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ILE: ADVISORI THINK YOU'VE PROTECTEDY O U R C O M P A N Y FROM A WRONGFULDEATH SUIT. THINK AGAIN!BY: L A R RY DUNVILLE, OVERHEAD CRANE CONSULTING, LLCTHE PROBLEM:Think you've done everything a prudent person should do to makesure your workers are safe? Think you've done everything necessaryto protect yourself and your company against a wrongful death suit?Well, I've got news for you, it's not good and here's why.In late 2017, I was one of four members of acommittee that was charged with creating a test forEOT crane inspectors to attain Inspector Certificationby the CCAA (Crane Certification Association ofAmerica). I had arranged our first meeting to be atwo-hour teleconference between the four membersof the committee.The committee were all CCAA members, and theteam was comprised ofi one PE with 40 years crane experience, one 30 year former crane manufacturingcompany owner (me), one inspector that started out with P&H and spentthe last 20 years as an owner of his own EOT craneinspection companya former EOT crane service manager of 15 yearsAll in all, over 100 years of EOT crane experience.Part of putting a test together is getting agreement,not only on the test questions but also the answers tothose questions. After an hour of discussion, we couldonly agree on answers and wording to one of the firstfive test questions. At that point, we stopped and tooka step back. We decided it made sense to get agreementon precisely what spec(s) we're going to use as the our"bible," before we argue the specific issues.The specs we tossedabout included; OSHA 1910.179, Overhead and Gantry Cranes ASME/ANSI B30.2, Overhead and Gantry Cranes,Top Running Bridge, Single or Multiple Girder, TopRunning Hoist12 S U M M E R 2018 INDUSTRIAL LIFTING EXCHANGEASME/ANSI B30.10, HooksASME/ANSI B30.11, Monorailand Underhung CranesASME/ANSI B30.16, OverheadHoists (Underhung)ASME/ANSI B30.17, Overheadand Gantry Cranes, Top Running/Single Girder Underhung Hoists ASME/ANSI B30.20, Belowthe Hook Lifting DevicesASME/ANSI BTH, Design ofBelow the Hook Devices CMAA Spec 70, Specification for Top Running &Gantry Type Multiple Girder Electric OverheadTraveling CranesCMAA Spec 74, Specification for Top Running &Under Running Single Girder Electric TravelingCranes Utilizing Under Running Trolley HoistNEC 70, Article 610, Cranes & HoistsAIST TR-06, Specification for Electrical OverheadTraveling Cranes for Steel MillsAIST-TR-13, Guide for the Design and Constructionof Mill Buildings (with cranes)The OSHA Clarifications: periodic letters ofclarification issued by OSHA in response to questionssubmitted to them- The ASME B30 Clarifications: periodic letters ofinterpretation issued by the committee in responseto questions sent to themThe CMAA Clarifications: periodic letters ofclarification published by CMAA in response toquestions submitted to them
ILE: ADVISOROSHA General Duty ClauseASMEJANSI B30.2:Overhead & Gantry CranesOSHA 1910 6OSHA 1910 i n c o r p o r a t i o n by Reference 4General IndustryCMAA 70: Double Girder C M A A 18: Guidelines lorOverhead & Gantry Cranes P r o f e s s i o n a l ServicesNEC 70. Article 610: Cranes & HoistsOSHA 1910.179Overhead and GantryCranesOSHA Opinions & Clanfication LettersKlock() Letter, 1972Specifically what type orcranes eel inspected")OSHAclarification tellers M i l e s Letter, 1984Pre-shift. paragraph 4.2 1How frequently required? C M A A 78 F r e q u e n t Table 4 11Periodic Table 4.4-1What documentalkines reaumred?CMAA 78-4830.2, Chapter 2-2EOT Crane InspectionRoadrnapOSHA 1910,1791What speciricatly getsinspected on my EOT cranesPre-shift. Table 4.2-1CMAA 78-4,Frequent, Table 4.3-2Periodic, Table 4 1 2 plus -Table 44-2CMAA 78, 4 1 Initial InspectionOne shut inspectionWhat are the differentclasses of EOT Crane LIrtspet hon.CMRegular InspectionsCMAA 78. Maio r mod ilspectlonAA78, 4.2 Pre-Shift InspectionC M A A 78, 4.3 Frequent InspectionCMAA 78, 4 4 Periodic Inspection2 2 1 Experience2 2 2 Physical QualificationsWho is qualtfled to' , aiapeilEOTcrenes7Crane InspectorCMAA 78- 2 22 2.3 Other Oualitications2.2 4 Requtred 1 taming., 2.2.5 Testing22.6 CertificationfLicens,ngWe then spent the remainder of our the meetingtrying to agree on what specifications we should beusing. We adjourned the meeting without agreement.Bottom line, four people with over 100 years ofexperience couldn't agree on the ultimate authoritylet alone the pertinent questions and answers todetermine certification.When four experts, with over 100 years ofexperience, can't agree on who's rules rule, what is acrane owner or maintenance manager supposed todo? Today, it's critical to understand that the ultimatearbiter is not OSHA, the final authority is a multimillion-dollar judgment resulting from an industrialaccident. If we can't define the rules, the winner will bethe party with the most expensive lawyer.A 1939 quote best describes the US safety codesfrom, no less than, Winston Churchill. While talkingabout Russia in the early days of WWII, Churchillsaid, "I cannot forecast to you the action ofRussia. It's a riddle wrapped in a mystery, insidean enigma."Much the same can be said about the ByzantineUS safety regs pertaining to overhead crane inspectionrequirements, and here's why.OSHA'S 5 0 YEAR "STRIKE O U T "AT AT TA I N I N G CLARITY:STRIKE ONE: O S H A 1910.179(j)While crane owners ask for "OSHA safety inspections"and inspection companies advertise providing"OSHA EOT crane inspections," OSHA saysprecious little about the specific requirements of anOverhead Crane inspection. Section 1910.179(j)Inspections, consists of just 667 words about EOTcrane inspection requirements.INDUSTRIAL LIFTING EXCHANGE S U M M E R 20181 3
ILE: ADVISORSTRIKE 2: OSHA 1910.6:INCORPORATION BY REFERENCEMost crane owners think 1910.179 is the full extent ofcrane regulation in OSHA. In fact, 1910.179 is just thetip of the iceberg. To fully understand the requirementsof OSHA, you need to start with 1910.6, a little-knownsection called "Incorporation by Reference."OSHA 1910.6 lists 197 other specifications andregulations and gives them the full force of law. Thesespecs include documents like the NEC (NationalElectric Code), AWS (American Welding Society codes)and 195 others.To give you an idea of the magnitude of 1910.6,if each of these "incorporated by reference docs are100 pages in length (a ballpark guesstimate), that'sanother 19,700 pages to learn, and if they cost 100each (ballpark price), it's going to cost you 19,700 tofind out what they say! This represents an unreasonableburden in both time and money for the average EOTcrane owner.After combing through this list of the 197referenced documents, documents that are, becauseof "incorporation by reference" considered to be partof OSHA, I have determined the following four specsto be of primary concern to people involved withEOT cranes.OSHA 1910.179: Overhead and Gantry Cranes (themaster document)ASME/ANSI B30.2: Overhead and Gantry Cranes,Top Running Bridge, Single or Multiple Girder, TopRunning Hoist (incorporated by reference)3. CMAA 70: Specification for Top Running & GantryType Multiple Girder Electric Overhead TravelingCranes (incorporated by reference)4. NEC 70, Article 610: Cranes & Hoists(incorporated by reference)Unfortunately, after combing these four documents,I failed to strike gold or anything even close to goldfor specifics on the requirements for EOT craneinspections. Here are the sad results;OSHA 1910.179: 667 words about craneinspectionsASME/ANSI B30.2: 1,407 total words about craneinspections (members of B30.2 have repeatedly toldWhere Do I Get B30.2 1943/1967 & E0C161Do you have the 1943 Version of 830.2?Does anybody?A little-known issue regarding the requirements of OSHAis the Incorporation By Reference as stated in 1910.6.To make things even harder, 1910.6 calls explicitly outthe 830.2 Overhead and Gantry Cranes 1943 and 1967version as well as the EOCI (Electric Overhead CraneInstitute, a precursor to the CMAA) 1961 version. Goodluck in finding anyone of those three documents!The good news is that a few years ago, in an OSHAletter of clarification, t h e OSHA representative statedthat modern versions o f listed specifications could beused as long as they are equal or more stringent thanthe original specifications.At this time, the current versions are as follows;ASME/ANSI B30.2: Overhead & Gantry Cranes, 2016(in place of 1943 and 1967)CMAA 70: Overhead xxx, 2015 (in place of EOCI 61)I think it's safe to say that both contemporary documentsmeet the "equal to or greater" clause.ASME/ANSI B 3 0 docs are available at:https://webstore.ansi.org/B30.16: Overhead Hoists (Underhung)Cranes Package: 196.00B30.2: Overhead & Gantry Cranes, 2016B30.11: Monorail and Underhung CranesB30.17: Overhead and Gantry Cranes, Top Running/SingleGirder Underhung HoistsOverhead Crane and Gantry Package: 136.00B30.2: Overhead & Gantry Cranes, 2016B30.16: Overhead Hoists (Underhung)CMAA docs are available at:http://www.mhi.org/publications?q &sort &page l&fq cat-bookstore:StandardsCMAA 70: Specification f o r Top Running & Gantry TypeMultiple Girder Electric Overhead Traveling Cranes 105.00CMAA 74: Specification f o r Top Running & Under RunningSingle Girder Electric Traveling Cranes Utilizing UnderRunning Trolley Hoist 105.00Hoist and Crane package: 2 6 4 . 0 0CMAA 78: Standards and Guidelines for ProfessionalServices Performed on Overhead and Traveling Cranesand Associated Hoisting Equipment 3 0 . 0 0B30.2: Overhead & Gantry CranesCMAA 79: Crane Operators Manual 10.00B30.2 Overhead and Gantry Cranes, 6 9 . 0 0B30.10: Hooks14 S U M M E R 2018 INDUSTRIAL LIFTING EXCHANGE
ILE: ADVISORme that OSHA lifted the OSHA verbiage directlyfrom the B30.2 paragraphs)3. CMAA 70: 37 total words on crane inspections4. NEC 70, ARTICLE 610. No crane inspectionsections, no crane inspection words, Zip-pityDo Dah, Zilch, Nothing!CMAA Specification 78: Standards and Guidelinesfor Professional Services Performed on Overhead andTraveling Cranes and Associated Hoisting Equipment.In spite of what might be the longest book title ever, it'sloaded with useful information. Here's a rundown ofthe topics covered in CMAA Spec 78;1. Crane Technician qualification requirementsSo OSHA has a mere 667 words regarding crane2. Crane Inspector qualification requirementsinspections, and although OSHA pulled a fast one and 3. Certification criteriaquietly added about another 19,700 pages of regulatory 4. Continuing Education training requirementsdocumentation, these additional documents provide5. Inspection typesonly another 777 words for a grand total of 1,444a. Pre-shiftwords specifically about overhead crane inspection.b. Frequent1,444 words can hardly be considered a "go to"c. Periodicsource for all the questions about EOT inspections.6. Inspection checklistIssues like, who's qualified to inspect EOT cranes, how7. Inspection frequencyoften, what documentation is required, what exactly is8. Inspection documentation requirementsrequired to be inspected, etc. By the way, at the time of9. Load Testingthe first draft of this paper you are reading, it had 2,519This spec book may not be the "Everything Youwords. That's 74% more words than OSHA and all ofWanted to Know About Crane Inspections," but it'sits subsidiary documents, about EOT crane inspectionthe most comprehensive guide I've found, providingrequirements added together!aproactive perspective on inspection and cranemaintenance. This is by no means a perfect solution,STRIKE THREE:but adoption of CMAA Spec 78 by both EOT craneOSHA's GENERAL DUTY CLAUSEowners and inspectors is a far better solution than theHere's the real kicker; where the Bible needed 10current system in which nothing is required, but inCommandments, OSHA needs just one, the Generalthe event of an accident, everything should have beenDuty Clause.anticipated. Spec 78 provides both the EOT craneSection 5(a)(1) of the Occupational Safety andHealth Act of 1970, employers are required to provide owner and the EOT crane inspector a reasonabletheir employees with a place of employment that is "free level of performance to adhere to. It also provides thefrom recognized hazards that are causing or are likely to guy on the floor with the best shot at a safe workingenvironment.cause death or serious harm."It is only fair and reasonable for the crane ownerWhat this means is that regardless of whetherandcrane inspector to have a specific written checklistOSHA has written a specific requirement, the employerastowhat is required of them. Further, it is only fairis still held to the standards of the General Duty Clause.In other words, even if the crane owner has conformed and reasonable for the person on the shop floor to alsoto every element of OSHA and it's 197 "Incorporated havea checklist of the minimum requirements for asafe workplace and therefore the knowledge to lodge aby Reference" helper specs, they may still be heldresponsible for a worker accident. Further, since in most complaint if they're not being provided.In lieu of specific requirements for crane inspections,states, injured employees are precluded from suing theirtobea successful bidder (low bidder), inspectors mustemployer under Workman's Comp, the crane inspectorinspectless, do less or high cheaper and therefore lessand the crane repair company become the primaryskilledinspectors.As the system is currently configured,target in the crosshairs of the Plaintiff's lawyer.thereisnominimumbaseline that inspection biddersThe "General Duty Clause" is the real worldmustbidto.Thiscreatesa "race to the bottom" which isequivalent the 1978 movie "Animal House" in whichterribleforinspectors,craneowners and most of all theJohn Belushi and the Delta's were put on "Doubleworkersusingthecranes.Secret Probation" by Dean Wormer.Are the guidelines provided by Spec 78 required?In other words, in the event of an accident, can anA PRACTICAL PROPOSAL TO OVERCOMEOSHA'S CLARITY PROBLEM:owner or i
CMAA 70: Specification for Top Running & Gantry Type Multiple Girder Electric Overhead Traveling Cranes (incorporated by reference) 4. NEC 70, Article 610: Cranes & Hoists (incorporated by reference) Unfortunately, after combing these four documents, I failed to strike gold or anything even close to gold for specifics on the requirements for EOT crane inspections. Here are the sad results .
