Over the past six months, the industry has seen outreach on standards from the Occupational Safety and Health Administration (OSHA) geared to ensuring safety in the workplace. What standards are currently under review and what can the industry expect with regard to enforcement? In addition to sharing industry statistics and enforcement guidelines, Deputy Director McKenzie will address pending rulings within the Agency, their direct and long range impact on the crane and rigging industry and the highly anticipated amendments to the Cranes and Derricks in Construction standard. Speaker: Dean McKenzie, Director, Directorate of Construction, OSHA

1. Dean McKenzie, Director
Directorate of Construction
Occupational Safety and Health
Administration

2. OSHA Construction Update
• Statistics
• Regulatory Update
• Enforcement
• Criminal Cases
• Crane Incident Investigations

3. The Construction Industry
• 90% of Construction Employers have 20 or less
employees
• The industry typically has very high employment
turnover rates
• Most are multi-employer worksites
• 50.5% of OSHA compliance inspections are
construction (three year average, FY13-15)

4. Workplace Fatality Rates

5. Number & rate of fatal occupational injuries

6. Fatal falls to lower level by height
of fall, 2014

7. Construction Industry Fatalities
Years 2010 2011 2012 2013 2014
Total Fatalities
All
Construction
774 738 806 828 899
Fatality Rates
All
Construction
9.8 9.1 9.9 9.7 9.8

8. Congress Mandated a Penalty Increase
 Effective August 1, 2016
 The top penalty for serious violations will rise
from $7,000 to $12,471
 The maximum penalty for willful or repeated
violations will increase from $70,00 to $124,709
New OSHA Penalties

9.  OSHA’s final construction crane
standard in 2010 relied exclusively
on third-party certification of
crane operators
 After publication, stakeholders in the
crane and construction industries
advised that certification alone is not
sufficient to ensure operator
qualification
Crane Operator Qualification

10. • OSHA working on a draft proposed
standard to address operator “qualification”
and require employers to qualify crane
operators, on target to publish before the
end of 2016
Crane Operator Qualification

11.  Proposed revisions to the final construction
crane standard, include:
• clarifying applicability to multi-purpose
machines and forklifts
• revising requirements for insulating links
and proximity detectors near power lines
• re-considering the feasibility of a
requirement for instruments for stabilizers
on small articulating cranes
Crane Amendments

12.  Settlement agreement with Association of
American Railroads (AAR)
 Settlement requires a new rulemaking
 Railroads have unique equipment
• often rail-mounted
• asked OSHA to tailor rules
Crane Rail Road Amendments

13. Technical Amendments
• A true technical amendments rule is in the
clearance process now.
• Will address technical errors in several
standards including the crane rule.
• These include typos, incorrect references
and similar minor issues.

14. Employers to electronically submit injury and
illness data that they already record
• The new reporting requirements will be phased
in over two years:
• Establishments with 250 or more employees in
industries covered by the recordkeeping
regulation must submit information from their
2016 Form 300A by July 1, 2017. These same
employers will be required to submit information
from all 2017 forms (300A, 300, and 301) by July
1, 2018. Beginning in 2019 and every year
thereafter, the information must be submitted by
March 2

15. New Record Keeping Rule
• Establishments with 20-249 employees in
certain high-risk industries must submit
information from their 2016 Form 300A by
July 1, 2017, and their 2017 Form 300A by
July 1, 2018. Beginning in 2019 and every
year thereafter, the information must be
submitted by March 2.

16. Employers to electronically submit injury
and illness data that they already record
• Anti-retaliation protections
The rule also prohibits employers from
discouraging workers from reporting an injury or
illness. The final rule requires employers to inform
employees of their right to report work-related
injuries and illnesses free from retaliation.
These provisions become effective August 10,
2016, but OSHA has delayed their enforcement
until Nov. 1, 2016 in order to provide outreach to
the regulated community.

17. Report a Fatality or Severe Injury
2
http://www.osha.gov/report.html

18. Crane Letters Of Interpretation
• Gable - [07/28/2016] Application of construction
crane standard when handling precast
components. [1926.1400 ( c) (17)(i)]
• Pilgrim-[07/14/2016] Clarification of OSHA
requirements for dual-rated equipment meeting
consensus standards for both aerial lifts and
cranes. [1926.1400; 1926.453]

19. More New Interps
• Helminiak-[06/27/2016] Clarification of whether
the handling of propane tanks is considered
construction. [1926.1400 ( c) (17)]
• Kosta-[06/23/2016] Whether unloading a pallet
suspended by a crane is considered
construction. [1926.1400 ( c) (17)]
• Henschel-[10/20/2015] Determination of when a
crane was manufactured. [1926.1400;
1926.1416; 1926.1433]

20. Standard Description Total Violation
1926.1402(b) Ground Conditions 27
1926.1408(a)(2) Power line safety (up to 350 KV) 37
1926.1412(d)(1) Inspection 31
1926.1412(e)(1) Monthly Inspection 37
1926.1412(e)(3)(i) Documentation 34
1926.1412(f)(1) Annual/ Comprehensive inspection 79
1926.1417(c)(1) Accessibility of procedures 55
1926.1424(a)(2)(ii) Swing radius hazards 35
1926.1425(c)(3) Qualified rigger 40
1926.1428(a) Signal person qualifications 50
1926.1428(a)(3) Signal person qualifications 36
Top 10 Crane Violations Cited For The last Five Years

21. Criminal Liability
• OSHA’s most common enforcement tool is
the civil penalty. OSHA inspects and
issues violations with a penalty determined
by the number and type of violations
found.
• The OSH Act also contains a few criminal
provisions.

22. Section 11(b) of the Act
• Section 11(b) of the OSH Act allows
OSHA to petition the court for enforcement
of any Final order of the Review
Commission. The Court may decree that
an employer must comply, abate and / or
pay the penalties assessed.
• Failure to do so may result in contempt of
court proceedings, arrest or incarceration.

23. Examples
• Guillermo Perez and Elma Maldonado,
owners of GP roofing found in contempt for
failure to abate and pay penalties. Arrested
by U.S. Marshals, incarcerated for two weeks
until hearing.
• Mike Neri arrested by U.S. Marshals, jailed
for 3 weeks. Released after selling backhoe
and agreeing to get out of the trenching
business.

24. False Statements
• Making false statements to a Federal
Official is illegal and an Attorney General
can prosecute an employer.
– Falsifying evidence
– Fabricating stories
– Intentionally deceiving a Compliance Officer
– Altering physical evidence

25. Examples
• Marcus Borden charged with making false statements
regarding incident at a jobsite in Alabama. Pleads
guilty with 3 years of supervised probation and 30
days community service.
• James McCullagh pleaded guilty to four counts of
making false statements, one count of obstruction of
justice, and one count of willfully violating an
Occupational Safety and Health Administration
(OSHA) regulation causing death to an employee. A
scheduled sentencing hearing is set for March 29,
2016. The defendant was sentenced to 10 months in
prison, one year supervised release, and a $510
special assessment.

26. Other Criminal Issues
• Witness tampering
• Prosecution by local authorities

27. The Next Level
• Manhattan DA manslaughter charges
– Wilmer Cueva – Sky Materials
– Alfonso Prestia – Harco Construction
• Philadelphia murder charges,
Update: The Philadelphia District Attorney’s Office
(DAO) on Jan. 8 announced that Griffin Campbell
was sentenced to 15–30 years in prison and Sean
Benschop was sentenced to 7 1/2-15 years in
prison for the death of six people and injury to 14
others in the June 5, 2013, Market Street Salvation
Army building collapse.

28. Recent Collapses Investigated by DOC
 February 5, 2016, Crawler crane collapse
on Worth Street in Manhattan, NYC
 February 19, 2016 Crane collapse in Ohio
River near Prospect, KY
 January 10, 2015, Mobile crane
overturning in Brick Township, NJ
 September 7, 2011, Mobile crane
collapse at the national cathedral site in
Washington, DC
28

29. February 5, 2016 Crane Collapse in
Manhattan
Crane Collapse at 40 Worth Street, New York, NY

30. February 5, 2016 Crane Collapse in
Manhattan
Crane Collapse at 40 Worth Street, New York, NY

31. February 19, 2016 Crane Collapse
in Ohio River near Prospect, KY

32. February 19, 2016 Crane Collapse in
Ohio River near Prospect, KY
• The Manitowoc 4100W Ringer Series 3 crane was
located on a 120´ × 100´ raft barge near the
Kentucky shore of the Ohio River.
• At the time of the incident, the crane had a 280´
long boom and a 130´ long mast.
• The boom of the crane anchored on a barge
collapsed.
• The anemometer of the crane was broken.
• The crane was used outside of the operating radius
parameters specified in the load chart
• The crane was operating in wind speeds exceeding
recommended levels in the Operator’s Manual.

33. January 10, 2015, Mobile crane
overturning in Brick Township, NJ
175-ton 1996 Grove, GMK 5160, mobile hydraulic boom crane
overturned on the north-bound New Jersey Garden State Parkway.

34. January 10, 2015, Mobile crane
overturning in Brick Township, NJ
• The crane had been in use for driving piles.
The crane's boom malfunctioned and the
boom was stuck in a nearly vertical position.
• At the time of the incident, the operator and
technician were trying to fix the crane.
Operator was slewing the crane with the
boom vertical when the crane overturned.

35. More
• The outriggers were not adequately
supported on the ground during the crane
set up on the roadway shoulder. The
contractor failed to follow the
manufacturer’s instructions in setting up
the crane.
• The overturning occurred due to the
settlement and yielding of the ground
under excessive pressure from the
outriggers.

36. Investigation Reports Webpage
• Selected Investigation reports are posted in the Public Website.
http://www.osha.gov/doc/engineering/EXengrptsr.html
• Helps Construction Industry, Academia and OSHA Enforcement
to identify construction problems.
Accessed by
Academia
Construction
Industry
OSHA
Enforcement

37. Resources
• OSHA Construction page:
http://www.osha.gov/doc/index.html
• National Safety Stand-Down page:
http://www.osha.gov/StopFallsStandDow
n/index.html
• OSHA Rulemaking page:
https://www.osha.gov/OSHA_FlowChart.
pdf

38. Questions?