OSHA is now enforcing the requirement that employers must evaluate the competency of their operators before allowing them to operate cranes independently. The agency will offer compliance assistance until April 15 for those employers who have evaluated operators in accordance with the final rule and are making good faith efforts to comply with the new documentation requirement. See agency’s enforcement guidance below.
The Cranes and Derricks in Construction: Operator Qualifications final rule published on November 8, 2018, requires employers to document their evaluation of their crane operators (see 29 CFR 1926.1427(f)(6)). To provide more time for employer compliance with new evaluation and documentation requirements, OSHA already made the effective date February 7, 2019. While OSHA will be fully enforcing the requirement that employers must evaluate their operators before allowing them to operate cranes independently, this memorandum provides guidance on the enforcement of the documentation requirement.
OSHA has received feedback from the construction industry indicating some employers may need more time to document evaluations of crane operators prior to the February 7, 2019, effective date. During the first 60 days of enforcement (until April 15, 2019), OSHA will evaluate good faith efforts taken by employers in their attempt to meet the new documentation requirements for operators of cranes used in construction. During this period, OSHA intends to offer compliance assistance, in lieu of enforcement, for those employers who have evaluated operators in accord with the final rule and are making good faith efforts to comply with the new documentation requirement. If, upon inspection, it is determined that an employer has failed to make sufficient efforts to comply, OSHA should cite for that deficiency.
Please consult the National Office DOC before issuing any proposed citations arising during this time period that are related to documenting crane operator evaluations. Beginning April 15, 2019, OSHA will fully enforce all applicable provisions of the final rule.
For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.