OSHA Delays Documentation Requirement But Can Cite for Lack of Good Faith Effort

- Last week, OSHA announced it is delaying full enforcement of its requirement for employers to evaluate their crane operators. In a memo, dated February 7, 2019, Scott Ketcham, OSHA Acting Director of the Directorate of Construction, said that OSHA has received feedback from the construction industry indicating some employers may need more time to document evaluations of crane operators prior to the February 7, 2019, effective date. During the first 60 days of enforcement (until April 15, 2019), OSHA will evaluate good faith efforts taken by employers in their attempt to meet the new documentation requirements for operators of cranes used in construction. During this period, OSHA intends to offer compliance assistance, in lieu of enforcement, for those employers who have evaluated operators in accord with the final rule and are making good faith efforts to comply with the new documentation requirement. If, upon inspection, it is determined that an employer has failed to make sufficient efforts to comply, OSHA should cite for that deficiency.

This temporary policy applies only to the documentation requirement.  OSHA is fully enforcing the requirement that employers evaluate their operators before allowing them to operate cranes independently. To access the forms necessary to evaluate your operators and be in compliance, visit scranet.org/OSHA. For more information, contact Beth O’Quinn.

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