Petition for discretionary review – MSHA ruling effecting All Crane Operators and Riggers

(May 27, 2016) - Most of the industry is likely aware of the Federal Mine Safety and Health Review Commission’s recent (5/3/16) ruling against Sims Crane regarding workers walking below a spreader bar to connect rigging to the load stating, “The citation at issue alleges that Sims’ crane operator and helper did not stay clear of a suspended load, violating MSHA standard 30 C.F.R., section 56.16009.”  The section cited states “that [p]ersons shall stay clear of suspended loads” and, based on a dictionary definition of “load”, Judge McCarthy concluded “that the spreader bar constituted a ‘load’ for purposes of 30 C.F.R., section 56.16009.”  

This ruling is contrary to OSHA standards and could essentially prevent the attachment of rigging to loads, which would be extremely detrimental to the industry and crane operations across the country.  On May 23, 2016, Sims Crane filed the attached “Petition For Discretionary Review” which sets forth the specific facts and Sims arguments to overturn this MSHA Order.

SC&RA is working closely with other industry organizations, associations and labor unions and will be filing an Amicus Brief on behalf of our collective coalition.  In the meantime, if you are in agreement with the Association that the ruling is incorrect and detrimental to crane operations, please make certain your voice is heard.  As an SC&RA member, or NBIS insured company we are asking that you file the Amicus Notice form (attached) and join in support of an issue that will adversely impact the entire crane and rigging industry.  We, as an industry, cannot allow unrealistic, infeasible and burdensome citations to go unnoticed when they will impact the very nature of our businesses.  

MSHA allows interested parties request to be heard and/or join Sims position simply by having your attorney fill out the attached Notice form and filing the attached notice with the Commission.  Documents filed with the Commission shall be addressed to the Executive Director and mailed or delivered to the Docket Office, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710; facsimile delivery shall be transmitted to (202) 434-9954.

Docket No. SE 2015-315 A.C. No. 08-01336-381845 (B1758) Mine: S.D.I. Quarry MSHA Citation No.: 8819088

The deadline for filing an Amicus Notice is June 2nd. Do not delay as this deadline will not be extended. If you submit a notice, please forward a copy to Beth O’Quinn, SC&RA Vice President, as we continue to closely monitor this issue.  If you have any questions, contact Ms. O’Quinn at boquinn@scranet.org or 703-698-0291. We thank you in advance for your serious consideration of this matter.
Amicus Notice link: Amicus_notice_5-25-16
Petition For Discretionary Review - RESPONDENTS_PETITION_FOR_DISCRETIONARY_REVIEW_with_Exhibits

Thank you,

 
Beth Q'Quinn
Vice President, Crane & Rigging
703-698-0291
boquinn@scranet.org