gantry cranes).

Purpose: This paragraph requires general compliance with many of the requirements in
subpart CC, including a number of information exchange requirements. Each of the
requirements is identified above and the purposes of the collections are set forth in
relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.

§ 1926.1441(b)(2)(i) -- The selection of components, and the configuration of the


equipment, that affect the capacity or safe operation of the equipment complies with
either the:

(A) Manufacturer instructions, recommendations, limitations, and specifications. When


these documents and information are unavailable, a registered professional engineer
familiar with the type of equipment involved must approve, in writing, the selection and
configuration of components; or

(B) Approved modifications that meet the requirements of section § 1926.1434


(Equipment modifications).

Purpose: The written approval documentation required by paragraph (b)(2)(i)(A) serves


as a reference for employees who must recognize and be protected from the hazards
associated with the equipment’s configuration. Obtaining an RPE’s written approval
ensures that any developed instructions, recommendations, limitations, and specifications

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have been evaluated and confirmed to be safe for application for the equipment. The
paperwork burden for the RPE’s written approval is taken under Item 13.

The written documentation required by § 1926.1434, as referenced in §


1926.1441(b)(2)(i)(B), serves as a reference for employees who must recognize and be
protected from the hazards associated with the equipment’s modified configuration as
approved by a qualified person. The burden for this documentation is included in the
burden for § 1926.1434 in Item 12, and OSHA therefore is not taking a separate burden
for § 1926.1441(b)(2)(i)(B).

§ 1926.1441(c)(2) -- Unavailable operation procedures.

(i) When the manufacturer’s procedures are unavailable, develop, and ensure compliance
with, all procedures necessary for the safe operation of the equipment and attachments.

(ii) Ensure that procedures for the operational controls are developed by a qualified
person.

(iii) Ensure that procedures related to the capacity of the equipment are developed and
signed by a registered professional engineer familiar with the equipment.

Purpose: When a manufacturer’s procedures are unavailable, the documentation


requirement ensures that an RPE has developed safe operation procedures related to the
equipment’s capacity.

§ 1926.1441(c)(3)(i) -- The load chart is available to the operator at the control station;

Purpose: This information requirement ensures that the operator of the equipment will
have the information necessary to calculate the parameters of a safe lift. This
requirement becomes especially important on equipment with a hoisting/lifting capability
of 2000 pounds or less because this capacity can be easily exceeded. OSHA considers
this requirement to be a usual and customary practice in the industry as indicated by
similar provisions in ASME B30.5-2000, section 5-1.1.3(a). Therefore, OSHA is not
taking a paperwork burden for this requirement.

§ 1926.1441(c)(3)(ii) -- Procedures applicable to the operation of the equipment,


recommended operating speeds, special hazard warnings, instructions, and operator’s
manual are readily available for use by the operator.

Purpose: The information requirement ensures that the information is immediately


available to an operator so that he or she can use it to make timely determinations that
affect the safe operation of the equipment. OSHA is not taking a paperwork burden for
this requirement because it considers the requirement to be a usual and customary
practice in the industry as indicated by similar requirements in ASME B30.5-2000,
section 5-1.1.3(a).

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§ 1926.1441(c)(3)(iii) – When rated capacities are available at the control station only in
electronic form and a failure occurs that makes the rated capacities inaccessible, the
operator immediately ceases operations or follows safe shut-down procedures until the
rated capacities (in electronic or other form) are available.

Purpose: The availability of the rated capacities is crucial for the safe operation of the
equipment because that information is used by the operator to make determinations about
the safe operation of the equipment. This provision ensures that the equipment will be
tagged out of service if this information is not available. The information exchange
requirement in § 1926.1417(f) ensures that employees will not use the equipment once it
is tagged as out of service. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 5-
2.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.

§ 1926.1441(e) -- Operator qualifications. The employer shall ensure that, prior to


operating the equipment, the operator is trained on the safe operation of the type of
equipment the operator will be using.

Purpose: This training requirement ensures that operators receive training that would
give them the ability to recognize and avoid unsafe conditions related to the operation of
the equipment. The requirement that employers provide training to workers is not
considered to be a collection of information. Therefore, OSHA does not take burden for
this activity under Item 12 of this Supporting Statement.

§ 1926.1441(f) -- Signal person qualifications. The employer shall ensure that signal
persons are trained in the proper use of signals applicable to the use of the equipment.

Purpose: This training requirement ensures that the signal person recognizes and avoids
hazards related to the operation of cranes, and understands how the performance of his or
her duties affects the safety of equipment operations. This requirement also ensures that
communication between the crane operator and the signal person is clear and effective,
and will prevent crane accidents that could be caused by inadequately trained signal
persons. The requirement that employers provide training to workers is not considered to
be a collection of information. Therefore, OSHA does not take burden for this activity
under Item 12 of this Supporting Statement.

3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.

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Employers would be able to use automated, electronic, mechanical, or other technological


information-collection techniques, or other forms of information technology when
establishing and retaining the required records. The Agency wrote the paperwork
requirements of the Standard in performance-oriented language (i.e., in terms of what
data to collect, not how to document the data).

However, several paragraphs of this standard will require employers to prepare written
documents to: establish safe configurations of equipment and operation procedures;
verify critical calculations that affect the safe operation of the equipment; document
employee qualifications; warn employees of hazards; confirm the immediate ordering of
operational aids, and the completion of required inspections. The following paragraphs
of this standard have been identified for these purposes: 29 CFR 1926.1403(b), 29 CFR
1926.1404(j), 29 CFR 1926.1404(m)(1)(i), 29 CFR 1926.1404(m)(1)(ii), 29 CFR
1926.1406(b), 29 CFR 1926.1407(g), 29 CFR 1926.1409*, 29 CFR 1926.1410(d), 29
CFR 1926.1410(e), 29 CFR 1926.1410(f), 29 CFR 1926.1410(j), 29 CFR 1926.1411
Table T, 29 CFR 1926.1412(a)(1)(i), 29 CFR 1926.1412(a)(1)(ii)(A), 29 CFR
1926.1412(c)(2)(i), 29 CFR 1926.1412(e)(2)(i) , 29 CFR 1926.1412(e)(3)(i), 29 CFR
1926.1412(e)(3)(ii), 29 CFR 1926.1412(f)(6), 29 CFR 1926.1412(f)(7), 29 CFR
1926.1412(g)(3), 29 CFR 1926.1412(h), 29 CFR 1926.1413(b)(4), 29 CFR
1926.1413(c)(3)(ii), 29 CFR 1926.1413(c)(4), 29 CFR 1926.1414(e)(2)(iii), 29 CFR
1926.1414(e)(3)(iii), 29 CFR 1926.1417(b)(1), 29 CFR 1926.1417(b)(2), 29 CFR
1926.1417(b)(3), 29 CFR 1926.1417(j)(1), 29 CFR 1926.1424(a)(2)(ii), 29 CFR
1926.1427(a), 1926.1427(c)(1), 1926.1427(c)(2), 1926.1427(f)(6), 1926.1427(h)(1)(i)
and 1926.1427(h)(1)(ii), 29 CFR 1926.1428(a)(1), 29 CFR 1926.1428(a)(2), 29 CFR
1926.1428(a)(3), 29 CFR 1926.1428(b), 29 CFR 1926.1433(e), 29 CFR
1926.1434(a)(1)(i), 29 CFR 1926.1434(a)(1)(ii), 29 CFR 1926.1434(a)(2)(i), 29 CFR
1926.1435(b)(3), 29 CFR 1926.1435(b)(7)(ii), 29 CFR 1926.1435(c)(5), 29 CFR
1926.1435(f)(3)(ii), 29 CFR 1926.1436(g)(4), 29 CFR 1926.1437(c)(2)(ii), 29 CFR
1926.1437(h)(6), 29 CFR 1926.1437(m)(4), 29 CFR 1926.1437(n)(2), 29 CFR
1926.1437(n)(5)(v), 29 CFR 1926.1437(n)(6)(i), 29 CFR 1926.1441(b)(2)(i)(A), 29 CFR
1926.1441(b)(2)(i)(B), 29 CFR 1926.1441(c)(2)(i), 29 CFR 1926.1441(c)(2)(ii), 29 CFR
1926.1441(c)(2)(iii), and 29 CFR 1926.1441(c)(3)(ii). Employers may prepare and
maintain the written documents in electronic form, provided that where a signature is
required such signature is captured in electronic form. Alternatively, employers may
prepare a paper document and scan and maintain electronic copies of these documents.

* All 29 CFR 1926.1409 provisions are accounted with applicable provisions of 29 CFR
1926.1407 and 1926.1408.

4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.

The requirements to collect and retain information are specific to each piece of
equipment and the conditions under which it is operated, and no other source or agency
duplicates these requirements or can make the information available to OSHA (i.e., the
information is available only from employers).

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5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB
Form 83-I), describe any methods used to minimize the burden.

The information-collection requirements specified by the Standard would not have a


significant impact on a substantial number of small entities.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted
or is conducted less frequently, as well as any technical or legal obstacles to reducing the burden.

The Agency believes that the information-collection frequencies required by the Standard
are the minimum frequencies that would be necessary to effectively regulate the
equipment covered by this standard and, thereby, fulfill its mandate “to assure so far as
possible every working man and woman in the nation safe and healthful working
conditions and to preserve our human resources” as specified in the Act at 29 U.S.C. 651.
Accordingly, if employers do not perform the information collections, or delay in
providing this information, employees may be subject to an increased risk of death and
serious injury when working on or near cranes or derricks.
7. Explain any special circumstances that would cause an information collection to be conducted in
a manner:

· requiring respondents to report information to the agency more often than quarterly;

· requiring respondents to prepare a written response to a collection of information in fewer


than 30 days after receipt of it;

· requiring respondents to submit more than an original and two copies of any document;

· requiring respondents to retain records, other than health, medical, government contract,
grant-in- aid, or tax records, for more than three years;

· in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe of study;

· requiring the use of a statistical data classification that has not been reviewed and approved
by OMB;

· that includes a pledge of confidentially that is not supported by authority established in


statue or regulation, that is not supported by disclosure and data security policies that are
consistent with the pledge, or which unnecessarily impedes sharing of data with other
agencies for compatible confidential use; or

· requiring respondents to submit proprietary trade secret, or other confidential information


unless the agency can prove that it has instituted procedures to protect the information's
confidentially to the extent permitted by law.

Employers are required to place a tag in the cab of equipment when it is removed from
service because it is not functioning properly. The information exchange requirement in
§ 1926.1417(f) ensures that employees can identify unsafe components of the equipment,
and thereby avoid unsafe operation of the equipment, because the equipment is tagged as

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out of service. This written exchange of information must be provided as soon as


possible after malfunctioning equipment is taken out of service, and necessarily within 30
days, to avoid injury from the use of that equipment by employees who are not aware of
the malfunction.

The 5-year time period for a valid third-party crane operator certification, as required by
1926.1427(d)(4), is a long-standing industry practice. The third-party certification
organizations established this time period prior to the issuance of OSHA’s Crane and
Derricks in Construction Final Rule in 2010 (75 FR 47906). The time period was
recommended by industry stakeholders during negotiated rulemaking. Likewise, the 5-
year time period for a valid certification issued by an employer-audited program in §
1926.1427(e)(6)(ii) matches the time period for the third-party certification.

Under 1926.1427(f)(6), the employer must make the evaluation document available at the
worksite while the operator is employed by the employer. This is necessary so that the
employer can use the record for comparison with future equipment usage, thereby
reducing the need for additional evaluations.

§1926.1437(h)(6) requires documentation of the four-year inspection of floating cranes


and derricks, as required in paragraph (h)(5) of the same section, be retained for a
minimum of 4 years. The time period was recommended by industry stakeholders during
negotiated rulemaking. The preamble of the proposed rule states, “The committee chose
a once-every-four-year time period for surveying the internal portion of a vessel/flotation
device based on the comments of individuals from the marine construction industry that
this frequency reflects the prevailing industry practice and provides adequate safety.” The
four year retention provision enables the employer to track changes in the condition of
the vessel from the previous inspection, thereby correcting hazards in a timely manner.

No other special circumstances exist that would require employers to collect the
information using the procedures specified by this Item. The requirements are within the
guidelines set forth in 5 CFR 1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to those comments. Specifically address
comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years - even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation
in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act (44 U.S.C. 3506(c)(2)(A)), OSHA

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published a notice in the Federal Register (February 26, 2020; 85 FR 11115) soliciting
comments from the public and other interested parties on the collections of information
contained in the Cranes and Derricks in Construction Standard (29 CFR 1926, subpart
CC) (Docket No. OSHA-2013-0021). The notice is part of a preclearance consultation
program that provided interested parties with the opportunity to comment on OSHA’s
request for an extension by the Office of Management and Budget (OMB) of a previous
approval of the collections of information found in the Standard. The Agency will
respond to substantive public comments received on the notice.

9. Explain any decision to provide any payments or gift to respondents, other than remuneration of
contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the
assurance in statute, regulation, or agency policy.

The collections of information specified by the Standard do not involve confidential


information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior
and attitudes, religious beliefs, and other matters that are commonly considered private. This
justification should include the reasons why the agency considers the questions necessary, the specific
uses to be made of the information, the explanation to be given to persons from whom the
information is requested, and any steps to be taken to obtain their consent.

None of collections of information in the Standard require sensitive information.

12. Provide estimates of the hour burden of the collection of information. The statement should:

· Indicate the number of respondents, frequency of response, annual hour burden, and an
explanation of how the burden was estimated. Unless directed to do so, agencies should
not conduct special surveys to obtain information on which to base hour burden
estimates. Consultation with a sample (fewer than 10) of potential respondents is
desirable. If the hour burden on respondents is expected to vary widely because of
differences in activity, size, or complexity, show the range of estimated hour burden, and
explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.

· If this request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

· Provide estimates of annualized cost to respondents for the hour burdens for collections
of information, identifying and using appropriate wage-rate categories.

For purposes of determining burden hours and costs in this ICR, the estimated number of
crane operators and cranes used annually in construction are derived from estimates
found in the Final Economic Analysis (FEA) for the 2010 cranes and derricks standard
and subsequent rulemakings.

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The total number of PRA respondents covered by the Cranes and Derricks in
Construction ICR is estimated at 212,625 establishments. 3

The agency estimates the number of establishments employing crane operators is


119,904. 4 The estimated number of cranes used annually in construction is 115,829. 5
Also, OSHA conservatively estimated in the FEA for the 2010 cranes and derricks
standard that each derrick performed on average 5 jobs annually. Applying this 5-to-1
ratio to the digger derricks results in a total estimate of 35,360 jobs exempted from
coverage under the cranes and derricks standard. OSHA subtracts these 35,360 jobs from
the total number of annual jobs (1,146,703), for a revised total of 1,111,343 jobs.

Wage Rates

In determining the wage rates for the various occupations that perform the paperwork
requirements, the Agency relied on the rates used in the PEA and other cranes and
derricks rulemakings including the recent operator qualification final rule, updated with
2018 data. The estimated wages are based on the level of expertise and authority of the
individuals when designated to perform duties required by the standard. Wage rates are
from the 2018 Occupational Employment Statistics of the BLS Standard Occupational
Codes (SOC) are given for each case. Wages include fringe benefits, calculated from the
Employer Costs for Employee Compensation, December 2018. For the construction
industry, this gives a fringe benefit markup of 1.445. The estimated wage rates are listed
as follows:

WAGE HOUR ESTIMATES

3
There are 209,851 respondents approved currently under this ICR. The incorporation of the Crane
Operator Qualification final rule (83 FR 56198), approved under OMB control number 1218-0270, adds
another 2,774 respondents.

4
Source: 79 FR 57793, 82 FR 51993 and 83 FR 56198.

5
In previous ICRs, the Agency had estimated 111,991 cranes used annually in construction, excluding
digger derricks. Upon further careful review of previous economic analyses for the rulemakings associated
with the Standard, the Agency is adjusting this ICR estimate. Specifically, the adjusted estimate of 115,829
cranes used annually in construction is based on the Agency’s previous estimate that there were 122,901
cranes covered by the 2010 rule (see: 75 FR 48108) and 7,072 cranes removed from that total because they
are expected to be covered by the digger derrick exemption for electric power work conducted under
subpart V of 29 CFR 1926 (see 1926.1400(c)(4)). The number of estimated digger derricks was calculated
as follows: 8,320 cranes used for electric power work typically subject to subpart V (2,650 cranes from
NAIC 221110, Electric Power Generation, and 5,670 cranes from NAIC 221120, Electric Power
Transmission Control and Distribution; source 2010 FEA, Table B-11 (75 FR 48107)). In the digger derrick
exemption rulemaking, OSHA determined that of the cranes used for electric power work, 85% were digger
derricks and the remaining 15% were other forms of equipment covered by the standard (source 2013 FEA
(78 FR 32114)). Therefore, the calculation for the total number of cranes used annually construction is:
122,901 – (.85 *8,320) =115,829.

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Occupational Title Standard Mean Hour Fringe Loaded Hourly


Occupati Wage Rate Benefits Wage Rate
on Code (A) (B) (C) = ((A) x (B))
First-Line Supervisors 47-1011 $33.91 1.445 $49.00
of Construction Trades
and Extraction
Workers (Qualified
Person)
First-line Supervisors 53-1031 6 $30.24 1.445 $43.70
of Transportation and
Material-Moving
Machine and Vehicle
Operator
Crane and Tower 53-7021 $27.96 1.445 $40.40
Operators
A/D Director 53-7021 $27.96 1.445 $40.40
Shift Director 53-7021 $27.96 1.445 $40.40
Professional Engineer 17-2199 $47.80 1.445 $69.08
Auditor 47-4011 $43.87 1.445 $43.87
Signal Person 47-4090 $20.68 1.445 $29.88
Competent Person 47-4090 $20.68 1.445 $29.88
Spotter 47-3019 $15.56 1.445 $22.49
Gen. Constr. 47-3019 $15.56 1.445 $22.49
Employee
Qualified Rigger 49-9096 $24.68 1.445 $35.66

File Clerk (Clerical 43-4071 $16.25 1.445 $23.48


Employee)

6
The 2018 OES does not include the same occupation category for crane inspector (SOC 53-1031 First-
Line Supervisors of Transportation and Material-Moving Machine and Vehicle Operators) that was in the
2016 OES and the Crane Operator Qualification Proposed Rule (83 FR 23534). Like the Crane Operator
Final Rule (83 FR 56198), the agency instead proxies the 2018 mean wage for this SOC category by
adjusting the 2018 OES crane operator wage by the percentage markup of the 2016 crane inspector wage
over the 2016 crane operator wage (8%, 28.75/26.58). This gives an estimated crane inspector annual wage
of $30.24 (27.96 x 1.08). Including a benefit markup of 1.445, this gives full wages of a crane operator,
$40.40, and a crane inspector, $43.70.

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1) 29 CFR 1926.1402(c)(2)

OSHA estimated that equipment covered by this subpart is used to perform 1,500 jobs
per year and it is assumed that at least one set-up occurs for each of these jobs. OSHA
estimates that a large percentage of these jobs will be performed using equipment.

OSHA construction staff believes it is a usual and customary practice for operators,
especially of equipment rental employers, to get information from the controlling
employer at the worksite regarding known hazards beneath equipment set up areas.
Therefore, OSHA construction staff estimates that for employers on 1,500 jobs, mostly
when non-rental equipment is used, this required information exchange will be performed
as a work practice that is new to the employer. Typically, OSHA would estimate that
obtaining and providing this information would take employers about 10 minutes (.08
hour) if the information is available on site. However, if the required information is kept
off site, it is anticipated that the controlling employer would most likely access this
information, by phone, facsimile, computer but in a few instances, there would be a need
to go off site. Therefore, OSHA construction staff estimate that it would take a
controlling employer, most likely a shift director, 30 minutes (30/60 hour) to obtain and
provide the required information regarding the location of known hazards beneath the
equipment set-up area to equipment users and operators. The estimated annual burden
hours and cost for this paragraph is:

Burden hours: 1,500 (jobs- info exchange as a new practice) x 30/60 hour (time for
exchange of info.) = 750 hours per year

Cost: 750 hours x $ 40.40 per hour (wage- shift director) = $ 30,300 per year

2) 29 CFR 1926.1403(b) and 1926.1406(b)

OSHA believes that for most equipment used to perform construction activities, it is a
usual and customary practice for the owners and manufacturers to provide procedures for
the A/D of their equipment. Therefore, OSHA construction staff estimates that 10
employers of primarily older models of equipment may own or use equipment that does
not have the required documentation. These employers will use a qualified person, most
likely an A/D director with the knowledge to develop such procedures, who will take 1.5
(90/60 hours) to develop and document, and 1 minute (1/60 hour) to maintain, procedures
for safely performing A/D operations. The yearly burden hours and cost of this provision
is estimated to be:

Burden hours: 10 (equip. without A/D procedures) x (90/60 hours (develop and
document) + (1/60) hour (maintain)) = 15 hours per year

Cost: 15 hours per year x $ 40.40 per hour (wage - A/D director) = $ 606 per year

3) 29 CFR 1926.1404(f)(2)

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OSHA construction staff estimates that 50 A/D jobsites per year will be configured such
that it would be necessary for an employee to be under the boom, jib, or other
components when pins (or similar devices) are being removed during A/D operations. It
is estimated that it would take an A/D director one half hour (30/60 hour) to determine
alternatives to the A/D plan that would minimize the duration and exposure of employees
to the hazard of unintended, dangerous movements of the equipment. OSHA staff also
estimates that employers would most likely communicate information about this plan to
its employees in a 10 minutes (10/60 hour) meeting before A/D operations are
performed.

Burden hours: 50 (jobs where employees are under boom) x [30/60 hour
(determination) + 10/60 hour (meeting)] = 33 hours

Cost: 33 hours x $ 40.40 per hour (wage of A/D director) = $ 1,333 per year

4) 29 CFR 1926.1404(j)

This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when information is not available for the employer
to reference and ensure that the manufacturers’ limitations have not been exceeded
regarding the maximum length of boom that may be supported by only cantilevering
during A/D operations. OSHA construction staff estimates that 20% of the 1,111,343
hoisting jobs performed in construction will require A/D. It is further estimated that
equipment in only 20% of these jobs will need the boom supported by only cantilevering
during A/D work. OSHA construction staff estimates that 1% of the equipment used on
these jobs, primarily older equipment models, will not have information available from
the manufacturer regarding cantilevered boom support. The burden for developing and
documenting the required information is addressed in Item 13. The burden taken here is
for the employer’s clerical staff to maintain the documentation produced by the RPE.
The yearly burden hours and cost of maintaining the documentation required by this
paragraph are estimated to be:

Burden hours: 1,111,343 (hoisting jobs) x .20 (A/D jobs) x .20 (% with cantilevered
boom support) x .01 (equipment w/o man. specs) x 1/60 hour (maintain documentation)
= 7 hours per year

Cost: 7 hours per year x $ 23.48 per hour (wage-clerical) = $164 per year

5) 29 CFR 1926.1404(m)(1)(i); cost for 29 CFR 1926.1404(m)(1)(ii) taken under 29 CFR


1926.1434

This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when selection of components and configurations

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of the equipment that affect the capacity are not in accordance with the manufacturer’s
specifications. OSHA construction staff estimates that 20% of the 1,111,343 hoisting
jobs performed in construction will require A/D. OSHA construction staff further
estimates that, primarily for older equipment, employers will exercise this option during
1% of these jobs when the manufacturer specifications are not available. The burden for
developing and documenting the required information is addressed in Item 13. The
burden taken here is for the employer’s clerical staff to maintain the documentation
produced by the RPE. The yearly burden hours and cost of maintaining the
documentation required by this paragraph are estimated to be:

Burden hours: 1,111,343 (total jobs) x .20 (A/D jobs) x .01 (equip. w/o man. specs) x
1/60 hours (to maintain documents) = 37 hours

Cost: 37 hours x $ 23.48 per hour (wage- clerical) = $ 869 per year

6) 29 CFR 1926.1406(b)

(See calculations of burdens/costs for 29 CFR 1926.1403(b))

7) 29 CFR 1926.1407(a)(1)(i), (a)(3)(i), (c), (d), (e), (f), and 29 CFR 1926.1409.

When equipment will be used in the vicinity of power lines, employers may have to
contact the utility owner to use Table A and meet the requirements of several provisions
of this standard. OSHA concludes that these employers will contact the utility owner in a
phone call/fax or a series of phone calls/faxes to: confirm that the power lines are de-
energized and grounded; confirm whether or not it is infeasible to de-energize and ground
the power lines; or to confirm the voltage of the power line. Therefore, the burdens and
costs for several provisions of this standard with these requirements are all calculated
under this provision.

OSHA estimates that 20% of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. In addition, OSHA construction staff estimates that on 20 % of
these jobs, A/D will be performed. For these A/D jobs, OSHA construction staff
estimates that the employer, most likely the A/D director, would take a total of 15
minutes (15/60 hours) to make calls to the utility to: confirm that the power lines are
deenergize and grounded; confirm whether or not it is infeasible to deenergize and
ground the power lines; or to confirm the voltage of the power line. The Agency
estimates it will take an electric utility representative, with a wage rate equal to that of a
competent person, 30 minutes (30/60 hour) to respond to these requests. The estimated
annual burden hours and cost of this paragraph are:

1,111,343 (total hoisting jobs) x .20 (jobs close to power lines) x .20 (A/D jobs) = 44,454
hoisting jobs

Burden hours:

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A/D Director hours: 44,454 (hoisting jobs) x (15/60) hours (for A/D director to make
calls) = 11,114 hours

Utility Representative hours: 44,454(jobs) x (30/60) hours (for utility, competent person
to respond) = 22,227 hours per year

Cost:

A/D Director cost: 11,114 hours x $ 40.40 (wage – A/D Director) = $449,006

Utility Representative cost: 22,227 (hours for utility company to respond) x $ 69.08
(wage– equivalent to professional engineer) = $1,535,441

Total burden hours: 33,341 hours per year


Total cost: $1,984,447per year

8) 29 CFR 1926.1407(c)

(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))

9) 29 CFR 1926.1407(d)

(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))

10) 29 CFR 1926.1407(e)

(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))

11) 29 CFR 1926.1407(f)

(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))

12) 29 CFR 1926.1407(g) and 1926.1409

This provision also applies to power lines that are above 350 kV in accordance with
section 1926.1409. This paragraph requires that at least one electrocution hazard warning
must be posted in the cab and two more must be posted outside of the equipment at these
jobsites. The Agency assumes that signs would last five years (i.e., an average annual
replacement rate of 20%), and that it would take a general construction employee 10
minutes (10/60 hour) to fabricate and post a sign. OSHA estimates the annual burden
hours and cost for this requirement are:

115,829 (# equipment) x .20 (annual replacement rate) = 23,166 respondents posting


signs

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Burden hours: 23,166 (respondents posting signs) x 10/60 hour (posting) = 3,861 hours
per year

Cost: 3,861 hours per year x $ 22.49 per hour (wage- construction employee) =
$86,834 per year

13) 29 CFR 1926.1408(a)(2)(i), (iii)(A), (c), (d)(1), (e), 29 CFR 1926.1409, 29 CFR
1926.1410(c)(1), and (j) (For all non A/D work around Power lines (all voltages and
operations closer than Table A))

When equipment will be used in the vicinity of power lines, employers may have to
contact the utility owner to use Table A and meet the requirements of several provisions
of this standard. OSHA concludes that these employers will contact the utility owner in a
phone call/fax or a series of phone calls/faxes to: confirm that the power lines are de-
energized and grounded; confirm whether or not it is infeasible to de-energize and ground
the power lines; or to confirm the voltage of the power line. Therefore, the burdens and
costs for several provisions of this standard with these requirements are all calculated
under this provision.

OSHA estimates that 20% of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. In addition, OSHA construction staff estimates that on 20 % of
these jobs, A/D will be performed. Those burdens are accounted in the calculations for
29 CFR 1926.1407(a). For the remaining 80% (non A/D jobs), OSHA construction staff
estimates that it will take 15 minutes (15/60 hour) for the employer, most likely the shift
director, to make calls the utility to: confirm that the power lines are deenergized and
grounded; confirm whether or not it is infeasible to deenergize and ground the power
lines; or to confirm the voltage of the power lines. The Agency estimates it will take an
electric utility representative, equal to the wage rate of a competent person, 30 minutes
(30/60 hour) to respond to these requests. The estimated annual burden hours and cost of
this proposed paragraph are:

1,111,343 (total hoisting jobs) x 20% (jobs close to power lines) x .80% (non A/D jobs =
177,815 jobs

Burden hours:
Shift Director hours: 177,815 (jobs) x 15/60 hours (for shift director to make calls) =
44,454 hours

Utility Representative hours: 177,815 (jobs) x 30/60 hours (for utility, competent
person to respond) = 88,908 hours

Cost:
Shift Director cost: 44,454 hours x $ 40.40 per hour (wage- shift director) =
$ 1,795,942

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Utility Representative cost: 96,909 hours x $ 69.08 (wage - equivalent to professional


engineer)) = $6,141,765 per year

Total burden hours: 133,362 hours


Total cost: $ 7,937,707 per year

14) 29 CFR 1926.1408(c)

(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))

15) 29 CFR 1926.1408(d)(1)

(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))

16) 29 CFR 1926.1408(e)

(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))

17) 29 CFR 1926.1409

(See calculations of burdens/costs for 1926.1407 and 1408 provisions)

18) 29 CFR 1926.1410(e)

During this meeting the participants would discuss these procedures as required in 29
CFR 1926.1410(d), which is a usual and customary practice in the industry. See, e.g.,
ASME B30.5-2004 5-3.4.5.3(a). In addition, the employer must document the
procedures and make them immediately available as required by 29 CFR 1926.1410(e).
OSHA estimates it takes the shift director 30 minutes (30/60 hour) to document the plan.
The Agency further estimates that it would take an employer 2 minutes (2/60 hour) to
make the plans immediately available on site. OSHA estimates the annual burden hours
and cost for this requirement are:

1,111,343 (total hoisting jobs) x .20 (jobs in proximity to power lines) x .15 (closer than
Table A) = 33,340 hoisting jobs

Burden hours: 33,340 (hoisting jobs) x ((30/60) + (2/60)) hour (to document and make
plan available) = 17,781 hours

Cost: 17,781 hours per year x $ 40.40 (wage- shift director) =$718,352

19) 29 CFR 1926.1410(f)

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OSHA estimates that 20% of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. OSHA construction staff estimates that 15% of those jobs will be
performed closer to the power line than Table A allows. Employers, most likely the shift
director, and the utility operator on these jobs are required by this standard to conduct a
meeting that will allow the equipment operator and other employees who will be in the
area of the equipment or load to review the hoisting procedures documented in
accordance with paragraph (e) of this section. The Agency believes that for most of the
participants, this meeting is a usual and customary practice in the industry. See, e.g.,
ASME B30.5-2004 5-3.4.5.3(a). However, the participation of the utility representative
may not be usual and customary, so OSHA is calculating the burden for the participation
of the utility representative. The Agency believes it would take the utility representative
15 minutes (.25 hour) to plan and participate in this required meeting. OSHA estimates
the annual burden hours and cost for this requirement are:

1,111,343 (total hoisting jobs) x .20 (jobs in proximity to power lines) x .15 (closer than
Table A) = 33,340 hoisting jobs

Burden hours: 33,340 (hoisting jobs) x 15/60 hour (plan/participate meeting) = 8,335
hours per year.

Cost: 8,335 hours per year x $ 69.08 (utility rep at wage equivalent to professional
engineer) = $575,782 per year

20) 29 CFR 1926.1410(j)

OSHA estimates that 20% of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. OSHA construction staff estimates that 15% of those jobs will be
performed closer to the power line than Table A allows. OSHA construction staff
estimates that 1% of the procedures developed for these scenarios in accordance with
paragraph (d) of this section will have deficiencies. There is no burden for the employer’s
time to develop a new plan because it is a usual and customary practice in the industry.
See, e.g., ASME B30.5-2004 5-3.4.5.3(a). OSHA construction staff estimates that in
these scenarios, the employer will need to document and make available the revised
procedures to comply with paragraph (e) of this section. It is estimated that it would take
the employer 30 minutes (30/60 hour) to document the revised plans and 2 minutes (2/60
hour) make the plans available. In addition, utility representatives will need to participate
in a meeting to review the revised plans in accordance with paragraph (f) of this section.
OSHA estimates that it would take the utility representative 15 minutes (15/60 hours) to
plan and participate in the meeting. OSHA estimates the annual burden hours and cost
for 29 CFR 1926.1410(j) are:

1,111,343 (total hoisting jobs) x .20 (jobs in proximity to power lines) x .15 (closer than
Table A) x .01 (plans needing revisions) = 333 hoisting jobs

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Burden hours for shift director: 333 (hoisting jobs) x 32/60 hours (to document and
maintain) = 178 hours

Cost: 178 hours per year x 40.40 (shift director) = $7,191

Burden hours for utility representative: 333 (hoisting jobs) x .25 hours (utility rep to
plan and participate) = 83 hours

Cost: 83 hours per year x $ 69.08 per hour (utility representative at wage equivalent
to professional engineer) = $ 5,734

21) 29 CFR 1926.1412(a)(1)(i)

Of the 115,829 cranes in use per year as estimated, OSHA construction staff estimates
that 1% of this equipment will be modified. In these scenarios, a qualified person must
inspect such modifications to ensure the modifications were completed in accordance
with section 29 CFR 1926.1434, Equipment Modifications. OSHA construction staff
estimates that it would take a qualified person 20 minutes (20/60 hour) to obtain the
modification approval document and confirm through inspection that the equipment
modification meets the conditions specified on the approval document. OSHA estimates
that the annual burden hours and cost of this provision are:

115,829 (equip. per year) x .01 (modified equipment) = 1,158 (modified equipment)

Burden hours: 1,158 (modified equipment) x 20/60 hour (obtain) = 386 hours

Cost: 386 hours per year x $ 49.00 per hour (wage of qualified person) = $18,914

22) 29 CFR 1926.1412(b)(1)(ii)(A)

OSHA estimates that 1,111,343 hoisting jobs will be performed per year in the
construction industry. OSHA construction staff estimates that on 70% of these jobs,
pieces of equipment will be used on which repairs/adjustments have been made that will
affect the safe operation of the equipment. OSHA construction staff also estimates that
the manufacturer’s equipment criteria will not be available for .5% of those jobs using
repaired/adjusted pieces of equipment. Under these scenarios, a qualified person must
determine if he or she must develop criteria or if an RPE is needed to do so. Although it
is not explicitly required by this provision, the Agency assumes that 70% of the qualified
persons will opt to develop and document the criteria and 30% will opt to consult a
registered professional engineer. Although not explicitly required, OSHA estimates that
80% of those qualified persons will document the developed criteria. OSHA construction
staff estimates that it would take a qualified person, on average 1.5 hours (90/60) to develop
and document, 1 minute (1/60 hour) to maintain, and 5 minutes (5/60 hour) to make
available the required information. The employer is required to make this documentation

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available to all inspectors in accordance with 29 CFR 1926.1412(k). The yearly burden
hours and cost of this paragraph are estimated to be:

1,111,343 (total hoisting jobs) x .70 (repairs/adjustments made affecting safe operation of
equipment) x .005 (equipment w/o mfr criteria) x .70 (done by qualified person) x .80
(will document) = 2,178 hoisting jobs

A. Development and Documentation:

Burden hours: 2,178 (hoisting jobs) x 90/60 hour = 3,267 hours per year

Cost: 3,267 hours per year x $ 49.00 per hour (qualified person) = $160,083

B. Maintaining and Making Available:

Although some of the documentation required by this section would be produced by the
employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:

1,111,343 (total hoisting jobs) x .70 (repairs/adjustments made affecting safe operation of
equipment) x .005 (equipment w/o mfr criteria) x .80 (will document) = 3,112 hoisting
jobs

Burden hours: 3,112 (hoisting jobs) x 6/60 hour (maintain and make available) = 331
hours per year

Cost: 331 hours x $23.48 per hour (wage – clerical) = $ 7,302

Total burden hours: 3,578


Total cost: $167,385

23) 29 CFR 1926.1412(c)(2)(i)

OSHA construction staff estimates that 20% of the 1,111,343 hoisting jobs performed in
construction will require A/D. OSHA construction staff estimates that on .5% of these A/D
jobs, equipment will be used for which the manufacturer’s recommended configurations will not be
available. Under these scenarios, a qualified person must determine if he or she must
develop criteria that establishes safe configurations of the equipment or if there is a need
for an RPE to make such determinations. Although it is not explicitly required by this
provision, OSHA estimates that 70% of the qualified persons will opt to develop the
criteria and the other 30% would utilize an RPE. Of the 70% of qualified persons that
will develop their own criteria, OSHA estimates that 80% of those qualified persons will
document the information. OSHA construction staff estimates that it would take a qualified

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person 1.5 hours (90/60 hour) to develop and document, 1 minute (1/60 hour) to
maintain, and 5, minutes (5/60 hour) to make available the required information. The
yearly burden hours and cost of this paragraph are estimated to be:

A. Development and Documentation:

1,111,343 (total hoisting jobs) x .20 (A/D jobs) x .005 (equip. w/o mfr. criteria) x .70
(done by qualified person) x .80 (will document) = 622 hoisting jobs

Burden hours: 622 (hoisting jobs) x (90/60) hours = 933 hours per year

Cost: 933 hours per year x $ 49.00 per hour (qualified person) = $45,717 per year

B. Maintaining and Making Available:

Although some of the documentation required by this section would be produced by the
employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:

1,111,343 (total hoisting jobs) x .20 (A/D jobs) x .005 (equip. w/o mfr. criteria) x .80
(will document) = 889 (hoisting jobs)

Burden hours: 889 (hoisting jobs) x 6/60 hours to maintain and make available = 89
hours per year

Cost: 89 hours x $ 23.48 per hour (wage – clerical) = $ 2,090

Total burden hours: 1,022


Total cost: $47,807

24) 29 CFR 1926.1412(e)(3)(i), (e)(3)(ii), (f)(6), (g)(3), (h), 1926.1413(b)(4) and


(c)(3)(ii), and 1926.1437(h)

Paragraph (e)(3)(i) of this section requires documentation of monthly inspections (12 per
year) for the 115,829 pieces of hoisting equipment used in the construction per year as
OSHA estimates. The employer must then maintain these monthly inspections for 3
months in accordance with paragraph (e)(3)(ii) of this section. The employer must also
meet the requirements of this provision in accordance with paragraph (h) of this section
when the equipment has been idle for three months or more. Similarly, a documentation
of monthly inspections of wire rope (1926.1413(b)(4)) used with the equipment is
required. Subsequently, any deficiencies found during specified inspections must be
tracked on the monthly inspection records in accordance with 29 CFR 1926.1412(f)(6),
(g)(3) and 1926.1413(c)(3)(ii). Therefore all of these identified documentation and

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maintenance burdens will be taken under this provision since it is assumed one document
will be used for these purposes.

OSHA estimates that a large percentage of these jobs will be performed using rented
equipment for which the documentation and maintenance of monthly inspection records
is done as a usual and customary business practice. Therefore, OSHA construction staff
estimates that for 4,500 cranes, mostly non rental equipment, employers would
document, sign, maintain, and make available this collection of information for three or
four months as a new work practice. In most cases, the documentation of this inspection
will be a checklist form on which the inspector will write comments about his or her
observations and sign. OSHA construction staff estimates that it would take a competent
person an average of 15 minutes (15/60 hour) to document/sign/maintain and 5 minutes
(5/60 hour) to make available this form. The yearly burden hours and cost of this
paragraph are estimated to be:

Burden hours: 4,500 (cranes- documentation of inspections as a new work practice) x


12 (monthly inspections per year) x [15/60 hour (documentation/maintenance) + 5/60
hour (make available)] = 18,000 hours per year

Cost: 18,000 hours per year x $ 29.88 per hour (wage- competent person) =
$537,840 per year

25) 29 CFR 1926.1412(f)(6)

Burden hours/costs for 29 CFR 1926.1412(f)(6) are accounted in calculations for 29 CFR
1926.1412(e)(3). (See calculations of burdens/costs for 29 CFR 1926.1412(e)(3)).

26) 29 CFR 1926.1412(f)(7), 1926.1413(c)(4), and 1926.1437(h)

Paragraph (f)(7) of this section requires documentation of annual inspections for the
pieces of hoisting equipment used in the construction. Additional information taken in
this provision includes documentation for the annual inspections of wire rope
(1926.1413(c)(4)), and annual (1926.1437(h)(4)) and quadrennial (1926.1437(h)(5))
inspections of external vessel/flotation devices used with the equipment. All of these
burdens will also be taken under this provision.

Paragraph 1926.550(a)(6) requires the employer to maintain records of annual


inspections. In addition, sections 5-2.1.5 of ASME B30.5-2000 and 3-2.1.4 of ANSI
B30.3-2004 require the employer to sign documentation of the periodic (monthly to
annually) inspection of critical parts of the equipment. OSHA concludes that these
consensus standard requirements are an indication that the documentation of inspections
for hoisting equipment is a standard industry practice. OSHA also estimates that a large
percentage of the 115,829 cranes and derricks used in the construction industry are rented
and the documentation and maintenance of the annual/comprehensive inspection records
is done as a usual and customary business practice. Therefore, OSHA construction staff

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estimates that for 7,500 cranes, mostly non rental equipment, employers will document
and maintain this required inspection as a new work practice. Subsequently, the FEA
estimates that it would take a qualified person an average of 15 minutes (15/60 hour) to
prepare/sign/maintain documentation of the completion of the annual/comprehensive
inspection as required by § 1926.1412(f) and §1926.1437(h). It is estimated that it would
take this employee 5 minutes (5/60 hour) to make this document available during the
performance of other inspections required by this section. The yearly burden hours and
cost of this paragraph are estimated to be:

Burden hours: 7,500 (equip- doc/main as a new practice) x [15/60 hour (doc/main) +
5/60 hour (make available)] =2,500 hours per year

Cost: 2,500 hours x $ 49.00 per hour (wage- qualified person) = $ 122,500 per
year

27) 29 CFR 1926.1412(g)(3)

Burdens/costs for this provision taken in calculations for 29 CFR 1926.1412(e)(3). (See
section 1926.1412(e)(3) for accounting of burden hours)

28) 29 CFR 1926.1412(h)

Burden taken in calculations for 29 CFR 1926.1412(e)(3). (See section 1926.1412(e)(3)


for accounting of burden hours)

29) 29 CFR 1926.1412(k)

Burdens taken in requirements of 29 CFR 1926.1412 for which documentation burdens


are calculated when documents must be made available. (See calculations in section
1926.1412 for accounting of burden hours)

30) 29 CFR 1926.1413(a)(4)(ii)(A)

OSHA believes that number of shifts per hoisting job in construction is too variable to try
to estimate how many occur in the industry per year. However, OSHA estimates that
1,111,343 hoisting jobs will be performed in the construction industry per year. OSHA
construction staff estimates that during shift inspections on 1% of these jobs, Category II
wire rope deficiencies will be discovered that will require the employer to make an
assessment of continued safe operations of equipment if the damaged wire rope continues
to be used. Furthermore, OSHA construction staff estimates that during the inspection of
75% of these hoisting jobs, the employer will opt to simply remove the damaged rope
from service. The remaining 25% of the employers will opt to obtain written approval
from the manufacturer for different criteria which would allow the rope to remain in
service. The burden for reviewing and documenting a response from the manufacturer is
addressed in Item 13. The burden taken here is for the employer’s clerical staff to

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maintain (1/60 hours) and make available (5/60 hours) the documentation produced by
the manufacturer’s qualified person. The yearly burden hours and cost of maintaining the
documentation required by this paragraph are estimated to be:

1,111,343 (jobs per year) x .01 (insp. w/ Cat II damaged wire rope) x .25 (employers.
who opt to get approval) = 2,778 (jobs per year)

Burden hours: 2,778 (jobs per year) x 6/60 hours (maintain and make available) = 278
hours per year

Cost: 278 hours per year x $ 23.48 per hour (wage- clerical) = $6,527 per year

31) 29 CFR 1926.1413(b)(4)

Burden hours/costs are accounted as part of monthly inspection documentation required


by section 1926.1412(e)(3). (See section 1926.1412(e)(3) for accounting of burden hours)

32) 29 CFR 1926.1413(c)(3)(ii)

Burdens/costs for this provision taken in calculations for 29 CFR 1926.1412(e)(3). (See
section 1926.1412(e)(3) for accounting of burden hours)

33) 29 CFR 1926.1413(c)(4)

Burden hours/costs are accounted as part of monthly inspection documentation required


by section 1926.1412(f)(7). (See section 1926.1412(f)(7) for accounting of burden hours)

34) 29 CFR 1926.1413(e)

Burdens taken in requirements of 29 CFR 1926.1412 for which documentation burdens


are calculated. (See calculations in section 1926.1412 for accounting of burden hours)

35) 29 CFR 1926.1414(e)(2)(iii)

OSHA construction staff estimates that on 500 hoisting jobs performed in construction,
Type I rotation-resistant wire rope that has a design factor of less than 5 will be used. Of
those hoisting jobs, OSHA construction staff estimates that employers on only 10 % of
those jobs would request manufacturer’s approval to perform duty cycle or repetitive
loads. This estimate was made because it is assumed that 90% of the employers would
merely opt to get a more appropriate grade of wire rope for the job. Subsequently, OSHA
construction staff believes it would take employers, most likely a competent person, 30
minutes (30/60 hour) to generate a request that obtains written approval (from both the
equipment and wire rope manufacturers) to use the Type I rotation-resistant wire rope
under prescribed worksite conditions; and 1 minute (1/60) to maintain the written
approval. The yearly burden hours and cost of this paragraph are estimated to be:

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500 (jobs/Type I rope used) x .10 (jobs w/approval requests) = 50 (jobs/Type I rope used)

Burden hours: 50 (jobs/Type I rope used) x 31/60 hour document/maintain) = 26 hours


per year

Cost: 26 hours per year x $ 29.88 (wage- competent person) = $ 777 per year

However, OSHA construction staff estimates that 150 hoisting jobs will be performed
annually using Type II and III rotation-resistant wire rope with a design factor of less
than 5. Subsequently, it would take, most likely a competent person, 10 minutes (10/60
hours) to document, on the documentation required for the monthly and annual
inspections, the hoisting jobs performed with this rope. The yearly burden hours and cost
of this proposed paragraph are estimated to be:

Burden hours: 150 (jobs/Type II and III rope used) x 10/60 hour (documentation) = 27
hours per year

Cost: 25 hours per year x $ 29.88 (wage- competent person) = $ 747 per year

37) 29 CFR 1926.1417(b)(1) and 1417(b)(2)

OSHA construction staff estimates that the manufacturer’s operating procedures will not
be available for 350 pieces of equipment used to perform construction activities,
primarily older models. It is estimated that 30% of this equipment is owned by
employers with the required qualified person on staff. Subsequently, OSHA construction
staff estimates that, under this scenario, it will take a qualified person 1 hour to
develop/document, 1 minute (1/60 hour) to maintain, and 5 minutes (5/60 hour) to make
available procedures that are necessary for the safe operation of the equipment and
attachments.

350 (equip. w/o mfrs. Procedures) x .30 (QP employed on staff) = 105 (equip. w/o mfrs.
Procedures)

Burden hours: 105 (equip. w/o mfrs. Procedures) x (66/60) hours


(develop/document/maintain/make available) = 116 hours per year

Cost: 116 hours per year x $ 49.00 per hour (wage - employer/qualified person) = $ 5,684
per year

38) 29 CFR 1926.1417(b)(3)

OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, the manufacturer’s procedures related to
the capacity of the equipment will not be available. In addition, it is estimated that 5% of

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this equipment will be owned by employers who employ a registered professional


engineer on staff. OSHA construction staff assumes a registered professional engineer
will take 5 minutes (5/60 hour) to develop these procedures, and clerical staff 1 minute
(1/60 hour) to maintain the documentation of those procedures. The yearly burden hours
and cost of this paragraph are estimated to be:

A. Burden for development and documentation

350 (equip. w/o mfrs. procedures) x .05 (% with RPE on staff) = 18

Burden hours: 18 (equip. w/o mfrs. procedures) x 5/60 hour (develop/document


procedures) = 2 hour per year

Cost: 2 hour per year x $ 69.08 (wage – RPE) = $ 138 per year

B. Burden for maintenance

Although some of the documentation required by this section would be produced by the
employer, and some by an RPE contracted by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain these records. The
yearly burden hours and cost of this clerical activity are estimated to be:

Burden hours: 350 (equip. w/o mfrs. procedures) x 1/60 hour (maintain documentation)
= 6 hours per year

Cost: 6 hours per year x $ 23.48 (wage – clerical) = $ 141 per year

Total burden hours: 6


Total cost: $141

39) 29 CFR 1926.1417(j)(1)

OSHA estimates that 1,111,343 hoisting jobs will be performed per year in the
construction industry. OSHA also estimates that it is a usual and customary practice for
operators on 90% of these jobs to inform a person designated to receive such information
when the equipment needs adjustments or repairs (a large percentage will be required to
do this pursuant to rental contract). Therefore, OSHA estimates that operators on only
10% of the jobs performed annually will provide this information in writing to the next
operator or designated person as new work practice. Subsequently, OSHA estimates that
it would take an operator 10 minutes (10/60 hour) to document that a repair or adjustment
of the equipment is needed. The yearly burden hours and cost of this proposed paragraph
are estimated to be:

Burden hours: 111,134 (jobs) x 10/60 hour (document) = 18,522 hours per year

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Cost: 18,522 hours per year x $ 40.40 per hour (wage - operator) = $748,289 per year

40) 29 CFR 1926.1417(j)(2)

OSHA estimates that 1,111,343 hoisting jobs will be performed per year in the
construction industry. OSHA also estimates that a large percentage of this equipment
will be rented by employers and most will provide this information to the rental
companies by contract. OSHA construction staff does not anticipate that most owners,
especially renters of equipment, would allow equipment to continue to operate when
repairs or adjustments are needed and will use alternative procedures. OSHA is
convinced that most equipment will be taken out of service, repaired, or adjusted.
However, OSHA acknowledges that owners of primarily older models of equipment are
most likely to implement alternative procedures and continue to operate the equipment
because replacement parts may be unavailable during the performance of a job.
Therefore, OSHA construction staff estimates that employers on 1,500 jobs annually will
need to notify employees affected by the use of alternative procedures and repairs or
adjustments. Subsequently, OSHA construction staff estimates that it would take the
employer, most likely a shift director, 5 minutes (5/60 hour) to relay information about
the status of the equipment to at least the next operator (already taken in calculation for
29 CFR 1926.1417(j)(1)), and mostly likely a signal person and an average crew of 5
construction employees. The yearly burden hours and cost of this proposed paragraph are
estimated to be:

Burden hours: 1,500 (alternative procedures) x 5/60 hour (information exchange) = 125
hours

Cost: 125 hours per year x $ 29.88 per hour (wage - signal person) = $ 3,735 per year

41) 29 CFR 1926.1423(j)(2)

OSHA estimates that 1,111,343 hoisting jobs will be performed in the construction
industry per year. OSHA construction staff estimates that the hoist lines of equipment on
1500 of these jobs will be used to anchor fall protection systems. Subsequently, OSHA
estimates that it would take the employer, most likely the shift director, 1 minute (1/60
hour) to inform the operator that a fall protection system has been anchored to the load
line of the equipment. The yearly burden hours and cost of this paragraph are estimated to
be:

Burden hours: 1,500 (fall protection jobs) x 1/60 hour (information exchange) = 25
hours

Cost: 25 hours per year x $ 40.40 per hour (wage - shift director) = $ 1,010 per year

42) 29 CFR 1926.1424(a)(2)(ii)

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OSHA estimates that 1,111,343 hoisting jobs will be performed in the construction
industry per year. OSHA construction staff estimates that hoisting equipment used on
60% of these jobs will have rotating superstructures that must be barricaded in
accordance with this provision. OSHA is convinced that demarcation of hazardous areas
within the swing radius of the equipment’s superstructure is a usual and customary work
practice of the industry. However, in addition to the requirement to barricade this
hazardous area, paragraph 1926.1424(a)(2)(ii) specifies that a sign must also be posted.
OSHA construction staff estimates that employers on 40% of these hoisting jobs, as a
new work practice, will post a sign to identify these hazardous areas around the
equipment as required. In light of this assertion, it is further estimated that it would take
a general construction employee 10 minutes (10/60 hour) to fabricate and post the
required sign for the barricaded area.

The yearly burden hours and cost of this paragraph are estimated to be:

Burden hours: 1,111,343 (hoisting jobs) x .60 (w/rotating superstructures) x .40 (new
employer practice) = 266,722 (hoisting jobs w rotating superstructures)

266,722 (hoisting jobs w/rotating superstructures) x 10/60 hours (sign


fabrication/posting) = 44,454 hours

Cost: 44,454 hours per year x $ 22.49 per hour (wage- construction employee) =
$ 999,770

43) 29 CFR 1926.1424(a)(3)(i) and (ii)

OSHA estimates that 1,111,343 hoisting jobs are performed in construction. OSHA
estimates that 40% of this equipment is big enough or so configured such that there are
blind spots where an employee could be positioned out of the sight of the operator and
injured when equipment is moved during these hoisting operations. On these jobs, OSHA
construction staff also estimates that at least one crew member would have to inform the
operator that he or she is going to be moving to a one of the hazardous locations. In
addition, OSHA construction staff estimates that the operator might have to be informed
twice on average by a construction employee during the duration of the hoisting job.
Subsequently, it is estimated that it would take those construction employees 30 seconds
(0.5/60 hour) to inform the operator of his or her movement to a hazardous location
outside of the view of the operator. The Agency determines that the yearly burden hours
and cost of these proposed provisions to be:

1,111,343 (hoisting jobs per year) x .40 (equip. w/ blind spots) = 444,537 (hoisting jobs
per year using equip. w/blind spots)

Burden hours: 444,537 (hoisting jobs per year using equip. w/blind spots) x 2
(information exchanges per job) x (0.5/60) hour (time per info confirmation) = 7,409
hours per year

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Cost: 7,409 hours per year x $ 22.49 (wage - general construction employee) =
$166,628

44) 29 CFR 1926.1427(a), (c)(1), (c)(1)(v), (c)(2), (d)(2), (d)(4), (e)(6)(ii) and (h)(2)7

As in previous ICRs, OSHA expects that many employers currently maintain


documentation of employee certification, but OSHA nevertheless takes the burden for
reviewing information on the certificate, (including information required by
§1926.1427(d)(2) and (h)(2)), filing, and maintaining documents of all certificates or
other proof of qualification. It is estimated that it would take a construction clerical
employee 3 minutes (.05 hour) to review, file and maintain a copy of each operator’s
certification document of one of the three methods available for non-military personnel
(state/local license; certification by a third party, or audited certification by the
employer). Certification is valid for five years, so the annual recertification rate is 20%.

OSHA estimates that a minimum of 119,904 employers will employ operators who use
equipment covered by this standard to perform construction work per year. The agency
assumes a turnover rate of 23% of operators each year, or 27,578 (i.e., 0.23 x 119,904).
The 23% turnover rate includes new apprentice operators with no experience or
certification who will need an initial certification (5%), as well as operators who are
changing jobs (9%), and operators working on a new equipment in the same job thereby
requiring a recertification (9%). (See: 2014 FEA (79 FR 57793; September 26, 2014) and
2017 FEA (92 FR 51993; November 9, 2017). Consequently, with a constant total
number of operators, the same number of operators (27,578) will be leaving the
profession each year and will not require recertification when their current 5-year
certification ends. This leaves 92,326 operators (i.e., 119,904 - 27,578) who will need
such periodic recertification. In the first year, the Agency estimates that there are 86,700
certified operators (15,000 + 71,700 certifications) and 33,204 operators seeking
certification.

The yearly burden hours and cost of these paragraphs are estimated to be:

Respondents Clerical Burden Wage


Frequency Responses Cost
(Employers) Time Hours Rate

7 Equations 44-46 of Item 12 have been updated, as a non-material change, to incorporate into this ICR
the burden hours and costs approved under OMB control number 1218-0270, which are associated with the
2018 “Cranes and Derricks in Construction: Operator Qualification” final rule. (The 2018 Supporting
Statement for this ICR is available at:
https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201809-1218-001.) OSHA has updated
the wage rates for these burden hours. However, OSHA has not provided any substantive updates to the
burden hour estimates in this ICR; subsequent updates will be captured when OSHA updates this ICR
during the next ICR review. Also, the burden hour time estimates remain in decimal format as approved in
the 2018 final rule. The Agency will update the burden hour time estimate format for these equations, to be
consistent with the rest of the ICR, during the next ICR review.

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First Year
Operators
86,700 0.2 17,340 0.05 867 $23.48 $20,359
Certified
Operators Not
33,204 1 33,204 0.05 1,660 $23.48 $38,981
Certified
Subtotal 119,904 50,544 2,527 $59,340

Second Year
Operators
Seeking Re- 92,326 0.2 18,465 0.05 923 $23.48 $21,674
certification
Turnover
27,578 1 27,578 0.05 1,379 $23.48 $32,383
(23%)
Subtotal 119,904 46,043 2,302 $54,057

Third Year
Operators
Seeking Re- 92,326 0.2 18,465 0.05 923 $23.48 $21,674
certification
Turnover
27,578 1 27,578 0.05 1,379 $23.48 $32,383
(23%)
Subtotal 119,904 46,043 2,302 $54,057

Total 359,712 - 142,630 - 7,131 - $167,454


3-Year
119,904 - 47,543 - 2,377 $23.48 $55,812
Average

45) 29 CFR 1926.1427(f)(6)

This provision requires that employers document information about the equipment on
which the operator is evaluated and include the evaluator’s signature. Because of this, the
agency determined that the evaluator will complete all recordkeeping related to this
documentation.

OSHA believes it will take an evaluator five minutes (.08 hours) to create, file and
maintain the needed information.

There will also be the need in the first year for some employers to document previous
evaluations that the employer had not documented. OSHA notes that many employers
already maintain documentation that would comply with OSHA’s revised standard. The
agency estimates the number of evaluations needing documentation is 85 percent of the
number of operators, or 99,561 (85% x 117,130 (excluding the propane operators)). With

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the addition of 2,774 propane operators, whom the record indicates may not be
documenting any evaluations, the total number of evaluations needing documentation is
estimated to be 102,335 (99,561 + 2,774). This estimate is based on the final crane
operator qualification rule’s clarification that all evaluations of existing employees must
be documented (but not that all operators need to be evaluated from scratch). This
estimate assumes, for the 85% of employers not-in compliance with the standard, all
existing operators not subject to turnover or changes in equipment will need
documentation.

In addition, there are 15,490 yearly evaluations which will lead, with a 15% failure rate,
to 13,470 successful initial evaluations that will need documentation (15,490/1.15)
ongoing each year. Then, additionally, there will be documentation of previous
successful evaluations due to the rule. OSHA estimates that 85 percent of an estimated
total of 2,324 new evaluations, or 2,020 (85% x 2,324), will be successful. Hence, the
total number of documented evaluations is 15,490 (13,470 + 2,020). Including propane
field technician operators adds another 367 successful evaluations that will need to be
documented for a total of 15,857 documented evaluations.

The yearly burden hours and cost of this paragraph are estimated to be:

Evaluation Supervisor Burden


Respondents Frequency Responses Wage Rate Cost
Documentations Time Hours

First Year
New 2,020 1 2,020 0.08 162 $43.70 $7,079
Successful Initial 13,470 1 13,470 0.08 1,078 $43.70 $47,109
Additional
Propane Field
2,774 1 2,774 0.08 222 $43.70 $9,701
Technician
Operators
Previous
Assessments
99,561 1 99,561 0.08 7,965 $43.70 $348,071
Requiring
Documentation
Subtotal 117,825 117,825 9,427 $411,960
Second Year
New 2,020 1 2,020 0.08 162 $43.70 $7,079
Successful Initial 13,470 1 13,470 0.08 1,078 $43.70 $47,109
Additional
Propane Field
367 1 367 0.08 29 $43.70 $1,267
Technician
Operators
Subtotal 15,857 15,857 1,269 $55,455
Third Year
New 2,020 1 2,020 0.08 162 $43.70 $7,079

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On-going 13,470 1 13,470 0.08 1,078 $43.70 $47,109


Additional
Propane Field
367 1 367 0.08 29 $43.70 $1,267
Technician
Operators
Subtotal 15,857 - 15,857 - 1,269 - $55,455
Total 149,539 - 149,539 - 11,965 - $522,870
3-Year Average 49,846 - 49,846 - 3,988 $43.70 $174,276

46) 29 CFR 1926.1427(h)(1)(i) and (h)(1)(ii)

If testing candidates opt to have the tests required under this section administered to them
verbally, this provision requires documentation of a demonstration of literacy and ability
to use applicable manufacturer procedures. Again, OSHA estimates that a minimum of
119,904 operators per year will use equipment covered by this standard to perform
construction work per year. The same economic assumptions are maintained from the
certification equations in paragraph 44 of Item 12 of this analysis.

As in previous ICRs, the Agency estimates that 10% of the operators tested each year will
opt to take the test verbally. Certification is valid for five years, so the annual
recertification rate is 20%. Therefore, OSHA construction staff assumes that it would
take the testing entity, most likely a qualified person, 10 minutes (.17 hour) to generate
and one minute (.02 hour) to maintain documentation of a demonstration of literacy and
ability to use manufacturer procedures. The yearly burden hours and costs are:

Operator Burden Wage


Respondents Frequency Responses Cost
Time Hours Rate
First Year
Operators
86,700 0.2 x 0.1 1,734 0.17 295 $43.70 $12,892
Certified
Operators Not
33,204 0.1 3,320 0.17 564 $43.70 $24,647
Certified
Subtotal 119,904 5,054 859 $37,539

Second Year
Operators
Seeking 92,326 0.2 x 0.1 1,847 0.17 314 $43.70 $13,722
Certification
Turnover
27,578 0.1 2,758 0.17 469 $43.70 $20,495
(23%)
Subtotal 119,904 4,605 783 $34,217

Third Year

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Operators
Seeking 92,326 0.2 x 0.1 1,847 0.17 314 $43.70 $13,722
Certification
Turnover
27,578 0.1 2,758 0.17 469 $43.70 $20,495
(23%)
Subtotal 119,904 4,605 783 $34,217

Total 359,712 - 14,264 - 2,425 - $105,973


3-Year
119,904 - 4,755 - 808 - $35,310
Average

47) 29 CFR 1926.1428(a)(1), (a)(2), and (a)(3)

OSHA construction staff estimates that, due to the size and types of loads, size and types
of hoisting equipment used, and configurations of job sites, 30% of the jobs performed
would not need a signal person when hoisting jobs are performed. Therefore, it is
estimated that at least one signal person would be needed for only the remaining 70% of
the hoisting jobs performed. It is estimated that it would take a construction clerical
employee 5 minutes (5/60 hour) to file/maintain, and 2 minutes (2/60 hour) to make
available, in accordance with 1926.1428(a)(3), a copy of each signal person’s
documentation of one of the two certification options allowed by this section. OSHA
assumes that either the person will require the signal person to carry a copy of their
certification or the employer will keep it on site. The yearly burden hours and cost of this
paragraph are estimated to be:

1,111,343 (total jobs) x .7 (jobs w/ signal person) = 777,940 (jobs w/signal person)

Burden hours: 777,940 (jobs w/signal person) x [5/60 hour (file/maintain) + 2/60
hour (make available)] = 90,760 hours per year

Cost: 90,760 hours per year x $ 23.48 per hour (wage - clerical employee) =
$2,131,045 per year

48) 29 CFR 1926.1428(a)(3)

Burdens taken 29 CFR 1926.1428(a)(1) and (2).

49) 29 CFR 1926.1428(b)

With regard to the qualification of signal people, OSHA construction staff estimates that
2 % of the signal persons would need to be re-qualified each year. It is estimated that it
would take a construction clerical employee 5 minutes (5/60 hour) to file/maintain, and 2
minutes (2/60 hour) to make available, in accordance with 1926.1428(a)(3), a copy of

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each signal person’s documentation of one of the two certification options allowed by
this section. The yearly burden hours and cost of this paragraph are estimated to be:

1,111,343 (total jobs) x .7 (jobs w/ signal person) x .02 (% of re-qualification) = 15,559


(jobs w/signal person)

Burden hours: 15,559 (jobs w/signal person) x (5/60 hour (file/maintain) + 2/60 hour
(make available)) =1,815 hours per year

Cost: 1,815 hours per year x $23.48 per hour (wage - clerical employee) = $42,616 per
year

50) 29 CFR 1926.1431(o)(3)(i)

Because a pre-lift meeting when personnel is hoisted using a platform is addressed in


consensus standards referenced by this rule, OSHA believes the meeting is a usual and
customary work practice of the industry. Likewise, the pre-lift meeting that is required
by paragraph 29 CFR 1926.1431(m)(1) is also considered by OSHA as a usual and
customary work practice of the industry whenever personnel are hoisted. The only
difference with this requirement is that the personnel will be hoisted on a boatswain’s
chair instead of on a personnel platform. However, the hoisting of personnel with a
boatswain’s chair itself, as addressed by paragraph (o)(3) of this section, is not addressed
in any consensus standards referenced by OSHA for the application of this standard.
Therefore the pre-lift meeting referenced by this provision and required by provision 29
CFR 1926.1431(m)(1) still may be new to a small percentage of employers who would
choose this option for hoisting personnel in drill shafts. In light of these assumptions,
OSHA estimates of the 1,111,343 hoisting jobs that will be performed in the construction
industry per year, on 100 of these jobs, the equipment will be used to hoist personnel in a
drilling shaft with a boatswain’s chair. Subsequently, OSHA construction staff estimates
that it will take an employer, most likely the lift director (at wage rate of shift director),
30 minutes (30/60 hour) to plan and conduct this meeting prior to each trial lift and any
time employees are newly assigned to the hoisting operation. The estimated annual
burden hours and cost of this paragraph are:

Burden hours: 100 (hoisting/drilling jobs) x 30/60 hour (plan and conduct meeting) = 50
hours per year

Cost: 50 hours per year x $ 40.40 per hour (wage rate of shift director) =
$ 2,020 per year

51) 29 CFR 1926.1431(p)(4)(i)

Similar to the rationale described for paragraph (o)(3) of this section, the hoisting of
personnel with a boatswain’s chair as addressed by paragraph (p)(4) of this section is not
addressed in any consensus standards referenced by this standard. Therefore, even

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though OSHA concludes that pre-lift meetings are usual and customary practice
whenever personnel are lifted, the pre-lift meeting referenced by this provision and
required by provision 29 CFR 1926.1431(m)(1) still may be new to a small percentage of
employers who would choose this option for hoisting personnel during the performance
of pile driving operations. In light of these assumptions, OSHA estimates of the
1,111,343 hoisting jobs that will be performed in the construction industry per year, on
500 of these jobs, the equipment would be used to hoist personnel with a boatswain’s
chair for pile driving operations. Subsequently, OSHA construction staff estimates that it
will take an employer, most likely the lift director (at wage rate of shift director -- $40.40
), 30 minutes (30/60 hour) to plan and conduct this meeting prior to each trial lift and any
time employees are newly assigned to the hoisting operation. The estimated annual
burden hours and cost of this paragraph are:

Burden hours: 500 (hoisting/pile driving jobs) x 30/60 hour (plan/conduct meeting) =
250 hours per year

Cost: 250 hours per year x $ 40.40 per hour (wage - shift director) = $ 10,100 per year

52) 29 CFR 1926.1431(r)(3)(i)

Similar to the rationale described for paragraph (o)(3) of this section, the hoisting of
personnel with a boatswain’s chair as addressed by paragraph (r)(3) of this section is not
addressed in any consensus standards referenced by this standard. Therefore, even
though OSHA concludes that pre-lift meetings are usual and customary practice
whenever personnel are lifted, the pre-lift meeting referenced by this provision and
required by provision 29 CFR 1926.1431(m)(1) still may be new to a small percentage of
employers who would choose this option for hoisting personnel for the purpose of marine
transfer. OSHA estimates that 500 of the 1,111,343 hoisting jobs would be personnel
hoisting jobs that involve hoisting personnel with a marine-hoisted transfer device.
Subsequently, OSHA construction staff estimates that it will take an employer, most
likely the shift director, 30 minutes (30/60 hour) to plan and conduct this meeting prior to
each trial lift and any time employees are newly assigned to the hoisting operation. The
estimated annual burden hours and cost of this paragraph are:

Burden hours: 500 (marine-hoisted transfer device jobs) x 30/60 hour (plan/conduct
meeting) = 250 hours per year

Cost: 250 hours per year x $40.40 per hour (wage - A/D director) =
$ 10,100 per year

53) 29 CFR 1926.1431(s)(3)(i)

Similar to the rationale described for other paragraphs of this section, the hoisting of
personnel with a boatswain’s chair as addressed by 29 CFR 1926.1431(s)(3)(i) is not
addressed in any consensus standards referenced by this standard. OSHA still concludes

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that pre-lift meetings are usual and customary practice whenever personnel are lifted.
However, the pre-lift meeting referenced by this provision and required by provision 29
CFR 1926.1431(m)(1) still may be new to a small percentage of employers who would
choose this option for hoisting personnel for the purpose of shaft, chimney, and steel or
concrete tank work. OSHA estimates that on 1,000 of the 1,111,343 hoisting jobs that
will be performed in the construction industry per year, the equipment will be used to
hoist personnel into tanks, shafts, and chimneys using a boatswain’s chair. Subsequently,
OSHA construction staff estimates that it will take an employer, most likely the shift
director, 30 minutes (30/60 hour) to plan and conduct this meeting prior to each trial lift
and any time employees are newly assigned to the hoisting operation. The estimated
annual burden hours and cost of this paragraph are:

Burden hours: 1,000 (tank, shaft, & chimney jobs) x 30/60 hour (plan and conduct
meeting) = 500 hours per year

Cost: 500 hours per year x $ 40.40 per hour (wage -shift director) = $ 20,200 per
year

54) 29 CFR 1926.1433(e)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that employers
of 50 pieces of this equipment will need to retrieve this required documentation as proof
that the equipment meets the construction and design requirements of this subpart. In
these scenarios, OSHA construction staff estimates that it would take a competent person
5 minutes (5/60 hour) to make this information available. OSHA estimates that the
annual burden hours and cost of this proposed provision are:

Burden hours: 50 (equip. w/o design/construct docs) x 5/60 hour (make available doc)
= 4 hours per year

Cost: 4 hours per year x $ 29.88 (wage - competent person) = $120

55) 29 CFR 1926.1434(a)(1)(i), (a)(1)(ii) and 1926.1441(b)(2)(i)(B)

This provision also applies to modifications made in accordance with section


1926.1441(b)(2)(i)(B). Of the cranes in use per year, OSHA construction staff estimates
that 1% of this equipment will be modified. In these scenarios, the manufacturer, most
likely a qualified person, must approve such modifications submitted by the employer to
ensure that the modifications will not compromise the safe operation of the equipment.
OSHA construction staff estimates that it would take a qualified person one and a half
hours (90/60 hours) to document and submit the required request. It is also assumed that
the employer would also submit proposed modifications of the load charts, procedures
and other necessary information that are required in accordance with paragraph (a)(1)(ii)
of this section. The burdens and costs for those exceptions are described in that section

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of Item 12, below. OSHA estimates that the annual burden hours and cost of this
provision are:

A. Submission of Modification Request for Manufacturer Approval:

115,829 (equip. per year) x .01 (modified equipment) = 1,158 (equip.)

Burden hours: 1,158 (equip.) x (90/60) hours (time to document and submit
modifications of equipment/tags/charts/procedures) = 1,737 hours per year

Cost: 1,737 hours per year x $49.00 per hour (wage of qualified person-
employer) = $85,113 per year

B. Maintaining and Making Available Record of Manufacturer’s Approval:

OSHA estimates that approximately 25% of the submissions will be approved in


writing by the manufacturer. The employer must maintain the record of this approval and
make it available pursuant to § 1926.1412(k). OSHA estimates that clerical staff would
take 1 minute to maintain (1/60 hours), and 5 minutes (5/60 hours) to make available, the
record of the manufacturer’s approval. OSHA estimates that the annual burden hours and
cost of maintaining and making this approval record available are:

115,829 (equip. per year) x .01 (modified equipment) x .25 (% approved by


manufacturer) = 290 (equip.)

Burden hours: 290 (equip.) x (6/60) (maintain and make available) = 29 hours per year

Cost: 29 hours per year x $23.48 per hour (wage - clerical) = $ 681 per year

Total burden hours: 1,766


Total cost: $85,794

56) 29 CFR 1926.1434(a)(1)(ii)

Burdens taken with requirement in 29 CFR 1926.1434(a)(1)(i). (See calculations for


section 1926.1434(a)(1)(i) for accounting of burden hours)

57) 29 CFR 1926.1434(a)(2)(i), (a)(3), (a)(4), (a)(5), (b) and 1926.1441(b)(2)(i)(B)

This provision also applies to modifications made in accordance with section


1926.1441(b)(2)(i)(B). Of the 115,829 cranes in use per year, OSHA construction staff
estimates that 1 % of this equipment will be modified in a manner that will affect the safe
operation of the equipment, thus requiring the employer to send a modification proposal
to the manufacturer. Of this 1 %, OSHA construction staff estimates that 45 % of the
proposals will be approved by the manufacturer or rejected with explanation, and the

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other 55 % of proposals will be ignored by the manufacturer or rejected without


explanation. For this latter 55 %, which requires an RPE to review and approve the
modification, OSHA construction staff estimates that 15 % percent of employers who
own this equipment would have a registered professional engineer (RPE) on staff that is
qualified to perform the review. In addition, it is estimated that it would take an RPE 1
hour to review the modification request, 30 minutes (30/60 hour) to modify load charts,
procedures, instruction manuals, and instruction plates/tags/decals and 30 minutes (30/60
hour) to document the modification approval. OSHA estimates that the annual burden
hours and cost of this provision are:

A. Development and Documentation:

115,829 (equip. per year) x .01 (modified equipment) x .55 (% manufacturer refuses to
review or rejects without explanation) x .15 (RPE on staff) = 96 (equip.)

Burden hours: 96 (equip.) x 2 (1 hour (review) + 30/60 hour (doc) + 30/60 hour (time to
modify tags/charts/procedures)) = 192 hours per year

Cost: 192 hours per year x $ 69.08 per hour (wage - RPE) = $ 13,263 per year

B. Maintaining and Making Available:

Although some of the documentation required by this section would be produced


by the employer, and some by an RPE hired by the employer (see Item 13), in all cases
the Agency assumes that the employer’s clerical staff would maintain and make available
these records in accordance with § 1926.1412(k). The yearly burden hours and cost of
this clerical activity are estimated to be:

115,829 (equip. per year) x .01 (modified equipment) x .55 (% manufacturer refuses to
review or rejects without explanation) = 637 (equip.)

Burden hours: 637 (equip.) x 6/60 hour (maintain and make available) = 64 hours per
year

Cost: 64 hours per year x $23.48 per hour (wage - clerical) = $1,503 per year

Total burden hours: 256


Total cost: $ 14.766

58) 29 CFR 1926.1434(a)(3), (a)(4), and (a)(5)

Burdens taken with documentation requirement in 29 CFR 1926.1434(a)(1)(i) and


(a)(2)(i). (See calculations for section 1926.1434(a)(1)(i) and (a)(2)(i) for accounting of
burden hours)

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59) 29 CFR 1926.1435(b)(3)

OSHA construction staff estimates that 2 percent of the cranes used in construction
annually are tower cranes. The burden for developing and documenting the required
information is addressed in Item 13. The burden taken here is for the employer’s clerical
staff to maintain the documentation produced by the RPE. The yearly burden hours and
cost of maintaining the documentation required by this paragraph are estimated to be:

115,829 (equip. per year) x .02 (tower cranes) = 2,317 (tower cranes)

Burden hours: 2,317 tower cranes x 1/60 hours (maintain documentation) = 39 hours
per year

Cost: 39 hours per year x $23.48 per hour (wage- clerical) = $916 per year

60) 29 CFR 1926.1435(b)(7)(ii)

OSHA construction staff estimates that 2 % of the 115,829 cranes used in construction
annually are tower cranes. The burden for developing and documenting the required
information is addressed in Item 13. The burden taken here is for the employer’s clerical
staff to maintain the documentation produced by the RPE. The yearly burden hours and
cost of maintaining the documentation required by this paragraph are estimated to be:

115,829 (equip. per year) x .02 (tower cranes) = 2,317 (tower cranes)

Burden hours: 2,317 x 1/60 hours (maintain documentation) = 39 hours per year

Cost: 39 hours per year x $ 23.48 per hour (wage- clerical) = $916 per year

61) 29 CFR 1926.1435(f)(3)(ii)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that 2 % of this
equipment will be tower cranes. Furthermore it is estimated that 1 % of the equipment,
generally older models, will not have the manufacturer’s recommendations and
specifications available. The burden for developing and documenting the required
information is addressed in Item 13. The burden taken here is for the employer’s clerical
staff to maintain (1 minute or 1/60 hour) and make available (5 minutes or 5/60 hour) the
documentation produced by the RPE in accordance with § 1926.1412(k). The yearly
burden hours and cost of maintaining and making the documentation available are
estimated to be:

115,829 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) = 23 (equip.)

Burden hours: 23 (equip.) x ((1/60) +(5/60)) hours (maintain and make available) =
hours per year

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Cost: 2 hours per year x $ 23.48 per hour (wage- clerical) = $47

62) 29 CFR 1926.1436(g)(4)

OSHA estimates that 115,829 pieces of hoisting equipment will be used in the
construction industry per year and that .5 % of this equipment will be derricks which are
not permanently installed. OSHA construction staff estimates that about 80 % of these
derricks per year will either be newly installed or need to be repositioned which both
require testing as specified by paragraph (g) of this section. Subsequently, OSHA
construction staff estimates that it will take a competent person 10 minutes (10/60 hour)
to document the results of this testing and 1 minute (1/60 hour) to maintain this record.
OSHA estimates the annual burden hours and cost for this requirement are:

115,829 (equip per year) x .005 (not permanently installed) x .80 (new or relocated
derricks) = 463 (equip.)

Burden hours: 463 (equip.) x 11/60 hour (document and maintain testing results) = 85
hours

Cost: 82 hours per year x $ 29.88 (wage - competent person) = $ 2,540 per year

63) 29 CFR 1926.1437(c)(2)(ii)

OSHA estimates that 1,111,343 hoisting jobs will be performed in the construction
industry per year. OSHA construction staff estimates that 2,500 jobs will be performed
using floating cranes and land cranes/derricks on barges. OSHA construction staff
estimates that hoisting equipment used on 80 % of these jobs will have rotating
superstructures that must be barricaded in accordance with this provision. OSHA is
convinced that demarcation of hazardous areas within the swing radius of the
equipment’s superstructure is a usual and customary work practice of the industry.
However, in addition to the requirement to barricade this hazardous area, 29 CFR
1926.1437(c)(2)(ii) specifies that a sign must also be posted. OSHA construction staff
estimates that employers on 40 % of these hoisting jobs, as a new work practice, will post
a sign to identify these hazardous areas around the equipment as required. In light of this
assertion, it is further estimated that it would take a general construction employee 10
minutes (10/60 hours) to fabricate and post the required sign for the barricaded area. The
yearly burden hours and cost of this paragraph are estimated to be:

2,500 (floating equip. jobs) x .80 (w/rotating superstructures) x .40 (new practice)= 136
hours per year =800 (signs)

Burden hours: 800 (signs) x 10/60 hours (sign fabrication/posting) = 133 hours per year

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Cost: 133 hours per year x $22.49 per hour (wage- construction employee) =
$2,991 per year

64) 29 CFR 1926.1437(h)(6)

Burden hours/costs for documentation of crane inspections required by paragraphs (h)(2),


(h)(4) of this section are accounted under 29 CFR 1926.1412(e)(3) and (f)(7).
Of the 115,829 cranes in use per year, OSHA construction staff estimates that 200 are
floating cranes. The inspections required by § 1926.1437 are usual and customary in the
industry. See, e.g., ASME B30.8-1999, sections 8-2.1.1 (describing “frequent” and
“periodic” inspections as monthly and annual, respectively), 8-2.1.2 (requirements for
“frequent” inspections), 8-2.1.3 (requirements for “periodic” inspections), and 8-
2.1.3(b)(2) (inspection of compartments). For each inspection, OSHA estimates that it
will take the appropriate person 15 minutes (25/60 hours) to document, maintain, and
make the inspection record available. The monthly inspection must be conducted by a
competent person, the annual inspection must be conducted by a qualified person, and the
four-year inspection must be conducted by a marine engineer, marine architect, licensed
surveyor, or other qualified person who has expertise with respect to vessels/flotation
device. For purposes of this calculation, OSHA assumes that the four-year inspection
will be conducted by a person with the wage rate equivalent to that of a professional
engineer, and that 30% of the employers will have such a person on staff. OSHA
assumes that, in accordance with § 1926.1437(h), within the first year following the
effective date of this rule, the employer will conduct 12 monthly inspections, 1 annual
inspection, and 1 four-year inspection. The yearly burden hours and cost of this
paragraph are estimated to be:

Monthly inspections:

Burden hours: 200 floating cranes x 12 inspections x 15/60 hour


(documentation/maintenance/make available) = 600 hours

Cost: 600 hours per year x $ 29.88 per hour (wage- competent person) =
$17,928

Annual inspections:

Burden hours: 200 floating cranes x 15/60 hour (documentation/maintenance/make


available) = 50 hours

Cost: 50 hours per year x $49.00 per hour (wage- qualified person) = $2,450

Four-Year inspections:

A. Development and Documentation of Four-year Inspections:

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200 floating cranes x .30 (% with appropriately qualified person on staff) = 60 cranes

Burden hours: 60 cranes x 15/60 hour (develop/document) = 15 hours

Cost: 15 hours per year x $ 69.08 per hour (wage- professional engineer) = $
1,036

B. Four Year Inspections - Maintaining and Making Available:

Although in some cases inspections will be performed and documented by a


person on the employer’s staff, and in other cases the employer will hire an appropriate
person to perform and document the inspection (see Item 13), in all cases the Agency
assumes that the employer’s clerical staff would maintain (1/60 hour) and make available
(5/60 hour) these records. The yearly burden hours and cost of this clerical activity are
estimated to be:

Burden hours: 200 floating cranes x ((1/60) + (5/60)) hour (maintenance/make


available) = 20 hours

Cost: 20 hours per year x $23.48 per hour (wage- clerical) = $ 470

Total burden hours: 685


Total cost: $20,828

65) CFR 1926.1437(m)(4)

The Agency estimates that 115,829 pieces of hoisting equipment will be used in the
construction industry per year and OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that 5 % of these floating cranes/derricks will utilize
employer-made equipment. The burden for developing and documenting the required
information is addressed in Item 13. The burden taken here is for the employer’s clerical
staff to maintain the documentation produced by the RPE. The yearly burden hours and
cost of maintaining the documentation required by this paragraph are estimated to be:

200 (equip. per year) x .05 (w/ employer-made equipment) = 10 (equip.)

Burden hours: 10 x 1/60 hour (maintain) = 1 hour

Cost: 1 hours per year x $ 23.48 per hour (wage- clerical) = $ 23 (rounded)

66) 29 CFR 1926.1437(n)(2)

Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction

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staff estimates that on 1,000 of the 1,111,343 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5 % of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.

Since the employer has an option to use a qualified person (who is familiar with floating
crane/derrick designs) to determine the required ratings, OSHA construction staff
estimates that 25 % of the employers would utilize this option. The other 75 % of the
employers would likely use the other option, which allows the employer to consult the
manufacturer for these calculations. OSHA construction staff estimates that the
employer’s qualified person, would take 1.5 hours (90/60) hours) to develop and
document such determinations. The yearly burden hours and cost of this paragraph are
estimated to be:

A. Development and Documentation:

1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and reinstalled equip) x .25
(w/ qualified person on staff) = 13 jobs

Burden hours: 1,000 jobs x (90/60)) hour (develop and document) = 20 hours

Cost: 20 hours per year x $ 49.00 per hour (wage - qualified person) = $ 980

B. Maintaining Documentation:

Although some of the documentation required by this section would be produced


by the employer, and some by a manufacturer’s RPE (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain these records. The
yearly burden hours and cost of this clerical activity are estimated to be:

1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and reinstalled equip) = 50


jobs

Burden hours: 50 jobs x 1/60 hour (maintain documentation) = 1 hour per year

Cost: 1 hours per year x $ 23.48 per hour (wage - clerical) = $ 23 per year

Total burden hours: 21


Total cost: $ 1,003

67) 29 CFR 1926.1437(n)(3)(i) and (ii)

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Burden hours/costs for 29 CFR 1926.1437(n)(3) are accounted as part of the


documentation required by section 1926.1437(n)(2). (See calculations for 29 CFR
1926.1437(n)(2) for an accounting of these burdens)

68) 29 CFR 1926.1437(n)(5)(v)

Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1,000 of the 1,111,343 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5 % of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.

For the jobs where the cranes and derricks are removed from the flotation devices, OSHA
estimates that it will take a marine engineer, or a qualified person who is familiar with
floating crane/derrick designs, with a wage rate equivalent to that of a professional
engineer 1.5 hours (90/60) hours) to develop and document information which confirms
the safety of the equipment’s mounting design. OSHA estimates that 30% of the
employers will have such a person on staff. The yearly burden hours and cost of this
paragraph are estimated to be:

A. Development and Documentation:

1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and reinstalled equip) x .30
(% with appropriately qualified person on staff) = 15 jobs

Burden hours: 15 jobs x (90/60) hours (develop and document) = 23 hours

Cost: 23 hours per year x $ 69.08 per hour (wage- professional engineer) = $ 1,589 per
year

B. Maintaining Documentation:

Although some of the documentation required by this section would be produced


by a person on the employer’s staff, and some a marine engineer or other appropriately
qualified person hired by the employer (see Item 13), in all cases the Agency assumes
that the employer’s clerical staff would maintain these records (.02 hours). The yearly
burden hours and cost of this clerical activity are estimated to be:

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1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and reinstalled equip) = 50
jobs)

Burden hours: 50 jobs x 1/60 hour (maintain documentation) = 1 hour per year

Cost: 1 hours per year x $ 23.48 per hour (wage- clerical) = $ 23 per year

Total burden hours: 24


Total cost: $ 1,612

69) 29 CFR 1926.1437(n)(6)(i)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that for 25 % of the floating equipment used in the
industry, land cranes/derricks will be mounted on a flotation device/vessel and used to
hoist loads. Subsequently, OSHA construction staff estimates that for 20 % of this
equipment, mobile auxiliary cranes (two cranes/derricks on the flotation device/vessel)
will need to be mounted to a floatation device/vessel to perform the construction hoisting
job. For these jobs, OSHA estimates that it will take a marine engineer, or a qualified
person who is familiar with floating crane/derrick designs, with a wage rate equivalent to
that of a professional engineer, 1.5 hours (90/60 hours) to develop and document
information which confirms the safety of the equipment’s mounting design. OSHA
estimates that 30 % of the employers will have such a person on staff. The yearly burden
hours and cost of this paragraph are estimated to be:

A. Development and Documentation:

200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile auxiliary cranes
jobs) x .30 (% with appropriately qualified person on staff) = 3 floating cranes/derrick

Burden hours: 3 floating cranes/derrick x (90/60) hour (develop and document) = 5


hours

Cost: 5 hours x $69.08 per hour (wage- professional engineer) = $ 345 per year

B. Maintaining Documentation:

Although some of the documentation required by this section would be produced by a


person on the employer’s staff, and some a marine engineer or other appropriately
qualified person hired by the employer (see Item 13), in all cases the Agency assumes
that the employer’s clerical staff would maintain these records (1/60 hours). The yearly
burden hours and cost of this clerical activity are estimated to be:

200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile auxiliary cranes
jobs) = 10 floating cranes/derrick

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Burden hours: 10 floating cranes/derrick x 1/60 hour (maintain documentation) = 1 hour


per year

Cost: 1 hour per year x $23.48 per hour (wage- clerical) = $ 23 per year

Total burden hours: 6 per year


Total cost: $ 368 per year

70) 29 CFR 1926.1438(b)(2)(i)

Burden hours/costs for 29 CFR 1926.1438(b)(2)(i) are accounted as part of the


documentation required by applicable requirements of the standard except: 1926.1415,
1416, 1426(a)-(c), 1435, 1436, 1438, and 1440. (See calculations for applicable
requirements for an accounting of these burdens)

71) 29 CFR 1926.1440(a)

Burden hours/costs are accounted as part of the documentation required by all other
sections of this standard except: 1926.1402, 1926.1415, 1926.1416, and 1926.1427.

72) 29 CFR 1926.1441(b)(2)(i)(B)

Burden hours/costs are accounted as part of the documentation required for modifications
under section 1926.1434(a)(1)(i) and (a)(2)(i).

73) 29 CFR 1926.1441(c)(2)(i)

OSHA estimates that 115,829 pieces of hoisting equipment will be used in the
construction industry per year. In the NPRM, OSHA construction staff estimated that
40% of this equipment would be rated at 2,000 lbs or less in capacity. In light of hearing
testimony and comments, OSHA believes that this percentage may be an overestimate,
but in the absence of additional information about the actual number of cranes rated at
this capacity, OSHA is continuing to include that percentage for the purposes of this
calculation to ensure that it does not underestimate the number of equipment with
procedures that are unavailable. OSHA construction staff estimates that 1 % of this
equipment will not have the required procedures readily available. For this equipment,
OSHA construction staff estimates that it will take an employer, most likely a shift
director or qualified person, 10 minutes (10/60 hour) to obtain operational procedures
developed by the qualified person specified in paragraph 1926.1441(c)(2)(ii) of this
section and ensure compliance with these procedures. The yearly burden hours and cost
of this paragraph are estimated to be:

115,829 (equip. per year) x .40 (equip- 2,000 lbs or less) x .01 (equip w/o procedures
available) = 463 equip.

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Burden hours: 463 equip. x 10/60 hour (procedures) = 77 hours

Cost: 77 hours x $49.00 per hour (wage - qualified person) = $3,773 per year

74) 29 CFR 1926.1441(c)(2)(ii)

OSHA construction staff estimates that 350 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment operational controls procedures available for reference. In addition, it is
estimated that 30% of this equipment will be owned by employers who employ a person
on staff qualified to develop procedures for operational controls in accordance with this
provision. For this equipment, OSHA estimates that it will take a qualified person 1 hour
to develop procedures for the operational controls and clerical staff 1 minute to maintain
(1/60 hours), and 5 minutes (5/60 hours) to make available, these procedures. The yearly
burden hours and cost of this paragraph are estimated to be:

A. Development and Documentation:

350 (equip w/o procedures) x .30 (QP on staff) = 105 equip.

Burden hours: 105 equip. x 1 hour (procedures development and documentation) = 105
hours

Cost: 105 hours x $ 49.00 per hour (wage- qualified person) = $5,145 per year

B. Maintaining and Making Available:

Although some of the documentation required by this section would be produced


by the employer, and some by a qualified person hired by the employer (see Item 13), in
all cases the Agency assumes that the employer’s clerical staff would maintain and make
available these records. The yearly burden hours and cost of this clerical activity are
estimated to be:

Burden hours: 350 (equip. w/o mfrs. procedures) x 6/60 hour (maintain and make
available) = 35 hours

Cost: 35 hours per year x $ 23.48 per hour (wage- clerical) = $ 822 per year

Total burden hours: 140 per year


Total cost: $5,967 per year

75) 29 CFR 1926.1441(c)(2)(iii)

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OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment rated capacities available for reference. In addition, it is estimated that 5 % of
this equipment will be owned by employers who employ a registered professional
engineer on staff. For this equipment, OSHA estimates that it will take a qualified person
1 hour to develop rated capacities and clerical staff 1 minute to maintain (1/60 hour), and
5 minutes (5/60 hours) to make available, these ratings. The yearly burden hours and
cost of this paragraph are estimated to be:

A. Development and Documentation:

350 (equip. w/o mfrs. rated capacities) x .05 (RPE on staff) = 18 equip.

Burden hours: 18 equip. x 1 hour (develop/document/maintain) = 20 hours

Cost: 18 hours per year x $ 69.08 per hour (wage- registered professional engineer) =
$1,243 per year

B. Maintaining and Making Available:

Although some of the documentation required by this section would be produced by the
employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:

Burden hours: 350 equip. x 6/60 hour (maintain and make available) = 35 hours

Cost: 35 hours per year x $23.48 per hour (wage- clerical) = $ 822 per year

Total burden hours: 53 hours per year


Total cost: $ 2,065 per year

76) 29 CFR 1926.1441(c)(3)(ii)

OSHA estimates that 115,829 pieces of hoisting equipment will be used in the
construction industry per year. In previous economic analyses, OSHA construction staff
estimated that 40 % of this equipment would be rated at 2,000 lbs or less in capacity. In
light of hearing testimony and comments, OSHA believes that this percentage may be an
overestimate, but in the absence of additional information about the actual number of
cranes rated at this capacity, OSHA is continuing to include that percentage for the
purposes of this calculation to ensure that it does not underestimate the number of
equipment with procedures that are unavailable. OSHA construction staff estimates that
1 % of this equipment will not have the required procedures readily available.
Subsequently, OSHA construction staff assumes that it would take the employer, most

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likely a director, about 15 minutes (15/60 hour) to obtain and make this information
available to the operator. OSHA estimates the annual burden hours and cost for this
requirement are:

115,829 (equip. per year) x .40 (equip- 2,000 lbs or less) x .01 (equip w/o procedures
readily available) = 463 equip.

Burden hours: 463 equip. x 15/60 hour (obtaining/making information available) = 116
hours

Cost: 126 hours x $ 40.40 per hour (wage -A/D director) = $ 4,686 per year

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Table A-12 - Summary of Estimated Annualized Respondent Hour and Cost Burden
Number
Number of Average
Information Collection Total Total Avg.
Type of of Respons Burden Total
Requirement(s) Number Burden Hourly
Respondent Respon- es per per Burden
of Hours Wage
dents * Respon- Response Costs
Responses (rounded) Rate
dent (In Hrs.)
(A) 29 CFR Employer (Shift 1,500 1 1,500 30/60 750 $40.40 $30,300
1926.1402(c)(2) Director)
(B) 29 CFR 1926.1403(b) Employer (A/D 10 1 10 91/60 15 $40.40 $606
and 1926.1406(b) Director)
(C) 29 CFR Employer (A/D 50 1 50 40/60 33 $40.40 $1,333
1926.1404(f)(2) Director)
(D) 29 CFR 1926.1404(j) Employer 445 1 445 1/60 7 $23.48 $164
(Clerical)
(E) 29 CFR Employer 2,223 1 2,223 1/60 37 $23.48 $869
1926.1404(m)(1)(i) (Clerical)
(F) 29 CFR
1926.1407(a)(1)(i),
(a)(3)(i), (c), (d), (e), (f),
and 29 CFR 1926.1409
Employer (A/D 44,454 1 44,454 15/60 11,114 $40.40 $449,006
Director)
Employer 44,454 1 44,454 30/60 22,227 $69.08 $1,535,441
(Utility
Representative)
(H) 29 CFR 1926.1407(g) Employer 23,166 1 23,166 10/60 3,861 $22.49 $86,834
and 1926.1409 (Construction
Employee)
(I) 29 CFR
1926.1408(a)(2)(i), (iii)(A),
(c), (d)(1), (e), 29 CFR
1926.1409, 29 CFR
1926.1410(c)(1) and (j)
Employer (Shift 177,815 1 177,815 15/60 44,454 $40.40 $1,795,942
Director)
Employer 177,815 1 177,815 30/60 88,908 $69.08 $6,141,765
(Utility
Representative)
(J) 29 CFR 1926.1410(e) Employer (Shift 33,340 1 33,340 32/60 17,781 $40.40 $718,352
Director)
(K) 29 CFR 1926.1410(f) Employer 33,340 1 33,340 15/60 8,335 $69.08 $575,782
(Utility
Representative)
(L) 29 CFR 1926.1410(j)
Employer (Shift 333 1 333 32/60 178 $40.40 $7,191
Director)

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Employer 333 1 333 15/60 83 $69.08 $5,734


(Utility
Representative)
(M) 29 CFR Employer 1,158 1 1,158 20/60 386 $49.00 $18,914
1926.1412(a)(1)(i) (Qualified
Person)
(N) 29 CFR 1926.1412(b)
(1)(ii)(A)
Development and Employer 2,178 1 2,178 90/60 3,267 $49.00 $160,083
Documentation (Qualified
Person)
Maintaining and Making Employer 3,112 1 3,112 6/60 311 $23.48 $7,302
Available (Clerical)
(O) 29 CFR
1926.1412(c)(2)(i)
Development and Employer 622 1 622 90/60 933 $49.00 $45,717
Documentation (Qualified
Person)
Maintaining and Making Employer 889 1 889 6/60 89 $23.48 $2,090
Available (Clerical)
(P) 29 CFR Employer 4,500 12 54,000 20/60 18,000 $29.88 $537,840
1926.1412(e)(3)(i), (Competent
(e)(3)(ii), (f)(6), (g)(3), (h), Person)
1926.1413(b)(4) and
(c)(3)(ii)
(Q) 29 CFR Employer 7,500 1 7,500 20/60 2,500 $49.00 $122,500
1926.1412(f)(7), (Qualified
1926.1413(c)(4) and Person)
1926.1437(h)
(R)29 CFR Employer 2,778 1 2,778 6/60 278 $23.48 $6,527
1926.1413(a)(4)(ii)(A) (Clerical)
(S) 29 CFR
1926.1414(e)(2)(iii)
Employer 50 1 50 31/60 26 $29.88 $777
(Competent
Person)
Employer 150 1 150 10/60 25 $29.88 $747
(Competent
Person)
(T) 29 CFR Employer 105 1 105 66/60 116 $49.00 $5,684
1926.1417(b)(1) and (b)(2) (Qualified
Person)
(U) 29 CFR
1926.1417(b)(3)DD
Development and Employer 18 1 18 5/60 2 $69.08 $138
Documentation (Registered
Professional
Engineer)
Maintaining and Making Employer 350 1 350 1/60 6 $23.48 $141
Available (Clerical)
(V)29 CFR 1926.1417(j) Employer 111,134 1 111,134 10/60 18,522 $40.40 $748,289
(1) (Operator)

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(W) 29 CFR Employer 1,500 1 1,500 5/60 125 $29.88 $3,735


1926.1417(j)(2) (Signal Person)
(X) 29 CFR Employer (Shift 1,500 1 1,500 1/60 25 $40.40 $1,010
1926.1423(j)(2) Director)
(Y) 29 CFR Employer 266,722 1 266,722 10/60 44,454 $22.49 $999,770
1926.1424(a)(2)(ii) (Construction
Employee)
(Z) 29 CFR Employer 444,537 2 889,074 0.5/60 7,409 $22.49 $166,628
1926.1424(a)(3)(i) and ii) (Construction
Employee)
(AA) 29 CFR Employer 119,904 0.39651 47,543 0.05 2,377 $23.48 $55,812
1926.1427(a), (c)(1), (Clerical)
(c)(1)(v), (c)(2), (d)(2),
(d)(3), (d)(4), (e)(6)(ii), and
(h)(2)
(BB) 29 CFR Employer 49,846 0.41572 49,846 0.08 3,988 $43.70 $174,276
1926.1427(f)(6) (Supervisor)
(CC) 29 CFR Employer 119,904 0.03966 4,755 0.17 808 $43.70 $35,310
1926.1427(h)(1)(i) and (ii) (Supervisor)
(DD) 29 CFR Employer 777,940 1 777,940 7/60 90,760 $23.48 $2,131,045
1926.1428(a)(1)(2)(3) (Clerical)
(EE) 29 CFR 1926.1428(b) Employer 15,559 1 15,559 7/60 1,815 $23.48 $42,616
(Clerical)
(FF) 29 CFR Employer (Shift 100 1 100 30/60 50 $40.40 $2,020
1926.1431(o)(3)(i) Director)
(GG) 29 CFR Employer (Shift 500 1 500 30/60 250 $40.40 $10,100
1926.1431(p)(4)(i) Director)
(HH) 29 CFR 1926.1431 Employer (A/D 500 1 500 30/60 250 $40.40 $10,100
(r)(3)(i) Director)
(II) 29 CFR Employer (Shift 1,000 1 1,000 30/60 500 $40.40 $20,200
1926.1431(s)(3)((i) Director)
(JJ) 29 CFR 1926.1433(e) Employer 50 1 50 5/60 4 $29.88 $120
(Competent
Person)
(KK) 29 CFR
1926.1434(a)(1)(i),
(a)(1)(ii) and
1926.1441(b)(2)(i)
Submission of Modification Employer 1,158 1 1,158 90/60 1,737 $49.00 $85,113
Request for Manufacturer (Qualified
Approval Person)
Maintaining and Making Employer 290 1 290 6/60 29 $23.48 $681
Available (Clerical)
(LL) 29 CFR
1926.1434(a)(2)(i), (a)(3),
(a)(4), (a)(5), (b) and
1926.1441(b)(2)(i)(B)
Development and Employer 96 1 96 2 192 $69.08 $13,263
Documentation (Registered
Professional
Engineer)
Maintaining and Making Employer 637 1 637 6/60 64 $23.48 $1,503
Available (Clerical)

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(MM) 29 CFR Employer 2,317 1 2,317 1/60 39 $23.48 $916


1926.1435(b)(3) (Clerical)
(NN) 29 CFR Employer 2,317 1 2,317 1/60 39 $23.48 $916
1926.1435(b)(7)(ii) (Clerical)
(OO) 29 CFR Employer 23 1 23 6/60 2 $23.48 $47
1926.1435(f)(3)(ii) (Clerical)
(PP) 29 CFR Employer 463 1 463 11/60 85 $29.88 $2,540
1926.1436(g)(4) (Competent
Person)
(QQ) 29 CFR Construction 800 1 800 10/60 133 $22.49 $2,991
1926.1437(c)(2)(ii)) Employee
(Employer)
(RR) 29 CFR
1926.1437(h)(6)
Monthly Inspections Employer 200 12 2,400 15/60 600 $29.88 $17,928
(Competent
Person)
Annual Inspections Qualified 200 1 200 15/60 50 $49.00 $2,450
Person
(Employer)
Four-year Inspections: Employer 60 1 60 15/60 15 $69.08 $1,036
Development and (Registered
Documentation Professional
Engineer)
Four Year Inspections: Employer 200 1 200 6/60 20 $23.48 $470
Maintaining and Making (Clerical)
Available
(SS) 29 CFR Employer 10 1 10 1/60 1 $23.48 $23
1926.1437(m)(4) (Clerical)
(TT) 29 CFR
1926.1437(n)(2)
Development and Qualified 13 1 13 90/60 20 $49.00 $980
Documentation Person
(Employer)
Maintaining and Making Employer 50 1 50 1/60 1 $23.48 $23
Available (Clerical)
(UU) 29 CFR
1926.1437(n)(5)(v)
Development and Employer 15 1 15 90/60 23 $69.08 $1,589
Documentation (Registered
Professional
Engineer)
Maintaining and Making Employer 50 1 50 1/60 1 $23.48 $23
Available (Clerical)
(VV) 29 CFR
1926.1437(n)(6)(i)
Development and Employer 3 1 3 90/60 5 $69.08 $345
Documentation (Registered
Professional
Engineer)
Maintaining and Making Employer 10 1 10 1/60 1 $23.48 $23
Available (Clerical)

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(WW) 29 CFR Qualified 463 1 463 10/60 77 $49.00 $3,773


1926.1441(c)(2)(i) Person
(Employer)
(XX) 29 CFR
1926.1441(c)(2)(ii)
Development and Qualified 105 1 105 1.00 105 $49.00 $5,145
Documentation Person
(Employer)
Maintaining and Making Employer 350 1 350 6/60 35 $23.48 $822
Available (Clerical)
(YY) 29 CFR
1926.1441(c)(2)(iii)
Development and Employer 18 1 18 1 18 $69.08 $1,243
Documentation (Registered
Professional
Engineer)
Maintaining and Making Employer 350 1 350 6/60 35 $23.48 $822
Available (Clerical)
(ZZ) 29 CFR
1926.1441(c)(3)(ii)
Employer (A/D 463 1 463 15/60 116 $40.40 $4,686
Director)

TOTAL - - 2,750,968 398,500 $16,808,094

* For purposes of calculating respondents, the agency assumes a 1-to-1 ratio between
establishments, employers, and crane or derrick equipment. As stated at the beginning of Item 12,
the Agency estimates the number of covered establishments and total respondents for this ICR is
212,625. This includes the existing 209,851 establishments previously-approved under this ICR
and 2,774 additional propane establishments previously approved under OMB control number
1218-0270 in association with the Operator Qualification final rule (212,625 = 209,851 + 2,774).
It is assumed that each respondent would be engaged in multiple activities quantified under the
subpart.

13. Provide an estimate of the total annual cost burden to respondents or


recordkeepers resulting from the collection of information. (Do not include the cost
of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and
start-up cost component (annualized over its expected useful life) and (b) a total
operation and maintenance and purchase of service component. The estimates
should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include descriptions of methods used to
estimate major cost factors including system and technology acquisition, expected
useful life of capital equipment, the discount rate(s), and the time period over which

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costs will be incurred. Capital and start-up costs include, among other items,
preparations for collecting information such as purchasing computers and software;
monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of
cost burdens and explain the reasons for the variance. The cost of purchasing or
contracting out information collections services should be a part of this cost burden
estimate. In developing cost burden estimates, agencies may consult with a sample
of respondent (fewer than 10), utilize the 60-day pre-OMB submission public
comment process and use existing economic or regulatory impact analysis associated
with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or


portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory
compliance with requirements not associated with the information collection, (3) for
reasons other than to provide information or keep records for the government, or
(4) as part of customary and usual business or private practices.

1) 29 CFR 1926.1404(j)

This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when information is not available for the employer
to reference and ensure that the manufacturers’ limitations have not been exceeded
regarding the maximum length of boom that may be supported by only cantilevering
during A/D operations. OSHA construction staff estimates that 20% of the 1,111,343
hoisting jobs performed in construction will require A/D. It is further estimated that
equipment in only 20 % of these jobs will need the boom supported by only cantilevering
during A/D work. OSHA construction staff estimates that 1% of the equipment used on
these jobs, primarily older equipment models, will not have information available from
the manufacturer regarding cantilevered boom support. Subsequently, OSHA
construction staff estimates that it would take a registered engineer an average of 1.5
hours to develop and document the required information for employers who request this
information (the burden for maintaining the information is taken in Item 12). The yearly
cost of this paragraph is estimated to be:

Cost: 1,111,343 (total equipment) x .20 (A/D jobs) x .20 (cantilevered boom support) x
.01 (equipment w/o man. specs) x 1.5 hour (to develop and document) x $69.08 per hour
(wage-registered engineer) = $46,063

2) 29 CFR 1926.1404(m)(1)(i); cost for 29 CFR 1926.1404(m)(1)(ii) taken under 29


CFR 1926.1434

This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when selection of components and configurations
of the equipment that affect the capacity are not in accordance with the manufacturer’s

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specifications. OSHA construction staff estimates that 20 % of the 1,111,343 hoisting


jobs performed in construction will require A/D. OSHA construction staff further
estimates that, primarily for older equipment, employers will exercise this option during 1
% of these jobs when the manufacturer specifications are not available. Subsequently,
OSHA construction staff estimates that it would take a registered engineer an average of
1.5 hours to develop and document the required information for employers who exercise
this option. The yearly cost of this paragraph is estimated to be:

Cost: 1,111,343 (total jobs) x .20 (A/D jobs) x .01 (equip. w/o man. specs) x 1.5 hours
(to develop and document) x $ 69.08 per hour (wage- registered engineer) = $230,315

3) 29 CFR 1926.1408 Table A and 1926.1409(b)

This provision also applies to section 1926.1409 for work around power lines that are
above 350 kV. OSHA estimates that 20 % of the estimated 1,111,343 hoisting jobs in
construction will be performed near power lines. In addition, OSHA construction staff
estimates that on 5 % of those jobs, cranes and derrick will be operated close to power
lines that are over 1,000 KV. It is estimated that 90 % of the employers would call the
utility for the information required by this provision. The other 10 % would opt to consult
an RPE to calculate the minimum clearance distance applicable to 1,000KV power lines.
Subsequently, OSHA estimates it would take an RPE 30 minutes (.5 hour) to make the
determination required by Table A and to communicate this information to the employer.

Cost: 1,111,343 (hoisting jobs) x .20 (near power lines) x .10 (employers who consult
RPE) x .05 (jobs performed near 1,000KV lines) x .5 hour (calculate and communicate) x
$69.08 per hour (wage- RPE) = $38,386 per year

4) 29 CFR 1926.1410(c)(1)

OSHA estimates that 20 % of the estimated 1,111,343 hoisting jobs in construction will
be performed near power lines. In addition, OSHA construction staff estimates that on 5
% of those jobs, cranes and derrick will be operated closer to power lines than Table A
allows. It is estimated that 90% of the employers would call the utility for the
information required by this provision. The other 10 % would opt to use an RPE to
calculate the minimum clearance distance applicable to the power lines. Subsequently,
OSHA construction staff estimates that it would take an RPE 30 minutes (.5 hour) to
make the determination required by Table A and to communicate this information to the
employer.

Cost: 1,111,343 (hoisting jobs) x .20 (near power lines) x .10 (employers who consult
RPE) x .05 (jobs performed inside of Table A) x .5 hour (calculate and communicate) x
$69.08 per hour (wage- RPE) = $38,386 per year

5) 29 CFR 1926.1410(d)

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OSHA estimates that 20 % of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. OSHA construction staff estimates that 15 % of those jobs will
be performed closer to the power line than Table A allows. Employers, most likely one
shift director per one of these jobs, are required to have a planning meeting with the
utility operator, or a registered professional engineer, to discuss the procedures necessary
to avoid contact with the power lines in the vicinity of the work area. During this
meeting the shift director would discuss these procedures as required in 29 CFR

1926.1410(d) and document and make them immediately available as required by 29


CFR 1926.1410(e).

While it is usual and customary for the shift director to plan the meeting and document
the procedures with the utility owner/operator, it may not be usual and customary to do so
with the RPE. Therefore for 1% of those jobs performed closer to the power line than
Table A allows, employers will opt to have a RPE rather than the utility owner/operator
develop documentation and attend in the planning meeting. OSHA estimates an RPE will
takes 30 minutes (.5 hour) to plan, and 15 minutes (.25 hour) to conduct/attend the
planning meetings person with respect to electric power transmission and distribution.
OSHA estimates the annual cost for this requirement is:

Cost: 1,111,343 (total hoisting jobs) x .20 (jobs in proximity to power lines) x .15 (closer
than Table A) x .01 (% of employers choosing an RPE) x .75 hours (for RPE to plan and
attend the meeting) x $69.08 (wage-RPE) = $17,274

6) 29 CFR 1926.1410(f)

OSHA estimates that 20 % of the 1,111,343 hoisting jobs per year will be performed near
at least one power line. OSHA construction staff estimates that 15 % of those jobs will
be performed closer to the power line than Table A allows. Employers, most likely the
shift director, and the utility operator on these jobs are required by this standard to
conduct a meeting that will allow the equipment operator and other employees who will
be in the area of the equipment or load to review the hoisting procedures documented in
accordance with paragraph (e) of this section. The Agency believes it would take the
utility representative 20 minutes (.33 hour) to plan and 15 minutes (.25 hour) to assist in
conducting the required meeting. OSHA estimates the annual cost for this requirement is:

Cost: 1,111,343 (total hoisting jobs) x .20 (jobs in proximity to power lines) x .15 (closer
than Table A) x .58 hours (.33 hour (plan) + .25 hour (conduct meeting)) x $29.88 (wage-
utility operator who is a competent person) = $577,801

7) 29 CFR 1926.1411 Table T

OSHA estimates that 20 % of the estimated 1,111,343 hoisting jobs in construction will
be performed near power lines. In addition, OSHA construction staff estimates that on 5
% of those jobs, cranes and derrick will be operated close to power lines that are over

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1000 KV, and the equipment will have to travel without a load in proximity of the power
lines on 25 % of those jobs. It is estimated that 90 % of the employers would call the
utility for clearance distances while the other 10 % would opt to use an RPE to calculate
the minimum clearance distance applicable to these power lines. Subsequently, OSHA
construction staff estimates that it would take an RPE 30 minutes (.5 hour) to make the
determination required by Table A and to communicate this information to the employer.

Cost: 1,111,343 (hoisting jobs) x .20 (near power lines) x .25 (must travel without load)
x .10 (employers who consult RPE) x .05 (jobs performed near 1,000KV lines) x .5 hour
(calculate and communicate) x $69.08 per hour (wage- RPE) = $9,596 per year

8) 29CFR 1926.1412(b)(1)(ii)(A)

OSHA estimates that 1,111,343 hoisting jobs will be performed per year in the
construction industry. OSHA construction staff estimates that on 70 % of these jobs,
pieces of equipment will be used on which repairs/adjustments have been made that will
affect the safe operation of the equipment. OSHA construction staff also estimates that
the manufacturer’s equipment criteria will not be available for .05 % of those jobs using
repaired/adjusted pieces of equipment. Under these scenarios, a qualified person must
determine if he or she must develop criteria or if an RPE is needed to do so. Although it
is not explicitly required by this provision, the Agency assumes that 70 % of the qualified
persons will opt to develop the criteria and 30 % will opt to consult a registered
professional engineer. Although not explicitly required, OSHA estimates that 80 % of
those qualified persons will document the developed criteria. OSHA construction staff
estimates that it would take a qualified person on average 1.5 hour to develop and
document. The yearly cost of this paragraph is estimated to be:

Cost: 1,111,343 (total hoisting jobs) x .70 (jobs that will affect pieces of equipment) x
.005 (equipment w/o mfr criteria) x .30 (done by RPE) x 1.5 hours (time to develop and
document) x $69.08 per hour (wage - RPE) = $120,915

9) 29 CFR 1926.1412(c)(2)(i)

OSHA construction staff estimates that 20% of the 1,111,343 hoisting jobs performed in
construction will require A/D. OSHA construction staff estimates that on .05 % of these
A/D jobs, equipment will be used for which the manufacturer’s recommended
configurations will not be available. Under these scenarios, a qualified person must
determine if he or she must develop criteria that establishes safe configurations of the
equipment or if there is a need for an RPE to make such determinations. Although it is
not explicitly required by this provision, the Agency assumes that 70 % of the qualified
persons will opt to develop the criteria themselves and the other 30 % would hire an RPE.
OSHA construction staff estimates that it would take an RPE or qualified person 1 hour
to develop and 30 minutes (.5 hour) to document/maintain the required information. The
yearly cost of this paragraph is estimated to be:

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Cost: 1,111,343 (equip. per year) x .20 (A/D jobs) x .005 (equip. w/o mfr. criteria) x .30
(done by RPE) x 1.5 hour (develop and document) x $69.08 per hour (wage- RPE) =
$34,547

10) 29 CFR 1926.1413(a)(4)(ii)(A)

OSHA believes that number of shifts per hoisting job in construction is too variable to try
to estimate how many occur in the industry per year. However, OSHA estimates that
1,111,343 hoisting jobs will be performed in the construction industry per year. OSHA
construction staff estimates that during shift inspections on 1% of these jobs, Category II
wire rope deficiencies will be discovered that will require the employer to make an
assessment of continued safe operations of equipment if the damaged wire rope continues
to be used. Furthermore, OSHA construction staff estimates that during the inspection of
75 % of these hoisting jobs, the employer will opt to simply remove the damaged rope
from service. The remaining 25 % of the employers will opt to obtain written approval
from the manufacturer for different criteria which would allow the rope to remain in
service. Subsequently, OSHA construction staff estimates that it would take the
manufacturer, most likely a qualified person, 1 hour to review and 30 minutes (.5 hours)
to document a response. The yearly cost of this paragraph is estimated to be:

Cost: 1,111,343 (jobs per year) x .01 (insp. w/ Cat II damaged wire rope) x .25
(employers. who opt to get approval) x 1.5 hours (1 hour (review) + .5 hour (document))
x $49.00 per hour (wage-qualified person-mfr.) = $204,209

11) 29 CFR 1926.1417(b)(1) and 1417(b)(2)

OSHA construction staff estimates that the manufacturer’s operating procedures will not
be available for 350 pieces of equipment used to perform construction activities,
primarily older models. It is estimated that 70% of this equipment is owned by
employers who do not employ the required qualified person. Subsequently, OSHA
construction staff estimates that, under this scenario, it will take a qualified person 1 hour
to develop/document, 1 minute (.02 hour) to maintain, and 5 minutes (.08 hour) to make
available procedures that are necessary for the safe operation of the equipment and
attachments.

Cost: 350 (equip. w/o mfrs. procedures) x .70 (QP not employed on staff) x 1.10 [1.02
hour (develop/document/maintain) + .08 hour (make available)] x $49.00 per hour (wage
- employer/qualified person) = $13,206 per year

12) 29 CFR 1926.1417(b)(3)

OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, the manufacturer’s procedures related to
the capacity of the equipment will not be available. In addition, it is estimated that 95 %
of this equipment will be owned by employers who do not employ a registered

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professional engineer on staff and will contract for this service. Under this scenario,
OSHA construction staff estimates that it would take 1 hour for a registered professional
engineer (RPE) who is familiar with the equipment to develop and document these
procedures. The yearly cost of this paragraph is estimated to be:

Cost: 350 (equip. w/o mfrs. procedures) x .95 (% contracted w/ RPE) x 1 hour
(develop/document) x $69.08 per hour wage (RPE) = $22,969

(13) 29 CFR 1926.1427(e) 8

While OSHA had previously estimated that as many as 10 employers might choose to
certify their own employees in accordance with 29 CFR 1926.1427(e), almost a decade
has passed since the promulgation of the rule and OSHA is not aware of any such
programs anywhere in the country. Despite this, for the purpose of calculating paperwork
costs, OSHA construction staff estimates that at least one employer will opt to get
accredited and certify its own employees in accordance with 1926.1427(e). OSHA
included this estimate in its proposed ICR and received no comment on it.

In addition, it is assumed that this employer will provide testing materials to an auditor
for approval because it is believed that obtaining a test from accredited crane/derrick
testing organizations would most likely not be cost effective for the employer or the
accredited testing organization will not provide tests for employers. When employers
choose to have their tests audited, it is estimated that it would take the auditor, most
likely a qualified educator/manager, 2 hours to review and approve the test the employer
would submit for approval. It is also very likely that the auditor will document this
approval. This audit will occur every three years, so the annual audit rate is 33%.
Because the audit of the re-qualification procedures required by 29 CFR 1926.1427(e)(4)
would take place during the audit of the entire program, the burden hours and cost are
captured in the following calculation. The yearly cost of this paragraph is estimated to be:

Cost: 1 (employer) x 2 hours (time to review/approve/document) x .33 (annual audit rate)


x $49.00 (wage of qualified person- auditor) = $32.00 (rounded)

14) 29 CFR 1926.1427(e)(2)(i), (e)(3), and (e)(4)

OSHA construction staff estimates that at least one employer will opt to get accredited
and certify its own employees. It is estimated that it would take an auditor, most likely a
qualified educator/manager, 2 hours to review and approve the testing circumstances in
accordance with this paragraph. This audit will occur every three years, so the annual
audit rate is 33%. Because the audit of the re-qualification procedures required by 29
CFR 1926.1427(e)(4) would take place during the audit of the entire program, the burden

8
Equations 13-16 of Item 13 have been updated to incorporate into this ICR the costs approved
under OMB control number 1218-0270, which are associated with the 2018 “Cranes and Derricks in
Construction: Operator Qualification” final rule.

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hours and cost are captured in the following calculation. The yearly cost of this paragraph
is estimated to be:

Cost: 1 (employer) x 2 hours (time to review/approve) x .33 (annual audit rate) x $49.00
(wage of qualified person- auditor) = $32.00 (rounded)

15) 29 CFR 1926.1427(e)(3), (e)(5)(ii), and (e)(5)(iv)

OSHA construction staff estimates that at least one employer will opt to get accredited
and certify its own employees in accordance with 1926.1427(e). It is estimated that it
would take an auditor, most likely a qualified educator/manager, 30 minutes (.5 hour) to
document the audit and maintain that record for three years and make it available to the
Secretary of Labor upon request. This audit will occur every three years, so the annual
audit rate is 33%. The yearly cost of this paragraph is estimated to be:

Cost: 1 (employer) x .5 hour (time to document/maintain/make available) x .33 (annual


audit rate) x $49.00 (wage - qualified person, auditor) = $8.00 (rounded)

16) 29 CFR 1926.1427(e)(5)(iii)

OSHA estimates that one of the employers covered by this standard would fail the audit
of its test and test administration required by this provision. Therefore it is estimated that
it would take an auditor 15 minutes (.25 hour) to file a report to an OSHA Regional
Office regarding certification program deficiencies discovered during an audit. The
yearly cost of this paragraph is estimated to be:

Cost: 1 (employer who program fails) x .25 hour (time to file documents with OSHA) x
$49.00 per hour (wage- qualified person, auditor) = $12

17) 29 CFR 1926.1434(a)(1)(i), (a)(1)(ii); 29 CFR 1926.1404 (m)(1)(ii) and


1926.1441(b)(2)(i)(B)

This provision also applies to modifications made in accordance with section


1926.1441(b)(2)(i)(B). Of the 115,829 cranes in use per year, OSHA construction staff
estimates that 1% of this equipment will be modified. In these scenarios, the
manufacturer, most likely a qualified person, must approve such modifications submitted
by the employer to ensure that the modifications will not compromise the safe operation
of the equipment. OSHA construction staff estimates that it would take a qualified
person 2 hour to review and 30 minutes (.5 hour) to document the modification request.
It is also assumed that the employer would also calculate and document proposed
modifications of the load charts, procedures and other necessary information that are
required in accordance with paragraph (a)(1)(ii) of this section. OSHA estimates that the
annual cost of this provision is:

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Cost: 115,829 (equip. per year) x .01 (modified equipment) x 2.5 hours (2 hours (review
request and modifications of equipment/tags/charts/procedures) + .5 hour (document)) x
$49.00 per hour (wage - qualified person- manufacturing) = $141,891

18) 29 CFR 1926.1434(a)(1)(ii)

Burdens taken with requirement in 29 CFR 1926.1434(a)(1)(i). (See calculations for


section 1926.1434(a)(1)(i) for accounting of cost.)

19) 29 CFR 1926.1434(a)(2)(i), (a)(3), (a)(4), (a)(5), (b) and 1926.1441(b)(2)(i)(B)

This provision also applies to modifications made in accordance with section


1926.1441(b)(2)(i)(B). Of the 115,829 cranes in use per year, OSHA construction staff
estimates that 1% of this equipment will be modified in a manner that will affect the safe
operation of the equipment, thus requiring the employer to send a modification proposal
to the manufacturer. Of this 1%, OSHA construction staff estimates that 45 % of the
proposals will be approved by the manufacturer or rejected with explanation, and the
other 55 % of proposals will be ignored by the manufacturer or rejected without
explanation. For this latter 55%, which requires an RPE to review the modification,
OSHA construction staff estimates that 85 % percent of employers who own this
equipment would not have a registered professional engineer (RPE) on staff that is
qualified to perform the review. In addition, it is estimated that it would take an RPE 1
hour to review the modification request, 30 minutes (.5 hour) to modify load charts,
procedures, instruction manuals, and instruction plates/tags/decals and 30 minutes (.5
hour) to document the modification approval. OSHA estimates that the annual cost of this
provision is:

Cost: 115,829 (equip. per year) x .01 (modified equipment) x .55 (% manufacturer
refuses to review or rejects without explanation) x .85 (RPE not on staff) x 2 (1 hour
(review) + .5 hour (doc) + .5 hour (time to modify tags/charts/procedures)) x $69.08 per
hour (wage - RPE) = $74,814

20) 29 CFR 1926.1435(b)(3)

OSHA construction staff estimates that 2 percent of the 115,829 cranes used in
construction annually are tower cranes. Furthermore, OSHA construction staff estimates
that it would take an RPE 2.5 hours to engineer and document the design of a tower
crane’s foundation and structural support.

Cost: 115,829 (equip. per year) x .02 (tower cranes) x 2.5 hours (engineer and
document) x $69.08 per hour (wage- RPE) = $400,073 per year

21) 29 CFR 1926.1435(b)(7)(ii)

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OSHA construction staff estimates that 2 % of the 115,829 cranes used in construction
annually are tower cranes. Furthermore, OSHA construction staff estimates that it would
take an RPE 2 hours to calculate/verify and 30 minutes (.5 hours) to document that the
host structure is strong enough to sustain the forces imposed through the braces, brace
anchorages and supporting floors.

Cost: 115,829 (total equip.) x .02 (tower cranes) x 2.5 hours (verify and document) x
$69.08 per hour (wage- RPE) = $400,073 per year

22) 29 CFR 1926.1435(c)(5)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that 2% of this
equipment will be tower cranes. Furthermore it is estimated that 1% of the equipment,
generally older models, will not have the manufacturer’s recommendations and
specifications available. Subsequently, when the manufacturer’s recommendations and
specifications are not available, OSHA construction staff estimates that it will take a
registered professional engineer, who is familiar with that type of equipment, 1 hour to
approve the size and location of signs the employer may display on the equipment
specified by the employer, and 30 minutes (.5 hours) to document that approval. The
yearly cost of this paragraph is estimated to be:

Cost: 115,829 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) x 1.5 hours (1
hour (approve) + .5 hour (doc)) x $69.08 per hour (wage- RPE) = $2,400

23) 29 CFR 1926.1435(f)(3)(ii)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that 2% of this
equipment will be tower cranes. Furthermore it is estimated that 1% of the equipment,
generally older models, will not have the manufacturer’s recommendations and
specifications available. Subsequently, when the manufacturer’s recommendations and
specifications are not available, OSHA construction staff estimates that it will take a
registered professional engineer, who is familiar with that type of equipment, 2 hours to
develop and 30 minutes (.5 hours) to document load test procedures that can be used
safely by the employer. The yearly cost of this paragraph is estimated to be:

Cost: 115,829 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) x 2 hours
(develop) + .5 hour (doc) x $69.08 per hour (wage- RPE) = $4,001

24) 29 CFR 1926.1437(h)(6)

Burden hours/costs for documentation of crane inspections required by paragraphs (h)(2),


(h)(4) of this section are accounted under 29 CFR 1926.1412(e)(3) and (f)(7). The
monthly and annual inspection requirements are addressed in Item 12. The four-year
inspection required by this paragraph must be conducted by a marine engineer, marine
architect, licensed surveyor, or other qualified person who has expertise with respect to

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vessels/flotation device. For purposes of this calculation, OSHA assumes that the four-
year inspection will be conducted by a person with the wage rate equivalent to that of a
professional engineer, and that 70% of the employers will not have such a person on
staff. OSHA assumes that, in accordance with §1926.1437(h), within the first year
following the effective date of this rule will conduct 1 four-year inspection. The yearly
cost of this paragraph is estimated to be:

Four-Year inspections:

Cost: 200 floating cranes x .70 (% appropriately qualified person not on staff) x .15 hour
(develop/document) x $69.08 per hour (wage- professional engineer) = $1,451

25) 29 CFR 1926.1437(m)(4)

The Agency estimates that 115,829 pieces of hoisting equipment will be used in the
construction industry per year and OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that 5% of these floating cranes/derricks will utilize
employer-made equipment. Subsequently, OSHA estimates that it will take a registered
professional engineer 1 hour to calculate and .5 hour to document that the load charts and
applicable parameters for use meet the requirements of paragraphs 29 CFR
1926.1437(m)(1) through (m)(3). The burden for maintaining this documentation is taken
in Item 12. The yearly cost for developing and documenting employer-made equipment
is estimated to be:

Cost: 200 (equip. per year) x .05 (w/ employer-made equipment) x 1.5 hours (calculate
and document x $69.08 per hour (wage- registered professional engineer/qualified
person) = $1,036

26) 29 CFR 1926.1437(n)(2)

Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1,000 of the 1,111,343 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.

Since the employer has an option to use a qualified person (who is familiar with floating
crane/derrick designs) to determine the required ratings, OSHA construction staff
estimates that 70% of the employers would likely consult the manufacturer to make the
required calculations. The other 30% of the employers would use a qualified person on its

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staff. OSHA construction staff estimates that the manufacturer’s RPE would take 1 hour
to calculate and 30 minutes (.5 hour) to document the required determinations. The
yearly cost of this paragraph is estimated to be:

Cost: 1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and reinstalled equip)
x .70 (mfr. qualified person/RPE) x 1.5 hours (develop/document) r x $69.08 per hour
(wage- mfr. RPE) = $3,627 per year

27) 29 CFR 1926.1437(n)(3)

Costs for 29 CFR 1926.1437(n)(3) are accounted as part of the documentation required
by section 1926.1437(n)(2). (See calculations for 29 CFR 1926.1437(n)(2) for an
accounting of these costs.)

28) 29 CFR 1926.1437(n)(5)(v)

Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1,000 of the 1,111,343 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.

For the jobs where the cranes and derricks are removed from the flotation devices, OSHA
estimates that it will take a marine engineer/registered professional engineer or a
qualified person who is familiar with floating crane/derrick designs, 1 hour to develop
and .5 hour to document information which confirms the safety of the equipment’s
mounting design. It is estimated that 70% of the employers for these jobs would opt to
contract the services of a marine engineer, while the other 30% would use a staff
employee who is a qualified person to make these determinations. The yearly cost of this
paragraph for a marine engineer is estimated to be:

Cost: 1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and reinstalled
equip) x .70 (qualified person/RPE not on staff) x 1.5 hours (develop and document) x
$69.08 per hour (wage- RPE) = $3,627 per year

29) 29 CFR 1926.1437(n)(6)(i)

Of the 115,829 cranes in use per year, OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that for 25% of the floating equipment used in the
industry, land cranes/derricks will be mounted on a flotation device/vessel and used to

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hoist loads. Subsequently, OSHA construction staff estimates that for 20% of this
equipment, mobile auxiliary cranes (two cranes/derricks on the flotation device/vessel)
will need to be mounted to a floatation device/vessel to perform the construction hoisting
job. For these jobs, OSHA estimates that it will take a marine engineer/registered
professional engineer, who is familiar with floating crane/derrick designs, 1 hour to
develop and .5 hour to document a confirmation of the safety of the equipment
attachment design. It is estimated that 70% of the employers for these jobs would opt to
contract for the services of a marine engineer, while the other 30% would use an existing
employee who is a qualified person to make these determinations. The cost of this
paragraph is estimated to be:

Cost: 200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile auxiliary
cranes jobs) x .70 (contract marine engr./RPE) x 1.5 (calculate and document) x $69.08
per hour (wage- marine engineer/registered professional engineer) = $725 per year

30) 29 CFR 1926.1441(b)(2)(i)(A)

This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when the manufacturer’s specifications are not
available regarding the selection of components and configurations of the equipment that
affect its capacity or safe operation. OSHA construction staff estimates that, primarily
for older equipment, employers will exercise this option during 100 of the hoisting jobs
performed per year by cranes with a rated capacity of 2,000 pounds or less. Subsequently,
OSHA construction staff estimates that it would take an average of 30 minutes (.5 hour)
for a registered professional engineer to develop, and 15 min (.25) to document, the
required information. The yearly cost of this paragraph is estimated to be:

Cost: 100 (equip. w/o man. specs) x .75 hour (develop and document)] x $69.08 per hour
(wage- registered engineer) = $5,181 per year

31) 29 CFR 1926.1441(c)(2)(ii)

OSHA construction staff estimates that for 500 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment operational controls procedures available for reference. In addition, it is
estimated that 70% of this equipment will be owned by employers who do not employ a
qualified person on staff to develop procedures for operational controls in accordance
with this provision. For this equipment, OSHA estimates that it will take a qualified
person 1 hour to develop and document procedures for the operational controls (see Item
12 for burden of maintaining and making available procedures). The annual cost of this
paragraph is estimated to be:

Cost: 500 (equip w/o procedures) x .70 (QP not on staff) x 1 hour (develop/document) x
$49.00 per hour (wage- qualified person) = $17,150

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32) 29 CFR 1926.1441(c)(2)(iii)

OSHA construction staff estimates that for 500 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment rated capacities available for reference. In addition, it is estimated that 95 %
of this equipment will be owned by employers who do not employ a registered
professional engineer on staff. For these jobs, OSHA estimates that it will take a
registered professional engineer, who is familiar with the equipment, 1 hour to
develop/document procedures related to the capacity of the equipment. The yearly cost of
this paragraph is estimated to be:

Cost: 500 (equip. w/o mfrs. procedures) x .95 (RPE not on staff) x 1 hour
(develop/document) x $69.08 per hour (wage- registered professional engineer) =
$32,813

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Table 1 - Capital Costs


Approved Capital Requested Cost
Information Collection Costs Item 13 Costs Adjustment
Requirements Item 13 (under 1218-0261) Change

1) 29 CFR 1926.1404(j) $44,422 $46,063 $1,641


2) 29 CFR 1926.1404(m)(1)(i) $222,040 $230,315 $8,275
3) 29 CFR 1926.1408 Table A and $36,995 $38,386 $1,391
1926,1409(b)
4) 29 CFR 1926.1410(c)(1) $36,995 $38,386 $1,391
5) 29 CFR 1926.1410(d) $16,675 $17,274 $599
6) 29 CFR 1926.1410(f) $518,241 $577,801 $59,560
7) 29 CFR 1926.1411 Table T $9,249 $9,596 $347
8) 29 CFR 1926.1412(b) (1)(ii)(A) $116,590 $120,915 $4,325
9) 29 CFR 1926.1412(c)(2)(i) $35,626 $34,547 -$1,079
10) 29 CFR 1926.1413(a)(4)(ii)(A) $188,983 $204,209 $15,226
11) 29 CFR 1926.1417(b)(1) and $12,412 $13,206 $794
(b)(2)
12) 29 CFR 1926.1417(b)(3) $22,481 $22,969 $488
13) 29 CFR 1926.1427(e) 9 $273 $32 -$241
14) 29 CFR 1926.1427(e)(2)(i), (e)(3), $273 $32 -$241
and (e)(4)
15) 29 CFR 1926.1427(e)(3), (e)(5)(ii) $68 $8 -$60
and (e)(5)(iv)
16) 29 CFR 1926.1427(e)(5)(iii) $41 $12 -$29
17) 29 CFR 1926.1434(a)(1)(i), $128,716 $141,891 $13,175
(a)(1)(ii), (a)(3), 1926.1404(m)(1)(ii),
1926.1441(b)(2)(i)(B)
19) 29 CFR 1926.1434(a)(2)(i), (a)(3), $70,683 $74,814 $4,131
(a)(4), (a)(5), (b), and
1926.1441(b)(2)(i)(B)
20) 29 CFR 1926.1435(b)(3) $378,056 $400,073 $22,017
21) 29 CFR 1926.1435(b)(7)(ii) $378,056 $400,073 $22,017

22) 29 CFR 1926.1435(c)(5) $2,295 $2,400 $105


23) 29 CFR 1926.1435(f)(3)(ii) $3,781 $4,001 $220
24) 29 CFR 1926.1437(h)(6) $1,418 $1,451 $33
25) 29 CFR 1926.1437(m)(4) $1,013 $1,036 $23
26) 29 CFR 1926.1437(n)(2) $3,578 $3,627 $49
28) 29 CFR 1926.1437(n)(5)(v) $3,578 $3,627 $49
29) CFR 1926.1437(n)(6)(i) $743 $725 -$18
30) 29 CFR 1926.1441(b)(2)(i)(A) $5,063 $5,181 $118
31) 29 CFR 1926.1441(c)(2)(ii) $16,090 $17,150 $1,060
32) 29 CFR 1926.1441(c)(2)(iii) $32,067 $32,813 $746
Totals $2,286,501 $2,442,613 $156,112

9
Equations 13-16 of Item 13 have been updated to incorporate into this ICR the costs approved
under OMB control number 1218-0270, which are associated with the 2018 “Cranes and Derricks in
Construction: Operator Qualification” final rule.

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14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of
the method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), any other expense that would not have
been incurred without this collection of information. Agencies may also aggregate cost estimates
from Items 12, 13, and 14 in a single table.

The disclosure of records during an inspection is not subject to the PRA under 5 CFR
1320.4(a)(2). OSHA would only review records in the context of an open investigation
of a particular employer to determine compliance with the Standard. Therefore, OSHA
takes no burden or cost in this Supporting Statement for disclosing information during an
inspection.

OSHA estimates that an administrative assistant (GS-7, step 6) with an hourly wage rate
of $23.51 10 and a fringe benefit rate of 34.1 percent 11, would spend about 15 minutes (.25
hour) filing and maintaining the documented report submitted by an operator
certification/qualification program auditor. This report identifies deficiencies in an
employer’s operator certification/qualification program as required by paragraph
1926.1427(c)(5)(iii). The Agency estimates that OSHA Area Offices would receive
about one of these reports each year. OSHA considers other expenses, such as equipment,
overhead, and support staff salaries, to be normal operating expenses that would occur
without the paperwork requirements specified by the Standard. Therefore, the total cost
of these information collection requirements to the Federal government is:

Cost: 1 report x .25 hour x $23.51 /(1-.341) = $8.92 per year

15. Explain the reasons for any program changes or adjustments.

The Agency requests an adjustment burden hour increase of 15,750 hours (from 382,750
to 398,500 hours) and $156,112 in capital (operation and maintenance) costs (from
$2,286,501 to $2,442,613). The burden hour increase is a result of both the agency’s use
of a different rounding methodology for calculating average burden hours and the
incorporation of previously-approved burden hours under OMB control number 1218-
0270. For the same reason, and also due to inflation, the Agency requests an adjustment
increase in capital (operation and maintenance) costs.

Operator Qualification Final Rule (Non-Material Change) – A portion of the burden


hour increase is an increase of 6,130 burden hours due to the incorporation of burden
hours previously approved by OMB under OMB Control Number 1218-0270. This
aspect of the ICR constitutes a non-material change as the collection of information
associated with 29 CFR 1926.1427 remains the same as approved.
10
Source: OPM SALARY TABLE 2019-RUS (https://www.opm.gov/policy-data-oversight/pay-
leave/salaries-wages/salary-tables/19Tables/html/RUS_h.aspx ).
11
Source: The overall rate is on the third page, in the table ‘Calculation For FY 2019 Fringe Benefit
Rates For Appropriated Funds’,
https://comptroller.defense.gov/Portals/45/documents/rates/fy2019/2019_d.pdf .

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The 6,130 burden hour increase includes a previously-approved adjustment of 3,185


burden hours and program change of 3,988 burden hours. In the ICR currently approved
under OMB Control Number 1218-0261, the agency estimated a total 1,043 burden hours
associated with 29 CFR 1926.1427. The crane operator qualification final rule approved
under OMB Control Number 1218-0270 estimates 7,173 burden hours associated with
revised 29 CFR 1926.1427. This results in a net increase for this ICR of 6,130 burden
hours.

For the same reason, a portion of the capital cost adjustment is due to the incorporation of
a $571 decrease in costs previously approved by OMB under OMB Control Number
1218-0270. Under the currently approved OMB Control Number 1218-0261, the annual
capital costs associated with 29 CFR 1926.1427 total $655. The final crane operator
qualification final rule approved under OMB Control Number 1218-0270 estimates these
costs be $84. This results in a net decrease for this ICR of $571.

16. For collections of information whose results will be published, outline plans for tabulation and
publication. Address any complex analytical techniques that will be used. Provide the time schedule
for the entire project, including beginning and ending dates of the collection information, completion
of report, publication dates, and other actions.

OSHA will not publish the information collected under the Standard.

17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.

There are no forms on which to display the expiration date.

18. Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICALMETHODS

This Supporting Statement does not contain any collections of information that employ
statistical methods.

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138
6. Occupational Safety and Health Standards

29 USC 655:
(a) Without regard to chapter 5 of title 5, United States Code, or to the other
subsections of this section, the Secretary shall, as soon as practicable during
the period beginning with the effective date of this Act and ending two years
after such date, by rule promulgate as an occupational safety or health
standard any national consensus standard, and any established Federal
standard, unless he determines that the promulgation of such a standard
would not result in improved safety or health for specifically designated
employees. In the event of conflict among any such standards, the Secretary
shall promulgate the standard which assures the greatest protection of the
safety or health of the affected employees.

(b) The Secretary may by rule promulgate, modify, or revoke any occupational
safety or health standard in the following manner:

(1) Whenever the Secretary, upon the basis of information submitted to him
in writing by an interested person, a representative of any organization of
employers or employees, a nationally recognized standards-producing
organization, the Secretary of Health and Human Services, the National
Institute for Occupational Safety and Health, or a State or political
subdivision, or on the basis of information developed by the Secretary or
otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this Act, the Secretary may request the
recommendations of an advisory committee appointed under section 7 of this
Act. The Secretary shall provide such an advisory committee with any
proposals of his own or of the Secretary of Health and Human Services,
together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or otherwise available, including
the results of research, demonstrations, and experiments. An advisory
committee shall submit to the Secretary its recommendations regarding the
rule to be promulgated within ninety days from the date of its appointment or
within such longer or shorter period as may be prescribed by the Secretary,
but in no event for a period which is longer than two hundred and seventy
days.

(2) The Secretary shall publish a proposed rule promulgating, modifying, or


revoking an occupational safety or health standard in the Federal Register
and shall afford interested persons a period of thirty days after publication to
submit written data or comments. Where an advisory committee is appointed
and the Secretary determines that a rule should be issued, he shall publish
the proposed rule within sixty days after the submission of the advisory
committee's recommendations or the expiration of the period prescribed by
the Secretary for such submission.

(3) On or before the last day of the period provided for the submission of
written data or comments under paragraph (2), any interested person may
file with the Secretary written objections to the proposed rule, stating the
grounds therefore and requesting a public hearing on such objections. Within
thirty days after the last day for filing such objections, the Secretary shall
publish in the Federal Register a notice specifying the occupational safety or
health standard to which objections have been filed and a hearing requested,
and specifying a time and place for such hearing.
(4) Within sixty days after the expiration of the period provided for the
submission of written data or comments under paragraph (2), or within sixty
days after the completion of any hearing held under paragraph (3), the
Secretary shall issue a rule promulgating, modifying, or revoking an
occupational safety or health standard or make a determination that a rule
should not be issued. Such a rule may contain a provision delaying its
effective date for such period (not in excess of ninety days) as the Secretary
determines may be necessary to insure that affected employers and
employees will be informed of the existence of the standard and of its terms
and that employers affected are given an opportunity to familiarize
themselves and their employees with the existence of the requirements of the
standard.

(5) The Secretary, in promulgating standards dealing with toxic materials or


harmful physical agents under this subsection, shall set the standard which
most adequately assures, to the extent feasible, on the basis of the best
available evidence, that no employee will suffer material impairment of health
or functional capacity even if such employee has regular exposure to the
hazard dealt with by such standard for the period of his working life.
Development of standards under this subsection shall be based upon
research, demonstrations, experiments, and such other information as may
be appropriate. In addition to the attainment of the highest degree of health
and safety protection for the employee, other considerations shall be the
latest available scientific data in the field, the feasibility of the standards, and
experience gained under this and other health and safety laws. Whenever
practicable, the standard promulgated shall be expressed in terms of
objective criteria and of the performance desired.

(6) (A) Any employer may apply to the Secretary for a temporary order
granting a variance from a standard or any provision thereof promulgated
under this section. Such temporary order shall be granted only if the
employer files an application which meets the requirements of clause (B) and
establishes

that --
(i) he is unable to comply with a standard by its effective date because of
unavailability of professional or technical personnel or of materials and
equipment needed to come into compliance with the standard or because
necessary construction or alteration of facilities cannot be completed by the
effective date,

(ii) he is taking all available steps to safeguard his employees against the
hazards covered by the standard, and

(iii) he has an effective program for coming into compliance with the
standard as quickly as practicable.

Any temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and processes which the employer
must adopt and use while the order is in effect and state in detail his program
for coming into compliance with the standard. Such a temporary order may
be granted only after notice to employees and an opportunity for a hearing:
Provided, That the Secretary may issue one interim order to be effective until
a decision is made on the basis of the hearing. No temporary order may be in
effect for longer than the period needed by the employer to achieve

2
compliance with the standard or one year, whichever is shorter, except that
such an order may be renewed not more that twice (I) so long as the
requirements of this paragraph are met and (II) if an application for renewal
is filed at least 90 days prior to the expiration date of the order. No interim
renewal of an order may remain in effect for longer than 180 days.
(B) An application for temporary order under this paragraph (6) shall
contain:

(i) a specification of the standard or portion thereof from which the


employer seeks a variance,

(ii) a representation by the employer, supported by representations from


qualified persons having firsthand knowledge of the facts represented, that
he is unable to comply with the standard or portion thereof and a detailed
statement of the reasons therefor,

(iii) a statement of the steps he has taken and will take (with specific dates)
to protect employees against the hazard covered by the standard,

(iv) a statement of when he expects to be able to comply with the standard


and what steps he has taken and what steps he will take (with dates
specified) to come into compliance with the standard, and

(v) a certification that he has informed his employees of the application by


giving a copy thereof to their authorized representative, posting a
statement giving a summary of the application and specifying where a copy
may be examined at the place or places where notices to employees are
normally posted, and by other appropriate means.

A description of how employees have been informed shall be contained in


the certification. The information to employees shall also inform them of
their right to petition the Secretary for a hearing.

(C) The Secretary is authorized to grant a variance from any standard or


portion thereof whenever he determines, or the Secretary of Health and
Human Services certifies, that such variance is necessary to permit an
employer to participate in an experiment approved by him or the Secretary
of Health and Human Services designed to demonstrate or validate new and
improved techniques to safeguard the health or safety of workers.

(7) Any standard promulgated under this subsection shall 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, relevant
symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such standard shall
also prescribe suitable protective equipment and control or technological
procedures to be used in connection with such hazards and shall provide for
monitoring or measuring employee exposure at such locations and intervals,
and in such manner as may be necessary for the protection of employees. In
addition, where appropriate, any such standard shall prescribe the type and
frequency of medical examinations or other tests which shall be made
available, by the employer or at his cost, to employees exposed to such
hazards in order to most effectively determine whether the health of such
employees is adversely affected by such exposure. In the event such medical
examinations are in the nature of research, as determined by the Secretary of

3
Health and Human Services, such examinations may be furnished at the
expense of the Secretary of Health and Human Services. The results of such
examinations or tests shall be furnished only to the Secretary or the
Secretary of Health and Human Services, and, at the request of the
employee, to his physician. The Secretary, in consultation with the Secretary
of Health and Human Services, may by rule promulgated pursuant to section
553 of title 5, United States Code, make appropriate modifications in the
foregoing requirements relating to the use of labels or other forms of
warning, monitoring or measuring, and medical examinations, as may be
warranted by experience, information, or medical or technological
developments acquired subsequent to the promulgation of the relevant
standard.

(8) Whenever a rule promulgated by the Secretary differs substantially from


an existing national consensus standard, the Secretary shall, at the same
time, publish in the Federal Register a statement of the reasons why the rule
as adopted will better effectuate the purposes of this Act than the national
consensus standard.

(c) (1) The Secretary shall provide, without regard to the requirements of
chapter 5, title 5, Unites States Code, for an emergency temporary standard to
take immediate effect upon publication in the Federal Register if he determines
--

(A) that employees are exposed to grave danger from exposure to


substances or agents determined to be toxic or physically harmful or from
new hazards, and

(B) that such emergency standard is necessary to protect employees from


such danger.

(2) Such standard shall be effective until superseded by a standard


promulgated in accordance with the procedures prescribed in paragraph (3)
of this subsection.

(3) Upon publication of such standard in the Federal Register the Secretary
shall commence a proceeding in accordance with section 6 (b) of this Act,
and the standard as published shall also serve as a proposed rule for the
proceeding. The Secretary shall promulgate a standard under this paragraph
no later than six months after publication of the emergency standard as
provided in paragraph (2) of this subsection.

(d) Any affected employer may apply to the Secretary for a rule or order for a
variance from a standard promulgated under this section. Affected employees
shall be given notice of each such application and an opportunity to participate
in a hearing. The Secretary shall issue such rule or order if he determines on
the record, after opportunity for an inspection where appropriate and a
hearing, that the proponent of the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means, methods,
operations, or processes used or proposed to be used by an employer will
provide employment and places of employment to his employees which are as
safe and healthful as those which would prevail if he complied with the
standard. The rule or order so issued shall prescribe the conditions the
employer must maintain, and the practices, means, methods, operations, and

4
processes which he must adopt and utilize to the extent they differ from the
standard in question. Such a rule or order may be modified or revoked upon
application by an employer, employees, or by the Secretary on his own
motion, in the manner prescribed for its issuance under this subsection at any
time after six months from its issuance.

(e) Whenever the Secretary promulgates any standard, makes any rule, order,
or decision, grants any exemption or extension of time, or compromises,
mitigates, or settles any penalty assessed under this Act, he shall include a
statement of the reasons for such action, which shall be published in the
Federal Register.

(f) Any person who may be adversely affected by a standard issued under this
section may at any time prior to the sixtieth day after such standard is
promulgated file a petition challenging the validity of such standard with the
United States court of appeals for the circuit wherein such person resides or
has his principal place of business, for a judicial review of such standard. A
copy of the petition shall be forthwith transmitted by the clerk of the court to
the Secretary. The filing of such petition shall not, unless otherwise ordered by
the court, operate as a stay of the standard. The determinations of the
Secretary shall be conclusive if supported by substantial evidence in the record
considered as a whole.

(g) In determining the priority for establishing standards under this section,
the Secretary shall give due regard to the urgency of the need for mandatory
safety and health standards for particular industries, trades, crafts,
occupations, businesses, workplaces or work environments. The Secretary
shall also give due regard to the recommendations of the Secretary of Health
and Human Services regarding the need for mandatory standards in
determining the priority for establishing such standards.

5
SEC. 2. Congressional Findings and Purpose

(a) The Congress finds that personal injuries and illnesses arising out of work 29 USC 651
situations impose a substantial burden upon, and are a hindrance to, interstate
commerce in terms of lost production, wage loss, medical expenses, and disability
compensation payments.

(b) The Congress declares it to be its purpose and policy, through the exercise of
its powers to regulate commerce among the several States and with foreign
nations and to provide for the general welfare, to assure so far as possible every
working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources --

(1) by encouraging employers and employees in their efforts to reduce the


number of occupational safety and health hazards at their places of employment,
and to stimulate employers and employees to institute new and to perfect
existing programs for providing safe and healthful working conditions; (2) by
providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working
conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety


and health standards applicable to businesses affecting interstate commerce,
and by creating an Occupational Safety and Health Review Commission for
carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee
initiative for providing safe and healthful working conditions;

(5) by providing for research in the field of occupational safety and health,
including the psychological factors involved, and by developing innovative
methods, techniques, and approaches for dealing with occupational safety and
health problems;

(6) by exploring ways to discover latent diseases, establishing causal


connections between diseases and work in environmental conditions, and
conducting other research relating to health problems, in recognition of the fact
that occupational health standards present problems often different from those
involved in occupational safety;

(7) by providing medical criteria which will assure insofar as practicable that no
employee will suffer diminished health, functional capacity, or life expectancy as
a result of his work experience;

(8) by providing for training programs to increase the number and competence
of personnel engaged in the field of occupational safety and health; affecting the
OSH Act since its passage in 1970 through January 1, 2004.

(9) by providing for the development and promulgation of occupational safety


and health standards;

(10) by providing an effective enforcement program which shall include a


prohibition against giving advance notice of any inspection and sanctions for any
individual violating this prohibition;
(11) by encouraging the States to assume the fullest responsibility for the
administration and enforcement of their occupational safety and health laws by
providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in
accordance with the provisions of this Act, to improve the administration and
enforcement of State occupational safety and health laws, and to conduct
experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to


occupational safety and health which procedures will help achieve the objectives
of this Act and accurately describe the nature of the occupational safety and
health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and


disease arising out of employment.

2
SEC. 8. Inspections, Investigations, and Recordkeeping

(a) In order to carry out the purposes of this Act, the Secretary, upon 29 USC 657
presenting appropriate credentials to the owner, operator, or agent in
charge, is authorized --

(1) to enter without delay and at reasonable times any factory,


plant, establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an
employer; and

(2) to inspect and investigate during regular working hours and at


other reasonable times, and within reasonable limits and in a
reasonable manner, any such place of employment and all pertinent
conditions, structures, machines, apparatus, devices, equipment,
and materials therein, and to question privately any such employer,
owner, operator, agent or employee.

(b) In making his inspections and investigations under this Act the
Secretary may require the attendance and testimony of witnesses and
the production of evidence under oath. Witnesses shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States. In case of a contumacy, failure, or refusal of any person
to obey such an order, any district court of the United States or the
United States courts of any territory or possession, within the
jurisdiction of which such person is found, or resides or transacts
business, upon the application by the Secretary, shall have jurisdiction
to issue to such person an order requiring such person to appear to
produce evidence if, as, and when so ordered, and to give testimony
relating to the matter under investigation or in question, and any failure
to obey such order of the court may be punished by said court as a
contempt thereof.

(c) (1) Each employer shall make, keep and preserve, and make
available to the Secretary or the Secretary of Health and Human
Services, such records regarding his activities relating to this Act as the
Secretary, in cooperation with the Secretary of Health and Human
Services, may prescribe by regulation as necessary or appropriate for
the enforcement of this Act or for developing information regarding the
causes and prevention of occupational accidents and illnesses. In order
to carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic inspections.
The Secretary shall also issue regulations requiring that employers,
through posting of notices or other appropriate means, keep their
employees informed of their protections and obligations under this Act,
including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health and


Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on,
work-related deaths, injuries and illnesses other than minor injuries
requiring only first aid treatment and which do not involve medical
treatment, loss of consciousness, restriction of work or motion, or
transfer to another job.
(3) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall issue regulations requiring employers to
maintain accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be
monitored or measured under section 6. Such regulations shall
provide employees or their representatives with an opportunity to
observe such monitoring or measuring, and to have access to the
records thereof. Such regulations shall also make appropriate
provision for each employee or former employee to have access to
such records as will indicate his own exposure to toxic materials or
harmful physical agents. Each employer shall promptly notify any
employee who has been or is being exposed to toxic materials or
harmful physical agents in concentrations or at levels which exceed
those prescribed by an applicable occupational safety and health
standard promulgated under section 6, and shall inform any
employee who is being thus exposed of the corrective action being
taken.

(d) Any information obtained by the Secretary, the Secretary of Health


and Human Services, or a State agency under this Act shall be obtained
with a minimum burden upon employers, especially those operating
small businesses. Unnecessary duplication of efforts in obtaining
information shall be reduced to the maximum extent feasible.

(e) Subject to regulations issued by the Secretary, a representative of


the employer and a representative authorized by his employees shall be
given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any workplace under
subsection (a) for the purpose of aiding such inspection. Where there is
no authorized employee representative, the Secretary or his authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.

(f) (1) Any employees or representative of employees who believe that


a violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, may request an inspection by
giving notice to the Secretary or his authorized representative of such
violation or danger. Any such notice shall be reduced to writing, shall
set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at the
time of inspection, except that, upon the request of the person giving
such notice, his name and the names of individual employees referred
to therein shall not appear in such copy or on any record published,
released, or made available pursuant to subsection (g) of this section. If
upon receipt of such notification the Secretary determines there are
reasonable grounds to believe that such violation or danger exists, he
shall make a special inspection in accordance with the provisions of this
section as soon as practicable, to determine if such violation or danger
exists. If the Secretary determines there are no reasonable grounds to
believe that a violation or danger exists he shall notify the employees or
representative of the employees in writing of such determination.

(2) Prior to or during any inspection of a workplace, any employees

2
or representative of employees employed in such workplace may
notify the Secretary or any representative of the Secretary
responsible for conducting the inspection, in writing, of any violation
of this Act which they have reason to believe exists in such
workplace. The Secretary shall, by regulation, establish procedures
for informal review of any refusal by a representative of the
Secretary to issue a citation with respect to any such alleged
violation and shall furnish the employees or representative of
employees requesting such review a written statement of the
reasons for the Secretary's final disposition of the case.

(g) (1) The Secretary and Secretary of Health and Human Services are
authorized to compile, analyze, and publish, either in summary or
detailed form, all reports or information obtained under this section.

(2) The Secretary and the Secretary of Health and Human Services
shall each prescribe such rules and regulations as he may deem
necessary to carry out their responsibilities under this Act, including
rules and regulations dealing with the inspection of an employer's
establishment.

(h) The Secretary shall not use the results of enforcement activities, Pub. L. 105-198 added
such as the number of citations issued or penalties assessed, to subsection (h).
evaluate employees directly involved in enforcement activities under
this Act or to impose quotas or goals with regard to the results of such
activities.

3
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Search History Subpart CC—Cranes and Derricks in Construction
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Corrections Contents
Latest Updates §1926.1400   Scope.
User Info §1926.1401   Definitions.
FAQs §1926.1402   Ground conditions.
Agency List §1926.1403   Assembly/Disassembly—selection of manufacturer or employer procedures.
Incorporation By Reference
§1926.1404   Assembly/Disassembly—general requirements (applies to all assembly and disassembly operations).
§1926.1405   Disassembly—additional requirements for dismantling of booms and jibs (applies to both the use of
manufacturer procedures and employer procedures).
§1926.1406   Assembly/Disassembly—employer procedures—general requirements.
§1926.1407   Power line safety (up to 350 kV)—assembly and disassembly.
Related Resources §1926.1408   Power line safety (up to 350 kV)—equipment operations.
The Code of Federal Regulations (CFR) §1926.1409   Power line safety (over 350 kV).
annual edition is the codification of the §1926.1410   Power line safety (all voltages)—equipment operations closer than the Table A zone.
general and permanent rules published in §1926.1411   Power line safety—while traveling under or near power lines with no load.
the Federal Register by the departments and §1926.1412   Inspections.
agencies of the Federal Government
produced by the Office of the Federal
§1926.1413   Wire rope—inspection.
Register (OFR) and the Government §1926.1414   Wire rope—selection and installation criteria.
Publishing Office. §1926.1415   Safety devices.
§1926.1416   Operational aids.
Download the Code of Federal
Regulations in XML. §1926.1417   Operation.
§1926.1418   Authority to stop operation.
Download the Electronic Code of Federal §1926.1419   Signals—general requirements.
Regulations in XML.
§1926.1420   Signals—radio, telephone or other electronic transmission of signals.
Monthly Title and Part user viewing data §1926.1421   Signals—voice signals—additional requirements.
for the e-CFR is available for download in §1926.1422   Signals—hand signal chart.
CSV format. §1926.1423   Fall protection.
Parallel Table of Authorities and Rules for §1926.1424   Work area control.
the Code of Federal Regulations and the §1926.1425   Keeping clear of the load.
United States Code §1926.1426   Free fall and controlled load lowering.
Text | PDF
§1926.1427   Operator training, certification, and evaluation.
Find, review, and submit comments on §1926.1428   Signal person qualifications.
Federal rules that are open for comment §1926.1429   Qualifications of maintenance & repair employees.
and published in the Federal Register using §1926.1430   Training.
Regulations.gov.
§1926.1431   Hoisting personnel.
Purchase individual CFR titles from the §1926.1432   Multiple-crane/derrick lifts—supplemental requirements.
U.S. Government Online Bookstore. §1926.1433   Design, construction and testing.
Find issues of the CFR (including issues
§1926.1434   Equipment modifications.
prior to 1996) at a local Federal depository §1926.1435   Tower cranes.
library. §1926.1436   Derricks.
§1926.1437   Floating cranes/derricks and land cranes/derricks on barges.
[A2]
§1926.1438   Overhead & gantry cranes.
§1926.1439   Dedicated pile drivers.
§1926.1440   Sideboom cranes.
§1926.1441   Equipment with a rated hoisting/lifting capacity of 2,000 pounds or less.
§1926.1442   Severability.

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eCFR — Code of Federal Regulations

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


Appendix B to Subpart CC of Part 1926—Assembly/Disassembly: Sample Procedures for Minimizing the Risk of
Unintended Dangerous Boom Movement
Appendix C to Subpart CC of Part 1926—Operator Certification: Written Examination: Technical Knowledge Criteria

Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 5-2007 (72 FR 31159) or 1-2012 (77 FR
3912), as applicable; and 29 CFR Part 1911.

Source: 75 FR 48135, Aug. 9, 2010, unless otherwise noted.

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§1926.1400   Scope.

(a) This standard applies to power-operated equipment, when used in construction, that can hoist, lower and
horizontally move a suspended load. Such equipment includes, but is not limited to: Articulating cranes (such as
knuckle-boom cranes); crawler cranes; floating cranes; cranes on barges; locomotive cranes; mobile cranes (such as
wheel-mounted, rough-terrain, all-terrain, commercial truck-mounted, and boom truck cranes); multi-purpose
machines when configured to hoist and lower (by means of a winch or hook) and horizontally move a suspended
load; industrial cranes (such as carry-deck cranes); dedicated pile drivers; service/mechanic trucks with a hoisting
device; a crane on a monorail; tower cranes (such as a fixed jib, i.e., “hammerhead boom”), luffing boom and self-
erecting); pedestal cranes; portal cranes; overhead and gantry cranes; straddle cranes; sideboom cranes; derricks;
and variations of such equipment. However, items listed in paragraph (c) of this section are excluded from the scope
of this standard.

(b) Attachments. This standard applies to equipment included in paragraph (a) of this section when used with
attachments. Such attachments, whether crane-attached or suspended include, but are not limited to: Hooks,
magnets, grapples, clamshell buckets, orange peel buckets, concrete buckets, drag lines, personnel platforms, augers
or drills and pile driving equipment.

(c) Exclusions. This subpart does not cover:

(1) Machinery included in paragraph (a) of this section while it has been converted or adapted for a non-
hoisting/lifting use. Such conversions/adaptations include, but are not limited to, power shovels, excavators and
concrete pumps.

(2) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, track loaders. This machinery is also
excluded when used with chains, slings or other rigging to lift suspended loads.

(3) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles.

(4) Digger derricks when used for augering holes for poles carrying electric or telecommunication lines, placing
and removing the poles, and for handling associated materials for installation on, or removal from, the poles, or when
used for any other work subject to subpart V of this part. To be eligible for this exclusion, digger-derrick use in work
subject to subpart V of this part must comply with all of the provisions of that subpart, and digger-derrick use in
construction work for telecommunication service (as defined at §1910.268(s)(40)) must comply with all of the
provisions of §1910.268.

(5) Machinery originally designed as vehicle-mounted aerial devices (for lifting personnel) and self-propelled
elevating work platforms.

(6) Telescopic/hydraulic gantry systems.

(7) Stacker cranes.

(8) Powered industrial trucks (forklifts), except when configured to hoist and lower (by means of a winch or hook)
and horizontally move a suspended load.

(9) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair.

(10) Machinery that hoists by using a come-a-long or chainfall.

(11) Dedicated drilling rigs.

(12) Gin poles when used for the erection of communication towers.

(13) Tree trimming and tree removal work.

(14) Anchor handling or dredge-related operations with a vessel or barge using an affixed A-frame.

(15) Roustabouts.

(16) Helicopter cranes.

(17) Material Delivery

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eCFR — Code of Federal Regulations

(i) Articulating/knuckle-boom truck cranes that deliver material to a construction site when used to transfer
materials from the truck crane to the ground, without arranging the materials in a particular sequence for hoisting.

(ii) Articulating/knuckle-boom truck cranes that deliver material to a construction site when the crane is used to
transfer building supply sheet goods or building supply packaged materials from the truck crane onto a structure,
using a fork/cradle at the end of the boom, but only when the truck crane is equipped with a properly functioning
automatic overload prevention device. Such sheet goods or packaged materials include, but are not limited to:
Sheets of sheet rock, sheets of plywood, bags of cement, sheets or packages of roofing shingles, and rolls of roofing
felt.

(iii) This exclusion does not apply when:

(A) The articulating/knuckle-boom crane is used to hold, support or stabilize the material to facilitate a
construction activity, such as holding material in place while it is attached to the structure;

(B) The material being handled by the articulating/knuckle-boom crane is a prefabricated component. Such
prefabricated components include, but are not limited to: Precast concrete members or panels, roof trusses
(wooden, cold-formed metal, steel, or other material), prefabricated building sections such as, but not limited to:
Floor panels, wall panels, roof panels, roof structures, or similar items;

(C) The material being handled by the crane is a structural steel member (for example, steel joists, beams,
columns, steel decking (bundled or unbundled) or a component of a systems-engineered metal building (as defined
in 29 CFR 1926 subpart R).

(D) The activity is not specifically excluded under §1400(c)(17)(i) and (ii).

(d) All sections of this subpart CC apply to the equipment covered by this standard unless specified otherwise.

(e) The duties of controlling entities under this subpart include, but are not limited to, the duties specified in
§§1926.1402(c), 1926.1402(e) and 1926.1424(b).

(f) Where provisions of this standard direct an operator, crewmember, or other employee to take certain actions,
the employer must establish, effectively communicate to the relevant persons, and enforce, work rules to ensure
compliance with such provisions.

(g) For work covered by subpart V of this part, compliance with §1926.959 is deemed compliance with
§§1926.1407 through 1926.1411.

(h) Section 1926.1402 does not apply to cranes designed for use on railroad tracks, when used on railroad tracks
that are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad
Administration under 49 CFR part 213, and that comply with applicable Federal Railroad Administration
requirements. See §1926.1402(f).

[75 FR 48135, Aug. 9, 2010, as amended at 78 FR 32116, May 29, 2013; 79 FR 20743, Apr. 11, 2014]

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§1926.1401   Definitions.

A/D director (Assembly/Disassembly director) means an individual who meets this subpart's requirements for an
A/D director, irrespective of the person's formal job title or whether the person is non-management or management
personnel.

Articulating crane means a crane whose boom consists of a series of folding, pin connected structural members,
typically manipulated to extend or retract by power from hydraulic cylinders.

Assembly/Disassembly means the assembly and/or disassembly of equipment covered under this standard. With
regard to tower cranes, “erecting and climbing” replaces the term “assembly,” and “dismantling” replaces the term
“disassembly.” Regardless of whether the crane is initially erected to its full height or is climbed in stages, the process
of increasing the height of the crane is an erection process.

Assist crane means a crane used to assist in assembling or disassembling a crane.

Attachments means any device that expands the range of tasks that can be done by the equipment. Examples
include, but are not limited to: An auger, drill, magnet, pile-driver, and boom-attached personnel platform.

Audible signal means a signal made by a distinct sound or series of sounds. Examples include, but are not
limited to, sounds made by a bell, horn, or whistle.

Blocking (also referred to as “cribbing”) is wood or other material used to support equipment or a component
and distribute loads to the ground. It is typically used to support lattice boom sections during assembly/disassembly
and under outrigger and stabilizer floats.

Boatswain's chair means a single-point adjustable suspension scaffold consisting of a seat or sling (which may be
incorporated into a full body harness) designed to support one employee in a sitting position.

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Bogie means “travel bogie,” which is defined below.

Boom (equipment other than tower crane) means an inclined spar, strut, or other long structural member which
supports the upper hoisting tackle on a crane or derrick. Typically, the length and vertical angle of the boom can be
varied to achieve increased height or height and reach when lifting loads. Booms can usually be grouped into general
categories of hydraulically extendible, cantilevered type, latticed section, cable supported type or articulating type.

Boom (tower cranes): On tower cranes, if the “boom” (i.e., principal horizontal structure) is fixed, it is referred to
as a jib; if it is moveable up and down, it is referred to as a boom.

Boom angle indicator means a device which measures the angle of the boom relative to horizontal.

Boom hoist limiting device includes boom hoist disengaging device, boom hoist shut-off, boom hoist disconnect,
boom hoist hydraulic relief, boom hoist kick-outs, automatic boom stop device, or derricking limiter. This type of
device disengages boom hoist power when the boom reaches a predetermined operating angle. It also sets brakes
or closes valves to prevent the boom from lowering after power is disengaged.

Boom length indicator indicates the length of the permanent part of the boom (such as ruled markings on the
boom) or, as in some computerized systems, the length of the boom with extensions/attachments.

Boom stop includes boom stops, (belly straps with struts/standoff), telescoping boom stops, attachment boom
stops, and backstops. These devices restrict the boom from moving above a certain maximum angle and toppling
over backward.

Boom suspension system means a system of pendants, running ropes, sheaves, and other hardware which
supports the boom tip and controls the boom angle.

Builder means the builder/constructor of equipment.

Center of gravity: The center of gravity of any object is the point in the object around which its weight is evenly
distributed. If you could put a support under that point, you could balance the object on the support.

Certified welder means a welder who meets nationally recognized certification requirements applicable to the
task being performed.

Climbing means the process in which a tower crane is raised to a new working height, either by adding additional
tower sections to the top of the crane (top climbing), or by a system in which the entire crane is raised inside the
structure (inside climbing).

Come-a-long means a mechanical device typically consisting of a chain or cable attached at each end that is used
to facilitate movement of materials through leverage.

Competent person means one who is capable of identifying existing and predictable hazards in the surroundings
or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to
take prompt corrective measures to eliminate them.

Controlled load lowering means lowering a load by means of a mechanical hoist drum device that allows a
hoisted load to be lowered with maximum control using the gear train or hydraulic components of the hoist
mechanism. Controlled load lowering requires the use of the hoist drive motor, rather than the load hoist brake, to
lower the load.

Controlling entity means an employer that is a prime contractor, general contractor, construction manager or
any other legal entity which has the overall responsibility for the construction of the project—its planning, quality and
completion.

Counterweight means a weight used to supplement the weight of equipment in providing stability for lifting loads
by counterbalancing those loads.

Crane/derrick includes all equipment covered by this subpart.

Crawler crane means equipment that has a type of base mounting which incorporates a continuous belt of
sprocket driven track.

Crossover points means locations on a wire rope which is spooled on a drum where one layer of rope climbs up
on and crosses over the previous layer. This takes place at each flange of the drum as the rope is spooled onto the
drum, reaches the flange, and begins to wrap back in the opposite direction.

Dedicated channel means a line of communication assigned by the employer who controls the communication
system to only one signal person and crane/derrick or to a coordinated group of cranes/derricks/signal person(s).

Dedicated pile-driver is a machine that is designed to function exclusively as a pile-driver. These machines
typically have the ability to both hoist the material that will be pile-driven and to pile-drive that material.

Dedicated spotter (power lines): To be considered a dedicated spotter, the requirements of §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

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eCFR — Code of Federal Regulations

with the operator that the applicable minimum approach distance is not breached.

Directly under the load means a part or all of an employee is directly beneath the load.

Dismantling includes partial dismantling (such as dismantling to shorten a boom or substitute a different
component).

Drum rotation indicator means a device on a crane or hoist which indicates in which direction and at what
relative speed a particular hoist drum is turning.

Electrical contact occurs when a person, object, or equipment makes contact or comes in close proximity with an
energized conductor or equipment that allows the passage of current.

Employer-made equipment means floating cranes/derricks designed and built by an employer for the employer's
own use.

Encroachment is where any part of the crane, load line or load (including rigging and lifting accessories) breaches
a minimum clearance distance that this subpart requires to be maintained from a power line.

Equipment means equipment covered by this subpart.

Equipment criteria means instructions, recommendations, limitations and specifications.

Fall protection equipment means guardrail systems, safety net systems, personal fall arrest systems, positioning
device systems or fall restraint systems.

Fall restraint system means a fall protection system that prevents the user from falling any distance. The system
is comprised of either a body belt or body harness, along with an anchorage, connectors and other necessary
equipment. The other components typically include a lanyard, and may also include a lifeline and other devices.

Fall zone means the area (including but not limited to the area directly beneath the load) in which it is reasonably
foreseeable that partially or completely suspended materials could fall in the event of an accident.

Flange points are points of contact between rope and drum flange where the rope changes layers.

Floating cranes/derricks means equipment designed by the manufacturer (or employer) for marine use by
permanent attachment to a barge, pontoons, vessel or other means of flotation.

For example means “one example, although there are others.”

Free fall (of the load line) means that only the brake is used to regulate the descent of the load line (the drive
mechanism is not used to drive the load down faster or retard its lowering).

Free surface effect is the uncontrolled transverse movement of liquids in compartments which reduce a vessel's
transverse stability.

Hoist means a mechanical device for lifting and lowering loads by winding a line onto or off a drum.

Hoisting is the act of raising, lowering or otherwise moving a load in the air with equipment covered by this
standard. As used in this standard, “hoisting” can be done by means other than wire rope/hoist drum equipment.

Include/including means “including, but not limited to.”

Insulating link/device means an insulating device listed, labeled, or accepted by a Nationally Recognized Testing
Laboratory in accordance with 29 CFR 1910.7.

Jib stop (also referred to as a jib backstop), is the same type of device as a boom stop but is for a fixed or luffing
jib.

Land crane/derrick is equipment not originally designed by the manufacturer for marine use by permanent
attachment to barges, pontoons, vessels, or other means of floatation.

List means the angle of inclination about the longitudinal axis of a barge, pontoons, vessel or other means of
floatation.

Load refers to the object(s) being hoisted and/or the weight of the object(s); both uses refer to the object(s) and
the load-attaching equipment, such as, the load block, ropes, slings, shackles, and any other ancillary attachment.

Load moment (or rated capacity) indicator means a system which aids the equipment operator by sensing
(directly or indirectly) the overturning moment on the equipment, i.e., load multiplied by radius. It compares this
lifting condition to the equipment's rated capacity, and indicates to the operator the percentage of capacity at which
the equipment is working. Lights, bells, or buzzers may be incorporated as a warning of an approaching overload
condition.

Load moment (or rated capacity) limiter means a system which aids the equipment operator by sensing (directly
or indirectly) the overturning moment on the equipment, i.e., load multiplied by radius. It compares this lifting

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eCFR — Code of Federal Regulations

condition to the equipment's rated capacity, and when the rated capacity is reached, it shuts off power to those
equipment functions which can increase the severity of loading on the equipment, e.g., hoisting, telescoping out, or
luffing out. Typically, those functions which decrease the severity of loading on the equipment remain operational,
e.g., lowering, telescoping in, or luffing in.

Locomotive crane means a crane mounted on a base or car equipped for travel on a railroad track.

Luffing jib limiting device is similar to a boom hoist limiting device, except that it limits the movement of the
luffing jib.

Marine hoisted personnel transfer device means a device, such as a “transfer net,” that is designed to protect the
employees being hoisted during a marine transfer and to facilitate rapid entry into and exit from the device. Such
devices do not include boatswain's chairs when hoisted by equipment covered by this standard.

Marine worksite means a construction worksite located in, on or above the water.

Mobile crane means a lifting device incorporating a cable suspended latticed boom or hydraulic telescopic boom
designed to be moved between operating locations by transport over the road.

Moving point-to-point means the times during which an employee is in the process of going to or from a work
station.

Multi-purpose machine means a machine that is designed to be configured in various ways, at least one of which
allows it to hoist (by means of a winch or hook) and horizontally move a suspended load. For example, a machine
that can rotate and can be configured with removable forks/tongs (for use as a forklift) or with a winch pack, jib (with
a hook at the end) or jib used in conjunction with a winch. When configured with the forks/tongs, it is not covered by
this subpart. When configured with a winch pack, jib (with a hook at the end) or jib used in conjunction with a winch, it
is covered by this subpart.

Nationally recognized accrediting agency is an organization that, due to its independence and expertise, is widely
recognized as competent to accredit testing organizations. Examples of such accrediting agencies include, but are
not limited to, the National Commission for Certifying Agencies and the American National Standards Institute.

Nonconductive means that, because of the nature and condition of the materials used, and the conditions of use
(including environmental conditions and condition of the material), the object in question has the property of not
becoming energized (that is, it has high dielectric properties offering a high resistance to the passage of current
under the conditions of use).

Operational aids are devices that assist the operator in the safe operation of the crane by providing information
or automatically taking control of a crane function. These include, but are not limited to, the devices listed in
§1926.1416 (“listed operational aids”).

Operational controls means levers, switches, pedals and other devices for controlling equipment operation.

Operator means a person who is operating the equipment.

Overhead and gantry cranes includes overhead/bridge cranes, semigantry, cantilever gantry, wall cranes, storage
bridge cranes, launching gantry cranes, and similar equipment, irrespective of whether it travels on tracks, wheels, or
other means.

Paragraph refers to a paragraph in the same section of this subpart that the word “paragraph” is used, unless
otherwise specified.

Pendants includes both wire and bar types. Wire type: A fixed length of wire rope with mechanical fittings at both
ends for pinning segments of wire rope together. Bar type: Instead of wire rope, a bar is used. Pendants are typically
used in a latticed boom crane system to easily change the length of the boom suspension system without completely
changing the rope on the drum when the boom length is increased or decreased.

Personal fall arrest system means a system used to arrest an employee in a fall from a working level. It consists
of an anchorage, connectors, a body harness and may include a lanyard, deceleration device, lifeline, or suitable
combination of these.

Portal crane is a type of crane consisting of a rotating upperstructure, hoist machinery, and boom mounted on
top of a structural gantry which may be fixed in one location or have travel capability. The gantry legs or columns
usually have portal openings in between to allow passage of traffic beneath the gantry.

Power lines means electric transmission and distribution lines.

Procedures include, but are not limited to: Instructions, diagrams, recommendations, warnings, specifications,
protocols and limitations.

Proximity alarm is a device that provides a warning of proximity to a power line and that has been listed, labeled,
or accepted by a Nationally Recognized Testing Laboratory in accordance with 29 CFR 1910.7.

Qualified evaluator (not a third party) means a person employed by the signal person's employer who has

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demonstrated that he/she is competent in accurately assessing whether individuals meet the Qualification
Requirements in this subpart for a signal person.

Qualified evaluator (third party) means an entity that, due to its independence and expertise, has demonstrated
that it is competent in accurately assessing whether individuals meet the Qualification Requirements in this subpart
for a signal person.

Qualified person means a person who, by possession of a recognized degree, certificate, or professional
standing, or who by extensive knowledge, training and experience, successfully demonstrated the ability to
solve/resolve problems relating to the subject matter, the work, or the project.

Qualified rigger is a rigger who meets the criteria for a qualified person.

Range control limit device is a device that can be set by an equipment operator to limit movement of the boom
or jib tip to a plane or multiple planes.

Range control warning device is a device that can be set by an equipment operator to warn that the boom or jib
tip is at a plane or multiple planes.

Rated capacity means the maximum working load permitted by the manufacturer under specified working
conditions. Such working conditions typically include a specific combination of factors such as equipment
configuration, radii, boom length, and other parameters of use.

Rated capacity indicator: See load moment indicator.

Rated capacity limiter: See load moment limiter.

Repetitive pickup points refer to, when operating on a short cycle operation, the rope being used on a single
layer and being spooled repetitively over a short portion of the drum.

Running wire rope means a wire rope that moves over sheaves or drums.

Runway means a firm, level surface designed, prepared and designated as a path of travel for the weight and
configuration of the crane being used to lift and travel with the crane suspended platform. An existing surface may
be used as long as it meets these criteria.

Section means a section of this subpart, unless otherwise specified.

Sideboom crane means a track-type or wheel-type tractor having a boom mounted on the side of the tractor,
used for lifting, lowering or transporting a load suspended on the load hook. The boom or hook can be lifted or
lowered in a vertical direction only.

Special hazard warnings means warnings of site-specific hazards (for example, proximity of power lines).

Stability (flotation device) means the tendency of a barge, pontoons, vessel or other means of flotation to return
to an upright position after having been inclined by an external force.

Standard Method means the protocol in appendix A of this subpart for hand signals.

Such as means “such as, but not limited to.”

Superstructure: See Upperworks.

Tagline means a rope (usually fiber) attached to a lifted load for purposes of controlling load spinning and
pendular motions or used to stabilize a bucket or magnet during material handling operations.

Tender means an individual responsible for monitoring and communicating with a diver.

Tilt up or tilt down operation means raising/lowering a load from the horizontal to vertical or vertical to
horizontal.

Tower crane is a type of lifting structure which utilizes a vertical mast or tower to support a working boom (jib) in
an elevated position. Loads are suspended from the working boom. While the working boom may be of the fixed type
(horizontal or angled) or have luffing capability, it can always rotate to swing loads, either by rotating on the top of the
tower (top slewing) or by the rotation of the tower (bottom slewing). The tower base may be fixed in one location or
ballasted and moveable between locations. Mobile cranes that are configured with luffing jib and/or tower
attachments are not considered tower cranes under this section.

Travel bogie (tower cranes) is an assembly of two or more axles arranged to permit vertical wheel displacement
and equalize the loading on the wheels.

Trim means angle of inclination about the transverse axis of a barge, pontoons, vessel or other means of
floatation.

Two blocking means a condition in which a component that is uppermost on the hoist line such as the load
block, hook block, overhaul ball, or similar component, comes in contact with the boom tip, fixed upper block or

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similar component. This binds the system and continued application of power can cause failure of the hoist rope or
other component.

Unavailable procedures means procedures that are no longer available from the manufacturer, or have never
been available, from the manufacturer.

Upperstructure: See Upperworks.

Upperworks means the revolving frame of equipment on which the operating machinery (and many cases the
engine) are mounted along with the operator's cab. The counterweight is typically supported on the rear of the
upperstructure and the boom or other front end attachment is mounted on the front.

Up to means “up to and including.”

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

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§1926.1402   Ground conditions.

(a) Definitions. (1) “Ground conditions” means the ability of the ground to support the equipment (including
slope, compaction, and firmness).

(2) “Supporting materials” means blocking, mats, cribbing, marsh buggies (in marshes/wetlands), or similar
supporting materials or devices.

(b) The equipment must not be assembled or used unless ground conditions are firm, drained, and graded to a
sufficient extent so that, in conjunction (if necessary) with the use of supporting materials, the equipment
manufacturer's specifications for adequate support and degree of level of the equipment are met. The requirement
for the ground to be drained does not apply to marshes/wetlands.

(c) The controlling entity must:

(1) Ensure that ground preparations necessary to meet the requirements in paragraph (b) of this section are
provided.

(2) Inform the user of the equipment and the operator of the location of hazards beneath the equipment set-up
area (such as voids, tanks, utilities) if those hazards are identified in documents (such as site drawings, as-built
drawings, and soil analyses) that are in the possession of the controlling entity (whether at the site or off-site) or the
hazards are otherwise known to that controlling entity.

(d) If there is no controlling entity for the project, the requirement in paragraph (c)(1) of this section must be met
by the employer that has authority at the site to make or arrange for ground preparations needed to meet
paragraph (b) of this section.

(e) If the A/D director or the operator determines that ground conditions do not meet the requirements in
paragraph (b) of this section, that person's employer must have a discussion with the controlling entity regarding the
ground preparations that are needed so that, with the use of suitable supporting materials/devices (if necessary), the
requirements in paragraph (b) of this section can be met.

(f) This section does not apply to cranes designed for use on railroad tracks when used on railroad tracks that
are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad
Administration under 49 CFR part 213 and that comply with applicable Federal Railroad Administration requirements.

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§1926.1403   Assembly/Disassembly—selection of manufacturer or employer procedures.

When assembling or disassembling equipment (or attachments), the employer must comply with all applicable
manufacturer prohibitions and must comply with either:

(a) Manufacturer procedures applicable to assembly and disassembly, or

(b) Employer procedures for assembly and disassembly. Employer procedures may be used only where the
employer can demonstrate that the procedures used meet the requirements in §1926.1406.

Note: The employer must follow manufacturer procedures when an employer uses synthetic slings during assembly or disassembly
rigging. (See §1926.1404(r).)

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§1926.1404   Assembly/Disassembly—general requirements (applies to all assembly and disassembly


operations).

(a) Supervision—competent-qualified person. (1) Assembly/disassembly must be directed by a person who

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meets the criteria for both a competent person and a qualified person, or by a competent person who is assisted by
one or more qualified persons (“A/D director”).

(2) Where the assembly/disassembly is being performed by only one person, that person must meet the criteria
for both a competent person and a qualified person. For purposes of this standard, that person is considered the
A/D director.

(b) Knowledge of procedures. The A/D director must understand the applicable assembly/disassembly
procedures.

(c) Review of procedures. The A/D director must review the applicable assembly/disassembly procedures
immediately prior to the commencement of assembly/disassembly unless the A/D director understands the
procedures and has applied them to the same type and configuration of equipment (including accessories, if any).

(d) Crew instructions. (1) Before commencing assembly/disassembly operations, the A/D director must ensure
that the crew members understand all of the following:

(i) Their tasks.

(ii) The hazards associated with their tasks.

(iii) The hazardous positions/locations that they need to avoid.

(2) During assembly/disassembly operations, before a crew member takes on a different task, or when adding
new personnel during the operations, the requirements in paragraphs (d)(1)(i) through (d)(1)(iii) of this section must
be met.

(e) Protecting assembly/disassembly crew members out of operator view. (1) Before a crew member goes to a
location that is out of view of the operator and is either in, on, or under the equipment, or near the equipment (or
load) where the crew member could be injured by movement of the equipment (or load), the crew member must
inform the operator that he/she is going to that location.

(2) Where the operator knows that a crew member went to a location covered by paragraph (e)(1) of this section,
the operator must not move any part of the equipment (or load) until the operator is informed in accordance with a
pre-arranged system of communication that the crew member is in a safe position.

(f) Working under the boom, jib or other components. (1) When pins (or similar devices) are being removed,
employees must not be under the boom, jib, or other components, except where the requirements of paragraph (f)
(2) of this section are met.

(2) Exception. Where the employer demonstrates that site constraints require one or more employees to be
under the boom, jib, or other components when pins (or similar devices) are being removed, the A/D director must
implement procedures that minimize the risk of unintended dangerous movement and minimize the duration and
extent of exposure under the boom. (See Non-mandatory appendix B of this subpart for an example.)

(g) Capacity limits. During all phases of assembly/disassembly, rated capacity limits for loads imposed on the
equipment, equipment components (including rigging), lifting lugs and equipment accessories, must not be exceeded
for the equipment being assembled/disassembled.

(h) Addressing specific hazards. The A/D director supervising the assembly/disassembly operation must address
the hazards associated with the operation, which include:

(1) Site and ground bearing conditions. Site and ground conditions must be adequate for safe
assembly/disassembly operations and to support the equipment during assembly/disassembly (see §1926.1402 for
ground condition requirements).

(2) Blocking material. The size, amount, condition and method of stacking the blocking must be sufficient to
sustain the loads and maintain stability.

(3) Proper location of blocking. When used to support lattice booms or components, blocking must be
appropriately placed to:

(i) Protect the structural integrity of the equipment, and

(ii) Prevent dangerous movement and collapse.

(4) Verifying assist crane loads. When using an assist crane, the loads that will be imposed on the assist crane at
each phase of assembly/disassembly must be verified in accordance with §1926.1417(o)(3) before
assembly/disassembly begins.

(5) Boom and jib pick points. The point(s) of attachment of rigging to a boom (or boom sections or jib or jib
sections) must be suitable for preventing structural damage and facilitating safe handling of these components.

(6) Center of gravity. (i) The center of gravity of the load must be identified if that is necessary for the method
used for maintaining stability.

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(ii) Where there is insufficient information to accurately identify the center of gravity, measures designed to
prevent unintended dangerous movement resulting from an inaccurate identification of the center of gravity must be
used. (See Non-mandatory appendix B of this subpart for an example.)

(7) Stability upon pin removal. The boom sections, boom suspension systems (such as gantry A-frames and jib
struts), and components must be rigged or supported to maintain stability upon the removal of the pins.

(8) Snagging. Suspension ropes and pendants must not be allowed to catch on the boom or jib connection pins
or cotter pins (including keepers and locking pins).

(9) Struck by counterweights. The potential for unintended movement from inadequately supported
counterweights and from hoisting counterweights.

(10) Boom hoist brake failure. Each time reliance is to be placed on the boom hoist brake to prevent boom
movement during assembly/disassembly, the brake must be tested prior to such reliance to determine if it is
sufficient to prevent boom movement. If it is not sufficient, a boom hoist pawl, other locking device/back-up braking
device, or another method of preventing dangerous movement of the boom (such as blocking or using an assist
crane) from a boom hoist brake failure must be used.

(11) Loss of backward stability. Backward stability before swinging the upperworks, travel, and when attaching or
removing equipment components.

(12) Wind speed and weather. The effect of wind speed and weather on the equipment.

(i) [Reserved]

(j) Cantilevered boom sections. Manufacturer limitations on the maximum amount of boom supported only by
cantilevering must not be exceeded. Where these are unavailable, a registered professional engineer familiar with
the type of equipment involved must determine in writing this limitation, which must not be exceeded.

(k) Weight of components. The weight of each of the components must be readily available.

(l) [Reserved]

(m) Components and configuration. (1) The selection of components, and configuration of the equipment, that
affect the capacity or safe operation of the equipment must be in accordance with:

(i) Manufacturer instructions, prohibitions, limitations, and specifications. Where these are unavailable, a
registered professional engineer familiar with the type of equipment involved must approve, in writing, the selection
and configuration of components; or

(ii) Approved modifications that meet the requirements of §1926.1434 (Equipment modifications).

(2) Post-assembly inspection. Upon completion of assembly, the equipment must be inspected to ensure
compliance with paragraph (m)(1) of this section (see §1926.1412(c) for post-assembly inspection requirements).

(n) [Reserved]

(o) Shipping pins. Reusable shipping pins, straps, links, and similar equipment must be removed. Once they are
removed they must either be stowed or otherwise stored so that they do not present a falling object hazard.

(p) Pile driving. Equipment used for pile driving must not have a jib attached during pile driving operations.

(q) Outriggers and stabilizers. When the load to be handled and the operating radius require the use of
outriggers or stabilizers, or at any time when outriggers or stabilizers are used, all of the following requirements must
be met (except as otherwise indicated):

(1) The outriggers or stabilizers must be either fully extended or, if manufacturer procedures permit, deployed as
specified in the load chart.

(2) The outriggers must be set to remove the equipment weight from the wheels, except for locomotive cranes
(see paragraph (q)(6) of this section for use of outriggers on locomotive cranes). This provision does not apply to
stabilizers.

(3) When outrigger floats are used, they must be attached to the outriggers. When stabilizer floats are used, they
must be attached to the stabilizers.

(4) Each outrigger or stabilizer must be visible to the operator or to a signal person during extension and setting.

(5) Outrigger and stabilizer blocking must:

(i) Meet the requirements in paragraphs (h)(2) and (h)(3) of this section.

(ii) Be placed only under the outrigger or stabilizer float/pad of the jack or, where the outrigger or stabilizer is
designed without a jack, under the outer bearing surface of the extended outrigger or stabilizer beam.

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(6) For locomotive cranes, when using outriggers or stabilizers to handle loads, the manufacturer's procedures
must be followed. When lifting loads without using outriggers or stabilizers, the manufacturer's procedures must be
met regarding truck wedges or screws.

(r) Rigging. In addition to following the requirements in 29 CFR 1926.251 and other requirements in this and
other standards applicable to rigging, when rigging is used for assembly/disassembly, the employer must ensure that:

(1) The rigging work is done by a qualified rigger.

(2) Synthetic slings are protected from: Abrasive, sharp or acute edges, and configurations that could cause a
reduction of the sling's rated capacity, such as distortion or localized compression.

Note: Requirements for the protection of wire rope slings are contained in 29 CFR 1926.251(c)(9).

(3) When synthetic slings are used, the synthetic sling manufacturer's instructions, limitations, specifications and
recommendations must be followed.

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§1926.1405   Disassembly—additional requirements for dismantling of booms and jibs (applies to both


the use of manufacturer procedures and employer procedures).

Dismantling (including dismantling for changing the length of) booms and jibs.

(a) None of the pins in the pendants are to be removed (partly or completely) when the pendants are in tension.

(b) None of the pins (top or bottom) on boom sections located between the pendant attachment points and the
crane/derrick body are to be removed (partly or completely) when the pendants are in tension.

(c) None of the pins (top or bottom) on boom sections located between the uppermost boom section and the
crane/derrick body are to be removed (partly or completely) when the boom is being supported by the uppermost
boom section resting on the ground (or other support).

(d) None of the top pins on boom sections located on the cantilevered portion of the boom being removed (the
portion being removed ahead of the pendant attachment points) are to be removed (partly or completely) until the
cantilevered section to be removed is fully supported.

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§1926.1406   Assembly/Disassembly—employer procedures—general requirements.

(a) When using employer procedures instead of manufacturer procedures for assembly/disassembly, the
employer must ensure that the procedures:

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

(2) Provide adequate support and stability of all parts of the equipment.

(3) Position employees involved in the assembly/disassembly operation so that their exposure to unintended
movement or collapse of part or all of the equipment is minimized.

(b) Qualified person. Employer procedures must be developed by a qualified person.

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§1926.1407   Power line safety (up to 350 kV)—assembly and disassembly.

(a) Before assembling or disassembling equipment, the employer must determine if any part of the equipment,
load line, or load (including rigging and lifting accessories) could get, in the direction or area of assembly/disassembly,
closer than 20 feet to a power line during the assembly/disassembly process. If so, the employer must meet the
requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(1) Option (1)—Deenergize and ground. Confirm from the utility owner/operator that the power line has been
deenergized and visibly grounded at the worksite.

(2) Option (2)—20 foot clearance. Ensure that no part of the equipment, load line or load (including rigging and
lifting accessories), gets closer than 20 feet to the power line by implementing the measures specified in paragraph
(b) of this section.

(3) Option (3)—Table A clearance. (i) Determine the line's voltage and the minimum clearance distance permitted
under Table A (see §1926.1408).

(ii) Determine if any part of the equipment, load line, or load (including rigging and lifting accessories), could get
closer than the minimum clearance distance to the power line permitted under Table A (see §1926.1408). If so, then
the employer must follow the requirements in paragraph (b) of this section to ensure that no part of the equipment,
load line, or load (including rigging and lifting accessories), gets closer to the line than the minimum clearance

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distance.

(b) Preventing encroachment/electrocution. Where encroachment precautions are required under Option (2), or
Option (3) of this section, all of the following requirements must be met:

(1) Conduct a planning meeting with the Assembly/Disassembly director (A/D director), operator,
assembly/disassembly crew and the other workers who will be in the assembly/disassembly area to review the
location of the power line(s) and the steps that will be implemented to prevent encroachment/electrocution.

(2) If tag lines are used, they must be nonconductive.

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

The additional measures are:

(i) Use a dedicated spotter who is in continuous contact with the equipment operator. The dedicated spotter
must:

(A) Be equipped with a visual aid to assist in identifying the minimum clearance distance. Examples of a visual aid
include, but are not limited to: A clearly visible line painted on the ground; a clearly visible line of stanchions; a set of
clearly visible line-of-sight landmarks (such as a fence post behind the dedicated spotter and a building corner ahead
of the dedicated spotter).

(B) Be positioned to effectively gauge the clearance distance.

(C) Where necessary, use equipment that enables the dedicated spotter to communicate directly with the
operator.

(D) Give timely information to the operator so that the required clearance distance can be maintained.

(ii) A proximity alarm set to give the operator sufficient warning to prevent encroachment.

(iii) A device that automatically warns the operator when to stop movement, such as a range control warning
device. Such a device must be set to give the operator sufficient warning to prevent encroachment.

(iv) A device that automatically limits range of movement, set to prevent encroachment.

(v) An elevated warning line, barricade, or line of signs, in view of the operator, equipped with flags or similar
high-visibility markings.

(c) Assembly/disassembly below power lines prohibited. No part of a crane/derrick, load line, or load (including
rigging and lifting accessories), whether partially or fully assembled, is allowed below a power line unless the
employer has confirmed that the utility owner/operator has deenergized and (at the worksite) visibly grounded the
power line.

(d) Assembly/disassembly inside Table A clearance prohibited. No part of a crane/derrick, load line, or load
(including rigging and lifting accessories), whether partially or fully assembled, is allowed closer than the minimum
approach distance under Table A (see §1926.1408) to a power line unless the employer has confirmed that the utility
owner/operator has deenergized and (at the worksite) visibly grounded the power line.

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

(f) Power lines presumed energized. The employer must assume that all power lines are energized unless the
utility owner/operator confirms that the power line has been and continues to be deenergized and visibly grounded
at the worksite.

(g) Posting of electrocution warnings. There must be at least one electrocution hazard warning conspicuously
posted in the cab so that it is in view of the operator and (except for overhead gantry and tower cranes) at least two
on the outside of the equipment.

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§1926.1408   Power line safety (up to 350 kV)—equipment operations.

(a) Hazard assessments and precautions inside the work zone. Before beginning equipment operations, the
employer must:

(1) Identify the work zone by either:

(i) Demarcating boundaries (such as with flags, or a device such as a range limit device or range control warning
device) and prohibiting the operator from operating the equipment past those boundaries, or

(ii) Defining the work zone as the area 360 degrees around the equipment, up to the equipment's maximum
working radius.

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(2) Determine if any part of the equipment, load line or load (including rigging and lifting accessories), if operated
up to the equipment's maximum working radius in the work zone, could get closer than 20 feet to a power line. If so,
the employer must meet the requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(i) Option (1)—Deenergize and ground. Confirm from the utility owner/operator that the power line has been
deenergized and visibly grounded at the worksite.

(ii) Option (2)—20 foot clearance. Ensure that no part of the equipment, load line, or load (including rigging and
lifting accessories), gets closer than 20 feet to the power line by implementing the measures specified in paragraph
(b) of this section.

(iii) Option (3)—Table A clearance. (A) Determine the line's voltage and the minimum approach distance
permitted under Table A (see §1926.1408).

(B) Determine if any part of the equipment, load line or load (including rigging and lifting accessories), while
operating up to the equipment's maximum working radius in the work zone, could get closer than the minimum
approach distance of the power line permitted under Table A (see §1926.1408). If so, then the employer must follow
the requirements in paragraph (b) of this section to ensure that no part of the equipment, load line, or load (including
rigging and lifting accessories), gets closer to the line than the minimum approach distance.

(b) Preventing encroachment/electrocution. Where encroachment precautions are required under Option (2) or
Option (3) of this section, all of the following requirements must be met:

(1) Conduct a planning meeting with the operator and the other workers who will be in the area of the
equipment or load to review the location of the power line(s), and the steps that will be implemented to prevent
encroachment/electrocution.

(2) If tag lines are used, they must be non-conductive.

(3) Erect and maintain an elevated warning line, barricade, or line of signs, in view of the operator, equipped with
flags or similar high-visibility markings, at 20 feet from the power line (if using Option (2) of this section) or at the
minimum approach distance under Table A (see §1926.1408) (if using Option (3) of this section). If the operator is
unable to see the elevated warning line, a dedicated spotter must be used as described in §1926.1408(b)(4)(ii) in
addition to implementing one of the measures described in §§1926.1408(b)(4)(i), (iii), (iv) and (v).

(4) Implement at least one of the following measures:

(i) A proximity alarm set to give the operator sufficient warning to prevent encroachment.

(ii) A dedicated spotter who is in continuous contact with the operator. Where this measure is selected, the
dedicated spotter must:

(A) Be equipped with a visual aid to assist in identifying the minimum clearance distance. Examples of a visual aid
include, but are not limited to: A clearly visible line painted on the ground; a clearly visible line of stanchions; a set of
clearly visible line-of-sight landmarks (such as a fence post behind the dedicated spotter and a building corner ahead
of the dedicated spotter).

(B) Be positioned to effectively gauge the clearance distance.

(C) Where necessary, use equipment that enables the dedicated spotter to communicate directly with the
operator.

(D) Give timely information to the operator so that the required clearance distance can be maintained.

(iii) A device that automatically warns the operator when to stop movement, such as a range control warning
device. Such a device must be set to give the operator sufficient warning to prevent encroachment.

(iv) A device that automatically limits range of movement, set to prevent encroachment.

(v) An insulating link/device, as defined in §1926.1401, installed at a point between the end of the load line (or
below) and the load.

(5) The requirements of paragraph (b)(4) of this section do not apply to work covered by subpart V of this part.

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

(d) Operations below power lines. (1) No part of the equipment, load line, or load (including rigging and lifting
accessories) is allowed below a power line unless the employer has confirmed that the utility owner/operator has
deenergized and (at the worksite) visibly grounded the power line, except where one of the exceptions in paragraph
(d)(2) of this section applies.

(2) Exceptions. Paragraph (d)(1) of this section is inapplicable where the employer demonstrates that one of the
following applies:

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(i) The work is covered by subpart V of this part.

(ii) For equipment with non-extensible booms: The uppermost part of the equipment, with the boom at true
vertical, would be more than 20 feet below the plane of the power line or more than the Table A of this section
minimum clearance distance below the plane of the power line.

(iii) For equipment with articulating or extensible booms: The uppermost part of the equipment, with the boom
in the fully extended position, at true vertical, would be more than 20 feet below the plane of the power line or more
than the Table A of this section minimum clearance distance below the plane of the power line.

(iv) The employer demonstrates that compliance with paragraph (d)(1) of this section is infeasible and meets the
requirements of §1926.1410.

(e) Power lines presumed energized. The employer must assume that all power lines are energized unless the
utility owner/operator confirms that the power line has been and continues to be deenergized and visibly grounded
at the worksite.

(f) When working near transmitter/communication towers where the equipment is close enough for an electrical
charge to be induced in the equipment or materials being handled, the transmitter must be deenergized or the
following precautions must be taken:

(1) The equipment must be provided with an electrical ground.

(2) If tag lines are used, they must be non-conductive.

(g) Training. (1) The employer must train each operator and crew member assigned to work with the equipment
on all of the following:

(i) The procedures to be followed in the event of electrical contact with a power line. Such training must include:

(A) Information regarding the danger of electrocution from the operator simultaneously touching the equipment
and the ground.

(B) The importance to the operator's safety of remaining inside the cab except where there is an imminent
danger of fire, explosion, or other emergency that necessitates leaving the cab.

(C) The safest means of evacuating from equipment that may be energized.

(D) The danger of the potentially energized zone around the equipment (step potential).

(E) The need for crew in the area to avoid approaching or touching the equipment and the load.

(F) Safe clearance distance from power lines.

(ii) Power lines are presumed to be energized unless the utility owner/operator confirms that the power line has
been and continues to be deenergized and visibly grounded at the worksite.

(iii) Power lines are presumed to be uninsulated unless the utility owner/operator or a registered engineer who is
a qualified person with respect to electrical power transmission and distribution confirms that a line is insulated.

(iv) The limitations of an insulating link/device, proximity alarm, and range control (and similar) device, if used.

(v) The procedures to be followed to properly ground equipment and the limitations of grounding.

(2) Employees working as dedicated spotters must be trained to enable them to effectively perform their task,
including training on the applicable requirements of this section.

(3) Training under this section must be administered in accordance with §1926.1430(g).

(h) Devices originally designed by the manufacturer for use as: A safety device (see §1926.1415), operational aid,
or a means to prevent power line contact or electrocution, when used to comply with this section, must meet the
manufacturer's procedures for use and conditions of use.

Table A—Minimum Clearance Distances

Voltage
(nominal, kV,
alternating Minimum clearance distance
current) (feet)
up to 50 10
over 50 to 200 15
over 200 to 350 20
over 350 to 500 25
over 500 to 750 35

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over 750 to 1,000 45


over 1,000 (as established by the utility owner/operator or registered professional engineer who is a
qualified person with respect to electrical power transmission and distribution).

Note: The value that follows “to” is up to and includes that value. For example, over 50 to 200 means up to and
including 200kV.

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§1926.1409   Power line safety (over 350 kV).

The requirements of §§1926.1407 and 1926.1408 apply to power lines over 350 kV except:

(a) For power lines at or below 1000 kV, wherever the distance “20 feet” is specified, the distance “50 feet” must
be substituted; and

(b) For power lines over 1000 kV, the minimum clearance distance must be established by the utility
owner/operator or registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution.

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

Equipment operations in which any part of the equipment, load line, or load (including rigging and lifting
accessories) is closer than the minimum approach distance under Table A of §1926.1408 to an energized power line
is prohibited, except where the employer demonstrates that all of the following requirements are met:

(a) The employer determines that it is infeasible to do the work without breaching the minimum approach
distance under Table A of §1926.1408.

(b) The employer determines that, after consultation with the utility owner/operator, it is infeasible to deenergize
and ground the power line or relocate the power line.

(c) Minimum clearance distance. (1) The power line owner/operator or registered professional engineer who is a
qualified person with respect to electrical power transmission and distribution determines the minimum clearance
distance that must be maintained to prevent electrical contact in light of the on-site conditions. The factors that must
be considered in making this determination include, but are not limited to: Conditions affecting atmospheric
conductivity; time necessary to bring the equipment, load line, and load (including rigging and lifting accessories) to a
complete stop; wind conditions; degree of sway in the power line; lighting conditions, and other conditions affecting
the ability to prevent electrical contact.

(2) Paragraph (c)(1) of this section does not apply to work covered by subpart V of this part; instead, for such
work, the minimum approach distances established by the employer under §1926.960(c)(1)(i) apply.

(d) A planning meeting with the employer and utility owner/operator (or registered professional engineer who is
a qualified person with respect to electrical power transmission and distribution) is held to determine the procedures
that will be followed to prevent electrical contact and electrocution. At a minimum these procedures must include:

(1) If the power line is equipped with a device that automatically reenergizes the circuit in the event of a power
line contact, before the work begins, the automatic reclosing feature of the circuit interrupting device must be made
inoperative if the design of the device permits.

(2) A dedicated spotter who is in continuous contact with the operator. The dedicated spotter must:

(i) Be equipped with a visual aid to assist in identifying the minimum clearance distance. Examples of a visual aid
include, but are not limited to: A line painted on the ground; a clearly visible line of stanchions; a set of clearly visible
line-of-sight landmarks (such as a fence post behind the dedicated spotter and a building corner ahead of the
dedicated spotter).

(ii) Be positioned to effectively gauge the clearance distance.

(iii) Where necessary, use equipment that enables the dedicated spotter to communicate directly with the
operator.

(iv) Give timely information to the operator so that the required clearance distance can be maintained.

(3) An elevated warning line, or barricade (not attached to the crane), in view of the operator (either directly or
through video equipment), equipped with flags or similar high-visibility markings, to prevent electrical contact.
However, this provision does not apply to work covered by subpart V of this part.

(4) Insulating link/device. (i) An insulating link/device installed at a point between the end of the load line (or
below) and the load.

(ii) Paragraph (d)(4)(i) of this section does not apply to work covered by subpart V of this part.

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(iii) [Reserved]

(iv) Until November 8, 2011, the following procedure may be substituted for the requirement in paragraph (d)(4)
(i) of this section: All employees, excluding equipment operators located on the equipment, who may come in contact
with the equipment, the load line, or the load must be insulated or guarded from the equipment, the load line, and
the load. Insulating gloves rated for the voltage involved are adequate insulation for the purposes of this paragraph.

(v) Until November 8, 2013, the following procedure may be substituted for the requirement in (d)(4)(i) of this
section:

(A) The employer must use a link/device manufactured on or before November 8, 2011, that meets the definition
of an insulating link/device, except that it has not been approved by a Nationally Recognized Testing Laboratory, and
that is maintained and used in accordance with manufacturer requirements and recommendations, and is installed
at a point between the end of the load line (or below) and the load; and

(B) All employees, excluding equipment operators located on the equipment, who may come in contact with the
equipment, the load line, or the load must be insulated or guarded from the equipment, the load line, and the load
through an additional means other than the device described in paragraph (d)(4)(v)(A) of this section. Insulating
gloves rated for the voltage involved are adequate additional means of protection for the purposes of this paragraph.

(5) Nonconductive rigging if the rigging may be within the Table A of §1926.1408 distance during the operation.

(6) If the equipment is equipped with a device that automatically limits range of movement, it must be used and
set to prevent any part of the equipment, load line, or load (including rigging and lifting accessories) from breaching
the minimum approach distance established under paragraph (c) of this section.

(7) If a tag line is used, it must be of the nonconductive type.

(8) Barricades forming a perimeter at least 10 feet away from the equipment to prevent unauthorized personnel
from entering the work area. In areas where obstacles prevent the barricade from being at least 10 feet away, the
barricade must be as far from the equipment as feasible.

(9) Workers other than the operator must be prohibited from touching the load line above the insulating
link/device and crane. Operators remotely operating the equipment from the ground must use either wireless
controls that isolate the operator from the equipment or insulating mats that insulate the operator from the ground.

(10) Only personnel essential to the operation are permitted to be in the area of the crane and load.

(11) The equipment must be properly grounded.

(12) Insulating line hose or cover-up must be installed by the utility owner/operator except where such devices
are unavailable for the line voltages involved.

(e) The procedures developed to comply with paragraph (d) of this section are documented and immediately
available on-site.

(f) The equipment user and utility owner/operator (or registered professional engineer) meet with the equipment
operator and the other workers who will be in the area of the equipment or load to review the procedures that will
be implemented to prevent breaching the minimum approach distance established in paragraph (c) of this section
and prevent electrocution.

(g) The procedures developed to comply with paragraph (d) of this section are implemented.

(h) The utility owner/operator (or registered professional engineer) and all employers of employees involved in
the work must identify one person who will direct the implementation of the procedures. The person identified in
accordance with this paragraph must direct the implementation of the procedures and must have the authority to
stop work at any time to ensure safety.

(i) [Reserved]

(j) If a problem occurs implementing the procedures being used to comply with paragraph (d) of this section, or
indicating that those procedures are inadequate to prevent electrocution, the employer must safely stop operations
and either develop new procedures to comply with paragraph (d) of this section or have the utility owner/operator
deenergize and visibly ground or relocate the power line before resuming work.

(k) Devices originally designed by the manufacturer for use as a safety device (see §1926.1415), operational aid,
or a means to prevent power line contact or electrocution, when used to comply with this section, must comply with
the manufacturer's procedures for use and conditions of use.

(l) [Reserved]

(m) The employer must train each operator and crew member assigned to work with the equipment in
accordance with §1926.1408(g).

[75 FR 48135, Aug. 9, 2010, as amended at 79 FR 20743, Apr. 11, 2014]

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eCFR — Code of Federal Regulations

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§1926.1411   Power line safety—while traveling under or near power lines with no load.

(a) This section establishes procedures and criteria that must be met for equipment traveling under or near a
power line on a construction site with no load. Equipment traveling on a construction site with a load is governed by
§1926.1408, §1926.1409 or §1926.1410, whichever is appropriate, and §1926.1417(u).

(b) The employer must ensure that:

(1) The boom/mast and boom/mast support system are lowered sufficiently to meet the requirements of this
paragraph.

(2) The clearances specified in Table T of this section are maintained.

(3) The effects of speed and terrain on equipment movement (including movement of the boom/mast) are
considered so that those effects do not cause the minimum clearance distances specified in Table T of this section to
be breached.

(4) Dedicated spotter. If any part of the equipment while traveling will get closer than 20 feet to the power line,
the employer must ensure that a dedicated spotter who is in continuous contact with the driver/operator is used.
The dedicated spotter must:

(i) Be positioned to effectively gauge the clearance distance.

(ii) Where necessary, use equipment that enables the dedicated spotter to communicate directly with the
operator.

(iii) Give timely information to the operator so that the required clearance distance can be maintained.

(5) Additional precautions for traveling in poor visibility. When traveling at night, or in conditions of poor visibility,
in addition to the measures specified in paragraphs (b)(1) through (4) of this section, the employer must ensure that:

(i) The power lines are illuminated or another means of identifying the location of the lines is used.

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

Table T—Minimum Clearance Distances While Traveling With No Load

Voltage
(nominal, kV,
alternating While traveling—minimum clearance distance
current) (feet)
up to 0.75 4
over .75 to 50 6
over 50 to 345 10
over 345 to 750 16
Over 750 to 1,000 20
Over 1,000 (as established by the utility owner/operator or registered professional engineer who is a
qualified person with respect to electrical power transmission and distribution).

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§1926.1412   Inspections.

(a) Modified equipment. (1) Equipment that has had modifications or additions which affect the safe operation of
the equipment (such as modifications or additions involving a safety device or operational aid, critical part of a
control system, power plant, braking system, load-sustaining structural components, load hook, or in-use operating
mechanism) or capacity must be inspected by a qualified person after such modifications/additions have been
completed, prior to initial use. The inspection must meet all of the following requirements:

(i) The inspection must assure that the modifications or additions have been done in accordance with the
approval obtained pursuant to §1926.1434 (Equipment modifications).

(ii) The inspection must include functional testing of the equipment.

(2) Equipment must not be used until an inspection under this paragraph demonstrates that the requirements
of paragraph (a)(1)(i) of this section have been met.

(b) Repaired/adjusted equipment. (1) Equipment that has had a repair or adjustment that relates to safe
operation (such as: A repair or adjustment to a safety device or operator aid, or to a critical part of a control system,
power plant, braking system, load-sustaining structural components, load hook, or in-use operating mechanism),
must be inspected by a qualified person after such a repair or adjustment has been completed, prior to initial use.

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The inspection must meet all of the following requirements:

(i) The qualified person must determine if the repair/adjustment meets manufacturer equipment criteria (where
applicable and available).

(ii) Where manufacturer equipment criteria are unavailable or inapplicable, the qualified person must:

(A) Determine if a registered professional engineer (RPE) is needed to develop criteria for the repair/adjustment.
If an RPE is not needed, the employer must ensure that the criteria are developed by the qualified person. If an RPE
is needed, the employer must ensure that they are developed by an RPE.

(B) Determine if the repair/adjustment meets the criteria developed in accordance with paragraph (b)(1)(ii)(A) of
this section.

(iii) The inspection must include functional testing of the repaired/adjusted parts and other components that
may be affected by the repair/adjustment.

(4) Equipment must not be used until an inspection under this paragraph demonstrates that the
repair/adjustment meets the requirements of paragraph (b)(1)(i) of this section (or, where applicable, paragraph (b)(1)
(ii) of this section).

(c) Post-assembly. (1) Upon completion of assembly, the equipment must be inspected by a qualified person to
assure that it is configured in accordance with manufacturer equipment criteria.

(2) Where manufacturer equipment criteria are unavailable, a qualified person must:

(i) Determine if a registered professional engineer (RPE) familiar with the type of equipment involved is needed to
develop criteria for the equipment configuration. If an RPE is not needed, the employer must ensure that the criteria
are developed by the qualified person. If an RPE is needed, the employer must ensure that they are developed by an
RPE.

(ii) Determine if the equipment meets the criteria developed in accordance with paragraph (c)(2)(i) of this section.

(3) Equipment must not be used until an inspection under this paragraph demonstrates that the equipment is
configured in accordance with the applicable criteria.

(d) Each shift. (1) A competent person must begin a visual inspection prior to each shift the equipment will be
used, which must be completed before or during that shift. The inspection must consist of observation for apparent
deficiencies. Taking apart equipment components and booming down is not required as part of this inspection
unless the results of the visual inspection or trial operation indicate that further investigation necessitating taking
apart equipment components or booming down is needed. Determinations made in conducting the inspection must
be reassessed in light of observations made during operation. At a minimum the inspection must include all of the
following:

(i) Control mechanisms for maladjustments interfering with proper operation.

(ii) Control and drive mechanisms for apparent excessive wear of components and contamination by lubricants,
water or other foreign matter.

(iii) Air, hydraulic, and other pressurized lines for deterioration or leakage, particularly those which flex in normal
operation.

(iv) Hydraulic system for proper fluid level.

(v) Hooks and latches for deformation, cracks, excessive wear, or damage such as from chemicals or heat.

(vi) Wire rope reeving for compliance with the manufacturer's specifications.

(vii) Wire rope, in accordance with §1926.1413(a).

(viii) Electrical apparatus for malfunctioning, signs of apparent excessive deterioration, dirt or moisture
accumulation.

(ix) Tires (when in use) for proper inflation and condition.

(x) Ground conditions around the equipment for proper support, including ground settling under and around
outriggers/stabilizers and supporting foundations, ground water accumulation, or similar conditions. This paragraph
does not apply to the inspection of ground conditions for railroad tracks and their underlying support when the
railroad tracks are part of the general railroad system of transportation that is regulated pursuant to the Federal
Railroad Administration under 49 CFR part 213.

(xi) The equipment for level position within the tolerances specified by the equipment manufacturer's
recommendations, both before each shift and after each move and setup.

(xii) Operator cab windows for significant cracks, breaks, or other deficiencies that would hamper the operator's
view.

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eCFR — Code of Federal Regulations

(xiii) Rails, rail stops, rail clamps and supporting surfaces when the equipment has rail traveling. This paragraph
does not apply to the inspection of rails, rail stops, rail clamps and supporting surfaces when the railroad tracks are
part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad
Administration under 49 CFR part 213.

(xiv) Safety devices and operational aids for proper operation.

(2) If any deficiency in paragraphs (d)(1)(i) through (xiii) of this section (or in additional inspection items required
to be checked for specific types of equipment in accordance with other sections of this standard) is identified, an
immediate determination must be made by the competent person as to whether the deficiency constitutes a safety
hazard. If the deficiency is determined to constitute a safety hazard, the equipment must be taken out of service until
it has been corrected. See §1926.1417.

(3) If any deficiency in paragraph (d)(1)(xiv) of this section (safety devices/operational aids) is identified, the action
specified in §1926.1415 and §1926.1416 must be taken prior to using the equipment.

(e) Monthly. (1) Each month the equipment is in service it must be inspected in accordance with paragraph (d) of
this section (each shift).

(2) Equipment must not be used until an inspection under this paragraph demonstrates that no corrective action
under paragraphs (d)(2) and (3) of this section is required.

(3) Documentation. (i) The following information must be documented and maintained by the employer that
conducts the inspection:

(A) The items checked and the results of the inspection.

(B) The name and signature of the person who conducted the inspection and the date.

(ii) This document must be retained for a minimum of three months.

(f) Annual/comprehensive. (1) At least every 12 months the equipment must be inspected by a qualified person
in accordance with paragraph (d) of this section (each shift) except that the corrective action set forth in paragraphs
(f)(4), (f)(5), and (f)(6) of this section must apply in place of the corrective action required by paragraphs (d)(2) and (d)
(3) of this section.

(2) In addition, at least every 12 months, the equipment must be inspected by a qualified person. Disassembly is
required, as necessary, to complete the inspection. The equipment must be inspected for all of the following:

(i) Equipment structure (including the boom and, if equipped, the jib):

(A) Structural members: Deformed, cracked, or significantly corroded.

(B) Bolts, rivets and other fasteners: loose, failed or significantly corroded.

(C) Welds for cracks.

(ii) Sheaves and drums for cracks or significant wear.

(iii) Parts such as pins, bearings, shafts, gears, rollers and locking devices for distortion, cracks or significant wear.

(iv) Brake and clutch system parts, linings, pawls and ratchets for excessive wear.

(v) Safety devices and operational aids for proper operation (including significant inaccuracies).

(vi) Gasoline, diesel, electric, or other power plants for safety-related problems (such as leaking exhaust and
emergency shut-down feature) and conditions, and proper operation.

(vii) Chains and chain drive sprockets for excessive wear of sprockets and excessive chain stretch.

(viii) Travel steering, brakes, and locking devices, for proper operation.

(ix) Tires for damage or excessive wear.

(x) Hydraulic, pneumatic and other pressurized hoses, fittings and tubing, as follows:

(A) Flexible hose or its junction with the fittings for indications of leaks.

(B) Threaded or clamped joints for leaks.

(C) Outer covering of the hose for blistering, abnormal deformation or other signs of failure/impending failure.

(D) Outer surface of a hose, rigid tube, or fitting for indications of excessive abrasion or scrubbing.

(xi) Hydraulic and pneumatic pumps and motors, as follows:

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(A) Performance indicators: Unusual noises or vibration, low operating speed, excessive heating of the fluid, low
pressure.

(B) Loose bolts or fasteners.

(C) Shaft seals and joints between pump sections for leaks.

(xii) Hydraulic and pneumatic valves, as follows:

(A) Spools: Sticking, improper return to neutral, and leaks.

(B) Leaks.

(C) Valve housing cracks.

(D) Relief valves: Failure to reach correct pressure (if there is a manufacturer procedure for checking pressure, it
must be followed).

(xiii) Hydraulic and pneumatic cylinders, as follows:

(A) Drifting caused by fluid leaking across the piston.

(B) Rod seals and welded joints for leaks.

(C) Cylinder rods for scores, nicks, or dents.

(D) Case (barrel) for significant dents.

(E) Rod eyes and connecting joints: Loose or deformed.

(xiv) Outrigger or stabilizer pads/floats for excessive wear or cracks.

(xv) Slider pads for excessive wear or cracks.

(xvi) Electrical components and wiring for cracked or split insulation and loose or corroded terminations.

(xvii) Warning labels and decals originally supplied with the equipment by the manufacturer or otherwise
required under this standard: Missing or unreadable.

(xviii) Originally equipped operator seat (or equivalent): Missing.

(xix) Operator seat: Unserviceable.

(xx) Originally equipped steps, ladders, handrails, guards: Missing.

(xxi) Steps, ladders, handrails, guards: In unusable/unsafe condition.

(3) This inspection must include functional testing to determine that the equipment as configured in the
inspection is functioning properly.

(4) If any deficiency is identified, an immediate determination must be made by the qualified person as to
whether the deficiency constitutes a safety hazard or, though not yet a safety hazard, needs to be monitored in the
monthly inspections.

(5) If the qualified person determines that a deficiency is a safety hazard, the equipment must be taken out of
service until it has been corrected, except when temporary alternative measures are implemented as specified in
§1926.1416(d) or §1926.1435(e). See §1926.1417.

(6) If the qualified person determines that, though not presently a safety hazard, the deficiency needs to be
monitored, the employer must ensure that the deficiency is checked in the monthly inspections.

(7) Documentation of annual/comprehensive inspection. The following information must be documented,


maintained, and retained for a minimum of 12 months, by the employer that conducts the inspection:

(i) The items checked and the results of the inspection.

(ii) The name and signature of the person who conducted the inspection and the date.

(g) Severe service. Where the severity of use/conditions is such that there is a reasonable probability of damage
or excessive wear (such as loading that may have exceeded rated capacity, shock loading that may have exceeded
rated capacity, prolonged exposure to a corrosive atmosphere), the employer must stop using the equipment and a
qualified person must:

(1) Inspect the equipment for structural damage to determine if the equipment can continue to be used safely.

(2) In light of the use/conditions determine whether any items/conditions listed in paragraph (f) of this section
need to be inspected; if so, the qualified person must inspect those items/conditions.

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(3) If a deficiency is found, the employer must follow the requirements in paragraphs (f)(4) through (6) of this
section.

(h) Equipment not in regular use. Equipment that has been idle for 3 months or more must be inspected by a
qualified person in accordance with the requirements of paragraph (e) (Monthly) of this section before initial use.

(i) [Reserved]

(j) Any part of a manufacturer's procedures regarding inspections that relate to safe operation (such as to a
safety device or operational aid, critical part of a control system, power plant, braking system, load-sustaining
structural components, load hook, or in-use operating mechanism) that is more comprehensive or has a more
frequent schedule of inspection than the requirements of this section must be followed.

(k) All documents produced under this section must be available, during the applicable document retention
period, to all persons who conduct inspections under this section.

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§1926.1413   Wire rope—inspection.

(a) Shift inspection. (1) A competent person must begin a visual inspection prior to each shift the equipment is
used, which must be completed before or during that shift. The inspection must consist of observation of wire ropes
(running and standing) that are likely to be in use during the shift for apparent deficiencies, including those listed in
paragraph (a)(2) of this section. Untwisting (opening) of wire rope or booming down is not required as part of this
inspection.

(2) Apparent deficiencies—(i) Category I. Apparent deficiencies in this category include the following:

(A) Significant distortion of the wire rope structure such as kinking, crushing, unstranding, birdcaging, signs of
core failure or steel core protrusion between the outer strands.

(B) Significant corrosion.

(C) Electric arc damage (from a source other than power lines) or heat damage.

(D) Improperly applied end connections.

(E) Significantly corroded, cracked, bent, or worn end connections (such as from severe service).

(ii) Category II. Apparent deficiencies in this category are:

(A) Visible broken wires, as follows:

(1) In running wire ropes: Six randomly distributed broken wires in one rope lay or three broken wires in one
strand in one rope lay, where a rope lay is the length along the rope in which one strand makes a complete
revolution around the rope.

(2) In rotation resistant ropes: Two randomly distributed broken wires in six rope diameters or four randomly
distributed broken wires in 30 rope diameters.

(3) In pendants or standing wire ropes: More than two broken wires in one rope lay located in rope beyond end
connections and/or more than one broken wire in a rope lay located at an end connection.

(B) A diameter reduction of more than 5% from nominal diameter.

(iii) Category III. Apparent deficiencies in this category include the following:

(A) In rotation resistant wire rope, core protrusion or other distortion indicating core failure.

(B) Prior electrical contact with a power line.

(C) A broken strand.

(3) Critical review items. The competent person must give particular attention to all of the following:

(i) Rotation resistant wire rope in use.

(ii) Wire rope being used for boom hoists and luffing hoists, particularly at reverse bends.

(iii) Wire rope at flange points, crossover points and repetitive pickup points on drums.

(iv) Wire rope at or near terminal ends.

(v) Wire rope in contact with saddles, equalizer sheaves or other sheaves where rope travel is limited.

(4) Removal from service. (i) If a deficiency in Category I (see paragraph (a)(2)(i) of this section) is identified, an
immediate determination must be made by the competent person as to whether the deficiency constitutes a safety

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eCFR — Code of Federal Regulations

hazard. If the deficiency is determined to constitute a safety hazard, operations involving use of the wire rope in
question must be prohibited until:

(A) The wire rope is replaced (see §1926.1417), or

(B) If the deficiency is localized, the problem is corrected by severing the wire rope in two; the undamaged
portion may continue to be used. Joining lengths of wire rope by splicing is prohibited. If a rope is shortened under
this paragraph, the employer must ensure that the drum will still have two wraps of wire when the load and/or boom
is in its lowest position.

(ii) If a deficiency in Category II (see paragraph (a)(2)(ii) of this section) is identified, operations involving use of the
wire rope in question must be prohibited until:

(A) The employer complies with the wire rope manufacturer's established criterion for removal from service or a
different criterion that the wire rope manufacturer has approved in writing for that specific wire rope (see
§1926.1417),

(B) The wire rope is replaced (see §1926.1417), or

(C) If the deficiency is localized, the problem is corrected by severing the wire rope in two; the undamaged
portion may continue to be used. Joining lengths of wire rope by splicing is prohibited. If a rope is shortened under
this paragraph, the employer must ensure that the drum will still have two wraps of wire when the load and/or boom
is in its lowest position.

(iii) If a deficiency in Category III is identified, operations involving use of the wire rope in question must be
prohibited until:

(A) The wire rope is replaced (see §1926.1417), or

(B) If the deficiency (other than power line contact) is localized, the problem is corrected by severing the wire
rope in two; the undamaged portion may continue to be used. Joining lengths of wire rope by splicing is prohibited.
Repair of wire rope that contacted an energized power line is also prohibited. If a rope is shortened under this
paragraph, the employer must ensure that the drum will still have two wraps of wire when the load and/or boom is in
its lowest position.

(iv) Where a wire rope is required to be removed from service under this section, either the equipment (as a
whole) or the hoist with that wire rope must be tagged-out, in accordance with §1926.1417(f)(1), until the wire rope is
repaired or replaced.

(b) Monthly inspection. (1) Each month an inspection must be conducted in accordance with paragraph (a) (shift
inspection) of this section.

(2) The inspection must include any deficiencies that the qualified person who conducts the annual inspection
determines under paragraph (c)(3)(ii) of this section must be monitored.

(3) Wire ropes on equipment must not be used until an inspection under this paragraph demonstrates that no
corrective action under paragraph (a)(4) of this section is required.

(4) The inspection must be documented according to §1926.1412(e)(3) (monthly inspection documentation).

(c) Annual/comprehensive. (1) At least every 12 months, wire ropes in use on equipment must be inspected by a
qualified person in accordance with paragraph (a) of this section (shift inspection).

(2) In addition, at least every 12 months, the wire ropes in use on equipment must be inspected by a qualified
person, as follows:

(i) The inspection must be for deficiencies of the types listed in paragraph (a)(2) of this section.

(ii) The inspection must be complete and thorough, covering the surface of the entire length of the wire ropes,
with particular attention given to all of the following:

(A) Critical review items listed in paragraph (a)(3) of this section.

(B) Those sections that are normally hidden during shift and monthly inspections.

(C) Wire rope subject to reverse bends.

(D) Wire rope passing over sheaves.

(iii) Exception: In the event an inspection under paragraph (c)(2) of this section is not feasible due to existing set-
up and configuration of the equipment (such as where an assist crane is needed) or due to site conditions (such as a
dense urban setting), such inspections must be conducted as soon as it becomes feasible, but no longer than an
additional 6 months for running ropes and, for standing ropes, at the time of disassembly.

(3) If a deficiency is identified, an immediate determination must be made by the qualified person as to whether
the deficiency constitutes a safety hazard.

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eCFR — Code of Federal Regulations

(i) If the deficiency is determined to constitute a safety hazard, operations involving use of the wire rope in
question must be prohibited until:

(A) The wire rope is replaced (see §1926.1417), or

(B) If the deficiency is localized, the problem is corrected by severing the wire rope in two; the undamaged
portion may continue to be used. Joining lengths of wire rope by splicing is prohibited. If a rope is shortened under
this paragraph, the employer must ensure that the drum will still have two wraps of wire when the load and/or boom
is in its lowest position.

(ii) If the qualified person determines that, though not presently a safety hazard, the deficiency needs to be
monitored, the employer must ensure that the deficiency is checked in the monthly inspections.

(4) The inspection must be documented according to §1926.1412(f)(7) (annual/comprehensive inspection


documentation).

(d) Rope lubricants that are of the type that hinder inspection must not be used.

(e) All documents produced under this section must be available, during the applicable document retention
period, to all persons who conduct inspections under this section.

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§1926.1414   Wire rope—selection and installation criteria.

(a) Original equipment wire rope and replacement wire rope must be selected and installed in accordance with
the requirements of this section. Selection of replacement wire rope must be in accordance with the
recommendations of the wire rope manufacturer, the equipment manufacturer, or a qualified person.

(b) Wire rope design criteria: Wire rope (other than rotation resistant rope) must comply with either Option (1) or
Option (2) of this section, as follows:

(1) Option (1). Wire rope must comply with section 5-1.7.1 of ASME B30.5-2004 (incorporated by reference, see
§1926.6) except that section's paragraph (c) must not apply.

(2) Option (2). Wire rope must be designed to have, in relation to the equipment's rated capacity, a sufficient
minimum breaking force and design factor so that compliance with the applicable inspection provisions in
§1926.1413 will be an effective means of preventing sudden rope failure.

(c) Wire rope must be compatible with the safe functioning of the equipment.

(d) Boom hoist reeving. (1) Fiber core ropes must not be used for boom hoist reeving, except for derricks.

(2) Rotation resistant ropes must be used for boom hoist reeving only where the requirements of paragraph (e)
(4)(ii) of this section are met.

(e) Rotation resistant ropes—(1) Definitions—(i) Type I rotation resistant wire rope (“Type I”). Type I rotation
resistant rope is stranded rope constructed to have little or no tendency to rotate or, if guided, transmits little or no
torque. It has at least 15 outer strands and comprises an assembly of at least three layers of strands laid helically
over a center in two operations. The direction of lay of the outer strands is opposite to that of the underlying layer.

(ii) Type II rotation resistant wire rope (“Type II”). Type II rotation resistant rope is stranded rope constructed to
have significant resistance to rotation. It has at least 10 outer strands and comprises an assembly of two or more
layers of strands laid helically over a center in two or three operations. The direction of lay of the outer strands is
opposite to that of the underlying layer.

(iii) Type III rotation resistant wire rope (“Type III”). Type III rotation resistant rope is stranded rope constructed to
have limited resistance to rotation. It has no more than nine outer strands, and comprises an assembly of two layers
of strands laid helically over a center in two operations. The direction of lay of the outer strands is opposite to that of
the underlying layer.

(2) Requirements. (i) Types II and III with an operating design factor of less than 5 must not be used for duty cycle
or repetitive lifts.

(ii) Rotation resistant ropes (including Types I, II and III) must have an operating design factor of no less than 3.5.

(iii) Type I must have an operating design factor of no less than 5, except where the wire rope manufacturer and
the equipment manufacturer approves the design factor, in writing.

(iv) Types II and III must have an operating design factor of no less than 5, except where the requirements of
paragraph (e)(3) of this section are met.

(3) When Types II and III with an operating design factor of less than 5 are used (for non-duty cycle, non-
repetitive lifts), the following requirements must be met for each lifting operation:

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eCFR — Code of Federal Regulations

(i) A qualified person must inspect the rope in accordance with §1926.1413(a). The rope must be used only if the
qualified person determines that there are no deficiencies constituting a hazard. In making this determination, more
than one broken wire in any one rope lay must be considered a hazard.

(ii) Operations must be conducted in such a manner and at such speeds as to minimize dynamic effects.

(iii) Each lift made under §1926.1414(e)(3) must be recorded in the monthly and annual inspection documents.
Such prior uses must be considered by the qualified person in determining whether to use the rope again.

(4) Additional requirements for rotation resistant ropes for boom hoist reeving. (i) Rotation resistant ropes must
not be used for boom hoist reeving, except where the requirements of paragraph (e)(4)(ii) of this section are met.

(ii) Rotation resistant ropes may be used as boom hoist reeving when load hoists are used as boom hoists for
attachments such as luffing attachments or boom and mast attachment systems. Under these conditions, all of the
following requirements must be met:

(A) The drum must provide a first layer rope pitch diameter of not less than 18 times the nominal diameter of the
rope used.

(B) The requirements in §1926.1426(a) (irrespective of the date of manufacture of the equipment), and
§1926.1426(b).

(C) The requirements in ASME B30.5-2004 sections 5-1.3.2(a), (a)(2) through (a)(4), (b) and (d) (incorporated by
reference, see §1926.6) except that the minimum pitch diameter for sheaves used in multiple rope reeving is 18
times the nominal diameter of the rope used (instead of the value of 16 specified in section 5-1.3.2(d)).

(D) All sheaves used in the boom hoist reeving system must have a rope pitch diameter of not less than 18 times
the nominal diameter of the rope used.

(E) The operating design factor for the boom hoist reeving system must be not less than five.

(F) The operating design factor for these ropes must be the total minimum breaking force of all parts of rope in
the system divided by the load imposed on the rope system when supporting the static weights of the structure and
the load within the equipment's rated capacity.

(G) When provided, a power-controlled lowering system must be capable of handling rated capacities and
speeds as specified by the manufacturer.

(f) Wire rope clips used in conjunction with wedge sockets must be attached to the unloaded dead end of the
rope only, except that the use of devices specifically designed for dead-ending rope in a wedge socket is permitted.

(g) Socketing must be done in the manner specified by the manufacturer of the wire rope or fitting.

(h) Prior to cutting a wire rope, seizings must be placed on each side of the point to be cut. The length and
number of seizings must be in accordance with the wire rope manufacturer's instructions.

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§1926.1415   Safety devices.

(a) Safety devices. The following safety devices are required on all equipment covered by this subpart, unless
otherwise specified:

(1) Crane level indicator. (i) The equipment must have a crane level indicator that is either built into the
equipment or is available on the equipment.

(ii) If a built-in crane level indicator is not working properly, it must be tagged-out or removed. If a removable
crane level indicator is not working properly, it must be removed.

(iii) This requirement does not apply to portal cranes, derricks, floating cranes/derricks and land cranes/derricks
on barges, pontoons, vessels or other means of flotation.

(2) Boom stops, except for derricks and hydraulic booms.

(3) Jib stops (if a jib is attached), except for derricks.

(4) Equipment with foot pedal brakes must have locks.

(5) Hydraulic outrigger jacks and hydraulic stabilizer jacks must have an integral holding device/check valve.

(6) Equipment on rails must have rail clamps and rail stops, except for portal cranes.

(7) Horn. (i) The equipment must have a horn that is either built into the equipment or is on the equipment and
immediately available to the operator.

(ii) If a built-in horn is not working properly, it must be tagged-out or removed. If a removable horn is not working

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eCFR — Code of Federal Regulations

properly, it must be removed.

(b) Proper operation required. Operations must not begin unless all of the devices listed in this section are in
proper working order. If a device stops working properly during operations, the operator must safely stop
operations. If any of the devices listed in this section are not in proper working order, the equipment must be taken
out of service and operations must not resume until the device is again working properly. See §1926.1417
(Operation). Alternative measures are not permitted to be used.

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§1926.1416   Operational aids.

(a) The devices listed in this section (“listed operational aids”) are required on all equipment covered by this
subpart, unless otherwise specified.

(1) The requirements in paragraphs (e)(1), (e)(2), and (e)(3) of this section do not apply to articulating cranes.

(2) The requirements in paragraphs (d)(3), (e)(1), and (e)(4) of this section apply only to those digger derricks
manufactured after November 8, 2011.

(b) Operations must not begin unless the listed operational aids are in proper working order, except where an
operational aid is being repaired the employer uses the specified temporary alternative measures. The time periods
permitted for repairing defective operational aids are specified in paragraphs (d) and (e) of this section. More
protective alternative measures specified by the crane/derrick manufacturer, if any, must be followed.

(c) If a listed operational aid stops working properly during operations, the operator must safely stop operations
until the temporary alternative measures are implemented or the device is again working properly. If a replacement
part is no longer available, the use of a substitute device that performs the same type of function is permitted and is
not considered a modification under §1926.1434.

(d) Category I operational aids and alternative measures. Operational aids listed in this paragraph that are not
working properly must be repaired no later than 7 calendar days after the deficiency occurs. Exception: If the
employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts. See §1926.1417(j) for
additional requirements.

(1) Boom hoist limiting device. (i) For equipment manufactured after December 16, 1969, a boom hoist limiting
device is required. Temporary alternative measures (use at least one). One or more of the following methods must
be used:

(A) Use a boom angle indicator.

(B) Clearly mark the boom hoist cable (so that it can easily be seen by the operator) at a point that will give the
operator sufficient time to stop the hoist to keep the boom within the minimum allowable radius. In addition, install
mirrors or remote video cameras and displays if necessary for the operator to see the mark.

(C) Clearly mark the boom hoist cable (so that it can easily be seen by a spotter) at a point that will give the
spotter sufficient time to signal the operator and have the operator stop the hoist to keep the boom within the
minimum allowable radius.

(ii) If the equipment was manufactured on or before December 16, 1969, and is not equipped with a boom hoist
limiting device, at least one of the measures in paragraphs (d)(1)(i)(A) through (C) of this section must be used.

(2) Luffing jib limiting device. Equipment with a luffing jib must have a luffing jib limiting device. Temporary
alternative measures are the same as in paragraph (d)(1)(i) of this section, except to limit the movement of the luffing
jib rather than the boom hoist.

(3) Anti two-blocking device. (i) Telescopic boom cranes manufactured after February 28, 1992, must be
equipped with a device which automatically prevents damage from contact between the load block, overhaul ball, or
similar component, and the boom tip (or fixed upper block or similar component). The device(s) must prevent such
damage at all points where two-blocking could occur.

Temporary alternative measures: Clearly mark the cable (so that it can easily be seen by the operator) at a point
that will give the operator sufficient time to stop the hoist to prevent two-blocking, and use a spotter when extending
the boom.

(ii) Lattice boom cranes. (A) Lattice boom cranes manufactured after Feb 28, 1992, must be equipped with a
device that either automatically prevents damage and load failure from contact between the load block, overhaul ball,
or similar component, and the boom tip (or fixed upper block or similar component), or warns the operator in time
for the operator to prevent two-blocking. The device must prevent such damage/failure or provide adequate warning
for all points where two-blocking could occur.

(B) Lattice boom cranes and derricks manufactured after November 8, 2011 must be equipped with a device
which automatically prevents damage and load failure from contact between the load block, overhaul ball, or similar
component, and the boom tip (or fixed upper block or similar component). The device(s) must prevent such

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eCFR — Code of Federal Regulations

damage/failure at all points where two-blocking could occur.

(C) Exception. The requirements in paragraphs (d)(3)(ii)(A) and (B) of this section do not apply to such lattice
boom equipment when used for dragline, clamshell (grapple), magnet, drop ball, container handling, concrete bucket,
marine operations that do not involve hoisting personnel, and pile driving work.

(D) Temporary alternative measures. Clearly mark the cable (so that it can easily be seen by the operator) at a
point that will give the operator sufficient time to stop the hoist to prevent two-blocking, or use a spotter.

(iii) Articulating cranes manufactured after December 31, 1999, that are equipped with a load hoist must be
equipped with a device that automatically prevents damage from contact between the load block, overhaul ball, or
similar component, and the boom tip (or fixed upper block or similar component). The device must prevent such
damage at all points where two-blocking could occur. Temporary alternative measures: When two-blocking could only
occur with movement of the load hoist, clearly mark the cable (so that it can easily be seen by the operator) at a point
that will give the operator sufficient time to stop the hoist to prevent two-blocking, or use a spotter. When two-
blocking could occur without movement of the load hoist, clearly mark the cable (so that it can easily be seen by the
operator) at a point that will give the operator sufficient time to stop the hoist to prevent two-blocking, and use a
spotter when extending the boom.

(e) Category II operational aids and alternative measures. Operational aids listed in this paragraph that are not
working properly must be repaired no later than 30 calendar days after the deficiency occurs. Exception: If the
employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days, the repair must be
completed within 7 calendar days of receipt of the parts. See §1926.1417(j) for additional requirements.

(1) Boom angle or radius indicator. The equipment must have a boom angle or radius indicator readable from
the operator's station. Temporary alternative measures: Radii or boom angle must be determined by measuring the
radii or boom angle with a measuring device.

(2) Jib angle indicator if the equipment has a luffing jib. Temporary alternative measures: Radii or jib angle must
be determined by ascertaining the main boom angle and then measuring the radii or jib angle with a measuring
device.

(3) Boom length indicator if the equipment has a telescopic boom, except where the rated capacity is
independent of the boom length. Temporary alternative measures. One or more of the following methods must be
used:

(i) Mark the boom with measured marks to calculate boom length,

(ii) Calculate boom length from boom angle and radius measurements,

(iii) Measure the boom with a measuring device.

(4) Load weighing and similar devices. (i) Equipment (other than derricks and articulating cranes) manufactured
after March 29, 2003 with a rated capacity over 6,000 pounds must have at least one of the following: load weighing
device, load moment (or rated capacity) indicator, or load moment (or rated capacity) limiter. Temporary alternative
measures: The weight of the load must be determined from a source recognized by the industry (such as the load's
manufacturer) or by a calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight). This information must be provided to the operator prior to the
lift.

(ii) Articulating cranes manufactured after November 8, 2011 must have at least one of the following: automatic
overload prevention device, load weighing device, load moment (or rated capacity) indicator, or load moment (rated
capacity) limiter. Temporary alternative measures: The weight of the load must be determined from a source
recognized by the industry (such as the load's manufacturer) or by a calculation method recognized by the industry
(such as calculating a steel beam from measured dimensions and a known per foot weight). This information must be
provided to the operator prior to the lift.

(5) The following devices are required on equipment manufactured after November 8, 2011:

(i) Outrigger/stabilizer position (horizontal beam extension) sensor/monitor if the equipment has outriggers or
stabilizers. Temporary alternative measures: The operator must verify that the position of the outriggers or stabilizers
is correct (in accordance with manufacturer procedures) before beginning operations requiring outrigger or stabilizer
deployment.

(ii) Hoist drum rotation indicator if the equipment has a hoist drum not visible from the operator's station.
Temporary alternative measures: Mark the drum to indicate the rotation of the drum. In addition, install mirrors or
remote video cameras and displays if necessary for the operator to see the mark.

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§1926.1417   Operation.

(a) The employer must comply with all manufacturer procedures applicable to the operational functions of
equipment, including its use with attachments.

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(b) Unavailable operation procedures. (1) Where the manufacturer procedures are unavailable, the employer
must develop and ensure compliance with all procedures necessary for the safe operation of the equipment and
attachments.

(2) Procedures for the operational controls must be developed by a qualified person.

(3) Procedures related to the capacity of the equipment must be developed and signed by a registered
professional engineer familiar with the equipment.

(c) Accessibility of procedures. (1) The procedures applicable to the operation of the equipment, including rated
capacities (load charts), recommended operating speeds, special hazard warnings, instructions, and operator's
manual, must be readily available in the cab at all times for use by the operator.

(2) Where rated capacities are available in the cab only in electronic form: In the event of a failure which makes
the rated capacities inaccessible, the operator must immediately cease operations or follow safe shut-down
procedures until the rated capacities (in electronic or other form) are available.

(d) The operator must not engage in any practice or activity that diverts his/her attention while actually engaged
in operating the equipment, such as the use of cellular phones (other than when used for signal communications).

(e) Leaving the equipment unattended. (1) The operator must not leave the controls while the load is suspended,
except where all of the following are met:

(i) The operator remains adjacent to the equipment and is not engaged in any other duties.

(ii) The load is to be held suspended for a period of time exceeding normal lifting operations.

(iii) The competent person determines that it is safe to do so and implements measures necessary to restrain
the boom hoist and telescoping, load, swing, and outrigger or stabilizer functions.

(iv) Barricades or caution lines, and notices, are erected to prevent all employees from entering the fall zone. No
employees, including those listed in §§1926.1425(b)(1) through (3), §1926.1425(d) or §1926.1425(e), are permitted in
the fall zone.

(2) The provisions in §1926.1417(e)(1) do not apply to working gear (such as slings, spreader bars, ladders, and
welding machines) where the weight of the working gear is negligible relative to the lifting capacity of the equipment
as positioned, and the working gear is suspended over an area other than an entrance or exit.

(f) Tag-out—(1) Tagging out of service equipment/functions. Where the employer has taken the equipment out of
service, a tag must be placed in the cab stating that the equipment is out of service and is not to be used. Where the
employer has taken a function(s) out of service, a tag must be placed in a conspicuous position stating that the
function is out of service and is not to be used.

(2) Response to “do not operate”/tag-out signs. (i) If there is a warning (tag-out or maintenance/do not operate)
sign on the equipment or starting control, the operator must not activate the switch or start the equipment until the
sign has been removed by a person authorized to remove it, or until the operator has verified that:

(A) No one is servicing, working on, or otherwise in a dangerous position on the machine.

(B) The equipment has been repaired and is working properly.

(ii) If there is a warning (tag-out or maintenance/do not operate) sign on any other switch or control, the operator
must not activate that switch or control until the sign has been removed by a person authorized to remove it, or until
the operator has verified that the requirements in paragraphs (f)(2)(i)(A) and (B) of this section have been met.

(g) Before starting the engine, the operator must verify that all controls are in the proper starting position and
that all personnel are in the clear.

(h) Storm warning. When a local storm warning has been issued, the competent person must determine whether
it is necessary to implement manufacturer recommendations for securing the equipment.

(i) [Reserved]

(j) If equipment adjustments or repairs are necessary:

(1) The operator must, in writing, promptly inform the person designated by the employer to receive such
information and, where there are successive shifts, to the next operator; and

(2) The employer must notify all affected employees, at the beginning of each shift, of the necessary adjustments
or repairs and all alternative measures.

(k) Safety devices and operational aids must not be used as a substitute for the exercise of professional
judgment by the operator.

(l) [Reserved]

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eCFR — Code of Federal Regulations

(m) If the competent person determines that there is a slack rope condition requiring re-spooling of the rope, it
must be verified (before starting to lift) that the rope is seated on the drum and in the sheaves as the slack is
removed.

(n) The competent person must adjust the equipment and/or operations to address the effect of wind, ice, and
snow on equipment stability and rated capacity.

(o) Compliance with rated capacity. (1) The equipment must not be operated in excess of its rated capacity.

(2) The operator must not be required to operate the equipment in a manner that would violate paragraph (o)(1)
of this section.

(3) Load weight. The operator must verify that the load is within the rated capacity of the equipment by at least
one of the following methods:

(i) The weight of the load must be determined from a source recognized by the industry (such as the load's
manufacturer), or by a calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight), or by other equally reliable means. In addition, when requested
by the operator, this information must be provided to the operator prior to the lift; or

(ii) The operator must begin hoisting the load to determine, using a load weighing device, load moment indicator,
rated capacity indicator, or rated capacity limiter, if it exceeds 75 percent of the maximum rated capacity at the
longest radius that will be used during the lift operation. If it does, the operator must not proceed with the lift until
he/she verifies the weight of the load in accordance with paragraph (o)(3)(i) of this section.

(p) The boom or other parts of the equipment must not contact any obstruction.

(q) The equipment must not be used to drag or pull loads sideways.

(r) On wheel-mounted equipment, no loads must be lifted over the front area, except as permitted by the
manufacturer.

(s) The operator must test the brakes each time a load that is 90% or more of the maximum line pull is handled
by lifting the load a few inches and applying the brakes. In duty cycle and repetitive lifts where each lift is 90% or
more of the maximum line pull, this requirement applies to the first lift but not to successive lifts.

(t) Neither the load nor the boom must be lowered below the point where less than two full wraps of rope
remain on their respective drums.

(u) Traveling with a load. (1) Traveling with a load is prohibited if the practice is prohibited by the manufacturer.

(2) Where traveling with a load, the employer must ensure that:

(i) A competent person supervises the operation, determines if it is necessary to reduce rated capacity, and
makes determinations regarding load position, boom location, ground support, travel route, overhead obstructions,
and speed of movement necessary to ensure safety.

(ii) The determinations of the competent person required in paragraph (u)(2)(i) of this section are implemented.

(iii) For equipment with tires, tire pressure specified by the manufacturer is maintained.

(v) Rotational speed of the equipment must be such that the load does not swing out beyond the radius at which
it can be controlled.

(w) A tag or restraint line must be used if necessary to prevent rotation of the load that would be hazardous.

(x) The brakes must be adjusted in accordance with manufacturer procedures to prevent unintended
movement.

(y) The operator must obey a stop (or emergency stop) signal, irrespective of who gives it.

(z) Swinging locomotive cranes. A locomotive crane must not be swung into a position where railway cars on an
adjacent track could strike it, until it is determined that cars are not being moved on the adjacent track and that
proper flag protection has been established.

(aa) Counterweight/ballast. (1) The following applies to equipment other than tower cranes:

(i) Equipment must not be operated without the counterweight or ballast in place as specified by the
manufacturer.

(ii) The maximum counterweight or ballast specified by the manufacturer for the equipment must not be
exceeded.

(2) Counterweight/ballast requirements for tower cranes are specified in §1926.1435(b)(8).

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§1926.1418   Authority to stop operation.

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

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§1926.1419   Signals—general requirements.

(a) A signal person must be provided in each of the following situations:

(1) The point of operation, meaning the load travel or the area near or at load placement, is not in full view of the
operator.

(2) When the equipment is traveling, the view in the direction of travel is obstructed.

(3) Due to site specific safety concerns, either the operator or the person handling the load determines that it is
necessary.

(b) Types of signals. Signals to operators must be by hand, voice, audible, or new signals.

(c) Hand signals. (1) When using hand signals, the Standard Method must be used (see appendix A of this
subpart). Exception: Where use of the Standard Method for hand signals is infeasible, or where an operation or use
of an attachment is not covered in the Standard Method, non-standard hand signals may be used in accordance with
paragraph (c)(2) of this section.

(2) Non-standard hand signals. When using non-standard hand signals, the signal person, operator, and lift
director (where there is one) must contact each other prior to the operation and agree on the non-standard hand
signals that will be used.

(d) New signals. Signals other than hand, voice, or audible signals may be used where the employer
demonstrates that:

(1) The new signals provide at least equally effective communication as voice, audible, or Standard Method hand
signals, or

(2) The new signals comply with a national consensus standard that provides at least equally effective
communication as voice, audible, or Standard Method hand signals.

(e) Suitability. The signals used (hand, voice, audible, or new), and means of transmitting the signals to the
operator (such as direct line of sight, video, radio, etc.), must be appropriate for the site conditions.

(f) During operations requiring signals, the ability to transmit signals between the operator and signal person
must be maintained. If that ability is interrupted at any time, the operator must safely stop operations requiring
signals until it is reestablished and a proper signal is given and understood.

(g) If the operator becomes aware of a safety problem and needs to communicate with the signal person, the
operator must safely stop operations. Operations must not resume until the operator and signal person agree that
the problem has been resolved.

(h) Only one person may give signals to a crane/derrick at a time, except in circumstances covered by paragraph
(j) of this section.

(i) [Reserved]

(j) Anyone who becomes aware of a safety problem must alert the operator or signal person by giving the stop or
emergency stop signal. (Note: §1926.1417(y) requires the operator to obey a stop or emergency stop signal).

(k) All directions given to the operator by the signal person must be given from the operator's direction
perspective.

(l) [Reserved]

(m) Communication with multiple cranes/derricks. Where a signal person(s) is in communication with more than
one crane/derrick, a system must be used for identifying the crane/derrick each signal is for, as follows:

(1) for each signal, prior to giving the function/direction, the signal person must identify the crane/derrick the
signal is for, or

(2) must use an equally effective method of identifying which crane/derrick the signal is for.

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§1926.1420   Signals—radio, telephone or other electronic transmission of signals.

(a) The device(s) used to transmit signals must be tested on site before beginning operations to ensure that the

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signal transmission is effective, clear, and reliable.

(b) Signal transmission must be through a dedicated channel, except:

(1) Multiple cranes/derricks and one or more signal persons may share a dedicated channel for the purpose of
coordinating operations.

(2) Where a crane is being operated on or adjacent to railroad tracks, and the actions of the crane operator need
to be coordinated with the movement of other equipment or trains on the same or adjacent tracks.

(c) The operator's reception of signals must be by a hands-free system.

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§1926.1421   Signals—voice signals—additional requirements.

(a) Prior to beginning operations, the operator, signal person and lift director (if there is one), must contact each
other and agree on the voice signals that will be used. Once the voice signals are agreed upon, these workers need
not meet again to discuss voice signals unless another worker is added or substituted, there is confusion about the
voice signals, or a voice signal is to be changed.

(b) Each voice signal must contain the following three elements, given in the following order: function (such as
hoist, boom, etc.), direction; distance and/or speed; function, stop command.

(c) The operator, signal person and lift director (if there is one), must be able to effectively communicate in the
language used.

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§1926.1422   Signals—hand signal chart.

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

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§1926.1423   Fall protection.

(a) Application. (1) Paragraphs (b), (c)(3), (e) and (f) of this section apply to all equipment covered by this subpart
except tower cranes.

(2) Paragraphs (c)(1), (c)(2), (d), (g), (j) and (k) of this section apply to all equipment covered by this subpart.

(3) Paragraphs (c)(4) and (h) of this section apply only to tower cranes.

(b) Boom walkways. (1) Equipment manufactured after November 8, 2011 with lattice booms must be equipped
with walkways on the boom(s) if the vertical profile of the boom (from cord centerline to cord centerline) is 6 or more
feet.

(2) Boom walkway criteria. (i) The walkways must be at least 12 inches wide.

(ii) Guardrails, railings and other permanent fall protection attachments along walkways are:

(A) Not required.

(B) Prohibited on booms supported by pendant ropes or bars if the guardrails/railings/attachments could be
snagged by the ropes or bars.

(C) Prohibited if of the removable type (designed to be installed and removed each time the boom is
assembled/disassembled).

(D) Where not prohibited, guardrails or railings may be of any height up to, but not more than, 45 inches.

(c) Steps, handholds, ladders, grabrails, guardrails and railings. (1) Section 1926.502(b) does not apply to
equipment covered by this subpart.

(2) The employer must maintain in good condition originally-equipped steps, handholds, ladders and
guardrails/railings/grabrails.

(3) Equipment manufactured after November 8, 2011 must be equipped so as to provide safe access and egress
between the ground and the operator work station(s), including the forward and rear positions, by the provision of
devices such as steps, handholds, ladders, and guardrails/railings/grabrails. These devices must meet the following
criteria:

(i) Steps, handholds, ladders and guardrails/railings/grabrails must meet the criteria of SAE J185 (May 2003)
(incorporated by reference, see §1926.6) or ISO 11660-2:1994(E) (incorporated by reference, see §1926.6) except

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where infeasible.

(ii) Walking/stepping surfaces, except for crawler treads, must have slip-resistant features/properties (such as
diamond plate metal, strategically placed grip tape, expanded metal, or slip-resistant paint).

(4) Tower cranes manufactured after November 8, 2011 must be equipped so as to provide safe access and
egress between the ground and the cab, machinery platforms, and tower (mast), by the provision of devices such as
steps, handholds, ladders, and guardrails/railings/grabrails. These devices must meet the following criteria:

(i) Steps, handholds, ladders, and guardrails/railings/grabrails must meet the criteria of ISO 11660-1:2008(E)
(incorporated by reference, see §1926.6) and ISO 11660-3:2008(E) (incorporated by reference, see §1926.6) or SAE
J185 (May 2003) (incorporated by reference, see §1926.6) except where infeasible.

(ii) Walking/stepping surfaces must have slip-resistant features/properties (such as diamond plate metal,
strategically placed grip tape, expanded metal, or slip-resistant paint).

(d) Personal fall arrest and fall restraint systems. Personal fall arrest system components must be used in
personal fall arrest and fall restraint systems and must conform to the criteria in §1926.502(d) except that
§1926.502(d)(15) does not apply to components used in personal fall arrest and fall restraint systems. Either body
belts or body harnesses must be used in personal fall arrest and fall restraint systems.

(e) For non-assembly/disassembly work, the employer must provide and ensure the use of fall protection
equipment for employees who are on a walking/working surface with an unprotected side or edge more than 6 feet
above a lower level as follows:

(1) When moving point-to-point:

(i) On non-lattice booms (whether horizontal or not horizontal).

(ii) On lattice booms that are not horizontal.

(iii) On horizontal lattice booms where the fall distance is 15 feet or more.

(2) While at a work station on any part of the equipment (including the boom, of any type), except when the
employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(f) For assembly/disassembly work, the employer must provide and ensure the use of fall protection equipment
for employees who are on a walking/working surface with an unprotected side or edge more than 15 feet above a
lower level, except when the employee is at or near draw-works (when the equipment is running), in the cab, or on
the deck.

(g) Anchorage criteria. (1) Sections 1926.502(d)(15) and 1926.502(e)(2) apply to equipment covered by this
subpart only to the extent delineated in paragraph (g)(2) of this section.

(2) Anchorages for personal fall arrest and positioning device systems. (i) Personal fall arrest systems must be
anchored to any apparently substantial part of the equipment unless a competent person, from a visual inspection,
without an engineering analysis, would conclude that the criteria in §1926.502(d)(15) would not be met.

(ii) Positioning device systems must be anchored to any apparently substantial part of the equipment unless a
competent person, from a visual inspection, without an engineering analysis, would conclude that the criteria in
§1926.502(e)(2) would not be met.

(iii) Attachable anchor devices (portable anchor devices that are attached to the equipment) must meet the
anchorage criteria in §1926.502(d)(15) for personal fall arrest systems and §1926.502(e)(2) for positioning device
systems.

(3) Anchorages for fall restraint systems. Fall restraint systems must be anchored to any part of the equipment
that is capable of withstanding twice the maximum load that an employee may impose on it during reasonably
anticipated conditions of use.

(h) Tower cranes. (1) For work other than erecting, climbing, and dismantling, the employer must provide and
ensure the use of fall protection equipment for employees who are on a walking/working surface with an
unprotected side or edge more than 6 feet above a lower level, except when the employee is at or near draw-works
(when the equipment is running), in the cab, or on the deck.

(2) For erecting, climbing, and dismantling work, the employer must provide and ensure the use of fall protection
equipment for employees who are on a walking/working surface with an unprotected side or edge more than 15 feet
above a lower level.

(i) [Reserved]

(j) Anchoring to the load line. A personal fall arrest system is permitted to be anchored to the crane/derrick's
hook (or other part of the load line) where all of the following requirements are met:

(1) A qualified person has determined that the set-up and rated capacity of the crane/derrick (including the hook,
load line and rigging) meets or exceeds the requirements in §1926.502(d)(15).

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(2) The equipment operator must be at the work site and informed that the equipment is being used for this
purpose.

(3) No load is suspended from the load line when the personal fall arrest system is anchored to the
crane/derrick's hook (or other part of the load line).

(k) Training. The employer must train each employee who may be exposed to fall hazards while on, or hoisted by,
equipment covered by this subpart on all of the following:

(1) the requirements in this subpart that address fall protection.

(2) the applicable requirements in §§1926.500 and 1926.502.

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§1926.1424   Work area control.

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

(i) Striking and injuring an employee; or

(ii) Pinching/crushing an employee against another part of the equipment or another object.

(2) To prevent employees from entering these hazard areas, the employer must:

(i) Train each employee assigned to work on or near the equipment (“authorized personnel”) in how to recognize
struck-by and pinch/crush hazard areas posed by the rotating superstructure.

(ii) Erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the
hazard areas. Exception: When the employer can demonstrate that it is neither feasible to erect such barriers on the
ground nor on the equipment, the hazard areas must be clearly marked by a combination of warning signs (such as
“Danger—Swing/Crush Zone”) and high visibility markings on the equipment that identify the hazard areas. In
addition, the employer must train each employee to understand what these markings signify.

(3) Protecting employees in the hazard area. (i) Before an employee goes to a location in the hazard area that is
out of view of the operator, the employee (or someone instructed by the employee) must ensure that the operator is
informed that he/she is going to that location.

(ii) Where the operator knows that an employee went to a location covered by paragraph (a)(1) of this section,
the operator must not rotate the superstructure until the operator is informed in accordance with a pre-arranged
system of communication that the employee is in a safe position.

(b) Where any part of a crane/derrick is within the working radius of another crane/derrick, the controlling entity
must institute a system to coordinate operations. If there is no controlling entity, the employer (if there is only one
employer operating the multiple pieces of equipment), or employers, must institute such a system.

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§1926.1425   Keeping clear of the load.

(a) Where available, hoisting routes that minimize the exposure of employees to hoisted loads must be used, to
the extent consistent with public safety.

(b) While the operator is not moving a suspended load, no employee must be within the fall zone, except for
employees:

(1) Engaged in hooking, unhooking or guiding a load;

(2) Engaged in the initial attachment of the load to a component or structure; or

(3) Operating a concrete hopper or concrete bucket.

(c) When employees are engaged in hooking, unhooking, or guiding the load, or in the initial connection of a load
to a component or structure and are within the fall zone, all of the following criteria must be met:

(1) The materials being hoisted must be rigged to prevent unintentional displacement.

(2) Hooks with self-closing latches or their equivalent must be used. Exception: “J” hooks are permitted to be
used for setting wooden trusses.

(3) The materials must be rigged by a qualified rigger.

(d) Receiving a load. Only employees needed to receive a load are permitted to be within the fall zone when a

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load is being landed.

(e) During a tilt-up or tilt-down operation:

(1) No employee must be directly under the load.

(2) Only employees essential to the operation are permitted in the fall zone (but not directly under the load). An
employee is essential to the operation if the employee is conducting one of the following operations and the
employer can demonstrate it is infeasible for the employee to perform that operation from outside the fall zone: (1)
Physically guide the load; (2) closely monitor and give instructions regarding the load's movement; or (3) either detach
it from or initially attach it to another component or structure (such as, but not limited to, making an initial
connection or installing bracing).

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

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§1926.1426   Free fall and controlled load lowering.

(a) Boom free fall prohibitions. (1) The use of equipment in which the boom is designed to free fall (live boom) is
prohibited in each of the following circumstances:

(i) An employee is in the fall zone of the boom or load.

(ii) An employee is being hoisted.

(iii) The load or boom is directly over a power line, or over any part of the area extending the Table A of
§1926.1408 clearance distance to each side of the power line; or any part of the area extending the Table A
clearance distance to each side of the power line is within the radius of vertical travel of the boom or the load.

(iv) The load is over a shaft, except where there are no employees in the shaft.

(v) The load is over a cofferdam, except where there are no employees in the fall zone of the boom or the load.

(vi) Lifting operations are taking place in a refinery or tank farm.

(2) The use of equipment in which the boom is designed to free fall (live boom) is permitted only where none of
the circumstances listed in paragraph (a)(1) of this section are present and:

(i) The equipment was manufactured prior to October 31, 1984; or

(ii) The equipment is a floating crane/derrick or a land crane/derrick on a vessel/flotation device.

(b) Preventing boom free fall. Where the use of equipment with a boom that is designed to free fall (live boom) is
prohibited, the boom hoist must have a secondary mechanism or device designed to prevent the boom from falling
in the event the primary system used to hold or regulate the boom hoist fails, as follows:

(1) Friction drums must have:

(i) A friction clutch and, in addition, a braking device, to allow for controlled boom lowering.

(ii) A secondary braking or locking device, which is manually or automatically engaged, to back-up the primary
brake while the boom is held (such as a secondary friction brake or a ratchet and pawl device).

(2) Hydraulic drums must have an integrally mounted holding device or internal static brake to prevent boom
hoist movement in the event of hydraulic failure.

(3) Neither clutches nor hydraulic motors must be considered brake or locking devices for purposes of this
subpart.

(4) Hydraulic boom cylinders must have an integrally mounted holding device.

(c) Preventing uncontrolled retraction. Hydraulic telescoping booms must have an integrally mounted holding
device to prevent the boom from retracting in the event of hydraulic failure.

(d) Load line free fall. In each of the following circumstances, controlled load lowering is required and free fall of
the load line hoist is prohibited:

(1) An employee is directly under the load.

(2) An employee is being hoisted.

(3) The load is directly over a power line, or over any part of the area extending the Table A of §1926.1408
clearance distance to each side of the power line; or any part of the area extending the Table A of §1926.1408
clearance distance to each side of the power line is within the radius of vertical travel of the load.

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(4) The load is over a shaft.

(5) The load is over a cofferdam, except where there are no employees in the fall zone of the load.

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§1926.1427   Operator training, certification, and evaluation.

(a) General requirements for operators. The employer must ensure that each operator is trained,
certified/licensed, and evaluated in accordance with this section before operating any equipment covered under
subpart CC, except for the equipment listed in paragraph (a)(2) of this section.

(1) Operation during training. An employee who has not been certified/licensed and evaluated to operate
assigned equipment in accordance with this section may only operate the equipment as an operator-in-training
under supervision in accordance with the requirements of paragraph (b) of this section.

(2) Exceptions. Operators of derricks (see §1926.1436), sideboom cranes (see §1926.1440), or equipment with a
maximum manufacturer-rated hoisting/lifting capacity of 2,000 pounds or less (see §1926.1441) are not required to
comply with §1926.1427. Note: The training requirements in those other sections continue to apply (for the training
requirement for operators of sideboom cranes, follow section 1926.1430(c)).

(3) Qualification by the U.S. military. (i) For purposes of this section, an operator who is an employee of the U.S.
military meets the requirements of this section if he/she has a current operator qualification issued by the U.S.
military for operation of the equipment. An employee of the U.S. military is a Federal employee of the Department of
Defense or Armed Forces and does not include employees of private contractors.

(ii) A qualification under this paragraph is:

(A) Not portable: Such a qualification meets the requirements of paragraph (a) of this section only where the
operator is employed by (and operating the equipment for) the employer that issued the qualification.

(B) Valid for the period of time stipulated by the issuing entity.

(b) Operator training. The employer must provide each operator-in-training with sufficient training, through a
combination of formal and practical instruction, to ensure that the operator-in-training develops the skills,
knowledge, and ability to recognize and avert risk necessary to operate the equipment safely for assigned work.

(1) The employer must provide instruction on the knowledge and skills listed in paragraphs (j)(1) and (2) of this
section to the operator-in-training.

(2) The operator-in-training must be continuously monitored on site by a trainer while operating equipment.

(3) The employer may only assign tasks within the operator-in-training's ability. However, except as provided in
paragraph (b)(3)(v) of this section, the operator-in-training shall not operate the equipment in any of the following
circumstances unless certified in accordance with paragraph (c) of this section:

(i) If any part of the equipment, load line, or load (including rigging and lifting accessories), if operated up to the
equipment's maximum working radius in the work zone (see §1926.1408(a)(1)), could get within 20 feet of a power
line that is up to 350 kV, or within 50 feet of a power line that is over 350 kV.

(ii) If the equipment is used to hoist personnel.

(iii) In multiple-equipment lifts.

(iv) If the equipment is used over a shaft, cofferdam, or in a tank farm.

(v) In multiple-lift rigging operations, except where the operator's trainer determines that the operator-in-
training's skills are sufficient for this high-skill work.

(4) The employer must ensure that an operator-in-training is monitored as follows when operating equipment
covered by this subpart:

(i) While operating the equipment, the operator-in-training must be continuously monitored by an individual
(“operator's trainer”) who meets all of the following requirements:

(A) The operator's trainer is an employee or agent of the operator-in-training's employer.

(B) The operator's trainer has the knowledge, training, and experience necessary to direct the operator-in-
training on the equipment in use.

(ii) While monitoring the operator-in-training, the operator's trainer performs no tasks that detract from the
trainer's ability to monitor the operator-in-training.

(iii) For equipment other than tower cranes: The operator's trainer and the operator-in-training must be in direct
line of sight of each other. In addition, they must communicate verbally or by hand signals. For tower cranes: The
operator's trainer and the operator-in-training must be in direct communication with each other.

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(iv) The operator-in-training must be monitored by the operator's trainer at all times, except for short breaks
where all of the following are met:

(A) The break lasts no longer than 15 minutes and there is no more than one break per hour.

(B) Immediately prior to the break the operator's trainer informs the operator-in-training of the specific tasks
that the operator-in-training is to perform and limitations to which he/she must adhere during the operator trainer's
break.

(C) The specific tasks that the operator-in-training will perform during the operator trainer's break are within the
operator-in-training's abilities.

(5) Retraining. The employer must provide retraining in relevant topics for each operator when, based on the
performance of the operator or an evaluation of the operator's knowledge, there is an indication that retraining is
necessary.

(c) Operator certification and licensing. The employer must ensure that each operator is certified or licensed to
operate the equipment as follows:

(1) Licensing. When a state or local government issues operator licenses for equipment covered under subpart
CC, the equipment operator must be licensed by that government entity for operation of equipment within that
entity's jurisdiction if that government licensing program meets the following requirements:

(i) The requirements for obtaining the license include an assessment, by written and practical tests, of the
operator applicant regarding, at a minimum, the knowledge and skills listed in paragraphs (j)(1) and (2) of this section.

(ii) The testing meets industry-recognized criteria for written testing materials, practical examinations, test
administration, grading, facilities/equipment, and personnel.

(iii) The government authority that oversees the licensing department/office has determined that the
requirements in paragraphs (c)(1)(i) and (ii) of this section have been met.

(iv) The licensing department/office has testing procedures for re-licensing designed to ensure that the operator
continues to meet the technical knowledge and skills requirements in paragraphs (j)(1) and (2) of this section.

(v) For the purposes of compliance with this section, a license is valid for the period of time stipulated by the
licensing department/office, but no longer than 5 years.

(2) Certification. When an operator is not required to be licensed under paragraph (c)(1) of this section, the
operator must be certified in accordance with paragraph (d) or (e) of this section.

(3) No cost to employees. Whenever operator certification/licensure is required under this section, the employer
must provide the certification/licensure at no cost to employees.

(4) Provision of testing and training. A testing entity is permitted to provide training as well as testing services as
long as the criteria of the applicable governmental or accrediting agency (in the option selected) for an organization
providing both services are met.

(d) Certification by an accredited crane operator testing organization. (1) For a certification to satisfy the
requirements of this section, the crane operator testing organization providing the certification must:

(i) Be accredited by a nationally recognized accrediting agency based on that agency's determination that
industry-recognized criteria for written testing materials, practical examinations, test administration, grading,
facilities/equipment, and personnel have been met.

(ii) Administer written and practical tests that:

(A) Assess the operator applicant regarding, at a minimum, the knowledge and skills listed in paragraphs (j)(1)
and (2) of this section.

(B) Provide certification based on equipment type, or type and capacity.

(iii) Have procedures for operators to re-apply and be re-tested in the event an operator applicant fails a test or
is decertified.

(iv) Have testing procedures for re-certification designed to ensure that the operator continues to meet the
technical knowledge and skills requirements in paragraphs (j)(1) and (2) of this section.

(v) Have its accreditation reviewed by the nationally recognized accrediting agency at least every 3 years.

(2) If no accredited testing agency offers certification examinations for a particular type of equipment, an
operator will be deemed to have complied with the certification requirements of this section for that equipment if the
operator has been certified for the type that is most similar to that equipment and for which a certification
examination is available. The operator's certificate must state the type of equipment for which the operator is
certified.

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(3) A certification issued under this option is portable among employers who are required to have operators
certified under this option.

(4) A certification issued under this paragraph is valid for 5 years.

(e) Audited employer program. The employer's certification of its employee must meet the following
requirements:

(1) Testing. The written and practical tests must be either:

(i) Developed by an accredited crane operator testing organization (see paragraph (d) of this section); or

(ii) Approved by an auditor in accordance with the following requirements:

(A) The auditor is certified to evaluate such tests by an accredited crane operator testing organization (see
paragraph (d) of this section).

(B) The auditor is not an employee of the employer.

(C) The approval must be based on the auditor's determination that the written and practical tests meet
nationally recognized test development criteria and are valid and reliable in assessing the operator applicants
regarding, at a minimum, the knowledge and skills listed in paragraphs (j)(1) and (2) of this section.

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

(2) Administration of tests. (i) The written and practical tests must be administered under circumstances
approved by the auditor as meeting nationally recognized test administration standards.

(ii) The auditor must be certified to evaluate the administration of the written and practical tests by an accredited
crane operator testing organization (see paragraph (d) of this section).

(iii) The auditor must not be an employee of the employer.

(iv) The audit must be conducted in accordance with nationally recognized auditing standards.

(3) Timing of audit. The employer program must be audited within 3 months of the beginning of the program
and at least every 3 years thereafter.

(4) Requalification. The employer program must have testing procedures for re-qualification designed to ensure
that the operator continues to meet the technical knowledge and skills requirements in paragraphs (j)(1) and (2) of
this section. The re-qualification procedures must be audited in accordance with paragraphs (e)(1) and (2) of this
section.

(5) Deficiencies. If the auditor determines that there is a significant deficiency (“deficiency”) in the program, the
employer must ensure that:

(i) No operator is qualified until the auditor confirms that the deficiency has been corrected.

(ii) The program is audited again within 180 days of the confirmation that the deficiency was corrected.

(iii) The auditor files a documented report of the deficiency to the appropriate Regional Office of the
Occupational Safety and Health Administration within 15 days of the auditor's determination that there is a
deficiency.

(iv) Records of the audits of the employer's program are maintained by the auditor for 3 years and are made
available by the auditor to the Secretary of Labor or the Secretary's designated representative upon request.

(6) Audited-program certificates. A certification under this paragraph is:

(i) Not portable: Such a certification meets the requirements of paragraph (c) of this section only where the
operator is employed by (and operating the equipment for) the employer that issued the certification.

(ii) Valid for 5 years.

(f) Evaluation. (1) Through an evaluation, the employer must ensure that each operator is qualified by a
demonstration of:

(i) The skills and knowledge, as well as the ability to recognize and avert risk, necessary to operate the equipment
safely, including those specific to the safety devices, operational aids, software, and the size and configuration of the
equipment. Size and configuration includes, but is not limited to, lifting capacity, boom length, attachments, luffing jib,
and counterweight set-up.

(ii) The ability to perform the hoisting activities required for assigned work, including, if applicable, blind lifts,
personnel hoisting, and multi-crane lifts.

(2) For operators employed prior to December 10, 2018, the employer may rely on its previous assessments of

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the operator in lieu of conducting a new evaluation of that operator's existing knowledge and skills.

(3) The definition of “qualified” in §1926.32 does not apply to paragraph (f)(1) of this section: Possession of a
certificate or degree cannot, by itself, cause a person to be qualified for purposes of paragraph (f)(1).

(4) The evaluation required under paragraph (f)(1) of this section must be conducted by an individual who has
the knowledge, training, and experience necessary to assess equipment operators.

(5) The evaluator must be an employee or agent of the employer. Employers that assign evaluations to an agent
retain the duty to ensure that the requirements in paragraph (f) are satisfied. Once the evaluation is completed
successfully, the employer may allow the operator to operate other equipment that the employer can demonstrate
does not require substantially different skills, knowledge, or ability to recognize and avert risk to operate.

(6) The employer must document the completion of the evaluation. This document must provide: The operator's
name; the evaluator's name and signature; the date; and the make, model, and configuration of equipment used in
the evaluation. The employer must make the document available at the worksite while the operator is employed by
the employer. For operators assessed per paragraph (f)(2) of this section, the documentation must reflect the date of
the employer's determination of the operator's abilities and the make, model and configuration of equipment on
which the operator has previously demonstrated competency.

(7) When an employer is required to provide an operator with retraining under paragraph (b)(5) of this section,
the employer must re-evaluate the operator with respect to the subject of the retraining.

(g) [Reserved]

(h) Language and literacy requirements. (1) Tests under this section may be administered verbally, with answers
given verbally, where the operator candidate:

(i) Passes a written demonstration of literacy relevant to the work.

(ii) Demonstrates the ability to use the type of written manufacturer procedures applicable to the class/type of
equipment for which the candidate is seeking certification.

(2) Tests under this section may be administered in any language the operator candidate understands, and the
operator's certification documentation must note the language in which the test was given. The operator is only
permitted to operate equipment that is furnished with materials required by this subpart, such as operations
manuals and load charts, that are written in the language of the certification.

(i) [Reserved]

(j) Certification criteria. Certifications must be based on the following:

(1) A determination through a written test that:

(i) The individual knows the information necessary for safe operation of the specific type of equipment the
individual will operate, including all of the following:

(A) The controls and operational/performance characteristics.

(B) Use of, and the ability to calculate (manually or with a calculator), load/capacity information on a variety of
configurations of the equipment.

(C) Procedures for preventing and responding to power line contact.

(D) Technical knowledge of the subject matter criteria listed in appendix C of this subpart applicable to the
specific type of equipment the individual will operate. Use of the appendix C criteria meets the requirements of this
provision.

(E) Technical knowledge applicable to the suitability of the supporting ground and surface to handle expected
loads, site hazards, and site access.

(F) This subpart, including applicable incorporated materials.

(ii) The individual is able to read and locate relevant information in the equipment manual and other materials
containing information referred to in paragraph (j)(1)(i) of this section.

(2) A determination through a practical test that the individual has the skills necessary for safe operation of the
equipment, including the following:

(i) Ability to recognize, from visual and auditory observation, the items listed in §1926.1412(d) (shift inspection).

(ii) Operational and maneuvering skills.

(iii) Application of load chart information.

(iv) Application of safe shut-down and securing procedures.

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(k) Effective dates. (1) Apart from the evaluation and documentation requirements in paragraphs (a) and (f), this
section is effective on December 10, 2018.

(2) The evaluation and documentation requirements in paragraphs (a) and (f) are effective on February 7, 2019.

[83 FR 56244, Nov. 9, 2018]

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§1926.1428   Signal person qualifications.

(a) The employer of the signal person must ensure that each signal person meets the Qualification Requirements
(paragraph (c) of this section) prior to giving any signals. This requirement must be met by using either Option (1) or
Option (2) of this section.

(1) Option (1)—Third party qualified evaluator. The signal person has documentation from a third party qualified
evaluator (see Qualified Evaluator (third party), §1926.1401 for definition) showing that the signal person meets the
Qualification Requirements (see paragraph (c) of this section).

(2) Option (2)—Employer's qualified evaluator. The employer's qualified (see Qualified Evaluator (not a third
party), §1926.1401 for definition) evaluator assesses the individual and determines that the individual meets the
Qualification Requirements (see paragraph (c) of this section) and provides documentation of that determination. An
assessment by an employer's qualified evaluator under this option is not portable—other employers are not
permitted to use it to meet the requirements of this section.

(3) The employer must make the documentation for whichever option is used available at the site while the
signal person is employed by the employer. The documentation must specify each type of signaling (e.g. hand signals,
radio signals, etc.) for which the signal person meets the requirements of paragraph (c) of this section.

(b) If subsequent actions by the signal person indicate that the individual does not meet the Qualification
Requirements (see paragraph (c) of this section), the employer must not allow the individual to continue working as a
signal person until re-training is provided and a re-assessment is made in accordance with paragraph (a) of this
section that confirms that the individual meets the Qualification Requirements.

(c) Qualification Requirements. Each signal person must:

(1) Know and understand the type of signals used. If hand signals are used, the signal person must know and
understand the Standard Method for hand signals.

(2) Be competent in the application of the type of signals used.

(3) Have a basic understanding of equipment operation and limitations, including the crane dynamics involved in
swinging and stopping loads and boom deflection from hoisting loads.

(4) Know and understand the relevant requirements of §§1926.1419 through 1926.1422 and 1926.1428.

(5) Demonstrate that he/she meets the requirements in paragraphs (c)(1) through (4) of this section through an
oral or written test, and through a practical test.

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§1926.1429   Qualifications of maintenance & repair employees.

(a) Maintenance, inspection and repair personnel are permitted to operate the equipment only where all of the
following requirements are met:

(1) The operation is limited to those functions necessary to perform maintenance, inspect the equipment, or
verify its performance.

(2) The personnel either:

(i) Operate the equipment under the direct supervision of an operator who meets the requirements of
§1926.1427 (Operator qualification and certification); or

(ii) Are familiar with the operation, limitations, characteristics and hazards associated with the type of equipment.

(b) Maintenance and repair personnel must meet the definition of a qualified person with respect to the
equipment and maintenance/repair tasks performed.

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§1926.1430   Training.

The employer must provide training as follows:

(a) Overhead powerlines. The employer must train each employee specified in §1926.1408(g) and §1926.1410(m)

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in the topics listed in §1926.1408(g).

(b) Signal persons. The employer must train each employee who will be assigned to work as a signal persons who
does not meet the requirements of §1926.1428(c) in the areas addressed in that paragraph.

(c) Operators. (1) The employer must train each operator in accordance with §1926.1427(a) and (b), on the safe
operation of the equipment the operator will be using.

(2) The employer must train each operator covered under the exception of §1926.1427(a)(2) on the safe
operation of the equipment the operator will be using.

(3) The employer must train each operator of the equipment covered by this subpart in the following practices:

(i) On friction equipment, whenever moving a boom off a support, first raise the boom a short distance (sufficient
to take the load of the boom) to determine if the boom hoist brake needs to be adjusted. On other types of
equipment with a boom, the same practice is applicable, except that typically there is no means of adjusting the
brake; if the brake does not hold, a repair is necessary. See §1926.1417(f) and (j) for additional requirements.

(ii) Where available, the manufacturer's emergency procedures for halting unintended equipment movement.

(d) Competent persons and qualified persons. The employer must train each competent person and each
qualified person regarding the requirements of this subpart applicable to their respective roles.

(e) Crush/pinch points. The employer must train each employee who works with the equipment to keep clear of
holes, and crush/pinch points and the hazards addressed in §1926.1424 (Work area control).

(f) Tag-out. The employer must train each operator and each additional employee authorized to start/energize
equipment or operate equipment controls (such as maintenance and repair employees), in the tag-out and start-up
procedures in §§1926.1417(f) and (g).

(g) Training administration. (1) The employer must evaluate each employee required to be trained under this
subpart to confirm that the employee understands the information provided in the training.

(2) The employer must provide refresher training in relevant topics for each employee when, based on the
conduct of the employee or an evaluation of the employee's knowledge, there is an indication that retraining is
necessary.

(3) Whenever training is required under subpart CC, the employer must provide the training at no cost to the
employee.

[75 FR 48135, Aug. 9, 2010, as amended at 83 FR 56247, Nov. 9, 2018]

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§1926.1431   Hoisting personnel.

The requirements of this section are supplemental to the other requirements in this subpart and apply when
one or more employees are hoisted.

(a) The use of equipment to hoist employees is prohibited except where the employer demonstrates that the
erection, use, and dismantling of conventional means of reaching the work area, such as a personnel hoist, ladder,
stairway, aerial lift, elevating work platform, or scaffold, would be more hazardous, or is not possible because of the
project's structural design or worksite conditions. This paragraph does not apply to work covered by subpart R (Steel
Erection) of this part and also does not apply to routine personnel access to an underground worksite via shaft as
covered by §1926.800 (Underground Construction) of this part.

(b) Use of personnel platform. (1) When using equipment to hoist employees, the employees must be in a
personnel platform that meets the requirements of paragraph (e) of this section.

(2) Exceptions: A personnel platform is not required for hoisting employees:

(i) Into and out of drill shafts that are up to and including 8 feet in diameter (see paragraph (o) of this section for
requirements for hoisting these employees).

(ii) In pile driving operations (see paragraph (p) of this section for requirements for hoisting these employees).

(iii) Solely for transfer to or from a marine worksite in a marine-hoisted personnel transfer device (see paragraph
(r) of this section for requirements for hoisting these employees).

(iv) In storage-tank (steel or concrete), shaft and chimney operations (see paragraph (s) of this section for
requirements for hoisting these employees).

(c) Equipment set-up. (1) The equipment must be uniformly level, within one percent of level grade, and located
on footing that a qualified person has determined to be sufficiently firm and stable.

(2) Equipment with outriggers or stabilizers must have them all extended and locked. The amount of extension

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must be the same for all outriggers and stabilizers and in accordance with manufacturer procedures and load charts.

(d) Equipment criteria—(1) Capacity: Use of suspended personnel platforms. The total load (with the platform
loaded, including the hook, load line and rigging) must not exceed 50 percent of the rated capacity for the radius and
configuration of the equipment, except during proof testing.

(2) Capacity: Use of boom-attached personnel platforms. The total weight of the loaded personnel platform must
not exceed 50 percent of the rated capacity for the radius and configuration of the equipment (except during proof
testing).

(3) Capacity: Hoisting personnel without a personnel platform. When hoisting personnel without a personnel
platform pursuant to paragraph (b)(2) of this section, the total load (including the hook, load line, rigging and any
other equipment that imposes a load) must not exceed 50 percent of the rated capacity for the radius and
configuration of the equipment, except during proof testing.

(4) When the occupied personnel platform is in a stationary working position, the load and boom hoist brakes,
swing brakes, and operator actuated secondary braking and locking features (such as pawls or dogs) or automatic
secondary brakes must be engaged.

(5) Devices. (i) Equipment (except for derricks and articulating cranes) with a variable angle boom must be
equipped with all of the following:

(A) A boom angle indicator, readily visible to the operator, and

(B) A boom hoist limiting device.

(ii) Articulating cranes must be equipped with a properly functioning automatic overload protection device.

(iii) Equipment with a luffing jib must be equipped with:

(A) A jib angle indicator, readily visible to the operator, and.

(B) A jib hoist limiting device.

(iv) Equipment with telescoping booms must be equipped with a device to indicate the boom's extended length
clearly to the operator, or must have measuring marks on the boom.

(v) Anti two-block. A device which automatically prevents damage and load failure from contact between the load
block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component) must be
used. The device(s) must prevent such damage/failure at all points where two-blocking could occur. Exception: This
device is not required when hoisting personnel in pile driving operations. Instead, paragraph (p)(2) of this section
specifies how to prevent two-blocking during such operations.

(vi) Controlled load lowering. The load line hoist drum must have a system, other than the load line hoist brake,
which regulates the lowering rate of speed of the hoist mechanism. This system or device must be used when
hoisting personnel.

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

(vii) Proper operation required. Personnel hoisting operations must not begin unless the devices listed in this
section are in proper working order. If a device stops working properly during such operations, the operator must
safely stop operations. Personnel hoisting operations must not resume until the device is again working properly.
Alternative measures are not permitted. (See §1926.1417 for tag-out and related requirements.)

(6) Direct attachment of a personnel platform to a luffing jib is prohibited.

(e) Personnel platform criteria. (1) A qualified person familiar with structural design must design the personnel
platform and attachment/suspension system used for hoisting personnel.

(2) The system used to connect the personnel platform to the equipment must allow the platform to remain
within 10 degrees of level, regardless of boom angle.

(3) The suspension system must be designed to minimize tipping of the platform due to movement of employees
occupying the platform.

(4) The personnel platform itself (excluding the guardrail system and personal fall arrest system anchorages),
must be capable of supporting, without failure, its own weight and at least five times the maximum intended load.

(5) All welding of the personnel platform and its components must be performed by a certified welder familiar
with the weld grades, types and material specified in the platform design.

(6) The personnel platform must be equipped with a guardrail system which meets the requirements of subpart
M of this part, and must be enclosed at least from the toeboard to mid-rail with either solid construction material or
expanded metal having openings no greater than 1⁄2 inch (1.27 cm). Points to which personal fall arrest systems are
attached must meet the anchorage requirements in subpart M of this part.

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(7) A grab rail must be installed inside the entire perimeter of the personnel platform except for access
gates/doors.

(8) Access gates/doors. If installed, access gates/doors of all types (including swinging, sliding, folding, or other
types) must:

(i) Not swing outward. If due to the size of the personnel platform, such as a 1-person platform, it is infeasible for
the door to swing inward and allow safe entry for the platform occupant, then the access gate/door may swing
outward.

(ii) Be equipped with a device that prevents accidental opening.

(9) Headroom must be sufficient to allow employees to stand upright in the platform.

(10) In addition to the use of hard hats, employees must be protected by overhead protection on the personnel
platform when employees are exposed to falling objects. The platform overhead protection must not obscure the
view of the operator or platform occupants (such as wire mesh that has up to 1⁄2 inch openings), unless full protection
is necessary.

(11) All edges exposed to employee contact must be smooth enough to prevent injury.

(12) The weight of the platform and its rated capacity must be conspicuously posted on the platform with a plate
or other permanent marking.

(f) Personnel platform loading. (1) The personnel platform must not be loaded in excess of its rated capacity.

(2) Use. (i) Personnel platforms must be used only for employees, their tools, and the materials necessary to do
their work. Platforms must not be used to hoist materials or tools when not hoisting personnel.

(ii) Exception: Materials and tools to be used during the lift, if secured and distributed in accordance with
paragraph (f)(3) of this section may be in the platform for trial lifts.

(3) Materials and tools must be:

(i) Secured to prevent displacement.

(ii) Evenly distributed within the confines of the platform while it is suspended.

(4) The number of employees occupying the personnel platform must not exceed the maximum number the
platform was designed to hold or the number required to perform the work, whichever is less.

(g) Attachment and rigging—(1) Hooks and other detachable devices. (i) Hooks used in the connection between
the hoist line and the personnel platform (including hooks on overhaul ball assemblies, lower load blocks, bridle legs,
or other attachment assemblies or components) must be:

(A) Of a type that can be closed and locked, eliminating the throat opening.

(B) Closed and locked when attached.

(ii) Shackles used in place of hooks must be of the alloy anchor type, with either:

(A) A bolt, nut and retaining pin, in place; or

(B) Of the screw type, with the screw pin secured from accidental removal.

(iii) Where other detachable devices are used, they must be of the type that can be closed and locked to the
same extent as the devices addressed in paragraphs (g)(1)(i) and (ii) of this section. Such devices must be closed and
locked when attached.

(2) Rope bridle. When a rope bridle is used to suspend the personnel platform, each bridle leg must be
connected to a master link or shackle (see paragraph (g)(1) of this section) in a manner that ensures that the load is
evenly divided among the bridle legs.

(3) Rigging hardware (including wire rope, shackles, rings, master links, and other rigging hardware) and hooks
must be capable of supporting, without failure, at least five times the maximum intended load applied or transmitted
to that component. Where rotation resistant rope is used, the slings must be capable of supporting without failure at
least ten times the maximum intended load.

(4) Eyes in wire rope slings must be fabricated with thimbles.

(5) Bridles and associated rigging for suspending the personnel platform must be used only for the platform and
the necessary employees, their tools and materials necessary to do their work. The bridles and associated rigging
must not have been used for any purpose other than hoisting personnel.

(h) Trial lift and inspection. (1) A trial lift with the unoccupied personnel platform loaded at least to the

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anticipated liftweight must be made from ground level, or any other location where employees will enter the
platform, to each location at which the platform is to be hoisted and positioned. Where there is more than one
location to be reached from a single set-up position, either individual trial lifts for each location, or a single trial lift, in
which the platform is moved sequentially to each location, must be performed; the method selected must be the
same as the method that will be used to hoist the personnel.

(2) The trial lift must be performed immediately prior to each shift in which personnel will be hoisted. In addition,
the trial lift must be repeated prior to hoisting employees in each of the following circumstances:

(i) The equipment is moved and set up in a new location or returned to a previously used location.

(ii) The lift route is changed, unless the competent person determines that the new route presents no new
factors affecting safety.

(3) The competent person must determine that:

(i) Safety devices and operational aids required by this section are activated and functioning properly. Other
safety devices and operational aids must meet the requirements of §1926.1415 and §1926.1416.

(ii) Nothing interferes with the equipment or the personnel platform in the course of the trial lift.

(iii) The lift will not exceed 50 percent of the equipment's rated capacity at any time during the lift.

(iv) The load radius to be used during the lift has been accurately determined.

(4) Immediately after the trial lift, the competent person must:

(i) Conduct a visual inspection of the equipment, base support or ground, and personnel platform, to determine
whether the trial lift has exposed any defect or problem or produced any adverse effect.

(ii) Confirm that, upon the completion of the trial lift process, the test weight has been removed.

(5) Immediately prior to each lift:

(i) The platform must be hoisted a few inches with the personnel and materials/tools on board and inspected by
a competent person to ensure that it is secure and properly balanced.

(ii) The following conditions must be determined by a competent person to exist before the lift of personnel
proceeds:

(A) Hoist ropes must be free of deficiencies in accordance with §1926.1413(a).

(B) Multiple part lines must not be twisted around each other.

(C) The primary attachment must be centered over the platform.

(D) If the load rope is slack, the hoisting system must be inspected to ensure that all ropes are properly seated
on drums and in sheaves.

(6) Any condition found during the trial lift and subsequent inspection(s) that fails to meet a requirement of this
standard or otherwise creates a safety hazard must be corrected before hoisting personnel. (See §1926.1417 for tag-
out and related requirements.)

(i) [Reserved]

(j) Proof testing. (1) At each jobsite, prior to hoisting employees on the personnel platform, and after any repair
or modification, the platform and rigging must be proof tested to 125 percent of the platform's rated capacity. The
proof test may be done concurrently with the trial lift.

(2) The platform must be lowered by controlled load lowering, braked, and held in a suspended position for a
minimum of five minutes with the test load evenly distributed on the platform.

(3) After proof testing, a competent person must inspect the platform and rigging to determine if the test has
been passed. If any deficiencies are found that pose a safety hazard, the platform and rigging must not be used to
hoist personnel unless the deficiencies are corrected, the test is repeated, and a competent person determines that
the test has been passed. (See §1926.1417 for tag-out and related requirements.)

(4) Personnel hoisting must not be conducted until the competent person determines that the platform and
rigging have successfully passed the proof test.

(k) Work practices. (1) Hoisting of the personnel platform must be performed in a slow, controlled, cautious
manner, with no sudden movements of the equipment or the platform.

(2) Platform occupants must:

(i) Keep all parts of the body inside the platform during raising, lowering, and horizontal movement. This

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provision does not apply to an occupant of the platform when necessary to position the platform or while performing
the duties of a signal person.

(ii) Not stand, sit on, or work from the top or intermediate rail or toeboard, or use any other means/device to
raise their working height.

(iii) Not pull the platform out of plumb in relation to the hoisting equipment.

(3) Before employees exit or enter a hoisted personnel platform that is not landed, the platform must be
secured to the structure where the work is to be performed, unless the employer can demonstrate that securing to
the structure would create a greater hazard.

(4) If the platform is tied to the structure, the operator must not move the platform until the operator receives
confirmation that it is freely suspended.

(5) Tag lines must be used when necessary to control the platform.

(6) Platforms without controls. Where the platform is not equipped with controls, the equipment operator must
remain at the equipment controls, on site, and in view of the equipment, at all times while the platform is occupied.

(7) Platforms with controls. Where the platform is equipped with controls, all of the following must be met at all
times while the platform is occupied:

(i) The occupant using the controls in the platform must be a qualified person with respect to their use, including
the safe limitations of the equipment and hazards associated with its operation.

(ii) The equipment operator must be at a set of equipment controls that include boom and swing functions of
the equipment, and must be on site and in view of the equipment.

(iii) The platform operating manual must be in the platform or on the equipment.

(8) Environmental conditions—(i) Wind. When wind speed (sustained or gusts) exceeds 20 mph at the personnel
platform, a qualified person must determine if, in light of the wind conditions, it is not safe to lift personnel. If it is not,
the lifting operation must not begin (or, if already in progress, must be terminated).

(ii) Other weather and environmental conditions. A qualified person must determine if, in light of indications of
dangerous weather conditions, or other impending or existing danger, it is not safe to lift personnel. If it is not, the
lifting operation must not begin (or, if already in progress, must be terminated).

(9) Employees being hoisted must remain in direct communication with the signal person (where used), or the
operator.

(10) Fall protection. (i) Except over water, employees occupying the personnel platform must be provided and
use a personal fall arrest system. The system must be attached to a structural member within the personnel
platform. When working over or near water, the requirements of §1926.106 apply.

(ii) The fall arrest system, including the attachment point (anchorage) used to comply with paragraph (i) of this
section, must meet the requirements in §1926.502.

(11) Other load lines. (i) No lifts must be made on any other of the equipment's load lines while personnel are
being hoisted, except in pile driving operations.

(ii) Factory-produced boom-mounted personnel platforms that incorporate a winch as original equipment. Loads
are permitted to be hoisted by such a winch while employees occupy the personnel platform only where the load on
the winch line does not exceed 500 pounds and does not exceed the rated capacity of the winch and platform.

(12) Traveling—equipment other than derricks. (i) Hoisting of employees while the equipment is traveling is
prohibited, except for:

(A) Equipment that travels on fixed rails; or

(B) Where the employer demonstrates that there is no less hazardous way to perform the work.

(C) This exception does not apply to rubber-tired equipment.

(ii) Where employees are hoisted while the equipment is traveling, all of the following criteria must be met:

(A) Equipment travel must be restricted to a fixed track or runway.

(B) Where a runway is used, it must be a firm, level surface designed, prepared and designated as a path of travel
for the weight and configuration of the equipment being used to lift and travel with the personnel platform. An
existing surface may be used as long as it meets these criteria.

(C) Equipment travel must be limited to boom length.

(D) The boom must be parallel to the direction of travel, except where it is safer to do otherwise.

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(E) A complete trial run must be performed to test the route of travel before employees are allowed to occupy
the platform. This trial run can be performed at the same time as the trial lift required by paragraph (h) of this section
which tests the lift route.

(13) Traveling—derricks. Derricks are prohibited from traveling while personnel are hoisted.

(l) [Reserved]

(m) Pre-lift meeting. A pre-lift meeting must be:

(1) Held to review the applicable requirements of this section and the procedures that will be followed.

(2) Attended by the equipment operator, signal person (if used for the lift), employees to be hoisted, and the
person responsible for the task to be performed.

(3) Held prior to the trial lift at each new work location, and must be repeated for any employees newly assigned
to the operation.

(n) Hoisting personnel near power lines. Hoisting personnel within 20 feet of a power line that is up to 350 kV,
and hoisting personnel within 50 feet of a power line that is over 350 kV, is prohibited, except for work covered by
subpart V of this part (Power Transmission and Distribution).

(o) Hoisting personnel in drill shafts. When hoisting employees into and out of drill shafts that are up to and
including 8 feet in diameter, all of the following requirements must be met:

(1) The employee must be in either a personnel platform or on a boatswain's chair.

(2) If using a personnel platform, paragraphs (a) through (n) of this section apply.

(3) If using a boatswain's chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i),
(g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswain's chair.”

(ii) A signal person must be stationed at the shaft opening.

(iii) The employee must be hoisted in a slow, controlled descent and ascent.

(iv) The employee must use personal fall protection equipment, including a full body harness, attached
independent of the crane/derrick.

(v) The fall protection equipment must meet the applicable requirements in §1926.502.

(vi) The boatswain's chair itself (excluding the personal fall arrest system anchorages), must be capable of
supporting, without failure, its own weight and at least five times the maximum intended load.

(vii) No more than one person must be hoisted at a time.

(p) Hoisting personnel for pile driving operations. When hoisting an employee in pile driving operations, the
following requirements must be met:

(1) The employee must be in a personnel platform or boatswain's chair.

(2) For lattice boom cranes: Clearly mark the cable (so that it can easily be seen by the operator) at a point that
will give the operator sufficient time to stop the hoist to prevent two-blocking, or use a spotter who is in direct
communication with the operator to inform the operator when this point is reached. For telescopic boom cranes:
Clearly mark the cable (so that it can be easily seen by the operator) at a point that will give the operator sufficient
time to stop the hoist to prevent two-blocking, and use a spotter who is in direct communication with the operator to
inform the operator when this point is reached.

(3) If using a personnel platform, paragraphs (b) through (n) of this section apply.

(4) If using a boatswain's chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i),
(g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), and (n). Where the terms “personnel platform” or “platform” are used
in these paragraphs, substitute them with “boatswains chair.”

(ii) The employee must be hoisted in a slow, controlled descent and ascent.

(iii) The employee must use personal fall protection equipment, including a full body harness, independently
attached to the lower load block or overhaul ball.

(iv) The fall protection equipment must meet the applicable requirements in §1926.502.

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(v) The boatswain's chair itself (excluding the personal fall arrest system anchorages), must be capable of
supporting, without failure, its own weight and at least five times the maximum intended load.

(vi) No more than one person must be hoisted at a time.

(q) [Reserved]

(r) Hoisting personnel for marine transfer. When hoisting employees solely for transfer to or from a marine
worksite, the following requirements must be met:

(1) The employee must be in either a personnel platform or a marine-hoisted personnel transfer device.

(2) If using a personnel platform, paragraphs (a) through (n) of this section apply.

(3) If using a marine-hoisted personnel transfer device:

(i) The following paragraphs of this section apply: (a), (c)(2), (d)(1), (d)(3), (d)(4), (e)(1) through (5), (e)(12), (f)(1), (g),
(h), (j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (k)(11)(i), (k)(12), (m), and (n). Where the terms “personnel platform” or “platform” are
used in these paragraphs, substitute them with “marine-hoisted personnel transfer device.”

(ii) The transfer device must be used only for transferring workers.

(iii) The number of workers occupying the transfer device must not exceed the maximum number it was
designed to hold.

(iv) Each employee must wear a U.S. Coast Guard personal flotation device approved for industrial use.

(s) Hoisting personnel for storage-tank (steel or concrete), shaft and chimney operations. When hoisting an
employee in storage tank (steel or concrete), shaft and chimney operations, the following requirements must be met:

(1) The employee must be in a personnel platform except when the employer can demonstrate that use of a
personnel platform is infeasible; in such a case, a boatswain's chair must be used.

(2) If using a personnel platform, paragraphs (a) through (n) of this section apply.

(3) If using a boatswain's chair:

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i),
(g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswains chair.”

(ii) The employee must be hoisted in a slow, controlled descent and ascent.

(iii) The employee must use personal fall protection equipment, including a full body harness, attached
independent of the crane/derrick. When there is no adequate structure for attachment of personal fall arrest
equipment as required in §1926.502(d)(15), the attachment must be to the lower load block or overhaul ball.

(iv) The fall protection equipment must meet the applicable requirements in §1926.502.

(v) The boatswain's chair itself (excluding the personal fall arrest system anchorages), must be capable of
supporting, without failure, its own weight and at least five times the maximum intended load.

(vi) No more than one person must be hoisted at a time.

[5 FR 48135, Aug. 9, 2010, as amended at 85 FR 8746, Feb. 18, 2020]

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§1926.1432   Multiple-crane/derrick lifts—supplemental requirements.

(a) Plan development. Before beginning a crane/derrick operation in which more than one crane/derrick will be
supporting the load, the operation must be planned. The planning must meet the following requirements:

(1) The plan must be developed by a qualified person.

(2) The plan must be designed to ensure that the requirements of this subpart are met.

(3) Where the qualified person determines that engineering expertise is needed for the planning, the employer
must ensure that it is provided.

(b) Plan implementation. (1) The multiple-crane/derrick lift must be directed by a person who meets the criteria
for both a competent person and a qualified person, or by a competent person who is assisted by one or more
qualified persons (lift director).

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

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§1926.1433   Design, construction and testing.

The following requirements apply to equipment that has a manufacturer-rated hoisting/lifting capacity of more
than 2,000 pounds.

(a) Crawler, truck and locomotive cranes manufactured prior to November 8, 2010 must meet the applicable
requirements for design, construction, and testing as prescribed in ANSI B30.5-1968 (incorporated by reference, see
§1926.6), PCSA Std. No. 2 (1968) (incorporated by reference, see §1926.6), the requirements in paragraph (b) of this
section, or the applicable DIN standards that were in effect at the time of manufacture.

(b) Mobile (including crawler and truck) and locomotive cranes manufactured on or after November 8, 2010 must
meet the following portions of ASME B30.5-2004 (incorporated by reference, see §1926.6) as applicable:

(1) In section 5-1.1.1 (“Load Ratings—Where Stability Governs Lifting Performance”), paragraphs (a)-(d) (including
subparagraphs).

(2) In section 5-1.1.2 (“Load Ratings—Where Structural Competence Governs Lifting Performance”), paragraph
(b).

(3) Section 5-1.2 (“Stability (Backward and Forward)”).

(4) In section 5-1.3.1 (“Boom Hoist Mechanism”), paragraphs (a), (b)(1) and (b)(2), except that when using rotation
resistant rope, §1926.1414(c)(4)(ii)(A) applies.

(5) In section 5-1.3.2 (“Load Hoist Mechanism”), paragraphs (a)(2) through (a)(4) (including subparagraphs), (b)
(including subparagraphs), (c) (first sentence only) and (d).

(6) Section 5-1.3.3 (“Telescoping Boom”).

(7) Section 5-1.4 (“Swing Mechanism”).

(8) In section 5-1.5 (“Crane Travel”), all provisions except 5-1.5.3(d).

(9) In section 5-1.6 (“Controls”), all provisions except 5-1.6.1 (c).

(10) Section 5-1.7.4 (“Sheaves”).

(11) Section 5-1.7.5 (“Sheave sizes”).

(12) In section 5-1.9.1 (“Booms”), paragraph (f).

(13) Section 5-1.9.3 (“Outriggers”).

(14) Section 5-1.9.4 (“Locomotive Crane Equipment”).

(15) Section 5-1.9.7 (“Clutch and Brake Protection”).

(16) In section 5-1.9.11 (“Miscellaneous equipment”), paragraphs (a), (c), (e), and (f).

(c) Prototype testing: mobile (including crawler and truck) and locomotive cranes manufactured on or after
November 8, 2010 must meet the prototype testing requirements in Test Option A or Test Option B of this section.
Tower cranes manufactured on or after November 8, 2010 must meet the prototype testing requirements in BS EN
14439:2006 (incorporated by reference, see §1926.6).

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

(1) Test Option A. (i) The following applies to equipment with cantilevered booms (such as hydraulic boom
cranes): All the tests listed in SAE J1063 (Nov. 1993) Table 1 (incorporated by reference, see §1926.6) must be
performed to load all critical structural elements to their respective limits. All the strength margins listed in SAE J1063
(Nov. 1993) Table 2 (incorporated by reference, see §1926.6) must be met.

(ii) The following applies to equipment with pendant supported lattice booms: All the tests listed in SAE J987 (Jun.
2003) Table 1 (incorporated by reference, see §1926.6) must be performed to load all critical structural elements to
their respective limits. All the strength margins listed in SAE J987 (Jun. 2003) Table 2 (incorporated by reference, see
§1926.6) must be met.

(2) Test Option B. The testing and verification requirements of BS EN 13000:2004 (incorporated by reference, see
§1926.6) must be met. In applying BS EN 13000:2004, the following additional requirements must be met:

(i) The following applies to equipment with cantilevered booms (such as hydraulic boom cranes): The analysis
methodology (computer modeling) must demonstrate that all load cases listed in SAE J1063 (Nov. 1993)
(incorporated by reference, see §1926.6) meet the strength margins listed in SAE J1063 (Nov. 1993) Table 2.

(ii) The following applies to equipment with pendant supported lattice booms: The analysis methodology
(computer modeling) must demonstrate that all load cases listed in SAE J987 (Jun. 2003) (incorporated by reference,

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see §1926.6) meet the strength margins listed in SAE J987 (Jun. 2003) Table 2.

(iii) Analysis verification. The physical testing requirements under SAE J1063 (Nov. 1993) (incorporated by
reference, see §1926.6) and SAE J987 (Jun. 2003) (incorporated by reference, see §1926.6) must be met unless the
reliability of the analysis methodology (computer modeling) has been demonstrated by a documented history of
verification through strain gauge measuring or strain gauge measuring in combination with other physical testing.

(d) All equipment covered by this subpart must meet the following requirements:

(1) Rated capacity and related information. The information available in the cab (see §1926.1417(c)) regarding
“rated capacity” and related information must include, at a minimum, the following information:

(i) A complete range of the manufacturer's equipment rated capacities, as follows:

(A) At all manufacturer approved operating radii, boom angles, work areas, boom lengths and configurations, jib
lengths and angles (or offset).

(B) Alternate ratings for use and nonuse of option equipment which affects rated capacities, such as outriggers,
stabilizers, and extra counterweights.

(ii) A work area chart for which capacities are listed in the load chart. (Note: An example of this type of chart is in
ASME B30.5-2004, section 5-1.1.3, Figure 11).

(iii) The work area figure and load chart must clearly indicate the areas where no load is to be handled.

(iv) Recommended reeving for the hoist lines must be shown.

(v) Recommended parts of hoist reeving, size, and type of wire rope for various equipment loads.

(vi) Recommended boom hoist reeving diagram, where applicable; size, type and length of wire rope.

(vii) Tire pressure (where applicable).

(viii) Caution or warnings relative to limitations on equipment and operating procedures, including an indication
of the least stable direction.

(ix) Position of the gantry and requirements for intermediate boom suspension (where applicable).

(x) Instructions for boom erection and conditions under which the boom, or boom and jib combinations, may be
raised or lowered.

(xi) Whether the hoist holding mechanism is automatically or manually controlled, whether free fall is available, or
any combination of these.

(xii) The maximum telescopic travel length of each boom telescopic section.

(xiii) Whether sections are telescoped manually or with power.

(xiv) The sequence and procedure for extending and retracting the telescopic boom section.

(xv) Maximum loads permitted during the boom extending operation, and any limiting conditions or cautions.

(xvi) Hydraulic relief valve settings specified by the manufacturer.

(2) Load hooks (including latched and unlatched types), ball assemblies and load blocks must be of sufficient
weight to overhaul the line from the highest hook position for boom or boom and jib lengths and the number of
parts of the line in use.

(3) Hook and ball assemblies and load blocks must be marked with their rated capacity and weight.

(4) Latching hooks. (i) Hooks must be equipped with latches, except where the requirements of paragraph (d)(4)
(ii) of this section are met.

(ii) Hooks without latches, or with latches removed or disabled, must not be used unless:

(A) A qualified person has determined that it is safer to hoist and place the load without latches (or with the
latches removed/tied-back).

(B) Routes for the loads are pre-planned to ensure that no employee is required to work in the fall zone except
for employees necessary for the hooking or unhooking of the load.

(iii) The latch must close the throat opening and be designed to retain slings or other lifting devices/accessories
in the hook when the rigging apparatus is slack.

(5) Posted warnings. Posted warnings required by this subpart as well as those originally supplied with the
equipment by the manufacturer must be maintained in legible condition.

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(6) An accessible fire extinguisher must be on the equipment.

(7) Cabs. Equipment with cabs must meet the following requirements:

(i) Cabs must be designed with a form of adjustable ventilation and method for clearing the windshield for
maintaining visibility and air circulation. Examples of means for adjustable ventilation include air conditioner or
window that can be opened (for ventilation and air circulation); examples of means for maintaining visibility include
heater (for preventing windshield icing), defroster, fan, windshield wiper.

(ii) Cab doors (swinging, sliding) must be designed to prevent inadvertent opening or closing while traveling or
operating the machine. Swinging doors adjacent to the operator must open outward. Sliding operator doors must
open rearward.

(iii) Windows.

(A) The cab must have windows in front and on both sides of the operator. Forward vertical visibility must be
sufficient to give the operator a view of the boom point at all times.

(B) Windows may have sections designed to be opened or readily removed. Windows with sections designed to
be opened must be designed so that they can be secured to prevent inadvertent closure.

(C) Windows must be of safety glass or material with similar optical and safety properties, that introduce no
visible distortion or otherwise obscure visibility that interferes with the safe operation of the equipment.

(iv) A clear passageway must be provided from the operator's station to an exit door on the operator's side.

(v) Areas of the cab roof that serve as a workstation for rigging, maintenance or other equipment-related tasks
must be capable of supporting 250 pounds without permanent distortion.

(8) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, and other parts or components
that reciprocate, rotate or otherwise move must be guarded where contact by employees (except for maintenance
and repair employees) is possible in the performance of normal duties.

(9) All exhaust pipes, turbochargers, and charge air coolers must be insulated or guarded where contact by
employees (except for maintenance and repair employees) is possible in the performance of normal duties.

(10) Hydraulic and pneumatic lines must be protected from damage to the extent feasible.

(11) The equipment must be designed so that exhaust fumes are not discharged in the cab and are discharged
in a direction away from the operator.

(12) Friction mechanisms. Where friction mechanisms (such as brakes and clutches) are used to control the
boom hoist or load line hoist, they must be:

(i) Of a size and thermal capacity sufficient to control all rated loads with the minimum recommended reeving.

(ii) Adjustable to permit compensation for lining wear to maintain proper operation.

(13) Hydraulic load hoists. Hydraulic drums must have an integrally mounted holding device or internal static
brake to prevent load hoist movement in the event of hydraulic failure.

(e) The employer's obligations under paragraphs (a) through (c) and (d)(7) through (13) of this section are met
where the equipment has not changed (except in accordance with §1926.1434 (Equipment modifications)) and it can
refer to documentation from the manufacturer showing that the equipment has been designed, constructed and
tested in accordance with those paragraphs.

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§1926.1434   Equipment modifications.

(a) Modifications or additions which affect the capacity or safe operation of the equipment are prohibited except
where the requirements of paragraphs (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section are met.

(1) Manufacturer review and approval. (i) The manufacturer approves the modifications/additions in writing.

(ii) The load charts, procedures, instruction manuals and instruction plates/tags/decals are modified as necessary
to accord with the modification/addition.

(iii) The original safety factor of the equipment is not reduced.

(2) Manufacturer refusal to review request. The manufacturer is provided a detailed description of the proposed
modification/addition, is asked to approve the modification/addition, but it declines to review the technical merits of
the proposal or fails, within 30 days, to acknowledge the request or initiate the review, and all of the following are
met:

(i) A registered professional engineer who is a qualified person with respect to the equipment involved:

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(A) Approves the modification/addition and specifies the equipment configurations to which that approval
applies, and

(B) Modifies load charts, procedures, instruction manuals and instruction plates/tags/decals as necessary to
accord with the modification/addition.

(ii) The original safety factor of the equipment is not reduced.

(3) Unavailable manufacturer. The manufacturer is unavailable and the requirements of paragraphs (a)(2)(i) and
(ii) of this section are met.

(4) Manufacturer does not complete the review within 120 days of the request. The manufacturer is provided a
detailed description of the proposed modification/addition, is asked to approve the modification/addition, agrees to
review the technical merits of the proposal, but fails to complete the review of the proposal within 120 days of the
date it was provided the detailed description of the proposed modification/addition, and the requirements of
paragraphs (a)(2)(i) and (ii) of this section are met.

(5) Multiple manufacturers of equipment designed for use on marine work sites. The equipment is designed for
marine work sites, contains major structural components from more than one manufacturer, and the requirements
of paragraphs (a)(2)(i) and (ii) of this section are met.

(b) Modifications or additions which affect the capacity or safe operation of the equipment are prohibited where
the manufacturer, after a review of the technical safety merits of the proposed modification/addition, rejects the
proposal and explains the reasons for the rejection in a written response. If the manufacturer rejects the proposal
but does not explain the reasons for the rejection in writing, the employer may treat this as a manufacturer refusal to
review the request under paragraph (a)(2) of this section.

(c) The provisions in paragraphs (a) and (b) of this section do not apply to modifications made or approved by the
U.S. military.

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§1926.1435   Tower cranes.

(a) This section contains supplemental requirements for tower cranes; all sections of this subpart apply to tower
cranes unless specified otherwise.

(b) Erecting, climbing and dismantling. (1) Section 1926.1403 (Assembly/Disassembly—selection of manufacturer
or employer procedures), §1926.1404 (Assembly/Disassembly—general requirements (applies to all assembly and
disassembly operations)), §1926.1405 (Disassembly—additional requirements for dismantling of booms and jibs
(applies to both the use of manufacturer procedures and employer procedures)), and §1926.1406
(Assembly/Disassembly—employer procedures—general requirements), apply to tower cranes (except as otherwise
specified), except that the term “assembly/disassembly” is replaced by “erecting, climbing and dismantling,” and the
term “disassembly” is replaced by “dismantling.”

(2) Dangerous areas (self-erecting tower cranes). In addition to the requirements in §1926.1404(e), for self-
erecting tower cranes, the following applies: Employees must not be in or under the tower, jib, or rotating portion of
the crane during erecting, climbing and dismantling operations until the crane is secured in a locked position and the
competent person in charge indicates it is safe to enter this area, unless the manufacturer's instructions direct
otherwise and only the necessary personnel are permitted in this area.

(3) Foundations and structural supports. Tower crane foundations and structural supports (including both the
portions of the structure used for support and the means of attachment) must be designed by the manufacturer or a
registered professional engineer.

(4) Addressing specific hazards. The requirements in §1926.1404(h)(1) through (9) apply. In addition, the A/D
director must address the following:

(i) Foundations and structural supports. The A/D director must determine that tower crane foundations and
structural supports are installed in accordance with their design.

(ii) Loss of backward stability. Backward stability before swinging self erecting cranes or cranes on traveling or
static undercarriages.

(iii) Wind speed. Wind must not exceed the speed recommended by the manufacturer or, where manufacturer
does not specify this information, the speed determined by a qualified person.

(5) Plumb tolerance. Towers must be erected plumb to the manufacturer's tolerance and verified by a qualified
person. Where the manufacturer does not specify plumb tolerance, the crane tower must be plumb to a tolerance of
at least 1:500 (approximately 1 inch in 40 feet).

(6) Multiple tower crane jobsites. On jobsites where more than one fixed jib (hammerhead) tower crane is
installed, the cranes must be located such that no crane can come in contact with the structure of another crane.
Cranes are permitted to pass over one another.

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(7) Climbing procedures. Prior to, and during, all climbing procedures (including inside climbing and top
climbing), the employer must:

(i) Comply with all manufacturer prohibitions.

(ii) Have a registered professional engineer verify that the host structure is strong enough to sustain the forces
imposed through the braces, brace anchorages and supporting floors.

(8) Counterweight/ballast. (i) Equipment must not be erected, dismantled or operated without the amount and
position of counterweight and/or ballast in place as specified by the manufacturer or a registered professional
engineer familiar with the equipment.

(ii) The maximum counterweight and/or ballast specified by the manufacturer or registered professional
engineer familiar with the equipment must not be exceeded.

(c) Signs. The size and location of signs installed on tower cranes must be in accordance with manufacturer
specifications. Where these are unavailable, a registered professional engineer familiar with the type of equipment
involved must approve in writing the size and location of any signs.

(d) Safety devices. (1) Section 1926.1415 does not apply to tower cranes.

(2) The following safety devices are required on all tower cranes unless otherwise specified:

(i) Boom stops on luffing boom type tower cranes.

(ii) Jib stops on luffing boom type tower cranes if equipped with a jib attachment.

(iii) Travel rail end stops at both ends of travel rail.

(iv) Travel rail clamps on all travel bogies.

(v) Integrally mounted check valves on all load supporting hydraulic cylinders.

(vi) Hydraulic system pressure limiting device.

(vii) The following brakes, which must automatically set in the event of pressure loss or power failure, are
required:

(A) A hoist brake on all hoists.

(B) Swing brake.

(C) Trolley brake.

(D) Rail travel brake.

(viii) Deadman control or forced neutral return control (hand) levers.

(ix) Emergency stop switch at the operator's station.

(x) Trolley end stops must be provided at both ends of travel of the trolley.

(3) Proper operation required. Operations must not begin unless the devices listed in this section are in proper
working order. If a device stops working properly during operations, the operator must safely stop operations. The
equipment must be taken out of service, and operations must not resume until the device is again working properly.
See §1926.1417(f). Alternative measures are not permitted to be used.

(e) Operational aids. (1) Section 1926.1416 does not apply to tower cranes.

(2) The devices listed in this section (“operational aids”) are required on all tower cranes covered by this subpart,
unless otherwise specified.

(3) Operations must not begin unless the operational aids are in proper working order, except where the
employer meets the specified temporary alternative measures. More protective alternative measures specified by the
tower crane manufacturer, if any, must be followed. See §1926.1417(j) for additional requirements.

(4) If an operational aid stops working properly during operations, the operator must safely stop operations until
the temporary alternative measures are implemented or the device is again working properly. If a replacement part is
no longer available, the use of a substitute device that performs the same type of function is permitted and is not
considered a modification under §1926.1434.

(5) Category I operational aids and alternative measures. Operational aids listed in this paragraph that are not
working properly must be repaired no later than 7 calendar days after the deficiency occurs. Exception: If the
employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts.

(i) Trolley travel limiting device. The travel of the trolley must be restricted at both ends of the jib by a trolley

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travel limiting device to prevent the trolley from running into the trolley end stops. Temporary alternative measures:

(A) Option A. The trolley rope must be marked (so it can be seen by the operator) at a point that will give the
operator sufficient time to stop the trolley prior to the end stops.

(B) Option B. A spotter who is in direct communication with the operator must be used when operations are
conducted within 10 feet of the outer or inner trolley end stops.

(ii) Boom hoist limiting device. The range of the boom must be limited at the minimum and maximum radius.
Temporary alternative measures: Clearly mark the cable (so it can be seen by the operator) at a point that will give
the operator sufficient time to stop the boom hoist within the minimum and maximum boom radius, or use a spotter
who is in direct communication with the operator to inform the operator when this point is reached.

(iii) Anti two-blocking device. The tower crane must be equipped with a device which automatically prevents
damage from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper
block or similar component). The device(s) must prevent such damage at all points where two-blocking could occur.
Temporary alternative measures: Clearly mark the cable (so it can be seen by the operator) at a point that will give
the operator sufficient time to stop the hoist to prevent two-blocking, or use a spotter who is in direct
communication with the operator to inform the operator when this point is reached.

(iv) Hoist drum lower limiting device. Tower cranes manufactured after November 8, 2011 must be equipped
with a device that prevents the last 2 wraps of hoist cable from being spooled off the drum. Temporary alternative
measures: Mark the cable (so it can be seen by the operator) at a point that will give the operator sufficient time to
stop the hoist prior to last 2 wraps of hoist cable being spooled off the drum, or use a spotter who is in direct
communication with the operator to inform the operator when this point is reached

(v) Load moment limiting device. The tower crane must have a device that prevents moment overloading.
Temporary alternative measures: A radius indicating device must be used (if the tower crane is not equipped with a
radius indicating device, the radius must be measured to ensure the load is within the rated capacity of the crane). In
addition, the weight of the load must be determined from a source recognized by the industry (such as the load's
manufacturer), or by a calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight), or by other equally reliable means. This information must be
provided to the operator prior to the lift.

(vi) Hoist line pull limiting device. The capacity of the hoist must be limited to prevent overloading, including each
individual gear ratio if equipped with a multiple speed hoist transmission. Temporary alternative measures: The
operator must ensure that the weight of the load does not exceed the capacity of the hoist (including for each
individual gear ratio if equipped with a multiple speed hoist transmission).

(vii) Rail travel limiting device. The travel distance in each direction must be limited to prevent the travel bogies
from running into the end stops or buffers. Temporary alternative measures: A spotter who is in direct
communication with the operator must be used when operations are conducted within 10 feet of either end of the
travel rail end stops; the spotter must inform the operator of the distance of the travel bogies from the end stops or
buffers.

(viii) Boom hoist drum positive locking device and control. The boom hoist drum must be equipped with a
control that will enable the operator to positively lock the boom hoist drum from the cab. Temporary alternative
measures: The device must be manually set when required if an electric, hydraulic or automatic control is not
functioning.

(6) Category II operational aids and alternative measures. Operational aids listed in this paragraph that are not
working properly must be repaired no later than 30 calendar days after the deficiency occurs. Exception: If the
employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days, the repair must be
completed within 7 calendar days of receipt of the parts.

(i) Boom angle or hook radius indicator.

(A) Luffing boom tower cranes must have a boom angle indicator readable from the operator's station.

(B) Hammerhead tower cranes manufactured after November 8, 2011 must have a hook radius indicator
readable from the operator's station.

(C) Temporary alternative measures: Hook radii or boom angle must be determined by measuring the hook radii
or boom angle with a measuring device.

(ii) Trolley travel deceleration device. The trolley speed must be automatically reduced prior to the trolley
reaching the end limit in both directions. Temporary alternative measure: The employer must post a notice in the cab
of the crane notifying the operator that the trolley travel deceleration device is malfunctioning and instructing the
operator to take special care to reduce the trolley speed when approaching the trolley end limits.

(iii) Boom hoist deceleration device. The boom speed must be automatically reduced prior to the boom reaching
the minimum or maximum radius limit. Temporary alternative measure: The employer must post a notice in the cab
of the crane notifying the operator that the boom hoist deceleration device is malfunctioning and instructing the
operator to take special care to reduce the boom speed when approaching the minimum or maximum radius limits.

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(iv) Load hoist deceleration device. The load speed must be automatically reduced prior to the hoist reaching the
upper limit. Temporary alternative measure: The employer must post a notice in the cab of the crane notifying the
operator that the load hoist deceleration device is malfunctioning and instructing the operator to take special care to
reduce the load speed when approaching the upper limits.

(v) Wind speed indicator. A device must be provided to display the wind speed and must be mounted above the
upper rotating structure on tower cranes. On self erecting cranes, it must be mounted at or above the jib level.
Temporary alternative measures: Use of wind speed information from a properly functioning indicating device on
another tower crane on the same site, or a qualified person estimates the wind speed.

(vi) Load indicating device. Cranes manufactured after November 8, 2011 must have a device that displays the
magnitude of the load on the hook. Displays that are part of load moment limiting devices that display the load on
the hook meet this requirement. Temporary alternative measures: The weight of the load must be determined from a
source recognized by the industry (such as the load's manufacturer), or by a calculation method recognized by the
industry (such as calculating a steel beam from measured dimensions and a known per foot weight), or by other
equally reliable means. This information must be provided to the operator prior to the lift.

(f) Inspections. (1) Section 1926.1412 (Inspections) applies to tower cranes, except that the term “assembly” is
replaced by “erection.” Section 1926.1413 (Wire rope—inspection) applies to tower cranes.

(2) Pre-erection inspection. Before each crane component is erected, it must be inspected by a qualified person
for damage or excessive wear.

(i) The qualified person must pay particular attention to components that will be difficult to inspect thoroughly
during shift inspections.

(ii) If the qualified person determines that a component is damaged or worn to the extent that it would create a
safety hazard if used on the crane, that component must not be erected on the crane unless it is repaired and, upon
reinspection by the qualified person, found to no longer create a safety hazard.

(iii) If the qualified person determines that, though not presently a safety hazard, the component needs to be
monitored, the employer must ensure that the component is checked in the monthly inspections. Any such
determination must be documented, and the documentation must be available to any individual who conducts a
monthly inspection.

(3) Post-erection inspection. In addition to the requirements in §1926.1412(c), the following requirements must
be met:

(i) A load test using certified weights, or scaled weights using a certified scale with a current certificate of
calibration, must be conducted after each erection.

(ii) The load test must be conducted in accordance with the manufacturer's instructions when available. Where
these instructions are unavailable, the test must be conducted in accordance with written load test procedures
developed by a registered professional engineer familiar with the type of equipment involved.

(4) Monthly. The following additional items must be included:

(i) Tower (mast) bolts and other structural bolts (for loose or dislodged condition) from the base of the tower
crane up or, if the crane is tied to or braced by the structure, those above the upper-most brace support.

(ii) The upper-most tie-in, braces, floor supports and floor wedges where the tower crane is supported by the
structure, for loose or dislodged components.

(5) Annual. In addition to the items that must be inspected under §1926.1412(f), all turntable and tower bolts
must be inspected for proper condition and torque.

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§1926.1436   Derricks.

(a) This section contains supplemental requirements for derricks, whether temporarily or permanently mounted;
all sections of this subpart apply to derricks unless specified otherwise. A derrick is powered equipment consisting of
a mast or equivalent member that is held at or near the end by guys or braces, with or without a boom, and its
hoisting mechanism. The mast/equivalent member and/or the load is moved by the hoisting mechanism (typically
base-mounted) and operating ropes. Derricks include: A-frame, basket, breast, Chicago boom, gin pole (except gin
poles used for erection of communication towers), guy, shearleg, stiffleg, and variations of such equipment.

(b) Operation—procedures. (1) Section 1926.1417 (Operation) applies except for §1926.1417(c) (Accessibility of
procedures).

(2) Load chart contents. Load charts must contain at least the following information:

(i) Rated capacity at corresponding ranges of boom angle or operating radii.

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(ii) Specific lengths of components to which the rated capacities apply.

(iii) Required parts for hoist reeving.

(iv) Size and construction of rope must be included on the load chart or in the operating manual.

(3) Load chart location—(i) Permanent installations. For permanently installed derricks with fixed lengths of
boom, guy, and mast, a load chart must be posted where it is visible to personnel responsible for the operation of
the equipment.

(ii) Non-permanent installations. For derricks that are not permanently installed, the load chart must be readily
available at the job site to personnel responsible for the operation of the equipment.

(c) Construction—(1) General requirements. (i) Derricks must be constructed to meet all stresses imposed on
members and components when installed and operated in accordance with the manufacturer's/builder's procedures
and within its rated capacity.

(ii) Welding of load sustaining members must conform to recommended practices in ANSI/AWS D14.3-94
(incorporated by reference, see §1926.6) or AWS D1.1/D1.1M:2002 (incorporated by reference, see §1926.6).

(2) Guy derricks. (i) The minimum number of guys must be 6, with equal spacing, except where a qualified person
or derrick manufacturer approves variations from these requirements and revises the rated capacity to compensate
for such variations.

(ii) Guy derricks must not be used unless the employer has the following guy information from the manufacturer
or a qualified person, when not available from the manufacturer:

(A) The number of guys.

(B) The spacing around the mast.

(C) The size, grade, and construction of rope to be used for each guy.

(iii) For guy derricks manufactured after December 18, 1970, in addition to the information required in
paragraph (c)(2)(ii) of this section, the employer must have the following guy information from the manufacturer or a
qualified person, when not available from the manufacturer:

(A) The amount of initial sag or tension.

(B) The amount of tension in guy line rope at anchor.

(iv) The mast base must permit the mast to rotate freely with allowance for slight tilting of the mast caused by
guy slack.

(v) The mast cap must:

(A) Permit the mast to rotate freely.

(B) Withstand tilting and cramping caused by the guy loads.

(C) Be secured to the mast to prevent disengagement during erection.

(D) Be provided with means for attaching guy ropes.

(3) Stiffleg derricks. (i) The mast must be supported in the vertical position by at least two stifflegs; one end of
each must be connected to the top of the mast and the other end securely anchored.

(ii) The stifflegs must be capable of withstanding the loads imposed at any point of operation within the load
chart range.

(iii) The mast base must:

(A) Permit the mast to rotate freely (when necessary).

(B) Permit deflection of the mast without binding.

(iv) The mast must be prevented from lifting out of its socket when the mast is in tension.

(v) The stiffleg connecting member at the top of the mast must:

(A) Permit the mast to rotate freely (when necessary).

(B) Withstand the loads imposed by the action of the stifflegs.

(C) Be secured so as to oppose separating forces.

(4) Gin pole derricks. (i) Guy lines must be sized and spaced so as to make the gin pole stable in both boomed

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and vertical positions. Exception: Where the size and/or spacing of guy lines do not result in the gin pole being stable
in both boomed and vertical positions, the employer must ensure that the derrick is not used in an unstable position.

(ii) The base of the gin pole must permit movement of the pole (when necessary).

(iii) The gin pole must be anchored at the base against horizontal forces (when such forces are present).

(5) Chicago boom derricks. The fittings for stepping the boom and for attaching the topping lift must be arranged
to:

(i) Permit the derrick to swing at all permitted operating radii and mounting heights between fittings.

(ii) Accommodate attachment to the upright member of the host structure.

(iii) Withstand the forces applied when configured and operated in accordance with the manufacturer's/builder's
procedures and within its rated capacity.

(iv) Prevent the boom or topping lift from lifting out under tensile forces.

(d) Anchoring and guying. (1) Load anchoring data developed by the manufacturer or a qualified person must be
used.

(2) Guy derricks. (i) The mast base must be anchored.

(ii) The guys must be secured to the ground or other firm anchorage.

(iii) The anchorage and guying must be designed to withstand maximum horizontal and vertical forces
encountered when operating within rated capacity with the particular guy slope and spacing specified for the
application.

(3) Stiffleg derricks. (i) The mast base and stifflegs must be anchored.

(ii) The mast base and stifflegs must be designed to withstand maximum horizontal and vertical forces
encountered when operating within rated capacity with the particular stiffleg spacing and slope specified for the
application.

(e) Swingers and hoists. (1) The boom, swinger mechanisms and hoists must be suitable for the derrick work
intended and must be anchored to prevent displacement from the imposed loads.

(2) Hoists. (i) Base mounted drum hoists must meet the requirements in the following sections of ASME B30.7-
2001 (incorporated by reference, see §1926.6):

(A) Sections 7-1.1 (“Load ratings and markings”).

(B) Section 7-1.2 (“Construction”), except: 7-1.2.13 (“Operator's cab”); 7-1.2.15 (“Fire extinguishers”).

(C) Section 7-1.3 (“Installation”).

(D) Applicable terms in section 7-0.2 (“Definitions”).

(ii) Load tests for new hoists. The employer must ensure that new hoists are load tested to a minimum of 110%
of rated capacity, but not more than 125% of rated capacity, unless otherwise recommended by the manufacturer.
This requirement is met where the manufacturer has conducted this testing.

(iii) Repaired or modified hoists. Hoists that have had repairs, modifications or additions affecting their capacity
or safe operation must be evaluated by a qualified person to determine if a load test is necessary. If it is, load testing
must be conducted in accordance with paragraphs (e)(2)(ii) and (iv) of this section.

(iv) Load test procedure. Load tests required by paragraphs (e)(2)(ii) or (e)(2)(iii) of this section must be
conducted as follows:

(A) The test load must be hoisted a vertical distance to assure that the load is supported by the hoist and held by
the hoist brake(s).

(B) The test load must be lowered, stopped and held with the brake(s).

(C) The hoist must not be used unless a competent person determines that the test has been passed.

(f) Operational aids. (1) Section 1926.1416 (Operational aids) applies, except for §1926.1416(d)(1) (Boom hoist
limiting device), §1926.1416(e)(1) (Boom angle or radius indicator), and §1926.1416(e)(4) (Load weighing and similar
devices).

(2) Boom angle aid. A boom angle indicator is not required but if the derrick is not equipped with a functioning
one, the employer must ensure that either:

(i) The boom hoist cable must be marked with caution and stop marks. The stop marks must correspond to
maximum and minimum allowable boom angles. The caution and stop marks must be in view of the operator, or a

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spotter who is in direct communication with the operator; or

(ii) An electronic or other device that signals the operator in time to prevent the boom from moving past its
maximum and minimum angles, or automatically prevents such movement, is used.

(3) Load weight/capacity devices. (i) Derricks manufactured more than one year after November 8, 2010 with a
maximum rated capacity over 6,000 pounds must have at least one of the following: load weighing device, load
moment indicator, rated capacity indicator, or rated capacity limiter. Temporary alternative measures: The weight of
the load must be determined from a source recognized by the industry (such as the load's manufacturer), or by a
calculation method recognized by the industry (such as calculating a steel beam from measured dimensions and a
known per foot weight), or by other equally reliable means. This information must be provided to the operator prior
to the lift. See §1926.1417(j) for additional requirements.

(ii) A load weight/capacity device that is not working properly must be repaired no later than 30 days after the
deficiency occurs. Exception: If the employer documents that it has ordered the necessary parts within 7 days of the
occurrence of the deficiency, and the part is not received in time to complete the repair in 30 days, the repair must
be completed within 7 days of receipt of the parts.

(g) Post-assembly approval and testing—new or reinstalled derricks—(1) Anchorages. (i) Anchorages, including
the structure to which the derrick is attached (if applicable), must be approved by a qualified person.

(ii) If using a rock or hairpin anchorage, the qualified person must determine if any special testing of the
anchorage is needed. If so, it must be tested accordingly.

(2) Functional test. Prior to initial use, new or reinstalled derricks must be tested by a competent person with no
hook load to verify proper operation. This test must include:

(i) Lifting and lowering the hook(s) through the full range of hook travel.

(ii) Raising and lowering the boom through the full range of boom travel.

(iii) Swinging in each direction through the full range of swing.

(iv) Actuating the anti two-block and boom hoist limit devices (if provided).

(v) Actuating locking, limiting and indicating devices (if provided).

(3) Load test. Prior to initial use, new or reinstalled derricks must be load tested by a competent person. The test
load must meet the following requirements:

(i) Test loads must be at least 100% and no more than 110% of the rated capacity, unless otherwise
recommended by the manufacturer or qualified person, but in no event must the test load be less than the
maximum anticipated load.

(ii) The test must consist of:

(A) Hoisting the test load a few inches and holding to verify that the load is supported by the derrick and held by
the hoist brake(s).

(B) Swinging the derrick, if applicable, the full range of its swing, at the maximum allowable working radius for the
test load.

(C) Booming the derrick up and down within the allowable working radius for the test load.

(D) Lowering, stopping and holding the load with the brake(s).

(iii) The derrick must not be used unless the competent person determines that the test has been passed.

(4) Documentation. Tests conducted under this paragraph must be documented. The document must contain
the date, test results and the name of the tester. The document must be retained until the derrick is re-tested or
dismantled, whichever occurs first. All such documents must be available, during the applicable document retention
period, to all persons who conduct inspections in accordance with §1926.1412.

(h) Load testing repaired or modified derricks. Derricks that have had repairs, modifications or additions affecting
the derrick's capacity or safe operation must be evaluated by a qualified person to determine if a load test is
necessary. If it is, load testing must be conducted and documented in accordance with paragraph (g) of this section.

(i) [Reserved]

(j) Power failure procedures. If power fails during operations, the derrick operator must safely stop operations.
This must include:

(1) Setting all brakes or locking devices.

(2) Moving all clutch and other power controls to the off position.

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(k) Use of winch heads. (1) Ropes must not be handled on a winch head without the knowledge of the operator.

(2) While a winch head is being used, the operator must be within reach of the power unit control lever.

(l) [Reserved]

(m) Securing the boom. (1) When the boom is being held in a fixed position, dogs, pawls, or other positive
holding mechanisms on the boom hoist must be engaged.

(2) When taken out of service for 30 days or more, the boom must be secured by one of the following methods:

(i) Laid down.

(ii) Secured to a stationary member, as nearly under the head as possible, by attachment of a sling to the load
block.

(iii) For guy derricks, lifted to a vertical position and secured to the mast.

(iv) For stiffleg derricks, secured against the stiffleg.

(n) The process of jumping the derrick must be supervised by the A/D director.

(o) Derrick operations must be supervised by a competent person.

(p) Inspections. In addition to the requirements in §1926.1412, the following additional items must be included in
the inspections:

(1) Daily: Guys for proper tension.

(2) Annual. (i) Gudgeon pin for cracks, wear, and distortion.

(ii) Foundation supports for continued ability to sustain the imposed loads.

(q) Qualification and Training. The employer must train each operator of a derrick on the safe operation of
equipment the individual will operate. Section 1926.1427 of this subpart (Operator qualification and certification)
does not apply.

Back to Top

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

(a) This section contains supplemental requirements for floating cranes/derricks and land cranes/derricks on
barges, pontoons, vessels or other means of flotation (i.e., vessel/flotation device). The sections of this subpart apply
to floating cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation, unless
specified otherwise. The requirements of this section do not apply when using jacked barges when the jacks are
deployed to the river, lake, or sea bed and the barge is fully supported by the jacks.

(b) General requirements. The requirements in paragraphs (c) through (k) of this section apply to both floating
cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation.

(c) Work area control. (1) The requirements of §1926.1424 (Work area control) apply, except for §1926.1424(a)(2)
(ii).

(2) The employer must either:

(i) Erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the
hazard areas; or

(ii) Clearly mark the hazard areas by a combination of warning signs (such as, “Danger—Swing/Crush Zone”) and
high visibility markings on the equipment that identify the hazard areas. In addition, the employer must train each
employee to understand what these markings signify.

(d) Keeping clear of the load. Section 1926.1425 does not apply.

(e) Additional safety devices. In addition to the safety devices listed in §1926.1415, the following safety devices
are required:

(1) Barge, pontoon, vessel or other means of flotation list and trim device. The safety device must be located in
the cab or, when there is no cab, at the operator's station.

(2) Positive equipment house lock.

(3) Wind speed and direction indicator. A competent person must determine if wind is a factor that needs to be
considered; if wind needs to be considered, a wind speed and direction indicator must be used.

(f) Operational aids. (1) An anti two-block device is required only when hoisting personnel or hoisting over an
occupied cofferdam or shaft.

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(2) Section 1926.1416(e)(4) (Load weighing and similar devices) does not apply to dragline, clamshell (grapple),
magnet, drop ball, container handling, concrete bucket, and pile driving work performed under this section.

(g) Accessibility of procedures applicable to equipment operation. If the crane/derrick has a cab, the
requirements of §1926.1417(c) apply. If the crane/derrick does not have a cab, the employer must ensure that:

(1) Rated capacities (load charts) are posted at the operator's station. If the operator's station is moveable (such
as with pendant-controlled equipment), the load charts are posted on the equipment.

(2) Procedures applicable to the operation of the equipment (other than load charts), recommended operating
speeds, special hazard warnings, instructions and operators manual, must be readily available on board the
vessel/flotation device.

(h) Inspections. In addition to meeting the requirements of §1926.1412 for inspecting the crane/derrick, the
employer must inspect the barge, pontoons, vessel or other means of flotation used to support a floating
crane/derrick or land crane/derrick, and ensure that:

(1) Shift. For each shift inspection, the means used to secure/attach the equipment to the vessel/flotation device
is in proper condition, including wear, corrosion, loose or missing fasteners, defective welds, and (when applicable)
insufficient tension.

(2) Monthly. For each monthly inspection:

(i) The means used to secure/attach the equipment to the vessel/flotation device is in proper condition, including
inspection for wear, corrosion, and, when applicable, insufficient tension.

(ii) The vessel/flotation device is not taking on water.

(iii) The deckload is properly secured.

(iv) The vessel/flotation device is watertight based on the condition of the chain lockers, storage, fuel
compartments, and hatches.

(v) The firefighting and lifesaving equipment is in place and functional.

(3) The shift and monthly inspections are conducted by a competent person, and:

(i) If any deficiency is identified, an immediate determination is made by a qualified person whether the
deficiency constitutes a hazard.

(ii) If the deficiency is determined to constitute a hazard, the vessel/flotation device is removed from service until
the deficiency has been corrected.

(4) Annual: external vessel/flotation device inspection. For each annual inspection:

(i) The external portion of the barge, pontoons, vessel or other means of flotation used is inspected annually by a
qualified person who has expertise with respect to vessels/flotation devices and that the inspection includes the
following items:

(A) The items identified in paragraphs (h)(1) (Shift) and (h)(2) (Monthly) of this section.

(B) Cleats, bitts, chocks, fenders, capstans, ladders, and stanchions, for significant corrosion, wear, deterioration,
or deformation that could impair the function of these items.

(C) External evidence of leaks and structural damage; evidence of leaks and damage below the waterline may be
determined through internal inspection of the vessel/flotation device.

(D) Four-corner draft readings.

(E) Firefighting equipment for serviceability.

(ii) Rescue skiffs, lifelines, work vests, life preservers and ring buoys are inspected for proper condition.

(iii) If any deficiency is identified, an immediate determination is made by the qualified person whether the
deficiency constitutes a hazard or, though not yet a hazard, needs to be monitored in the monthly inspections.

(A) If the qualified person determines that the deficiency constitutes a hazard, the vessel/flotation device is
removed from service until it has been corrected. See requirements in §1926.1417(f).

(B) If the qualified person determines that, though not presently a hazard, the deficiency needs to be monitored,
the deficiency is checked in the monthly inspections.

(5) Four-year: internal vessel/flotation device inspection. For each four-year inspection:

(i) A marine engineer, marine architect, licensed surveyor, or other qualified person who has expertise with
respect to vessels/flotation devices surveys the internal portion of the barge, pontoons, vessel, or other means of

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flotation.

(ii) If the surveyor identifies a deficiency, an immediate determination is made by the surveyor as to whether the
deficiency constitutes a hazard or, though not yet a hazard, needs to be monitored in the monthly or annual
inspections, as appropriate.

(A) If the surveyor determines that the deficiency constitutes a hazard, the vessel/flotation device is removed
from service until it has been corrected.

(B) If the surveyor determines that, though not presently a hazard, the deficiency needs to be monitored, the
deficiency is checked in the monthly or annual inspections, as appropriate.

(6) Documentation. The monthly and annual inspections required in paragraphs (h)(2) and (h)(4) of this section
are documented in accordance with §§1926.1412 (e)(3) and 1926.1412(f)(7), respectively, and that the four-year
inspection required in paragraph (h)(5) of this section is documented in accordance with §1926.1412(f)(7), except that
the documentation for that inspection must be retained for a minimum of 4 years. All such documents must be
made available, during the applicable document retention period, to all persons who conduct inspections in
accordance with §1926.1412.

(i) [Reserved]

(j) Working with a diver. The employer must meet the following additional requirements when working with a
diver in the water:

(1) If a crane/derrick is used to get a diver into and out of the water, it must not be used for any other purpose
until the diver is back on board. When used for more than one diver, it must not be used for any other purpose until
all divers are back on board.

(2) The operator must remain at the controls of the crane/derrick at all times.

(3) In addition to the requirements in §§1926.1419 through 1926.1422 (Signals), either:

(i) A clear line of sight must be maintained between the operator and tender; or

(ii) The signals between the operator and tender must be transmitted electronically.

(4) The means used to secure the crane/derrick to the vessel/flotation device (see paragraph (n)(5) of this
section) must not allow any amount of shifting in any direction.

(k) Manufacturer's specifications and limitations. (1) The employer must ensure that the barge, pontoons, vessel,
or other means of flotation must be capable of withstanding imposed environmental, operational and in-transit loads
when used in accordance with the manufacturer's specifications and limitations.

(2) The employer must ensure that the manufacturer's specifications and limitations with respect to
environmental, operational, and in-transit loads for a barge, pontoon, vessel, or other means of flotation are not
exceeded or violated.

(3) When the manufacturer's specifications and limitations are unavailable, the employer must ensure that the
specifications and limitations established by a qualified person with respect to environmental, operational and in-
transit loads for the barge, pontoons, vessel, or other means of flotation are not exceeded or violated.

(l) [Reserved]

(m) Floating cranes/derricks. For equipment designed by the manufacturer (or employer) for marine use by
permanent attachment to barges, pontoons, vessels or other means of flotation:

(1) Load charts. (i) The employer must not exceed the manufacturer load charts applicable to operations on
water. When using these charts, the employer must comply with all parameters and limitations (such as dynamic and
environmental parameters) applicable to the use of the charts.

(ii) The employer must ensure that load charts take into consideration a minimum wind speed of 40 miles per
hour.

(2) The employer must ensure that the requirements for maximum allowable list and maximum allowable trim as
specified in Table M1 of this section are met.

Table M1

Maximum Maximum allowable


allowable list trim
Rated capacity (degrees) (degrees)
Equipment designed for marine use by permanent attachment (other
than derricks):
25 tons or less 5 5

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Over 25 tons 7 7
Derricks designed for marine use by permanent attachment:
Any rated capacity 10 10

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

Table M2

Wind speed Minimum freeboard


Operated at (mph) (ft)
Rated capacity 60 2
Rated capacity plus 25% 60 1
High boom, no load 60 2

Table M3

Operated at Wind speed


For backward stability of the boom:
High boom, no load, full back list (least stable condition) 90 mph.

(4) If the equipment is employer-made, it must not be used unless the employer has documents demonstrating
that the load charts and applicable parameters for use meet the requirements of paragraphs (m)(1) through (3) of
this section. Such documents must be signed by a registered professional engineer who is a qualified person with
respect to the design of this type of equipment (including the means of flotation).

(5) The employer must ensure that the barge, pontoons, vessel or other means of flotation used:

(i) Are structurally sufficient to withstand the static and dynamic loads of the crane/derrick when operating at the
crane/derrick's maximum rated capacity with all planned and actual deck loads and ballasted compartments.

(ii) Have a subdivided hull with one or more longitudinal watertight bulkheads for reducing the free-surface
effect.

(iii) Have access to void compartments to allow for inspection and pumping.

(n) Land cranes/derricks. For land cranes/derricks used on barges, pontoons, vessels or other means of flotation,
the employer must ensure that:

(1) The rated capacity of the equipment (including but not limited to modification of load charts) applicable for
use on land is reduced to:

(i) Account for increased loading from list, trim, wave action, and wind.

(ii) Be applicable to a specified location(s) on the specific barge, pontoons, vessel or other means of flotation that
will be used, under the environmental conditions expected and encountered.

(iii) The conditions required in paragraphs (n)(3) and (n)(4) of this section are met.

(2) The rated capacity modification required in paragraph (n)(1) of this section is performed by the equipment
manufacturer, or a qualified person who has expertise with respect to both land crane/derrick capacity and the
stability of vessels/flotation devices.

(3) For list and trim.

(i) The maximum allowable list and the maximum allowable trim for the barge, pontoon, vessel or other means of
flotation must not exceed the amount necessary to ensure that the conditions in paragraph (n)(4) of this section are
met. In addition, the maximum allowable list and the maximum allowable trim does not exceed the least of the
following: 5 degrees, the amount specified by the crane/derrick manufacturer, or, when, an amount is not so
specified, the amount specified by the qualified person.

(ii) The maximum allowable list and the maximum allowable trim for the land crane/derrick does not exceed the
amount specified by the crane/derrick manufacturer, or, when, an amount is not so specified, the amount specified
by the qualified person.

(4) For the following conditions:

(i) All deck surfaces of the barge, pontoons, vessel or other means of flotation used are above water.

(ii) The entire bottom area of the barge, pontoons, vessel or other means of flotation used is submerged.

(5) Physical attachment, corralling, rails system and centerline cable system meet the requirements in Option (1),
Option (2), Option (3), or Option (4) of this section, and that whichever option is used also meets the requirements of

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paragraph (n)(5)(v) of this section.

(i) Option (1)—Physical attachment. The crane/derrick is physically attached to the barge, pontoons, vessel or
other means of flotation. Methods of physical attachment include crossed-cable systems attached to the
crane/derrick and vessel/flotation device, bolting or welding the crane/derrick to the vessel/flotation device, strapping
the crane/derrick to the vessel/flotation device with chains, or other methods of physical attachment.

(ii) Option (2)—Corralling. The crane/derrick is prevented from shifting by installing barricade restraints (i.e., a
corralling system). Employers must ensure that corralling systems do not allow the equipment to shift by any amount
of shifting in any direction.

(iii) Option (3)—Rails. The crane/derrick must be prevented from shifting by being mounted on a rail system.
Employers must ensure that rail clamps and rail stops are used unless the system is designed to prevent movement
during operation by other means.

(iv) Option (4)—Centerline cable system. The crane/derrick is prevented from shifting by being mounted to a wire
rope system. The employer must ensure that the wire rope system meets the following requirements:

(A) The wire rope and attachments are of sufficient size and strength to support the side load of crane/derrick.

(B) The wire rope is attached physically to the vessel/flotation device.

(C) The wire rope is attached to the crane/derrick by appropriate attachment methods (such as shackles or
sheaves) on the undercarriage, and that the method used will allow the crew to secure the crane/derrick from
movement during operation and to move the crane/derrick longitudinally along the vessel/flotation device for
repositioning.

(D) Means are installed to prevent the crane/derrick from passing the forward or aft end of the wire rope
attachments.

(E) The crane/derrick is secured from movement during operation.

(v) The systems/means used to comply with Option (1), Option (2), Option (3), or Option (4) of this section are
designed by a marine engineer, registered professional engineer familiar with floating crane/derrick design, or
qualified person familiar with floating crane/derrick design.

(6) Exception. For mobile auxiliary cranes used on the deck of a floating crane/derrick, the requirement specified
by paragraph (n)(5) of this section to use Option (1), Option (2), Option (3), or Option (4) does not apply when the
employer demonstrates implementation of a plan and procedures that meet the following requirements:

(i) A marine engineer or registered professional engineer familiar with floating crane/derrick design develops and
signs a written plan for the use of the mobile auxiliary crane.

(ii) The plan is designed so that the applicable requirements of this section are met despite the position, travel,
operation, and lack of physical attachment (or corralling, use of rails or cable system) of the mobile auxiliary crane.

(iii) The plan specifies the areas of the deck where the mobile auxiliary crane is permitted to be positioned, travel,
and operate, and the parameters and limitations of such movements and operation.

(iv) The deck is marked to identify the permitted areas for positioning, travel, and operation.

(v) The plan specifies the dynamic and environmental conditions that must be present for use of the plan.

(vi) If the dynamic and environmental conditions in paragraph (n)(6)(v) of this section are exceeded, the mobile
auxiliary crane is attached physically or corralled in accordance with Option (1), Option (2) or Option (4) of paragraph
(n)(5) of this section.

(7) The barge, pontoons, vessel or other means of flotation used:

(i) Are structurally sufficient to withstand the static and dynamic loads of the crane/derrick when operating at the
crane/derrick's maximum rated capacity with all anticipated deck loads and ballasted compartments.

(ii) Have a subdivided hull with one or more longitudinal watertight bulkheads for reducing the free surface
effect.

(iii) Have access to void compartments to allow for inspection and pumping.

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§1926.1438   Overhead & gantry cranes.

(a) Permanently installed overhead and gantry cranes. The requirements of §1910.179, except for §1910.179(b)
(1), and not the requirements of this subpart CC, apply to the following equipment when used in construction and
permanently installed in a facility: overhead and gantry cranes, including semigantry, cantilever gantry, wall cranes,
storage bridge cranes, and others having the same fundamental characteristics.

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(b) Overhead and gantry cranes that are not permanently installed in a facility. (1) This paragraph applies to the
following equipment when used in construction and not permanently installed in a facility: Overhead and gantry
cranes, overhead/bridge cranes, semigantry, cantilever gantry, wall cranes, storage bridge cranes, launching gantry
cranes, and similar equipment having the same fundamental characteristics, irrespective of whether it travels on
tracks, wheels, or other means.

(2) The following requirements apply to equipment identified in paragraph (b)(1) of this section:

(i) Sections 1926.1400 through 1926.1414; §§1926.1417 through 1926.1425; §1926.1426(d), §§1926.1427
through 1926.1434; §1926.1437, §1926.1439, and §1926.1441.

(ii) The following portions of §1910.179:

(A) Paragraphs (b)(5),(6),(7); (e)(1),(3),(5),(6); (f)(1),(4); (g); (h)(1),(3); (k); and (n) of §1910.179.

(B) The definitions in §1910.179(a) except for “hoist” and “load.” For those words, the definitions in §1926.1401
apply.

(C) Section 1910.179(b)(2), but only where the equipment identified in paragraph (b)(1) of this section
(§1926.1438) was manufactured before September 19, 2001.

(iii) For equipment manufactured on or after September 19, 2001, the following sections of ASME B30.2-2005
(incorporated by reference, see §1926.6) apply: 2-1.3.1; 2-1.3.2; 2-1.4.1; 2-1.6; 2-1.7.2; 2-1.8.2; 2-1.9.1; 2-1.9.2; 2-1.11;
2-1.12.2; 2-1.13.7; 2-1.14.2; 2-1.14.3; 2-1.14.5; 2-1.15.; 2-2.2.2; 2-3.2.1.1. In addition, 2-3.5 applies, except in 2-
3.5.1(b), “29 CFR 1910.147” is substituted for “ANSI Z244.1.”

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§1926.1439   Dedicated pile drivers.

(a) The provisions of subpart CC apply to dedicated pile drivers, except as specified in this section.

(b) Section 1926.1416(d)(3) (Anti two-blocking device) does not apply.

(c) Section 1926.1416(e)(4) (Load weighing and similar devices) applies only to dedicated pile drivers
manufactured after November 8, 2011.

(d) In §1926.1433, only §§1926.1433(d) and (e) apply to dedicated pile drivers.

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§1926.1440   Sideboom cranes.

(a) The provisions of this standard apply, except §1926.1402 (Ground conditions), §1926.1415 (Safety devices),
§1926.1416 (Operational aids), and §1926.1427 (Operator qualification and certification).

(b) Section 1926.1426 (Free fall and controlled load lowering) applies, except §1926.1426(a)(2)(i). Sideboom
cranes in which the boom is designed to free fall (live boom) are permitted only if manufactured prior to November 8,
2010.

(c) Sideboom cranes mounted on wheel or crawler tractors must meet all of the following requirements of ASME
B30.14-2004 (incorporated by reference, see §1926.6):

(1) Section 14-1.1 (“Load Ratings”).

(2) Section 14-1.3 (“Side Boom Tractor Travel”).

(3) Section 14-1.5 (“Ropes and Reeving Accessories”).

(4) Section 14-1.7.1 (“Booms”).

(5) Section 14-1.7.2 (“General Requirements—Exhaust Gases”).

(6) Section 14-1.7.3 (“General Requirements—Stabilizers (Wheel-Type Side Boom Tractors)”).

(7) Section 14-1.7.4 (“General Requirements—Welded Construction”).

(8) Section 14-1.7.6 (“General Requirements—Clutch and Brake Protection”).

(9) Section 14-2.2.2 (“Testing—Rated Load Test”), except that it applies only to equipment that has been altered
or modified.

(10) In section 14-3.1.2 (“Operator Qualifications”), paragraph (a), except the phrase “When required by law.”

(11) In section 14-3.1.3 (“Operating Practices”), paragraphs (e), (f)(1)-(f)(4), (f)(6), (f)(7), (h), and (i).

(12) In section 14-3.2.3 (“Moving the Load”), paragraphs (j), (l), and (m).

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

The following paragraphs of this section specify requirements for employers using equipment with a maximum
rated hoisting/lifting capacity of 2,000 pounds or less.

(a) The employer using this equipment must comply with the following provisions of this subpart: §1926.1400
(Scope); §1926.1401 (Definitions); §1926.1402 (Ground conditions); §1926.1403 (Assembly/disassembly—selection of
manufacturer or employer procedures); §1926.1406 (Assembly/disassembly—employer procedures); §§1926.1407
through 1926.1411 (Power line safety); §1926.1412(c) (Post-assembly); §§1926.1413 through 1926.1414 (Wire rope);
§1926.1418 (Authority to stop operation); §§1926.1419 through 1926.1422 (Signals); §1926.1423 (Fall protection);
§1926.1425 (Keeping clear of the load) (except for §1926.1425(c)(3) (qualified rigger)); §1926.1426 (Free fall and
controlled load lowering); §1926.1432 (Multiple crane/derrick lifts—supplemental requirements); §1926.1434
(Equipment modifications); §1926.1435 (Tower cranes); §1926.1436 (Derricks); §1926.1437 (Floating cranes/derricks
and land cranes/derricks on barges); §1926.1438 (Overhead & gantry cranes).

(b) Assembly/disassembly. (1) In addition to compliance with §§1926.1403 (Assembly/disassembly—selection of


manufacturer or employer procedures) and 1926.1406 (Assembly/disassembly—employer procedures), the
employer must also comply with §1926.1441(b)(2)-(3).

(2) Components and configuration. The employer must ensure that:

(i) The selection of components, and the configuration of the equipment, that affect the capacity or safe
operation of the equipment complies with either the:

(A) Manufacturer instructions, recommendations, limitations, and specifications. When these documents and
information are unavailable, a registered professional engineer familiar with the type of equipment involved must
approve, in writing, the selection and configuration of components; or

(B) Approved modifications that meet the requirements of §1926.1434 (Equipment modifications).

(ii) Post-assembly inspection. Upon completion of assembly, the equipment is inspected to ensure that it is in
compliance with paragraph (b)(2)(i) of this section (see §1926.1412(c) for post-assembly inspection requirements).

(3) Manufacturer prohibitions. The employer must comply with applicable manufacturer prohibitions.

(c) Operation—procedures. (1) The employer must comply with all manufacturer procedures applicable to the
operational functions of the equipment, including its use with attachments.

(2) Unavailable operation procedures. The employer must:

(i) When the manufacturer's procedures are unavailable, develop, and ensure compliance with, all procedures
necessary for the safe operation of the equipment and attachments.

(ii) Ensure that procedures for the operational controls are developed by a qualified person.

(iii) Ensure that procedures related to the capacity of the equipment are developed and signed by a registered
professional engineer familiar with the equipment.

(3) Accessibility. The employer must ensure that:

(i) The load chart is available to the operator at the control station;

(ii) Procedures applicable to the operation of the equipment, recommended operating speeds, special hazard
warnings, instructions, and operator's manual are readily available for use by the operator.

(iii) When rated capacities are available at the control station only in electronic form and a failure occurs that
makes the rated capacities inaccessible, the operator immediately ceases operations or follows safe shut-down
procedures until the rated capacities (in electronic or other form) are available.

(d) Safety devices and operational aids. (1) The employer must ensure that safety devices and operational aids
that are part of the original equipment are maintained in accordance with manufacturer procedures.

(2) Anti two-blocking. The employer must ensure that equipment covered by this section manufactured more
than one year after November 8, 2010 have either an anti two-block device that meets the requirements of
§1926.1416(d)(3), or is designed so that, in the event of a two-block situation, no damage or load failure will occur (for
example, by using a power unit that stalls in response to a two-block situation).

(e) Operator qualifications. The employer must train each operator, prior to operating the equipment, on the
safe operation of the type of equipment the operator will be using.

(f) Signal person qualifications. The employer must train each signal person in the proper use of signals
applicable to the use of the equipment.

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(g) [Reserved]

(h) Inspections. The employer must ensure that equipment is inspected in accordance with manufacturer
procedures.

(i) [Reserved]

(j) Hoisting personnel. The employer must ensure that equipment covered by this section is not used to hoist
personnel.

(k) Design. The employer must ensure that the equipment is designed by a qualified engineer.

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§1926.1442   Severability.

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

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

View or download PDF

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eCFR — Code of Federal Regulations

View or download PDF

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Appendix B to Subpart CC of Part 1926—Assembly/Disassembly: Sample Procedures for Minimizing the


Risk of Unintended Dangerous Boom Movement

1. Section 1926.1404(f)(1) provides that when pins (or similar devices) are being removed, employees must not
be under the boom, jib, or other components, except where the requirements of §1926.1404(f)(2) are met. The
exception in §1926.1404(f)(2) applies when the employer demonstrates that site constraints require one or more
employees to be under the boom, jib, or other components when pins (or similar devices) are being removed. In
such a situation, the A/D director must implement procedures that minimize the risk of unintended dangerous
movement and minimize the duration and extent of exposure under the boom.

The following scenario is an example of how the exception applies: A boom cannot be disassembled on the
ground because of aboveground piping (as might be found, for example, in an oil refinery) that precludes lowering
the boom to the ground. The boom must therefore be disassembled in the air, and the employees who remove the
pins must perform that work from an aerial lift whose base is positioned on one side (the near side) of the boom. To
gain access to the pins on the far side, the aerial lift basket must move under the boom, since, due to lack of room,
the aerial lift cannot be repositioned on the far side. Due to lack of room, the aerial lift cannot be repositioned on the
far side, so the aerial basket must move under the boom to gain access to the pins on the far side.

To minimize the risk of unintended dangerous movement while the pins are removed, the A/D director uses an
assist crane that is rigged to support the boom section that is being detached, using particular care to ensure that
the section end that is near the employee(s) removing the pins is well supported. The duration and extent of
exposure is minimized by removing the far side pins first, moving the aerial lift basket as soon as possible to the near
side so that the employees are no longer under the boom, and then removing the near side pins.

2. Section 1926.1404(h)(6)(i) provides that, during assembly/disassembly, the center of gravity of the load must
be identified if that is necessary for the method used for maintaining stability. Section 1926.1404(h)(6)(ii) states that,
where there is insufficient information to accurately identify the center of gravity, measures designed to prevent
unintended dangerous movement resulting from an inaccurate identification of the center of gravity must be used.

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

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Appendix C to Subpart CC of Part 1926—Operator Certification: Written Examination: Technical


Knowledge Criteria

This appendix contains information for employers, accredited testing organizations, auditors and government
entities developing criteria for a written examination to test an individual's technical knowledge relating to the
operation of cranes.

(a) General technical information.

(1) The functions and limitations of the crane and attachments.

(2) Wire rope:

(i) Background information necessary to understand the inspection and removal from service criteria in
§1926.1413 and §1926.1414.

(ii) Capacity and when multi-part rope is needed.

(iii) Relationship between line pull and safe working load.

(iv) How to determine the manufacturer's recommended rope for the crane.

(3) Rigging devices and their use, such as:

(i) Slings.

(ii) Spreaders.

(iii) Lifting beams.

(iv) Wire rope fittings, such as clips, shackles and wedge sockets.

(v) Saddles (softeners).

(vi) Clamps (beams).

(4) The technical limitations of protective measures against electrical hazards:

(i) Grounding.

(ii) Proximity warning devices.

(iii) Insulated links.

(iv) Boom cages.

(v) Proximity to electric power lines, radii, and microwave structures.

(5) The effects of load share and load transfer in multi-crane lifts.

(6) Basic crane terms.

(7) The basics of machine power flow systems.

(i) Mechanical.

(ii) Electrical.

(iii) Pneumatic.

(iv) Hydraulic.

(v) Combination.

(8) The significance of the instruments and gauge readings.

(9) The effects of thermal expansion and contraction in hydraulic cylinders.

(10) Background information necessary to understand the requirements of pre-operation and inspection.

(11) How to use the safety devices and operational aids required under §1926.1415 and §1926.1416.

(12) The difference between duty-cycle and lifting operations.

(13) How to calculate net capacity for every possible configuration of the equipment using the manufacturer's
load chart.

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(14) How to use manufacturer-approved attachments and their effect on the equipment.

(15) How to obtain dimensions, weight, and center of gravity of the load.

(16) The effects of dynamic loading from:

(i) Wind.

(ii) Stopping and starting.

(iii) Impact loading.

(iv) Moving with the load.

(17) The effect of side loading.

(18) The principles of backward stability.

(b) Site information.

(1) How to identify the suitability of the supporting ground/surface to support the expected loads of the
operation. Elements include:

(i) Weaknesses below the surface (such as voids, tanks, loose fill).

(ii) Weaknesses on the surface (such as retaining walls, slopes, excavations, depressions).

(2) Proper use of mats, blocking/cribbing, outriggers, stabilizers, or crawlers.

(3) Identification of site hazards such as power lines, piping, and traffic.

(4) How to review operation plans with supervisors and other workers (such as the signal person), including how
to determine working height, boom length, load radius, and travel clearance.

(5) How to determine if there is adequate room for extension of crawlers or outriggers/stabilizers and
counterweights.

(c) Operations.

(1) How to pick, carry, swing and place the load smoothly and safely on rubber tires and on outriggers/stabilizers
or crawlers (where applicable).

(2) How to communicate at the site with supervisors, the crew and the signal person.

(3) Proper procedures and methods of reeving wire ropes and methods of reeving multiple-part lines and
selecting the proper load block and/or ball.

(4) How to react to changes in conditions that affect the safe operation of the equipment.

(5) How to shut down and secure the equipment properly when leaving it unattended.

(6) Know how to apply the manufacturer's specifications for operating in various weather conditions, and
understand how environmental conditions affect the safe operation of the equipment.

(7) How to properly level the equipment.

(8) How to verify the weight of the load and rigging prior to initiating the lift.

(9) How to determine where the load is to be picked up and placed and how to verify the radii.

(10) Know basic rigging procedures.

(11) How to carry out the shift inspection required in this subpart.

(12) Know that the following operations require specific procedures and skill levels:

(i) Multi-crane lifts.

(ii) Hoisting personnel.

(iii) Clamshell/dragline operations.

(iv) Pile driving and extracting.

(v) Concrete operations, including poured-in-place and tilt-up.

(vi) Demolition operations.

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eCFR — Code of Federal Regulations

(vii) Operations on water.

(viii) Magnet operations.

(ix) Multi-drum operations.

(13) Know the proper procedures for operating safely under the following conditions:

(i) Traveling with suspended loads.

(ii) Approaching a two-block condition.

(iii) Operating near power lines.

(iv) Hoisting personnel.

(v) Using other than full outrigger/crawler or stabilizer extensions.

(vi) Lifting loads from beneath the surface of the water.

(vii) Using various approved counterweight configurations.

(viii) Handling loads out of the operator's vision (“operating in the blind”).

(ix) Using electronic communication systems for signal communication.

(14) Know the proper procedures for load control and the use of hand-held tag lines.

(15) Know the emergency response procedure for:

(i) Fires.

(ii) Power line contact.

(iii) Loss of stability.

(iv) Control malfunction.

(v) Two-blocking.

(vi) Overload.

(vii) Carrier or travel malfunction.

(16) Know how to properly use outriggers and stabilizers in accordance with manufacturer specifications.

(d) Use of load charts.

(1) Know the terminology necessary to use load charts.

(2) Know how to ensure that the load chart is the appropriate chart for the equipment in its particular
configuration and application.

(3) Know how to use load charts. This includes knowing:

(i) The operational limitations of load charts and footnotes.

(ii) How to relate the chart to the configuration of the crane, crawlers, or outriggers/stabilizers extended or
retracted, jib erected or offset, and various counterweight configurations.

(iii) The difference between structural capacity and capacity limited by stability.

(iv) What is included in capacity ratings.

(v) The range diagram and its relationship to the load chart.

(vi) The work area chart and its relationship to the load chart.

(vii) Where to find and how to use the “parts-of-line” information.

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

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eCFR — Code of Federal Regulations

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