On December 2, OSHA announced that it extended the comment period on the agency’s Cranes and Derricks Proposed Rule until January 22, 2009. (73 Fed. Reg. 73197) This proposed rule addresses primary hazards associated with construction cranes and derricks and has received broad support among users of the equipment, labor organizations, crane operator trainers and testers, the insurance industry, and suppliers. Many home builder organizations, however, have opposed the provision dealing with operator certification requirements. Part of the reason why these and other organizations oppose this rule is the lack of entities that are recognized and approved to provide the certification required under this standard. OSHA believes that a four-year phase in period is enough time for additional certification organizations to enter the market, though there is simply no guarantee. Limited competition in the commercial sector will likely cause long waits and high costs for certification.

The proposed rule requires, among other things, that employers determine if the ground is able to support the weight of hoisting equipment and loads to be carried, and assess hazards that could affect the equipment’s safe operation. The proposal also mandates that crane operators be trained and certified.

According to OSHA, the length and complexity of the proposed rule is what necessitated the extended comment period. Any employer interested in commenting on the proposed rule may do so electronically at www.regulations.gov, or may send them by mail to OSHA Docket Office, Docket No. OSHA-2007-0066, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Comments 10 pages or fewer may be submitted via facsimile to 202-693-1648. Contact Jay Sumner of Littler Mendelson’s Governmental Affairs Team if you need more information about this rule, and/or would like assistance in filing comments.