Back in September, OSHA issued a Notice of Proposed Rulemaking that would extend the deadline for crane operator certification requirements. Although OSHA 1926.1427 has required crane operators to receive certain certifications to be able to operate the machines since 2010, actual enforcement of that rule has been delayed several times.
Effective November 9, 2017, OSHA has issued a final rule that will again delay the enforcement of the crane certification rule until November 10, 2018. If the rule is not delayed again, employers will be responsible for ensuring that their crane operators receive at least one of the following :
- Certification by an independent testing organization accredited by a nationally recognized accrediting organization;
- Qualification by an employer's independently audited program;
- Qualification by the U.S. military; or
- Compliance with qualifying State or local licensing requirements (mandatory when applicable).
In the final rule, OSHA explains their reasoning for the delay: “By delaying the deadline for employers to ensure that crane operators are certified until November 10, 2018, and by extending the employer duty to ensure that crane operators are competent until that same date, this rule will avoid disrupting the construction industry and allow OSHA time to complete a related crane standard rulemaking that will address these and other issues.
Final Rule: Cranes and Derricks in Construction: Operator Certification Extension | OSHA
At the National Safety Council Congress & Expo on October 23, 2018, OSHA’s deputy director of Directorate of Enforcement Programs, Patrick Kapust, announced their 10 most frequesntly cited safety violations for their fiscal year 2018.
On March 15, 2018, 6 people were killed and 8 others were injured when an under construction pedestrian bridge collapsed in Florida. Several months later, the National Transportation Safety Board (NTSB) released their preliminary report while conducting an official investigation. The NTSB later issued an “Investigative Update” to their preliminary report in August. In Mid-November, the NTSB released a 2nd investigative update, narrowing their root cause theories.
The City of New York is getting serious about construction regulation and using the full extent of the law to punish those who have acted negligently on the jobsite. Last year, Mayor Bill De Blasio issued a new law requiring all construction workers to undergo, at minimum, 40 hours of safety training. In 2016, Manhattan District Attorney Cyrus R. Vance Jr. successfully convicted a construction foreman of criminally negligent homicide and reckless endangerment after a laborer was killed in a trench collapse that he was overseeing. Earlier this month, DA Vance announced assault charges against a superintendent and branch manager after 2 men suffer horrific injuries on their jobsite.
The long delayed rule for crane operator certification has new life as OSHA has issued yet another final rule, after making alterations and clarifications. OSHA originally planned to require all crane operators to obtain certifications in 2010, but it has been delayed several times since then. A different final rule was proposed in 2017, but it was announced in May of 2018 that the administration intended to alter the rule.
The United States Consumer Product Safety Commission has announced a recall of 3 different drills manufactured by Black & Decker due to safety concerns.
Just over a year ago, in September of 2017, Hurricane Irma blew through Miami, Florida, bringing extremely high speed wind with it. The wind caused 3 cranes to collapse in southern Florida, 2 in downtown Miami and 1 more in Ft. Lauderdale. Interesting video of the dismantling of one of the failed cranes was shared on Youtube.
In September of 2017, OSHA’s new standard on exposure to respirable crystalline silica went into effect in the construction industry. The rule lowered the allowable exposure to the harmful substance to 50 micrograms per cubic meter, a measurement that we’re all familiar with [/sarcasm]. After a full year of enforcement, OSHA is considering making a change to the rule.
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