Small Entity Compliance Guide for the Final Rule for Cranes and Derricks in Construction

This guide, OSHA 3433-05, Small Entity Compliance Guide for the Final Rule for Cranes and Derricks in Construction, is intended to help small businesses comply with OSHA?s standard for Cranes and Derricks in Construction. It is designed to address the most common compliance issues that employers will face and to provide sufficient detail to serve as a useful compliance guide. It does not, however, describe all provisions of the standard or alter the compliance responsibilities set forth in the standard, which is published at 29 CFR 1926.1400 - 1442. The reader must refer to the standard itself, which is available on OSHA?s website and in the Federal Register and will be published in the Code of Federal Regulations, to determine all of the steps that must be taken to comply with the standard. In addition to this guide, other information that will be helpful in complying with the standard can be found on OSHA?s website. If you are seeking advice about complying with the standard, OSHA?s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies and universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and help establish safety and health management systems. To find the OSHA On-site Consultation Program office nearest you, go to: https://www.osha.gov/dcsp/smallbusiness/consult_directory.html. In 21 states and one territory, occupational safety and health standards are enforced by the state agency responsible for the OSHA-approved state plan. These states are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming. New York, Connecticut, Illinois, New Jersey, and the Virgin Islands also operate OSHA-approved state plans limited in scope to state and local government employees. States operating OSHA-approved state plans must adopt and enforce standards that are either identical to or at least as effective as federal standards. Therefore, these states must adopt a standard for cranes and derricks in construction that is at least as effective as OSHA?s standard and must extend that protection to state and local government employees. If you are operating a small business in one of the above-listed states or territories, you must determine whether requirements in addition to those in the OSHA standard apply. Employers who use cranes and derricks in construction work must comply with the standard. In addition, other employers on construction sites where cranes and derricks are used are responsible for violations that expose their employees to hazards and, therefore, need to know the requirements of the standard that may affect their employees. Crane lessors who provide operators and/or maintenance personnel with the equipment also have duties under the standard. See the section of this guide entitled ?Employer Responsibilities? for additional information on the compliance responsibilities of different employers. Employers who have compliance responsibilities under the standard should read this guide. In addition, crane operators and other workers who work with or near cranes on construction sites can find information in this guide that will make them aware of the hazards that cranes present to them and their coworkers and the steps that employers must take to protect against those hazards.