Crane Institute of America

Digger Derricks Revised Exemption to go through Negotiated Rulemaking

digger derrick

You may have heard people referencing OSHA Subpart CC or the OSHA 1926.1400 standards for cranes and derricks. Effective in 2010, this new rule updated the requirements for this equipment used in construction.

Digger derricks were exempted in the preamble of the rule when used in operations or maintenance activities and when used for auguring holes or setting poles. After the rule’s release, Edison Electric Institute (EEI) petitioned OSHA to expand its exemption to all digger derrick operations covered by Subpart V, which accounted for an additional 5 percent of the work performed by digger derricks.

However, OSHA received a significant adverse comment on the direct final rule and in February 2013, the agency withdrew the direct final rule. Instead, OSHA will follow its normal rule-making procedures by issuing the expanded exemption through the negotiated rulemaking process.

As it stands now, the digger derrick exemption has no change as of the August 2010 ruling, which states:

1926.1400(c)(4)
Digger derricks when used for augering holes for poles carrying electric and telecommunication lines, placing and removing the poles, and for handling associated materials to be installed on or removed from the poles. Digger derricks used in work subject to 29 CFR part 1926, subpart V, must comply with 29 CFR 1910.269. Digger derricks used in construction work for telecommunication service (as defined at 29 CFR 1910.268(s)(40)) must comply with 29 CFR 1910.268.

For a full recap of the digger derrick exemption request and the subsequent process, read this article at regulations.gov.
http://www.regulations.gov/#!documentDetail;D=OSHA-2012-0025-0006

To read about the revised exemption and its withdrawal from the direct final rule:
November 2012: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=23516

February 2013: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=23573