Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualification

Forms and Documents

Document Name	Status
Cranes and Derricks in Construction 83 FR 23535 (05.21.18) 2018-10559.pdf Supplementary Document	2018-05-21
29 CFR 1926.1400 (Supbpart CC) eCFR (downloaded 05.14.18).pdf Supplementary Document	2018-05-14
OSH Act Section 8 USC 657.pdf Supplementary Document	2018-05-14
OSH Act Section 6 USC 655.pdf Supplementary Document	2018-05-14
OSH Act Section 2 USC 651 (3).pdf Supplementary Document	2018-05-14
Cranes and Derricks Operator Cert NPRM Supporting Statement 05.14.18 nt.doc Supporting Statement A	2018-05-14

IC Document Collections

IC ID	Document Title	Status
230295	Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualificatoin	New

ICR Details

OMB Control No: 1218-0270	ICR Reference No: 201710-1218-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/OSHA	Agency Tracking No: Crane Operator Qualification NPRM (2018)
Title: Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 07/31/2018
	Date Received in OIRA: 05/21/2018
Terms of Clearance: OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: OSHA proposes to update its standard for cranes and derricks in construction by permanently extending and clarifying each employer’s duty to ensure the competency of crane operators through required training, certification or licensing, and evaluation. The NPRM would require an employer to document an operator’s successful completion of an evaluation. Documenting completion of the evaluation provides a record of whether the operator can safely and competently use particular equipment. The rulemaking will identify criteria for employers to follow to ensure their crane operators are completely qualified to operate cranes safely on construction work sites. In the 2010 final cranes standard, the Agency established crane operator certifications as the sole criterion for operator safety. Certification is virtually always provided by third party testing entities. Following publication of the final crane standard, stakeholders informed the Agency that certification did not by itself establish a safe enough level of experience and competence--employers must be responsible to ensure that crane operators are qualified. The Agency responded by publishing a final rule postponing the deadline for operator certification and extending the employer duty to permit the Agency to conduct rulemaking, if necessary, on operator qualification.

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Authorizing Statute(s): US Code: 29 USC 651 Name of Law: OSH Act
   US Code: 29 USC 655 Name of Law: OSH Act
   US Code: 29 USC 657 Name of Law: OSH Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1218-AC96	Proposed rulemaking	83 FR 23534	05/21/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 23534	05/21/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 23534	05/21/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualificatoin

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Agency is requesting a total burden hour program change increase of 4,773 hours related to new evaluation documentation burden hours for 29 CFR 1926.1427(f). The increase is also related to increase certification recordkeeping costs consistent with the PEA assumptions. The Agency is not requesting capital costs associated with the NPRM. The Agency is seeking approval for this Supporting Statement under a new OMB Control number because there is a pending, separate revision of the comprehensive Cranes and Derricks in Construction Standard ICR (OMB Control Number 1218-0261) for another rulemaking under development. Since this is a new IC, at this time the Agency can only report changes as Program Changes in OMB’s data base. However, the estimated burden hour and costs adjustments estimated in this package will be counted when this IC is merged with the existing Cranes and Derricks in Construction Standard ICR.

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Annual Cost to Federal Government: $34

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/21/2018

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