CAMILLE CURRY-THEIS, Project Manager, Mahaffey Fabric Structures
OSHA's amended crane operator qualification requirements, which went into effect earlier this year, left some employers scrambling to meet the new compliance standards. Just over six months into full enforcement, here is a closer look at industry perspectives on whether the final rule will make jobsites safer.
To recap, in addition to obtaining certification, OSHA now requires operators to complete two more parts of the qualification process: training and employer evaluation. Additionally, employers must document the evaluations. OSHA's training and evaluation requirements went into effect in February. In response to employers' requests for more time to update personnel records to comply with the new standards, OSHA delayed fully enforcing the final rule until April.
As safety goes, the new requirements are a major win. According to the Bureau of Labor Statistics, 220 crane-related deaths occurred from 2011 to 2015. While OSHA's now-sunsetted 2010 standard focused primarily on pre-certification training, it lacked specific emphasis on the post-certification training and retraining necessary to operate new equipment or to perform new tasks.
The new rule specifically defines qualification as completion of three steps: "Each operator must be trained to do the crane activities that will be performed, be certified/ licensed ⦠and be evaluated on his or her competence to safely operate the equipment." Considering crane operators commonly work as subcontractors and frequently transition from jobsite to jobsite, it's no surprise OSHA believes permanently establishing the employer's obligation to evaluate crane operators' competency is critical to ensuring safety on worksites.
Of course, the new guidelines haven't come without criticism. During the public comment period prior to the final rule going into effect, several organizations requested the certification requirement be removed, leaving only employer-provided training and evaluation requirements. After all, critics argued, if certification doesn't equal qualification, why require it?
According to OSHA, employer evaluation should be considered "an addition to certification, not an alternative to certification, because those provisions are intended to work in tandem" to enhance safety and competency on the jobsite.
This makes a great deal of sense when you consider certification is similar to obtaining a Class C driver's license. During a driving exam, you may pass a test on basic competencies, but no one takes you onto icy roads to prove you are qualified to drive in extreme conditions. According to OSHA, "Certification provides an independent assessment of general baseline knowledge and skill, and the employer evaluation focuses on specific knowledge and skills needed for the safe operation of particular equipment for particular tasks."
Most contractors responding to the proposed rule's open comment period seemed to agree. The International Union of Operating Engineers Local 49 in Minneapolis commented certification is an "invaluable, standardized means to screen out operators who lack essential abilities such as hand-eye coordination, depth perception and the ability to control the load. The record shows that certification has dramatically improved safety in the states, such as California, that require it."
California is indeed a strong case study for such requirements. It was reported to the National Commission for the Certification of Crane Operators that California has seen a significant drop in crane-related fatalities since certification regulations for mobile and tower crane operators were introduced in 2005.
OSHA also requested specific comments on whether the requirement for an operator to recertify every five years should be retained. The majority of public comments on the ruling were in favor of the five-year requirement.
The final rule is without a doubt a big step for crane-operator safety. But will the updated regulation ultimately make jobsites safer? Time will certainly tell. In the meantime, how are the new requirements affecting your business? Please email or comment to share your experience or outlook.
For more information, call Camille Curry-Theis at (832) 459-0055 or email her at Camille@MahaffeyUSA.com.
