Load testing language for overhead cranes

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

January 26, 1979
Mr. Arnold Kramer
Superintendent,
Safety and Health
Ormet Corporation
[Recipient address omitted]
Dear Mr. Kramer:
This is in reply to your letter dated December 18, 1978, requesting a clarification of the terms "should" and "shall" as used in OSHA section 1910.179(k)(2).
Section 1910.179(k) relates to testing of overhead cranes prior to initial use or whenever altered, and when testing to determine and confirm the maximum rated load the crane shall be permitted to handle.
Section 1910.179(b)(3) relates to modification, after which the crane shall be tested in accordance with requirement of paragraph (k)(2). Section 1910.179(b)(5) requires that each crane shall be plainly marked on each side with its rated load.
Section 1910.179(k)(2) has to be looked at in its entirety. True, the first two sentences include the term "should," but the last two sentences contain the word "shall." The fourth or last sentence reads, "the test reports shall be placed on file where readily available to appointed personnel." In order to have a record of a test for rated load, and to mark the rated load certified on the crane, both would be dependent on the testing of the crane. Therefore, it is apparent, the term "should" as used in paragraph 1910.179(k)(2) does not purport to be advisory.
If I can be of any further assistance, please feel free to contact me.
Sincerely,
John K. Barto, Chief
Division of Occupational
Safety Programming