OSHA is updating the agency’s standard
for cranes and derricks in construction by clarifying each
employer’s 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 operator’s name, the evaluator’s 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 operator’s employment.
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
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 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. 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 Agency’s 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