Leading Construction Groups Form Coalition Calling For
OSHA to Correct and Reissue Long-Awaited Crane Operator Certification
Requirements
Coalition for Crane Operator Safety, which Includes Both
Labor & Management Orgs., Says Lack of Effective Requirements is
Jeopardizing Jobsite Safety, Hindering Construction Industry
Progress, and Creating Compliance Issues; Calls for OSHA
to Rescind Two Unnecessary
Provisions
WASHINGTON, D.C. (October 30, 2014) – Ten of the nation’s
leading construction industry organizations today launched the Coalition for
Crane Operator Safety (CCOS) – a group dedicated to ensuring the swift revision
and finalization of the crane operator certification requirements within the
Occupational Safety and Health Administration’s (OSHA) Cranes & Derricks in
Construction Standard, which has been more than two decades in the making. CCOS
is working with members of Congress and the Administration to ensure that crane
operator certification requirements in the Standard are amended and finalized
in a way that provides the highest degree of safety for the construction
industry and the public.
CCOS – whose membership includes labor, management,
equipment manufacturing, insurance
underwriters and accredited certification organizations –
is specifically calling for OSHA to rescind the crane capacity certification requirement,
as well as a provision that essentially equates employer certification with
qualification.
OSHA’s final requirements, published in 2010, contained
these two provisions, which the industry argues are counterproductive and a
misinterpretation of the intent of OSHA’s Cranes and Derricks Advisory
Committee (C-DAC) – a group of 23 construction industry leaders commissioned by
OSHA to develop a consensus document that formed the basis of the rule.
"The uncertainty and delay around the new crane
operator certification requirements jeopardizes the safety of construction
workers and the general public," said James T. Callahan, general president
of the International Union of Operating Engineers, a member of CCOS. "It’s
essential that OSHA gets it right, but we believe they can revise, correct, and
re-issue the new certification regulation well ahead of the November 2017
extension date.”
Since all but one of the 42 sections in the 2010 Standard
have been agreed upon and enacted, the
industry is now waiting on OSHA to correct the two
ineffectual provisions and present clear and
effective certification requirements.
“Our primary issue with OSHA’s position on these matters
is that it ignores the intent of C-DAC while adopting a literal interpretation
of the language of the rule which, in some cases, was inserted by OSHA Coalition
for Crane Operator Safety (CCOS)
Ensuring Clear & Effective OSHA Crane Operator
Certification Requirements after C-DAC had completed and submitted its draft
document,” said Bill Smith, executive vice president of NationsBuilders
Insurance Services, Inc., CCOS member, and former C-DAC representative. “For
the record, it was never the intent of C-DAC that crane operator certification
should be according to the capacity of the crane, nor was it ever the intent of
C-DAC to imply that crane operator certification was equal to qualification.”
Requiring certified crane operators to be retested on a higher capacity crane of the same type does not advance safety and imposes tremendous financial burdens on employers and individual crane operators.
This means that an operator certified to operate a
100-ton crane would not be permitted to operate a 200-ton crane of the same
type, despite wide consensus in the industry that certification based on capacity
is unnecessary and burdensome.
“Adjudicating operator certification requirements based
on capacity would add significant new
complexity for employers and their employees without
yielding any discernible improvement in safety,” said Stephen Sandherr, chief
executive officer of The Associated General Contractors of America (AGC), also
a CCOS member. “As significant, no national safety study has found any
additional safety benefits beyond certification by type, and OSHA has not
analyzed the costs, benefits or other consequences of certification by
capacity.”
OSHA’s new “deemed qualified” provision – the second
provision included in the agency’s 2010
certification requirements that has surprised CCOS
members and the construction industry at large –eliminates the employer’s duty
to train and qualify operators, which has existed since the passage of the OSH
Act in 1970.
“On the issue of certification equaling qualification,
all organizations, companies, unions and interested parties agree that simply
having certification does not automatically qualify an operator for any piece
of equipment,” said Joel Dandrea, executive vice president of the Specialized
Carriers & Rigging Association and member of CCOS. “Together, we are
calling upon OSHA to fix and finalize the crane operator certification
requirements, and we intend to work with both the Administration and Congress
to make this happen.”
About the Coalition for Crane Operator Safety (CCOS)
The Coalition for Crane Operator Safety (CCOS) is a group
of national labor, construction management, equipment manufacturers, insurance
underwriters, and accredited certification organizations dedicated to ensuring
swift and effective resolution of the long-awaited OSHA Crane Operator
Certification Standard. Members include: Associated Equipment Distributors
(AED), Association of Equipment Manufacturers (AEM), The Associated General
Contractors of America (AGC), International Association of Bridge, Structural,
Ornamental and Reinforcing Iron Workers Union, International Union of Operating
Engineers (IUOE), NationsBuilders Insurance Services, Inc. (NBIS), National
Commission for the Certification of Crane Operators (NCCCO), The National
Center for Construction Education and Research (NCCER), Operating Engineers
Certification Program (OECP), and Specialized Carriers & Rigging Association
(SC&RA).
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