INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 7, Article 14,
Section 3474(m) and Article 90, Section 4884(c) of the General Industry Safety Orders
Update of ANSI/ASME References for Slings and Cranes


PROBLEM ADDRESSED BY PROPOSED ACTION

Existing Section 3474(m) of the GISO currently references an outdated national consensus standard pertaining to the use of slings in marine terminal operations American National Standards Institute (ANSI) B30.9–1971. This standard is no longer in print and is therefore unavailable for reference by the employer. The ANSI B30.9–1971 standard has been superseded by the ANSI/American Society of Mechanical Engineers (ASME) B30.9–1996 version which addresses the design, use, care and maintenance of various types of slings including those constructed of wire rope.

The inability of employers to locate the 1971 edition of the B30.9 standard makes complying with the existing language in subsection (m)(1) difficult if not impossible for the employer. In addition, wire rope slings and wire rope currently in use at marine terminals conform to the newer ANSI/ASME B30.9 standards. Complying with a 1971 standard is obviously inappropriate for employers who use wire rope and slings which conform to more recent ANSI/ASME B30.9 criteria.

Essentially, the same problem exists for employers who use cranes and derricks who must comply with the requirements contained in Section 4884(c)(1). This regulation requires cranes and derricks placed in service after September 28, 1986 to conform to the applicable ANSI/ASME B30 standards for various types of cranes and derricks. As is the case for the B30.9 standard discussed above, the various B30 crane/derrick standards listed in subsection (c)(1) are out of date and have been superseded by newer ANSI/ASME B30 standards.

Again, employers find retrieving copies of these standards very difficult if not impossible, thus complicating their ability to comply with the existing requirements contained in Section 4884(c)(1).

To correct these problems created by outdated ANSI/ASME standards, Board staff proposes to update the ANSI B30.9–1996 standard to permit cranes and derricks placed in service prior to the anticipated effective date of the proposed action (October 1, 1998) to conform either to the older B30 criteria or, if a newer piece of equipment, conform to the most recent B30 standards. Board staff proposes to require all cranes and derricks placed in service after the October 1, 1998 effective date (newest equipment) to comply with the most recent ANSI/ASME B30 crane and derrick standards.

Board staff has reviewed the concept of updating the aforementioned national consensus standards for wire rope, wire rope slings, cranes and derricks with representatives from the Division of Occupational Safety and Health and the North American Crane Bureau, who did not express any objections to the proposed action.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

The proposed action is as follows:

Section 3474. Hooks, Slings, Bridles and Fittings
This section addresses requirements for the design, use, care, and maintenance of hooks, slings, bridles and other fittings(e.g. shackles, thimbles, etc.) used in conjunction with crane and other lifting service equipment at marine terminals.

Subsection (m)
Subsection (m) specifically addresses wire rope and wire rope slings in terms of the manufacturers’ ratings which are to be available for inspection by the Division and minimum design safety factors of at least 5 for running in light load use. If these ratings are not available, employers are to refer to the American National Safety Standard ANSI B30.9–1971 tables. The regulation also addresses use of wire rope with safety factors less than 5 under special conditions (e.g. where found to be impracticable, where specialized equipment is used, etc.)

A revision is proposed for subsection (m)(1) to amend the reference to the ANSI B30.9–1971 standard by updating it to ANSI/ASME B30.9-1996 standard for slings.

The proposed revision is necessary to clarify to the employer that when it is necessary to refer to the ANSI/ASME wire rope and wire rope sling rating tables, the tables contained in the 1996 B30.9 standard shall be used. Reference to the latest ANSI/ASME tables will ensure wire rope and wire rope slings are not overstressed resulting in catastrophic failure and employee injury.

Section 4884. Scope.
This section establishes the application of Group 13 safety orders to derricks, cranes, and boom-type excavators. The scope contains specific requirements that the design of cranes, derricks, are to be in conformance with the national consensus standards (i.e. ANSI, ASME B30 Standards) for testing and maintenance, permits alternative designs by a registered engineer, and requires conformance to Title 8, Electrical Safety Order regulations for electrically powered cranes.

Subsection (c)
Revisions are proposed in subsection (c)(1) to include a new designation of subsection (c)(1)(A) to address older equipment and conformance to the national consensus standards currently listed for the design, construction and installation of various types of cranes and derricks. Subsection (c)(1)(A) would specify cranes and derricks placed in service after September 28, 1986 through October 1, 1998 to conform either to the older or current editions of the ANSI/ASME standards depending on the type of crane or derrick. The phrase "placed in service before January 1, 1995" which follows the reference to the ANSI/ASME B30.6–1977 standard is proposed for deletion.

The proposed revisions are necessary to clarify to the employer which ANSI/ASME standards the particular crane or derrick are to conform to, ensure safe operations of cranes, and prevent catastrophic failures or other accidents which injure the employee.

A new subsection (c)(1)(B) would require cranes and derricks placed in service after October 1, 1998 (proposals anticipated effective date) to be provided with a label, plate or marking certifying that the crane and derrick conforms to the current applicable ANSI/ASME B30 standard. Further revisions are proposed to delete subsection (c)(3) which specifies an effective date after which all derricks placed in service are to conform to the ASME B30.6-1990 standard.

The proposed revisions, in conjunction with the previous revisions in subsection (c)(1), are necessary to clarify to the employer that newer cranes/derricks are to conform to the most recent ANSI/ASME crane/derrick standards. The proposed revisions are also necessary to ensure employees will operate cranes/derricks in a manner which will prevent catastrophic failure resulting in a serious injury.

The deletion of subsection (c)(3) is necessary to avoid repetitive language as a result of the proposed language in the new subsection (c)(1)(B) which will address derricks placed in service after October 1, 1998.

DOCUMENTS RELIED UPON

  1. ANSI/ASME B30.9-1996, American National Safety Standard for Jacks and Cable– Ways, Cranes, Derricks, Hoists, Hooks, Slings, ANSI/ASME, New York, New York.
  2. ANSI/ASME B30.2-1996, Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist), ANSI/ASME, New York, New York.
  3. ANSI/ASME B30.3-1996, Construction Tower Cranes, ANSI/ASME, New York, New York.
  4. ANSI/ASME B30.4-1996, Portal, Tower, and Pedestal Cranes, ANSI/ASME, New York, New York.
  5. ANSI/ASME B30.5-1994, Mobile and Locomotive Cranes, ANSI/ASME, New York, New York.
  6. ANSI/ASME B30.6-1995, Derricks, ANSI/ASME, New York, New York.
  7. ANSI/ASME B30.7-1994 Base Mounted Drum Hoists, ANSI/ASME, New York, New York.
  8. ANSI/ASME B30.8-1993, Floating Cranes and Floating Derricks, New York, New York.
  9. ANSI/ASME B30.11-1993, Monorails and Underhung Cranes, ANSI/ASME, New York, New York.
  10. ANSI/ASME B30.13-1996, Storage/Retrieval (S/R) Machines and Associate Equipment, ANSI/ASME, New York, New York.
  11. ANSI/ASME B30.17-1992, Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underway Hoist), ANSI/ASME, New York, New York.
These documents are available for review during normal business hours at the Standards Board’s Office located at 1300 "I" Street, Suite 920, Sacramento, California.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE ECONOMIC IMPACT ON SMALL BUSINESSES

It is anticipated that no adverse impact on small business will occur as a result of the implementation of the proposed amendments because it merely consists of technical, clarifying revisions to existing regulations (updating of various ANSI/ASME standards to current versions) and do not impose any new or different requirements upon the regulated public. The central issue addressed by the proposed revisions is to clearly indicate to the regulated public the applicability of the various recent editions of the ANSI/ASME B30 standards to wire rope, wire rope slings, cranes and derricks.

SPECIFIC TECHNOLOGY OR EQUIPMENT

This proposal does not mandate the use of specific technology or equipment.

COST ESTIMATES OF PROPOSED ACTION

Costs or Savings to State Agencies
No costs or savings to state agencies will result as a consequence of the proposed revisions to Sections 3474 and 4884 because it imposes no new or added substantive requirements and merely consists of technical clarifying revisions of existing regulations, as described above. The proposal requires labeling only for newer crane equipment, which for the most part is provided with such labeling by the manufacturer. Therefore, the impact of the proposed labeling requirement is expected to be insignificant especially in comparison to the cost of the equipment. In addition, state agencies do not conduct operations with state employees utilizing equipment addressed in the proposed revisions.

Impact on Housing Costs
This proposal will not significantly affect housing costs.

Impact on Businesses
This proposal merely updates existing references to ANSI/ASME standards for new equipment and/or equipment recently placed in service. Those employers who use equipment which is not labeled as meeting the ANSI/ASME Standards will need to provide them. Costs will be negligible in relation to the cost of the equipment (crane or derrick).

Also, most of the wire rope slings in use today can already meet the table specifications of the current ANSI/ASME standard, especially given the average service life of wire rope slings. Practically all of the wire rope and sling equipment purchased in the last 2–5 years will meet the current ANSI/ASME B30.9 table specifications. Therefore, overall impact for the equipment addressed in the proposal is anticipated to be insignificant.

Cost Impact on Private Persons or Entities
None (see explanation under "Cost or Savings to State Agencies" and "Impact on Businesses").

Cost or Savings in Federal Funding to the State
No impact.

Cost or Savings to Local Agencies or School Districts Required to be Reimbursed
No cost to local agencies or school districts are required to be reimbursed. See explanation under "Determination of Mandate" above and "Impact on Businesses."

Other Nondiscretionary Costs or Savings Imposed on Local Agencies
None. See explanation under "Cost or Savings to State Agencies" and "Impact on Businesses".

DETERMINATION OF MANDATE

The Occupational Safety and Health Standard Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the state pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal. Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Construction". The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal. 3d 46.)

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public. Rather, these regulations require local agencies to take certain step to ensure the safety and health of their own employees only. Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d. 1478.) These proposed regulations do not impose unique requirements on local governments. All employers-state, local and private-will be required to comply with the prescribed standard.

PLAIN ENGLISH STATEMENT

It has been determined that the proposal may affect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

ASSESSMENT

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination jobs in the state of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective and less burdensome to affected private persons than the proposed action.