OSHA Unified Agenda - [Proposed Rule Stage]

Title: Cranes and Derricks 

Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR 1926.550), specifically requesting that negotiated rulemaking be used. In 2002 OSHA published a notice of intent to establish a negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus on all issues resulting in a final consensus document. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda 

Agenda Stage of Rulemaking: Proposed Rule Stage 

Major: Yes 

Unfunded Mandates: No 

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333 

Legal Deadline:  None

Statement of Need: There have been considerable technological changes since the consensus standards upon which the 1971 OSHA standard is based were developed. In addition, industry consensus standards for derricks and crawler, truck and locomotive cranes were updated as recently as 2004. The industry indicated that over the past 30 years, considerable changes in both work processes and crane technology have occurred. There are estimated to be 64 to 82 fatalities associated with cranes each year in construction, and a more up-to-date standard would help prevent them.

Summary of the Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 USC 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action and not update the standards in 29 CFR 1926.550 pertaining to cranes and derricks.

Anticipated Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: OSHA’s risk analysis is under development.

Timetable:

Action	Date	FR Cite
Notice of Intent To Establish Negotiated Rulemaking	07/16/2002	67 FR 46612
Comment Period End	09/16/2002
Request for Comments on Proposed Committee Members	02/27/2003	68 FR 9036
Request for Comments Period End	03/31/2003	68 FR 9036
Established Negotiated Rulemaking Committee	06/12/2003	68 FR 35172
Rulemaking Negotiations Completed	07/30/2004
SBREFA Report	10/17/2006
NPRM	08/00/2008

Regulatory Flexibility Analysis Required: Yes 

Government Levels Affected: Undetermined 

Small Entities Affected: Businesses 

Federalism: No 

Included in the Regulatory Plan: Yes 

RIN Data Printed in the FR: Yes 

Agency Contact:
Noah Connell
Acting Director, Directorate of Construction
Department of Labor
Occupational Safety and Health Administration
Room N3468, 200 Constitution Avenue NW., FP Building, Room North 3467,
Washington, DC 20210
Phone:202 693-2020
Fax:202 693-1689