OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
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OSHA proposes to update its standard for cranes and derricks in construction by permanently extending and clarifying each employerâs duty to ensure the competency of crane operators through required training, certification or licensing, and evaluation. The NPRM would require an employer to document an operatorâs successful completion of an evaluation. Documenting completion of the evaluation provides a record of whether the operator can safely and competently use particular equipment.
The rulemaking will identify criteria for employers to follow to ensure their crane operators are completely qualified to operate cranes safely on construction work sites. In the 2010 final cranes standard, the Agency established crane operator certifications as the sole criterion for operator safety. Certification is virtually always provided by third party testing entities. Following publication of the final crane standard, stakeholders informed the Agency that certification did not by itself establish a safe enough level of experience and competence--employers must be responsible to ensure that crane operators are qualified. The Agency responded by publishing a final rule postponing the deadline for operator certification and extending the employer duty to permit the Agency to conduct rulemaking, if necessary, on operator qualification.
The Agency is requesting a total burden hour program change increase of 4,773 hours related to new evaluation documentation burden hours for 29 CFR 1926.1427(f). The increase is also related to increase certification recordkeeping costs consistent with the PEA assumptions. The Agency is not requesting capital costs associated with the NPRM.
The Agency is seeking approval for this Supporting Statement under a new OMB Control number because there is a pending, separate revision of the comprehensive Cranes and Derricks in Construction Standard ICR (OMB Control Number 1218-0261) for another rulemaking under development. Since this is a new IC, at this time the Agency can only report changes as Program Changes in OMBâs data base. However, the estimated burden hour and costs adjustments estimated in this package will be counted when this IC is merged with the existing Cranes and Derricks in Construction Standard ICR.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Cranes and Derricks in Construction 83 FR 23535 (05.21.18) 2018-10559.pdf
Cranes and Derricks Operator Cert NPRM Supporting Statement 05.14.18 nt.doc
Cranes and Derricks in Construction (29 CFR 1926, Subpart CC): Operator Qualificatoin