OSHA Instruction STD 3-12.4 February 8, 1982 Office of Compliance Programming

Subject: Overhead and Gantry Cranes, and Derricks--Normal Operating Conditions, 29 CFR 1910.179(e)(6)(i), 29 CFR 1910.179(g)(2)(i), and 29 CFR 1910.181 (j)(1)(i); 29 CFR 1926.550(d)(4) and 29 CFR 1926.550(e)

A. Purpose. This instruction provides an interpretation of the term "normal operating conditions," as applicable to the OSHA crane and derrick standards in general industry and construction.

B. Scope. This instruction applies OSHA-wide.

C. Action. OSHA Regional Administrators/Area Directors shall apply the following interpretation to the term "normal operating conditions" as used in 29 CFR 1910.179(e)(6)(i), .179(g)(2)(i), and .181(j)(1)(i); 29 CFR 1926.550(d)(4) (ANSI B30.2.0.-1967, Chapter 2-1.7.7, paragraph a and Chapter 2-1.9.2, paragraph a) and 29 CFR 1926.550(e) (ANSI B30.61960, Chapter 6-1.6.1, paragraph a).

1. Whenever a crane or derrick is used in its regular production activities such as material handling and loading, and is under the control of its operator rather than under the control of a maintenance worker, it is used in a normal operating condition.

2. Normal operating conditions do not encompass the situation when maintenance is performed on a crane or derrick which is taken out of production and the crane or derrick is under the control of the maintenance worker.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is forwarded to each State designee.

2. Explain the technical content of the change to the State designee as requested.

OSHA Instruction STD 3-12.4 February 8, 1982 Office of Compliance Programming

3. Ensure that the State designees are asked to acknowledge receipt of this Federal program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that state.

4. Review policies, instructions and guidelines issued by the State to determine that this change has been communicated to State program personnel. Routine monitoring activities (accompanied inspections and case file reviews) shall also be used to determine if this change has been implemented in actual performance.

E. Background. In Secretary of Labor v. United States Steel Corporation, OSHRC Docket Nos. 10825 and 10849, (1977) the Occupational Safety and Health Review Com- mission clarified the meaning of the term "normal operating conditions" as used in 29 CFR 1910.179(e) (6)(i), (g)(2)(i), and .181(j)(1)(i) as it applies to cranes and derricks. This insruction provides that OSHA compliance personnel apply the Review Commission's interpretation in inspecting cranes and derricks covered by the General Industry and Construction Standards.

Thorne G. Auchter Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors