OSHA citation

S

SolesTree

Location
Middle Ga
Friday we were taking down a large Red Oak with a crane when a man from OSHA walked onto my job. He talked with each of us privately and took pics of everything. He took pics of my climber's rope and saddle as well as mine, he photographed our hitch climber set up, our crane tie in, biners and hitch cord, saws etc.. He said everything looked good. Everybody was using ppe and our job site was secure. He then handed me a form to fill out and sign, said it was routine. He said it was to document our visit. Before he left I asked him again if there was anything I should be concerned with or be doing differently. He told me that he needed to talk to his supervisor about us being lifted into the tree by the crane, but everything seemed ok. Well today OSHA called to inform me that I would receive a citation by certified mail in about two weeks. When I asked what for he replied that I was not allowed to be lifted into the tree by the crane. I was only to be lifted by the crane if there were no other options. He then told me that after receiving my citation that I could arrange for an informal interview with his supervisor to plead my case.
Ok I've got a Red Oak eighty five or ninety feet tall with one leader leaning over an office building. The tree was hit by lightening several years prior leaving some serious decay issues. The leader over the office looked like a canoe from the top and had been dropping limbs one of which put a hole through the roof a week earlier. Do I climb out on this or ride?
Has anyone else gone through this? What should I expect?
 
Do you have any pictures of the tree and the condition it was in? If you do, show them to the inspector. It might help you plead you case. Good luck.
 
Lawyer up? Maybe?

The important thing is to understand the specific law, regulation, and section you are charged under.

You will be cited for riding a crane but it will be in contravention of a specific section of the regulations.

The topic of riding cranes has been beaten over the years. Can you find an article in TCI or Arborist news to show that this is general, safe, accepted practice? It must be out there, and will help to show your side of the case.
 
Almost the exact same thing happened to a company in our area, the crane company was the same company we use. I'll ask how it was resolved and see if its anything that can help you.

OSHA and ANSI have to work this out. OSHA doesn't seem to be educated enough.
 
Thanks. I do have pics. The specific law is ( cpl 02-01-045) . Member of ISA, but not TCIA.
I just read this on OSHA's website." (1910.180(h)(3)(v) among other requirements,the standard prohibits hoisting an individual on the crane load or hook. This requirement applies even though the American National Standard for arboricultural operations, ANSI Z133.1-2006, 5.7.9, allows the hoisting of personnel into position with a crane. An employer's reliance on the ANSI is therefore not a defense to a violation."
 
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Are you a member of TCIA?

They might be able to assist non-members.

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That's what I was going to say too Tom. Being a member of ISA won't help you here, but TCIA has specific instructions and help on how to handle an OSHA visit/citation.

You also should be referring to the new ANSI Z-133 2012 edition and not the old 2006 one. They have changed the requirements for tie in methods to the crane as well.

Contact Peter Gerstenberger from TCIA. He is the Senior Advisor for Safety, Compliance & Standards. His email address is below.

Peter Gerstenberger [PGerstenberger@tcia.org]
 
Welcome to the legal world, this is what I found very quickly.


From OSHA

"Using cranes or derricks to hoist personnel poses a significant risk to employees being lifted. To help prevent employee injury or death, the Occupational Safety and Health Administration (OSHA) regulation, Title 29 Code of Federal Regulations 1926.550, limits the use of personnel hoisting in the construction industry and prescribes the proper safety measures for these operations.

Personnel platforms that are suspended from the load line and used in construction are covered by 29 CFR 1926.550(g). In addition, there is no specific provision for suspended personnel platforms in Part 1910. The governing provision, therefore is general provision 1910.180(h)(3)(v), which prohibits hoisting, lowering, swinging, or traveling while anyone is on the load or hook. OSHA has determined, however, that when the use of a conventional means of access to any elevated worksite would be impossible or more hazardous, a violation of 1910.180(h)(3)(v) will be treated as "de minimis" if the employer has complied with the provisions set forth in 1926.550(g)(3), (4), (5), (6), (7), and (8).

The OSHA rule for hoisting personnel is written in performance-oriented language that allows employers flexibility in deciding how to provide the best protection for their employees against the hazards associated with hoisting operations and how to bring their work sites into compliance with the requirements of the standard.

This discussion covers OSHA's requirements for hoisting personnel by crane or derrick in the construction industry, prescribes the measures employers must take to bring their work operations into compliance, and describes safe work practices for employees; but it is not a substitute for the actual OSHA rule.

CRANE AND DERRICK OPERATIONS

The OSHA rule prohibits hoisting personnel by crane or derrick except when no safe alternative is possible. Based on the review of the record, OSHA determined that hoisting with crane- or derrick-suspended personnel platforms constitutes a significant hazard to hoisted employees and must not be permitted unless conventional means of transporting employees are not feasible or unless they present greater hazards. OSHA determined that compliance with the provisions of this standard will provide the best available protection for personnel being hoisted by these platforms in those limited situations where such hoisting is necessary.

Where conventional means (e.g., scaffolds, ladders) of access would not be considered safe, personnel hoisting operations, which comply with the terms of this standard, would be authorized. OSHA stresses that employee safety—not practicality or convenience—must be the basis for the employer's choice of method."

So by OSHA standards you need to show that riding the crane was not only safe but that convential means (climbing)of tree access, in this specific tree, is unsafe.

Good Luck
 
While the OSHA reg gives you some discretion it may also limit you to a personnel platform. First you'll need to demonstrate that hoisting personnel was safer AND that the personnel platform used, i.e., the saddle and climb line meets the definition of a personnel platform for the purposes of crane suspended personnel platform.

Start lining up your supporting documentation and TCI.

While it has been argued that the method we use to access via crane is safe, technically it still is in contravention of the act. Like it or not. It is ultimately seen in the eyes of OSHA that it is a practicality or convenience. They don't look kindly or that sort of justification when it, in their view, puts employees at an unnecessary risk.

Until the rule is changed we take the risk of being cited. We can't complain if we get caught for knowingly violating any rule that governs how we perform. This is the cost of doing business.
 
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Welcome to the legal world, this is what I found very quickly.


From OSHA

"Using cranes or derricks to hoist personnel poses a significant risk to employees being lifted. To help prevent employee injury or death, the Occupational Safety and Health Administration (OSHA) regulation, Title 29 Code of Federal Regulations 1926.550, limits the use of personnel hoisting in the construction industry and prescribes the proper safety measures for these operations.

Personnel platforms that are suspended from the load line and used in construction are covered by 29 CFR 1926.550(g). In addition, there is no specific provision for suspended personnel platforms in Part 1910. The governing provision, therefore is general provision 1910.180(h)(3)(v), which prohibits hoisting, lowering, swinging, or traveling while anyone is on the load or hook. OSHA has determined, however, that when the use of a conventional means of access to any elevated worksite would be impossible or more hazardous, a violation of 1910.180(h)(3)(v) will be treated as "de minimis" if the employer has complied with the provisions set forth in 1926.550(g)(3), (4), (5), (6), (7), and (8).

The OSHA rule for hoisting personnel is written in performance-oriented language that allows employers flexibility in deciding how to provide the best protection for their employees against the hazards associated with hoisting operations and how to bring their work sites into compliance with the requirements of the standard.

This discussion covers OSHA's requirements for hoisting personnel by crane or derrick in the construction industry, prescribes the measures employers must take to bring their work operations into compliance, and describes safe work practices for employees; but it is not a substitute for the actual OSHA rule.

CRANE AND DERRICK OPERATIONS

The OSHA rule prohibits hoisting personnel by crane or derrick except when no safe alternative is possible. Based on the review of the record, OSHA determined that hoisting with crane- or derrick-suspended personnel platforms constitutes a significant hazard to hoisted employees and must not be permitted unless conventional means of transporting employees are not feasible or unless they present greater hazards. OSHA determined that compliance with the provisions of this standard will provide the best available protection for personnel being hoisted by these platforms in those limited situations where such hoisting is necessary.

Where conventional means (e.g., scaffolds, ladders) of access would not be considered safe, personnel hoisting operations, which comply with the terms of this standard, would be authorized. OSHA stresses that employee safety—not practicality or convenience—must be the basis for the employer's choice of method."

So by OSHA standards you need to show that riding the crane was not only safe but that convential means (climbing)of tree access, in this specific tree, is unsafe.

Good Luck

[/ QUOTE ]

This does not apply to tree trimming or tree removal. As per OSHA 1926.1400(c)(13).

This is the exclusions for the standard
 
+1 on talking to Peter G at TCIA. We were cited a few years ago for the same thing. My father called him and he was going to Washington to lobby for this very reason. Luckily, it was a first offense; small fine, but really opened our eyes to the fact that Uncle Sam doesn't really care if you're safe, he just wants a piece of your pie.

If you don't want to get busted riding the hook you've got to have all other ground covered (PPE, inspections, signage, etc.).I know you need to be a cert. arb. to ride the hook. Even then you're not 100%, but you don't give them any other ammo to fine you for. They will always go for the "unless-there's-no-safer-method" route. Tree humper is right, this is the risk we take given the tools we have to work with, until the rule is changed.

My father (owner of the business) spoke calmly with the OSHA inspector and didn't blow up on him. I think this is a big part too. Sure enough 1 year later the same inspector searched us out and found us, all up to spec.

You've got to play their game even if a lot of it is unnecessary and ridiculous. Bureaucrats trying to run a blue collar trade.
 
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[ QUOTE ]
Welcome to the legal world, this is what I found very quickly.


From OSHA

"Using cranes or derricks to hoist personnel poses a significant risk to employees being lifted. To help prevent employee injury or death, the Occupational Safety and Health Administration (OSHA) regulation, Title 29 Code of Federal Regulations 1926.550, limits the use of personnel hoisting in the construction industry and prescribes the proper safety measures for these operations.

Personnel platforms that are suspended from the load line and used in construction are covered by 29 CFR 1926.550(g). In addition, there is no specific provision for suspended personnel platforms in Part 1910. The governing provision, therefore is general provision 1910.180(h)(3)(v), which prohibits hoisting, lowering, swinging, or traveling while anyone is on the load or hook. OSHA has determined, however, that when the use of a conventional means of access to any elevated worksite would be impossible or more hazardous, a violation of 1910.180(h)(3)(v) will be treated as "de minimis" if the employer has complied with the provisions set forth in 1926.550(g)(3), (4), (5), (6), (7), and (8).

The OSHA rule for hoisting personnel is written in performance-oriented language that allows employers flexibility in deciding how to provide the best protection for their employees against the hazards associated with hoisting operations and how to bring their work sites into compliance with the requirements of the standard.

This discussion covers OSHA's requirements for hoisting personnel by crane or derrick in the construction industry, prescribes the measures employers must take to bring their work operations into compliance, and describes safe work practices for employees; but it is not a substitute for the actual OSHA rule.

CRANE AND DERRICK OPERATIONS

The OSHA rule prohibits hoisting personnel by crane or derrick except when no safe alternative is possible. Based on the review of the record, OSHA determined that hoisting with crane- or derrick-suspended personnel platforms constitutes a significant hazard to hoisted employees and must not be permitted unless conventional means of transporting employees are not feasible or unless they present greater hazards. OSHA determined that compliance with the provisions of this standard will provide the best available protection for personnel being hoisted by these platforms in those limited situations where such hoisting is necessary.

Where conventional means (e.g., scaffolds, ladders) of access would not be considered safe, personnel hoisting operations, which comply with the terms of this standard, would be authorized. OSHA stresses that employee safety—not practicality or convenience—must be the basis for the employer's choice of method."

So by OSHA standards you need to show that riding the crane was not only safe but that convential means (climbing)of tree access, in this specific tree, is unsafe.

Good Luck

[/ QUOTE ]

This does not apply to tree trimming or tree removal. As per OSHA 1926.1400(c)(13).

This is the exclusions for the standard

[/ QUOTE ]

Allmark is correct, there is differences between the regs in arboriculture and general contracting/construction. It seems that tree work is more "work positioning" vs "fall arrest" being the issue with construction. We have a small loop hole, but it seems to be getting smaller.
 
Daniel, the "suit" applies the regs as written. It is we who interpret them to mean what we would like or just blatently ignore them. OSHA regs have saved thousands of lives and have come about because of accidents not because some "suit" is dreaming up ways to make our lives miserable.
 
I understand that and know how important their work is... how many years ago was it that the 29 miners dies in W.Va... HEARTBREAKING!...

And I AM sure they save plenty of loves in this biz too. BUT the crane thing is one of those grey areas. Riding the ball is a no brainer imo, as long as the op and the climber know what they are doing... Guess that's a big "if".. and the problem with OSHA is that they have no way to make a distinction between those that are good and those that aren't..

When I do crane work, I use the best op in the area and do whatever he says... not much to think about really...
 
Right but, like speeding, if you get caught then man up and pay the fine. We know it's not permitted and the risk is a fine as Solestrees found.

Consider, a crane operator works under these regs regardless of who he is working for. Whether it's lifting HVACs, steel or trees. Does there need to be greater complications to how to operate by having more exceptions? For now, until we as an industry can prove this to be the safest method then we are bound by the regs. Let's encourage our industry associations to lobby for a change.
 
We are put in the logging industry by OSHA even though it isnt always fitting for us. Therefore they should look there to assess violations,not a standard they wrote and specifically exclude us from.

Under the general duty clause they will look to the ansi standards to hold us to a standard and therefore should not then say it is not valid when it comes to the crane standard in it.
 
Does anyone know how many injuries or deaths came from riding the ball in tree work..I wouldn't be surprised if the # is very low or non-existent. I suspect they are basing their rules on injuries that happened in other industries... the whole thing stinks!
 
Of course this is in the logging standard.
1910.268(a)(3)
Operations or conditions not specifically covered by this section are subject to all the applicable standards contained in this Part 1910. See § 1910.5(c). Operations which involve construction work, as defined in 1910.12 are subject to all the applicable standards contained in Part 1926 of this chapter.
1910.268(b)

Which may give them cause to use the 1926 regulations which are for cranes in the construction industry.
mad.gif
 
Here's what is on the OSHA site,

http://www.osha.gov/SLTC/treecare/index.html

While in refers to the ANSI standard they make it clear they are NOT OSHA regs but guidance.

Daniel, once again, your looking at a small portion of what dictates the development of regulations for crane operation, which tree services make up a very small percentage.

Some numbers,

125,000 cranes used in construction and another 100,000 in general and marine use. In the period from 1992-2006 there were 632 crane related fatalities in U.S. construction. Of which 56 were falls. Of the 78 deaths due to be struck by the boom or jib, 62 were from falling booms/jibs.

http://www.academia.edu/752278/SOME_ASPECTS_IN_FAILURE_ANALYSIS_OF_CRANES

Some interesting numbers. You can start to see the line of reasoning for the regulation. Remember OSHA must look at things statistically not by anecdote.

Once an a person is hooked on the ball they are not protected in any way save for the PPE. I don't think that a hardhat will provide the needed safety against the headache ball or a falling boom, do you?
 
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