Last November, OSHA issued a final rule that would finally allow them to enforce language, which has been in their standards since 2010, requiring construction crane operators to be formally qualified to operate the equipment. The first day of enforcement for that rule had been set for November 10, 2018, but the agency has recently proposed a new rule that would pull back some of the initial requirements.
On May 18, 2018, OSHA announced that it was proposing a change to the crane operator qualification requirements that they hoped would allow more operators to meet the requirements.
According to the Federal Register notice, the proposed rule removes the provision that “requires different levels of certification based on rated lifting capacity of equipment.” Testing organizations will still be allowed to certify workers based upon rated capacity, but they will no longer be required to do so. The proposal also establishes clearer minimum requirements for determining an operator’s competency.
Full text of the Crane Operator Qualification Proposal can be found on the Federal Register. Section III gives a detailed summary and explanation of the proposed changes, which will be helpful for anyone that will be affected by the rules.
If you would like to comment on the proposal, you can do so electronically by visiting http://www.regulations.gov. The Federal Register notice provides detailed instructions for doing so:
“This docket may include several Federal Register notices for active rulemakings; therefore it is necessary to select the correct notice, or its ID number, to submit comments for this rulemaking. After accessing the docket (OSHA-2007-0066), check the “proposed rule” box in the column headed “Document Type,” find the document posted on the date of publication of this document, and click the “Submit a Comment” link.”
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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