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.

October 20, 2015

Kira Henschel
Secretary
Power Crane Shovel Association
Crane Technical Committee
Association of Equipment Manufacturers
6737 West Washington Street, Suite 2400
Milwaukee, Wisconsin 53214-5647

Dear Ms. Henschel:

Thank you for your September 22, 2011 letter to the Occupational Safety and Health Administration’s (“OSHA”) Directorate of Construction (“DOC”), as well as your additional electronic and telephonic correspondence with DOC staff. We apologize for the delay in our reply. Your correspondence on behalf of the Power Crane and Shovel Association, Crane Technical Committee (a Bureau of the Association of Equipment Manufacturers) asks a specific question relating to how OSHA determines on what date a product was “manufactured” as the term is used throughout Agency standards including those for cranes and derricks in construction.

Question: Numerous OSHA provisions, including several in Cranes and Derricks in Construction, apply depending on what date (when) a product was manufactured; how will OSHA determine when a product was “manufactured” for purposes of enforcing date-sensitive requirements for Cranes and Derricks in Construction?

Response:
For requirements specific to when a product covered by the Cranes and Derricks in Construction standard is manufactured, OSHA will rely on the product’s manufacturer to identify the date of manufacture. Whether the product bears labeling that includes date of manufacture, is stamped with a code that includes the information, or simply has a manufacturer’s number which links to manufacture date information, the Agency relies on the manufacturer to accurately identify when its products are manufactured.

It appears from correspondence with the Crane Technical Committee that generally accepted accounting principles continue to guide crane/derrick manufacturers. For instance “when a crane/derrick has been manufactured” is based on the date the product moved into the manufacturer’s finished goods inventory. (The Agency sees no reason to deviate from this well-established manufacturers’ practice.)

Thank you for your interest in occupational safety and health.  We hope you find this information helpful.  OSHA’s requirements are set by statute, standards, and regulations.  Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances.  This letter constitutes OSHA’s interpretation of the requirements discussed.  From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA’s website at http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Construction at (202) 693-2020.

Sincerely,

James G. Maddux, Director
Directorate of Construction