OSHA is updating the agencyâs standard for cranes and derricks in construction by clarifying each employerâs duty to ensure the competency of crane operators through training, certification or licensing, and evaluation. OSHA is also altering a provision that required different levels of certification based on the rated lifting capacity of equipment. While testing organizations are not required to issue certifications distinguished by rated capacities, they are permitted to do so, and employers may accept them or continue to rely on certifications based on crane type alone. Finally, this rule establishes minimum requirements for determining operator competency. This final rule will maintain safety and health protections for workers while reducing compliance burdens.
Paragraph (f) sets out new specific requirements that employers must follow to conduct an operator evaluation and re-evaluation, including documentation requirements. Paragraph (f)(6) requires the employer to document the evaluation of each operator and to ensure that the documentation is available at the worksite while the operator is employed by the employer. OSHA is adding language to this final rule that states explicitly the documentation must be maintained while the operator is employed by the employer. This paragraph also specifies the information that the documentation needs to include: the operatorâs name, the evaluatorâs name and signature, the date of the evaluation, and the make, model and configuration of the equipment used in the evaluation. However, the documentation would not need to be in any particular format. The employer must make the document available at the worksite for the duration of the operatorâs employment.
The Agency is requesting a total burden hour program change increase of 7,173 hours. The increase is related to new evaluation documentation burden hours associated with 29 CFR 1926.1427(f) of the final rule. The increase is also related to increased certification recordkeeping costs consistent with the FEA assumptions that reflect an increase in the number of operators subject to the standard.
The Agency is seeking approval for this Supporting Statement under new OMB Control number 1218-0270 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 (Cranes and Derricks in Construction: Railroad Cranes). Since this is a new IC, at this time the Agency can only report changes as Program Changes in OMBâs 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.
If this Supporting Statement had amended the Cranes and Derricks in Construction Standard (OMB Control Number 1218-0261) ICR, this action would include an adjustment of 3,185 burden hours and a 3,988 burden hour program change. The program change increase would be related to the evaluation recordkeeping costs of 29 CFR 1926.1427(f)(6). This adjustment increase would be related to increased certification recordkeeping costs consistent with the FEA assumptions. Also, the change would result in an adjustment decrease of $571 in capital costs due to the Agencyâs belief that only 1 employer will opt to get accredited and certify its own employees in accordance with 1926.1427(e).
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:
(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;
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.
Item 8 - Appendix A Crane Operator Qualification Final Rule 11.08.18 315pm.pdf
Supporting Statement - Cranes and Derricks Operator Qualification Final Rule 11-09-18 Ver2.doc
Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualificatoin