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.
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