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Subtitle 12 DIVISION OF LABOR AND INDUSTRY

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Subtitle 12 DIVISION OF LABOR AND INDUSTRY

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

    09.12.26 Crane Safety

    Authority: Labor and Employment Article, ??2-106(b)(4) and 5-312,

    Annotated Code of Maryland

    Notice of Proposed Action

    [08-296-P-I]

    The Commissioner of Labor and Industry proposes to adopt new Regulations .01 .13 under a

    new chapter, COMAR 09.12.26 Crane Safety. This action was considered by the Maryland

    Occupational Safety and Health Advisory Board pursuant to a meeting held on August 6, 2008, notice of which was given in accordance with State Government Article, ?10-506(c), Annotated Code of Maryland.

    Statement of Purpose

    The purpose of this action is to prevent incidents that result in property damage, injury, and death, related to the operation of cranes when used in construction, demolition, and maintenance. Comparison to Federal Standards

    In compliance with Executive Order 01.01.1996.03, this proposed regulation is more restrictive or stringent than corresponding federal standards as follows:

    (1) Regulation citation and manner in which it is more restrictive than the applicable federal standard:

    This proposal is more restrictive or stringent than OSHA, as there is no corresponding federal standard.

    (2) Benefit to the public health, safety or welfare, or the environment:

    It is assumed that this proposal seeks to prevent accidents that could cause serious injury or death related to the operation of cranes when used in construction, demolition, and maintenance. As such, the impact on the public includes less of a burden on the economy in the form of assistance programs and lost work output.

    (3) Analysis of additional burden or cost on the regulated person:

    Although an employer may choose to have its respective employees certified through an accredited certification program that would require examination fees, an employer also may develop a structured learning program, and crane operator trainees and riggers may accept training through an apprenticeship program.

    (4) Justification for the need for more restrictive standards:

    The applicable federal standard is not sufficient to protect the public health, safety, or welfare of Maryland citizens.

Estimate of Economic Impact

    I. Summary of Economic Impact. This proposal requires that employers ensure that their crane

    operators, crane operator trainees, signal persons, and riggers have received certain training.

    This training may be provided by the employer in a structured learning program that is developed

    and documented by the employer; the employer may accept certification from a nationally

    recognized certification program that is accredited; or, for crane operator trainees and riggers, the

    employer may accept proof of completion of training through an apprenticeship program. The

    economic impact of this training will depend on the training option that an employer selects. This

    proposal also requires that employers require that their employees have a medical examination

    prior to operating cranes or performing rigging work and every 2 years thereafter. Employers who

    do not currently provide training to their employees will be faced with additional training costs, as

    well as medical testing costs. The benefits of this proposal, however, far outweigh the costs

    incurred as a result of crane-related occupational injuries and death, including medical expenses,

    lost wages and production, workers' compensation indemnity payments, and other economic

    effects.

    Revenue

     II. Types of (R+/R) Magnitude Economic Impact. Expenditure

    (E+/E)

     A. On issuing agency: NONE

     B. On other State agencies: NONE

     C. On local governments: NONE

    Benefit (+) Magnitude Cost ()

     D. On regulated industries or trade groups:

     Written and practical examination fees (+) Indeterminable

     E. On other industries or trade groups: NONE

     F. Direct and indirect effects on public: (+) Indeterminable

    III. Assumptions. (Identified by Impact Letter and Number from Section II.)

    D. Although there are written and practical examination fees that vary from $165 per

    individual/written exam to $60 per individual/practical exam if an employer chooses to have its

    employees certified through a nationally recognized certification program that is accredited, an

    employer may choose other training options. An employer may choose to develop and to

    document its own training program, or, for crane operator trainees and riggers, the employer may

    accept proof of completion of training through an apprenticeship program, which would be less

    costly. Regardless of the training option, it is assumed that the training that will be required of

    individuals operating cranes and performing rigging work will provide these individuals with the

    knowledge and skills needed to do their work more proficiently and safely. Therefore, additional

    costs that may be incurred by employers who do not currently provide training to their employees

    are far outweighed by the injuries and deaths these regulations aim to prevent.

F. The impact that this proposal will have on the general public includes a smaller burden on the

    economy in the form of assistance programs and lost output at work. Also, it is assumed that

    providing a safer work environment for workers benefits not only the workers but their families as

    well.

    Economic Impact on Small Businesses

    The proposed action has minimal or no economic impact on small businesses.

    Impact on Individuals with Disabilities

    The proposed action has no impact on individuals with disabilities.

    Opportunity for Public Comment

    Comments may be sent to Debbie Stone, Regulations Coordinator, Division of Labor and Industry,

    1100 N. Eutaw Street, Room 606, Baltimore, MD 21201, or call (410) 767-2225, or email to

    stone.debbie@dol.gov , or fax to (410) 767-2986. Comments will be accepted through November

    10, 2008. A public hearing will be held on October 28, 2008, at 10 a.m., at 1100 North Eutaw

    Street, Room 616, Baltimore, Maryland 21201, for the purpose of affording interested persons the

    opportunity to submit data or comments in writing or orally. Any interested person desiring to

    participate in this hearing should give written notification of intention to appear not later than

    October 24, 2008, to Commissioner of Labor and Industry, Attention: Debbie Stone, Regulations

    Coordinator, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore,

    Maryland 21201, or call (410) 767-2225, or fax to (410) 767-2986, or email stone.debbie@

    dol.gov .

    The notice must state the name and address of the person to appear, the capacity in which the

    person will appear, and the approximate amount of time required for the person's participation.

    Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, ?7-207, Annotated Code of Maryland, ASME B30.3-2004

    Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings

    Construction Tower Cranes; ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks,

    Hoists, Hooks, Jacks, and SlingsMobile and Locomotive Cranes; ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsDerricks; and

    ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and Responsibilities

    American National Standard for Construction and Demolition Operations have been declared

    documents generally available to the public and appropriate for incorporation by reference. For

    this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations

    (COMAR). Copies of these documents are filed in special public depositories located throughout

    the State. A list of these depositories was published in 35:2 Md. R. 120 (January 18, 2008), and is

    available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

    .01 Purpose.

    The purpose of this chapter is to prevent incidents that result in property damage, injury, and

    death, related to the operation of cranes when used in construction, demolition, and maintenance.

    .02 Scope.

A. Except as provided in ?B of this regulation, this chapter applies to all cranes and crane

    operators, signal persons, riggers, and crane operator trainees, and to the erection, operation,

    and dismantling of cranes used in construction, demolition, and maintenance. B. This chapter does not apply to:

    (1) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, and track loaders,

    when used with or without chains, slings, or other rigging to lift suspended loads; (2) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles;

    (3) Service trucks with mobile lifting devices designed specifically for use in the power line and

    electric service industries, such as digger derricks, when used in the power line and electric

    service industries for auguring holes to set power and utility poles, or handling associated

    materials to be installed or removed from utility poles;

    (4) Equipment originally designed as vehicle-mounted aerial devices for lifting personnel and self-

    propelled elevating work platforms;

    (5) Powered industrial trucks, such as forklifts;

    (6) Mechanic's truck with a hoisting device when used in activities related to equipment

    maintenance and repair;

    (7) Equipment that hoists by using a come-along or chainfall; and (8) A crane while it has been converted or adapted for a nonhoisting or nonlifting use, including,

    but not limited to, use as a power shovel, an excavator, or a concrete pump. .03 Definitions.

    A. In this chapter, the following terms have the meanings indicated. B. Terms Defined.

    (1) “ANSI” means the American National Standards Institute. (2) “ASME” means the American Society of Mechanical Engineers. (3) “ASSE” means the American Society of Safety Engineers. (4) “Commissioner” means the Commissioner of Labor and Industry. (5) “Competent person” means one who is capable of identifying existing and predictable hazards

    in the surroundings, or working conditions that are unsanitary, hazardous, or dangerous to

    employees, and who has the authority to take prompt corrective measures to eliminate them.

    (6) “Crane” means a machine for lifting and lowering a load and moving it horizontally, which has

    a hoisting mechanism that is an integral part of the machine. (7) “Crane operator” means an individual who operates a crane.

(8) “Crane operator trainee” means an individual who is engaged in a structured training program

    under the direct supervision of a crane operator who meets the requirements of this chapter.

    (9) “Direct supervision” means that the supervisor:

    (a) Is in the immediate area of the operation;

    (b) Is within visual sighting distance of the operation;

    (c) Is able to effectively communicate with the persons engaged in the operation; and

    (d) Has no duties other than to observe and supervise the operation. (10) “Level I rigger” means an individual who works under the supervision of a competent person

    and on a routine basis performs rigging work engaged in lifting loads, other than rigging for

    special lifts, and the erection, dismantling, jumping, or reconfiguring of cranes. (11) “Level II rigger” means an individual who has accumulated 2 or more years of experience

    working as a level I rigger and performs rigging work engaged in lifting loads for special lifts, or

    the erection, dismantling, jumping, or reconfiguring of cranes, or all of these. (12) “Master/lead rigger” means an individual who has accumulated 5 or more years of

    experience rigging loads and is authorized by the employer to take prompt corrective action to

    eliminate hazards.

    (13) “NCCA” means the National Commission for Certifying Agencies. (14) “Qualified person” means a person who, by possession of a recognized degree in an

    applicable field or certificate of professional standing, or who, by extensive knowledge, training,

    and experience, has successfully demonstrated the ability to solve problems relating to the

    subject crane operations.

    (15) “Rigger” means an individual who is engaged in the process of lifting, moving, and rigging loads with hardware and equipment used to attach a load to a crane. (16) “Rigging” means the hardware, equipment, and means used to safely attach a load to a

    crane by means of adequately rated and properly applied slings or other devices. (17) “Safety sensitive position” means a position subject to drug and alcohol testing because the

    nature of the employee's duties and responsibilities indicate a potential that impaired

    performance due to drugs or alcohol, or both, could result in injury or death to the employee or

    others.

    (18) “Signal person” means an individual who communicates guidance and direction to a crane

    operator in lifting, hoisting, moving, or releasing a load.

    (19) “Special lift” means a lift using multiple cranes or the erection, dismantling, or jumping of a

    tower crane.

    (20) “Tower crane” means a power-operated hoisting machine in which a boom, swing jib, or

    structural member is mounted upon a vertical mast or tower structure with the function of hoisting,

    lowering, and swinging loads at various radii.

.04 Incorporation by Reference.

    A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated.

    (1) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsConstruction Tower Cranes.

    (2) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsMobile and Locomotive Cranes.

    (3) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsDerricks.

    (4) ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and

    ResponsibilitiesAmerican National Standard for Construction and Demolition Operations.

    .05 Drug and Alcohol Free Workplace and Substance Abuse Policy. A. An employer who employs individuals within a safety sensitive position shall have a drug and

    alcohol free workplace and substance abuse policy as required by this regulation. B. The Commissioner designates crane operators, signal persons, riggers, and crane operator

    trainees as safety sensitive positions.

    C. In addition to the positions designated by the Commissioner, an employer may designate other

    employees who work with or around cranes as being safety sensitive positions. D. An employer's drug and alcohol free workplace and substance abuse policy shall, at a

    minimum, require:

    (1) Mandatory drug or controlled substance and alcohol testing for all safety sensitive positions

    under the following circumstances:

    (a) At the commencement of employment in a safety sensitive position; (b) Under reasonable suspicion by the employer;

    (c) Randomly; and

    (d) Unless the medical condition of the employee does not permit it, immediately or not later than

    24 hours following any incident for which crane operations were a direct or indirect cause and

    which involve:

    (i) Property damage greater than $5,000;

    (ii) Bodily injury; or

    (iii) A fatality;

(2) Testing requirements that are consistent with 49 CFR Part 40, U.S. Department of

    Transportation, and Health-General Article, ?17-214, Annotated Code of Maryland;

    (3) A prohibition on employees working in a safety sensitive position while under the influence of

    alcohol, drugs, or a controlled substance, unless:

    (a) An employee is using a controlled substance under the direction of a licensed physician who

    has advised the employee that the substance will not adversely affect the employee's ability to

    safely perform the duties assigned;

    (b) The employee notifies their supervisor and provides written medical documentation from their

    physician; and

    (c) The employer consents; and

    (4) A prohibition on the use, possession, or manufacture of any unlawful drug or use of alcohol

    while at work.

    .06 Crane Operator Requirements.

    A. Except for a crane operator trainee, an employer may not require or permit an individual to

    operate a crane unless the individual is trained and successfully meets the following requirements:

    (1) The individual has participated in training and passed a written examination that is developed

    and administered in accordance with the Standards for Educational and Psychological Testing,

    published jointly by the Joint Committee of the American Educational Research Association, the

    American Psychological Association, and the National Council on Measurement in Education,

    and that tests knowledge and skills necessary for safe crane operation, including the following:

    (a) Operational characteristics and controls, limitations and use, rated load capacities, and

    special hazards, including characteristic and performance questions appropriate to the crane type

    for which qualification is sought;

    (b) Emergency control skills, such as a response to fire, power line contact, loss of stability, or

    control malfunction;

    (c) Basic arithmetic skills necessary for crane operation; (d) The ability to read and comprehend the crane manufacturer's operation and maintenance

    instruction materials, including load capacity information, such as load charts, for the crane for

    which certification is sought; and

    (e) Depending upon the type of crane the operator intends to operate: (i) Knowledge of Chapter 3-3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes,

    Derricks, Hoists, Hooks, Jacks, and SlingsConstruction Tower Cranes; (ii) Knowledge of Chapters 5-0 through 5-3 of the ASME B30.5-2007 Safety Standard for

    Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsMobile and Locomotive Cranes; or

(iii) Knowledge of Chapters 6-0 through 6-3 of the ASME B30.6-2003 Safety Standard for

    Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsDerricks; (2) The individual:

    (a) Demonstrates proficiency in operating the specific type of crane; (b) Performs a practical skills examination that includes pre-start and post-start inspection,

    maneuvering skills, shutdown, and securing procedures; and (c) Demonstrates specific knowledge of crane operations, including: (i) Voice and radio communications;

    (ii) Personal fall protection methods;

    (iii) Emergency procedures; and

    (iv) Hazards and restrictions associated with working adjacent to overhead electric lines and

    equipment;

    (3) The individual provides every 2 years the following current medical documentation:

    (a) Proof of successful completion of a physical examination conducted by a licensed physician

    that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME

    B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and

    SlingsMobile and Locomotive Cranes; or

    (b) A certificate of medical examination as required for a commercial driver's license that would

    be acceptable to the U.S. Department of Transportation, unless the employee provides

    documentation from a licensed physician that the failure to meet these qualifications will not affect

    the individual's operation of a crane; and

    (4) The individual has successfully passed a substance abuse test pursuant to the employer's

    drug and alcohol free workplace and substance abuse policy. B. In lieu of compliance with ?A(1)(3) of this regulation, an employer may accept a crane

    operator certification from a nationally recognized certification program accredited by the NCCA

    or ANSI that demonstrates that, depending upon the type of crane for which certification is sought,

    the individual has acquired and maintains the knowledge, skill, and ability as referenced by:

    (1) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsConstruction Tower Cranes;

    (2) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsMobile and Locomotive Cranes; and

    (3) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks,

    and SlingsDerricks.

    C. An employer shall ensure, through testing every 5 years, that the crane operator maintains the

    knowledge, skills, and abilities as required by ?A(1)(3) of this regulation.

    .07 Crane Operator Trainee Requirements. A. The employer may allow a crane operator trainee, who is engaged in a structured learning

    program, developed and documented by the employer and designed to give the crane operator

    trainee the training requirements specified for crane operators in Regulation .06A of this chapter,

    to operate cranes under the following circumstances:

    (1) The crane operator trainee is under the direct supervision of a crane operator for the type of

    crane operated by the trainee; and (2) The crane operator trainee has demonstrated a basic understanding of crane operations,

    including:

    (a) Crane limitations;

    (b) Standard hand signals as defined in ASME B30.5-2007 Safety Standard for Cableways,

    Cranes, Derricks, Hoists, Hooks, Jacks, and SlingsMobile and Locomotive Cranes;

    (c) Voice and radio communications; (d) Crane dynamics involved in swinging, controlling, and stopping loads;

    (e) Boom deflection from hoisting loads; (f) Personal fall protection methods; and (g) Hazards and restrictions associated with working adjacent to overhead electric lines and

    equipment.

    B. In lieu of compliance with ?A(2) of this regulation, an employer may accept proof of completion

    of training through an operating engineer apprenticeship program that has been approved by the

    Maryland Apprenticeship and Training Council. C. A crane operator trainee shall provide every 2 years the following current medical

    documentation:

    (1) Proof of successful completion of a physical examination conducted by a licensed physician

    that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME

    B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and

    SlingsMobile and Locomotive Cranes; or (2) A certificate of medical examination as required for a commercial driver's license that would

    be acceptable to the U.S. Department of Transportation, unless the employee provides

    documentation from a licensed physician that the failure to meet these qualifications will not affect

    the individual's operation of a crane. D. A crane operator trainee shall successfully pass a substance abuse test pursuant to the

    employer's drug and alcohol free workplace and substance abuse policy before beginning work

    as a crane operator trainee.

    .08 Signal-Person Requirements.

A. An employer shall ensure that no individual is permitted to provide hand or verbal signals to

    control crane operations unless the individual has received the following training:

    (1) Proficiency in hand and verbal signals, including the standard method for hand signals, as

    required by:

    (a) Chapter 3-3.3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks,

    Hoists, Hooks, Jacks, and SlingsConstruction Tower Cranes;

    (b) Chapter 5-3.3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks,

    Hoists, Hooks, Jacks, and SlingsMobile and Locomotive Cranes; or

    (c) Chapter 6-3.4 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks,

    Hoists, Hooks, Jacks, and SlingsDerricks; (2) In depth knowledge of crane operations and limitations, including the crane dynamics involved

    in swinging, controlling, and stopping loads, and boom deflection from hoisting loads; and

    (3) Specific knowledge of crane operations, including: (a) Voice and radio communications;

    (b) Personal fall protection methods;

    (c) Emergency procedures; and

    (d) Hazards and restrictions associated with working adjacent to overhead electric lines and

    equipment.

    B. In lieu of compliance with ?A of this regulation, an employer may accept a certification from a

    nationally recognized certification program accredited by the NCCA or ANSI that demonstrates

    that the signal person has acquired and maintains the knowledge, skill, and ability required by ?A

    of this regulation.

    .09 Rigger and Rigging Requirements.

    A. An employer shall ensure that all rigging used is in accordance with the rigging manufacturer's

    limitations and requirements.

    B. An employer shall ensure that no individual is permitted to rig loads to be lifted by a crane

    unless the individual has received training appropriate to the level of work to be performed,

    consistent with the requirements of this regulation. C. An employer shall ensure that a level I rigger has completed training in the safe application,

    use, and limitations of rigging equipment, as applicable to the work performed, and has a basic

    knowledge of the following:

    (1) Voice and radio communications;

    (2) Standard hand signals as defined in:

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