Back in the year 2010 the Occupational Safety and Health Administration (OSHA) implemented a rule outlining new regulations for the certification of crane operators. The new regulations stemmed from a high rate of accidents and fatalities related to crane operation in the construction industry. Since the new OSHA standards were released much has transpired regarding some specifics of the rule and the impact on both employers and employees in the construction business. This article will explain the rule, the changes, and the implications for employers.
2010 OSHA Crane Operator Certification Standard: The Basics
OSHA released a final rule in 2010 regarding operator qualification and certification for Cranes and Derricks in construction.
The OSHA rule is quite lengthy but essentially these were the three main points for debate:
- It requires employers to ensure that crane operators are certified by an approved entity before operating a crane
- It states that once an operator passes a certification course, they are “deemed qualified” to operate a crane thus replacing the employers duty to ensure that crane operators are competent and well trained
- It states that operator certifications are to be based on crane load capacity (multiple certifications would be required for each type of crane; 50 ton, 100 ton, 200 ton, etc.)
Initially, the rule passed down by OSHA would require all operators to be certified by November 2014.
The rule stems from a litany of accidents and fatalities in the industry surrounding the operation of cranes. Cranes pose a significant danger to employees and OSHA has estimated that 89 workers per year are killed in crane-related accidents.
Specifically, crane-related injuries and fatalities have been caused by:
- Being crushed by the equipment
- Being struck by the equipment or a load
Rule Appeal and Certification Extension
Industry professionals universally recognize the need for improved training and certification processes regarding crane operation, but after the final rule from OSHA was released it was received with much criticism.
A coalition of experts and industry stakeholders called out OSHA on two main points:
- Although necessary, third party certifications alone were insufficient in guaranteeing operator safety and should not replace the employers’ duty to ensure that operators are trained and competent.
- Requiring multiple certifications based on the load rating of the crane did not provide any significant safety benefit and would cause an undue financial burden on both employers and employees.
In response to these concerns, OSHA has made changes to the rule. Specifically, they have done two things:
Issued an extension of compliance: The new deadline for employers to ensure that all crane operators are certified has been extended to November 10, 2017.
Revised the crane operator certification standards: OSHA has removed the mandate requiring multiple certifications based on load capacity, and they have reworded the text surrounding “deemed qualified” to put qualification responsibilities back on the employer.
OSHA didn’t quite get it right the first time, but they listened to the feedback from experts in the industry and made changes to make the rule better. Safety in the construction industry is paramount. This new rule regarding crane operation will save lives, cut down on injuries, and keep employees safer. For employers it will keep qualified operators on the job longer, reduce the amount of workers’ comp. claims, and lower operating costs. It’s a win all around.
At Sinclair, we are committed to helping you keep your team safe, reduce risks, and save money. Our construction specialists work with clients of all shapes and sizes and fully understand the diversity of the industry. Get in touch with us today to see what we can do for your operation.
Risk Management Consultant