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.

 

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.

 


Mr. Dan Wagester
Siemens Westinghouse Power Corporation
4400 Alafaya Trail
Orlando FL 32826-2399

Re: Rigging equipment for material handling; custom-designed accessories.

Dear Mr. Wagester:

We are writing in response to your fax and letter of February 19, 2002, to the Occupational Safety and Health Administration (OSHA) Regional Offices. Your letter regards a lifting accessory that hooks to a crane and is designed to cradle/support heat transfer modules while being set into place during the field erection of a boiler system. As explained in our March 4, 2002, letter to you, OSHA's Regional Office sent your letter to the National Office. Since the letter addressed a construction standard, and you indicated that your concern relates to field erection, it was forwarded to this office for a reply.

Your letter focuses on §1926.251(a)(4) of OSHA's construction standards, which deals with rigging equipment for material handling, specifically, special custom-design lifting accessories. Under paragraph (a)(4), these lifting accessories are to be marked to indicate safe working loads and proof-tested prior to use to 125 percent of their rated load. You state that the "design/manufacture of the device has established the 'capacity rating' based on design calculations and manufacturing specifications." Your letter posed three interrelated questions regarding §1926.251(a)(4). We have rephrased the questions as follows:

Question (1): Under §1926.251(a)(4), must there be a proof-test at 125 percent of the manufacturer's rated capacity prior to use?

Answer: Yes. The standard specifically requires that custom-design lifting accessories must be marked to indicate the safe working load and proof-tested to 125 percent of their rated load prior to use:

 

Special custom design grabs, hooks, clamps, or other lifting accessories, for such units as modular panels...and similar materials, shall be marked to indicate safe working loads and shall be proof-tested prior to use [emphasis added] to 125 percent of their rated load.

Question (2): Under §1926.251(a)(4), after a proof-test at 125 percent has substantiated the manufacturer's rated capacity, are additional proof-tests required prior to further use?

Answer: No, the standard does not require additional tests prior to each use. However, if the lifting accessory undergoes changes that affect its safe working load, including changes during repair or replacement, it must be again tested and marked according to §1926.251(a)(4) if it is to be used in a construction activity. Note that the language of the standard does not differentiate among custom-design lifting accessories by length of life-cycle.

We addressed these requirements in an interpretation letter to Ron Pancari dated June 14, 2002. The letter explained that under §1926.251(a)(4), if a lifting accessory has been intentionally or inadvertently changed/modified, it essentially becomes a different custom-design lifting accessory. (A copy of the June 14, 2002, letter is enclosed.)

Question (3): Under §1926.251(a)(4), must all custom-design lifting accessories from a single manufacturer be marked with their safe working load and proof-tested at 125 percent of their rated load prior to use?

Answer: The need for this test depends on whether it is a "special custom-designed"> lifting accessory. If the manufacturer mass-produces accessories, which are all of the same design, the standard does not apply to those accessories. If each unit is of a different design, then the marking/proof testing requirement would apply to each one, even though they are from a single manufacturer.

If you need additional information, please do not hesitate to contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Compliance Assistance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,



Russell B. Swanson, Director
Directorate of Construction>

Enclosure