NLBMDA met with OSHA’s Directorate of Construction to raise concerns about a 2016 Letter of Interpretation that addresses an aspect of the material delivery exemption to the OSHA crane rule early last month. OSHA issued the crane rule, which includes the material delivery exemption, in 2010 after extensive consideration by the agency and input by stakeholders, including NLBMDA.
The Letter of Interpretation, issued in June 2016 in response to a question posed by an equipment manufacturer in November 2010, has created confusion for dealers and contractors alike regarding the final stage of the delivery process when material is boomed up to the upper level of a structure under construction. Prior to the Letter of Interpretation, dealers followed the plain meaning of the rule’s exemption for material delivery.
The letter contradicts the plain meaning of the material delivery exemption. The letter further violates a core principle of the regulatory process by attempting to change a formally developed rule with an agency interpretation. OSHA is currently reviewing the Letter of Interpretation based on NLBMDA’s presentation. During this time period, NLBMDA’s position is that members should continue to follow the plain meaning of the exemption. For a complete discussion of the Letter of Interpretation and how it contradicts the crane rule, click here.
Members may also find the following NLBMDA guidance material at dealer.org: Complying with the OSHA Crane Rule: Use of Articulating or Knuckle Boom Crane to Deliver Materials to Construction Sites and The Material Delivery Exemption: Operator Check List.