March 13, 2012

Curtis Imerman
Manager - Product Safety
Link-Belt Construction Equipment Company
2651 Palumbo Drive
P.O. Box 13600
Lexington, KY 40583-3600

Dear Mr. Imerman:

Thank you for your August 23, 2010 letter to the Occupational Safety and Health Administration (OSHA). Because your letter involves construction issues, it has been forwarded to the Directorate of Construction (DOC) for response. We apologize for the delay in our reply. Your letter and subsequent discussions with DOC staff raise specific questions regarding OSHA's standard for cranes and derricks in construction and a general question about OSHA training. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any question not delineated in your original correspondence.

Question 1: Does labeling or marking of outrigger beams meet the outrigger beam sensing/monitoring requirement of 29 CFR §1926.1416(e)(5)(i)?

Response 1: No. Section 1926.1416(e)(5)(i) provides:

§1926.1416 Operational aids.
* * *
(5) The following devices are required on equipment manufactured after November 8, 2011:

(i) Outrigger/stabilizer position (horizontal beam extension) sensor/monitor if the equipment has outriggers or stabilizers. Temporary alternative measures: The operator must verify that the position of the outriggers or stabilizers is correct (in accordance with manufacturer procedures) before beginning operations requiring outrigger or stabilizer deployment.

Section 1926.1416(e)(5)(i) is designed to help operators set the outriggers or stabilizers properly by requiring that the equipment have a sensor/monitor that will enable the operator, while at the controls of the equipment, to determine whether the outriggers or stabilizers are extended appropriately. Labeling or marking the outrigger beams does not provide the same degree of assistance to the operator.

Question 2: Does §1926.1416(e)(5)(i) require a device that automatically prevents operation of the equipment if the outriggers are not properly deployed?

Response 2: No. The type of device that is required is discussed in Response 1.

Question 3: A hoist drum rotation indicator is required by §1926.1416(e)(5)(ii) on equipment manufactured after November 8, 2011 if the equipment has a hoist drum that is not visible from the operator's station. By definition (§1926.1401), a drum rotation indicator is a device that indicates the direction and relative speed of rotation of a drum. Is §1926.1416(e)(5)(ii) satisfied by a joystick controller that (1) indicates the direction of rotation by markings on the controller showing whether the load is being hoisted or lowered; and (2) indicates the speed of rotation by a device on the joystick where the operator can place his/her thumb and which vibrates at a frequency proportional to the speed of the drum?

Response 3: No. As discussed below, a device with the characteristics you have described would not comply with §1926.1416(e)(5)(ii) because it does not indicate the direction of rotation.

Section 1926.1416(e)(5)(ii) reads as follows:

§1926.1416 Operational aids.
* * *
(e) Category II operational aids and alternative measures.
* * *
(5) The following devices are required on equipment manufactured after November 8, 2011:
* * *
(ii) Hoist drum rotation indicator if the equipment has a hoist drum not visible from the operator's station. Temporary alternative measures: Mark the drum to indicate the rotation of the drum. In addition, install mirrors or remote video cameras and displays if necessary for the operator to see the mark.

"Drum rotation indicator" is defined in §1926.1401 as: "a device on a crane or hoist which indicates in which direction and at what relative speed a particular hoist drum is turning." (Emphasis added).

Section 1926.1416(e)(5)(ii) requires a hoist drum rotation indicator when a particular hoist drum is not visible from the operator's station. When the operator can see the hoist drum, the operator can see the direction and speed of rotation of the drum. Section 1926.1416(e)(5)(ii) seeks to ensure that the operator is informed of the direction and speed of rotation when he/she cannot see the drum.

The device you have described does not tell the operator the direction of rotation. The position of the joystick tells the operator the direction he/she intends the drum to turn, but can provide false information when there is unintended movement of the drum, as might occur in the event of an equipment or operational malfunction that causes the drum to turn in the opposite direction intended by the operator. A compliant indicator must convey the actual direction and speed of rotation of the drum.

Question 4: Would a hoist drum rotation indicator that shuts off at high rotation speed, such as when the load line hoist is in free fall, comply with §1926.1416(e)(5)(ii)?

Response 4: No. As indicated in response 3, the purpose of the indicator is to inform the operator of the drum's direction and speed of rotation at all times.

Question 5: As an original equipment manufacturer (OEM) of lattice boom and telescopic boom cranes, our company provides technical assistance to the end users of our cranes by demonstrating the features of the equipment when the equipment is first delivered. Must a company representative who demonstrates the features of a crane be a certified crane operator under 29 CFR §1926.1427?

Response 5: Whether an individual who demonstrates the features of a crane on a construction site must be certified under §1926.1427(a) depends on whether the individual is operating the equipment during the demonstration. Section 1926.1427(a) reads as follows:

§1926.1427. Operator qualification and certification.

(a) The employer must ensure that, prior to operating any equipment covered under subpart CC, the person is operating the equipment during a training period in accordance with paragraph (f) of this section, or the operator is qualified or certified to operate the equipment ....

Subpart CC only applies to equipment used in construction work. Once a crane has been delivered to a construction site, operation of the crane on that site must comply with subpart CC to avoid exposing workers on the site (including the crane operator) to potential hazards associated with use of the crane. To help prevent such hazards, an individual who operates the crane must be qualified or certified in accordance with §1926.1427. OSHA considers an individual to be operating the crane if that individual is manipulating the controls of the equipment and thereby controlling the movement of the crane or its components, such as booming up or down or swinging the boom. If your representative controls the crane's movement while demonstrating its features, he or she must be qualified or certified under §1926.1427. However, if your representative only points out the various controls and explains how they function, he or she would not be operating the crane and would not need to be qualified or certified. If the site of the demonstration is not a construction site, your representative would not need certification under subpart CC even if he/she operates the crane during the demonstration.

Question 6: Are OEM representatives required to take the OSHA 10-Hour Training Course?

Response 6: No. The training courses (including the 10-hour course) offered under OSHA's Outreach Training Program are not required by OSHA, but are recommended for acquainting your employees with construction hazards. However, as an OEM with employees nationwide, you should be aware that some states require certain workers in those states to complete such courses.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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 http://www.osha.gov. If you have any further questions, please feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,



James G. Maddux, Director
Directorate of Construction