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2013

OSHA Confirms Industry Opposition to Capacity Testing

April 2013 - If further evidence was needed of industry’s objections to OSHA’s position on certifying crane operators by capacity, OSHA has itself provided it in its official record of the Stakeholders Meetings it held in April and which the Agency has now published on its website.

Of the slightly more than 100 comments made by industry representatives recorded by OSHA, just two support OSHA’s position. Also, almost no-one agreed with OSHA’s stance on the related question of whether certification is equivalent to qualification (OSHA says it is) and many, including another federal agency, provided ample evidence why this could, as a practical matter, be the case. None of the certification bodies agrees with OSHA on this aspect.

What industry support there was for OSHA’s position came mainly from the electrical industry which has requested further exemptions from the rule and which is still engaged in litigation with OSHA on the matter.

“With 98 percent of the industry that responded to OSHA’s invitation to share their views on these two issues declaring their opposition to OSHA’s position, it’s easy to see why NCCCO has taken no further action to modify its CCO certification programs,” said NCCCO Executive Director, Graham Brent. “We urge OSHA to listen to the stakeholders who will be affected by this rule and take all appropriate and necessary action.”

Jim Maddux, Director of OSHA’s Directorate of Construction, stated at the April meetings that among the action available to the Agency was issuing a Letter of Interpretation or a Directive, or conducting additional rule making.