Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.31, 16VAC25-175-1926.450, 16VAC25-175-1926.500, 16VAC25-175-1926.550, 16VAC25-175-1926.553, 16VAC25-175-1926.600, 16VAC25-175-1926.753, 16VAC25-175-1926.800, 16VAC25-175-1926.856, 16VAC25-175-1926.858, 16VAC25-175-1926.952, 16VAC25-175-1926.1050, Appendix A to Part 1926; adding 16VAC25-175-1926.6, Subpart AA, Subpart BB, 16VAC25-175-1926.1400 through 16VAC25-175-1442, Appendix A to Subpart CC of Part 1926, Appendix B to Subpart CC of Part 1926, Appendix C to Subpart CC of Part 1926, 16VAC25-175-1926.1500, 16VAC25-175-1926.1501.

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: April 15, 2011.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

Federal OSHA has revised the Cranes and Derricks Standard and other related sections of the Construction Industry Standards to update and specify industry work practices necessary to protect employees during the use of cranes and derricks in construction. The revised standard requires employers to (i) perform crane inspections, (ii) utilize qualified or certified crane operators, (iii) address ground conditions, (iv) maintain safe distances from power lines using the encroachment prevention precautions, (v) keep specified records associated with inspections and operator certification or qualification, and (vi) fulfill other obligations under the standards. The revised standard clarifies the scope of the regulation by providing both a functional description and a list of examples for covered equipment.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926, Construction Industry Standards, is declared a document generally available to the public and appropriate for incorporation by reference. For this reason the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action: On January 20, 2011, the Safety and Health Codes Board adopted federal OSHA's revised final rule for Cranes and Derricks in Construction, §§ 1926.1400 through 1926.1442, and other related Construction Industry Standards as published in 75 FR 47906 on August 9, 2010, with an effective date of April 15, 2011.

Federal Terms and State Equivalents: When the regulations, as set forth in the revised final rule for Cranes and Derricks in Construction and other related sections of the Construction Industry Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: