Status of Proposed Cranes and Derricks Safety Standard Reviewed
December 16, 2005 — According to the latest edition of SC&RA's newsletter, progress on the proposed safety standard for cranes and derricks was discussed at the Advisory Committee on Construction Safety and Health (ACCSH) meeting in
As reported in the report, Keith Goddard, director of OSHA's Directorate of Evaluation and Analysis, said his office had completed its analysis of the proposed standard. Although the final review is not expected to be completed for another week or so, Goddard revealed that of the 75 crane-related fatalities annually (over a 10-year period), the revised standard could prevent 30 to 50 fatalities annually. He also noted that the standard could prevent 15,000 injuries annually.
The proposed standard resulted from the efforts of the Crane and Derrick Negotiated Rulemaking Advisory Committee (C-DAC). SC&RA participated in C-DAC, which met nearly every month for a year before achieving consensus on July 9, 2004. During the ACCSH meeting, C-DAC member Frank Migliaccio, executive director of safety for the Bridge, Structural and Ornamental Iron Workers and a member of ACCSH, asked for an explanation of the delay in the rulemaking process. Goddard replied that his directorate, already working with limited time and resources, had been forced by a court order to respond to concerns about occupational exposure to hexavalent chromium and was also addressing beryllium.
Noah Connell, Director of OSHA's Office of Construction Standards and Guidance, outlined the steps that would be taken when the proposed standard reached his office after Goddard's office finished its final review. First, a decision would be made whether a Small Business Regulatory Enforcement Fairness Act (SEBREFA) panel was necessary. If a panel is formed, it will have 120 days to issue a report, which OSHA would then use to consider changes to the C-DAC draft standard.
The standard next goes to the Solicitor's Office while Connell's office concurrently works on the Preamble. Once these steps are completed, the proposed standard, with revisions, is listed in the Federal Register for Public Comment. Despite indicating he had no idea when the regulatory process would be completed, Connell noted the standard was the top priority in the Directorate of Construction because of its commitment to the project and to the individuals who participated in the C-DAC Negotiated Rulemaking process.
"We're concerned about how long this process is taking," said Beth O'Quinn, SC&RA vice president—Crane & Rigging. "C-DAC worked hard in order to meet OSHA's deadline and to come up with a strong proposed standard. It's now a year and a half later, and it looks like a final rule is still years down the road."
