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Unified Agenda - Table of Contents

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR 1926.550), specifically requesting that negotiated rulemaking be used.

In 2002 OSHA published a notice of intent to establish a negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus on all issues resulting in a final consensus document.

Statement of Need: There have been considerable technological changes since the consensus standards upon which the 1971 OSHA standard is based were developed. In addition, industry consensus standards for derricks and crawler, truck and locomotive cranes were updated as recently as 2004.

The industry indicated that over the past 30 years, considerable changes in both work processes and crane technology have occurred. There are estimated to be 64 to 82 fatalities associated with cranes each year in construction, and a more up-to-date standard would help prevent them.

Summary of Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 USC 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action and not update the standards in 29 CFR 1926.550 pertaining to cranes and derricks.

Anticipated Cost and Benefits: The estimates of the costs and benefits are still under development.

Risks: OSHA's risk analysis is under development.


Action Date FR Cite

Notice of Intent To Establish Negotiated Rulemaking 07/16/02 67 FR 46612
Comment Period End 09/16/02  
Request for Comments on Proposed Committee Members 02/27/03 68 FR 9036
Request for Comment Period End 03/31/03 68 FR 9036
Established Negotiated Rulemaking Committee 06/12/03 68 FR 35172
Rulemaking Negotiations Completed 07/30/04  
SBREFA Report 10/17/06  
NPRM 10/00/07  

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3467, FP Building, Washington, DC 20210 Phone: 202 693-2020 Fax: 202 693-1678

RIN: 1218-AC01

Unified Agenda - Table of Contents

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