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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

August 24, 1995

Mr. H. Michael Hickson
Banks, Nason, Hickson & Sullivan
[Recipient address omitted]

Dear Mr. Hickson:

This is in response to your letter of January 18 requesting an interpretation of an Occupational Safety and Health Administration (OSHA) standard addressing the repair of mobile cranes.

With regard to whether repairs can be made to a crane without the approval of the crane manufacturer, please note that there are two provisions in 29 CFR 1926.550 that require crane users to follow procedures or gain approval of the crane manufacturer. Neither specifically addresses repairs made to the crane. Paragraph 1926.550(a)(1) requires that the employer comply with the manufacturer's specifications and limitations applicable to the operation of any and all cranes and derricks. OSHA has interpreted the language "specifications and limitations applicable to the operation" to apply to the way a crane is used and maintained. This section would not apply to a limitation on where repairs could be made unless the repair affected the safe operation of the crane.

Paragraph 1926.550(a)(16) addresses the requirement for manufacturers' approval before any modifications or additions can be made which would affect the safe operation of the crane. The section goes on to address what must be done when the capacity is changed. The intent of this paragraph is to assure any modification or addition that would change the capacity of the crane be reviewed by the manufacturer to make sure the change does not adversely affect other crane functions or components and cause an unsafe condition. By their very nature major repairs to crane components create the potential for adversely affecting capacity or safe operation, and for that reason such repairs should be reviewed and approved by the manufacturer to make sure that the crane's capacity and safe operation are not affected. Alternatively, this could be done by seeking the certification of a registered professional engineer that a repair has restored the crane component to its original configuration and strength so that the capacity and operation of the crane is unaffected by the repair. A crane user who has had major repairs carried out but has not taken appropriate steps to ensure that capacity or safe operation has not been adversely affected could be cited.

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

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

[Requester letter reproduced before the OSHA response on the source page; omitted here.]