OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
June 28, 1993
Mr. Gary Waters
Federal Certification, Inc.
P.O. Box 110382
Hialeah, Florida 33010
Dear Mr. Waters:
This is in response to your March 1 letter requesting clarification on the applicability to construction cranes of certain ANSI standards that are referenced in the Occupational Safety and Health Administration (OSHA) construction regulations. I apologize for the delay in responding to your inquiry.
Your inquiry was whether or not a more recent ANSI standard can be cited by OSHA when the applicable OSHA standard references an earlier version of the ANSI standard. Please be advised that there is no automatic adoption of the later standard by OSHA. However, employers not only must comply with specific OSHA standards but also have an obligation under the general duty clause of the Act, Section 5(a)(1). The general duty clause may be cited when a particular hazard is not addressed by any standard or when the OSHA standard is known to be insufficiently protective. If OSHA issued a citation for lack of a boom length or angle indicator, the ANSI requirements would likely be part of our evidentiary showing that a recognized hazard exists and that boom length and angle indicators are appropriate means to eliminate or reduce the hazard.
If we can be of any further assistance, please contact [the Directorate of Construction at 202 693-2020].
Sincerely,
Roy F. Gurnham, Esq., P.E. Director
[Directorate of Construction]
[Corrected 10/22/2004]
March 1, 1993
Mr. Roger Clark Director,
Directorate of Compliance Program
200 Constitution Ave. N.W.
Room N-3468
RE: Crane for Construction; Standards Interpretation
Dear Mr. Clark:
I hope you can help to clarify some confusion on my part concerning the applicability of ANSI standards relating to cranes used in the construction industry.
As 29 CFR 1926.550(b)(2) specifically incorporates ANSI B30.5- 1968 standards, can more current ANSI standards be applied?
For example, ANSI B30.5-1968, nor PCSA Mobile Hydraulic Crane Standard No. 2 (incorporated in 29 CFR 1926.550(a)(17)), require boom length indicators to be provided on cranes with telescoping booms. However, ANSI B30.5-1989 does require such an indicator, if the load ratings are based on boom length.
My question is, can the crane user be cited for not providing a boom length indicator? And also, if the crane was not originally so equipped, must it be retro-fitted?
Another example would be the requirement for a boom angle indicator, whereby ANSI B30.5 1968, states an indicator should be provided, and ANSI B30.5-1989 says an indicator shall be provided.
I realize that common sense would indicate that both should be provided, but it would be helpful to have a definitive interpretation from your office, as I am engaged in teaching crane safety under OSHA's "Operation Out-reach" program.
If you need more information, or if I can be of help in any way, please feel free to call me at (305) 434-7265.
Sincerely,
Gary Waters