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  (Subpart CC) 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) - Scope to include within the exemption the phrase “any other work subject to Subpart V - Electric power transmission and distribution, 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 - Telecommunications. 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.

Also reference  CPL 02-01-057, Compliance Directive for the Cranes and Derricks, SN 44 - Upper and Lower Controls on Vehicle-mounted Elevating and Rotating Work Platforms, CFR 178A - Cranes and Derricks: Underground Construction and Demolition, CFR 178 - Cranes and Derricks, CFR 178C - Cranes and Derricks: Operator Certification, CFR 178D - Cranes and Derricks in Construction: Operator Certification Extension, CFR 178E - Cranes and Derricks in Construction: Operator Qualification, CFR 178F - Cranes and Derricks in Construction: Railroad Roadway Work. Additional resources and information can be found on the safety and health topic page for Cranes and Derricks.