August 28, 2009 Mr. Reijo Kamula Training Manager Konecranes 4401 Gateway Boulevard Springfield, Ohio 45502 Dear Mr. Kamula, Thank you for your letter dated March 18, 2009 to the Enforcement Programs Directorate (EPD) of the Occupational Safety and Health Administration (OSHA). Their letter was forwarded to the DEP`s Office of General Industry Enforcement (GIE) to clarify OSHA Standard 29 CFR 1910.179, overhead cranes and overhead cranes. This is OSHA`s interpretation of the requirements discussed only and may not apply to matters not described in your original correspondence. Your questions are paraphrased and our answers follow. Background: When OSHA first published its safety and health standards, it adopted several industry consensus standards, including standards published by the American National Standards Institute (ANSI). See 36 Federal Register 10466 (29. May 1971). Some of these standards contained advisory provisions, including the use of the word “should,” which were adopted verbatim by OSHA.
Prior to 1984, OSHA asserted that all standards, whether the term “should” or “should” was used, created binding compliance responsibilities. OSHA has adopted ANSI B30.2.0-1967, overhead cranes and gantry cranes, in its 29 CFR 1910.179, overhead cranes and gantry cranes. The ANSI standard states in paragraph 2-2.2.2 that “all new, extensively repaired and modified cranes shall be tested by or under the direction of a designated or authorized person and a written report from that person confirming the lifting capacity of the crane.” [Emphasis added.] OSHA had included this statement “should” in 29 CFR 1910.179(k)(2).1 On 10. In February 1984, OSHA issued a final rule, Revocation of Advisory and Repetitive Standards, which repealed several provisions of 29 CFR 1910 that used the word “should” or other advisory language in place of the mandatory “shall.” See 49 Federal Register 5318. The final rule included the deletion of the first two sentences of the standard in 29 CFR 1910,179(k)(2). This deletion was consistent with OSHA`s 29 CFR 1910.6 standard, which provides that only mandatory provisions, that is, provisions containing the word “shall” or other mandatory language of standards incorporated by reference, are approved by OSHA as standards. As you note in your letter, on March 4, 1991, the OSHA National Office sent an interpretive letter regarding 29 CFR 1910,179(k)(2) to Mr. Thomas W. Hagerty stating that “nominal load testing is required for new and modified cranes.” 9. However, in September 1994, the OSHA Region 5 office sent you an interpretation letter stating that 29 CFR 1910.179 “does not require load testing for new, used or modified overhead cranes and gantry cranes. The region`s interpretation was based on the fact that ANSI B30.2.0-1967 and newer versions of the standard contain the indication “should” regarding the rated load testing requirement for new and modified cranes.
This lookup language is retained in the 2005 release of ANSI B30.2. Q1: Does OSHA require nominal load testing for new or modified cranes? Answer 1: OSHA requires nominal load testing for new and modified cranes, as specified in OSHA`s interpretation letter to Mr. Thomas Hagerty dated March 4, 1991. The OSHA standard in 29 CFR 1910.179(b) states: OSHA strongly recommends that you use other acceptable methods, such as: Cranes of higher rated power that are under the hook when testing lifting equipment in their rated capacity. We have all the equipment to facilitate the work. We have a crane, platforms, motorized test cars, spread beams, rigging and trucks coming to you. This brings together all of our 250,000 pound certified weights for an easy and quick test. 2. If it exceeds the crane limits, can we get permission to test lifting at 110% crane capacity in order to comply with OSHA 1926.550(a)(1)? Cantilever cars/hoists are excluded from the scope of Section 2-0.1 of ANSI 30.2 – 1967, which is required by 29 CFR 1910.179(b)(2) to meet crane and overhead crane design specifications.
Load testing is the process of requiring a system or device and measuring its response. Load tests are performed to determine how a system behaves under normal and expected peak load conditions. It helps identify the maximum operational capability of an application, identify bottlenecks, and determine which is causing degradation. When the load on the system is increased beyond the normal usage model to test the system`s response to abnormally high or peak loads, this is called stress testing. The load is usually so large that failure conditions are the expected result, although there is no clear limit when an activity ceases to be a stress test, but becomes a stress test. We read in your operating instructions that the nominal capacity of the crane must not be exceeded. I have two questions: 1 As passed in 1971, 29 CFR provided for 1910,179(k)(2): “Nominal load test. Prior to first use, all new, extensively repaired and modified cranes must be tested by or under the direction of a designated or authorized person to confirm the crane`s lifting capacity. The nominal load shall not exceed 80 per cent of the maximum load during the test. Test loads shall not exceed 125 % of the rated load unless otherwise specified by the manufacturer. Test reports shall be filed to the extent that they are readily accessible to designated personnel. The above requirements are taken from ANSI/ASME B30.17d – 1990, Section 17 – 2.22 Nominal Load Test.
Although it is not an OSHA standard and is not incorporated by reference into an OSHA standard, we believe that the provisions must be followed, even though B30.17d appears to be advisory in nature and uses “should” instead of “should” in its text. However, OSHA`s policy is to make this particular provision binding. The general policy that enables this is discussed in the OSHA Field Operations Manual in Chapter IV, A.2.d. (4), according to which parts of ANSI standards that are not predecessors of section 6(a) standards may be invoked as a violation of section 5(a)(1) of the Occupational Health and Safety Act if there is a serious risk. We believe that the possible collapse of an overhanging trolley/lifting device poses a serious danger. As indicated in Mr. Timothy Ritter of Grove North America dated August 23, 1993, OSHA does not require a routine inspection that exceeds the crane`s rated capacity. Overload tests are only required for new cranes and after repair or re-evaluation of the crane. Therefore, all other overload tests must be performed in accordance with the manufacturer`s specifications and limitations set out in 1926.550(a)(1). 1.
As often as necessary, provided that the total weight on the hook does not exceed 100 % of the nominal crane load, or To certify the integrity of our cranes, Manitowoc Engineering Co.`s policy, in accordance with ANSI Code B30.5 adopted by OSHA, is to allow the crane operator to lift test loads up to a maximum of 10% above the rated capacities of the boards. The revocation of the language of consultation in 29 CFR 1910.179(k)(2) in 1984 did not remove the load testing requirement for new and modified cranes.
