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DOL/OSHA RIN: 1218-AC01 Publication ID: Spring 2010 
Title: Cranes and Derricks in Construction 
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. A Notice of Proposed Rulemaking (NPRM) was published on October 9, 2008. The comment period for the NPRM was extended and closed January 22, 2009. A public hearing was held on March 20, 2009. The final rule is scheduled to be published in July 2010. 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 29 CFR 1926 
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 89 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 U.S.C. 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  10/09/2008  73 FR 59714 
NPRM Comment Period Extended  12/02/2008  73 FR 73197 
NPRM Comment Period End  01/22/2009   
Public Hearing   03/20/2009   
Close Record  06/18/2009   
Final Rule  07/00/2010   
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:
Ben Bare
Acting Director, Directorate of Construction
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3468,
Washington, DC 20210
Phone:202 693-2020
Fax:202 693-1689

 
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