Earlier this year, OSHA published a Notice of Proposed Rulemaking on crane operator certification and employer evaluation. How will this impact current and future certifications? What has become of the November 2018 deadline? What will be required from employers to evaluate their operators? Hear from two industry experts on the key implications to industry of this important development in the federal regulation of crane operations. Speakers: Graham Brent, CEO, NCCCO and Thom Sicklesteel, General Manager USA, Leavitt Cranes

1. What’s New With OSHA
Crane Operator Certification?
SC&RA Crane & Rigging Workshop, September 26, 2018
Louisville, Kentucky
Graham Brent, CEO, NCCCO
Thom Sicklesteel, General Manager USA, Leavitt Cranes
What Employers and Operators Need to Know

2. What is 29 CFR 1926 Subpart CC?
• Occupational safety and health rules for construction crane
operations.
• “This standard applies to power-operated equipment, when
used in construction that can hoist, lower and horizontally
move a suspended load.” [OSHA 1926.1400(a)]
Includes
• Mobile Cranes
• Tower Cranes
• Articulating Cranes*
• Service Truck Cranes*
• Digger Derricks*
• Dedicated Pile Drivers
• Self-Erecting Cranes
• Overhead Cranes*
• Multi-Purpose Equipment*
• Others (many)
* Specific exclusions apply

3. 29 CFR 1926 Subpart CC
• 1926.1400 Scope
• 1926.1401 Definitions
• 1926.1402 Ground Conditions
• 1926.1403-1406 Assembly/Disassembly
• 1926.1407-1411 Power Line Safety
• 1926.1412 Inspections
• 1926.1413-1414 Wire Rope
• 1926.1415-16 Safety Devices/Operational Aids
• 1926.1417-1418 Operation
• 1926.1419-22 Signals
• 1926.1423 Fall Protection
• 1926.1424 Work Area Control
• 1926.1425 Keeping Clear of the Load
• 1926.1426 Free Fall and Controlled Load Lowering
• 1926.1427 Operator Qualifications and Certification
• 1296.1428 Signal Person Qualifications
• 1926.1429 Qualifications of Maintenance & Repair Employees
• 1926.1430 Training
• 1926.1431 Hoisting Personnel
• 1926.1432 Multiple Crane Lifts
• 1926.1433 Design, Construction and Testing
• 1926.1434 Equipment Modifications
• 1926.1435-1442 Tower Cranes, Derricks, Floating Cranes, Overhead Cranes, Pile Drivers,
Sideboom Cranes, Equipment </=2,000lbs capacity, Severability

4. 4
Why the Need for Qualifications?
• Reducing accidents, injuries, saving lives
• Crane studies: Ontario, California, Haag Engineering
• 22 fatalities, 175 injuries annually (OSHA estimate)
• $209M in savings
• $51M liability insurance costs
• Untold savings in avoiding
– project delays
– property damage
– lost productivity

5. 5
A Brief History of OSHA 1926
Subpart CC Rulemaking
• 1992 Advanced Notice of Proposed Rulemaking
• 2003-4 Cranes & Derricks Advisory Committee (C-DAC)
• 2008, October: Proposed Rule Published
• 2010, August: Final Rule Published
• 2010, November: Effective Date for Most Provisions
• 2014, November: Original Effective Date of Certification
Requirement
– Extension #1 (3 Years to November 2017)
– Extension #2 (1 Year to November 2018)
• 2018, May: Proposed Rule Published . . . Why?

6. 6
Why the Need for Change?
1926.1427(b)(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

7. 7
Why the Need for Change?
• Certification based on type and capacity
– Fiscal impact
– Equipment availability
– Additional testing
• “Deemed Qualified” by virtue of certification
misrepresents certification
– Certification ≠ Qualification!
– It’s a “Tool in the toolbox”
– Does an employer have responsibilities beyond
certification?
• “Only way to make changes is through rulemaking.”

8. Coalition for Crane Operator Safety (CCOS)
8
• Dialogue with Directorate of Construction and
provide guidance
• Inform Department of Labor of issues to help keep
pressure on OSHA
• Outreach to Congress through
oversight/appropriations to influence OSHA office

9. 9
OSHA Publishes Proposed Rule
• May 21, 2018: Proposed Rule Published
– 36 Pages (Federal Register)
– Preamble (33 pages)
– Proposed revision text (3 pages)
• June 20, 2018: Public Comments Due (extended to
July 5)
• No hearings requested
• November 10, 2018 (45 days from now): Still the
Effective Date of the Operator Certification
Requirement as written

10. 10
Proposed Changes
• Removes “Capacity” as a requirement for
certification categories
• Adds new employer Evaluation process
• Establishes new requirements for
“Evaluators”
• Modifies existing requirements for
“trainers”(aka “supervisors”) of operators-in-
training

11. 11
“Capacity” Requirement Removed
• Certification categories limited by capacity is
no longer a requirement
– “Type” remains as sole requirement for
certification categories
– “Capacity” now optional for certification bodies
• OSHA even considering removing capacity
option completely, to avoid confusion

12. 12
Cost Savings of Removing Capacity
• “OSHA estimates a large one-time cost savings of
$25,560,840 from dropping the requirement that crane
operators be certified by capacity because that change
would eliminate the need for a very large number of
operators to get an additional certification.”
• “OSHA also estimates that a small number of ongoing annual
certifications due to an operator moving to a higher
capacity crane would also no longer be needed, producing
an additional annual cost savings of $414,172.”
• Could amount to annual cost savings of $2,468,595.

13. 13
No Rationale to Certify by Capacity
“OSHA is unaware of any direct
evidence establishing a safety
benefit for requiring certification
by capacity.”

14. Evaluation and Certification
How do they work together?
• Certification + Evaluation = Qualification
• If operator has not been certified AND
evaluated, they are an
“Operator-in-Training”
14

15. Operator-in-Training
• Operators-in-Training cannot operate
without supervision
• Must be monitored by a trainer/supervisor
who meets established criteria
– New criteria proposed
• Cannot perform certain operations, such as:
– Personnel hoisting
– Operations near energized power lines
– Multi-crane lifts
15

16. Revised Trainer Qualifications
• Currently: Individuals who supervise
Operators-in-Training must either be
certified or have passed the written portion
of a certification program
• Proposed Rule removes this requirement
16

17. Revised Trainer Qualifications
• Proposed: Must have the knowledge,
training, and experience necessary to
direct operators-in-training on the
equipment in use
• No other formal criteria
17

18. New Evaluator Qualifications
• Evaluations must be conducted by
individuals with the knowledge, training,
and experience necessary to assess
equipment operators
• Evaluator name and signature required on
operator evaluation documentation
18

19. New Evaluator Qualifications
• “…knowledge, training, and experience
necessary to assess equipment
operators.”
• Assessment
– Is a specific skill
– Not necessarily same as ability to provide
training
19

20. Employer Evaluation Required
• Employer must evaluate operator
– Skills
– Knowledge
– Judgment
– Ability to perform assigned hoisting work
20

21. Employer Evaluation Required
“Judgment”
• Not previously used to define requirements
for crane operators
• Not commonly used in other OSHA
requirements/criteria
– Qualified Person
– Competent Person
21

22. Evaluation Documentation
• Evaluations must be documented, and
include:
– Operator’s name
– Date of evaluation
– Make, model, configuration of equipment used
in evaluation
– Evaluator’s name and signature
• Documentation required to be available at
worksite
22

23. Employer Evaluation Required
• Evaluation is to be specific to the equipment
However
• Employer has discretion to allow operator to
operate other equipment, so long as it does
not require “substantially different” skills,
knowledge or judgment
23

24. Employer Evaluation Required
“Substantially Different”
• Term not previously used in crane standard
• Up to employer to “demonstrate” when this
applies
24

25. Employer Re-Evaluation Required
• Employer required to re-evaluate operator
when performance or evaluation of
knowledge indicates retraining is necessary
• Examples might be:
– Incidents
– Near-miss
– Misinterpreting signals
– Not understanding load chart
25

26. Impact on CCO Certificants
No Change to CCO Certifications
• Existing CCO certifications will be unaffected
by the language in the proposed rule
• If you are not yet certified (holding back
until OSHA’s position is clear . . . )
26

27. 27
Don’t Wait Any Longer!

28. Impact on Employers
• Ensure your operators are certified
– Certification deadline will arrive soon
– “Don’t Wait” Program
• Consider evaluating operators on the
equipment they use and operations they
engage in
– Document the evaluation
– Have it available at worksite
28

29. Impact on Employers
• Don’t wait to evaluate
– Regardless of actual effective date, OSHA plans
to implement evaluation requirements “as soon
as possible” after rule becomes final
• Ensure your Evaluator(s) meets OSHA
criteria
• Must ensure personnel supervising
Operators-in-Training meet OSHA criteria
• Must pay for certification (clarification)
29

30. Meeting the Deadline
• “We’re on track to publish before the
November 10 deadline.”
• But what if OSHA can’t complete rulemaking by
November 10, 2018?
– Could issue a “no enforcement” memo
– OSHA requested a further six-month extension,
so . . .
• New deadline could be April 10, 2019
30

31. What Will the Final Rule Look Like?
• Who Responded?
– Comments to OSHA Docket: 1,200
– One Association responsible for 90%+
• Form letter generated by National Propane Gas
Association (NPGA)
– 60 other comments submitted:
• 24 Industry Associations
• 3 Certification Bodies
• 2 Accrediting Bodies
31

32. Industry Associations Respond
32
American Road and Transport Builders
Association (ARTBA)
American Fuel & Petrochemical
Manufacturers (AFPM)
American Petroleum Institute (API)
American Public Power Association (APA)
American Society of Safety Professionals
(ASSP)
Associated Builders and Contractors
(ABC)
Associated General Contractors (AGC)
Coalition for Crane Operator Safety
(CCOS)
Edison Electric Institute (EEI)
International Sign Association (ISA)
International Union of Operating
Engineers (IUOE)
National Council of Farmer Cooperatives (NCFC)
National Demolition Association (NDA)
National Association of Home Builders (NAHB)
National Lumber and Building Material Dealers
Association (NLBMDA)
National Precast Concrete Association (NPCA)
National Propane Gas Association (NPGA)
National Roofing Contractors Association (NRCA)
National Rural Electric Cooperative (NREC)
National Safety Council (NSC)
North American Building Trades Union (NABTU)
Specialized Carriers and Rigging Association
(SC&RA)

33. Main Issues Scorecard
Pro Con
Complete removal of capacity 7 4
Employer evaluation as written 7 7
Trainers to be certified 2 5
Remove recertification 2 5
Six-month extension 5 5
33

34. Even When It’s Over – It’s Not!
• “Most Similar” Provision
– Crane Type Advisory Group (CTAG)
– National Database of Determinations
– cranetype@nccco.org
• “Substantially Different” Provision (proposed)
• Certification “shopping”
– VCO Online at www.verifycco.org
• “Bad Actors”
– Integrity Hotline:
• programintegrity@nccco.org
• Program Integrity Hotline: 1-833-30-NCCCO
• Practical Examiner “migration”
34

35. More Information
• Exhibit Center, SC&RA Workshop, Thursday,
September 27, 11:30am
• http://www.nccco.org/general/oshas-crane-rule
• Third Annual Industry Forum on Personnel
Qualifications, Wednesday October 3, 2018, 1:30pm,
Maritime Institute (BWI Airport), Baltimore, MD
• Graham Brent, CEO, NCCCO, gbrent@nccco.org
• Matthew Shaw, Regulatory Affairs Coordinator,
mshaw@nccco.org
• Thom Sicklesteel, General Manager USA, Leavitt Cranes,
thoms@leavittcranes.com
35

36. Thank You.
Questions?
SC&RA Crane & Rigging Workshop, September 26, 2018
Louisville, Kentucky