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• Standard Number: 1926.550(f)(1)(iv)

January 27, 1994

R. Scott Millgard
Field Superintendent
The Millgard Corporation
12822 Stark Road
P.O. Box 2248
Livonia, Michigan 48151

Dear Mr. Millgard:

This is in response to your April 23 letter requesting a written variance from an Occupational Safety and Health Administration (OSHA) standard addressing barge mounted cranes. I apologize for the delay in responding to your inquiry.

With regard to your request for a written variance of 1926.550(f)(1)(iv) requiring cranes used on barges to be positively secured, please be advised that we have reviewed the crane and barge specifications and pictures enclosed with your letter. It appears that if the barge and crane mounted drill rig are set up and used as described in your letter and a registered profession engineer certifies that the movement of the crane on the barge will not compromise the stability of the barge, then OSHA will consider the situation to be de minimis and a variance will not be necessary.

As discussed in the telephone conversation between yourself, Mr. Larry Ross and Mr. Dale Cavanaugh of my staff, OSHA's de minimis enforcement policy is that if an employer complies with the clear intent of a standard but deviates from its particular requirements in a manner that has no direct or immediate relationship to employee safety or health, then the situation will be considered to be de minimis. De minimis violations are not included in a citation.

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., Esq.
Director
Office of Construction and Maritime
Compliance Assistance

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