OSHA and riding the ball

Brian,

As you said, I know that you have been talking to Peter, but I asked him to comment here on the Buzz and this is his reply:

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Yeah, I've been talking to Brian King ever since he was inspected. This could be precedent-setting, so hang in there Brian.



Mahk is one of my crane gurus, and like he said the OSHA interpretation he quotes from is talking about personnel being hoisted in a "personnel platform" or "man-basket." When they say that this is a "de minimis" citation, they're basically saying that you violated the letter or their standard but not its intent. In other words, you're not going to be fined. OSHA's outlook changes completely when they see a climber dangling from the load line.



There is precedent in California, where Cal/OSHA first adopted an emergency provision and then made it a permanent provision that a climber can be hoisted with a crane. There's a saying that new laws get created in California and then blow east. I wish this one would.





- Peter
Peter Gerstenberger
Senior Advisor for Safety, Compliance & Standards
Tree Care Industry Association
"The Voice of Tree Care"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



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Thanks Peter!

I will speak with my father about this as well Brian. Sorry that you have to be the one standing up for us all, but I would gladly do it myself if ever tested! This has to be ammended for the sake of all our future.
 
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Yes,but if I pay the 750.00, I'm agreeing that I did something
wrong ...

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I think you guys are misinterpreting the citation and what TMW is trying to convey.






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I was referring to my citation which was also 750.00, though
I guess I never said that.

Norm, Already a TCIA member, so no problem there.
 
I didn't realize that your fine was the same amount as the one in TMW's link.

I agree with Mark C. and Peter G. This could be an important, precedent setting case for the industry. Sorry that you are the one taking the brunt of it, but we're all here to help--advice, photos, testimony, references.

Let us know how things procede.
 
OSHA or the guy next door , you'd have to admit that seeing a man /woman being lifted from a crane would look a bit odd . How ever you look at it , only the trained eye would see that this is safe . So , in my opinion , unless you make light of the situation it will always be dark . Maybe the guy (osha inspector) was driving down the road and saw this human being flying off a cable with a chain saw , hello ! fine . i can't say i'd blame him one bit .
 
Actually, you can't be attached to the ball:

" A qualified arborist may be hoisted into position utilizing a crane, if the arborist is tied in with an arborist climbing line and arborist saddle and secured to a designated anchor point on the boom line or crane."
 
Just tell them it was your personnel platform.


[ QUOTE ]
The hoisting of personnel using cranes or derricks is generally recognized as an inherently hazardous operation. The standard simply recognizes the fact that if no other method is available or safer; then under certain circumstances, personnel platforms may be used. Compliance officers will request that proof be presented that supports the necessity of using personnel platforms.

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This is also interesting ...
ANSI B30.5, Section 5-3.2.3(e), which states that "the operator shall not hoist, lower, swing, or travel while anyone is on the load or hook", is as follows:

1. This section refers to normal loads such as beams, girders, concrete buckets and etc.

2. Under controlled conditions, a special designed scale box or other guarded platform that is attached to the crane hook is permissible.

Controlled conditions should afford adequate protection with back-up safety devices to protect the employee(s) exposed,and are not limited to the two conditions specified in the Program Directive.
 
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