1. Jim Maddux, Director Directorate of Construction
OSHA/Directorate of Construction Update Crane and Rigging Workshop Louisville, KY September 19, 2012
Jim Maddux, Director
Directorate of Construction 1

2. DOC Update Standards Guidance & Outreach Enforcement
Crane interpretations
2012 Fall Prevention Campaign
Advisory Committee on Construction Safety and Health

3. Fatalities and Fatality Rates
in Construction
2006
2007
2008
2009
2010
2011
Fatalities
1239
1204
975
834
774
Coming End of Sept.
Fatalities per 100,000 workers
11.2
10.8
9.7
9.9
9.8
Source: BLS CFOI Data

4. Directorate of Construction Standards
Pre-Rule
Reinforcing and
Post-Tensioned
Steel Construction
Comments:
OSHA received fifteen unique comments from homebuilders, large construction companies, insurance services, concrete providers, equipment manufacturers, ironworkers, foundation drillers, post-tensioning systems manufacturers, safety professionals, trade unions, and shipbuilders.
Comments regarded training, competent persons, fall protection, rebar caps, safety products, site conditions, and injuries.
Around 80 or so comments were similar in that all commenters agreed that subpart “Q” was not adequate in addressing the issues of reinforcing steel and post-tensioned steel construction, training was adequate in “Q“ and that the negotiated rulemaking is the preferred method.

5. Directorate of Construction Standards
Pre-rule
Backing
Operations
Pre-rule (combined ) Backing Operations and Reinforcing and Post-Tensioned Steel Construction
Approved by OMB
Published in the Federal register on March, 29, 2012.
Comment period extended for 30 days for NAHB which ended July 27, 2012
Comments Received:
Comments for Backing Operations:
32 comments were received. Comments varied from recommending technological improvements e.g. back-up cameras, proximity alarms etc., and changing work practices…..(taking workers out of the back-up zone.)
Also , a very moving comment and story on a tragic incident by Christopher Augeri who lost his son on a nighttime highway project after a dump truck backed over him.
These comments and more are public record and available for review at

6. Directorate of Construction Standards
Standards Improvement Process (SIPs) IV
Remove or revise duplicative, unnecessary, and inconsistent safety and health standards
Without reducing workers' safety and health or imposing any additional economic burden on employers
SIPs IV
Examples for consideration.
Motor Vehicle, Mechanized Equipment, and Marine Operations standard for construction (29 CFR 1926, subpart O) that would explain that § (and not § ) covers vehicles that operate within an off-highway jobsite, while § (and not § ) covers “off-highway trucks.” A number of construction employers have complained to OSHA that the existing language of these standards is confusing The term “off-highway trucks” refers to trucks designed for moving materials in areas other than public roads, e.g., very large dump trucks that are too large to operate on most roads.
Revising the construction Signals, Signs, and Barricades standards (29 CFR 1926, subpart G), notably §§ and , to reference the most current version of the Manual on Uniform Traffic Control Devices (MUTCD-2009).
Underground construction - Updated decompression procedures typically use oxygen-enriched breathing mixtures during decompression, as well as decompression schedules that differ substantially from the schedules specified by the existing Appendix A tables. This action would permit employers to use decompression procedures that take advantage of new hyperbaric technologies used widely by private-sector and public-sector employers in the U.S. engaged in extreme hyperbaric exposures.
Another possible miscellaneous revision would involve revising the definitions of “stable rock” in § (b) and “layered system” in paragraph (b) of Appendix A of OSHA’s Excavation standard by clarifying the meaning of those terms so that employers will classify soil correctly at excavation sites. Incorrect classifications of soil types can endanger employees because, based on faulty soil classification, employers may use inappropriate safeguards to prevent cave-ins.

7. Directorate of Construction Standards
Final rules focused on construction
Cranes and derricks in underground construction and demolition
Cranes and derricks, digger derrick exemption
Cranes and derricks technical corrections
Confined spaces
Cranes
Litigation –
Cranes and derricks, digger derrick exemption – Nearly settled
Rail Roads Right of Way Unsettled
Crane Notes:
FR Notice: Revision of standards to apply subpart CC to subpart S Underground construction, Caissons, Cofferdams, and Compressed Air, and to Subpart T Demolition Status - Published 8/17/2012
FR Notice: Revision of exemption for Digger Derricks – in clearance
FR Notice: Revision of technical amendments to subpart CC-in review.

8. Construction Directives Under Development
Highway work zones
Cranes and derricks
Personal protective equipment
Construction chapter to FOM
Excavations/trenching
Highway work zones SOL review –
Cranes and Derricks – Directive in final review – Very complex (272 pages) – Expected to be sent to the Regions very soon.

9. Top 10 Crane Standards Cited
Signal person not qualified
(c)(3)
Materials not rigged by a qualified rigger
((a)(3)
No documentation for the signal person
(f)(1)
No annual inspections performed by a qualified person
(a)(2)
No determination for working radius closer than 20 feet to a power line.

10. Top 10 Crane Standards Cited
Operators manual, load charts, hazard warnings , etc.. not in the cab at all times
(d)(1)
A determination for safety was not made by competent person after a deficiency was noted during a visual inspection.
(e)(3)i)
Monthly crane inspection results, missing or signed documentation not maintained
(f)(2)
Inspections not performed annually by a qualified person or as specified
(f)(2)(xvii)
Missing labels supplied by the manufacturer

11. Crane Guidance Products
Cranes and derricks products
FAQs Published
Fact sheets
Letters of interpretation
Crane Products Update
Interpretation Letters
FY 2012 has produce 21 letters of interpretation (DOC still working on an additional 18 or more)
Frequently Asked Questions (FAQs)
FAQs
DOC has posted at least 50 FAQs which were last revised on May 10, FAQs are new. A new batch of FAQs is in the works which will address forklift issues among others.

12. Crane Letters of Interpretation
Identifying a work zone when working near a power line
Apprenticeship programs used to qualify riggers and signal persons
Hours of equipment operation versus practical exam for recertification
1st interp- provided illustrations of acceptable ways of identifying a work zone
2nd interp- described the requirements for riggers and signal persons and confirmed that some apprenticeship programs could help the employer assess and verify a rigger’s or signal person’s qualifications
3rd interp- discussed the requirements of the accrediting and testing processes and confirmed that an accreditation agency could specify a minimum hours of equipment operation, in lieu of a practical test, that could

13. Crane Letters of Interpretation
Operation of cranes derated by the manufacturer
Mast Climbing Scaffold used with hoisting attachments
Typical vertical mast forklift used with hoisting attachments
1st interp- discusses the conditions under which older or cranes or those with structural defects can still be used safely when rated by the manufacturer to operate only at diminished capacities
2nd interp- confirms conditions under which mast climbing scaffolds can be used with hoisting attachments and the employer would not have to meet requirements of both the cranes and scaffold standards
3rd interp- confirms conditions under which forklifts can be used with hoisting attachments and the employer would not have to meet requirements of both the materials handling and scaffold standards.

14. Crane Fact Sheets Five Fact Sheets discuss:
Significant changes, requirements, and benefits for the new rule.
Requirements for Assembly/Disassembly of a Crane
Signal Person and Rigger Qualifications
1st Fact Sheet- provides a brief list of significant changes in crane requirements provided by the new cranes standard. Good historical/technical information for the development of presentations and the performance of crane standards-related research projects.
2nd Fact Sheet- provides a condensed version of assembly/disassembly requirements including the responsibilities of employees who must perform tasks related to maintaining the safety of the work.
3rd and 4th Fact Sheet- provides further guidance to help the employer determine that signal persons and riggers meet the requirements of the crane standard. For example, the Fact Sheets provide discussions of what it means for a signal person or rigger to be qualified

15. Frequently Asked Questions on Cranes
Examples:
Delivery of a crane or materials with a crane to a worksite
The relationship between Local State and Federal Operator Certification Requirements
Operator Certification Process and Documentation
1st group- provides clarification for when an employee only delivering a rented crane to a construction does not have to be a certified operator; discusses the conditions under which an employer delivering materials to a construction site with an articulating knuckle-boom crane does not have to meet the requirements of the crane standard.
2nd group- discusses when local or state certifications are required by OSHA and how OSHA anticipates the state and local authorities will declare their licensing/certification programs’ compliance with the requirements of the crane standard.
3rd group- provides discussions of how the employer can verify that an operator has been properly certified based on questions raised about a certification program and the related documentation it provides to the operator.

16. Topics for Future FAQs and Interpretations
All are in various stages of research and concurrence. Topics include:
Extended reach forklifts used as a crane
Service drops
DC voltage
Articulating knuckle-boom cranes
Lifting burial vaults
Crane capacity and operator certification
Under what conditions would an extended-reach forklift be considered as being configured like a crane?
Is a service drop considered a power line for the application of the crane standard?
Is DC voltage covered by the cranes standard?
Must articulating knuckle-boom cranes be retrofitted to meet the requirement to have a position indicator device on their stabilizers or could they just meet the marking requirements of a referenced consensus standard instead?
Is the lifting and lowering of burial vaults into a grave considered construction work?
What methods of indicating type and capacity on an operator’s certification would OSHA consider acceptable?

17. Question to the audience…
Question to the audience…..As an OSHA compliance officer how would you look at this? Capacity, rigging issues or both? Hey! Just Kidding!!!

18. Deep South Crane and Rigging
Fatal Accident
Deep South Crane and Rigging
Company – Lyondell Basell Houston Refinery, Pasadena, TX
July 18,2008
Versa Crane TC36000 (2500 Ton)
Just a reality check. I can appreciate what you folks do everyday. This is a reminder on what can happen if we let our guard down.
This Versa Crane TC36000 (2500 ton) was in operation during the installation of an auxiliary counterweight during set-up for a 1 million pound lift. The operator raised the 450 foot boom to an angle beyond the specified limits of the boom stops thus compressing the stops until their ultimate failure, causing the crane to topple over backwards.
Consequently, 4 workers were killed including the operator. Six additional workers were injured.
Other damaged equipment (other than structures) included a Demag 86 ton crane used to assist in the assembly, a JLG aerial lift, and a bucket lift utility truck.

19. Fall Prevention Campaign Update
Poster
Tool Box Stickers
Pocket Cards
Front
l Construction Fact Sheets
Poster now available in Polish, Russian, and Spanish
Back

20.
Like NIOSH and CPWR, OSHA has a webpage too. This is our lead in page for the fall protection campaign and can be found at

21. Heat Illness Campaign Extended for 2012
Compliance assistance and outreach continues
Focus on preventing heat illness to outdoor workers.
Water, Rest, Shade
Fact Sheet and Posters English/Spanish
It’s been a long hot summer. While the summer season comes to a close in the northeast it lingers on in the south and west. Lets hope next year is not as bad.
Note: Just when you think that the summer season is almost over, your reminded that people can still die resulting from heat illness. DOC received a Novel Significant Case from Region VI proposing to cite an employer 5(a)(1) after an one of their employees died from heat stroke while laying down artificial turf.

22. Emerging Issues OSHA’s Distracted Driving Initiative
OSHA Distracted Driving – Should extend to distracted operation of equipment?
Caterpillar MotorGrader – Incident

23. Advisory Committee on Construction Safety and Health
Charter renewal with the Secretary's Office
New members selected
Notification sent to selected nominees.
Next meeting slated for December 2012
Minutes and transcripts from the May
meeting now posted on
OSHA/ACCSH web page

24. Questions?