Upper controls on crane-supported personnel platforms

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 17, 1993

Mr. Dennis Robertson, Director
Product Safety and Reliability
National Crane
[Recipient address omitted]
Dear Mr. Robertson:

This is in response to your September 16, 1992 letter requesting the Occupational Safety and Health Administration (OSHA) to withdraw or amend the June 14, 1990 letter to Mr. G.F. Stone of the Tennessee Valley Authority concerning mobile crane supported personnel platforms. I apologize for the delay in responding to your inquiry.

With regard to the OSHA policy of requiring upper controls on personnel platforms attached to mobile crane booms established by our June 14 letter, please be advised that that letter has been superseded and is no longer in effect. OSHA's current policy is as follows:

Personnel platforms that are suspended from the load line and used in construction are covered by 29 CFR 1926.550(g). Under that standard there is no requirement for controls at the platform station. In addition, there is no specific provision for suspended personnel platforms in Part 1910. The governing provision, therefore, is general provision 1910.180(h)(3)(v), which prohibits hoisting, lowering, swinging or traveling while anyone is on the load or hook. OSHA has determined, however, that when the use of a conventional means of access to an elevated worksite would be impossible or more hazardous, a violation of 1910.180(h)(3)(v) will be treated as de minimis if the employer has complied with the provisions set forth in 1926.550(g)(3), 1926.550(g)(4), 1926.550(g)(5), 1926.550(g)(6), 1926.550(g)(7) and 1926.550(g)(8).

When the personnel platform is attached to the boom of a vehicle-mounted crane, the device is covered by 1910.67, vehicle-mounted elevating and rotating work platforms, or [1926.453], aerial lifts. These paragraphs require upper and lower controls for extensible and articulating boom platforms which are primarily designed as personnel carriers. We have reviewed these standards and have concluded that 1910.67(c)(2)(ix) and [1926.453(b)(2)(ix)] apply only if the lifting of personnel is a routine function of the crane (i.e., one of the primary uses). Under such circumstances, the crane and attached platform as a combined unit must be equipped with upper and lower controls. The standards do not address the non-routine attachment of accessory platforms to extensible or articulating booms for the purpose of positioning employees. Therefore, if positioning personnel in this manner is only done occasionally, as we understand is your situation as stated in your June 23 letter, OSHA would not consider that this practice as a primary use and upper controls would not be necessary.

Please note, however, that OSHA believes there are certain conditions under which the use of an aerial lift without upper controls is unsafe. If work is required to be performed from a personnel platform near energized power lines, moving or rotating components of equipment, or other hazardous locations where precise control of the platform is necessary to eliminate or reduce hazards to employees, the absence of upper controls could result in a citation under the General Duty Clause of the Act.

Although OSHA standards do not address the non-routine attachment of personnel platforms to crane booms, America National Standards Institute's recommended industry standard ANSI B30.5(b) - 1991, Section 5-3.2.2 addresses this practice. As you know, in instances where OSHA standards do not specifically address a particular activity or hazard, ANSI standards can be used by OSHA as a basis for a citation under 5(a)(1) of the Act.

[If you need any additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax (202) 693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.]

Sincerely,
Roy F. Gurnham, P.E., Esq., Director
[Directorate of Construction,
Office of Construction Standards and Guidance]

[Corrected 10/22/2004]

[Attached correspondence reproduced on OSHA page; omitted here.]