CFR 178B - Crane and Derricks: Digger Derrick Exemption

On November 9, 2012, OSHA published a direct final rule and a companion notice of proposed rulemaking to broaden the exemption for digger derricks in its construction standard for cranes and derricks. OSHA received a significant adverse comment on the direct final rule during the comment period and, as a result, OSHA withdrew the direct final rule on February 7, 2013. After considering the adverse comment, on May 29, 2013, OSHA issued this final rule based on the notice of proposed rulemaking (Federal Register).

In this final rule, OSHA revised the exemption in 29 CFR 1926.1400(c)(4) to include within the exemption the phrase “any other work subject to Subpart V of 29 CFR Part 1926.” This revision expands the exemption to remove from coverage under subpart CC of 29 CFR Part 1926, nonpole, digger-derrick work. Second, OSHA added the phrase “to be eligible for this exclusion” at the beginning of the sentence requiring compliance with 29 CFR 1926 Subpart V and 29 CFR 1910.268. This revision limits the exemption to the use of digger derricks that comply with the requirements in 29 CFR 1926 Subpart V or 29 CFR 1910.268. Third, OSHA replaced the reference to 29 CFR 1910.269 with a reference to 29 CFR 1926 Subpart V in 29 CFR 1926.1400(c)(4).

The N. C. Commissioner of Labor adopted this final rule verbatim with an effective date of November 8, 2013.