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February 7, 2019

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS AND
STATE PLAN DESIGNEES
THROUGH:
KURT A. PETERMEYER
Acting Deputy Assistant Secretary
FROM:
SCOTT C. KETCHAM, Acting Director
Directorate of Construction (DOC)
SUBJECT:
Temporary Enforcement Policy for Crane Operator Evaluation Requirements

The Cranes and Derricks in Construction: Operator Qualifications final rule published on November 8, 2018, requires employers to document their evaluation of their crane operators (see 29 CFR 1926.1427(f)(6)). To provide more time for employer compliance with new evaluation and documentation requirements, OSHA already made the effective date February 7, 2019. While OSHA will be fully enforcing the requirement that employers must evaluate their operators before allowing them to operate cranes independently, this memorandum provides guidance on the enforcement of the documentation requirement.

OSHA has received feedback from the construction industry indicating some employers may need more time to document evaluations of crane operators prior to the February 7, 2019, effective date. During the first 60 days of enforcement (until April 15, 2019), OSHA will evaluate good faith efforts taken by employers in their attempt to meet the new documentation requirements for operators of cranes used in construction. During this period, OSHA intends to offer compliance assistance, in lieu of enforcement, for those employers who have evaluated operators in accord with the final rule and are making good faith efforts to comply with the new documentation requirement. If, upon inspection, it is determined that an employer has failed to make sufficient efforts to comply, OSHA should cite for that deficiency.

Please consult the National Office DOC before issuing any proposed citations arising during this time period that are related to documenting crane operator evaluations. Beginning April 15, 2019, OSHA will fully enforce all applicable provisions of the final rule.

If any Regions have questions, please contact the Directorate of Construction, phone (202) 693-2020.

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