179 does not "require load testing for new, used, or modified overhead and gantry cranes. Hagerty which states that "rated load tests are required for new and altered cranes." However, on September 9, 1994, OSHA's Region 5 Office issued a letter of interpretation to you stating that. 6, which provides that only mandatory provisions, that is, provisions containing the word "shall" or other mandatory language of standards incorporated by reference, are adopted as standards by OSHA.Īs you note in your letter, on March 4, 1991, OSHA's National Office issued a letter of interpretation regarding. This deletion was consistent with OSHA's standard at. Included in the final rule was the deletion of the first two sentences from the standard at. On February 10, 1984, OSHA issued a final rule, Revocation of Advisory and Repetitive Standards, which revoked several provisions in that used the word "should," or other advisory language instead of the mandatory "shall." See, 49 Federal Register 5318. The ANSI standard states in paragraph 2-2.2.2 that, "rior to initial use, all new, extensively repaired, and altered cranes should be tested by or under the direction of an appointed or authorized person and a written report furnished by such person, confirming the load rating of the crane." OSHA had incorporated this "should" statement into. OSHA adopted ANSI B30.2.0-1967, Overhead and Gantry Cranes, in its standard at. Prior to 1984, OSHA maintained that all standards, regardless of whether the term "should" or "shall" was used, created mandatory compliance responsibilities. Some of these standards contained advisory provisions, including the use of the term "should," which were adopted verbatim by OSHA. Your questions are paraphrased and our responses follow.īackground: When OSHA first promulgated its safety and health standards, it adopted several industry consensus standards, including standards published by the American National Standards Institute (ANSI). This constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question not delineated within your original correspondence. Your letter has been referred to DEP's Office of General Industry Enforcement (GIE) for a clarification of OSHA standard.
Thank you for your March 18, 2009, letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs (DEP).
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