Crane use near power lines accounts for the most crane fatalities. It is unclear exactly how OSHA will treat power lines in the proposed regulations. When power lines can be avoided, the proposed regulations may require the operating radius of the crane to be outside the reach of the power lines. However, in many construction scenarios, power lines are in close proximity and must remain active. For these situations, OSHA is evaluating several safety measures, including the use of:
- power hazard meetings to inform personnel of the risks and procedures for the crane work;
- non-conductive tag lines;
- warning signs and access limitations;
- dedicated spotters;
- range control warning devices;
- insulators; and
- automatic range governors for the crane.
Operator training and certification are by far the most contentious issues OSHA faces as it develops the proposed regulations. C-DAC largely was divided on how to deal with operator certification issues. In an eleventh-hour compromise, C-DAC supported four options: third-party certification; compliance with an existing state/city certification; compliance with existing military certifications; or employer qualification that is third-party certified.
While it is likely OSHA will deal with operator qualification/certification issues, it is less clear how the agency will utilize C-DAC’s options.
Other Initiatives
In New York City and Miami-Dade County, where highly publicized crane fatalities occurred, local entities have taken steps to increase worker protection in the absence of a more protective OSHA standard. The New York City Department of Design and Construction (DDC) entered an alliance with OSHA to address a wide range of construction hazards, emphasizing crane hazards. The alliance formalizes a partnership in which DDC and OSHA will cross-train their inspectors on each entity’s regulations, as well as the unique hazards found in urban construction environments.
Miami-Dade County went a step further in March, passing an ordinance requiring education, certification and fitness testing procedures for operators, as well as safety procedures for storm conditions. Industry groups, including Associated Builders and Contractors’ Florida East Coast Chapter, filed suit challenging the ordinance. These groups alleged that OSHA regulations directly preempt Miami-Dade County from setting mandatory occupational safety and health standards. The practical purpose of this preemption is to prevent employers from having to comply with numerous confusing and often inadequately protective local standards that vary depending on the locality. On May 20, a federal court ordered a temporary halt to Miami-Dade County’s crane ordinance.
Efforts to update OSHA crane regulations with a patchwork of local ordinances have been stymied for now. With OSHA likely to propose regulations in late summer or early fall—depending on the comment period, the number and types of comments received, and the priorities of the next administration—a new crane and derrick regulation may go into effect in 2009.