INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS

TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Articles 14, 90, 92, 93, and 96;
Sections 3472(b), 4884, 4886, 4907(b)(2), 4924(b), and 4965(a) 

Cranes and Other Hoisting Equipment With Regard to Manufacture Dates;

and the Use of Load Indicating and Load Moment Devices




SUMMARY

 

Section 4884 of the General Industry Safety Orders (GISO) is the scope section of Group 13 safety orders applicable to the operation of derricks, cranes, and boom-type excavators.  The scope statement of Section 4884 contains specific requirements that cranes and derricks be designed, constructed and installed in accordance with applicable ANSI/ASME national consensus standards for various cranes and derrick types depending on when the equipment was “placed in service.”  This rulemaking action was initiated to address concerns that the term “placed in service,” as used in Section 4884, could be interpreted to mean that older cranes and derricks to meet current national consensus standards which, in some cases, is not practicable or feasible.  For example, an older crane designed to the appropriate ANSI/ASME standard at the time of manufacture, and safely operating in another state, could be required to undergo modifications consistent with the latest ANSI/ASME publications if the crane was moved and “placed in service” in California.  The proposal also makes minor amendments for clarity to the general scope section for tower cranes.

 

Furthermore, the proposal addresses the use of load indicating/load moment devices.  Existing regulations require that these devices, used by crane operators to monitor loads and prevent overload conditions, be “approved” by the Division of Occupational Safety and Health (Division).  The proposal will require that load indicating/load moment devices be “approved” as defined in GISO Section 3206, in lieu of “Division” approval.


SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

 

General Industry Safety Orders, Section 3472. Cranes and Other Hoisting Equipment.

 

Section 3472(b)

 

GISO Section 3472 is located in Group 3, Article 14 regulations pertaining to marine terminal operations.  Subsection (b) requires every crane that is not part of a vessel’s permanent equipment to be equipped with a load indicating device, a load moment device, or a device that prevents an overload condition.  The existing regulation requires that only devices approved by the Division shall be used. 

 

A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206 of the General Industry Safety Orders.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  Load indicating devices are manufactured in conformance with national consensus standards such as the Society of Automotive Engineers (SAE) J376 standard, “Load Indicating Devices in Lifting Crane Service.”  Load moment devices are manufactured in conformance with standards such as the SAE J159 standard, “Load Moment System.”  It is, therefore, unnecessary for the Division to approve these devices.  The proposal is necessary to remove the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.

 

The existing language in subsection (b) states that the use of load indicating and load moment devices is required for use on equipment effective May 15, 1975, which is one year after the devices were approved and available for the market.  This language is outdated and proposed for deletion because these devices have been available for over 25 years.

 

Section 4884. Scope. (Group 13. Cranes and Other Hoisting Equipment.)

 

Section 4884 contains specific requirements that the design and installation of cranes and derricks shall be in conformance with applicable national consensus standards (i.e., ANSI and/or ASME B30 standards). 

 

Subsection (b)

 

Subsection (b) requires hammerhead tower cranes placed in service after May 16, 1993 to conform to ASME B30.3-1990, Hammerhead Tower Cranes.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The manufacture date of a crane is readily identifiable as opposed to determining when a crane is “placed in service” in California. The term “placed in service” as used in Section 4884 could be subject to an interpretation that would require older cranes and derricks to meet current national consensus standards which in some cases, is not practicable, necessary or feasible.  The proposed amendment is necessary to provide clarity to the regulations and consistency as to the criteria used to establish the design and installation requirements for cranes.

 

Subsection (c)(1)(A)

 

Subsection (c)(1)(A) requires that cranes and derricks placed in service after September 28, 1986, through June 23, 1999, shall be designed, constructed and installed in accordance with applicable ANSI/ASME standards listed for various crane and derrick types depicted in the subsection.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment is necessary to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (c)(1)(B)

 

Subsection (c)(1)(B) requires that cranes and derricks placed in service after June 23, 1999 shall be designed, constructed and installed in accordance with applicable ANSI/ASME standards listed for various crane and derrick types depicted in the subsection.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment is necessary to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (c)(2)

 

Subsection (c)(2) requires that articulating boom cranes manufactured and placed in service after May 16, 1993 conform to design requirements in accordance with ASME/ANSI B30.22-1987, and B30.22a-1988 Addenda, for “Articulating Boom Cranes”, or that these crane types are approved as required by the provisions of Section 3206.  An amendment is proposed to delete the phase “and placed in service.”  The proposal is necessary to provide clarity to the regulation and ensure the manufacture date of the crane determines the applicable ASME/ANSI standard for the crane design.

 

Subsection (d)(1)

 

Subsection (d)(1) states that except as provided in subsection (d)(2), all cranes and derricks placed in service prior to September 28, 1986, shall be designed, constructed and installed in accordance with the applicable ANSI standards listed for specific crane and derrick types depicted in subsection (d)(1).  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment is necessary to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (d)(2)

 

Subsection (d)(2) states that cranes placed in service prior to January 15, 1974, shall be modified to comply with applicable regulations in Group 13, Cranes and Other Hoisting Equipment, unless it can be shown during the process of certification that a crane cannot feasibly or economically be modified to comply with any one or more applicable requirements and the crane substantially complies with applicable Group 13 regulations and the ANSI or other design standard to which the crane was manufactured.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment is necessary to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Article 92. Cranes (Except Boom-Type Mobile Cranes)

 

Section 4886. Purpose. 

 

Section 4886 specifies the types of cranes that are subject to the requirements of Article 92.  Such cranes include traveling or bridge cranes, storage cranes, gantry cranes, portal cranes, jib cranes, pillar cranes, hammerhead cranes, pintle cranes, wall cranes, and polar cranes of rated capacity exceeding one ton.  A proposed amendment is necessary to relocate the reference to “hammerhead cranes” to Article 96, Tower Cranes, Section 4965 where it is more appropriately located, as “hammerhead cranes” are generally known in industry as a type of “tower crane.”

 

Section 4907. Capacity Marking and Load Indication. 

 

Section 4907 contains capacity marking and load indication requirements for cranes except boom-type mobile cranes. 

 

Subsection (b)(2)

 

Subsection (b)(2) requires that cranes having either a maximum rated boom exceeding 200 feet or a maximum rated capacity exceeding 50 tons shall be equipped with a load indicating device, a load moment device, or a device that prevents an overload condition.  The regulation specifies that only devices approved by the Division shall be installed.  A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  The proposed amendment is necessary to remove the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.  [Also, see the rationale for Section 3472(b).]

 

Article 93. Boom-Type Mobile Cranes

 

Section 4924. Load Safety Devices.

 

Section 4924 requires boom-type mobile cranes having a rated capacity exceeding one ton to be equipped with safety devices to enhance the safe loading and operation of cranes. 

 

Subsection (b)

 

Subsection (b) requires certain mobile cranes including truck-mounted cranes, having either a maximum rated boom length exceeding 200 feet or a maximum rated capacity of 50 tons to be equipped with a load indicating/load moment device, or a device that prevents an overload condition.  The regulation specifies that only devices approved by the Division shall be installed.  A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  The proposed amendment is necessary to remove the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.  [Also, see the rationale for Section 3472(b).]

 

Article 96. Tower Cranes

 

Section 4965. General

 

Subsection (a)

 

Section 4965(a) states that the requirements of Article 96 (Tower Cranes) applies to cranes of the general type such as those having a revolving horizontal boom with counterweight on a single vertical mast.  An amendment is proposed to delete language indicating that Article 96 applies to cranes “of general type such as those having a revolving horizontal boom with counterweight on a single vertical mast.”  In place of the deleted language, proposed amendments will state that the Article applies to all tower cranes including hammerhead, climber, free standing, mobile, and self-erector types.  The proposed amendment is necessary to clarify the general scope section of Article 96 and list certain types of tower cranes that are defined in the definition section for cranes, Section 4885.

 

DOCUMENTS RELIED UPON

 

1.      1992 Society of Automotive Engineers, Inc. (SAE) Handbook, Volume 4, On-Highway Vehicles & Off-Highway Machinery, J376 April 85 standard, “Load Indicating Devices in Lifting Crane Service.”

 

2.      1992 Society of Automotive Engineers, Inc. (SAE) Handbook, Volume 4, On-Highway Vehicles & Off-Highway Machinery, J159 April 85 standard, “Load Moment System.”

 

3.      Memorandum dated June 18, 1999 from John Howard, Chief of the Division of Occupational Safety and Health, requesting modification to Section 4886.

 

4.      Memorandum dated June 18, 1999 from John Howard, Chief of the Division of Occupational Safety and Health, requesting modification to Section 4924(a).

 

5.      Request for interpretation of the phrase “placed in service” dated August 27, 1999 from Bradley D. Closson, Executive Vice President, North American Crane Bureau West, Inc.

 

These documents are available for review Monday through Friday from 8:00 a.m. to 4:30 p.m. at the Standards Board Office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California.


REASONABLE ALTERNATIVES THAT WOULD LESSEN ADVERSE ECONOMIC

IMPACT ON SMALL BUSINESSES

 

No reasonable alternatives were identified by the Board and no reasonable alternatives identified by the Board or otherwise brought to its attention would lessen the impact on small businesses.

 

SPECIFIC TECHNOLOGY OR EQUIPMENT

 

This proposal will not mandate the use of specific technologies 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 action.

 

Impact on Housing Costs

 

The Board has made an initial determination that this proposal will not significantly affect housing costs.

 

Impact on Businesses

 

The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

 

Cost Impact on Private Persons or Businesses

 

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

 

Costs or Savings in Federal Funding to the State

 

The proposal will not result in costs or savings in federal funding to the state.

 

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

 

No costs to local agencies or school districts are required to be reimbursed.  See explanation under “Determination of Mandate.”

 

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

 

This proposal does not impose nondiscretionary costs or savings on local agencies.

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a local mandate.  Therefore, reimbursement by the State is not required 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 Constitution.”

 

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 steps 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 standards.

 

EFFECT ON SMALL BUSINESSES

 

The Board has determined that the proposed amendments may affect small businesses.

 

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 of existing businesses or create or expand businesses in the State of California.

 

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

 

No reasonable alternatives have been identified by the Board or have otherwise been identified and brought to its attention that would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

 

 

 

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