Crane workers and observers near overhead power lines

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 1, 1993

Mr. Howard Schaffner
Hofeld and Schaffner
[Recipient address omitted]
Dear Mr. Schaffner:

This is in response to your October 5 letter requesting interpretations of the Occupational Safety and Health Administration (OSHA) standards concerning the use of a crane near overhead power lines.

With regard to your first question whether a crane oiler is required under 29 CFR 1926.550(a)(15)(vi) to make an independent inquiry to determine if overhead power lines are energized, please be advised that with few exceptions, OSHA holds the employer responsible for complying with safety and health regulations. The employer, not the crane oiler, is responsible for assuring that a safe distance between the crane equipment and overhead power lines is maintained or that the power lines are denergized.

With regard to whether a crane oiler would be required to wear insulated protective gloves by either 1926.28(a) or 1926.416(a)(2), please be advised that neither section is applicable in the situation described in your request. Paragraph 1926.416(a)(2) applies only to the use of hand tools used near underground electric power lines. Due to a decision of the Occupational Safety and Health Review Commission, 1926.28(a) is now a nullity. OSHA would use the general duty clause of the OSH Act, 29 U.S.C.654(a)(1) or the general personal protection equipment standard at 29 CFR 1910.132(a) [Since June 30, 1993, codified within Part 1926 at 1926.95(a)] to require protective equipment. Please be advised, however, that OSHA would not consider the use of insulated gloves to be an acceptable substitute for the measures specified in 1926.550(a)(15)(vi), i.e., maintaining the specified clearance, denergizing the line, or erecting a physical barrier.

With regard to the person designated as an observer as required by 1926.550(a)(15)(iv), please be advised that (1) the observer must be specifically assigned by the employer, (2) the designated observer can be assigned other duties provided the other duties do not interfere with the observer's ability to give timely warning for all operations of the crane and (3) the observer must be positioned so as to be able to visually monitor the clearance between the equipment and the power lines. Although the observer's position is site dependant, it would not normally be acceptable for an observer to be positioned under the crane because the observer would have a similar visual perspective of the equipment as the crane operator.

If we can be of any further assistance, please contact Mr. Dale Cavanaugh of my staff at (202) 219-8124.

Sincerely,
Roy F. Gurnham, P.E., Esq.
Director
Office of Construction and Maritime
Compliance Assistance

[Requester letter reproduced on OSHA page; omitted here.]