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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
September 21, 2001
Mr. Robert Weaver
M&W Contractors, Inc.
P.O. Box 2510
East Peoria, IL 61611-0510
Re: §1926.550(a) and (g); cranes to hoist personnel
Dear Mr. Weaver:
This is in response to your November 29, 1999, letter in which you ask a question relating to the requirements of using cranes to hoist personnel. We apologize for the long delay in providing this response.
Question: In your letter you refer to 29 CFR 1926.550(a) and (g). Section 1926.550(a)(1) requires employers to comply with the crane manufacturer's specifications and limitations. Section 1926.550(g) sets out specific requirements for hoisting workers in a personnel platform. You want to know if you follow the personnel hoisting requirements in §1926.550(g), but the crane manufacture states that the crane has not been manufactured to lift personnel, would you be in violation of §1926.550(a)(1)?
Answer: Yes, you would be in violation of §1926.550(a)(1). Section 1926.550(a) sets baseline requirements for all cranes and derricks. The personnel hoisting requirements in §1926.550(g) supplement these for employers using cranes to hoist personnel. Since the §1926.550(g) requirements do not preempt the general requirements in §1926.550(a)(1), you must comply with both §1926.550(a)(1) and (g).
If you require any further assistance, please do not hesitate to contact us again by writing to: Directorate of Construction - OSHA [Office of Construction Standards and Guidance], Room N3468, 200 Constitution Avenue N.W., Washington D.C. 20210.
Russell B. Swanson, Director
Directorate of Construction