C-DAC Proposed Rule
Crane Committee Response Comments Form
Please type your name in the gray box below.
The OSHA proposed rule section text and rationale follow. At the
end is the space for your comments.
Please comment on any or all sections, save the document, and
return to Erin (email@example.com) by Nov. 18 or before.
Section 1429: Qualifications of Maintenance & Repair Employees
1926.1429 Qualification of Maintenance & Repair Employees.
Proposed OSHA Language
(a) Maintenance, inspection and repair personnel are permitted to operate the
equipment only where the following requirements are met:
(1) The operation is limited to those functions necessary to perform maintenance,
inspect or verify the performance of the equipment.
(2) The personnel either:
(i) Operate the equipment under the direct supervision of an operator who meets
the requirements of Sec. 1926.1427 (Operator qualification and certification), or
(ii) Are familiar with the operation, safe limitations, characteristics and
hazards associated with the type of equipment.
(b) Maintenance and repair personnel shall meet the definition of a qualified
person with respect to the equipment and maintenance/repair tasks performed.
This proposed section addresses the qualifications that the workers who maintain
and repair cranes/derricks must possess. Subpart N of this part currently contains no
provisions concerning the qualifications of maintenance and repair workers.
The Committee had two basic concerns regarding maintenance and repair work. First,
it was aware of accidents that had occurred when the equipment that was being
maintained or repaired was operated improperly. For example, a maintenance worker who
booms down a mobile hydraulic crane to one side without following the manufacturer's
instructions for deploying outriggers may overturn the equipment. C-DAC believed that
placing restrictions on equipment operations during such work would help prevent such
Second, the Committee sought to avoid hazards that can result from maintenance and
repair work that is done improperly by ensuring that maintenance and repair workers
are sufficiently qualified to perform their work. For example, if a load-bearing
component is removed for maintenance or repair and re-installed incorrectly,
unintended movement of the load or even a collapse could occur during operations.
The Committee was aware that maintenance and repair workers sometimes need to
operate equipment in order to perform maintenance, inspect or verify the performance
of the equipment. This work typically involves operating the equipment to get access
to components, diagnose problems and check repairs.
C-DAC did not believe it necessary for maintenance, inspection and repair
personnel to meet the requirements in proposed Sec.1926.1427, Operator qualification
and certification, when operating equipment for such purposes. The operations involved
for these purposes are almost always done without a load on the hook. The only
instance when there is a load on the hook is if the equipment is load tested. However,
even when load testing, the operation is very limited, since the load is not moved
about as it would be during crane operations.
While such limited operation does not, in C-DAC's view, necessitate the
maintenance, inspection or repair personnel to meet the proposed Sec. 1926.1427
requirements, a failure to operate the equipment properly even in these limited
circumstances can result in accidents from, for example, unintended movement or tip-
over. Therefore, this proposed paragraph would permit maintenance and repair workers
to operate equipment during their work only under specific restrictions designed to
Specifically, under proposed paragraph (a)(1), maintenance and repair workers
would be permitted to operate the equipment only to the extent necessary to perform
maintenance, inspect or verify the performance of the equipment. Under this provision,
maintenance and repair workers would not be permitted to operate the equipment during
Proposed paragraph (a)(2) would require the maintenance and repair worker who
operates equipment to either (i) do so under the direct supervision of an operator who
meets the requirements of Sec. 1926.1427, Operator qualification and certification,
or (ii) be familiar with the operation, safe limitations, characteristics and hazards
associated with the type of equipment involved.
Proposed paragraph (b) provides that maintenance and repair personnel must meet
the definition of a qualified person with respect to the equipment and
maintenance/repair tasks they perform. Proposed Sec.1926.1401 defines ``qualified
person'' as ``a person who, by possession of a recognized degree, certificate, or
professional standing, or who by extensive knowledge, training, and experience,
successfully demonstrated the ability to solve/resolve problems relating to the work,
the subject matter, or the project.'' In light of the safety hazards that could result
from maintenance and repairs that are performed improperly, C-DAC believed that it was
necessary for maintenance and repair workers to meet the ``qualified person''
The Committee believed that many current maintenance and repair workers have
received comprehensive, in-depth, on-the-job training from highly experienced
supervisors and/or co-workers and have become highly experienced themselves. Because
of such extensive training, long experience and high level of knowledge, the term
``qualified persons'' under this provision would include such workers under the prong
for ``extensive knowledge, training, and experience.''
Committee Member Comment
1. Please either accept proposed language by typing “Accept” by placing your cursor in the gray box
below and begin typing or
2. Type your suggested revision of the text (meaning a whole sentence or the whole section retyped as
you would want to see it)
3. Save your changes and e-mail back to Erin (firstname.lastname@example.org)