Correction to general-industry standards applicable to construction

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 21, 1996

MEMORANDUM FOR: REGIONAL ADMINISTRATORS

FROM: MICHAEL CONNORS
Deputy Assistant-Secretary

SUBJECT: Corrections to the List of 29 CFR 1910 Standards
Determined to be Applicable to Construction.

The June 30, 1993 Federal Register notice (58FR35076) incorporating certain specified general industry-standards into the construction standards contains several errors. The Electrical Safety-Related Work Practices provisions of 29 CFR 1910.333 and .334 (codified at 29 CFR 1926.416 and .417) are not applicable to construction situations. The preamble to the subject standard clearly states that "[t]he Agency is limiting this rulemaking to the prevention of accidents in general industry and maritime ... because to include other industrial sectors (such as construction) would seriously impede the rulemaking process" (55FR31986). Further, the preamble states [t]he standard will apply to every major standard industrial code (SIC) economic division with the exception of ...construction...." (55FR32011).
~~In addition, general industry provision 29 CFR 1910.184(c)(9), which was codified as 29 CFR 1926.550(a)(19) and which reads "[a]ll employees shall be kept clear of loads about to be lifted and of suspended loads," is not applicable to crawler, truck, or locomotive cranes used for construction activities. This is because the general industry provision is preempted from being applied to such cranes by the more specific construction rule (1926.550(b)(2)) for such cranes that references the ANSI B30.5-1968 standard. In the ANSI document, paragraph 5-3.2.3f states "[t]he operator should avoid carrying loads over people". Because the ANSI rule is advisory it is not enforceable. Consequently, except for 1926.701(e)(2) which addresses concrete buckets, and 1926.651(e) which addresses loads handled by lifting or digging equipment, there is no OSHA provision that prohibits using crawler, truck, or locomotive cranes to suspend loads over employees~~.
[This document was edited on 1/12/2000, per Federal Register #:63:33450-33469, June 18, 1998, and no longer reflects OSHA's policy for the issue.]
ACTION: All 29 CPR 1926 paragraphs recodified from 29 CFR 1910.333 and .334 (1926.416(a)(4), (f)(1) thru (10), (g)(1) thru (8), and 1926.417(d)) shall not be cited. Violations for electrical safety-related work practices in construction shall be cited under the other provisions of 29 CFR 1926, Subpart K-Electrical. In addition, paragraph 29 CFR 1926.550(a)(19) shall not be cited for lift hazards when crawler,truck, or locomotive cranes are involved.