Search form

OSHA Delays Crane Operator Certification Deadline

By Raymond Perez, II
  • June 7, 2017

The compliance date for an Occupational Safety and Health Administration rule requiring construction crane operators be certified by a third-party evaluator and designated as “qualified” will be delayed, the agency announced on May 22, 2017.

While OSHA said it intends to propose an extension of the November 10, 2017, compliance date for certification, it did not specify the new date.

In 2013, the agency said it would reconsider its 2010 construction cranes and derricks requirements (29 C.F.R. Subpart CC) on certification by third-party evaluators and operator qualification after crane industry representatives pointed out that the mandates failed to follow recommendations from a panel of industry and OSHA representatives who had drafted the rule. Compliance for the requirements was scheduled for November 10, 2014.

OSHA said in 2013 that construction workers suffer 89 fatal injuries each year from the types of equipment covered by its rule. Of that number, it said compliance with the final rule could prevent an estimated 21 fatalities. As an example, OSHA said that, in April 2006, a roof framing crew used a crane to hoist a bundle of plywood sheathing to a location on a roof. As the crane was positioning the bundle of sheathing above its landing location, the load hoist on the crane free spooled, causing an uncontrolled descent of the load that crushed an employee. OSHA said the new regulations in its 2010 rule would have prevented the accident.

In late-2014, OSHA extended the compliance deadline to November 10, 2017, for employers to ensure crane operators are certified within three years. It said it would provide time to address industry concerns about the “certifying by capacity” requirement and whether “certification” is equivalent to “qualification.” It also extended for the same three years the employer duty to make certain that crane operators are competent to operate a crane safely.

Crane operators would have to be certified under at least one of four options:

  • 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.

While OSHA had started a new rulemaking process to outline qualification and certification, progress toward issuing a final rule has been slow.

Jackson Lewis attorneys are available to assist employers in analyzing the impact of safety and health policies.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

June 18, 2018

OSHA Beryllium Standard in Construction

June 18, 2018

On January 9, 2017, OSHA issued a final rule adopting a comprehensive standard for exposure to beryllium and beryllium compounds. A separate standard was promulgated for general industry, construction, and shipyard industries. When OSHA first announced its intent to promulgate a beryllium standard for construction in 2015, the scope... Read More

June 18, 2018

OSHA Recordkeeping: OSHA Only Requiring Electronic Submission of 300A Forms

June 18, 2018

In its latest Regulatory Agenda, the Occupational Safety and Health Administration (OSHA) indicated that it was undergoing rulemaking to revise the “Improve Tracking of Workplace Injuries and Illnesses” regulation promulgated under the Obama Administration. OSHA noted it was considering deleting the requirement for employers with 250 or... Read More

June 18, 2018

Opioid Crisis Disproportionately Affects Construction Industry: Three Policies to Minimize Associated Risks

June 18, 2018

In October 2017, the White House declared the opioid addiction epidemic to be a “public health crisis.” Not surprisingly, according to an October 2017 article by Construction Dive, this crisis disproportionately affects the construction industry more than any other sector. With an aging workforce in a physically demanding industry,... Read More

Related Practices