SS - Cranes and Derricks 08-05 final 10am

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS FOR
THE STANDARD ON
CRANES AND DERRICKS IN CONSTRUCTION
(29 CFR PART 1926, SUBPART CC) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NUMBER 1218-0261 (August 2010)
JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.
The main objective of the Occupational Safety and Health Act of 1970 (i.e., “the Act”) is
to “assure so far as possible every working man and woman in the Nation safe and
healthful working conditions and to preserve our human resources” (29 U.S.C. 651). To
achieve this objective, the Act authorizes “the development and promulgation of
occupational safety and health standards” (29 U.S.C. 651).
Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this
subsection shall prescribe the use of labels or other appropriate forms of warning as are
necessary to insure that employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure.” This provision goes on to state that “[t]he
Secretary, in consultation with the Secretary of Health and Human Services, may by rule
promulgated pursuant to section 553 of title 5, United States Code, make appropriate
modifications in the foregoing requirements relating to the use of labels or other forms of
warning . . . as may be warranted by experience, information, or medical or technological
developments acquired subsequent to the promulgation of the relevant standard” (29
U.S.C. 655).
With regard to recordkeeping, the Act specifies that “[e]ach employer shall make, keep
and preserve, and make available to the Secretary . . . such records . . . as the Secretary . .
. may prescribe by regulation as necessary or appropriate for the enforcement of this Act .
. . .” (29 U.S.C. 657). The Act states further that “[t]he Secretary . . . shall prescribe such
rules and regulations as [he/she] may deem necessary to carry out [his/her]
responsibilities under this Act, including rules and regulations dealing with the inspection
of an employer’s establishment” (29 U.S.C. 657).

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The purpose of this Supporting Statement is to analyze and describe the burden hours and costs
associated with provisions of the Standard that contain paperwork requirements. Accordingly, this
Supporting Statement does not provide information or guidance on how to comply with, or how to enforce,
these provisions.

Under the authority granted by the Act, the Occupational Safety and Health
Administration (i.e., “OSHA” or “the Agency”) is publishing at 29 CFR part 1926,
subpart CC, a safety standard for the construction industry that regulates cranes and
derricks (i.e., “the standard"). Items 2 and 12 below describe in detail the specific
information collection requirements of the standard.
2. Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the Agency has made of the
information received from the current collection.
The standard specifies a number of collection of information requirements. Employers
and employees would use these collections of information to help ensure the safe
operation of equipment covered by the standard. The following sections describe who
would use the information collected under each requirement, as well as how they would
use it. In addition, the paperwork provisions of the standard specify requirements for
developing and maintaining a number of records and other documents. Further, OSHA
compliance safety and health officers would need the information to determine, during an
inspection, whether employers are complying with the requirements. The following
discussion identifies the sections of the standard that have collection of information
requirements, and describes the content and purpose of these requirements in detail.
The requirements are listed below by section. The specific paragraphs requiring the
collections of information are listed in brackets directly below the title for each section.
The full text of those paragraphs is included, along with additional headings and
paragraphs where necessary for context. The text of the paragraphs requiring information
collections are double underlined. The text of other provisions provided for context are
not underlined.
A. Scope (§ 1926.1400)
[§ 1926.1400(f)]
§ 1926.1400(f) --Where provisions of this standard direct an operator, crewmember, or
other employee to take certain actions, the employer must establish, effectively
communicate to the relevant persons, and enforce, work rules to ensure compliance with
such provisions.
Purpose: The purpose of the transfer of information specified in this paragraph is to
ensure that work rules are effectively communicated to those who are responsible for
implementing and complying with those rules. Paragraph 1926.1400(f) does not actually
require a separate collection of information because the collection of information is
actually required and accounted for in the applicable sections of subpart CC. Paragraph
1400(f) merely identifies the employer as the entity with the ultimate responsibility for
ensuring that the information is communicated, but the Agency is including paragraph
1400(f) in Item 2 to highlight the importance of this duty. The paperwork burdens that
apply to the information collections referenced in this section are included in the

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calculations for the applicable sections where the collection of information is actually
required.
B. Ground Conditions (§ 1926.1402)
[§ 1926.1402(c)(2)]
§ 1926.1402(c) -- The controlling entity shall:
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(2) -- Inform the user of the equipment and the operator of the location of hazards
beneath the equipment set-up area (such as voids, tanks, utilities) if those hazards are
identified in documents (such as site drawings, as-built drawings, and soil analyses) that
are in the possession of the controlling entity (whether at the site or off-site) or the
hazards are otherwise known to that controlling entity.

Purpose: The purpose of this exchange of information is to ensure that the equipment
operator is informed of hidden hazards beneath the equipment in set-up area so that the
operator, and any other user of equipment, can avoid the hazards or take precautions to
prevent the equipment from being set up unsafely.
C. Assembly/Disassembly -- Selection of Manufacturer or Employer Procedures
(§ 1926.1403)
[§ 1926.1403(b)]
§ 1926.1403 -- When assembling and disassembling equipment (or attachments), the
employer shall comply with either:
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§ 1926.1403(b) -- Employer procedures for assembly and disassembly. Employer
procedures may be used only where the employer can demonstrate that the procedures
used meet the requirements in § 1926.1406. NOTE: The employer must follow
manufacturer procedures when an employer uses synthetic slings during assembly or
disassembly rigging. (See § 1926.1404(r)).
Purpose: The purpose of requiring use of the procedures is to help ensure that the
employer and its employees use the correct information for safe assembly/disassembly of
the equipment. OSHA considers this requirement to be a usual and customary practice of
the industry. See, e.g., ANSI B.30.5-2000, section 5-3.1.3(k). However, OSHA also
recognizes that there may be a small number of employers who operate older models of
cranes that would have to meet the requirements as a new work practice. OSHA is taking
burden under Item 12 below for this small number of employers.

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D. Assembly/Disassembly - General Requirements (applies to all assembly and
disassembly operations) (§ 1926.1404)
[§ 1926.1404(d)(1), (d)(2), (f)(2), (h)(4), (h)(6), (j), (k), and (m)(1)(i)]
§ 1926.1404(d) -- Crew instructions.
(1) Before commencing assembly/disassembly operations, the A/D director must ensure
that the crew members understand all of the following:
(i) Their tasks.
(ii) The hazards associated with their tasks.
(iii) The hazardous positions/locations that they need to avoid.
(2) During assembly/disassembly operations, before a crew member takes on a different
task, or when adding new personnel during the operations, the requirements in paragraphs
(d)(1)(i) through (d)(1)(iii) of this section must be met.
Purpose: These communication requirements prevent struck-by and crushed-by injuries
and fatalities during A/D operations by ensuring that crew members are warned of
hazards associated that are identified prior to the commencement of A/D (paragraph
(d)(1)) or that are identified during the A/D process (paragraph (d)(2)). OSHA considers
this communication provision to be performance oriented and, therefore, is not taking
burden for the requirement under Item 12 below.
§ 1926.1404(f)(2) -- Exception. Where the employer demonstrates that site constraints
require one or more employees to be under the boom, jib, or other components when pins
(or similar devices) are being removed, the A/D director must implement procedures that
minimize the risk of unintended dangerous movement and minimize the duration and
extent of exposure under the boom. (See Non-mandatory Appendix B of this subpart for
an example.)
Purpose: The requirement prevents struck-by and crushed-by injuries and fatalities when
pins are being removed during A/D operations. The use of these procedures is also an
element in an effective training program as required by § 1926.21(b)(2). However,
OSHA recognizes that there may be a small number of employers for whom developing
an alternative A/D plan and exchanging this information with A/D employees would be
done as a new work practice. OSHA is taking burden under Item 12 below for this small
number of employers.
§ 1926.1404(h)(4) -- Verifying assist crane loads. When using an assist crane, the loads
that will be imposed on the assist crane at each phase of assembly/disassembly must be
verified in accordance with § 1926.1417(o)(3) before assembly/disassembly begins.
Purpose: The verification requirement ensures that the operator of the assist crane
avoids loading the equipment beyond its rated capacity and creating an unsafe condition.
OSHA believes this requirement is a usual and customary work practice in the industry
for several types of cranes, including assist cranes. See, e.g., ASME B30.3 (1996), Sec.
3-3.2.1 and ASME B30.5- 2000, section 5-3.2.1.1(c). Therefore, OSHA is not taking
burden for the requirement under Item 12 below.

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§ 1926.1404(h)(6) -- Center of gravity.
(i) The center of gravity of the load must be identified if that is necessary for the method
used for maintaining stability.
(ii) Where there is insufficient information to accurately identify the center of gravity,
measures designed to prevent unintended dangerous movement resulting from an
inaccurate identification of the center of gravity must be used. (See Non-mandatory
Appendix B of this subpart for an example.)
Purpose: This provision is necessary for the equipment operator to make determinations
that would ensure crane stability during operations and, therefore, prevent crane collapse
and unplanned movement of the load. However, OSHA considers acquiring this
information to be a usual and customary rigging practice in the industry and is not taking
burden for the requirement under Item 12 below.
§ 1926.1404(j) -- Cantilevered boom sections. Manufacturer limitations on the maximum
amount of boom supported only by cantilevering shall not be exceeded. Where these are
unavailable, a registered professional engineer familiar with the type of equipment
involved must determine in writing this limitation, which must not be exceeded.
Purpose: OSHA requires that a registered professional engineer’s calculated limitations
be in writing so that these limits can be readily referenced when the boom is going to be
supported by cantilevering alone. The requirement helps to ensure that the determination
is made in accordance with professional engineering practices.
§ 1926.1404(k) -- Weight of components. The weight of each component must be readily
available.
Purpose: The information requirement is necessary for the operator to accurately
calculate the weight of the loads, and would prevent the equipment from being
overloaded, resulting in possible crane collapse. It also would allow riggers to select
appropriate rigging equipment. OSHA believes that manufacturers already provide this
information for components, and have it readily available during hoisting operations (i.e.,
it is a usual and customary practice of the industry). Therefore, OSHA is not taking
burden for the requirement under Item 12 below.
§ 1926.1404(m) -- Components and configuration.
(1) The selection of components, and configuration of the equipment, that affect the
capacity or safe operation of the equipment must be in accordance with:
(i) Manufacturer instructions, prohibitions, limitations, and specifications. Where these
are unavailable, a registered professional engineer familiar with the type of equipment
involved must approve, in writing, the selection and configuration of components; or

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(ii) Approved modifications that meet the requirements of § 1926.1434 (Equipment
modifications).
Purpose: Improper selection or configuration of equipment can result in unplanned
movement or collapse of the equipment. The requirement of an engineer’s written
approval in § 1926.1404(m)(1)(i) ensures that employees engaged in A/D operations can
readily reference it to determine which components to select and how to configure them.
As required by 1926.1404(m)(1)(ii), the selection of components and configurations must
meet the requirements of § 1926.1434, which requires that modifications be approved by
the manufacturer or a registered professional engineer. In each case, the engineer’s
approval helps to ensure that the selections of components are made in accordance with
professional engineering practices. While OSHA is including a paperwork burden in
Item 13 for § 1926.1404(m)(1)(i), the burden for compliance with § 1926.1404(m)(1)(ii)
is included in the Item 13 burdens under § 1926.1434.
E. Assembly/Disassembly – employer procedures – general requirements (§
1926.1406) [§ 1926.1406(b)]
§ 1926.1406(b) -- Qualified person. Employer procedures must be developed by a
qualified person.
Purpose: Improper assembly or disassembly of equipment can result in unplanned
movement or collapse of the equipment. The requirement ensures that employerdeveloped procedures that vary from the manufacturer procedures are adequate to prevent
this hazard. A qualified person’s experience and judgment is necessary because there are
a number of complex factors that must be considered in the development of these
procedures. OSHA believes that it is a usual and customary practice throughout most of
the industry to have a qualified person develop alternative procedures, but there may be a
small number of employers for whom using a qualified person to develop alternative
procedures would be a new work practice. OSHA is taking burden under Item 12 below
for this small number of employers.
F. Power line safety (up to 350 KV) – assembly and disassembly (§ 1926.1407)
[§ 1926.1407(a)(1), (b)(1), (b)(3)(i)(D), (c), (d), (e), (f), and (g)]
§ 1926.1407 -- Power line safety (up to 350 kV) – assembly and disassembly.
(a) Before assembling or disassembling equipment, the employer must determine if any
part of the equipment, load line, or load (including rigging and lifting accessories) could
get, in the direction or area of assembly/disassembly. If so, the employer must meet the
requirements in Option (1), Option (2), or Option (3) of this section, as follows:
(1) Option (1) – Deenergize and ground. Confirm from the utility owner/operator that
the power line has been deenergized and visibly grounded at the worksite.

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Purpose: This information is necessary to prevent electrocution from errors in
deenergization or grounding. Because of the time and cost considerations in arranging
for the utility owner/operator to deenergize and ground the line, OSHA expects that this
option will be used very infrequently. However, OSHA is taking burden under Item 12
below for the small number of employers who may elect to proceed under this option.
§ 1926.1407(b) -- Preventing encroachment/electrocution. Where encroachment
precautions are required under Option (2), or Option (3) of this section, all of the
following requirements must be met:
(1) Conduct a planning meeting with the Assembly/Disassembly director (A/D director),
operator, assembly/disassembly crew and the other workers who will be in the
assembly/disassembly area to review the location of the power line(s) and the steps that
will be implemented to prevent encroachment/electrocution.
Purpose: The information exchange ensures that the operator and other employees who
will be in the vicinity of the crane or load are informed of where the power lines are and
are made aware of the protective methods used to prevent encroachment and
electrocution. OSHA considers this required exchange of information to be a usual and
customary practice in the industry. See, e.g., ASME B30.5-2004, section 5-3.4.5.3(a).
§ 1926.1407(b)(3) -- At least one of the following additional measures must be in place :
(i) Use a dedicated spotter who is in continuous contact with the equipment operator.
The dedicated spotter must:
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(D) Give timely information to the operator so that the required clearance distance can
be maintained.
Purpose: The standard requires that the operator receive the spotter’s information in a
timely manner or the operator may breach the minimum clearance distance, which could
result in injury or electrocution. OSHA considers this requirement to be a usual and
customary practice in the industry because it is specified by ASME standards as an
alternative to deenergizing the power line in. See ASME B30.5-2004, section 53.4.5.3(d) (requirement of qualified signalperson whose “sole responsibility is to verify
that the required clearance is maintained”). Therefore, OSHA is not taking burden for the
requirement under Item 12 below.
§ 1926.1407(c) -- Assembly/disassembly below power lines prohibited. No part of a
crane/derrick, load line, or load (including rigging and lifting accessories), whether
partially or fully assembled, is allowed below a power line unless the employer has
confirmed that the utility owner/operator has deenergized and (at the worksite) visibly
grounded the power line.

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Purpose: The required confirmation of deenergization and grounding ensures that
employees will not be exposed to an electrocution hazard from an energized line.
§ 1926.1407(d) -- Assembly/disassembly inside Table A clearance prohibited. No part of
a crane/derrick, load line, or load (including rigging and lifting accessories), whether
partially or fully assembled, is allowed closer than the minimum approach distance under
Table A (see § 1926.1408) to a power line unless the employer has confirmed that the
utility owner/operator has deenergized and (at the worksite) visibly grounded the power
line.
Purpose: The required confirmation of deenergization and grounding ensures that
employees will not be exposed to an electrocution hazard from an energized line.
§1926.1407(e) -- Voltage information. Where Option (3) of this section is used, the
utility owner/operator of the power lines must provide the requested voltage information
within two working days of the employer’s request.
Purpose: This requirement ensures that the employer proceeding under Option (3)
receives the necessary voltage information in a timely manner to avoid electrocution
hazards.
§ 1926.1407(f) -- Power lines presumed energized. The employer must assume that all
power lines are energized unless the utility owner/operator confirms that the power line
has been and continues to be deenergized and visibly grounded at the worksite.
Purpose: The required confirmation of deenergization and grounding ensures that
employees will not be exposed to an electrocution hazard from an energized line.
§1926.1407(g) -- Posting of electrocution warnings. There must be at least one
electrocution hazard warning conspicuously posted in the cab so that it is in view of the
operator and (except for overhead gantry and tower cranes) at least two on the outside of
the equipment.
Purpose: The requirement ensures that the operator and others who may be in the
vicinity of the equipment are adequately warned of the potential for electrocution if any
part of the machinery or load comes into contact with an energized power line. OSHA
considers this required exchange of information to be a usual and customary practice in
the industry. See, e.g., ASME B30.5-2004, section 5-3.4.5.2(d)(3) and (i).
G. Power line safety (up to 350 kV) - equipment operations (§ 1926.1408)
[§ 1926.1408(a)(2)(i), (b)(1), (b)(4)(ii)(D), (c), (d)(1), (e), (g), and Table A]
§ 1926.1408(a) -- Hazard assessments and precautions inside the work zone. Before
beginning equipment operations, the employer must:
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(2) Determine if any part of the equipment, load line or load (including rigging and
lifting accessories), if operated up to the equipment’s maximum working radius in the
work zone, could get closer than 20 feet to a power line. If so, the employer must meet
the requirements in Option (1), Option (2), or Option (3) of this section, as follows:
(i) Option (1) – Deenergize and ground. Confirm from the utility owner/operator that
the power line has been deenergized and visibly grounded at the worksite.
Purpose: This information is necessary to prevent electrocution from errors in
deenergization or grounding. Because of the time and cost considerations in arranging
for the utility owner/operator to deenergize and ground the line, OSHA expects that this
option will be used very infrequently. However, OSHA is taking burden under Item 12
below for the small number of employers who may elect to proceed under this option.
§ 1926.1408(b) -- Preventing encroachment/electrocution. Where encroachment
precautions are required under Option (2) or Option (3) of this section, all of the
following requirements must be met:
(1) Conduct a planning meeting with the operator and the other workers who will be in
the area of the equipment or load to review the location of the power line(s), and the steps
that will be implemented to prevent encroachment/electrocution.
Purpose: The information exchange ensures that the operator and other employees who
will be in the vicinity of the crane or load are informed and aware of the protective
methods used to prevent equipment from contacting energized power lines at the
worksite. OSHA considers this required exchange of information to be a usual and
customary practice in the industry, and is not taking any burden for it. See, e.g., ASME
B30.5-2004; section 5-3.4.5.4(a).
§ 1926.1408(b)(4)(ii) -- A dedicated spotter who is in continuous contact with the
operator. Where this measure is selected, the dedicated spotter must:
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(D) -- Give timely information to the operator so that the required clearance distance can
be maintained.
Purpose: The requirement ensures the safe operation of the equipment in the vicinity of
an energized power line. A dedicated spotter must give timely information to the
operator so that the required clearance distance can be effectively maintained. OSHA
considers this requirement to be a usual and customary practice in the industry because it
is specified by ASME as an alternative to deenergizing the power line in. See ASME
B30.5-2004, section 5-3.4.5.3(d) (requirement of qualified signalperson whose “sole
responsibility is to verify that the required clearance is maintained.”) Therefore, OSHA
is not taking burden for the requirement under Item 12 below.

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§ 1926.1408(c) -- Voltage information. Where Option (3) of this section is used, the
utility owner/operator of the power lines must provide the requested voltage information
within two working days of the employer’s request.
Purpose: This requirement ensures that the employer proceeding under Option (3)
receives the necessary voltage information in a timely manner to avoid electrocution
hazards.
§ 1926.1408(d) -- Operations below power lines. (1) No part of the equipment, load
line, or load (including rigging and lifting accessories) is allowed below a power line
unless the employer has confirmed that the utility owner/operator has deenergized and (at
the worksite) visibly grounded the power line, except where one of the exceptions in
paragraph (d)(2) of this section applies.
Purpose: The required confirmation of deenergization and grounding ensures that
employees will not be exposed to an electrocution hazard from an energized line.
§ 1926.1408(e) -- Power lines presumed energized. The employer must assume that all
power lines are energized unless the utility owner/operator confirms that the power line
has been and continues to be deenergized and visibly grounded at the worksite.
Purpose: The required confirmation of deenergization and grounding ensures that
employees will not be exposed to an electrocution hazard from an energized line.
§ 1926.1408(g) -- Training.
(1) The employer must train each operator and crew member assigned to work with the
equipment on all of the following:
(i) The procedures to be followed in the event of electrical contact with a power line.
Such training must include:
(A) Information regarding the danger of electrocution from the operator simultaneously
touching the equipment and the ground.
(B) The importance to the operator’s safety of remaining inside the cab except where
there is an imminent danger of fire, explosion, or other emergency that necessitates
leaving the cab.
(C) The safest means of evacuating from equipment that may be energized.
(D) The danger of the potentially energized zone around the equipment (step potential).
(E) The need for crew in the area to avoid approaching or touching the equipment and
the load.

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(F) Safe clearance distance from power lines.
(ii) Power lines are presumed to be energized unless the utility owner/operator confirms
that the power line has been and continues to be deenergized and visibly grounded at the
worksite.
(iii) Power lines are presumed to be uninsulated unless the utility owner/operator or a
registered engineer who is a qualified person with respect to electrical power
transmission and distribution confirms that a line is insulated.
(iv) The limitations of an insulating link/device, proximity alarm, and range control (and
similar) device, if used.
(v) The procedures to be followed to properly ground equipment and the limitations of
grounding.
(2) Employees working as dedicated spotters must be trained to enable them to
effectively perform their task, including training on the applicable requirements of this
section.
(3) Training under this section must be administered in accordance with § 1926.1430(g).
Purpose: This provision requires that employees be informed of potential electrocution
hazards and protective methods that the employer will use to prevent equipment from
contacting energized power lines. OSHA considers this training provision to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and
therefore, is not taking burden for the requirement under Item 12 below.
§1926.1408, Table A, minimum clearance distance that must be maintained for over
1,000 (nominal, kV, alternating current) -- as established by the utility owner/operator or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution.
Purpose: The requirement is necessary to ensure that minimum clearance distances for
employees performing work in the vicinity of power lines of over 1000 kV are accurately
determined only by qualified persons, thereby preventing employee electrocutions.
H. Power line safety (0ver 350 kV) (§ 1926.1409)
[All of § 1926.1409]
§ 1926.1409(a) The requirements of §§ 1926.1407 and 1408 apply to power lines over
350 kV, except that wherever the distance “20 feet” is specified, the distance “50 feet”
shall be substituted.

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Purpose: This provision serves the same purpose identified above for §§ 1926.1407 and
1408. Therefore, the paperwork burdens for this section will be included in the burdens
calculated for § 1926.1407 and 1408.
§ 1926.1409(b) For power lines over 1000 kV, the minimum clearance distance must be
established by the utility owner/operator or registered professional engineer who is a
qualified person with respect to electrical power transmission and distribution.
Purpose: The Agency believes the calculation of the minimum clearance distance by the
employer is an appropriate substitute for the information from the utility owner/operator
only where the calculation is made by a registered professional engineer. This
information is necessary to make further determinations that could affect the safe
operation of the equipment in the vicinity of energized power lines.
I. Power line safety (all voltages)- equipment operations closer than Table A zone
(§ 1926.1410)
[§ 1926.1410(c)(1), (d) introductory text, (d)(2)(iv), (e), (f), (j), and (m)]
§1926.1410 -- Equipment operations in which any part of the equipment, load line or load
(including rigging and lifting accessories) is closer than the minimum approach distance
under Table A to an energized power line is prohibited, except where the employer
demonstrates that the following requirements are met:
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§ 1926.1410(c)(1) -- The power line owner/operator or registered professional engineer
who is a qualified person with respect to electrical power transmission and distribution
determines the minimum clearance distance that must be maintained to prevent electrical
contact in light of the on-site conditions. The factors that must be considered in making
this determination include, but are not limited to: conditions affecting atmospheric
conductivity; time necessary to bring the equipment, load line, and load (including
rigging and lifting accessories) to a complete stop; wind conditions; degree of sway in the
power line; lighting conditions, and other conditions affecting the ability to prevent
electrical contact.
Purpose: The Agency believes the methods of protection specified in § 1926.1410 are
appropriate substitutes for the methods specified in § 1926.1408 only when the employer
makes the required infeasibility determination. Therefore, obtaining the specified
information is necessary to make further determinations that could affect the safe
operation of the equipment in the vicinity of energized power lines.
§ 1926.1410(d) -- A planning meeting with the employer and utility owner/operator (or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution) is held to determine the procedures that will be followed to
prevent electrical contact and electrocution. At a minimum these procedures must
include:

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(2) A dedicated spotter who is in continuous contact with the operator. The dedicated
spotter must:
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(iv) -- Give timely information to the operator so that the required clearance distance can
be maintained.
Purpose: The meeting requirement in § 1926.1410(d) ensures that qualified persons
contribute to planning procedures that address the safe operation of equipment in the
vicinity of energized power lines (e.g., no closer than the minimum approach distances
specified by Table A of this subpart). OSHA noted in the estimates of paperwork burden
accompanying the proposed rule that although pre-shift meetings are usual and customary
practices in the industry, it was not certain whether meetings with the utility
owners/operators are usual and customary. Therefore, OSHA took burden for meetings
with utility owners/operators under Item 12 in the proposal. Upon further review of the
applicable consensus standards, the Agency determines that the involvement of a
representative of the utility owner/operator is usual and customary in the industry. See,
e.g., ASME B30.5-2004 5-3.4.5.3(a). However, the Agency recognizes that the
involvement of a registered professional engineer in the planning meeting is not
specifically addressed in the consensus standard and may not be usual and customary in
the industry, so the Agency is taking burden under Item 13 below to address the
possibility that an employer may elect that option.
The requirement in § 1926.1410(d)(2)(iv) ensures the safe operation of equipment being
operated in the vicinity of an energized power line. A dedicated spotter must give timely
information to the operator so that the required clearance distance can be effectively
maintained. OSHA considers this required exchange of information to be a usual and
customary practice in the industry. See, e.g., ASME B30.5-2004 section 5-3.4.5.3(d).
§ 1926.1410(e) -- The procedures developed to comply with paragraph (d) of this section
are documented and immediately available on-site.
Purpose: The documentation requirement ensures that these procedures are available to
be used as a reference when hoisting operations are conducted.
§ 1926.1410(f) -- The equipment user and utility owner/operator (or registered
professional engineer) meet with the equipment operator and the other workers who will
be in the area of the equipment or load to review the procedures that will be implemented
to prevent breaching the minimum approach distance established in paragraph (c) of this
section and prevent electrocution.

13

Purpose: The meeting requirement is necessary to help ensure that the operator and
other employees understand this critical information. OSHA recognizes that although
pre-shift meetings with utility owners/operators are usual and customary practices in the
industry, meetings involving both utility owners/operators and all “other worker who will
be in the area” are not specifically addressed by consensus standards and therefore the
utility representative’s participation may not be usual and customary. Therefore, OSHA
is taking burden for these meetings under Item 12 below. Moreover, the Agency is
taking burden under Item 13 below to address the possibility that an employer may elect
the involvement of a registered professional engineer in the planning meeting.
§ 1926.1410(j) -- If a problem occurs implementing the procedures being used to comply
with paragraph (d) of this section, or indicating that those procedures are inadequate to
prevent electrocution, the employer must safely stop operations and either develop new
procedures to comply with paragraph (d) of this section or have the utility owner/operator
deenergize and visibly ground or relocate the power line before resuming work.
Purpose: The requirement ensures that the employer communicates any modifications to
safety procedures to employees who must work in the vicinity of operating equipment
and energized power lines. OSHA recognizes that some employers will conduct these
meetings as a new work practice and, therefore, is taking burden for these employers in
Item 12 below.
§ 1926.1410(m) -- The employer must train each operator and crew member assigned to
work with the equipment in accordance with § 1926.1408(g).
Purpose: This provision requires that operators and crew be informed of potential
electrocution hazards and protective methods that the employer will use to prevent
equipment from contacting energized power lines. OSHA considers this training
provision to be performance oriented, as well as similar to the requirements in §
1926.21(b)(2), and therefore, is not taking burden for the requirement under Item 12
below.
J. Power line safety - while traveling under or near power lines with no load. (§
1926.1411)
[§ 1926.1411(b)(4)(iii) and Table T]
§ 1926.1411(b)(4) -- Dedicated spotter. If any part of the equipment while traveling will
get closer than 20 feet to the power line, the employer must ensure that a dedicated
spotter who is in continuous contact with the driver/operator is used. The dedicated
spotter must:
*

*

*

(iii) -- Give timely information to the operator so that the required clearance distance can
be maintained.

14

Purpose: The provision requires that the operator receive the spotter’s information in a
timely manner or the operator may breach the minimum clearance distance, resulting in
injury or electrocution. OSHA considers this requirement to be a usual and customary
practice in the industry as it is specified as an alternative to deenergizing the power line
in ASME B30.5-2004 section 5-3.4.5(a)(4).
§ 1926.1411, Table T, minimum clearance distance that must be maintained for over
1,000 (nominal, kV, alternating current) -- as established by the utility owner/operator or
registered professional engineer who is a qualified person with respect to electrical power
transmission and distribution)
Purpose: This information requirement is necessary to ensure that the minimum
clearance distances for employees performing work in the vicinity of power lines of over
1000 kV are accurately determined only by qualified persons.
K. Inspections (§ 1926.1412)
[§ 1926.1412(a)(1)(i), (b)(1)(ii)(A), (c)(2)(i), (d)(2), (e)(3)(i) and (ii), (f)(5), (f)(6), (f)(7),
(g)(3), (h), and (k)]
§ 1926.1412(a)(1) -- Equipment that has had modifications or additions which affect the
safe operation of the equipment (such as modifications or additions involving a safety
device or operational aid, critical part of a control system, power plant, braking system,
load-sustaining structural components, load hook, or in-use operating mechanism) or
capacity must be inspected by a qualified person after such modifications/additions have
been completed, prior to initial use. The inspection must meet all of the following
requirements:
§ 1926.1412(a)(1)(i) -- The inspection must assure that the modifications or additions
have been done in accordance with the approval obtained pursuant to § 1926.1434
(Equipment modifications).
Purpose: The provision ensures that employers prevent unsafe modifications of the
equipment by using the determinations made by a qualified person.
§ 1926.1412(b) -- Repaired/adjusted equipment.
(1) -- Equipment that has had a repair or adjustment that relates to safe operation (such
as: a repair or adjustment to a safety device or operator aid, or to a critical part of a
control system, power plant, braking system, load-sustaining structural components, load
hook, or in-use operating mechanism), must be inspected by a qualified person after such
a repair or adjustment has been completed, prior to initial use. The inspection must meet
all of the following requirements:
*

*

*

15

(i) The qualified person must determine if the repair/adjustment meets manufacturer
equipment criteria (where applicable and available).
(ii) Where manufacturer equipment criteria are unavailable or inapplicable, the qualified
person must:
(A) -- Determine if a registered professional engineer (RPE) is needed to develop criteria
for the repair/adjustment. If an RPE is not needed, the employer must ensure that the
criteria are developed by the qualified person. If an RPE is needed, the employer must
ensure that they are developed by an RPE.
Purpose: The provision ensures that employers prevent unsafe repairs/adjustments of the
equipment by using only the determinations made by a qualified person or, as determined
by the qualified person, an RPE, when inapplicable or unavailable from the manufacturer.
§ 1926.1412(c)(2) -- Where manufacturer equipment criteria are unavailable, a qualified
person shall:
(i) -- Determine if a registered professional engineer (RPE) familiar with the type of
equipment involved is needed to develop criteria for the equipment configuration. If an
RPE is not needed, the employer shall ensure that the criteria are developed by the
qualified person. If an RPE is needed, the employer shall ensure that they are developed
by an RPE.
Purpose: This information requirement ensures that the qualified person or RPE
references appropriate criteria, when unavailable from the manufacturer, to make
determinations regarding the safety of the equipment’s configuration.
§ 1926.1412(d)(2) -- If any deficiency in paragraphs (d)(1)(i) through (xiii) of this section
(or in additional inspection items required to be checked for specific types of equipment
in accordance with other sections of this standard) is identified, an immediate
determination must be made by the competent person as to whether the deficiency
constitutes a safety hazard. If the deficiency is determined to constitute a safety hazard,
the equipment must be taken out of service until it has been corrected. See § 1926.1417.
Purpose: The information exchange requirement in § 1926.1417(f) ensures that
employees can identify unsafe components of the equipment because they are tagged as
out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.
§ 1926.1412(e)(1) -- Each month the equipment is in service it must be inspected in
accordance with paragraph (d) (each shift) of this section.
*

*

*

16

§ 1926.1412(e)(3) -- Documentation.
(i) The following information must be documented and maintained by the employer that
conducts the inspection:
(A) The items checked and the results of the inspection.
(B) The name and signature of the person who conducted the inspection and the date.
ii) This document must be retained for a minimum of three months.
Purpose: The documentation requirement ensures that the employer has a reliable
inspection system in place. In addition, it notifies and/or reminds the individual
conducting monthly inspections to check deficiencies identified in the
annual/comprehensive inspection as needing follow-up monitoring (see paragraph (f)(6)
of this section). Finally, the documentation serves as a reference for tracking changes in
the condition of the equipment from month to month.
The three-month retention requirement in §1926.1412(e)(3)(ii) increases the likelihood
that employers will implement systems for conducting and responding to inspections;
failure to do so would be apparent if a record was not made and retained. Requiring the
signature of the inspector would induce the inspector to ensure that the inspection was
conducted correctly. In addition, this requirement creates a record that the employer will
use to track developing problems so that they can be corrected in time to ensure
continued safe operation of the equipment.
§ 1926.1412(f)(5) -- If the qualified person determines that a deficiency is a safety
hazard, the equipment must be taken out of service until it has been corrected, except
when temporary alternative measures are implemented as specified in § 1926.1416(d) or
§ 1926.1435(e). See § 1926.1417.
Purpose: The information exchange requirement in § 1926.1417(f) ensures that
employees can identify unsafe components of the equipment because they are tagged as
out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.
§ 1926.1412(f)(6) -- If the qualified person determines that, though not presently a safety
hazard, the deficiency needs to be monitored, the employer must ensure that the
deficiency is checked in the monthly inspections.
Purpose: The documentation requirement that is implicated for future monitoring
ensures that employers respond appropriately to deficiencies identified in
annual/comprehensive inspections. The requirement also ensures that a deficiency that is
not yet a safety hazard, but may develop into one, is monitored on a monthly basis so that
developing hazards are communicated to appropriate personnel and corrected before

17

endangering employees. The burden for the documentation required under this paragraph
is taken under § 1926.1412(k).
§ 1926.1412(f)(7) -- Documentation of annual/comprehensive inspection. The following
information must be documented, maintained, and retained for a minimum of 12 months,
by the employer that conducts the inspection:
(i) The items checked and the results of the inspection.
(ii) The name and signature of the person who conducted the inspection and the date.
Purpose: The documentation requirement ensures that the employer has a reliable
inspection system in place. Safety is also promoted by ensuring that a record of the items
checked and the inspection results are maintained for at least 12 months so that the
employer can track past deficiencies and potential hazards associated with the equipment.
This information helps the qualified person assess the equipment in subsequent
annual/comprehensive inspections.
§ 1926.1412(g) -- Severe service. Where the severity of use/conditions is such that there
is a reasonable probability of damage or excessive wear (such as loading that may have
exceeded rated capacity, shock loading that may have exceeded rated capacity, prolonged
exposure to a corrosive atmosphere), the employer must stop using the equipment and a
qualified person must:
(1) Inspect the equipment for structural damage to determine if the equipment can
continue to be used safely.
(2) In light of the use/conditions determine whether any items/conditions listed in
paragraph (f) of this section need to be inspected; if so, the qualified person must inspect
those items/conditions.
(3) If a deficiency is found, the employer must follow the requirements in paragraphs
(f)(4) through (6) of this section.
Purpose: The inspection and documentation requirements are necessary to help ensure
that critical items and components of equipment used in severe service are effectively
monitored to prevent failures.
§ 1926.1412(h) -- Equipment not in regular use. Equipment that has been idle for 3
months or more must be inspected by a qualified person in accordance with the
requirements of paragraph (e) (Monthly) of this section before initial use.
Purpose: The inspection, and documentation required by § 1926.1412(e), are necessary
to help identify and facilitate monitoring of problems with equipment that has not been in
regular use. OSHA believes this provision helps protect employees from hazards that
may occur when worn or damaged equipment is used without an effective inspection.

18

§ 1926.1412(k) -- All documents produced under this section must be available, during
the applicable document retention period, to all persons who conduct inspections under
this section.
Purpose: This documentation requirement ensures that employees who must perform
required inspections have necessary maintenance history information available to them
when determinations must be made regarding the safety of the equipment.
L. Wire Rope—Inspection (§ 1926.1413)
[§ 1926.1413(a)(4)(i)(A), (a)(4)(ii)(A), (a)(4)(ii)(B), (a)(4)(iii)(A), (a)(4)(iv), (b)(1),
(b)(4), (c)(1), (c)(3)(i)(A), (c)(3)(ii), (c)(4), and (e)]
§ 1926.1413(a) -- Shift inspection.
*

*

*

(2)(ii) -- Category II. Apparent deficiencies in this category are:
(A) Visible broken wires, as follows:
(1) In running wire ropes: six randomly distributed broken wires in one rope lay or three
broken wires in one strand in one rope lay, where a rope lay is the length along the rope
in which one strand makes a complete revolution around the rope.
(2) In rotation resistant ropes: two randomly distributed broken wires in six rope
diameters or four randomly distributed broken wires in 30 rope diameters.
(3) In pendants or standing wire ropes: more than two broken wires in one rope lay
located in rope beyond end connections and/or more than one broken wire in a rope lay
located at an end connection.
(B) A diameter reduction of more than 5% from nominal diameter.
*

*

*

*

*

(4) Removal from service.
(i) If a deficiency in Category I (see paragraph (a)(2)(i) of this section) is identified, an
immediate determination must be made by the competent person as to whether the
deficiency constitutes a safety hazard. If the deficiency is determined to constitute a
safety hazard, operations involving use of the wire rope in question must be prohibited
until:
(A) The wire rope is replaced (see § 1926.1417), or
*

*

*

19

(ii) If a deficiency in Category II (see paragraph (a)(2)(ii) of this section) is identified,
operations involving use of the wire rope in question must be prohibited until:
(A) The employer complies with the wire rope manufacturer’s established criterion for
removal from service or a different criterion that the wire rope manufacturer has
approved in writing for that specific wire rope (see § 1926.1417),
(B) The wire rope is replaced (see § 1926.1417), or
*

*

*

(iv) Where a wire rope is required to be removed from service under this section, either
the equipment (as a whole) or the hoist with that wire rope must be tagged-out, in
accordance with § 1926.1417(f)(1), until the wire rope is repaired or replaced.
Purpose: This section compliance option is designed to allow the employer to utilize the
manufacturer’s expertise to determine wire rope removal criteria. The documentation
requirement in § 1926.1413(a)(4)(ii)(A) provides a reference for employees who must
make determinations about the safety of damaged wire rope to prevent crushed-by and
struck-by hazards resulting from equipment failure or falling loads. The provisions of §
1926.1413(a)(4)(i)(A), (a)(4)(ii)(B), and (a)(4)(iv), which trigger the information
exchange requirement in § 1926.1417(f), ensures that employees can identify unsafe
components of the equipment because they are tagged as out of service. OSHA considers
this tag-out requirement to be a usual and customary work practice in the industry. See,
e.g., ASME B30.5-2004 5-2.3.2(b). Therefore, OSHA is taking burden for the
documentation requirement in § 1926.1413(a)(4)(ii)(A), but is not taking burden for the
paperwork requirements of the other provisions, in Item 12 below.
Note: Proposed paragraph 1926.1413(a)(4)(v) was redesignated as §
1926.1413(a)(4)(iv) in the final rule. Proposed paragraph 1926.1413(a)(4)(iii)(F) was not
included in the final rule.
§ 1926.1413(b)(1) -- Each month an inspection must be conducted in accordance with
paragraph (a) (shift inspection) of this section.
Purpose: The inspection requirement applies the removal of service and tag-out
requirements of paragraph (a) to the monthly inspections in paragraph (b). Tagging out
equipment that is not functioning properly ensures that employees can identify unsafe
components of the equipment to avoid unsafe operation. OSHA considers this tag-out
requirement to be a usual and customary work practice in the industry. See, e.g., ASME
B30.5-2004 5-2.3.2(b). Therefore, OSHA is taking burden for the documentation
requirement in § 1926.1413(a)(4)(ii)(A), but is not taking burden for the paperwork
requirements of the other provisions, in Item 12 below.
§ 1926.1413(b)(4) -- The inspection must be documented according to § 1926.1412(e)(3)
(monthly inspection documentation).

20

Purpose: The documentation requirement serves to notify and/or remind the individual
conducting the monthly wire rope inspection to check deficiencies that were identified in
the annual/comprehensive wire rope inspection as needing follow-up monitoring (see §
1926.1413(c)(3)(ii)). The documentation allows employers to track changes in the
condition of the damaged wire rope from month to month. OSHA concludes that, by
documenting this information with other monthly-inspection information, the employer
facilitates the tracking of wire rope damage.
Note: Proposed 1926.1413(b)(3) was redesignated as 1926.1413(b)(4) in the final
rule.
§ 1926.1413(c) -- Annual/comprehensive.
(1) At least every 12 months, wire ropes in use on equipment must be inspected by a
qualified person in accordance with paragraph (a) of this section (shift inspection).
*

*

*

(3) If a deficiency is identified, an immediate determination must be made by the
qualified person as to whether the deficiency constitutes a safety hazard..
(i) If the deficiency is determined to constitute a safety hazard, operations involving use
of the wire rope in question must be prohibited until:
(A) The wire rope is replaced (see § 1926.1417), or
*
*
*
(ii) If the qualified person determines that, though not presently a safety hazard, the
deficiency needs to be monitored, the employer must ensure that the deficiency is
checked in the monthly inspections.
*

*

*

(4) -- The inspection shall be documented according to § 1926.1412(f)(7)
(annual/comprehensive inspection documentation).
Purpose: The inspection requirement in § 1926.1413(c)(1) applies the removal of
service and tag-out requirements of paragraph (a) to the monthly inspections in paragraph
(c). The information collection in § 1926.1413(c)(3)(i)(A) is also a tag-out requirement.
Tagging out equipment that is not functioning properly ensures that employees can
identify unsafe components of the equipment. OSHA considers this tag-out requirement
to be a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004
5-2.3.2(b). Therefore, OSHA is not taking burden for the paperwork requirements of §
1926.1413(c)(1) or (c)(3)(i)(A) in Item 12 below.

21

The information exchange requirement in § 1926.1413(c)(3)(ii) ensures that employers
maintain a record of deficiencies identified in the annual/comprehensive inspection as a
reference for employees who must make determinations about wire rope damage. The
documentation can be used on a monthly basis to track developing problems so that they
can be corrected in time to ensure continued safe operation of the equipment. OSHA is
including the burden associated with this documentation requirement as part of the Item
12 calculations for the monthly inspection documentation required by § 1926.1413(b)(4).
The documentation required in § 1926.1413(c)(4) is necessary to ensure that the crane
operator has a reference to confirm that the required annual/comprehensive wire-rope
inspection was completed. The results of this annual inspection are accessible for at least
twelve months to help employers and wire-rope inspectors monitor and prevent potential
equipment failures.
§ 1926.1413(e) -- All documents produced under this section must be available, during
the applicable document retention period, to all persons who conduct inspections under
this section.
Purpose: This documentation requirement ensures that employees who must perform
required inspection have wire rope-maintenance history available to them when
determinations must be made regarding the safety of the equipment.
M. Wire Rope – Selection and installation criteria (§ 1926.1414)
[§ 1926.1414(e)(2)(iii), (e)(3)(i), and (e)(3)(iii)]
Note: The content of § 1926.1414(c)(2)(iii), (c)(3)(i), and (c)(3)(iii) was included
in the final rule as § 1926.1414(e)(2)(iii), (e)(3)(i), and (e)(3)(iii).
§ 1926.1414(e) -- Rotation resistant ropes.
§ 1926.1414(e)(2) -- Requirements.
*

*

*

(iii) Type I must have an operating design factor of no less than 5, except where the wire
rope manufacturer and the equipment manufacturer approves the design factor, in
writing.
Purpose: The requirement ensures that the technical expertise of manufacturers is
utilized when determinations are made about minimum safety factors for wire rope.
Employers must reference these safety factors to determine if a wire rope can be used
safely under different lift conditions.
§1926.1414(e)(3)(i) -- A qualified person must inspect the rope in accordance with §
1926.1413(a). The rope must be used only if the qualified person determines that there

22

are no deficiencies constituting a hazard. In making this determination, more than one
broken wire in any one rope lay must be considered a hazard.
Purpose: The requirement that a qualified person conduct an inspection under paragraph
1413(a), which must be documented pursuant to §1926.1414(e)(3)(iii), ensures that using
a damaged wire rope will not result in a safety hazard.
§1926.1414(e)(3)(iii) -- Each lift made under § 1926.1414(e)(3) must be recorded in the
monthly and annual inspection documents. Such prior uses must be considered by the
qualified person in determining whether to use the rope again.
Purpose: Documenting each lift completed with a damaged wire rope as required by this
provision allows the qualified person to assess deterioration of the wire rope over time
based on how the rope is used. This assessment enables the employer to identify lifts that
may increase the rate of deterioration and, by avoiding these lifts, improve wire-rope
safety.
N. Safety Devices (§ 1926.1415)
[§ 1926.1415(a)(1)(ii), (a)(7)(ii), and (b)]
§1926.1415(a)(1)(ii) -- If a built-in crane level indicator is not working properly, it must
be tagged-out or removed. If a removable crane level indicator is not working properly, it
must be removed.
Purpose: Tagging-out a deficient crane-level indicator is essential to communicate to the
operator that the level is not working, and to prevent the operation of the equipment
under unsafe conditions. If a malfunctioning crane-level indicator is not tagged-out, the
operator may rely on it and set up the equipment in an unsafe manner, causing the
equipment to tip over. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.
§ 1926.1415(a)(7)(ii) -- If a built-in horn is not working properly, it must be tagged-out
or removed. If a removable horn is not working properly, it must be removed.
Purpose: Tagging-out a deficient horn is essential to communicate to the operator that
the horn is not working before the horn is needed to signal employees or warn them of
hazards. OSHA considers this tag-out requirement to be a usual and customary work
practice in the industry because tagging-out malfunctioning construction equipment is
specified by § 1926.20(b)(3). Therefore, OSHA is not taking burden for this paperwork
requirement in Item 12 below.
§ 1926.1415(b) -- Proper operation required. Operations must not begin unless all of the
devices listed in this section are in proper working order. If a device stops working
properly during operations, the operator must safely stop operations. If any of the
devices listed in this section are not in proper working order, the equipment must be

23

taken out of service and operations must not resume until the device is again working
properly. See § 1926.1417 (Operation). Alternative measures are not permitted to be
used.
Purpose: The proper operation of the safety devices is crucial for the safe operation of
the equipment. This provision ensures that the equipment will be tagged out of service if
any of these devices are not functioning properly. The information exchange requirement
in § 1926.1417(f) ensures that employees can identify unsafe components of the
equipment because they are tagged as out of service. OSHA considers this tag-out
requirement to be a usual and customary work practice in the industry. See, e.g., ASME
B30.5-2004 5-2.3.2(b). Therefore, OSHA is not taking burden for this paperwork
requirement in Item 12 below.
O. Operational Aids (§ 1926.1416)
[§ 1926.1416(d) introductory text, (e) introductory text, (e)(4)(i), and (e)(4)(ii)]
§ 1926.1416(d) -- Category I operational aids and alternative measures. Operational
aids listed in this paragraph that are not working properly must be repaired no later than 7
calendar days after the deficiency occurs. Exception: If the employer documents that it
has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts.
See § 1926.1417(j) for additional requirements.
Purpose: This provision serves as an administrative control to ensure that employers
order replacements for, and replace in a timely manner, defective operational aids on
equipment that remains in service. OSHA concludes that employers in the industry, as a
usual and customary practice, maintain for accounting purposes purchasing orders and
receipts for parts, and that they will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1416(e) -- Category II operational aids and alternative measures. Operational
aids listed in this paragraph that are not working properly must be repaired no later than
30 calendar days after the deficiency occurs. Exception: If the employer documents that
it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days,
the repair must be completed within 7 calendar days of receipt of the parts. See §
1926.1417(j) for additional requirements.
Purpose: This provision serves as an administrative control to ensure that employers
order replacements for, and replace in a timely manner, defective operational aids on
equipment that remains in service. OSHA concludes that employers in the industry, as a
usual and customary practice, maintain for accounting purposes purchasing orders and
receipts for parts, and that they will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1416(e)(4) -- Load weighing and similar devices.

24

(i) Equipment (other than derricks and articulating cranes) manufactured after March 29,
2003 with a rated capacity over 6,000 pounds must have at least one of the following:
load weighing device, load moment (or rated capacity) indicator, or load moment (or
rated capacity) limiter. Temporary alternative measures: The weight of the load must be
determined from a source recognized by the industry (such as the load’s manufacturer) or
by a calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight). This information must be provided
to the operator prior to the lift.
(ii) Articulating cranes manufactured after [INSERT DATE 1 YEAR AND 90 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] must have at least
one of the following: automatic overload prevention device, load weighing device, load
moment (or rated capacity) indicator, or load moment (rated capacity) limiter.
Temporary alternative measures: The weight of the load must be determined from a
source recognized by the industry (such as the load’s manufacturer) or by a calculation
method recognized by the industry (such as calculating a steel beam from measured
dimensions and a known per foot weight). This information must be provided to the
operator prior to the lift.
Purpose: Providing the required information to the operator, prior to the lift, is essential
to the safe handling of the load and operation of the equipment. OSHA is not taking a
paperwork burden for this provision because the Agency considers it to be a usual and
customary practice in the industry. See, e.g, ASME B30.3-2004 section 3-3.2.1(a)(1)-(3)
and (b)(2); ASME B30.4-2003 section 4-3.2.1(a)(1) through (a)(3); ASME B30.5-2004
section 3.2.1.1(a), (b), and (c) and section 3.2.1.2; ASME B30.6-2003, Sec. 3.3.1(b) and
section 3-3.2.1(a) through (b)(2); and ASME B30.8-2004 section 8-3.2.1(a) and (b).
P. Operation (§ 1926.1417)
[§ 1926.1417(b)(1), (b)(2), (b)(3), (c)(1), (e)(1)(iv), (f)(1), (j), and (o)(3)(i)]
§ 1926.1417(b) -- Unavailable operation procedures.
(1) Where the manufacturer procedures are unavailable, the employer must develop and
ensure compliance with all procedures necessary for the safe operation of the equipment
and attachments.
(2) Procedures for the operational controls must be developed by a qualified person.
(3) Procedures related to the capacity of the equipment must be developed and signed by
a registered professional engineer familiar with the equipment.
Purpose: When the manufacturer’s procedures are unavailable, these information
requirements ensure that: the employer develops procedures for equipment operation; a
qualified person (with respect to the equipment involved) develops procedures for
operational controls, and a RPE develops procedures related to the capacity of the

25

equipment. Proper procedures are critical to the safe operation of the equipment. The
employer’s procedures will provide a appropriate substitute for the manufacturer’s
procedures only when they are developed by a person with the specified expertise. The
signature requirement induces the developer of the procedures to ensure that the
procedures are developed correctly. The documentation requirements ensure that
modifications/additions to the equipment do not adversely affect safety.
§ 1926.1417(c)(1) -- The procedures applicable to the operation of the equipment,
including rated capacities (load charts), recommended operating speeds, special hazard
warnings, instructions, and operator’s manual, must be readily available in the cab at all
times for use by the operator.
Purpose: To operate the crane safely, the operator needs the required information
immediately available. For example, the equipment’s capacity varies with factors such as
boom length, radius, and boom angle. By providing the operator with information to
make accurate determinations regarding safety, this provision facilitates the operator in
preventing the operation of the crane beyond its capacity and recommended operating
speed. The required information also increases operator awareness of special hazards
related to a specific piece of equipment. OSHA considers the information requirements
to be usual and customary practices in the industry. See, e.g., ANSI B30.5 (2004) Sec 51.1.3 (load charts) and Sec 5-1.1.3 & 5-2.1 (Load Rating Chart and Ops Manual).
Therefore, OSHA is not taking a paperwork burden for the requirement in Item 12 below.
§ 1926.1417(e)(1) -- The operator must not leave the controls while the load is
suspended, except where all of the following are met:
*

*

*

(iv) -- Barricades or caution lines, and notices, are erected to prevent all employees from
entering the fall zone. No employees, including those listed in §§ 1926.1425(b)(1)
through (3), § 1926.1425(d) or § 1926.1425(e), are permitted in the fall zone.
Purpose: This information-exchange requirement ensures that employees are made
aware (through the use of a barricade or caution lines, and notices) that the area under
which the load will be suspended must be avoided to protect them from the hazard of a
falling load. Although holding a load while equipment is unattended is not explicitly
addressed in subpart N of 29 CFR part 1926, OSHA considers barricading hazardous
areas around the equipment a usual and customary practice in the industry, similar to
barricades required under § 1926.550(a)(9) for pinch points. Also, using barricades
under these specified conditions is allowed as an option under ASME B30.5- 2000
section 5-3.2.1.3 to a provision prohibiting employers from holding the load during a lift.
Accordingly, OSHA is not taking a paperwork burden for this requirement in Item 12
below.
§ 1926.1417(f)(1) -- Tagging out of service equipment/functions. Where the employer
has taken the equipment out of service, a tag must be placed in the cab stating that the

26

equipment is out of service and is not to be used. Where the employer has taken a
function(s) out of service, a tag must be placed in a conspicuous position stating that the
function is out of service and is not to be used.
Purpose: This tagging-out requirement is needed to prevent operation of equipment
under unsafe conditions. OSHA is not taking a paperwork burden for this provision
because tagging out malfunctioning equipment is a usual and customary practice in the
industry. See, e.g., ASME B30.5-2004, section 5-2.3.2(b).
§ 1926.1417(j) -- If adjustments or repairs are necessary:
(1) The operator must, in writing, promptly inform the person designated by the
employer to receive such information and, where there are successive shifts, to the next
operator; and
(2) The employer must notify all affected employees, at the beginning of each shift, of
the necessary adjustments or repairs and all alternative measures.
Purpose: This documentation requirement provides a record for the operators on the
next shift, and individuals designated to receive the information, to reference regarding
the need for repairs/adjustments of the equipment. This requirement helps the employer
schedule necessary servicing of the equipment, thereby preventing accidents caused by
equipment malfunctions. OSHA considers the information-exchange requirement to be a
usual and customary practice in the industry. See, e.g., ASME B30.5-2000, section 53.1.3(i). However, OSHA recognizes that there may be employers will, as a new work
practice, have this information documented and inform affected employees of necessary
adjustments or repairs and all alternative measures. OSHA is taking burden under Item
12 below for this small number of employers
§ 1926.1417(o)(3) Load weight. The operator must verify that the load is within the
rated capacity of the equipment by at least one of the following methods:
*

*

*

(i) -- The weight of the load must be determined from a source recognized by the industry
(such as the load’s manufacturer), or by a calculation method recognized by the industry
(such as calculating a steel beam from measured dimensions and a known per foot
weight), or by other equally reliable means. In addition, when requested by the operator,
this information must be provided to the operator prior to the lift; or
Purpose: Requiring the operator to determine this information is essential to the safe
handling of the load and operation of the equipment. However, OSHA is not taking a
paperwork burden for this provision because the Agency considers it to be a usual and
customary practice in the industry. See, e.g., ASME B30.5- 2000, section 5-3.2.1.1(c).
Q. Signals, Voice – additional requirements (§ 1926.1421)

27

[§ 1926.1419(c)(2) and (j)]
§ 1926.1419(c)(2) -- Non-standard hand signals. When using non-standard hand signals,
the signal person, operator, and lift director (where there is one) must contact each other
prior to the operation and agree on the non-standard hand signals that will be used.
Purpose: This requirement ensures that all persons use the same non-standard hand
signals to avoid miscommunication that could result in unsafe operation of equipment.
OSHA notes that the nature of non-standard signals necessitates some planning and
agreement, and the Agency believes it is a usual and customary practice in the industry to
make such determinations prior to the use of non-standard hand signals. Therefore,
OSHA is not taking any paperwork burden for this information exchange in Item 12
below.
§ 1926.1419(j) -- Anyone who becomes aware of a safety problem must alert the operator
or signal person by giving the stop or emergency stop signal. (NOTE: § 1926.1417(y)
requires the operator to obey a stop or emergency stop signal).
Purpose: This provision ensures that workers will alert the operator to unsafe operations
so that the operator can cease operation and avoid the hazard. The Agency believes this
is a usual and customary safety practice in the industry, and therefore is not taking any
paperwork burden under Item 12 below.
R. Signals – voice signals – additional requirements (1926.1421)
[§ 1926.1421(a)]
§ 1926.1421(a) -- Prior to beginning operations, the operator, signal person and lift
director (if there is one), must contact each other and agree on the voice signals that will
be used. Once the voice signals are agreed upon, these workers need not meet again to
discuss voice signals unless another worker is added or substituted, there is confusion
about the voice signals, or a voice signal is to be changed.
Purpose: The required pre-lift communication to discuss voice signals ensures that the
individuals necessary for the lift understand the voice signals and avoid
miscommunications. Any miscommunication related to the use of voice signals could
lead to unsafe operation of the equipment. OSHA considers this information-exchange
requirement to be a usual and customary practice in the industry as indicated by a similar
requirement in ASME B30.5-2004 5-3.3.5. Therefore, OSHA is not taking a paperwork
burden for this requirement.
S. Signals – Hand Signal Chart (§ 1926.1422)
[Entire § 1926.1422]
§ 1926.1422 -- Hand signal charts must be either posted on the equipment or
conspicuously posted in the vicinity of the hoisting operations.

28

Purpose: This exchange-of-information requirement enables employees to refer to an
established reference for hand signals when a question arises about what hand signal is
appropriate or when they are unsure of what a hand signal means. Therefore, the signal
chart aides the employer in preventing hand-signal-related miscommunications and the
resulting unsafe conditions that may occur during equipment operations. OSHA is not
taking a paperwork burden for this requirement because it considers it to be a usual and
customary practice in the industry as indicated by a similar requirement in section 5-3.3.2
of ASME B30.5-2004.
T. Fall Protection (§ 1926.1423)
[§ 1926.1423(j)(2) and (k)]
§ 1926.1423(j) -- Anchoring to the load line. A personal fall arrest system is permitted to
be anchored to the crane/derrick’s hook (or other part of the load line) where all of the
following requirements are met:
(1) A qualified person has determined that the set-up and rated capacity of the
crane/derrick (including the hook, load line and rigging) meets or exceeds the
requirements in § 1926.502(d)(15).
(2) The equipment operator shall be at the work site and informed that the equipment is
being used for this purpose.
Purpose: When a fall-arrest system is anchored to the load line, the informationexchange requirement in § 1926.1423(j)(2) ensures that the operator is aware that an
employee will be connected to the load line of the equipment and that the operator will be
available to make any adjustments necessary for safety, such as moving the boom or load
line to appropriately position the anchorage point.
Note: Proposed § 1926.1423(h)(2) was redesignated as § 1926.1423(j)(2) in the
final rule. The determination in § 1926.1423(j)(2) does not constitute a collection of
information because the person making the determination is not required to do so in
writing or otherwise share information about that determination.
§ 1926.1423(k) -- Training. The employer must train each employee who may be
exposed to fall hazards while on, or hoisted by, equipment covered by this subpart on all
of the following:
(1) the requirements in this subpart that address fall protection.
(2) the applicable requirements in §§ 1926.500 and 1926.502.
Purpose: This training is essential to avoid fall injuries by ensuring that workers are
instructed in the proper use of the fall protection system. OSHA considers this
communication provision to be performance oriented and, therefore, is not taking burden
for the requirement under Item 12 below.

29

U. Work Area Control (§ 1926.1424)
[§ 1926.1424(a)(2)(i), (a)(2)(ii), and (a)(3)]
§ 1926.1424(a)(2)(i) -- Train each employee assigned to work on or near the equipment
(“authorized personnel”) in how to recognize struck-by and pinch/crush hazard areas
posed by the rotating superstructure.
Purpose: This exchange of information ensures that employees are made aware that they
must avoid these hazardous areas. OSHA considers this training provision to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and
therefore, is not taking burden for the requirement under Item 12 below.
§ 1926.1424(a)(2)(ii) -- Erect and maintain control lines, warning lines, railings or similar
barriers to mark the boundaries of the hazard areas. Exception: When the employer can
demonstrate that it is neither feasible to erect such barriers on the ground nor on the
equipment, the hazard areas must be clearly marked by a combination of warning signs
(such as “Danger – Swing/Crush Zone”) and high visibility markings on the equipment
that identify the hazard areas. In addition, the employer must train each employee to
understand what these markings signify.
Purpose: Although OSHA considers barricading hazardous areas around the equipment
a usual and customary practice in the industry, posting the required signs is not. The
posting requirement notifies employers in the vicinity of the equipment about the
hazardous swing radius areas they must recognize and avoid. Accordingly, OSHA is not
taking a paperwork burden for the barricading requirement, but is taking a burden for the
sign-posting requirement.
§ 1926.1424(a)(3) -- Protecting employees in the hazard area.
(i) Before an employee goes to a location in the hazard area that is out of view of the
operator, the employee (or someone instructed by the employee) must ensure that the
operator is informed that he/she is going to that location.
(ii) Where the operator knows that an employee went to a location covered by paragraph
(a)(1) of this section, the operator must not rotate the superstructure until the operator is
informed in accordance with a pre-arranged system of communication that the employee
is in a safe position.
Purpose: These requirements prevent stuck-by and crushed-by injuries from equipment
operation when workers are out of the view of the operator. OSHA expects that this
communication is likely to be only a few words and may be usual and customary for most
worksites, but is taking a burden for the requirements under Item 12 below to avoid any
potential underinclusion.
V. Operator Qualification and Certification (§ 1926.1427)
[§ 1926.1427(a) (introductory text), (b), (c)(1)(ii), (c)(2)(i), (c)(5)(ii), (c)(5)(iii),
(c)(5)(iv), (e)(1), (f)(1), (f)(4)(ii), (h)(1), (h)(2), and (k)(2)(ii)]

30

§ 1926.1427(a) -- The employer must ensure that, prior to operating any equipment
covered under subpart CC, the person is operating the equipment during a training period
in accordance with paragraph (f) of this section, or the operator is qualified or certified to
operate the equipment in accordance with the following:
Purpose: Compliance with this certification requirement ensures that the equipment will
be operated only by qualified persons, thereby reducing the likelihood of injuries from
improperly operated equipment.
§ 1926.1427(b) -- Option 1: Certification by an accredited crane operator testing
organization.
(1) For a testing organization to be considered accredited to certify operators under this
subpart, it must:
(i) Be accredited by a nationally recognized accrediting agency based on that agency’s
determination that industry recognized criteria for written testing materials, practical
examinations, test administration, grading, facilities/equipment and personnel have been
met.
(ii) Administer written and practical tests that:
(A) Assess the operator applicant regarding, at a minimum, the knowledge and skills
listed in paragraphs (j)(1) and (2) of this section.
(B) Provide different levels of certification based on equipment capacity and type.
(iii) Have procedures for operators to re-apply and be re-tested in the event an operator
applicant fails a test or is decertified.
(iv) Have testing procedures for re-certification designed to ensure that the operator
continues to meet the technical knowledge and skills requirements in paragraphs (j)(1)
and (2) of this section.
(v) Have its accreditation reviewed by the nationally recognized accrediting agency at
least every three years.
(2) An operator will be deemed qualified to operate a particular piece of equipment if the
operator is certified under paragraph (b) of this section for that type and capacity of
equipment or for higher-capacity equipment of that type. If no accredited testing agency
offers certification examinations for a particular type and/or capacity of equipment, an
operator will be deemed qualified to operate that equipment if the operator has been
certified for the type/capacity that is most similar to that equipment and for which a
certification examination is available. The operator’s certificate must state the
type/capacity of equipment for which the operator is certified.

31

Purpose: The Agency views operator certification validated by an independent entity as
a critical step in ensuring that operators are qualified to operate cranes safely, thereby
reducing the likelihood of injuries from improperly operated equipment. The
requirements in § 1926.1427(b)(1) ensure that the tests and the administration of the
employer’s testing procedures meet nationally-recognized test administration standards.
OSHA assumes that this determination will be documented. The requirement in §
1926.1427(b)(2) regarding the wording of the certificate will facilitate employers’
compliance with the requirements of § 1926.1427. By referring to the operator’s
certificate, the employer will be able to ensure that operators are only permitted to
operator cranes that they have demonstrated they can operate safely.
All paperwork burdens for this provision are taken under § 1926.1427(a), so the Agency
is not taking any separate burden for § 1926.1427(b).
§ 1926.1427(c) -- Option (2): Qualification by an audited employer program. The
employer’s qualification of its employee shall meet the following requirements:
(1) The written and practical tests shall be either:
*

*

*

(ii) Approved by an auditor in accordance with the following requirements:
(A) The auditor is certified to evaluate such tests by an accredited crane operator testing
organization (see paragraph (b) of this section).
(B) The auditor is not an employee of the employer.
(C) The approval must be based on the auditor’s determination that the written and
practical tests meet nationally recognized test development criteria and are valid and
reliable in assessing the operator applicants regarding, at a minimum, the knowledge and
skills listed in paragraphs (j)(1) and (2) of this section.
(D) The audit must be conducted in accordance with nationally recognized auditing
standards.
(2) Administration of tests.
(i) The written and practical tests must be administered under circumstances approved by
the auditor as meeting nationally recognized test administration standards.
*

*

*

*

*

*

32

(5) Deficiencies. If the auditor determines that there is a significant deficiency
(“deficiency”) in the program, the employer must ensure that:
*

*

*

(ii) The program is audited again within 180 days of the confirmation that the deficiency
was corrected.
(iii) The auditor files a documented report of the deficiency to the appropriate Regional
Office of the Occupational Safety and Health Administration within 15 days of the
auditor’s determination that there is a deficiency.
(iv) Records of the audits of the employer’s program are maintained by the auditor for
three years and are made available by the auditor to the Secretary of Labor or the
Secretary’s designated representative upon request.
*

*

*

*

*

Purpose: The testing requirements in paragraphs (c)(1)(ii) and (c)(2)(i) of this section
help ensure that operators are capable of operating the equipment safely. The paragraphs
require an auditor to determine that the tests and the administration of the employer’s
testing procedures meet nationally-recognized test administration standards. OSHA
assumes that most auditors will document this determination.
The exchange of information required in paragraph (c)(5)(ii) of this section ensures that
the minimum qualifications specified by § 1926.1427(j) are being adequately and
consistently tested. OSHA assumes that most auditors will document the results of this
re-audit.
The documentation required in paragraphs (c)(5)(iii) and (c)(5)(iv) of this section
requires the filing and maintenance of reports to facilitate enforcement of the Option 2
requirements.
§ 1926.1427(e)(1) -- For purposes of this section, a government licensing
department/office that issues operator licenses for operating equipment covered by this
standard is considered a government accredited crane operator testing organization if the
criteria in paragraph (e)(2) of this section are met.
Purpose: The documentation requirements for government licensing and auditing are
used by employers as an administrative control for ensuring that equipment operators
meet the government licensing criteria. Similar to paragraphs (b) and (d) of this section,
OSHA believes that, as a practical matter, most employers will choose to maintain file
copies of each operator’s license as a matter of administrative expediency. Therefore,
OSHA assumes that a copy of this license would be retained and maintained by the
employer. The burden for this retention and maintenance is taken under § 1926.1427(a).
The Agency is not taking any separate burden for § 1926.1427(e)(1).

33

§ 1926.1427(f)(1) -- The employer must provide each operator-in-training with sufficient
training prior to operating the equipment to enable the operator-in-training to operate the
equipment safely under limitations established by this section (including continuous
monitoring) and any additional limitations established by the employer.
Purpose: This provision requires that employees be informed of the proper operation of
the hazards and protective methods that the employer will use to prevent equipment from
contacting energized power lines. OSHA considers this training provision to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and
therefore, is not taking burden for the requirement under Item 12 below.
§ 1926.1427(f)(4) -- Continuous monitoring. The operator-in-training must be
monitored by the operator’s trainer at all times, except for short breaks where all of the
following are met:
*

*

*

(ii) Immediately prior to the break the operator’s trainer informs the operator-in-training
of the specific tasks that the operator-in-training is to perform and limitations to which
he/she must adhere during the operator trainer’s break.
Purpose: This provision ensures that operators-in-training will not operate the crane to
perform tasks beyond that trainee’s level of skill while the trainer is on break. This
restriction reduces the likelihood of injury resulting from the operation of the crane by the
trainee. OSHA considers this training provision to be performance oriented, as well as
similar to the requirements in § 1926.21(b)(2), and therefore, is not taking burden for the
requirement under Item 12 below.
§ 1926.1427(h) -- Language and Literacy Requirements.
(1) Tests under this section may be administered verbally, with answers given verbally,
where the operator candidate:
(i) Passes a written demonstration of literacy relevant to the work.
(ii) Demonstrates the ability to use the type of written manufacturer procedures
applicable to the class/type of equipment for which the candidate is seeking certification.
(2) Tests under this section may be administered in any language the operator candidate
understands, and the operator’s certificate must note the language in which the test was
given. The operator is qualified under paragraph (b)(2) of this section to operate
equipment that is furnished with materials required by this subpart that are written in the
language of the certification. The operator may only operate equipment furnished with
such materials.

34

Purpose: This written-literacy requirement in paragraph § 1926.1427(h)(1) will be an
essential administrative means for ensuring that operators have sufficient literacy to read
and comprehend written materials that relate to critical aspects of operation, such as load
charts and manufacturer’s manuals. The requirement in § 1926.1427(h)(2) will facilitate
employers’ compliance with the requirements of § 1926.1427 and ensure that an operator
does not operate a crane without access to the essential manuals, warnings, and other
material presented in a language that he or she can understand. By referring to the
operator’s certificate, the employer will be able to ensure that crane contains materials in
the appropriate language.
The Agency notes that the testing entity is likely to retain the documentation of the
results of the two parts of the literacy test. The agency is taking a small burden for this
documentation to address certification offered under Option 2 (employer certification)
because in that situation the employer will be the testing organization. However, the
Agency is not taking a burden for other certification where the testing will be performed
by a third party. In addition, the Agency considers the few specific words required to be
included in the certificate (language in which operator was tested) to be a de minimis
burden and is not calculating it separately in Item 12.
Moreover, the Agency does not consider the test itself to be either a collection of
information or a burden because aptitude tests are expressly exempted under the
applicable regulations. See 5 CFR 1320.3(h)(7) (General exemption from the definition
of “information” for “examinations designed to test the aptitude, abilities, or knowledge
of the persons tested and the collection of information for identification or classification
in connection with such examinations.”)
§ 1926.1427(k)(2)(ii) -- Where an employee assigned to operate machinery does not
have the required knowledge or ability to operate the equipment safely, the employer
must train that employee prior to operating the equipment. The employer must ensure that
each operator is evaluated to confirm that he/she understands the information provided in
the training.
Purpose: This provision, which applies during the four-year phase-in period, requires
training and evaluation of operator candidates to ensure that employees are not permitted
to operate cranes without proper training. OSHA considers this training provision to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and
therefore, is not taking burden for the requirement under Item 12 below.
W. Signal Person Qualifications (§ 1926.1428)
[§ 1926.1428(a)(1), (a)(2), (a)(3), and (b)]
§ 1926.1428(a)(1) -- Option (1) – Third party qualified evaluator. The signal person has
documentation from a third party qualified evaluator (see Qualified Evaluator (third
party), § 1926.1401 for definition) showing that the signal person meets the Qualification
Requirements (see paragraph (c) of this section).

35

Purpose: Compliance with this documentation requirement ensures that the signals for
the operator will only be made by qualified persons, thereby reducing the likelihood of
injuries from miscommunication about signal. OSHA is taking burden in Item 12 below
for the documentation of the result of the assessment, but is not treating the test itself as a
collection of information or a burden. See 5 CFR 1320.3(h)(7) (General exemption from
the definition of “information” for “examinations designed to test the aptitude, abilities,
or knowledge of the persons tested and the collection of information for identification or
classification in connection with such examinations.”)
Note: OSHA believes that this requirement will be a condition of employment, and,
therefore, is not taking a paperwork burden for it. However, OSHA believes that
employers will retain the signal person documentation because they are required to
provide this information under § 1926.1428(a)(3). OSHA considers the retrieval of this
information to be a paperwork burden.
§ 1926.1428(a)(2) -- Option (2) – Employer’s qualified evaluator. The employer’s
qualified (see Qualified Evaluator (not a third party), § 1926.1401 for definition)
evaluator assesses the individual and determines that the individual meets the
Qualification Requirements (see paragraph (c) of this section) and provides
documentation of that determination. An assessment by an employer’s qualified
evaluator under this option is not portable – other employers are not permitted to use it to
meet the requirements of this section.
Purpose: Compliance with this documentation requirement will serve as an
administrative tool for ensuring that the employee is adequately trained and evaluated.
OSHA is taking burden in Item 12 below for the documentation of the result of the
assessment, but is not treating the test itself as a collection of information or a burden.
See 5 CFR 1320.3(h)(7) (General exemption from the definition of “information” for
“examinations designed to test the aptitude, abilities, or knowledge of the persons tested
and the collection of information for identification or classification in connection with
such examinations.”)
§ 1926.1428(a)(3) -- The employer must make the documentation for whichever option is
used available at the site while the signal person is employed by the employer. The
documentation must specify each type of signaling (e.g. hand signals, radio signals, etc.)
for which the signal person meets the requirements of paragraph (c) of this section.
Purpose: OSHA expects that employers will maintain file copies of the training
documentation required in § 1926.1428(a)(1) and (a)(2) to ensure that their employees
have received the required training. The document-availability requirement in §
1926.1428(a)(3) ensures that the signal person is properly trained while employed by the
employer, and that the information about the signal person’s qualifications is available to
the operator so that the operator will know the signal person’s skills prior to the
commencement of operation. This is particularly important to avoid miscommunication
where the signalperson and operator are not employed by the same employer and have
not worked together before. OSHA assumes that employers will retain the document

36

once it receives the documentation required under § 1926.1428(a)(2). The Agency is
taking the burden for that documentation in Item 12 under § 1926.1428(a)(1) and (a)(2)
and is therefore not including any separate burden for § 1926.1428(a)(3).
Note: In the paperwork package that accompanied the proposed rule, the Agency treated
§ 1926.1428(a)(1) as both a collection of information and a paperwork burden because it
required the signalperson to possess documentation of qualifications. The Agency has
now concluded that the signalperson’s possession of documentation is a condition of
employment that does not constitute a collection of information nor a paperwork burden.
§ 1926.1428(b) -- If subsequent actions by the signal person indicate that the individual
may not meet the Qualification Requirements (see paragraph (c) of this section), the
employer must not allow the individual to continue working as a signal person until retraining is provided and a re-assessment is made in accordance with paragraph (a) of this
section that confirms that the individual meets the Qualification Requirements.
Purpose: OSHA believes that it is necessary to retrain a signal person who indicates that
he or she does not possess the requisite qualifications for that job. This requirement will
prevent miscommunication and the potential for resulting injury.
X. Training (§ 1926.1430)
[§ 1926.1430(a), (b), (c)(1), (c)(4), (d), (e), (f), (g)(1), and (g)(2)]
§1926.1430(a) -- Overhead power lines. The employer must train each employee
specified in § 1926.1408(g) and § 1926.1410(m) in the topics listed in § 1926.1408(g).
Purpose: These training requirements for operators, crew, and dedicated spotters will
ensure that these employees recognize the identified hazards and understand how to avoid
them or protect themselves. OSHA considers these training requirements to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and,
therefore, is not taking paperwork burden for them.
§1926.1430(b) -- Signal persons. The employer must train each employee who will be
assigned to work as a signal persons who does not meet the requirements of §
1926.1428(c) in the areas addressed in that paragraph.
Purpose: Under § 1926.1428(c)(5), employees must demonstrate that they meet the
requirements of § 1926.1428(c)(1) through (c)(4) through a verbal or written test, and
through a practical test. This training requirement will ensure that signal persons
understand how their duties affect the safe operation of the equipment, and that they can
perform those duties safely. OSHA considers these training requirements to be
performance oriented and, therefore, is not taking paperwork burden for them.

§1926.1430(c)(1) -- Operators-in-Training for equipment where certification or
qualification is required by this subpart. The employer must train each operator-in-

37

training in the areas addressed in § 1926.1427(j). The employer must provide re-training
if the operator-in-training does not pass a qualification or certification test.
Purpose: Paragraph 1427(f) requires the employer to determine through written and
practical tests 2 that an operator-in-training has the knowledge and skills needed to safely
operate equipment. OSHA is not taking a paperwork burden for this requirement because
it considers the required training to be performance oriented, as well as similar to the
requirements in § 1926.20(b)(2).
§ 1926.1430(c)(4) -- The employer must train each operator of the equipment covered by
this subpart in the following practices:
(i) On friction equipment, whenever moving a boom off a support, first raise the boom a
short distance (sufficient to take the load of the boom) to determine if the boom hoist
brake needs to be adjusted. On other types of equipment with a boom, the same practice
is applicable, except that typically there is no means of adjusting the brake; if the brake
does not hold, a repair is necessary. See § 1926.1417(f) and (j) for additional
requirements.
(ii) Where available, the manufacturer’s emergency procedures for halting unintended
equipment movement.
Purpose: These training requirements for operators and crew will ensure that these
employees are aware of the hazards from unintended boom movement and understand
how to avoid it. OSHA considers these training requirements to be performance oriented,
as well as similar to the requirements in § 1926.21(b)(2), and, therefore, is not taking
paperwork burden for them. The information exchange requirement in § 1926.1417(f)
ensures that employees can identify unsafe components of the equipment because they
are tagged as out of service. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.
§ 1926.1430(d) -- Competent persons and qualified persons. The employer must train
each competent person and each qualified person regarding the requirements of this
subpart applicable to their respective roles.
Purpose: These training requirements for these employees will ensure that they possess
the necessary skills to fulfill their roles and to recognize the identified hazards and
understand how to avoid them or protect themselves. OSHA considers these training
requirements to be performance oriented, as well as similar to the requirements in §
1926.21(b)(2), and, therefore, is not taking paperwork burden for them.

2 OSHA does not consider this an information collection burden as it is usual and customary to
instruct employees on work area hazards, and is currently required under 1926.21(b)(2).

38

§ 1926.1430(e) -- Crush/pinch points. The employer must train each employee who
works with the equipment to keep clear of holes, and crush/pinch points and the hazards
addressed in § 1926.1424 (Work area control).
Purpose: These training requirements will ensure that these employees recognize the
identified hazards and understand how to avoid them or protect themselves. OSHA
considers these training requirements to be performance oriented, as well as similar to the
requirements in § 1926.21(b)(2), and, therefore, is not taking paperwork burden for them.
§ 1926.1430(f) -- Tag-out. The employer must train each operator and each additional
employee authorized to start/energize equipment or operate equipment controls (such as
maintenance and repair employees), in the tag-out and start-up procedures in §§
1926.1417(f) and (g).
Purpose: The tag-out requirement in § 1926.1417(f) prevent injury from the inadvertent
use of equipment that is not functioning properly. This training requirement ensures that
tagging out is performed properly and on all occasions for which it is required. The startup procedures prevent injuries from unexpected movement of the equipment affecting
employees performing maintenance on the equipment, or otherwise on or near the
equipment, particularly when they are out of view of the operator. These training
requirements for operators and other employees will ensure that these employees
recognize the identified start-up hazards and the procedures that must be followed to
avoid injury. OSHA considers these training requirements to be performance oriented, as
well as similar to the requirements in § 1926.21(b)(2), and, therefore, is not taking
paperwork burden for them.
§ 1926.1430(g)(1) -- The employer must evaluate each employee required to be trained
under this subpart to confirm that the employee understands the information provided in
the training.
Purpose: This evaluation requirement will ensure that all employees trained under this
section comprehend the information provided. The information required to be conveyed
through training is only an effective means of preventing injury if the information is
understood by the trainees. OSHA considers these training requirements to be
performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and,
therefore, is not taking paperwork burden for them.
§ 1926.1430(g)(2) -- The employer must provide refresher training in relevant topics for
each employee when, based on the conduct of the employee or an evaluation of the
employee’s knowledge, there is an indication that retraining is necessary.
Purpose: This refresher training requirement ensures that employees will be retrained
when their conduct indicates it is necessary. This requirement will prevent injuries from
the failure of the employee to follow procedures on which they were trained but are no
longer sufficiently familiar. OSHA considers these refresher training requirements to be

39

performance oriented, as well as similar to the requirements in § 1926.21(b)(2), and,
therefore, is not taking paperwork burden for them.
Y. Hoisting Personnel (§ 1926.1431)
[§ 1926.1431(d)(5)(vii), (e)(12), (h)(6), (j)(3), (m), (o)(3)(i), (p)(4)(i), (r)(3)(i), and
(s)(3)(i)]
§ 1926.1431(d)(5)(vii) -- Proper operation required. Personnel hoisting operations must
not begin unless the devices listed in this section are in proper working order. If a device
stops working properly during such operations, the operator must safely stop operations.
Personnel hoisting operations must not resume until the device is again working properly.
Alternative measures are not permitted. (See § 1926.1417 for tag-out and related
requirements.)
Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 52.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.
§1926.1431(e)(12) -- The weight of the platform and its rated capacity must be
conspicuously posted on the platform with a plate or other permanent marking.
Purpose: This information requirement will ensure that the employer has adequate
information regarding the capacity of the personnel platform to prevent equipment
failures that could result from overloading the personnel platform. OSHA considers the
posting requirement to be a usual and customary practice in the. See, e.g., ASME
B30.23-2005, section 23-1.1.1(b)(7). Therefore, OSHA is not taking a paperwork burden
for this requirement.
§ 1926.1431(h)(6) -- Any condition found during the trial lift and subsequent
inspection(s) that fails to meet a requirement of this standard or otherwise creates a safety
hazard must be corrected before hoisting personnel. (See § 1926.1417 for tag-out and
related requirements.)
Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 52.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.

40

§ 1926.1431(j)(3) -- After proof testing, a competent person must inspect the platform
and rigging to determine if the test has been passed. If any deficiencies are found that
pose a safety hazard, the platform and rigging must not be used to hoist personnel unless
the deficiencies are corrected, the test is repeated, and a competent person determines that
the test has been passed. (See § 1926.1417 for tag-out and related requirements.)
Purpose: This provision ensures that equipment with a deficiency that poses a safety
hazard will be tagged out of service until all of the requirements of the paragraph are met.
This will avoid injury that could result from use of deficient equipment. The information
exchange requirement in § 1926.1417(f) ensures that employees can identify unsafe
components of the equipment because they are tagged as out of service. OSHA considers
this tag-out requirement to be a usual and customary work practice in the industry. See,
e.g., ASME B30.5-2004 5-2.3.2(b). Therefore, OSHA is not taking burden for this
paperwork requirement in Item 12 below.

§ 1926.1431(m) -- Pre-lift meeting. A pre-lift meeting must be:
(1) Held to review the applicable requirements of this section and the procedures that
will be followed.
(2) Attended by the equipment operator, signal person (if used for the lift), employees to
be hoisted, and the person responsible for the task to be performed.
(3) Held prior to the trial lift at each new work location, and must be repeated for any
employees newly assigned to the operation.
Purpose: OSHA recognizes that there is heightened danger when using a crane or other
equipment to hoist personnel. The required pre-lift communication ensures that the
operator, signal person, and person being lifted, and other personnel involved in the lift
understand their roles and the procedures and hazards applicable to the lift. Any
miscommunication or departure from the procedure during the lift could lead to unsafe
operation of the equipment and injury to the personnel being hoisted, or to others.
Additional meetings at each new work location ensure that the procedures and hazards
specific to that worksite are addressed. OSHA considers this information-exchange
requirement to be a usual and customary practice in the industry. See, e.g., ASME
B30.23-2005, section 23-1.1.1(b)(7). Therefore, OSHA is not taking a paperwork burden
for this requirement.
§ 1926.1431(o) -- Hoisting personnel in drill shafts. When hoisting employees into and
out of drill shafts that are up to and including 8 feet in diameter, all of the following
requirements must be met:
*

*

*

41

(3) If using a boatswain’s chair:
(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswain’s chair.”
Purpose: OSHA recognizes that there is a heightened danger when hoisting personnel in
drill shafts. The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))
facilitate communication among employees regarding the safe operation of the personnelhoisting equipment during the performance of drilling operations.
§1926.1431(p)(4) -- If using a boatswain’s chair:
(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), and (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswains chair.”
Purpose: The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))
facilitate communication among employees regarding the safe operation of the personnelhoisting equipment when boatswain’s chairs will be used.
§ 1926.1431(r) -- Hoisting personnel for marine transfer. When hoisting employees
solely for transfer to or from a marine worksite, the following requirements must be met:
*

*

*

(3) If using a marine hoisted personnel transfer device:
(i) The following paragraphs of this section apply: (a), (c)(2), (d)(1), (d)(3), (d)(4), (e)(1)
through (5), (e)(12), (f)(1), (g), (h), (j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (k)(11)(i),
(k)(12), (m), and (n). Where the terms “personnel platform” or “platform” are used in
these paragraphs, substitute them with “marine-hoisted personnel transfer device.”
Purpose: The pre-lift meeting requirement (required by referenced § 1926.1431(m)(1))
facilitate communication among employees regarding the safe operation of the personnelhoisting equipment when marine-hoisting personnel-transfer devices will be used.
§ 1926.1431(s) -- Hoisting personnel for storage-tank (steel or concrete), shaft and
chimney operations. When hoisting an employee in storage tank (steel or concrete), shaft
and chimney operations, the following requirements must be met:
*

*

*

(3) If using a boatswain’s chair:

42

(i) The following paragraphs of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(3), (f)(1), (f)(2)(i), (f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i),
(m), (n). Where the terms “personnel platform” or “platform” are used in these
paragraphs, substitute them with “boatswains chair.”
Purpose: OSHA recognizes that there is a heightened danger when hoisting personnel in
storage tanks, shafts, and chimneys. The tag-out requirements in § 1926.1431(h)(6) and
(j)(3) ensure that employees will not use deficient equipment. OSHA considers this tagout requirement to be a usual and customary work practice in the industry. See, e.g.,
ASME B30.5-2004 5-2.3.2(b). The pre-lift meeting requirement (required by referenced
§ 1926.1431(m)(1)) facilitates communication among employees regarding the safe
operation of the personnel-hoisting equipment when boatswain’s chairs will be used.
Z. Multiple Lifts (§ 1926.1432)
[§ 1926.1432(a) and (b)(2)]
§ 1926.1432(a) -- Plan development. Before beginning a crane/derrick operation in which
more than one crane/derrick will be supporting the load, the operation must be planned.
The planning must meet the following requirements:
(1) The plan must be developed by a qualified person.
(2) The plan must be designed to ensure that the requirements of this subpart are met.
(3) Where the qualified person determines that engineering expertise is needed for the
planning, the employer must ensure that it is provided.
Purpose: The exchange of information ensures that the hazards involved with a multiple
lift are identified in, and eliminated according to, a plan developed by a qualified person.
These hazards include, but are not limited to, load slipping and unintended load shifting.
Such hazards can be minimized by a plan that addresses elements such as the capacity of
the cranes/derricks relative to load distribution (throughout the lift), load rigging, load
travel (from start to finish), and communication. OSHA considers this requirement to be
a usual and customary practice in the industry. See, e.g., ASME B30.5 (2004) 53.2.1.5(k). Accordingly, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1432(b)(2) -- The lift director must review the plan in a meeting with all workers
who will be involved with the operation.
Purpose: The exchange-of-information requirement will typically involve the signal
person, rigging crew, crane operator, and sometimes laborers, who would meet to ensure
that everyone understands the plan and how the operation will be conducted. This
meeting is important for employees to understand how the plan will work, including their
responsibilities and the responsibilities of others, which will help ensure that the diverse
elements of the operation are coordinated.

43

AA. Design, Construction and Testing (§ 1926.1433)
[§ 1926.1433(d)(1)(ii), (d)(5), and (e)]
§ 1926.1433(d) -- All equipment covered by this subpart must meet the following
requirements:
(1) Rated capacity and related information. The information available in the cab (see §
1926.1417(c)) regarding “rated capacity” and related information must include, at a
minimum, the following information:
*

*

*

(ii) A work area chart for which capacities are listed in the load chart. (Note: an
example of this type of chart is in ASME B30.5-2004, section 5-1.1.3, Figure 11).
Purpose: This exchange of information is necessary to ensure that equipment operators
have immediate access in the cab to information that they need to make determinations
that could affect the safe operation of the equipment. OSHA considers this requirement
to be a usual and customary practice in the industry. See, e.g., ASME B30.5 (2004) 53.2.1.5(k). Consequently, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1433(d)(3) -- Hook and ball assemblies and load blocks must be marked with
their rated capacity and weight.
Purpose: Compliance with this labeling requirement provides the operator with
information about load ratings of the equipment when determinations must be made that
affect the safe operation of the equipment. OSHA considers this requirement to be a usual
and customary practice in the industry. See, e.g., ASME B30.5-2004; section 51.1.3(b)(4). Therefore, the Agency is not taking a paperwork burden for that requirement
in Item 12.
§ 1926.1433(d)(5) -- Posted warnings. Posted warnings required by this subpart as well
as those originally supplied with the equipment by the manufacturer shall be maintained
in legible condition.
Purpose: These postings requirements require employers to warn employees that they
must avoid or protect themselves from the specified hazardous conditions. OSHA
considers this requirement to be a usual and customary practice in the industry. See, e.g.,
ASME B30.5-2004; section 5-1.1.3(b)(4). Therefore, OSHA is not taking a paperwork
burden for this requirement.
§ 1926.1433(e) -- The employer’s obligations under paragraphs (a) through (c) and
(d)(7) through (13) of this section are met where the equipment has not changed (except
in accordance with § 1926.1434 (Equipment modifications)) and it can refer to

44

documentation from the manufacturer showing that the equipment has been designed,
constructed and tested in accordance with those paragraphs.
Purpose: This provision is provided as an alternative to the general design and testing
requirements in § 1926.1433. Manufacturer design, testing, and construction must be
documented to serve as an acceptable substitute for the general design, construction, and
testing requirements because the documentation would induce the inspector to ensure that
the design, construction, and testing was conducted correctly. In addition, this
requirement creates a record that the employer will use to track developing problems so
that they can be corrected in time to ensure continued safe operation of the equipment.
Because it is usual and customary in the industry to retain manufacturer documentation,
OSHA is taking a small paperwork burden only for the cost of retrieving the document.
BB. Equipment Modifications (§ 1926.1434)
[§ 1926.1434(a)(1)(i), (a)(1)(ii), (a)(2)(i), (a)(3), (a)(4), (a)(5), and (b)]
§ 1926.1434(a)(1) -- Manufacturer review and approval.
(i) The manufacturer approves the modifications/additions in writing.
(ii) The load charts, procedures, instruction manuals and instruction plates/tags/decals are
modified as necessary to accord with the modification/addition.
Purpose: The approval requirement under paragraph (a)(1)(i) of this section, which
addresses modifications or additions that may affect the capacity or safe operation of the
equipment, is necessary to ensure that modifications/additions will not result in an unsafe
condition. The approval must be in writing, and will be used as an administrative tool to
ensure that an RPE approved the modifications/additions in accordance with professional
engineering practices. Similarly, the requirement in paragraph (a)(1)(ii) of this section to
modify load charts and other crucial data to accord with the modification/addition will
provide accurate information about the equipment to the operator so that the equipment
can be operated within its lifting capacity.
§ 1926.1434(a)(2) -- Manufacturer refusal to review request. The manufacturer is
provided a detailed description of the proposed modification/addition, is asked to approve
the modification/ addition, but it declines to review the technical merits of the proposal or
fails, within 30 days, to acknowledge the request or initiate the review, and all of the
following are met:
(i) A registered professional engineer who is a qualified person with respect to the
equipment involved:
(A) Approves the modification/addition and specifies the equipment configurations to
which that approval applies, and

45

(B) Modifies load charts, procedures, instruction manuals and instruction
plates/tags/decals as necessary to accord with the modification/addition.
Purpose: This approval requirement ensures that, in the event that a manufacturer
refuses to review a modification/addition request, only an RPE will make determinations
regarding proposed modifications/additions that may affect safe operation of the
equipment. The determination of an RPE is necessary to ensure that modifications or
additions that may affect the capacity or safe operation of the equipment will not result in
an unsafe condition. Similarly, the requirement to modify load charts and other crucial
data to accord with the modification/addition would provide the operator with accurate
information about the equipment so that the equipment can be operated within its lifting
capacity.
§1926.1434(a)(3) -- Unavailable manufacturer. The manufacturer is unavailable and the
requirements of paragraphs (a)(2)(i) and (2)(ii) of this section are met.
Purpose: The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2).
§ 1926.1434(a)(4) -- Manufacturer does not complete the review within 120 days of the
request. The manufacturer is provided a detailed description of the proposed
modification/addition, is asked to approve the modification/ addition, agrees to review
the technical merits of the proposal, but fails to complete the review of the proposal
within 120 days of the date it was provided the detailed description of the proposed
modification/addition, and the requirements of paragraphs (a)(2)(i) and (ii) of this section
are met.

Purpose: This approval requirement ensures that, in the event that a manufacturer fails
to review a modification/addition request, only an RPE will make determinations
regarding proposed modifications/additions that may affect safe operation of the
equipment. The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2).
§ 1926.1434(a)(5) -- Multiple manufacturers of equipment designed for use on marine
work sites. The equipment is designed for marine work sites, contains major structural
components from more than one manufacturer, and the requirements of paragraphs
(a)(2)(i) and (ii) of this section are met.
Purpose: The approval requirement in paragraphs (a)(2)(i) and (a)(2)(ii) of this section
ensures that modifications to this specialized equipment are approved by an RPE. The
approval requirements are needed for the same reasons explained above for §
1926.1434(a)(2).
§1926.1434(b) -- Modifications or additions which affect the capacity or safe operation
of the equipment are prohibited where the manufacturer, after a review of the technical

46

safety merits of the proposed modification/addition, rejects the proposal and explains the
reasons for the rejection in a written response. If the manufacturer rejects the proposal
but does not explain the reasons for the rejection in writing, the employer may treat this
as a manufacturer refusal to review the request under paragraph (a)(2) of this section.
Purpose: The approval requirements are needed for the same reasons explained above
for § 1926.1434(a)(2). However, the Agency is not taking a separate paperwork burden
if the manufacturer fails to respond in writing because the effect is that the employer
must proceed as if under § 1926.1434(a)(2), and the burden is taken under that paragraph.
Similarly, the manufacturer’s explanation of why it rejected the employer’s proposed
modification/addition provides the employer with an administrative tool to verify that the
manufacturer reviewed the technical merits of the request, and possibly to submit a
revised modification/addition request that would address the employer’s concerns.
Requiring employers to obtain this information from the manufacturer ensure that
employers have this information available when making further determinations that affect
the safe operation of the equipment. However, OSHA does not consider the retention of
this rejection document to be a burden on the employer because the document likely
would be generated and maintained on file by the manufacturer rather than the employer
(i.e., the document would confirm the information provided to the employer by the
manufacturer). Therefore, OSHA is not taking a paperwork burden for the retention of
this rejection document.
CC. Tower Cranes (§ 1926.1435)
[§ 1926.1435(b)(3), (b)(7)(ii), (c), (d)(3), (e)(5) introductory text, (e)(5)(v), (e)(6)
introductory text, (e)(6)(ii), (e)(6)(iii), (e)(6)(iv), (e)(6)(vi), (f)(3)(i), and (f)(3)(ii)]
§ 1926.1435(b)(3) -- Foundations and structural supports. Tower crane foundations and
structural supports (including both the portions of the structure used for support and the
means of attachment) must be designed by the manufacturer or a registered professional
engineer.
Purpose: This design requirement ensures that the foundation and structural supports of
a tower crane, which are critical to the safe operation of the equipment, will be made by a
person with sufficient knowledge and expertise so that the operation of the equipment
will not result in an unsafe condition.
§ 1926.1435(b)(7) -- Climbing procedure. Prior to, and during, all climbing procedures
(including inside climbing and top climbing), the employer must:
*

*

*

(ii) Have a registered professional engineer verify that the host structure is strong enough
to sustain the forces imposed through the braces, brace anchorages and supporting floors.
Purpose: The strength of the structure is a critical factor in the safe operation of the
equipment, and the verification is needed to ensure that a weakness in the structure does

47

not result in an unsafe condition. Because this provision requires only the verification of
the strength of a structure, and does not per se require additional calculations by the RPE,
the Agency did not note a collection of information for this provision in the paperwork
package submitted with the proposed rule. Nevertheless, the Agency is considering this
provision a collection of information in the final rule to ensure that it is not
underinclusive. OSHA is also taking a small burden under Item 13 to encompass the
instances in which an RPE may need to make additional determinations in order to verify
the strength of the structure.
§ 1926.1435(c) -- Signs. The size and location of signs installed on tower cranes must be
in accordance with manufacturer specifications. Where these are unavailable, a
registered professional engineer familiar with the type of equipment involved must
approve in writing the size and location of any signs.
Purpose: OSHA regulates this provision because wind pushing against a sign can
significantly increase the horizontal force exerted on a crane, thereby reducing the
crane’s capacity and/or compromising its stability. To operate cranes safely under windy
conditions, employers must develop information about the effects of wind on a crane’s
lifting capacity in accordance with this provision when this information is not available
from the manufacturer. OSHA requires that the registered professional engineer’s
approval be in writing and in accordance with professional engineering practices so that
the size and location criteria can be readily referenced when the crane is being erected,
operated, and dismantled.
§ 1926.1435(d)(3) -- Proper operation required. Operations must not begin unless the
devices listed in this section are in proper working order. If a device stops working
properly during operations, the operator must safely stop operations. The equipment
must be taken out of service, and operations must not resume until the device is again
working properly. See § 1926.1417(f). Alternative measures are not permitted to be
used.
Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The information exchange requirement in §
1926.1417(f) ensures that employees can identify unsafe components of the equipment
because they are tagged as out of service. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry because tagging-out malfunctioning
construction equipment is specified by § 1926.20(b)(3). See, e.g., ASME B30.5-2004 52.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.
§1926.1435(e)(5) -- Category I operational aids and alternative measures. Operational
aids listed in this paragraph that are not working properly must be repaired no later than 7
calendar days after the deficiency occurs. Exception: If the employer documents that it
has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, the repair must be completed within 7 calendar days of receipt of the parts.

48

Purpose: This documentation requirement serves as an administrative control to ensure
that a defective Category I operational aid on equipment that remains in service has been
ordered and will be replaced in a timely manner. OSHA believes that employers
maintain purchasing orders and receipts for parts as a usual and customary accounting
practice in the industry and will use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.
§1926.1435(e)(5)(v) -- Load moment limiting device. The tower crane must have a
device that prevents moment overloading. Temporary alternative measures: A radius
indicating device must be used (if the tower crane is not equipped with a radius indicating
device, the radius must be measured to ensure the load is within the rated capacity of the
crane). In addition, the weight of the load must be determined from a source recognized
by the industry (such as the load’s manufacturer), or by a calculation method recognized
by the industry (such as calculating a steel beam from measured dimensions and a known
per foot weight), or by other equally reliable means. This information must be provided
to the operator prior to the lift.
Purpose: When chosen as a specified compliance alternative, obtaining the required
information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA is not taking a paperwork burden for this requirement because it
considers the requirement to be a usual and customary practice in the industry as
indicated by a similar requirement in ASME B30.5- 2000, section 5-3.2.1.1(c).
§1926.1435(e)(6) -- Category II operational aids and alternative measures. Operational
aids listed in this paragraph that are not working properly must be repaired no later than
30 calendar days after the deficiency occurs. Exception: If the employer documents that
it has ordered the necessary parts within 7 calendar days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 calendar days,
the repair must be completed within 7 calendar days of receipt of the parts.
Purpose: This documentation requirement is an administrative control to ensure that a
defective Category II operational aid on equipment that remains in service has been
ordered and will be replaced in a timely manner. OSHA believes that employers
maintain purchasing orders and receipts for parts as a usual and customary accounting
practice of the industry and would use these documents to meet this requirement.
Therefore, OSHA is not taking a paperwork burden for this requirement.
§1926.1435(e)(6)(ii) -- Trolley travel deceleration device. The trolley speed must be
automatically reduced prior to the trolley reaching the end limit in both directions.
Temporary alternative measure: The employer must post a notice in the cab of the crane
notifying the operator that the trolley travel deceleration device is malfunctioning and
instructing the operator to take special care to reduce the trolley speed when approaching
the trolley end limits.

49

Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.
§1926.1435(e)(6)(iii) -- Boom hoist deceleration device. The boom speed must be
automatically reduced prior to the boom reaching the minimum or maximum radius limit.
Temporary alternative measure: The employer must post a notice in the cab of the crane
notifying the operator that the boom hoist deceleration device is malfunctioning and
instructing the operator to take special care to reduce the boom speed when approaching
the minimum or maximum radius limits.
Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b).
Therefore, OSHA is not taking burden for this paperwork requirement in Item 12 below.
§1926.1435(e)(6)(vi) -- Load hoist deceleration device. The load speed must be
automatically reduced prior to the hoist reaching the upper limit. Temporary alternative
measure: The employer must post a notice in the cab of the crane notifying the operator
that the load hoist deceleration device is malfunctioning and instructing the operator to
take special care to reduce the load speed when approaching the upper limits.
Purpose: This provision ensures that equipment that is not functioning properly will be
tagged out of service until the problem is remedied. This will avoid injury that could
result from use of deficient equipment. The requirement of a notice in the cab ensures
that employees can identify unsafe components of the equipment because they are tagged
as out of service. OSHA considers this tag-out requirement to be a usual and customary
work practice in the industry. See, e.g., ASME B30.5-2004 5-2.3.2(b). Therefore,
OSHA is not taking burden for this paperwork requirement in Item 12 below.
§1926.1435(e)(6)(vi) -- Load indicating device. Cranes manufactured after [INSERT
DATE 1 YEAR AND 90 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER] must have a device that displays the magnitude of the load on
the hook. Displays that are part of load moment limiting devices that display the load on
the hook meet this requirement. Temporary alternative measures: The weight of the
load must be determined from a source recognized by the industry (such as the load’s
manufacturer), or by a calculation method recognized by the industry (such as calculating

50

a steel beam from measured dimensions and a known per foot weight), or by other
equally reliable means. This information must be provided to the operator prior to the lift.
Purpose: When chosen as a specified compliance alternative, obtaining the required
information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA is not taking a paperwork burden for this requirement because it
considers the requirement to be a usual and customary practice in the industry as
indicated by a similar requirement in ASME B30.5- 2000, section 5-3.2.1.1(c).
§1926.1435(f)(3) -- Post-erection inspection. In addition to the requirements in
§ 1926.1412(c), the following requirements shall be met:
(i) A load test using certified weights, or scaled weights using a certified scale with a
current certificate of calibration, shall be conducted after each erection.
(ii) The load test must be conducted in accordance with the manufacturer’s instructions
when available. Where these instructions are unavailable, the test must be conducted in
accordance with written load test procedures developed by a registered professional
engineer familiar with the type of equipment involved.
Purpose: The calibration requirement in paragraph 1926.1435(f)(3)(i) ensures that the
employers provide the equipment necessary to conduct an accurate load test. OSHA
believes that to meet this calibration requirement, employers are most likely to test
weights on the same calibrated scales that are used to verify loads that are to be handled.
See, e.g., ANSI B30.3-1996, section 3-1.1.2(g). Therefore, OSHA considers the
requirement to be a usual and customary practice in the industry and is not taking a
paperwork burden for it.
Compliance with the documentation requirement in paragraph 1926.1435(f)(3)(ii) would
ensure that, in the absence of manufacturer’s instructions, effective load testing
procedures will be developed by an RPE. These instructions would help the employer
discover, prior to placing the crane into operation, any significant equipment deficiencies
or errors made during erection of the equipment. Having the required information
available to the employer would prevent inaccurate testing of the equipment that could
contribute to equipment failure. OSHA considers this load-testing requirement to be a
usual and customary work practice in the industry because manufacturers provide loadtesting instructions with the equipment, but is taking a paperwork burden for this
requirement to account for the small number of instances where the manufacturer’s
instructions for testing are not available.
DD. Derricks (§ 1926.1436)
[§ 1926.1436(b)(3), (c)(2)(i), (c)(2)(ii), (c)(2)(iii), (d)(1), (f)(3)(i), (f)(3)(ii), (g)(1)(ii),
(g)(2), (g)(3), (g)(4), (h), and (q)]
§ 1926.1436(b)(3) -- Load chart location.

51

(i) Permanent installations. For permanently installed derricks with fixed lengths of
boom, guy, and mast, a load chart shall be posted where it is visible to personnel
responsible for the operation of the equipment.
(ii) Non-permanent installations. For derricks that are not permanently installed, the
load chart shall be readily available at the job site to personnel responsible for the
operation of the equipment.
Purposes: This load-chart information requirement is needed by the personnel
responsible for the operation of the equipment to calculate the parameters of a safe lift.
OSHA is not taking a paperwork burden for this information requirement because it
considers the requirement to be a usual and customary practice in the industry as
indicated by similar provision in ANSI B30.6-1969, section 6-1.1.2(a).
§ 1926.1436(c)(2) -- Guy derricks.
(i) -- The minimum number of guys shall be 6, with equal spacing, except where a
qualified person or derrick manufacturer approves variations from these requirements and
revises the rated capacity to compensate for such variations.
(ii) Guy derricks must not be used unless the employer has the following guy
information from the manufacturer or a qualified person, when not available from the
manufacturer:
(A) The number of guys.
(B) The spacing around the mast.
(C) The size, grade, and construction of rope to be used for each guy.
(iii) For guy derricks manufactured after December 18, 1970, in addition to the
information required in paragraph (c)(2)(ii) of this section, the employer must have the
following guy information from the manufacturer or a qualified person, when not
available from the manufacturer:
(A) The amount of initial sag or tension.
(B) The amount of tension in guy line rope at anchor.
Purpose: These information requirements ensure that the employer has the necessary
information to construct, maintain, and operate the guy derricks safely. OSHA considers
this requirement to be a usual and customary practice in the industry as indicated by a
similar provision in ASME B30.6-2003, section 6-1.2.2. Therefore, OSHA is not taking
a paperwork burden for this requirement.

52

§ 1926.1436(d)(1) -- Load anchoring data developed by the manufacturer or a qualified
person must be used.
Purpose: These information requirements ensure that the employer has the necessary
information to anchor guy and stiffleg derricks safely. OSHA is not taking a paperwork
burden for this requirement because it considers the requirement to be a usual and
customary practice in the industry as indicated by a similar provision in ASME B30.62003, section 6-1.4.3.
§ 1926.1436(f)(3)(i) -- Derricks manufactured more than one year after [INSERT DATE
90 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] with a
maximum rated capacity over 6,000 pounds must have at least one of the following: load
weighing device, load moment indicator, rated capacity indicator, or rated capacity
limiter. Temporary alternative measures: The weight of the load must be determined
from a source recognized by the industry (such as the load’s manufacturer), or by a
calculation method recognized by the industry (such as calculating a steel beam from
measured dimensions and a known per foot weight), or by other equally reliable means.
This information must be provided to the operator prior to the lift. See § 1926.1417(j)
for additional requirements.
Purpose: When chosen as a specified compliance alternative, obtaining the required
information, prior to the lift, is essential to the safe handling of the load and operation of
the equipment. OSHA considers this requirement to be a usual and customary practice in
the industry as indicated by a similar requirement in ASME B30.6-2003, section 63.3.1(b). Therefore, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1436(f)(3)(ii) -- A load weight/capacity device that is not working properly must
be repaired no later than 30 days after the deficiency occurs. Exception: If the employer
documents that it has ordered the necessary parts within 7 days of the occurrence of the
deficiency, and the part is not received in time to complete the repair in 30 days, the
repair must be completed within 7 days of receipt of the parts.
Purpose: This documentation requirement is an administrative control to ensure that a
defective operational aid on equipment that remains in service has been ordered and will
be replaced in a timely manner. OSHA believes that employers maintain purchasing
orders and receipts for parts as a usual and customary accounting practice of the industry
and would use these documents to meet this requirement. Therefore, OSHA is not taking
a paperwork burden for this requirement.
§ 1926.1436(g)(1) -- Anchorages.
*

*

*

(ii) If using a rock or hairpin anchorage, the qualified person must determine if any
special testing of the anchorage is needed. If so, it must be tested accordingly.

53

Purpose: Compliance with this information requirement will help the employer ensure
that the derrick would not collapse due to insufficient anchoring, thereby endangering
employees in the vicinity of the derrick. The provisions in paragraph (g)(1) of this
section are similar to the requirements specified by ANSI B30.6-1969; the provisions
also are similar to requirements in ASME B30.6-2003, section 6-2.2.1(b). For this
reason, OSHA considers compliance with this information requirement to be a usual and
customary practice in the industry, and is not taking a paperwork burden for it.
§ 1926.1436(g)(2) -- Functional test. Prior to initial use, new or reinstalled derricks must
be tested by a competent person with no hook load to verify proper operation. This test
must include:
(i) Lifting and lowering the hook(s) through the full range of hook travel.
(ii) Raising and lowering the boom through the full range of boom travel.
(iii) Swinging in each direction through the full range of swing.
(iv) Actuating the anti two-block and boom hoist limit devices (if provided).
(v) Actuating locking, limiting and indicating devices (if provided).
Purpose: The functional test required by paragraph (g)(2) of this section will identify
potential equipment deficiencies or hazards prior to its use. OSHA considers this
requirement to be a usual and customary practice in the industry as indicated by a similar
provision in ANSI B30.6-1969, section 6-2.2.1(a). Therefore, OSHA is not taking a
paperwork burden for this requirement.
§1926.1436(g)(3) -- Load test. Prior to initial use, new or reinstalled derricks must be
load tested by a competent person. The test load must meet the following requirements:
(i) Test loads must be at least 100% and no more than 110% of the rated capacity, unless
otherwise recommended by the manufacturer or qualified person, but in no event must
the test load be less than the maximum anticipated load.
(ii) The test must consist of:
(A) Hoisting the test load a few inches and holding to verify that the load is supported by
the derrick and held by the hoist brake(s).
(B) Swinging the derrick, if applicable, the full range of its swing, at the maximum
allowable working radius for the test load.
(C) Booming the derrick up and down within the allowable working radius for the test
load.

54

(D) Lowering, stopping and holding the load with the brake(s).
(iii) The derrick must not be used unless the competent person determines that the test
has been passed.
Purpose: The load test required by paragraph (g)(3) of this section will identify potential
equipment deficiencies or hazards while hoisting a test load prior to the equipment’s use.
OSHA is not taking a paperwork burden for this requirement because it considers the
requirement to be a usual and customary practice in the industry as indicated by a similar
requirement in ASME B30.6-2003 section 6-2.2.2. Although the test must be
documented in accordance with § 1926.1436(g)(4), the burden for that documentation is
taken under paragraph (g)(4).
§ 1926.1436(g)(4) -- Documentation. Tests conducted under this paragraph must be
documented. The document must contain the date, test results and the name of the tester.
The document must be retained until the derrick is re-tested or dismantled, whichever
occurs first. All such documents must be available, during the applicable document
retention period, to all persons who conduct inspections in accordance with § 1926.1412.
Purpose: These functional- and load-test documentation requirements will help the
employer identify defects in the derrick prior to use, which prevent failures of the
equipment. Having a documented record of this testing information serves as an
administrative tool to confirm that the testing has been conducted and provides a
historical reference document for the equipment.
§ 1926.1436(h) -- Load testing repaired or modified derricks. Derricks that have had
repairs, modifications or additions affecting the derrick’s capacity or safe operation must
be evaluated by a qualified person to determine if a load test is necessary. If it is, load
testing must be conducted and documented in accordance with paragraph (g) of this
section.
Purpose: Where a load test is required, the documentation of the load test (required by
paragraph (g)(4)) is needed for the same reasons explained above for § 1926.1436(g)(4),
and the burden for that documentation is taken under that paragraph. The determination
of whether a load test is necessary ensures that a qualified person will identify potential
hazards resulting from the repairs, modifications, or additions that could result in the
unsafe operation of the derrick. OSHA considers this requirement to be a usual and
customary practice in the industry as indicated by a similar requirement in ASME B30.62003, section 6-2.2.2(b). Therefore, OSHA is not taking a paperwork burden for this
requirement.
§ 1926.1436(q) -- Qualification and Training. The employer must train each operator of
a derrick on the safe operation of equipment the individual will operate. Section
1926.1427 of this subpart (Operator qualification and certification) does not apply.

55

Purpose: This exchange of information ensures that employees are made aware of the
proper procedures and hazards associated with the operation of a derrick so that the
operators will operate the equipment safely. OSHA considers this training provision to
be performance oriented as indicated by a generic training requirement specified by §
1926.21(b)(2), and, therefore, is not taking a paperwork burden for it.
EE. Floating Cranes & Land Cranes on Barges (§ 1926.1437)
[§ 1926.1437(c)(2)(ii), (g), (h)(6), (m)(4), (n)(2), (n)(3)(i), (n)(3)(ii), (n)(5)(v), and
(n)(6)(i)]
§1926.1437(c)(2)(ii) -- Clearly mark the hazard areas by a combination of warning signs
(such as, “Danger – Swing/Crush Zone”) and high visibility markings on the equipment
that identify the hazard areas. In addition, the employer must train each employee to
understand what these markings signify.
Purpose: Although OSHA considers barricading hazardous areas around the equipment
to be a usual and customary practice in the industry, posting signs is not such a usual and
customary practice. The posting requirement notifies employees in the vicinity of the
equipment about the hazardous swing radius areas they must recognize and avoid.
OSHA is taking a paperwork burden for the posting requirement, but not for any
barricading that may accompany the postings.
The training requirement is an exchange of information that ensures that employees
understand the marking and hazard instructions they convey. OSHA considers this
training provision to be performance oriented as indicated by a generic training
requirement specified by § 1926.21(b)(2), and, therefore, is not taking a paperwork
burden for it.
§ 1926.1437(g) -- Accessibility of procedures applicable to equipment operation. If the
crane/derrick has a cab, the requirements of § 1926.1417(c) apply. If the crane/derrick
does not have a cab, the employer must ensure that:
(1) Rated capacities (load charts) are posted at the operator’s station. If the operator’s
station is moveable (such as with pendant-controlled equipment), the load charts are
posted on the equipment.
(2) Procedures applicable to the operation of the equipment (other than load charts),
recommended operating speeds, special hazard warnings, instructions and operators
manual, must be readily available on board the vessel/flotation device.
Purpose: This requirement ensures that equipment operators have immediate access in
the cab to information that is needed to make determinations that could affect the safe
operation of the equipment. OSHA considers this requirement to be a usual and
customary practice in the industry as indicated by a similar provision in ASME B30.52000, section 5-1.1.3(a). Therefore, OSHA is not taking a paperwork burden for this
requirement.

56

§1926.1437(h)(6) -- Documentation. The monthly and annual inspections required in
paragraphs (h)(2) and (h)(4) of this section are documented in accordance with §§
1926.1412 (e)(3) and 1926.1412(f)(7), respectively, and that the four-year inspection
required in paragraph (h)(5) of this section is documented in accordance with §
1926.1412(f)(7), except that the documentation for that inspection must be retained for a
minimum of 4 years. All such documents must be made available, during the applicable
document retention period, to all persons who conduct inspections in accordance with §
1926.1412.
Purpose: Requiring the documentation specified in paragraph (h)(6) of this section
provides employers with an administrative tool with which to monitor the condition of
specified pieces of equipment during inspections. More specifically, employers will be
able to track any deterioration of the equipment that could compromise the safety of
equipment operations.
The inspections required by § 1926.1437 are usual and customary in the industry. See,
e.g., ASME B30.8-1999, sections 8-2.1.1 (describing “frequent” and “periodic”
inspections as monthly and annual, respectively), 8-2.1.2 (requirements for “frequent”
inspections), 8-2.1.3 (requirements for “periodic” inspections), and 8-2.1.3(b)(2)
(inspection of compartments). OSHA is therefore not taking burden in Items 12 or 13 for
the act of conducting the inspection. However, OSHA is taking burden in Item 12 for the
time spent documenting the inspection and making that documentation available. With
respect to the four-year inspection, OSHA is taking additional burden in Items 12 and 13
because the standard specifies that this inspection must be conducted by a person with
specific qualifications not similarly specified in the applicable ASME standards.
§ 1926.1437(m)(4) -- If the equipment is employer-made, it must not be used unless the
employer has documents demonstrating that the load charts and applicable parameters for
use meet the requirements of paragraphs (m)(1) through (3) of this section. Such
documents must be signed by a registered professional engineer who is a qualified person
with respect to the design of this type of equipment (including the means of flotation).
Purpose: When equipment is employer-made, this documentation requirement serves as
an administrative tool for employers to confirm that an RPE has evaluated the
equipment’s design, thereby preventing the use of unsafe equipment. Requiring the
signature of the inspector would induce the engineer to ensure that the load charts and
applicable parameters are calculated correctly.
§ 1926.1437(n) -- Land cranes/derricks. For land cranes/derricks used on barges,
pontoons, vessels or other means of flotation, the employer must ensure that:
*

*

*

(2) The rated capacity modification required in paragraph (n)(1) of this section is
performed by the equipment manufacturer, or a qualified person who has expertise with
respect to both land crane/derrick capacity and the stability of vessels/flotation devices.

57

(3) For list and trim.
(i) The maximum allowable list and the maximum allowable trim for the barge, pontoon,
vessel or other means of flotation must not exceed the amount necessary to ensure that
the conditions in paragraph (n)(4) of this section are met. In addition, the maximum
allowable list and the maximum allowable trim does not exceed the least of the
following: 5 degrees, the amount specified by the crane/derrick manufacturer, or, when,
an amount is not so specified, the amount specified by the qualified person.
(ii) The maximum allowable list and the maximum allowable trim for the land
crane/derrick does not exceed the amount specified by the crane/derrick manufacturer, or,
when, an amount is not so specified, the amount specified by the qualified person.
Purpose: The requirements in § 1926.1437(n)(2) provides the operator with information
that will enable the operator to avoid maritime conditions that adversely affect the safe
operation of the equipment.
The requirement in § 1926.1437(n)(3) provides employers with information that
accurately portrays the decreased capacity of land cranes and derricks when attached to
flotation devices and barges. A qualified person is needed to make the required
modifications of rated capacities to ensure that this complex, technical task accounts
correctly for both the land crane/derrick capacity and the stability of vessels/flotation
devices. OSHA considers this requirement to be a usual and customary practice of the
industry as indicated by a similar requirement in ASME B30.8-2004, sections 8-1.2 and
8-1.3. Therefore, OSHA is not taking a paperwork burden for this requirement.
Note: In the paperwork assessment accompanying the proposed rule, the Agency
treated proposed § 1926.1437(n)(1) as requiring the collection of information. In this
final paperwork assessment, however, the Agency concludes that the requirement to
reduce the load capacity is not a collection of information, and the relevant information
collection is in § 1926.1437(n)(2).
§ 1926.1437(n)(5) -- Physical attachment, corralling, rails system and centerline cable
system meet the requirements in Option (1), Option (2), Option (3), or Option (4) of this
section, and that whichever option is used also meets the requirements of paragraph
(n)(5)(v) of this section.
*

*

*

(v) The systems/means used to comply with Option (1), Option (2), Option (3), or Option
(4) of this section are designed by a marine engineer, registered professional engineer
familiar with floating crane/derrick design, or qualified person familiar with floating
crane/derrick design.
Purpose: The proper selection and design of the devices identified in this provision is
important to prevent unplanned movement, tipover, or collapse of the equipment. The
requirement that the devices be designed by the specified engineer or qualified person

58

ensures that the designer will have sufficient knowledge and experience to account for
numerous factors that, if not addressed, could result in the unsafe operation of the
equipment.
§ 1926.1437(n)(6) -- Exception. For mobile auxiliary cranes used on the deck of a
floating crane/derrick, the requirement specified by paragraph (n)(5) of this section to use
Option (1), Option (2), Option (3), or Option (4) does not apply when the employer
demonstrates implementation of a plan and procedures that meet the following
requirements:
(i) A marine engineer or registered professional engineer familiar with floating
crane/derrick design develops and signs a written plan for the use of the mobile auxiliary
crane.
Purpose: The information required by paragraph (n)(6)(i) of this section needs to be
developed to ensure that the system is designed correctly. System failure could result in
unplanned movement of the crane/derrick, with consequent injury to employees. This
documentation requirement also serves as a reference for employees who must know and
understand the parameters under which the mobile crane can be operated safely. The
signature requirement in paragraph (n)(6)(i) induces the engineer to ensure that the plane
is developed correctly.
Note: The information requirements in paragraph (n)(6) of the final rule were
included in the proposed rule as § 1926.1437(n)(5)(vi).

FF. Overhead and Gantry Cranes (§ 1926.1438)
[§ 1926.1438(b)(2)(i) and (b)(2)(ii)(A)]
§ 1926.1438(b) -- Overhead and gantry cranes that are not permanently installed in a
facility.
*

*

*

(2) -- The following requirements apply to equipment identified in paragraph (b)(1) of
this section:
(i) -- Sections 1926.1400 through 1926.1414; §§ 1926.1417 through 1926.1425; §
1926.1426(d), §§ 1926.1427 through 1926.1434; § 1926.1437, § 1926.1439, and §
1926.1441.
(ii) The following portions of § 1910.179:
(A) Paragraphs (b)(5),(6),(7); (e)(1),(3),(5),(6); (f)(1),(4); (g); (h)(1),(3); (k); and (n) of §
1910.179.

59

Purpose: There are a number of information exchange requirements included in the
sections cited in 1926.1438(b)(2)(i). Each of them is identified above (except for §
1926.1441, which is discussed below), and the purposes of the collections are set forth in
relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.
Paragraph § 1926.1438(b)(2)(ii)(A), which also applies to fixed overhead and gantry
cranes covered by subpart CC, requires compliance with several requirements of §
1910.179. One of these provisions made mandatory by § 1926.1438(b)(2)(ii)(A), §
1910.179(b)(5), requires that the rated load of the crane be plainly marked on each side of
the crane, and if the crane has more than one hoisting unit, each hoist shall have its rated
load marked on it or its load block, and this marking shall be clearly legible from the
ground floor. These 29 CFR part 1910 requirements were selected because each
requirement is a safety requirement that applies to this type of crane regardless of
whether it is used in construction or general industry. Compliance with this labeling
requirement provides the operator with information about load ratings of the equipment
when determinations must be made that affect the safe operation of the overhead and
gantry crane. OSHA considers this requirement to be a usual and customary practice in
the industry as indicated by a similar provision in AMSE B30.2-2001, section 2-1.1.1
and, therefore, is not taking a paperwork burden for that requirement in Item 12 below.
GG. Dedicated pile drivers (§ 1926.1439)
[§ 1926.1439(a)]
§ 1926.1439(a) -- The provisions of subpart CC apply to dedicated pile drivers, except as
specified in this section.
Purpose: This paragraph requires general compliance with most requirements in subpart
CC, including a number of information exchange requirements. Each of the requirements
is identified above (except for § 1926.1441, which is discussed below) and the purposes
of the collections are set forth in relation to those sections. The paperwork burdens for
those requirements, where applicable, are taken under the appropriate sections.
HH. Sideboom Cranes (§ 1926.1440)
[§ 1926.1440(a)]
§ 1926.1440(a) -- The provisions of this standard apply, except § 1926.1402 (Ground
conditions), § 1926.1415 (Safety devices), § 1926.1416 (Operational aids), and §
1926.1427 (Operator qualification and certification).
Purpose: Sideboom cranes are exempted from the requirements specified in §§
1926.1402, 1926.1415, 1926.1416, and 1926.1427 because of the limited capacity and
relative simplicity involved in the operation of sideboom cranes. This paragraph requires
general compliance with most requirements in subpart CC, including a number of
information exchange requirements. Each of the requirements is identified above (except
for § 1926.1441, which is discussed below) and the purposes of the collections are set

60

forth in relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.
I I. Requirements for equipment with a manufacturer-rated hoisting/lifting
capacity of 2000 pounds or less (§ 1926.1441)
[§ 1926.1441(a), (b)(2)(i)(A), (b)(2)(i)(B), 1441(c)(2)(i), (c)(2)(ii), (c)(2)(iii), (c)(3)(i),
(c)(3)(ii), (c)(3)(iii), (e), and (f)]
§ 1926.1441(a) – The employer using this equipment must comply with the following
provisions of this subpart: § 1926.1400 (Scope); § 1926.1401 (Definitions); § 1926.1402
(Ground conditions); § 1926.1403 (Assembly/disassembly—selection of manufacturer or
employer procedures); § 1926.1406 (Assembly/disassembly—employer procedures); §§
1926.1407 through 1926.1411 (Power line safety); § 1926.1412(c) (Post-assembly); §§
1926.1413 through 1926.1414 (Wire rope); § 1926.1418 (Authority to stop operation); §§
1926.1419 through 1926.1422 (Signals); § 1926.1423 (Fall protection); § 1926.1425
(Keeping clear of the load) (except for § 1926.1425(c)(3) (qualified rigger)); § 1926.1426
(Free fall and controlled load lowering); § 1926.1432 (Multiple crane/derrick lifts—
supplemental requirements); § 1926.1434 (Equipment modifications); § 1926.1435
(Tower cranes); § 1926.1436 (Derricks); § 1926.1437 (Floating cranes/derricks and land
cranes/derricks on barges); § 1926.1438 (Overhead & gantry cranes).
Purpose: This paragraph requires general compliance with many of the requirements in
subpart CC, including a number of information exchange requirements. Each of the
requirements is identified above and the purposes of the collections are set forth in
relation to those sections. The paperwork burdens for those requirements, where
applicable, are taken under the appropriate sections.
§ 1926.1441(b)(2)(i) -- The selection of components, and the configuration of the
equipment, that affect the capacity or safe operation of the equipment complies with
either the:
(A) Manufacturer instructions, recommendations, limitations, and specifications. When
these documents and information are unavailable, a registered professional engineer
familiar with the type of equipment involved must approve, in writing, the selection and
configuration of components; or
(B) Approved modifications that meet the requirements of section § 1926.1434
(Equipment modifications).
Purpose: The written approval documentation required by paragraph (b)(2)(i)(A) serves
as a reference for employees who must recognize and be protected from the hazards
associated with the equipment’s configuration. Obtaining an RPE’s written approval
ensures that any developed instructions, recommendations, limitations, and specifications
have been evaluated and confirmed to be safe for application for the equipment. The
paperwork burden for the RPE’s written approval is taken under Item 13.

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The written documentation required by § 1926.1434, as referenced in §
1926.1441(b)(2)(i)(B), serves as a reference for employees who must recognize and be
protected from the hazards associated with the equipment’s modified configuration as
approved by a qualified person. The burden for this documentation is included in the
burden for § 1926.1434 in Item 12, and OSHA therefore is not taking a separate burden
for § 1926.1441(b)(2)(i)(B).
§ 1926.1441(c)(2) -- Unavailable operation procedures.
(i) When the manufacturer’s procedures are unavailable, develop, and ensure compliance
with, all procedures necessary for the safe operation of the equipment and attachments.
(ii) Ensure that procedures for the operational controls are developed by a qualified
person.
(iii) Ensure that procedures related to the capacity of the equipment are developed and
signed by a registered professional engineer familiar with the equipment.
Purpose: When a manufacturer’s procedures are unavailable, the documentation
requirement ensures that an RPE has developed safe operation procedures related to the
equipment’s capacity.
§ 1926.1441(c)(3)(i) -- The load chart is available to the operator at the control station;
Purpose: This information requirement ensures that the operator of the equipment will
have the information necessary to calculate the parameters of a safe lift. This requirement
becomes especially important on equipment with a hoisting/lifting capability of 2000
pounds or less because this capacity can be easily exceeded. OSHA considers this
requirement to be a usual and customary practice in the industry as indicated by similar
provisions in ASME B30.5-2000, section 5-1.1.3(a). Therefore, OSHA is not taking a
paperwork burden for this requirement.
§ 1926.1441(c)(3)(ii) -- Procedures applicable to the operation of the equipment,
recommended operating speeds, special hazard warnings, instructions, and operator’s
manual are readily available for use by the operator.
Purpose: The information requirement ensures that the information is immediately
available to an operator so that he or she can use it to make timely determinations that
affect the safe operation of the equipment. OSHA is not taking a paperwork burden for
this requirement because it considers the requirement to be a usual and customary
practice in the industry as indicated by similar requirements in ASME B30.5-2000,
section 5-1.1.3(a).
§ 1926.1441(c)(3)(iii) – When rated capacities are available at the control station only in
electronic form and a failure occurs that makes the rated capacities inaccessible, the

62

operator immediately ceases operations or follows safe shut-down procedures until the
rated capacities (in electronic or other form) are available.
Purpose: The availability of the rated capacities is crucial for the safe operation of the
equipment because that information is used by the operator to make determinations about
the safe operation of the equipment. This provision ensures that the equipment will be
tagged out of service if this information is not available. The information exchange
requirement in § 1926.1417(f) ensures that employees will not use the equipment once it
is tagged as out of service. OSHA considers this tag-out requirement to be a usual and
customary work practice in the industry. OSHA considers this tag-out requirement to be
a usual and customary work practice in the industry. See, e.g., ASME B30.5-2004 52.3.2(b). Therefore, OSHA is not taking burden for this paperwork requirement in Item
12 below.
§ 1926.1441(e) -- Operator qualifications. The employer shall ensure that, prior to
operating the equipment, the operator is trained on the safe operation of the type of
equipment the operator will be using.
Purpose: This training requirement ensures that operators receive training that would
give them the ability to recognize and avoid unsafe conditions related to the operation of
the equipment. OSHA considers this training requirement to be performance-oriented, as
well as covered by the generic training requirements specified by §§ 1926.20(b)(4) and
1926.21(b)(2). Therefore, OSHA is not taking a paperwork burden for this requirement.
§ 1926.1441(f) -- Signal person qualifications. The employer shall ensure that signal
persons are trained in the proper use of signals applicable to the use of the equipment.
Purpose: This training requirement ensures that the signal person recognizes and avoids
hazards related to the operation of cranes, and understands how the performance of his or
her duties affects the safety of equipment operations. This requirement also ensures that
communication between the crane operator and the signal person is clear and effective,
and will prevent crane accidents that could be caused by inadequately trained signal
persons. OSHA considers this training provision to be performance oriented, as well as
similar to the requirements in § 1926.21(b)(2), and therefore, is not taking burden for the
requirement under Item 12 below.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.

Employers would be able to use automated, electronic, mechanical, or other technological
information-collection techniques, or other forms of information technology when
establishing and retaining the required records. The Agency wrote the paperwork
requirements of the Standard in performance-oriented language (i.e., in terms of what
data to collect, not how to document the data). However, several paragraphs of this

63

standard will require employers to prepare written documents to: establish safe
configurations of equipment and operation procedures; verify critical calculations that
affect the safe operation of the equipment; document employee qualifications; warn
employees of hazards; confirm the immediate ordering of operational aids, and the
completion of required inspections. The following paragraphs of this standard have been
identified for these purposes: 29 CFR 1926.1403(b), 29 CFR 1926.1404(j), 29 CFR
1926.1404(m)(1)(i), 29 CFR 1926.1404(m)(1)(ii), 29 CFR 1926.1406(b), 29 CFR
1926.1407(g), 29 CFR 1926.1409*, 29 CFR 1926.1410(d), 29 CFR 1926.1410(e), 29
CFR 1926.1410(f), 29 CFR 1926.1410(j), 29 CFR 1926.1411 Table T, 29 CFR
1926.1412(a)(1)(i), 29 CFR 1926.1412(a)(1)(ii)(A), 29 CFR 1926.1412(c)(2)(i), 29 CFR
1926.1412(e)(2)(i) , 29 CFR 1926.1412(e)(3)(i), 29 CFR 1926.1412(e)(3)(ii), 29 CFR
1926.1412(f)(6), 29 CFR 1926.1412(f)(7), 29 CFR 1926.1412(g)(3), 29 CFR
1926.1412(h), 29 CFR 1926.1413(b)(4), 29 CFR 1926.1413(c)(3)(ii), 29 CFR
1926.1413(c)(4), 29 CFR 1926.1414(e)(2)(iii), 29 CFR 1926.1414(e)(3)(iii), 29 CFR
1926.1417(b)(1), 29 CFR 1926.1417(b)(2), 29 CFR 1926.1417(b)(3), 29 CFR
1926.1417(j)(1), 29 CFR 1926.1424(a)(2)(ii), 29 CFR, 1926.1427(a)(1), 29 CFR
1926.1427(e)(1), 29 CFR 1926.1427(h)(1)(i), 29 CFR 1926.1427(h)(1)(ii), 29 CFR
1926.1428(a)(1), 29 CFR 1926.1428(a)(2), 29 CFR 1926.1428(a)(3), 29 CFR
1926.1428(b), 29 CFR 1926.1433(e), 29 CFR 1926.1434(a)(1)(i), 29 CFR
1926.1434(a)(1)(ii), 29 CFR 1926.1434(a)(2)(i), 29 CFR 1926.1435(b)(3), 29 CFR
1926.1435(b)(7)(ii), 29 CFR 1926.1435(c)(5), 29 CFR 1926.1435(f)(3)(ii), 29 CFR
1926.1436(g)(4), 29 CFR 1926.1437(c)(2)(ii), 29 CFR 1926.1437(h)(6), 29 CFR
1926.1437(m)(4), 29 CFR 1926.1437(n)(2), 29 CFR 1926.1437(n)(5)(v), 29 CFR
1926.1437(n)(6)(i), 29 CFR 1926.1441(b)(2)(i)(A), 29 CFR 1926.1441(b)(2)(i)(B), 29
CFR 1926.1441(c)(2)(i), 29 CFR 1926.1441(c)(2)(ii), 29 CFR 1926.1441(c)(2)(iii), and
29 CFR 1926.1441(c)(3)(ii). Employers may prepare and maintain the written
documents in electronic form, provided that where a signature is required such signature
is captured in electronic form. Alternatively, employers may prepare a paper document
and scan and maintain electronic copies of these documents.
* All 29 CFR 1926.1409 provisions are accounted with applicable provisions of 29 CFR
1926.1407 and 1926.1408.
4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.

The requirements to collect and retain information are specific to each piece of
equipment and the conditions under which it is operated, and no other source or agency
duplicates these requirements or can make the information available to OSHA (i.e., the
information is available only from employers).
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB
Form 83-I), describe any methods used to minimize the burden.

The information-collection requirements specified by the Standard would not have a
significant impact on a substantial number of small entities.

64

6. Describe the consequence to Federal program or policy activities if the collection is not conducted
or is conducted less frequently, as well as any technical or legal obstacles to reducing the burden.

The Agency believes that the information-collection frequencies required by the Standard
are the minimum frequencies that would be necessary to effectively regulate the
equipment covered by this standard and, thereby, fulfill its mandate “to assure so far as
possible every working man and woman in the nation safe and healthful working
conditions and to preserve our human resources” as specified in the Act at 29 U.S.C. 651.
Accordingly, if employers do not perform the information collections, or delay in
providing this information, employees may be subject to an increased risk of death and
serious injury when working on or near cranes or derricks.
7. Explain any special circumstances that would cause an information collection to be conducted in
a manner:
·

requiring respondents to report information to the agency more often than quarterly;

·

requiring respondents to prepare a written response to a collection of information in fewer
than 30 days after receipt of it;

·

requiring respondents to submit more than an original and two copies of any document;

·

requiring respondents to retain records, other than health, medical, government contract,
grant-in- aid, or tax records, for more than three years;

·

in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe of study;

·

requiring the use of a statistical data classification that has not been reviewed and approved
by OMB;

·

that includes a pledge of confidentially that is not supported by authority established in
statue or regulation, that is not supported by disclosure and data security policies that are
consistent with the pledge, or which unnecessarily impedes sharing of data with other
agencies for compatible confidential use; or

·

requiring respondents to submit proprietary trade secret, or other confidential information
unless the agency can prove that it has instituted procedures to protect the information's
confidentially to the extent permitted by law.

Employers are required to place a tag in the cab of equipment when it is removed from
service because it is not functioning properly. The information exchange requirement in
§ 1926.1417(f) ensures that employees can identify unsafe components of the equipment,
and thereby avoid unsafe operation of the equipment, because the equipment is tagged as
out of service. This written exchange of information must be provided as soon as
possible after malfunctioning equipment is taken out of service, and necessarily within 30
days, to avoid injury from the use of that equipment by employees who are not aware of
the malfunction.
No other special circumstances exist that would require employers to collect the
information using the procedures specified by this Item. The requirements are within the
guidelines set forth in 5 CFR 1320.5.
65

8. If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to those comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years - even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation
in a specific situation. These circumstances should be explained.

The final Cranes and Derricks Standard contains collection of information requirements
(paperwork) that are subject to review by the Office of Management and Budget (OMB).
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA-95)
(44 U.S.C. 3506(c)(2)), the proposed regulation solicited comments on the information
collection included in the proposal. The Department also submitted an information
collection request (ICR), titled “Cranes and Derricks in Construction (29 CFR part 1926
subpart CC),” to OMB for review in accordance with 44 U.S.C. 3507(d) on the date the
proposed regulation was published. On January 8, 2009, OMB informed the Department
of Labor to use OMB control number 1218-0261 in future submissions involving this
rulemaking. OMB also commented, “This OMB action is not an approval to conduct or
sponsor an information collection under the Paperwork Reduction Act of 1995.”
OSHA received no public comments that addressed specifically the paperwork burden
analysis of the information collections. A number of comments, described in the
preamble, contained information relevant to the costs and burden hours attendant to the
non-paperwork provisions of the proposal, which OSHA considered when it developed
the revised burden analysis for the ICR associated with this final rule.
The Department of Labor has submitted the Cranes and Derricks ICR to OMB for OMB
approval. OSHA will publish a separate notice in the Federal Register that will announce
the results of that review and include any applicable OMB control number. That notice
also will include a summary of the information collection requirements and burdens
imposed by the new standard. A copy of the ICR is available as an exhibit at
http://www.reginfo.gov. The Department of Labor notes that a Federal agency cannot
conduct or sponsor a collection of information unless it is approved by OMB under the
PRA, and displays a currently valid OMB control number. Also, notwithstanding any
other provision of law, no employer shall be subject to penalty for failing to comply with
a collection of information if the collection of information does not display a currently
valid OMB control number.
In 1998, OSHA’s Advisory Committee for Construction Safety and Health (ACCSH)
established a workgroup to develop recommended changes to the Subpart N requirements

66

for cranes and derricks. The workgroup developed recommendations on some issues and
submitted them to the full committee in a draft workgroup report. (OSHA-2007-00660020). In December 1999, ACCSH recommended to OSHA that the agency consider
using a negotiated rulemaking process as the mechanism to update Subpart N (ACCSH
1999-4, Ex. 100x, p. 112).
A tentative list of issues for the Committee to address was published along with the final
list of Committee members (68 FR at 39879-90). At its initial meeting, the Committee
reviewed and revised the issue list, adding several issues. (OSHA-S030-2006-06630372). The Committee met 11 times between July 30, 2003 and July 9, 2004. As the
meetings progressed, the Committee reached consensus agreement on various issues and,
at the final meeting, reached consensus agreement on all outstanding issues. The
Committee’s work product, which was the Committee’s regulatory text it recommended
for the proposed rule, is referred to here as the C-DAC Consensus Document. (OSHAS030-2006-0663-0639). On October 12, 2006, ACCSH adopted a resolution supporting
the C-DAC Consensus Document and recommending that OSHA use it as the basis for a
proposed standard. (ACCSH 2006-1, Ex. 101x, pp. 248-49). The collections of
information identified in this preliminary information collections report were adopted
through consensus of the negotiated-rulemaking committee, C-DAC.
The proposed rule was published on October 9, 2008, and the public comment period was
extended to January 22, 2009. Additionally, public hearings were held in March 2009.
OSHA received over 200 public comments on the rule before the comment period closed
in June 2009.
9. Explain any decision to provide any payments or gift to respondents, other than reenumeration of
contractors or grantees.

The Agency will not provide payments or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the
assurance in statute, regulation, or agency policy.

The paperwork requirements specified by the Standard do not involve confidential
information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior
and attitudes, religious beliefs, and other matters that are commonly considered private. This
justification should include the reasons why the agency considers the questions necessary, the specific
uses to be made of the information, the explanation to be given to persons from whom the
information is requested, and any steps to be taken to obtain their consent.

None of the paperwork provisions in the Standard require sensitive information.
12. Provide estimates of the hour burden of the collection of information. The statement should:
·

Indicate the number of respondents, frequency of response, annual hour burden, and an
explanation of how the burden was estimated. Unless directed to do so, agencies should
not conduct special surveys to obtain information on which to base hour burden
estimates. Consultation with a sample (fewer than 10) of potential respondents is

67

desirable. If the hour burden on respondents is expected to vary widely because of
differences in activity, size, or complexity, show the range of estimated hour burden, and
explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.
·

If this request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

·

Provide estimates of annualized cost to respondents for the hour burdens for collections
of information, identifying and using appropriate wage-rate categories.

Burden-hour and Cost Determinations
Estimates of the burden hours and cost for each information collection requirement in the
Standard are shown below (with a summary of these estimates, as well as the estimated
number of responses for each of these requirements, provided in Table 1). Information
regarding the number of employers/establishments, total number of cranes and derricks,
total number of hoisting jobs, total number of particular types of cranes and derricks, and
total number of particular crane-related operations performed is from the Final Economic
And Regulatory Flexibility Analysis for OSHA’s Cranes and Derricks in Construction
final rule; this analysis is available as FEA in the docket (Docket No. OSHA-2007-0066)
established for this standard. 3 However, OSHA estimated most burden-hour
determinations using the resources of the Directorate of Construction’s staff who are
familiar with the crane industry.
In determining the wage rates for the various occupations that perform the paperwork
requirements, the Agency relied on the rates used in the FEA. OSHA Construction staff
used data from the FEA to estimate the wage rate for each occupation used to calculate
the burden hours and costs for the applicable provisions. The estimated wages are based
on the level of expertise and authority of the individuals when designated to perform
duties required by the standard. OSHA solicits comment regarding the estimates used for
these purposes. The estimated wage rates are listed as follows:
· Qualified Person:
· Operator:
· A/D Director:
· Professional Engineer:
· Shift Director:
. Auditor
· Signal Person:
. Spotter
· Qualified Rigger:
· Competent Person:
· Gen. Constr. Employee:
· Clerical Employee:

$41.25
$35.62
$35.62
$72.22
$35.62
$36.22
$25.15
$18.35
$21.12
$22.88
$18.35
$16.16

3

The docket may be accessed at www.regulations.gov.

68

1) 29 CFR 1926.1402(c)(2)
OSHA estimated in the FEA that equipment covered by this subpart is used to perform
1,146,703 jobs per year and it is assumed that at least one set-up occurs for each of these
jobs. OSHA estimates that a large percentage of these jobs will be performed using
equipment. OSHA construction staff believes it is a usual and customary practice for
operators, especially of equipment rental employers, to get information from the
controlling employer at the worksite regarding known hazards beneath equipment set up
areas. Therefore, OSHA construction staff estimates that for employers on 1,500 jobs,
mostly when non rental equipment is used, this required information exchange will be
performed as a work practice that is new to the employer. Typically, OSHA would
estimate that obtaining and providing this information would take employers about 10
minutes (.08 hour) if the information is available on site. However, if the required
information is kept off site, it is anticipated that the controlling employer would most
likely access this information, by phone, facsimile, computer but in a few instances, there
would be a need to go off site. Therefore, OSHA construction staff estimate that it would
take a controlling employer, most likely a shift director, 30 minutes (.5 hour) to obtain
and provide the required information regarding the location of known hazards beneath the
equipment set-up area to equipment users and operators. The estimated annual burden
hours and cost for this paragraph is:
Burden hours: 1,500 (jobs- info exchange as a new practice) x .5 hour (time for
exchange of info.) = 750 hours per year
Cost: 750 hours x $35.62 per hour (wage- shift director) = $26,715 per year
2) 29 CFR 1926.1403(b) and 1926.1406(b)
OSHA believes that for most equipment used to perform construction activities, it is a
usual and customary practice for the owners and manufacturers to provide procedures for
the A/D of their equipment. Therefore, OSHA construction staff estimates that 10
employers of primarily older models of equipment may own or use equipment that does
not have the required documentation. These employers will use a qualified person, most
likely an A/D director with the knowledge to develop such procedures, who will take 1.5
hours to develop and document, and 1 minute (.02 hour) to maintain, procedures for
safely performing A/D operations. The yearly burden hours and cost of this provision is
estimated to be:
Burden hours: 10 (equip. without A/D procedures) x 1.52 hours (to develop, document,
and maintain) = 15 hours per year
Cost: 15 hours per year x $35.62 per hour (wage - A/D director) = $534 per year
3) 29 CFR 1926.1404(f)(2)

69

OSHA construction staff estimates that 50 A/D jobsites per year will be configured such
that it would be necessary for an employee to be under the boom, jib, or other
components when pins (or similar devices) are being removed during A/D operations. It
is estimated that it would take an A/D director one half hour (.5 hour) to determine
alternatives to the A/D plan that would minimize the duration and exposure of employees
to the hazard of unintended, dangerous movements of the equipment. OSHA staff also
estimates that employers would most likely communicate information about this plan to
its employees in a 10 minutes (.17 hour) meeting before A/D operations are performed.
Burden hours: 50 (jobs where employees are under boom) x [.5 hour (determination) +
.17 hour (meeting)] = 34 hours
Cost: 34 hours x $35.62 per hour (wage of A/D director) = $1,211 per year
4) 29 CFR 1926.1404(j)
This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when information is not available for the employer
to reference and ensure that the manufacturers’ limitations have not been exceeded
regarding the maximum length of boom that may be supported by only cantilevering
during A/D operations. OSHA construction staff estimates that 20% of the 1,146,703
hoisting jobs performed in construction will require A/D. It is further estimated that
equipment in only 20% of these jobs will need the boom supported by only cantilevering
during A/D work. OSHA construction staff estimates that 1% of the equipment used on
these jobs, primarily older equipment models, will not have information available from
the manufacturer regarding cantilevered boom support. The burden for developing and
documenting the required information is addressed in Item 13. The burden taken here is
for the employer’s clerical staff to maintain the documentation produced by the RPE.
The yearly burden hours and cost of maintaining the documentation required by this
paragraph are estimated to be:
Burden hours: 1,146,703 (hoisting jobs) x .20 (A/D jobs) x .20 (% with cantilevered
boom support) x .01 (equipment w/o man. specs) x .02 hour (maintain documentation) =
9 hour per year
Cost: 9 hours per year x $16.16 per hour (wage-clerical) = $145 per year
5) 29 CFR 1926.1404(m)(1)(i); cost for 29 CFR 1926.1404(m)(1)(ii) taken under 29 CFR
1926.1434
This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when selection of components and configurations
of the equipment that affect the capacity are not in accordance with the manufacturer’s
specifications. OSHA construction staff estimates that 20% of the 1,146,703 hoisting
jobs performed in construction will require A/D. OSHA construction staff further
estimates that, primarily for older equipment, employers will exercise this option during

70

1% of these jobs when the manufacturer specifications are not available. The burden for
developing and documenting the required information is addressed in Item 13. The
burden taken here is for the employer’s clerical staff to maintain the documentation
produced by the RPE. The yearly burden hours and cost of maintaining the
documentation required by this paragraph are estimated to be:
Burden hours: 1,146,703 (total jobs) x .20 (A/D jobs) x .01 (equip. w/o man. specs) x
.02 hours (to maintain documents) = 46 hours
Cost: 46 hours x $16.16 per hour (wage- clerical) = $743 per year
6) 29 CFR 1926.1406(b)
(See calculations of burdens/costs for 29 CFR 1926.1403(b))
7) 29 CFR 1926.1407(a)(1)(i), (a)(3)(i), (c), (d), (e), (f), and 29 CFR 1926.1409.
When equipment will be used in the vicinity of power lines, employers may have to
contact the utility owner to use Table A and meet the requirements of several provisions
of this standard. OSHA concludes that these employers will contact the utility owner in a
phone call/fax or a series of phone calls/faxes to: confirm that the power lines are
deenergized and grounded; confirm whether or not it is infeasible to deenergize and
ground the power lines; or to confirm the voltage of the power line. Therefore, the
burdens and costs for several provisions of this standard with these requirements are all
calculated under this provision.
OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. In addition, OSHA construction staff estimates
that on 20 % of these jobs, A/D will be performed. For these 45,868 A/D jobs, OSHA
construction staff estimates that the employer, most likely the A/D director, would take a
total of 15 minutes (.25 hours) to make calls to the utility to: confirm that the power lines
are deenergize and grounded; confirm whether or not it is infeasible to deenergize and
ground the power lines; or to confirm the voltage of the power line. The Agency
estimates it will take an electric utility representative, with a wage rate equal to that of a
competent person, 30 minutes (.50 hour) to respond to these requests. The estimated
annual burden hours and cost of this paragraph are:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs close to power lines) x .20
(A/D jobs) = 45,868 jobs
A/D Director hours: 45,868 (jobs) x .25 hours (for A/D director to make calls) =
11,467 hours
Utility Representative hours: 45,868 (jobs) x .50 hours (for utility, competent person
to respond) = 22,934 hours per year
Cost:
A/D Director cost: 11,467 hours x $35.62 (wage – A/D Director) = $408,455

71

Utility Representative cost: 22,934 (hours for utility company to respond) x $72.22
(wage– equivalent to professional engineer) = $1,656,293
Total burden hours: 34,401 hours per year
Total cost: $2,064,748 per year
8) 29 CFR 1926.1407(c)
(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))
9) 29 CFR 1926.1407(d)
(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))
10) 29 CFR 1926.1407(e)
(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))
11) 29 CFR 1926.1407(f)
(See calculations of burdens/costs for 29 CFR 1926.1407(a)(1)(i))
12) 29 CFR 1926.1407(g) and 1926.1409
This provision also applies to power lines that are above 350 kV in accordance with
section 1926.1409. This paragraph requires that at least one electrocution hazard warning
must be posted in the cab and two more must be posted outside of the equipment at these
jobsites. The Agency assumes that signs would last five years (i.e., an average annual
replacement rate of 20%), and that it would take a general construction employee 10
minutes (.17 hour) to fabricate and post a sign. OSHA estimates the annual burden hours
and cost for this requirement are:
Burden hours: 112,091 (# equipment) x .20 (annual replacement rate) x .17 hour
(posting) = 3,811 hours per year
Cost: 3,811 hours per year x $18.35 per hour (wage- construction employee) =
$69,932 per year
13) 29 CFR 1926.1408(a)(2)(i), (iii)(A), (c), (d)(1), (e), 29 CFR 1926.1409, 29 CFR
1926.1410(c)(1), and (j) (For all non A/D work around Power lines (all voltages and
operations closer than Table A)
When equipment will be used in the vicinity of power lines, employers may have to
contact the utility owner to use Table A and meet the requirements of several provisions
of this standard. OSHA concludes that these employers will contact the utility owner in a
phone call/fax or a series of phone calls/faxes to: confirm that the power lines are

72

deenergized and grounded; confirm whether or not it is infeasible to deenergize and
ground the power lines; or to confirm the voltage of the power line. Therefore, the
burdens and costs for several provisions of this standard with these requirements are all
calculated under this provision.
OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. In addition, OSHA construction staff estimates
that on 20 % of these jobs, A/D will be performed. Those burdens are accounted in the
calculations for 29 CFR 1926.1407(a). For the remaining 80 % (non A/D jobs)(183,472
jobs), OSHA construction staff estimates that it will take 15 minutes (.25 hour) for the
employer, most likely the shift director, to make calls the utility to: confirm that the
power lines are deenergized and grounded; confirm whether or not it is infeasible to
deenergize and ground the power lines; or to confirm the voltage of the power lines. The
Agency estimates it will take an electric utility representative, equal to the wage rate of a
competent person, 30 minutes (.50 hour) to respond to these requests. The estimated
annual burden hours and cost of this proposed paragraph are:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs close to power lines) x .80 (%
of non A/D jobs) = 183,472 jobs
Shift Director hours: 183,472 (jobs) x .25 hours (for shift director to make calls) =
45,868 hours
Utility Representative hours: 183,472 (jobs) x .50 hours (for utility, competent person
to respond) = 91,736 hours per year
Cost:
Shift Director cost: 45,868 hours x $35.62 per hour (wage- shift director) =
$1,633,818 per year
Utility Representative cost: 91,736 hours x $72.22 (wage - equivalent to professional
engineer)) = $6,625,174 per year
Total burden hours: 137,604 hours
Total cost: $8,258,992 per year
14) 29 CFR 1926.1408(c)
(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))
15) 29 CFR 1926.1408(d)(1)
(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))
16) 29 CFR 1926.1408(e)
(See calculations of burdens/costs for 29 CFR 1926.1408(a)(2)(i))

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17) 29 CFR 1926.1409
(See calculations of burdens/costs for 1926.1407 and 1408 provisions)
18) 29 CFR 1926.1410(e)
During this meeting the participants would discuss these procedures as required in 29
CFR 1926.1410(d), which is a usual and customary practice in the industry. See, e.g.,
ASME B30.5-2004 5-3.4.5.3(a). In addition, the employer must document the
procedures and make them immediately available as required by 29 CFR 1926.1410(e).
OSHA estimates it takes the shift director 30 minutes (.5 hour) to document the plan.
The Agency further estimates that it would take an employer 2 minutes (.03 hour) to
make the plans immediately available on site. OSHA estimates the annual burden hours
and cost for this requirement are:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs in proximity to power lines) x
.15 (closer than Table A) x .53 hour (to document and make plan available) = 18,233
hours
Cost: 18,233 hours per year x $35.62 (wage- shift director) =$649,459 per year
19) 29 CFR 1926.1410(f)
OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. OSHA construction staff estimates that 15% of
those jobs will be performed closer to the power line than Table A allows. Employers,
most likely the shift director, and the utility operator on these jobs are required by this
standard to conduct a meeting that will allow the equipment operator and other
employees who will be in the area of the equipment or load to review the hoisting
procedures documented in accordance with paragraph (e) of this section. The Agency
believes that for most of the participants, this meeting is a usual and customary practice
in the industry. See, e.g., ASME B30.5-2004 5-3.4.5.3(a). However, the participation of
the utility representative may not usual and customary, so OSHA is calculating the
burden for the participation of the utility representative. The Agency believes it would
take the utility representative 15 minutes (.25 hour) to plan and participate in this
required meeting. OSHA estimates the annual burden hours and cost for this requirement
are:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs in proximity to power lines) x
.15 (closer than Table A) x .25 hour (plan/participate meeting) = 8,600 hours per year.
Cost: 8,600 hours per year x $72.22 (utility rep at wage equivalent to professional
engineer) = $ 621,092 per year
20) 29 CFR 1926.1410(j)

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OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. OSHA construction staff estimates that 15% of
those jobs will be performed closer to the power line than Table A allows. OSHA
construction staff estimates that 1% of the procedures developed for these scenarios in
accordance with paragraph (d) of this section will have deficiencies. There is no burden
for the employer’s time to develop a new plan because it is a usual and customary
practice in the industry. See, e.g., ASME B30.5-2004 5-3.4.5.3(a). OSHA construction
staff estimates that in these scenarios, the employer will need to document and make
available the revised procedures to comply with paragraph (e) of this section. It is
estimated that it would take the employer 30 minutes (.5 hour) to document the revised
plans and 2 minutes (.03 hour) make the plans available. In addition, utility
representatives will need to participate in a meeting to review the revised plans in
accordance with paragraph (f) of this section. OSHA estimates that it would take the
utility representative 15 minutes (.25 hours) to plan and participate in the meeting.
OSHA estimates the annual burden hours and cost for 29 CFR 1926.1410(j) are:
Burden hours for shift director: 1,146,703 (total hoisting jobs) x .20 (jobs in proximity
to power lines) x .15 (closer than Table A) x .01 (plans needing revisions) x .53 hours (to
document and maintain) = 182 hours per year
Burden hours for utility representative: 1,146,703 (total hoisting jobs) x .20 (jobs in
proximity to power lines) x .15 (closer than Table A) x .01 (plans needing revisions) x
.25 hours (utility rep to plan and participate) = 86 hours per year
Cost: (182 hours per year x $35.62 (shift director)) + (86 hours per year x $72.22 per
hour (utility representative at wage equivalent to professional engineer)) = $12,694
per year
21) 29 CFR 1926.1412(a)(1)(i)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 1% of this equipment will be modified. In these scenarios, a qualified
person must inspect such modifications to ensure the modifications were completed in
accordance with section 29 CFR 1926.1434, Equipment Modifications. OSHA
construction staff estimates that it would take a qualified person 20 minutes (.33 hour) to
obtain the modification approval document and confirm through inspection that the
equipment modification meets the conditions specified on the approval document. OSHA
estimates that the annual burden hours and cost of this provision are:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x .33 hour (obtain)
= 403 hours per year
Cost: 403 hours per year x $41.25 per hour (wage of qualified person) = $ 16,624 per
year
22) 29 CFR 1926.1412(b)(1)(ii)(A)

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OSHA estimates in the FEA that 1,146,703 hoisting jobs will be performed per year in
the construction industry. OSHA construction staff estimates that on 70% of these jobs,
pieces of equipment will be used on which repairs/adjustments have been made that will
affect the safe operation of the equipment. OSHA construction staff also estimates that
the manufacturer’s equipment criteria will not be available for .05% of those jobs using
repaired/adjusted pieces of equipment. Under these scenarios, a qualified person must
determine if he or she must develop criteria or if an RPE is needed to do so. Although it
is not explicitly required by this provision, the Agency assumes that 70% of the qualified
persons will opt to develop and document the criteria and 30% will opt to consult a
registered professional engineer. Although not explicitly required, OSHA estimates that
80% of those qualified persons will document the developed criteria. OSHA construction
staff estimates that it would take a qualified person, on average 1.5 hours to develop and
document, 1 minute (.02 hour) to maintain, and 5 minutes (.08 hour) to make available
the required information. The employer is required to make this documentation available
to all inspectors in accordance with 29 CFR 1926.1412(k). The yearly burden hours and
cost of this paragraph are estimated to be:
A. Development and Documentation:
Burden hours: 1,146,703 (total hoisting jobs) x .70 (repairs/adjustments made affecting
safe operation of equipment) x .005 (equipment w/o mfr criteria) x .70 (done by qualified
person) x .80 (will document) x 1.5 hour (develop and document) = 3,371 hours per year
Cost: 3,371 hours per year x $41.25 per hour (qualified person) = $139,054 per year
B. Maintaining and Making Available:
Although some of the documentation required by this section would be produced by
the employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:
Burden hours: 1,146,703 (total hoisting jobs) x .70 (repairs/adjustments made affecting
safe operation of equipment) x .005 (equipment w/o mfr criteria) x .80 (will document) x
.10 hour (maintain and make available) = 321 hours per year
Cost: 321 hours x $16.16 per hour (wage – clerical) = $5,187
Total burden hours: 3,692
Total cost: $144,241
23) 29 CFR 1926.1412(c)(2)(i)

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OSHA construction staff estimates that 20% of the 1,146,703 hoisting jobs performed in
construction will require A/D. OSHA construction staff estimates that on .5% of these A/D
jobs, equipment will be used for which the manufacturer’s recommended configurations will not be
available. Under these scenarios, a qualified person must determine if he or she must
develop criteria that establishes safe configurations of the equipment or if there is a need
for an RPE to make such determinations. Although it is not explicitly required by this
provision, OSHA estimates that 70% of the qualified persons will opt to develop the
criteria and the other 30% would utilize an RPE. Of the 70% of qualified persons that
will develop their own criteria, OSHA estimates that 80% of those qualified persons will
document the information. OSHA construction staff estimates that it would take a qualified
person 1.5 hours to develop and document, 1 minute (.02 hour) to maintain, and 5,
minutes (.08 hour) to make available the required information. The yearly burden hours
and cost of this paragraph are estimated to be:
A. Development and Documentation:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (A/D jobs) x .005 (equip. w/o mfr.
criteria) x .70 (done by qualified person) x .80 (will document) x 1.5 hours to develop
and document) = 963 hours per year
Cost: 963 hours per year x $41.25 per hour (qualified person) = $39,724per year
B. Maintaining and Making Available:
Although some of the documentation required by this section would be produced by
the employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (A/D jobs) x .005 (equip. w/o mfr.
criteria) x .80 (will document) x .10 hours to maintain and make available = 92 hours per
year
Cost: 92 hours x $16.16 per hour (wage – clerical) = $1,487
Total burden hours: 1,055
Total cost: $39,816
24) 29 CFR 1926.1412(e)(3)(i), (e)(3)(ii), (f)(6), (g)(3), (h), 1926.1413(b)(4) and
(c)(3)(ii), and 1926.1437(h)
Paragraph (e)(3)(i) of this section requires documentation of monthly inspections (12 per
year) for the 122,091 pieces of hoisting equipment used in the construction per year as
OSHA estimates in the FEA. The employer must then maintain these monthly inspections
for 3 months in accordance with paragraph (e)(3)(ii) of this section. The employer must

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also meet the requirements of this provision in accordance with paragraph (h) of this
section when the equipment has been idle for three months or more. Similarly, a
documentation of monthly inspections of wire rope (1926.1413(b)(4)) used with the
equipment is required. Subsequently, any deficiencies found during specified inspections
must be tracked on the monthly inspection records in accordance with 29 CFR
1926.1412(f)(6), (g)(3) and 1926.1413(c)(3)(ii). Therefore all of these identified
documentation and maintenance burdens will be taken under this provision since it is
assumed one document will be used for these purposes.
OSHA estimates that a large percentage of these jobs will be performed using rented
equipment for which the documentation and maintenance of monthly inspection records
is done as a usual and customary business practice. Therefore, OSHA construction staff
estimates that for 4,500 cranes, mostly non rental equipment, employers would
document, sign, maintain, and make available this collection of information for three or
four months as a new work practice. In most cases, the documentation of this inspection
will be a checklist form on which the inspector will write comments about his or her
observations and sign. OSHA construction staff estimates that it would take a competent
person an average of 15 minutes (.25 hour) to document/sign/maintain and 5 minutes (.08
hour) to make available this form. The yearly burden hours and cost of this paragraph are
estimated to be:
Burden hours: 4,500 (cranes- documentation of inspections as a new work practice) x
12 (monthly inspections per year) x [.25 hour (documentation/maintenance) + .08 hour
(make available)] = 17,820 hours per year
Cost: 17,820 hours per year x $22.88 per hour (wage- competent person) =
$404,721 per year
25) 29 CFR 1926.1412(f)(6)
Burden hours/costs for 29 CFR 1926.1412(f)(6) are accounted in calculations for 29 CFR
1926.1412(e)(3). (See calculations of burdens/costs for 29 CFR 1926.1412(e)(3)).
26) 29 CFR 1926.1412(f)(7), 1926.1413(c)(4), and 1926.1437(h)
Paragraph (f)(7) of this section requires documentation of annual inspections for the
pieces of hoisting equipment used in the construction. Additional information taken in
this provision includes documentation for the annual inspections of wire rope
(1926.1413(c)(4)), and annual (1926.1437(h)(4)) and quadrennial (1926.1437(h)(5))
inspections of external vessel/flotation devices used with the equipment. All of these
burdens will also be taken under this provision.
Paragraph 1926.550(a)(6) required the employer to maintain records of annual
inspections. In addition, sections 5-2.1.5 of ASME B30.5-2000 and 3-2.1.4 of ANSI
B30.3-2004 require the employer to sign documentation of the periodic (monthly to
annually) inspection of critical parts of the equipment. OSHA concludes that these

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consensus standard requirements are an indication that the documentation of inspections
for hoisting equipment is a standard industry practice. OSHA also estimates that a large
percentage of the 122,091 cranes and derricks used in the construction industry are rented
and the documentation and maintenance of the annual/comprehensive inspection records
is done as a usual and customary business practice. Therefore, OSHA construction staff
estimates that for 7,500 cranes, mostly non rental equipment, employers will document
and maintain this required inspection as a new work practice. Subsequently, the FEA
estimates that it would take a qualified person an average of 15 minutes (.25 hour) to
prepare/sign/maintain documentation of the completion of the annual/comprehensive
inspection as required by § 1926.1412(f) and §1926.1437(h). It is estimated that it would
take this employee 5 minutes (.08 hour) to make this document available during the
performance of other inspections required by this section. The yearly burden hours and
cost of this paragraph are estimated to be:
Burden hours: 7,500 (equip- doc/main as a new practice) x [.25 hour (doc/main) +.08
hour (make available)] = 2,475 hours per year
Cost: 2,475 hours x $ 41.25 per hour (wage- qualified person) = $102,094 per
year
27) 29 CFR 1926.1412(g)(3)
Burdens/costs for this provision taken in calculations for 29 CFR 1926.1412(e)(3). (See
section 1926.1412(e)(3) for accounting of burden hours)
28) 29 CFR 1926.1412(h)
Burden taken in calculations for 29 CFR 1926.1412(e)(3). (See section 1926.1412(e)(3)
for accounting of burden hours)
29) 29 CFR 1926.1412(k)
Burdens taken in requirements of 29 CFR 1926.1412 for which documentation burdens
are calculated when documents must be made available. (See calculations in section
1926.1412 for accounting of burden hours)
30) 29 CFR 1926.1413(a)(4)(ii)(A)
OSHA believes that number of shifts per hoisting job in construction is too variable to try
to estimate how many occur in the industry per year. However, OSHA estimates in the
FEA that 1,146,703 hoisting jobs will be performed in the construction industry per year.
OSHA construction staff estimates that during shift inspections on 1% of these jobs,
Category II wire rope deficiencies will be discovered that will require the employer to
make an assessment of continued safe operations of equipment if the damaged wire rope
continues to be used. Furthermore, OSHA construction staff estimates that during the
inspection of 75% of these hoisting jobs, the employer will opt to simply remove the

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damaged rope from service. The remaining 25% of the employers will opt to obtain
written approval from the manufacturer for different criteria which would allow the rope
to remain in service. The burden for reviewing and documenting a response from the
manufacturer is addressed in Item 13. The burden taken here is for the employer’s
clerical staff to maintain (.02 hours) and make available (.08 hours) the documentation
produced by the manufacturer’s qualified person. The yearly burden hours and cost of
maintaining the documentation required by this paragraph are estimated to be:
Burden hours: 1,146,703 (jobs per year) x .01 (insp. w/ Cat II damaged wire rope) x .25
(employers. who opt to get approval) x .10 hours (maintain and make available) = 287
hours per year
Cost: 287 hours per year x $16.16 per hour (wage- clerical) = $ 4,638 per year
31) 29 CFR 1926.1413(b)(4)
Burden hours/costs are accounted as part of monthly inspection documentation required
by section 1926.1412(e)(3). (See section 1926.1412(e)(3) for accounting of burden hours)
32) 29 CFR 1926.1413(c)(3)(ii)
Burdens/costs for this provision taken in calculations for 29 CFR 1926.1412(e)(3). (See
section 1926.1412(e)(3) for accounting of burden hours)
33) 29 CFR 1926.1413(c)(4)
Burden hours/costs are accounted as part of monthly inspection documentation required
by section 1926.1412(f)(7). (See section 1926.1412(f)(7) for accounting of burden hours)
34) 29 CFR 1926.1413(e)
Burdens taken in requirements of 29 CFR 1926.1412 for which documentation burdens
are calculated. (See calculations in section 1926.1412 for accounting of burden hours)
35) 29 CFR 1926.1414(e)(2)(iii)
OSHA construction staff estimates that on 500 hoisting jobs performed in construction,
Type I rotation-resistant wire rope that has a design factor of less than 5 will be used. Of
those hoisting jobs, OSHA construction staff estimates that employers on only 10 % of
those jobs would request manufacturer’s approval to perform duty cycle or repetitive
loads. This estimate was made because it is assumed that 90% of the employers would
merely opt to get a more appropriate grade of wire rope for the job. Subsequently, OSHA
construction staff believes it would take employers, most likely a competent person, 30
minutes (.5 hour) to generate a request that obtains written approval (from both the
equipment and wire rope manufacturers) to use the Type I rotation-resistant wire rope

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under prescribed worksite conditions; and 1 minute (.02) to maintain the written
approval. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 500 (job/Type I rope used) x .10 (jobs w/approval requests) x .52 hour
document/maintain) = 26 hours per year
Cost: 26 hours per year x $22.88 (wage- competent person) = $595 per year
36) 29 CFR 1926.1414(e)(3)(iii)
Under specified conditions, Type II and III rotation-resistant wire rope, with a design
factor of less than 5, will be used to perform hoisting jobs in construction in accordance
with 29 CFR 1926.1414(e)(3)(iii). OSHA construction staff concludes that most
employers will use a non rotation resistant rope or a rotation resistant rope with a safety
factor of 5 under most circumstances. However, OSHA construction staff estimates that
150 hoisting jobs will be performed annually using Type II and III rotation-resistant wire
rope with a design factor of less than 5. Subsequently, it would take, most likely a
competent person, 10 minutes (.17 hours) to document, on the documentation required
for the monthly and annual inspections, the hoisting jobs performed with this rope. The
yearly burden hours and cost of this proposed paragraph are estimated to be:
Burden hours: 150 (job/Type II and III rope used) x .17 hour (documentation) = 26
hours per year
Cost: 26 hours per year x $22.88 (wage- competent person) = $595 per year
37) 29 CFR 1926.1417(b)(1) and 1417(b)(2)
OSHA construction staff estimates that the manufacturer’s operating procedures will not
be available for 350 pieces of equipment used to perform construction activities,
primarily older models. It is estimated that 30% of this equipment is owned by
employers with the required qualified person on staff. Subsequently, OSHA construction
staff estimates that, under this scenario, it will take a qualified person 1 hour to
develop/document, 1 minute (.02 hour) to maintain, and 5 minutes (.08 hour) to make
available procedures that are necessary for the safe operation of the equipment and
attachments.
Burden hours: 350 (equip. w/o mfrs. Procedures) x .30 (QP employed on staff) x 1.10
hours (develop/document/maintain/make available) = 116 hours per year
Cost: 105 hours per year x $41.25 per hour (wage - employer/qualified person) = $4,785
per year
38) 29 CFR 1926.1417(b)(3)

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OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, the manufacturer’s procedures related to
the capacity of the equipment will not be available. In addition, it is estimated that 5% of
this equipment will be owned by employers who employ a registered professional
engineer on staff. OSHA construction staff assumes a registered professional engineer
will take 5 minutes (.08 hour) to develop these procedures, and clerical staff .02 hours to
maintain the documentation of those procedures. The yearly burden hours and cost of this
paragraph are estimated to be:
A. Burden for development and documentation
Burden hours: 350 (equip. w/o mfrs. procedures) x .05 (% with RPE on staff) x .08 hour
(develop/document procedures) = 1 hour per year
Cost: 1 hour per year x $72.22 (wage – RPE) = $72 per year
B. Burden for maintenance
Although some of the documentation required by this section would be produced by the
employer, and some by an RPE contracted by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain these records. The
yearly burden hours and cost of this clerical activity are estimated to be:
Burden hours: 350 (equip. w/o mfrs. procedures) x .02 hour (maintain documentation) =
7 hours per year
Cost: 7 hours per year x $16.16 (wage – clerical) = $113 per year
Total burden hours: 8
Total cost: $185
39) 29 CFR 1926.1417(j)(1)
OSHA estimates in the FEA that 1,146,703 hoisting jobs will be performed per year in
the construction industry. OSHA also estimates that it is a usual and customary practice
for operators on 90% of these jobs to inform a person designated to receive such
information when the equipment needs adjustments or repairs (a large percentage will be
required to do this pursuant to rental contract). Therefore, OSHA estimates that operators
on only 10% of the jobs performed annually will provide this information in writing to
the next operator or designated person as new work practice. Subsequently, OSHA
estimates that it would take an operator 10 minutes (.17 hour) to document that a repair or
adjustment of the equipment is needed. The yearly burden hours and cost of this
proposed paragraph are estimated to be:
Burden hours: 1,146,703 (total jobs) x .10 (new work practice) x .17 hour (document) =
19,494 hours per year

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Cost: 19,494 hours per year x $ 35.62 per hour (wage - operator) = $ 694,376 per
year
40) 29 CFR 1926.1417(j)(2)
OSHA estimates in the FEA that 1,146,703 hoisting jobs will be performed per year in
the construction industry. OSHA also estimates that a large percentage of this equipment
will be rented by employers who most will provide this information to the rental
companies by contract. OSHA construction staff does not anticipate that most owners,
especially renters of equipment, would allow equipment to continue to operate when
repairs or adjustments are needed and will use alternative procedures. OSHA is
convinced that most equipment will be taken out of service, repaired, or adjusted.
However, OSHA acknowledges that owners of primarily older models of equipment are
most likely to implement alternative procedures and continue to operate the equipment
because replacement parts may be unavailable during the performance of a job.
Therefore, OSHA construction staff estimates that employers on 1,500 jobs annually will
need to notify employees affected by the use of alternative procedures and repairs or
adjustments. Subsequently, OSHA construction staff estimates that it would take the
employer, most likely a shift director, 5 minutes (.08 hour) to relay information about the
status of the equipment to at least the next operator (already taken in calculation for 29
CFR 1926.1417(j)(1)), and mostly likely a signal person and an average crew of 5
construction employees. The yearly burden hours and cost of this proposed paragraph are
estimated to be:
Burden hours: 1,500 (alternative procedures) x .08 hour (information exchange) = 120
hours per year
Cost: 120 hours per year x $35.62 per hour (wage - shift director) = $4,274 per year
41) 29 CFR 1926.1423(j)(2)
OSHA estimated in the FEA that 1,146,703 hoisting jobs will be performed in the
construction industry per year. OSHA construction staff estimates that the hoist lines of
equipment on 1500 of these jobs will be used to anchor fall protection systems.
Subsequently, OSHA estimates that it would take the employer, most likely the shift
director, 1 minute (.02 hour) to inform the operator that a fall protection system has been
anchored to the load line of the equipment. The yearly burden hours and cost of this
paragraph are estimated to be:
Burden hours: 1,500 (fall protection jobs) x .02 hour (information exchange) = 30 hours
per year
Cost: 30 hours per year x $35.62 per hour (wage - shift director) = $1,069 per year
42) 29 CFR 1926.1424(a)(2)(ii)

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OSHA estimated in the FEA that 1,146,703 hoisting jobs will be performed in the
construction industry per year. OSHA construction staff estimates that hoisting
equipment used on 60% of these jobs will have rotating superstructures that must be
barricaded in accordance with this provision. OSHA is convinced that demarcation of
hazardous areas within the swing radius of the equipment’s superstructure is a usual and
customary work practice of the industry. However, in addition to the requirement to
barricade this hazardous area, paragraph 1926.1424(a)(2)(ii) specifies that a sign must
also be posted. OSHA construction staff estimates that employers on 40% of these
hoisting jobs, as a new work practice, will post a sign to identify these hazardous areas
around the equipment as required. In light of this assertion, it is further estimated that it
would take a general construction employee 10 minutes (.17 hour) to fabricate and post
the required sign for the barricaded area. The yearly burden hours and cost of this
paragraph are estimated to be:
Burden hours: 1,146,703 (hoisting jobs) x .60 (w/rotating superstructures) x .40 (new
employer practice) x .17 hours (sign fabrication/posting) = 46,785 hours per year
Cost: 46,785 hours per year x $18.35 per hour (wage- construction employee) =
$858,505 per year
43) 29 CFR 1926.1424(a)(3)(i) and (ii)
OSHA estimates in the FEA that 1,146,703 hoisting jobs are performed in construction.
OSHA estimates that 40% of this equipment is big enough or so configured such that
there are blind spots where an employee could be positioned out of the sight of the
operator and injured when equipment is moved during these hoisting operations. On these
jobs, OSHA construction staff also estimates that at least one crew member would have
to inform the operator that he or she is going to be moving to a one of the hazardous
locations. In addition, OSHA construction staff estimates that the operator might have to
be informed twice on average by a construction employee during the duration of the
hoisting job. Subsequently, it is estimated that it would take those construction
employees 30 seconds (.008 hour) to inform the operator of his or her movement to a
hazardous location outside of the view of the operator. The Agency determines that the
yearly burden hours and cost of these proposed provisions to be:
Burden hours: 1,146,703 (hoisting jobs per year) x .40 (equip. w/ blind spots) x 2
(information exchanges per job) x .008 hours (time per info confirmation) = 7,339 hours
per year
Cost: 7,339 hours per year x $18.35 (wage - general construction employee) =
$134,671 per year
44) 29 CFR 1926.1427(a) and (e)(1)

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The FEA estimates that a minimum of 142,630 operators per year will use equipment
covered by this standard to perform construction work per year. For the purposes of this
burden calculation, OSHA assumes that all of the 142,630 operators will be certified
within the 4 year period before the effective date of this requirement. OSHA estimates in
the FEA that 60% of these operators (85,578) are already certified. For the purposes of
this calculation, OSHA further estimates that the remaining 40% of operators currently
lacking certification (57,052) will be certified at a rate of 25% in each year of the four
year period before the effective date of § 1926.1427, for a total of 14,263 certified per
year. 4 OSHA construction staff expects that many employers currently maintain
documentation of employee certification, but OSHA is nevertheless taking the burden for
reviewing information on the certificate (including information required by
§1926.1427(b)(2) and (h)(2)), filing, and maintaining documents of all certificates or
other proof of qualification. It is estimated that it would take a construction clerical
employee 3 minutes (.05 hour) to review, file and maintain a copy of each operator’s
certification document of one of the four methods available. The yearly burden hours and
cost of this paragraph are estimated to be:
Burden hours: [85,578 (operators already certified) + 14,263 (operators certified per
year)] x .05 hour (wage - clerical) = 4,992 hours per year
Cost: 4,992 hours per year x $16.16 per hour (wage of clerical employee) =
$80,671 per year
45) 29 CFR 1926.1427(b)(2)
Burden taken in calculations for 29 CFR 1926.1427(a).
46) 29 CFR 1926.1427(e)(1)
Similar to paragraphs (b) and (d) of this section OSHA believes that, as a practical
matter, most employers will choose to file copies of each operator’s license as a matter of
administrative expediency. Therefore, OSHA assumes that a copy of this license would
be maintained by the employer and burden is accounted for under 29 CFR 1926.1427(a).
47) 29 CFR 1926.1427(h)(1)(i), (ii)
If testing candidates opt to have the tests required under this section administered to them
verbally, this provision requires the candidate to pass a written demonstration of literacy.
It is estimated in the FEA that a minimum of 142,630 operators per year will use
equipment covered by this standard to perform construction work per year. OSHA
estimates in the FEA that 60% of these operators (85,578) are already certified. For the
4 OSHA recognizes that not all of the 40% of the operators who are not
currently certified will need to be certified because some will only
operate types of equipment that are exempted from the requirements of
§ 1926.1427. However, rather than developing an estimate of the number of
operators who will not be certified, OSHA is taking the conservative
approach of assuming that all operators will eventually be certified or
qualified in accordance with the requirements of this section.

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purposes of this calculation, OSHA further estimates that the remaining 40% of operators
currently lacking certification (57,052) will be certified at a rate of 25% in each year of
the four year period before the effective date of § 1926.1427, for a total of 14,263
certified per year. 5 Of the 14,263 operators tested each year, 10% will opt to take the test
verbally. Therefore, OSHA construction staff assumes that it would take the testing
entity, most likely a qualified person, 10 minutes (.17 hour) to generate and one minute
(.02 hour) to maintain documentation of a demonstration of literacy. The yearly burden
hours and cost of this paragraph are estimated to be:
Burden hours: 14,263 (operators tested each year) x .10 (% of operators who opt for
verbal test) x .19 hour (.17 hour to generate and .02 hour to maintain certificate) = 271
hours per year
Cost: 271 hours per year x $41.25 per hour (wage- qualified person) = $11,179 per
year
48) 29 CFR 1926.1427(h)(2)
Burden taken in calculations for 29 CFR 1926.1427(a).
49) 29 CFR 1926.1428(a)(1), (a)(2), and (a)(3)
OSHA construction staff estimates that, due to the size and types of loads, size and types
of hoisting equipment used, and configurations of job sites, 30% of the jobs performed
would not need a signal person when hoisting jobs are performed. Therefore, it is
estimated that at least one signal person would be needed for only the remaining 70% of
the hoisting jobs performed. It is estimated that it would take a construction clerical
employee 5 minutes (.08 hour) to file/maintain, and 2 minutes (.03 hour) to make
available, in accordance with 1926.1428(a)(3), a copy of each signal person’s
documentation of one of the two certification options allowed by this section. OSHA
assumes that either the person will require the signal person to carry a copy of their
certification or the employer will keep it on site. The yearly burden hours and cost of this
paragraph are estimated to be:
Burden hours: 1,146,703 (total jobs) x .7 (jobs w/ signal person) x [.08 hour
(file/maintain) + .03 hour (make available)] = 88,296 hours per year
Cost: 88,296 hours per year x $16.16 per hour (wage - clerical employee) = $
1,426,863 per year

5 OSHA recognizes that not all of the 40% of the operators who are not
currently certified will need to be certified because some will only
operate types of equipment that are exempted from the requirements of
§ 1926.1427. However, rather than developing an estimate of the number of
operators who will not be certified, OSHA is taking the conservative
approach of assuming that all operators will eventually be certified or
qualified in accordance with the requirements of this section.

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50) 29 CFR 1926.1428(a)(3)
Burdens taken 29 CFR 1926.1428(a)(1) and (2).
51) 29 CFR 1926.1428(b)
With regard to the qualification of signal people, OSHA construction staff estimates that
2 % of the signal persons would need to be re-qualified each year. It is estimated that it
would take a construction clerical employee 5 minutes (.08 hour) to file/maintain, and 2
minutes (.03 hour) to make available, in accordance with 1926.1428(a)(3), a copy of each
signal person’s documentation of one of the two certification options allowed by this
section. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 1,146,703 (total jobs) x .7 (jobs w/ signal person) x .02 (% of requalification) x .11 (.08 hour (file/maintain) + .03 hour (make available)) = 1,766 hours
per year
Cost: 1,766 hours per year x $16.16 per hour (wage - clerical employee) = $28,539
per year
52) 29 CFR 1926.1431(o)(3)(i)
Because a pre-lift meeting when personnel is hoisted using a platform is addressed in
consensus standards referenced by this rule, OSHA believes the meeting is a usual and
customary work practice of the industry. Likewise, the pre-lift meeting that is required
by paragraph 29 CFR 1926.1431(m)(1) is also considered by OSHA as a usual and
customary work practice of the industry whenever personnel are hoisted. The only
difference with this requirement is that the personnel will be hoisted on a boatswain’s
chair instead of on a personnel platform. However, the hoisting of personnel with a
boatswain’s chair itself, as addressed by paragraph (o)(3) of this section, is not addressed
in any consensus standards referenced by OSHA for the application of this standard.
Therefore the pre-lift meeting referenced by this provision and required by provision 29
CFR 1926.1431(m)(1) still may be new to a small percentage of employers who would
choose this option for hoisting personnel in drill shafts. In light of these assumptions,
OSHA estimates of the 1,146,703 hoisting jobs that will be performed in the construction
industry per year, on 100 of these jobs, the equipment will be used to hoist personnel in a
drilling shaft with a boatswain’s chair. Subsequently, OSHA construction staff estimates
that it will take an employer, most likely the lift director (at wage rate of shift director),
30 minutes (.5 hour) to plan and conduct this meeting prior to each trial lift and any time
employees are newly assigned to the hoisting operation. The estimated annual burden
hours and cost of this paragraph are:
Burden hours: 100 (hoisting/drilling jobs) x .5 hour (plan and conduct meeting) = 50
hours per year

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Cost: 50 hours per year x $35.62 per hour (wage rate of shift director) = $1,781 per
year
53) 29 CFR 1926.1431(p)(4)(i)
Similar to the rationale described for paragraph (o)(3) of this section, the hoisting of
personnel with a boatswain’s chair as addressed by paragraph (p)(4) of this section is not
addressed in any consensus standards referenced by this standard. Therefore, even
though OSHA concludes that pre-lift meetings are usual and customary practice
whenever personnel are lifted, the pre-lift meeting referenced by this provision and
required by provision 29 CFR 1926.1431(m)(1) still may be new to a small percentage of
employers who would choose this option for hoisting personnel during the performance
of pile driving operations. In light of these assumptions, OSHA estimates of the
1,146,703 hoisting jobs that will be performed in the construction industry per year, on
500 of these jobs, the equipment would be used to hoist personnel with a boatswain’s
chair for pile driving operations. Subsequently, OSHA construction staff estimates that it
will take an employer, most likely the lift director (at wage rate of shift director -$35.62), 30 minutes (.5 hour) to plan and conduct this meeting prior to each trial lift and
any time employees are newly assigned to the hoisting operation. The estimated annual
burden hours and cost of this paragraph are:
Burden hours: 500 (hoisting/pile driving jobs) x .5 hour (plan/conduct meeting) = 250
hours per year
Cost: 250 hours per year x $35.62 per hour (wage - shift director) = $8,905 per year
54) 29 CFR 1926.1431(r)(3)(i)
Similar to the rationale described for paragraph (o)(3) of this section, the hoisting of
personnel with a boatswain’s chair as addressed by paragraph (r)(3) of this section is not
addressed in any consensus standards referenced by this standard. Therefore, even
though OSHA concludes that pre-lift meetings are usual and customary practice
whenever personnel are lifted, the pre-lift meeting referenced by this provision and
required by provision 29 CFR 1926.1431(m)(1) still may be new to a small percentage of
employers who would choose this option for hoisting personnel for the purpose of marine
transfer. OSHA estimates that 500 of the 1,146,703 hoisting jobs would be personnel
hoisting jobs that involve hoisting personnel with a marine-hoisted transfer device.
Subsequently, OSHA construction staff estimates that it will take an employer, most
likely the shift director, 30 minutes (.5 hour) to plan and conduct this meeting prior to
each trial lift and any time employees are newly assigned to the hoisting operation. The
estimated annual burden hours and cost of this paragraph are:
Burden hours: 500 (marine-hoisted transfer device jobs) x .5 hour (plan/conduct
meeting) = 250 hours per year
Cost: 250 hours per year x $35.62 per hour (wage - A/D director) = $8,905 per year

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55) 29 CFR 1926.1431(s)(3)(i)
Similar to the rationale described for other paragraphs of this section, the hoisting of
personnel with a boatswain’s chair as addressed by 29 CFR 1926.1431(s)(3)(i) is not
addressed in any consensus standards referenced by this standard. OSHA still concludes
that pre-lift meetings are usual and customary practice whenever personnel are lifted.
However, the pre-lift meeting referenced by this provision and required by provision 29
CFR 1926.1431(m)(1) still may be new to a small percentage of employers who would
choose this option for hoisting personnel for the purpose of shaft, chimney, and steel or
concrete tank work. OSHA estimates that on 1,000 of the 1,146,703 hoisting jobs that
will be performed in the construction industry per year, the equipment will be used to
hoist personnel into tanks, shafts, and chimneys using a boatswain’s chair. Subsequently,
OSHA construction staff estimates that it will take an employer, most likely the shift
director, 30 minutes (.5 hour) to plan and conduct this meeting prior to each trial lift and
any time employees are newly assigned to the hoisting operation. The estimated annual
burden hours and cost of this paragraph are:
Burden hours: 1,000 (tank, shaft, & chimney jobs) x .5 hour (plan and conduct meeting)
= 500 hours per year
Cost: 500 hours per year x $35.62 per hour (wage -shift director) = $17,810 per year
56) 29 CFR 1926.1433(e)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA
construction staff estimates that employers of 50 pieces of this equipment will
need to retrieve this required documentation as proof that the equipment meets the
construction and design requirements of this subpart. In these scenarios, OSHA
construction staff estimates that it would take a competent person 5 minutes (.08
hour) to make this information available. OSHA estimates that the annual burden
hours and cost of this proposed provision are:
Burden hours: 50 (equip. w/o design/construct docs) x .08 hour (make available doc) =
4 hours per year
Cost: 4 hours per year x $22.88 (wage - competent person) = $92
57) 29 CFR 1926.1434(a)(1)(i), (a)(1)(ii) and 1926.1441(b)(2)(i)(B)
This provision also applies to modifications made in accordance with section
1926.1441(b)(2)(i)(B). Of the 122,091 cranes in use per year as estimated in the FEA,
OSHA construction staff estimates that 1% of this equipment will be modified. In these
scenarios, the manufacturer, most likely a qualified person, must approve such
modifications submitted by the employer to ensure that the modifications will not
compromise the safe operation of the equipment. OSHA construction staff estimates that

89

it would take a qualified person 1.5 hours to document and submit the required request.
It is also assumed that the employer would also submit proposed modifications of the
load charts, procedures and other necessary information that are required in accordance
with paragraph (a)(1)(ii) of this section. OSHA estimates that the annual burden hours
and cost of this provision are:
A. Submission of Modification Request for Manufacturer Approval:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x 1.5 hours (time to
document and submit modifications of equipment/tags/charts/procedures) = 1,831 hours
per year
Cost: 1,831 hours per year x $41.25 per hour (wage of qualified person- employer) =
$75,529 per year
B. Maintaining and Making Available Record of Manufacturer’s Approval:
OSHA estimates that approximately 25% of the submissions will be approved in
writing by the manufacturer. The employer must maintain the record of this approval and
make it available pursuant to § 1926.1412(k). OSHA estimates that clerical staff would
take 1 minute to maintain (.02 hours), and 5 minutes (.08 hours) to make available, the
record of the manufacturer’s approval. OSHA estimates that the annual burden hours and
cost of maintaining and making this approval record available are:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x .25 (% approved
by manufacturer) x .10 hours (maintain and make available) = 31 hours per year
Cost: 31 hours per year x $16.16 per hour (wage - clerical) = $501 per year
Total burden hours: 1,862
Total cost: $76,030
58) 29 CFR 1926.1434(a)(1)(ii)
Burdens taken with requirement in 29 CFR 1926.1434(a)(1)(i). (See calculations for
section 1926.1434(a)(1)(i) for accounting of burden hours)
59) 29 CFR 1926.1434(a)(2)(i), (a)(3), (a)(4), (a)(5), (b) and 1926.1441(b)(2)(i)(B)
This provision also applies to modifications made in accordance with section
1926.1441(b)(2)(i)(B). Of the 122,091 cranes in use per year as estimated in the FEA,
OSHA construction staff estimates that 1% of this equipment will be modified in a
manner that will affect the safe operation of the equipment, thus requiring the employer
to send a modification proposal to the manufacturer. Of this 1%, OSHA construction
staff estimates that 45 % of the proposals will be approved by the manufacturer or
rejected with explanation, and the other 55 % of proposals will be ignored by the
manufacturer or rejected without explanation. For this latter 55 %, which requires an
RPE to review and approve the modification, OSHA construction staff estimates that 15

90

% percent of employers who own this equipment would have a registered professional
engineer (RPE) on staff that is qualified to perform the review. In addition, it is estimated
that it would take an RPE 1 hour to review the modification request, 30 minutes (.5 hour)
to modify load charts, procedures, instruction manuals, and instruction plates/tags/decals
and 30 minutes (.5 hour) to document the modification approval. OSHA estimates that
the annual burden hours and cost of this provision are:
A. Development and Documentation:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x .55 (%
manufacturer refuses to review or rejects without explanation) x .15 (RPE on staff) x 2
(1 hour (review) + .5 hour (doc) + .5 hour (time to modify tags/charts/procedures)) = 201
hours per year
Cost: 201 hours per year x $72.22 per hour (wage - RPE) = $14,516 per year
B. Maintaining and Making Available:
Although some of the documentation required by this section would be produced by
the employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records in accordance with § 1926.1412(k). The yearly burden hours and cost of
this clerical activity are estimated to be:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x .55 (%
manufacturer refuses to review or rejects without explanation) x .10 (maintain and make
available) = 67 hours per year
Cost: 67 hours per year x $16.16 per hour (wage - clerical) = $1,083 per year
Total burden hours: 268
Total cost: $15,599
60) 29 CFR 1926.1434(a)(3), (a)(4), and (a)(5)
Burdens taken with documentation requirement in 29 CFR 1926.1434(a)(1)(i) and
(a)(2)(i). (See calculations for section 1926.1434(a)(1)(i) and (a)(2)(i) for accounting of
burden hours)
61) 29 CFR 1926.1435(b)(3)
OSHA construction staff estimates that 2 percent of the 122,091 cranes the FEA
estimates are used in construction annually are tower cranes. The burden for developing
and documenting the required information is addressed in Item 13. The burden taken here
is for the employer’s clerical staff to maintain the documentation produced by the RPE.

91

The yearly burden hours and cost of maintaining the documentation required by this
paragraph are estimated to be:
Burden hours: 122,091 (equip. per year) x .02 (tower cranes) x .02 hours (maintain
documentation) = 49 hours per year
Cost: 49 hours per year x $16.16 per hour (wage- clerical) = $792 per year
62) 29 CFR 1926.1435(b)(7)(ii)
OSHA construction staff estimates that 2% of the 122,091 cranes the FEA estimates are
used in construction annually are tower cranes. The burden for developing and
documenting the required information is addressed in Item 13. The burden taken here is
for the employer’s clerical staff to maintain the documentation produced by the RPE.
The yearly burden hours and cost of maintaining the documentation required by this
paragraph are estimated to be:.
Burden hours: 122,091 (equip. per year) x .02 (tower cranes) x .02 hours (maintain
documentation) = 49 hours per year
Cost: 49 hours per year x $16.16 per hour (wage- clerical) = $792 per year
63) 29 CFR 1926.1435(f)(3)(ii)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 2% of this equipment will be tower cranes. Furthermore it is estimated that
1% of the equipment, generally older models, will not have the manufacturer’s
recommendations and specifications available. The burden for developing and
documenting the required information is addressed in Item 13. The burden taken here is
for the employer’s clerical staff to maintain (.02 hours) and make available (.08 hours)
the documentation produced by the RPE in accordance with § 1926.1412(k). The yearly
burden hours and cost of maintaining and making the documentation available are
estimated to be:
Burden hours: 122,091 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) x .10
hours (maintain and make available) = 2 hours per year
Cost: 2 hours per year x $16.16 per hour (wage- clerical) = $32
64) 29 CFR 1926.1436(g)(4)
OSHA estimates in the FEA that 122,091 pieces of hoisting equipment will be used in the
construction industry per year and that .5% of this equipment will be derricks which are
not permanently installed. OSHA construction staff estimates that about 80% of these
derricks per year will either be newly installed or need to be repositioned which both
require testing as specified by paragraph (g) of this section. Subsequently, OSHA

92

construction staff estimates that it will take a competent person 10 minutes (.17 hour) to
document the results of this testing and 1 minute (.02 hour) to maintain this record.
OSHA estimates the annual burden hours and cost for this requirement are:
Burden hours: 122,091 (equip per year) x .005 (not permanently installed) x .80 (new or
relocated derricks) x .19 hour (document and maintain testing results) = 93 hours per year
Cost: 93 hours per year x $22.88 (wage - competent person) = $2,128 per year
65) 29 CFR 1926.1437(c)(2)(ii)
OSHA estimates in the FEA that 1,146,703 hoisting jobs will be performed in the
construction industry per year. OSHA construction staff estimates that 2500 jobs will be
performed using floating cranes and land cranes/derricks on barges. OSHA construction
staff estimates that hoisting equipment used on 80% of these jobs will have rotating
superstructures that must be barricaded in accordance with this provision. OSHA is
convinced that demarcation of hazardous areas within the swing radius of the
equipment’s superstructure is a usual and customary work practice of the industry.
However, in addition to the requirement to barricade this hazardous area, 29 CFR
1926.1437(c)(2)(ii) specifies that a sign must also be posted. OSHA construction staff
estimates that employers on 40% of these hoisting jobs, as a new work practice, will post
a sign to identify these hazardous areas around the equipment as required. In light of this
assertion, it is further estimated that it would take a general construction employee 10
minutes (.17 hours) to fabricate and post the required sign for the barricaded area. The
yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 2,500 (floating equip. jobs) x .80 (w/rotating superstructures) x .40 (new
practice) x .17 hours (sign fabrication/posting) = 136 hours per year
Cost: 136 hours per year x $18.35 per hour (wage- construction employee) = $2,496
per year
66) 29 CFR 1926.1437(h)(6)
Burden hours/costs for documentation of crane inspections required by paragraphs (h)(2),
(h)(4) of this section are accounted under 29 CFR 1926.1412(e)(3) and (f)(7).
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 200 are floating cranes. The inspections required by § 1926.1437 are usual
and customary in the industry. See, e.g., ASME B30.8-1999, sections 8-2.1.1 (describing
“frequent” and “periodic” inspections as monthly and annual, respectively), 8-2.1.2
(requirements for “frequent” inspections), 8-2.1.3 (requirements for “periodic”
inspections), and 8-2.1.3(b)(2) (inspection of compartments). For each inspection,
OSHA estimates that it will take the appropriate person 15 minutes (.25 hours) to
document, maintain, and make the inspection record available. The monthly inspection
must be conducted by a competent person, the annual inspection must be conducted by a
qualified person, and the four-year inspection must be conducted by a marine engineer,

93

marine architect, licensed surveyor, or other qualified person who has expertise with
respect to vessels/flotation device. For purposes of this calculation, OSHA assumes that
the four-year inspection will be conducted by a person with the wage rate equivalent to
that of a professional engineer, and that 30% of the employers will have such a person on
staff. OSHA assumes that, in accordance with §1926.1437(h), within the first year
following the effective date of this rule, the employer will conduct 12 monthly
inspections, 1 annual inspection, and 1 four-year inspection. The yearly burden hours
and cost of this paragraph are estimated to be:
Monthly inspections:
Burden hours: 200 floating cranes x 12 inspections x .25 hour
(documentation/maintenance/make available) = 600 hours
Cost: 600 hours per year x $22.88 per hour (wage- competent person) = $13,728
Annual inspections:
Burden hours: 200 floating cranes x .25 hour (documentation/maintenance/make
available) = 50 hours
Cost: 50 hours per year x $41.25 per hour (wage- qualified person) = $2,063
Four-Year inspections:
A. Development and Documentation of Four-year Inspections:
Burden hours: 200 floating cranes x .30 (% with appropriately qualified person on
staff) x .15 hour (develop/document) = 9 hours
Cost: 9 hours per year x $72.22 per hour (wage- professional engineer) = $ 650 per
year
B. Four Year Inspections - Maintaining and Making Available:
Although in some cases inspections will be performed and documented by a person
on the employer’s staff, and in other cases the employer will hire an appropriate person to
perform and document the inspection (see Item 13), in all cases the Agency assumes that
the employer’s clerical staff would maintain (.02 hours) and make available (.08 hours)
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:
Burden hours: 200 floating cranes x .10 hour (maintenance/make available) = 20
hours
Cost: 20 hours per year x $16.16 per hour (wage- clerical) = $ 323 per year

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Total burden hours: 679
Total cost: $16,764
67) CFR 1926.1437(m)(4)
The Agency estimates that 122,091 pieces of hoisting equipment will be used in the
construction industry per year and OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that 5% of these floating cranes/derricks will utilize
employer-made equipment. The burden for developing and documenting the required
information is addressed in Item 13. The burden taken here is for the employer’s clerical
staff to maintain the documentation produced by the RPE. The yearly burden hours and
cost of maintaining the documentation required by this paragraph are estimated to be:
Burden hours: 200 (equip. per year) x .05 (w/ employer-made equipment) x .02 hours
(maintain) = 1 hour per year
Cost: 1 hours per year x $16.16 per hour (wage- clerical) = $ 16.16 per year
68) 29 CFR 1926.1437(n)(2)
Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1,000 of the 1,146,703 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.
Since the employer has an option to use a qualified person (who is familiar with floating
crane/derrick designs) to determine the required ratings, OSHA construction staff
estimates that 25% of the employers would utilize this option. The other 75% of the
employers would likely use the other option, which allows the employer to consult the
manufacturer for these calculations. OSHA construction staff estimates that the
employer’s qualified person, would take 1.5 hours to develop and document such
determinations. The yearly burden hours and cost of this paragraph are estimated to be:
A. Development and Documentation:
Burden hours: 1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and
reinstalled equip) x .25 (w/ qualified person on staff) x 1.5 hour (develop and document)
= 19 hours per year
Cost: 19 hours per year x $ 41.25 per hour (wage - qualified person) = $784 per year

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B. Maintaining Documentation:
Although some of the documentation required by this section would be produced by
the employer, and some by a manufacturer’s RPE (see Item 13), in all cases the Agency
assumes that the employer’s clerical staff would maintain these records. The yearly
burden hours and cost of this clerical activity are estimated to be:
Burden hours: 1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and
reinstalled equip) x .02 hour (maintain documentation) = 1 hour per year
Cost: 1 hours per year x $ 16.16 per hour (wage - clerical) = $16.16 per year
Total burden hours: 20
Total cost: $800
69) 29 CFR 1926.1437(n)(3)(i) and (ii)
Burden hours/costs for 29 CFR 1926.1437(n)(3) are accounted as part of the
documentation required by section 1926.1437(n)(2). (See calculations for 29 CFR
1926.1437(n)(2) for an accounting of these burdens)
70) 29 CFR 1926.1437(n)(5)(v)
Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1000 of the 1,146,703 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.
For the jobs where the cranes and derricks are removed from the flotation devices, OSHA
estimates that it will take a marine engineer, or a qualified person who is familiar with
floating crane/derrick designs, with a wage rate equivalent to that of a professional
engineer 1.5 hours to develop and document information which confirms the safety of the
equipment’s mounting design. OSHA estimates that 30% of the employers will have such
a person on staff. The yearly burden hours and cost of this paragraph are estimated to be:
A. Development and Documentation:

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Burden hours: 1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and
reinstalled equip) x .30 (% with appropriately qualified person on staff) x 1.5 hour
(develop and document) = 23 hours per year
Cost: 23 hours per year x $ 72.22 per hour (wage- professional engineer) = $1,661
per year
B. Maintaining Documentation:
Although some of the documentation required by this section would be produced by a
person on the employer’s staff, and some a marine engineer or other appropriately
qualified person hired by the employer (see Item 13), in all cases the Agency assumes
that the employer’s clerical staff would maintain these records (.02 hours). The yearly
burden hours and cost of this clerical activity are estimated to be:
Burden hours: 1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and
reinstalled equip) x .02 hour (maintain documentation) = 1 hours per year
Cost: 1 hours per year x $ 16.16 per hour (wage- clerical) = $16.16 per year
Total burden hours: 24
Total cost: $1,677
71) 29 CFR 1926.1437(n)(6)(i)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 200 are floating cranes. OSHA estimates that for 25% of the floating
equipment used in the industry, land cranes/derricks will be mounted on a flotation
device/vessel and used to hoist loads. Subsequently, OSHA construction staff estimates
that for 20% of this equipment, mobile auxiliary cranes (two cranes/derricks on the
flotation device/vessel) will need to be mounted to a floatation device/vessel to perform
the construction hoisting job. For these jobs, OSHA estimates that it will take a marine
engineer, or a qualified person who is familiar with floating crane/derrick designs, with a
wage rate equivalent to that of a professional engineer, 1.5 hours to develop and
document information which confirms the safety of the equipment’s mounting design.
OSHA estimates that 30% of the employers will have such a person on staff. The yearly
burden hours and cost of this paragraph are estimated to be:
A. Development and Documentation:
Burden hours: 200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile
auxiliary cranes jobs) x .30 (% with appropriately qualified person on staff) x 1.5
hour (develop and document) = 5 hours per year
Cost: 5 hours per year x $72.22 per hour (wage- professional engineer) = $361 per
year

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B. Maintaining Documentation:
Although some of the documentation required by this section would be produced by a
person on the employer’s staff, and some a marine engineer or other appropriately
qualified person hired by the employer (see Item 13), in all cases the Agency assumes
that the employer’s clerical staff would maintain these records (.02 hours). The yearly
burden hours and cost of this clerical activity are estimated to be:
Burden hours: 200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile
auxiliary cranes jobs) x .02 hour (maintain documentation) = 1 hour per year
Cost: 1 hour per year x $16.16 per hour (wage- clerical) = $16.16 per year
Total burden hours: 6 per year
Total cost: $377 per year
72) 29 CFR 1926.1438(b)(2)(i)
Burden hours/costs for 29 CFR 1926.1438(b)(2)(i) are accounted as part of the
documentation required by applicable requirements of this final rule except: 1926.1415,
1416, 1426(a)-(c), 1435, 1436, 1438, and 1440. (See calculations for applicable
requirements for an accounting of these burdens)
73) 29 CFR 1926.1440(a)
Burden hours/costs are accounted as part of the documentation required by all other
sections of this standard except: 1926.1402, 1926.1415, 1926.1416, and 1926.1427.
74) 29 CFR 1926.1441(b)(2)(i)(B)
Burden hours/costs are accounted as part of the documentation required for modifications
under section 1926.1434(a)(1)(i) and (a)(2)(i).
75) 29 CFR 1926.1441(c)(2)(i)
OSHA estimates in the FEA that 122,091 pieces of hoisting equipment that will be used
in the construction industry per year. In the NPRM, OSHA construction staff estimated
that 40% of this equipment would be rated at 2,000 lbs or less in capacity. In light of
hearing testimony and comments, OSHA believes that this percentage may be an
overestimate, but in the absence of additional information about the actual number of
cranes rated at this capacity, OSHA is continuing to include that percentage for the
purposes of this calculation to ensure that it does not underestimate the number of
equipment with procedures that are unavailable. OSHA construction staff estimates that
1 % of this equipment will not have the required procedures readily available. For this
equipment, OSHA construction staff estimates that it will take an employer, most likely a

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shift director or qualified person, 10 minutes (.17 hour) to obtain operational procedures
developed by the qualified person specified in paragraph 1926.1441(c)(2)(ii) of this
section and ensure compliance with these procedures. The yearly burden hours and cost
of this paragraph are estimated to be:
Burden hours: 122,091 (equip. per year) x .40 (equip- 2,000 lbs or less) x .01 (equip w/o
procedures available) x .17 hour (procedures) = 83 hours
Cost: 83 hours x $41.25 per hour (wage - qualified person) = $3,423 per year
76) 29 CFR 1926.1441(c)(2)(ii)
OSHA construction staff estimates that 350 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment operational controls procedures available for reference. In addition, it is
estimated that 30% of this equipment will be owned by employers who employ a person
on staff qualified to develop procedures for operational controls in accordance with this
provision. For this equipment, OSHA estimates that it will take a qualified person 1 hour
to develop procedures for the operational controls and clerical staff 1 minute to maintain
(.02 hours), and 5 minutes (.08 hours) to make available, these procedures. The yearly
burden hours and cost of this paragraph are estimated to be:
A. Development and Documentation:
Burden hours: 350 (equip w/o procedures) x .30 (QP on staff) x 1 hour (procedures
development and documentation) = 105 hours
Cost: 105 hours x $41.25 per hour (wage- qualified person) = $4,331 per year
B. Maintaining and Making Available:
Although some of the documentation required by this section would be produced by
the employer, and some by a qualified person hired by the employer (see Item 13), in all
cases the Agency assumes that the employer’s clerical staff would maintain and make
available these records. The yearly burden hours and cost of this clerical activity are
estimated to be:
Burden hours: 350 (equip. w/o mfrs. procedures) x .10 hour (maintain and make
available) = 35 hours
Cost: 35 hours per year x $16.16 per hour (wage- clerical) = $566 per year
Total burden hours: 140 per year
Total cost: $4,897 per year
77) 29 CFR 1926.1441(c)(2)(iii)

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OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment rated capacities available for reference. In addition, it is estimated that 5 % of
this equipment will be owned by employers who employ a registered professional
engineer on staff. For this equipment, OSHA estimates that it will take a qualified person
1 hour to develop rated capacities and clerical staff 1 minute to maintain (.02 hours), and
5 minutes (.08 hours) to make available, these ratings. The yearly burden hours and cost
of this paragraph are estimated to be
A. Development and Documentation:
Burden hours: 350 (equip. w/o mfrs. rated capacities) x .05 (RPE on staff) x 1 hour
(develop/document/maintain) = 18 hours
Cost: 18 hours per year x $72.22 per hour (wage- registered professional engineer) =
$1,300 per year
B. Maintaining and Making Available:
Although some of the documentation required by this section would be produced by
the employer, and some by an RPE hired by the employer (see Item 13), in all cases the
Agency assumes that the employer’s clerical staff would maintain and make available
these records. The yearly burden hours and cost of this clerical activity are estimated to
be:
Burden hours: 350 (equip. w/o mfrs. rated capacities) x .10 hour (maintain and make
available) = 35 hours
Cost: 35 hours per year x $16.16 per hour (wage- clerical) = $566 per year
Total burden hours: 53 hours per year
Total cost: $1,866 per year
78) 29 CFR 1926.1441(c)(3)(ii)
OSHA estimates in the FEA that 122,091 pieces of hoisting equipment that will be used
in the construction industry per year. In the NPRM, OSHA construction staff estimated
that 40% of this equipment would be rated at 2,000 lbs or less in capacity. In light of
hearing testimony and comments, OSHA believes that this percentage may be an
overestimate, but in the absence of additional information about the actual number of
cranes rated at this capacity, OSHA is continuing to include that percentage for the
purposes of this calculation to ensure that it does not underestimate the number of
equipment with procedures that are unavailable. OSHA construction staff estimates that
1 % of this equipment will not have the required procedures readily available.
Subsequently, OSHA construction staff assumes that it would take the employer, most

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likely a director, about 15 minutes (.25 hour) to obtain and make this information
available to the operator. OSHA estimates the annual burden hours and cost for this
requirement are:
Burden hours: 122,091 (equip. per year) x .40 (equip- 2,000 lbs or less) x .01 (equip w/o
procedures readily available) x .25 hour (obtaining/making information available) = 122
hours per year
Cost: 122 hours x $35.62 per hour (wage -A/D director) = $4,349 per year
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting
from the collection of information. (Do not include the cost of any hour burden shown in Items 12
and 14).
• The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life) and (b) a total operation and maintenance and
purchase of service component. The estimates should take into account costs associated with
generating, maintaining, and disclosing or providing the information. Include descriptions of
methods used to estimate major cost factors including system and technology acquisition, expected
useful life of capital equipment, the discount rate(s), and the time period over which costs will be
incurred. Capital and start-up costs include, among other items, preparations for collecting
information such as purchasing computers and software; monitoring, sampling, drilling and testing
equipment; and record storage facilities.
• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and
explain the reasons for the variance. The cost of purchasing or contracting out information
collections services should be a part of this cost burden estimate. In developing cost burden
estimates, agencies may consult with a sample of respondent (fewer than 10), utilize the 60-day preOMB submission public comment process and use existing economic or regulatory impact analysis
associated with the rulemaking containing the information collection, as appropriate.
• Generally, estimates should not include purchases of equipment or services, or portions thereof,
made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not
associated with the information collection, (3) for reasons other than to provide information or keep
records for the government, or (4) as part of customary and usual business or private practices.

1) 29 CFR 1926.1404(j)
This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when information is not available for the employer
to reference and ensure that the manufacturers’ limitations have not been exceeded
regarding the maximum length of boom that may be supported by only cantilevering
during A/D operations. OSHA construction staff estimates that 20% of the 1,146,703
hoisting jobs performed in construction will require A/D. It is further estimated that
equipment in only 20% of these jobs will need the boom supported by only cantilevering
during A/D work. OSHA construction staff estimates that 1% of the equipment used on
these jobs, primarily older equipment models, will not have information available from
the manufacturer regarding cantilevered boom support. Subsequently, OSHA construction
staff estimates that it would take a registered engineer an average of 1.5 hours to develop
and document the required information for employers who request this information (the

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burden for maintaining the information is taken in Item 12). The yearly burden hours and
cost of this paragraph are estimated to be:
Burden hours: 1,146,703 (total equipment) x .20 (A/D jobs) x .20 (cantilevered boom
support) x .01 (equipment w/o man. specs) x 1.5 hour (to develop and document) = 688
hours per year
Cost: 688 hours per year x $72.22 per hour (wage-registered engineer) = $49,687 per
year
2) 29 CFR 1926.1404(m)(1)(i); cost for 29 CFR 1926.1404(m)(1)(ii) taken under 29 CFR
1926.1434
This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when selection of components and configurations
of the equipment that affect the capacity are not in accordance with the manufacturer’s
specifications. OSHA construction staff estimates that 20% of the 1,146,703 hoisting
jobs performed in construction will require A/D. OSHA construction staff further
estimates that, primarily for older equipment, employers will exercise this option during
1% of these jobs when the manufacturer specifications are not available. Subsequently,
OSHA construction staff estimates that it would take a registered engineer an average of 1.5
hours to develop and document the required information for employers who exercise this
option. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 1,146,703 (total jobs) x .20 (A/D jobs) x .01 (equip. w/o man. specs) x
1.5 hours (to develop and document) = 3,440 hours
Cost: 3,440 hours x $63.59 per hour (wage- registered engineer) = $218,750 per year
3) 29 CFR 1926.1408 Table A and 1926.1409(b)
This provision also applies to section 1926.1409 for work around power lines that are
above 350 kV. OSHA estimates in the FEA that 25% of the estimated 1,146,703 hoisting
jobs in construction will be performed near power lines. In addition, OSHA construction
staff estimates that on 5% of those jobs, cranes and derrick will be operated close to
power lines that are over 1,000 KV. It is estimated that 90% of the employers would call
the utility for the information required by this provision. The other 10% would opt to
consult an RPE to calculate the minimum clearance distance applicable to 1,000KV
power lines. Subsequently, OSHA estimates it would take an RPE 30 minutes (.5 hour)
to make the determination required by Table A and to communicate this information to
the employer.
Burden hours: 1,146,703 (hoisting jobs) x .25 (near power lines) x .10 (employers who
consult RPE) x .05 (jobs performed near 1,000KV lines) x .5 hour (calculate and
communicate) = 717 hours per year

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Cost: 717 hours per year x $72.22 per hour (wage- RPE) = $ 51,782 per year
4) 29 CFR 1926.1410(c)(1)
OSHA estimates in the FEA that 25% of the estimated 1,146,703 hoisting jobs in
construction will be performed near power lines. In addition, OSHA construction staff
estimates that on 5% of those jobs, cranes and derrick will be operated closer to power
lines than Table A allows. It is estimated that 90% of the employers would call the utility
for the information required by this provision. The other 10 % would opt to use an RPE
to calculate the minimum clearance distance applicable to the power lines. Subsequently,
OSHA construction staff estimates that it would take an RPE 30 minutes (.5 hour) to
make the determination required by Table A and to communicate this information to the
employer.
Burden hours: 1,146,703 (hoisting jobs) x .25 (near power lines) x .10 (employers who
consult RPE) x .05 (jobs performed inside of Table A) x .5 hour (calculate and
communicate) = 717 hours per year
Cost: 717 hours per year x $72.22 per hour (wage- RPE) = $ 51,782 per year
5) 29 CFR 1926.1410(d)
OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. OSHA construction staff estimates that 15% of
those jobs will be performed closer to the power line than Table A allows. Employers,
most likely one shift director per one of these jobs, are required to have a planning
meeting with the utility operator, or a registered professional engineer, to discuss the
procedures necessary to avoid contact with the power lines in the vicinity of the work
area. During this meeting the shift director would discuss these procedures as required in
29 CFR 1926.1410 (d) and document and make them immediately available as required
by 29 CFR 1926.1410(e).
While it is usual and customary for the shift director to plan the meeting and document
the procedures with the utility owner/operator, it may not be usual and customary to do so
with the RPE. Therefore for 1% of those jobs performed closer to the power line than
Table A allows, employers will opt to have a RPE rather than the utility owner/operator
develop documentation and attend in the planning meeting. OSHA estimates an RPE will
takes 30 minutes (.5 hour) to plan, and 15 minutes (.25 hour) to conduct/attend the
planning meetings person with respect to electric power transmission and distribution.
OSHA estimates the cost for this requirement is:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs in proximity to power lines) x
.15 (closer than Table A) x .01 (% of employers choosing an RPE) x .75 hours (for RPE
to plan and attend the meeting) = 258 hours
Cost: 258 hours per year x $72.22 (wage-RPE) = $18,633 per year

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6) 29 CFR 1926.1410(f)
OSHA estimates in the FEA that 20% of the 1,146,703 hoisting jobs per year will be
performed near at least one power line. OSHA construction staff estimates that 15% of
those jobs will be performed closer to the power line than Table A allows. Employers,
most likely the shift director, and the utility operator on these jobs are required by this
standard to conduct a meeting that will allow the equipment operator and other
employees who will be in the area of the equipment or load to review the hoisting
procedures documented in accordance with paragraph (e) of this section. The Agency
believes it would take the utility representative 20 minutes (.33 hour) to plan and 15
minutes (.25 hour) to assist in conducting the required meeting. OSHA estimates the
annual burden hours and cost for this requirement are:
Burden hours: 1,146,703 (total hoisting jobs) x .20 (jobs in proximity to power lines) x
.15 (closer than Table A) x (.33 hour (plan) + .25 hour (conduct meeting)) = 19,953 hours
per year.
Cost: 19,953 hours per year x $ 22.88 (wage- utility operator) = $ 456,525 per year
7) 29 CFR 1926.1411 Table T
OSHA estimates in the FEA that 25% of the estimated 1,146,703 hoisting jobs in
construction will be performed near power lines. In addition, OSHA construction staff
estimates that on 5% of those jobs, cranes and derrick will be operated close to power
lines that are over 1000 KV, and the equipment will have to travel without a load in
proximity of the power lines on 25% of those jobs. It is estimated that 90% of the
employers would call the utility for clearance distances while the other 10 % would opt to
use an RPE to calculate the minimum clearance distance applicable to these power lines.
Subsequently, OSHA construction staff estimates that it would take an RPE 30 minutes
(.5 hour) to make the determination required by Table A and to communicate this
information to the employer.
Burden hours: 1,146,703 (hoisting jobs) x .25 (near power lines) x .25 (must travel
without load) x .10 (employers who consult RPE) x .05 (jobs performed near 1,000KV
lines) x .5 hour (calculate and communicate) = 179 hours per year
Cost: 179 hours per year x $72.22 per hour (wage- RPE) = $12,927 per year
8) 29CFR 1926.1412(b)(1)(ii)(A)
OSHA estimates in the FEA that 1,146,703 hoisting jobs will be performed per year in
the construction industry. OSHA construction staff estimates that on 70% of these jobs,
pieces of equipment will be used on which repairs/adjustments have been made that will
affect the safe operation of the equipment. OSHA construction staff also estimates that
the manufacturer’s equipment criteria will not be available for .05% of those jobs using

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repaired/adjusted pieces of equipment. Under these scenarios, a qualified person must
determine if he or she must develop criteria or if an RPE is needed to do so. Although it
is not explicitly required by this provision, the Agency assumes that 70% of the qualified
persons will opt to develop the criteria and 30% will opt to consult a registered
professional engineer. Although not explicitly required, OSHA estimates that 80% of
those qualified persons will document the developed criteria. OSHA construction staff
estimates that it would take a qualified person on average 1.5 hour to develop and
document. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 1,146,703 (total hoisting jobs) x .70 (jobs that will affect pieces of
equipment) x .005 (equipment w/o mfr criteria) x .30 (done by RPE) x (1.5 hour to
develop and document) = 1,806 hours per year
Cost: 1,806 hours per year x $72.22 per hour (wage - RPE) = $130,429 per year
9) 29 CFR 1926.1412(c)(2)(i)
OSHA construction staff estimates that 20% of the 1,146,703 hoisting jobs performed in
construction will require A/D. OSHA construction staff estimates that on .05 % of these A/D
jobs, equipment will be used for which the manufacturer’s recommended configurations will not be
available. Under these scenarios, a qualified person must determine if he or she must
develop criteria that establishes safe configurations of the equipment or if there is a need
for an RPE to make such determinations. Although it is not explicitly required by this
provision, the Agency assumes that 60% of the qualified persons will opt to develop the
criteria themselves and the other 30% would hire an RPE. OSHA construction staff estimates
that it would take an RPE or qualified person 1.5 hour to develop and 30 minutes (.5 hour)
to document/maintain the required information. The yearly burden hours and cost of this
paragraph are estimated to be:
Burden hours: 1,146,703 (equip. per year) x .20 (A/D jobs) x .005 (equip. w/o mfr.
criteria) x .30 (done by RPE) x .01 (equip. w/o mfr criteria) x 1.5 hour (develop and
document) = 5 hours per year
Cost: 5 hours per year x $72.22 per hour (wage- RPE) = $361 per year
10) 29CFR 1926.1413(a)(4)(ii)(A)
OSHA believes that number of shifts per hoisting job in construction is too variable to try
to estimate how many occur in the industry per year. However, OSHA estimates in the
FEA that 1,146,703 hoisting jobs will be performed in the construction industry per year.
OSHA construction staff estimates that during shift inspections on 1% of these jobs,
Category II wire rope deficiencies will be discovered that will require the employer to
make an assessment of continued safe operations of equipment if the damaged wire rope
continues to be used. Furthermore, OSHA construction staff estimates that during the
inspection of 75% of these hoisting jobs, the employer will opt to simply remove the
damaged rope from service. The remaining 25% of the employers will opt to obtain

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written approval from the manufacturer for different criteria which would allow the rope
to remain in service. Subsequently, OSHA construction staff estimates that it would take
the manufacturer, most likely a qualified person, 1 hour to review and 30 minutes (.5
hours) to document a response. The yearly burden hours and cost of this paragraph are
estimated to be:
Burden hours: 1,146,703 (jobs per year) x .01 (insp. w/ Cat II damaged wire rope) x .25
(employers. who opt to get approval) x [1 hour (review) + .5 hour (document)] = 4,300
hours per year
Cost: 1,433 hours per year x $36.22 per hour (wage-qualified person-mfr.) =
$155,746 per year
11) 29 CFR 1926.1417(b)(1) and 1417(b)(2)
OSHA construction staff estimates that the manufacturer’s operating procedures will not
be available for 350 pieces of equipment used to perform construction activities,
primarily older models. It is estimated that 70% of this equipment is owned by
employers who do not employ the required qualified person. Subsequently, OSHA
construction staff estimates that, under this scenario, it will take a qualified person 1 hour
to develop/document, 1 minute (.02 hour) to maintain, and 5 minutes (.08 hour) to make
available procedures that are necessary for the safe operation of the equipment and
attachments.
Burden hours: 350 (equip. w/o mfrs. Procedures) x .70 (QP not employed on staff) x
1.10 [1.02 hour (develop/document/maintain) + .08 hour (make available)] = 270 hours
per year
Cost: 270 hours per year x $41.25 per hour (wage - employer/qualified person) =
$11,138 per year
12) 29 CFR 1926.1417(b)(3)
OSHA construction staff estimates that for 350 pieces of equipment used to perform
construction activities, primarily older models, the manufacturer’s procedures related to
the capacity of the equipment will not be available. In addition, it is estimated that 95%
of this equipment will be owned by employers who do not employ a registered
professional engineer on staff and will contract for this service. Under this scenario,
OSHA construction staff estimates that it would take 1 hour for a registered professional
engineer (RPE) who is familiar with the equipment to develop and document these
procedures. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 350 (equip. w/o mfrs. procedures) x .95 (% contracted w/ RPE) x 1 hour
(develop/document) = 333 hours per year
Cost: 333 hours per year x $72.22 per hour wage (RPE) = $24,049 per year

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13) 29 CFR 1926.1427(c)(1)(ii)
OSHA construction staff estimates that no more than 10 employers will opt to get
accredited and certify its own employees in accordance with Option 2 of this section. In
addition, it is assumed that all of these employers will provide testing materials to an
auditor for approval in accordance because it is believed that obtaining a test from
accredited crane/derrick testing organizations would most likely not be cost effective for
the employer or the accredited testing organization will not provide tests for employers.
When employers choose to have their tests audited, it is estimated that it would take the
auditor, most likely a qualified educator/manager, 2 hours to review and approve the test
the employer would submit for approval. It is also very likely that the auditor will
document this approval. The yearly burden hours and cost of this paragraph are estimated
to be:
Burden hours: 10 (number of Option 2 employers) x 2 hours (time to
review/approve/document) = 20 hours per year
Cost: 20 hours per year x 63.59 (wage of qualified person- auditor) = $1,272 per year
14) 29 CFR 1926.1427(c)(2)(i)
OSHA construction staff estimates that 10 employers or less will opt to get accredited
and certify its own employees in accordance with Option 2 of this section. It is estimated
that it would take an auditor, most likely a qualified educator/manager, 2 hours to review
and approve the testing circumstances in accordance with this paragraph. The yearly
burden hours and cost of this paragraph are estimated to be:
Burden hours: 10 (Option 2 employers) x 2 hour (time to review/approve) = 20 hours
per year
Cost: 20 hours per year x $63.59 (wage of qualified person- auditor) = $1,272 per
year
15) 29 CFR 1926.1427(c)(5)(ii), and (c)(5)(iv)
OSHA construction staff estimates that no more than 10 employers will opt to get
accredited and certify its own employees in accordance with Option 2 of this section. It is
estimated that it would take an auditor, most likely a qualified educator/manager, 30
minutes (.5 hour) to document the audit and maintain that record for three years and make
it available to the Secretary of Labor upon request. The yearly burden hours and cost of
this paragraph are estimated to be:
Burden hours: 10 (Option 2 employers) x .5 hour (time to document/maintain/make
available) = 5 hours per year

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Cost: 5 hours per year x $63.59 (wage - qualified person, auditor) = $318 per year
16) 29 CFR 1926.1427(c)(5)(iii)
OSHA estimates that 1 of the 10 estimated Option 2 employers covered by this standard
would fail the audit of its test and test administration required by this provision.
Therefore it is estimated that it would take an auditor, 15 minutes (.25 hour) to file a
report to an OSHA Regional Office regarding certification program deficiencies
discovered during an audit. The yearly burden hours and cost of this paragraph are
estimated to be:
Burden hours: 1 (employer who program fails) x .25 hour (time to file documents with
OSHA) = 1 hour per year
Cost: 1 hour per year x $63.59 per hour (wage- qualified person, auditor) = $64 per
year
17) 29 CFR 1926.1434(a)(1)(i), (a)(1)(ii); 29 CFR 1926.1404 (m)(1)(ii) and
1926.1441(b)(2)(i)(B)
This provision also applies to modifications made in accordance with section
1926.1441(b)(2)(i)(B). Of the 122,091 cranes in use per year as estimated in the FEA,
OSHA construction staff estimates that 1% of this equipment will be modified. In these
scenarios, the manufacturer, most likely a qualified person, must approve such
modifications submitted by the employer to ensure that the modifications will not
compromise the safe operation of the equipment. OSHA construction staff estimates that
it would take a qualified person 2 hour to review and 30 minutes (.5 hour) to document
the modification request. It is also assumed that the employer would also calculate and
document proposed modifications of the load charts, procedures and other necessary
information that are required in accordance with paragraph (a)(1)(ii) of this section.
OSHA estimates that the annual burden hours and cost of this provision are:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x [2 hours (review
request and modifications of equipment/tags/charts/procedures) + .5 hour (document)] =
3,052 hours per year
Cost: 3,052 hours per year x $41.25 per hour (wage -.qualified personmanufacturing) = $125,895 per year
18) 29 CFR 1926.1434(a)(1)(ii)
Burdens taken with requirement in 29 CFR 1926.1434(a)(1)(i). (See calculations
for section 1926.1434(a)(1)(i) for accounting of burden hours)
19) 29 CFR 1926.1434(a)(2)(i), (a)(3), (a)(4), (a)(5), (b) and 1926.1441(b)(2)(i)(B)

108

This provision also applies to modifications made in accordance with section
1926.1441(b)(2)(i)(B). Of the 122,091 cranes in use per year as estimated in the FEA,
OSHA construction staff estimates that 1% of this equipment will be modified in a
manner that will affect the safe operation of the equipment, thus requiring the employer
to send a modification proposal to the manufacturer. Of this 1%, OSHA construction
staff estimates that 45 % of the proposals will be approved by the manufacturer or
rejected with explanation, and the other 55 % of proposals will be ignored by the
manufacturer or rejected without explanation. For this latter 55 %, which requires an
RPE to review the modification, OSHA construction staff estimates that 85 % percent of
employers who own this equipment would not have a registered professional engineer
(RPE) on staff that is qualified to perform the review. In addition, it is estimated that it
would take an RPE 1 hour to review the modification request, 30 minutes (.5 hour) to
modify load charts, procedures, instruction manuals, and instruction plates/tags/decals
and 30 minutes (.5 hour) to document the modification approval. OSHA estimates that
the annual burden hours and cost of this provision are:
Burden hours: 122,091 (equip. per year) x .01 (modified equipment) x .55 (%
manufacturer refuses to review or rejects without explanation) x .85 (RPE not on staff) x
2 (1 hour (review) + .5 hour (doc) + .5 hour (time to modify tags/charts/procedures)) =
1,142 hours per year
Cost: 1,142 hours per year x $72.22 per hour (wage - RPE) = $82,475 per year
20) 29 CFR 1926.1435(b)(3)
OSHA construction staff estimates that 2 percent of the 122,091 cranes the FEA
estimates are used in construction annually are tower cranes. Furthermore, OSHA
construction staff estimates that it would take an RPE 2.5 hours to engineer and
document the design of a tower crane’s foundation and structural support.
Burden hours: 122,091 (equip. per year) x .02 (tower cranes) x 2.5 hours (engineer and
document) = 6,105 hours per year
Cost: 6,015 hours per year x $72.22 per hour (wage- RPE) = $434,403 per year
21) 29 CFR 1926.1435(b)(7)(ii)
OSHA construction staff estimates that 2% of the 122,091 cranes the FEA estimates are
used in construction annually are tower cranes. Furthermore, OSHA construction staff
estimates that it would take an RPE 2 hours to calculate/verify and 30 minutes (.5 hours)
to document that the host structure is strong enough to sustain the forces imposed through
the braces, brace anchorages and supporting floors.
Burden hours: 122,091 (total equip.) x .02 (tower cranes) x 2.5 hours (verify and
document) = 6,105 hours per year

109

Cost: 6,105 hours per year x $72.22 per hour (wage- RPE) = $ 440,903 per year
22) 29 CFR 1926.1435(c)(5)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 2% of this equipment will be tower cranes. Furthermore it is estimated that
1% of the equipment, generally older models, will not have the manufacturer’s
recommendations and specifications available. Subsequently, when the manufacturer’s
recommendations and specifications are not available, OSHA construction staff estimates
that it will take a registered professional engineer, who is familiar with that type of
equipment, 1hour to approve the size and location of signs the employer may display on
the equipment specified by the employer, and 30 minutes (.5 hours) to document that
approval. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 122,091 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) x [1
hour (approve) + .5 hour (doc) = 37 hours per year
Cost: 37 hours per year x $72.22 per hour (wage- RPE) = $2,672
23) 29 CFR 1926.1435(f)(3)(ii)
Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 2% of this equipment will be tower cranes. Furthermore it is estimated that
1% of the equipment, generally older models, will not have the manufacturer’s
recommendations and specifications available. Subsequently, when the manufacturer’s
recommendations and specifications are not available, OSHA construction staff estimates
that it will take a registered professional engineer, who is familiar with that type of
equipment, 2 hours to develop and 30 minutes (.5 hours) document load test procedures
that can be used safely by the employer. The yearly burden hours and cost of this
paragraph are estimated to be:
Burden hours: 122,091 (hoisting equip) x .02 (tower cranes) x .01(w/o man. specs) x 2
hours (develop) + .5 hour (doc) = 61 hours per year
Cost: 61 hours per year x $72.22 per hour (wage- RPE) = $4,405
24) 29 CFR 1926.1437(h)(6)
Burden hours/costs for documentation of crane inspections required by paragraphs (h)(2),
(h)(4) of this section are accounted under 29 CFR 1926.1412(e)(3) and (f)(7). The
monthly and annual inspection requirements are addressed in Item 12. The four-year
inspection required by this paragraph must be conducted by a marine engineer, marine
architect, licensed surveyor, or other qualified person who has expertise with respect to
vessels/flotation device. For purposes of this calculation, OSHA assumes that the fouryear inspection will be conducted by a person with the wage rate equivalent to that of a
professional engineer, and that 70% of the employers will not have such a person on

110

staff. OSHA assumes that, in accordance with §1926.1437(h), within the first year
following the effective date of this rule will conduct 1 four-year inspection. The yearly
burden hours and cost of this paragraph are estimated to be:
Four-Year inspections:
Burden hours: 200 floating cranes x .70 (% appropriately qualified person not on
staff) x .15 hour (develop/document) = 21 hours
Cost: 21 hours per year x $72.22 per hour (wage- professional engineer) = $ 1,517
per year
25) 29 CFR 1926.1437(m)(4)
The Agency estimates that 122,091 pieces of hoisting equipment will be used in the
construction industry per year and OSHA construction staff estimates that 200 are
floating cranes. OSHA estimates that 5% of these floating cranes/derricks will utilize
employer-made equipment. Subsequently, OSHA estimates that it will take a registered
professional engineer 1 hour to calculate and .5 hour to document that the load charts and
applicable parameters for use meet the requirements of paragraphs 29 CFR
1926.1437(m)(1) through (m)(3). The burden for maintaining this documentation is taken
in Item 12. The yearly burden hours and cost for developing and documenting employermade equipment are estimated to be:
Burden hours: 200 (equip. per year) x .05 (w/ employer-made equipment) x 1.5 hours
(calculate and document = 15 hours per year
Cost: 15 hours per year x $72.22 per hour (wage- registered professional
engineer/qualified person) = $ 1,083 per year
26) 29 CFR 1926.1437(n)(2)
Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1,000 of the 1,146,703 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.
Since the employer has an option to use a qualified person (who is familiar with floating
crane/derrick designs) to determine the required ratings, OSHA construction staff
estimates that 70% of the employers would likely consult the manufacturer to make the

111

required calculations. The other 30% of the employers would use a qualified person on its
staff. OSHA construction staff estimates that the manufacturer’s RPE would take 1 hour
to calculate and 30 minutes (.5 hour) to document the required determinations. The
yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 1,000 (hoisting-jobs floating cranes/derricks) x .05 (removed and
reinstalled equip) x .70 (mfr. qualified person/RPE) x 1.5 hours (develop/document) = 53
hours per year
Cost: 53 hours per year x $ 72.22 per hour (wage- mfr. RPE) = $ 3,828 per year
27) 29 CFR 1926.1437(n)(3)
Burden hours/costs for 29 CFR 1926.1437(n)(3) are accounted as part of the
documentation required by section 1926.1437(n)(2). (See calculations for 29 CFR
1926.1437(n)(2) for an accounting of these burdens)
28) 29 CFR 1926.1437(n)(5)(v)
Paragraph (n)(2) allows the option of getting the rated capacity of the equipment reduced
by the equipment manufacturer or a qualified person to account for the maritime
conditions listed in paragraph (n)(1) of this section. Subsequently, OSHA construction
staff estimates that on 1000 of the 1,146,703 hoisting jobs that will be performed in the
construction industry per year, land cranes/derricks on barges pontoons, vessels, or other
means of floatation will be used. In addition, OSHA construction staff estimates that
only 5% of these jobs will be performed using land cranes and derricks that will be
removed from the flotation devices and reinstalled for particular hoisting jobs. Most will
remain secured to the flotation device and be used throughout the year without a need to
be rated by a qualified person again.
For the jobs where the cranes and derricks are removed from the flotation devices, OSHA
estimates that it will take a marine engineer/registered professional engineer or a
qualified person who is familiar with floating crane/derrick designs, 1 hour to develop
and .5 hour to document information which confirms the safety of the equipment’s
mounting design. It is estimated that 70% of the employers for these jobs would opt to
contract the services of a marine engineer, while the other 30% would use a staff
employee who is a qualified person to make these determinations. The yearly burden
hours and cost of this paragraph for a marine engineer are estimated to be:
Burden hours: 1,000 (hoisting jobs- floating cranes/derricks) x .05 (removed and
reinstalled equip) x .70 (qualified person/RPE not on staff) x 1.5 hours (develop and
document) = 53 hours per year
Cost: 53 hours per year x $ 72.22 per hour (wage- RPE) = $ 3,828 per year
29) 29 CFR 1926.1437(n)(6)(i)

112

Of the 122,091 cranes in use per year as estimated in the FEA, OSHA construction staff
estimates that 200 are floating cranes. OSHA estimates that for 25% of the floating
equipment used in the industry, land cranes/derricks will be mounted on a flotation
device/vessel and used to hoist loads. Subsequently, OSHA construction staff estimates
that for 20% of this equipment, mobile auxiliary cranes (two cranes/derricks on the
flotation device/vessel) will need to be mounted to a floatation device/vessel to perform
the construction hoisting job. For these jobs, OSHA estimates that it will take a marine
engineer/registered professional engineer, who is familiar with floating crane/derrick
designs, 1 hour to develop and .5 hour to document a confirmation of the safety of the
equipment attachment design. It is estimated that 70% of the employers for these jobs
would opt to contract for the services of a marine engineer, while the other 30% would
use an existing employee who is a qualified person to make these determinations. The
yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 200 (floating cranes/derrick) x .25 (land crane/derrick) x .20 (mobile
auxiliary cranes jobs) x .70 (contract marine engr./RPE) x 1.5 (calculate and document) =
11 hours per year
Cost: 11 hours per year x $72.22 per hour (wage- marine engineer/registered
professional engineer) = $794 per year
30) 29 CFR 1926.1441(b)(2)(i)(A)
This provision requires that written approval (from a registered engineer who is familiar
with the equipment) must be obtained when the manufacturer’s specifications are not
available regarding the selection of components and configurations of the equipment that
affect its capacity or safe operation. OSHA construction staff estimates that, primarily
for older equipment, employers will exercise this option during 100 of the hoisting jobs
performed per year by cranes with a rated capacity of 2,000 pounds or less. Subsequently,
OSHA construction staff estimates that it would take an average of 30 minutes (.5 hour) for a
registered professional engineer to develop, and 15 min (.25) to document, the required
information. The yearly burden hours and cost of this paragraph are estimated to be:
Burden hours: 100 (equip. w/o man. specs) x .75 hour (develop and document)] = 75
hours
Cost: 75 hours x $72.22 per hour (wage- registered engineer) = $ 5,417 per year
31) 29 CFR 1926.1441(c)(2)(ii)
OSHA construction staff estimates that for 500 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment operational controls procedures available for reference. In addition, it is
estimated that 70% of this equipment will be owned by employers who do not employ a
qualified person on staff to develop procedures for operational controls in accordance
with this provision. For this equipment, OSHA estimates that it will take a qualified

113

person 1 hour to develop and document procedures for the operational controls (see Item
12 for burden of maintaining and making available procedures). The yearly burden hours
and cost of this paragraph are estimated to be:
Burden hours: 500 (equip w/o procedures) x .70 (QP not on staff) x 1 hour
(develop/document) = 350 hours
Cost: 350 hours x $41.25 per hour (wage- qualified person) = $14,438 per year
32) 29 CFR 1926.1441(c)(2)(iii)
OSHA construction staff estimates that for 500 pieces of equipment used to perform
construction activities, primarily older models, will not have the manufacturer’s
equipment rated capacities available for reference. In addition, it is estimated that 95 %
of this equipment will be owned by employers who do not employ a registered
professional engineer on staff. For these jobs, OSHA estimates that it will take a
registered professional engineer, who is familiar with the equipment, 1 hour to
develop/document procedures related to the capacity of the equipment. The yearly burden
hours and cost of this paragraph are estimated to be:
Burden hours: 500 (equip. w/o mfrs. procedures) x .95 (RPE not on staff) x 1 hour
(develop/document) = 475 hours
Cost: 475 hours per year x $72.22 per hour (wage- registered professional engineer) =
$34,305 per year
14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of
the method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), any other expense that would not have
been incurred without this collection of information. Agencies may also aggregate cost estimates
from Items 12, 13, and 14 in a single table.

1) OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate
of $31.34, would spend about 30 minutes (.5 hour) during an inspection reviewing the
documents required by the Standard. The Agency determines that its compliance officers
would inspect about 1,242 6 worksites each year on which pieces of equipment are used
that are regulated by the Standard. OSHA considers other expenses, such as equipment,
overhead, and support staff salaries, to be normal operating expenses that would occur
without the paperwork requirements specified by the Standard. Therefore, the total cost
of these paperwork requirements to the Federal government is:
Cost: 1,242 inspections x .5 hour x $32.73 = $20,325

6

OSHA estimated the number of inspections by determining the inspection rate (1.4%) for all
worksites under the jurisdiction of the OSH Act (including both Federal OSHA and approved state-plan
agencies), and then multiplied the total number of worksites covered by the Standard (1,146,703) by this
percentage (i.e., .014 x 1,146,703 = 1,242 inspections).

114

2) OSHA estimates that a administrative assistant (GS-7, step 5) with an hourly wage rate
of $17.67, would spend about 15 minutes (.25 hour) filing and maintaining the
documented report submitted by an operator certification/qualification program auditor.
This report identifies deficiencies in an employer’s operator certification/qualification
program as required by paragraph 1926.1427(c)(5)(iii). The Agency estimates that
OSHA Area Offices would receive about one of these reports each year. OSHA considers
other expenses, such as equipment, overhead, and support staff salaries, to be normal
operating expenses that would occur without the paperwork requirements specified by the
Standard. Therefore, the total cost of these paperwork requirements to the Federal
government is:
Cost: 1 report x .25 hour x $18.45 = $4.61 per year
15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the
OMB Form 83-1.

The burden hours for the collection of information contained in the Cranes and Derricks
Final rule results in a program increase of 403,402 hours. The cost of the Final rule
results in a program increase of $2,340,698.00
16. For collections of information whose results will be published, outline plans for tabulation and
publication. Address any complex analytical techniques that will be used. Provide the time schedule
for the entire project, including beginning and ending dates of the collection information, completion
of report, publication dates, and other actions.

OSHA will not publish the information collected under the Standard.
17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.

This Supporting Statement was developed for the Standard; therefore, no expiration date
would be displayed.
18. Explain each exception to the certification statement identified in Item 19, "Certification for
Paperwork Reduction Act Submission," of OMB Form 83-I.

OSHA is not seeking an exception to the certification statement specified by Item 19 of
OMB 83-I.
Table 1
Burden Hours, Number of Responses, Annual Costs for the Information Collection
Requirements
Burden Hours
Item 12 Information Collection Requirement
29 CFR 1926.1402(c)(2)
29 CFR 1926.1403(b) and 1926.1406(b)
29 CFR 1926.1404(f)(2)
29 CFR 1926.1404(j)
29 CFR 1926.1404(m)(1)(i)
29 CFR 1926.1407(a)(1)(i), (a)(3)(i), (c), (d), (e),

750
15
34
9
46
34,401

Item 12 Wage
and Hours Costs ($)
$26,715
$534
$1,211
$145
$743
$2,064,748

115

Item 13 Capital
Costs ($)
0
0
0
$49,687
$218,750
0

Number of Response
1,500
10
50
459
2,293
91,736

Burden Hours
Item 12 Information Collection Requirement
(f), and 1926.1409
29 CFR 1926.1407(g) and 1926.1409
29 CFR 1926.1408 Table A and 1926,1409(b)
29 CFR 1926.1408(a)(2)(i), (2)(iii)(A), (c),
(d)(1), (e), and 1926.1409
29 CFR 1926.1410(c)(1)
29 CFR 1926.1410(d)
29 CFR 1926.1410(e)
29 CFR 1926.1410(f)
29 CFR 1926.1410(j)
29 CFR 1926.1411 Table T
29 CFR 1926.1412(a)(1)(i)
29 CFR 1926.1412(b) (1)(ii)(A)
29 CFR 1926.1412(c)(2)(i)
29 CFR 1926.1412(e)(3)(i), (e)(2)(i) ,(e)(3)(ii), (f)(6),
(g)(3),(h), 1926.1413(b)(4), (c)(3)(ii), and 1926.1437(h)
29 CFR 1926.1412(f)(7), 1926.1413(c)(4), and
1926.1437(h)
29 CFR 1926.1413(a)(4)(ii)(A)
29 CFR 1926.1414(e)(2)(iii)
29 CFR 1926.1414(e)(3)(iii)
29 CFR 1926.1417(b)(1) and (b)(2)
29 CFR 1926.1417(b)(3)
29 CFR 1926.1417(j)(1)
29 CFR 1926.1417(j)(2)
29 CFR 1926.1423(j)(2)
29 CFR 1926.1424(a)(2)(ii)
29 CFR 1926.1424(a)(3)(i) and (ii)
29 CFR 1926.1427(a) and (e)(1)
29 CFR 1926.1427(c)(1)(ii)
29 CFR 1926.1427(c)(2)(i)
29 CFR 1926.1427(c)(5)(ii) and (c)(5)(iv)
29 CFR 1926.1427(c)(5)(iii)
29 CFR 1926.1427(h)(1)(i) and (ii)
29 CFR 1926.1428(a)(1), (a)(2), and (a)(3)
29CFR 1926.1428(b)
29 CFR 1926.1431(o)(3)(i)
29 CFR 1926.1431(p)(4)(i)
29 CFR 1926.1431(r)(3)(i)
29 CFR 1926.1431(s)(3)(i)
29 CFR 1926.1433(e)
29 CFR 1926.1434(a)(1)(i), (a)(1)(ii), (a)(3),
1926.1404(m)(1)(ii), 1926.1441(b)(2)(i)(B)
29 CFR 1926.1434(a)(2)(i), (a)(3), (a)(4), (a)(5),
(b), and 1926.1441(b)(2)(i)(B)
29 CFR 1926.1435(b)(3)
29 CFR 1926.1435(b)(7)(ii)
29 CFR 1926.1435(c)(5)
29 CFR 1926.1435(f)(3)(ii)
29 CFR 1926.1436(g)(4)
29 CFR 1926.1437(c)(2)(ii)

Item 12 Wage
and Hours Costs ($)

Item 13 Capital
Costs ($)

Number of Response

3,811
0
137,604

$69,932
0
$8,258,992

0
$51,782
0

22,418
0
366,944

0
0
18,233
8,600
268
0
403
3,692
1,055
17,820

0
0
$649,459
$621,092
$12,694
0
$16,624
$144,241
$39,816
$404,721

$51,782
$18,633
0
$456,525
0
$12,927
0
130,429
$361
0

0
0
34,401
34,401
688
0
1221
5457
1559
5400

2,475

$102,094

0

7500

287
26
26
116
8
19,494
120
30
46,785
7,339
4,992
0
0
0
0
271
88,296
1,766
50
250
250
500
4
1,862

$4,638
$595
$595
$4,785
$185
$694,376
$4,274
$1,069
$858,505
$134,671
$80,671
0
0
0
0
$11,179
$1,426,863
$28,539
$1,781
$8,905
$8,905
$17,810
$92
$76,030

$155,746
0
0
$11,138
$24,049
0
0
0
0
0
0
$1,272
$1,272
$318
$64
0
0
0
0
0
0
0
0
$125,895

2867
50
150
105
368
114,670
1,500
1,500
275,209
917,362
99,841
0
0
0
0
1,426
802,692
16,504
100
500
500
1,000
50
1,526

268

$15,599

$82,475

772

49
49

$792
$792

$434,403
$440,903

2,442
2,442

0
2
93
136

0
$32
$2,128
$2,496

$2,672
$4,405
0
0

0
24
488
800

116

Burden Hours
Item 12 Information Collection Requirement
29 CFR 1926.1437(h)(6)
29 CFR 1926.1437(m)(4)
29 CFR 1926.1437(n)(2)
29 CFR 1926.1437(n)(5)(v)
29 CFR 1926.1437(n)(6)(i)
29 CFR 1926.1441(b)(2)(i)(A)
29 CFR 1926.1441(c)(2)(i)
29 CFR 1926.1441(c)(2)(ii)
29 CFR 1926.1441(c)(2)(iii)
29 CFR 1926.1441(c)(3)(ii)
Totals

679
1
20
24
6
0
83
140
53
122
403,413

Item 12 Wage
and Hours Costs ($)
$16,764
$16
$800
$1,677
$377
0
$3,423
$4,897
$1,866
$4,349
$15,834,237.00

117

Item 13 Capital
Number of Response
Costs ($)
$1,517
2,870
$1,083
10
$3,828
63
$3,828
65
$794
13
$5,417
0
0
488
$14,438
455
34,305
368
0
488
$2,340,698.00
2,825,745