Crane hoisting climber, need help

[arathol]

If, however, the employer justifies through an affirmative defense that compliance with 1910.180 is either impossible or unsafe, then riding is acceptable. This publication helps set up that affirmative defense where it is needed.

Needing an affirmative defense implies that the OSHA inspector observed what he perceived to be a violation and investigated further, issuing an infraction report that resulted in a citation and/or fines. You may find it very difficult to get the citation withdrawn. Not long ago the US Court of Appeals greatly lowered the standard of proof needed for issuing citations, stating that a reasonably prudent employer would have trained their employees to a higher level so as to avoid the exposure to legal action. So, since its the employer that gets the fine and not the employee, its probably going to stick because as the employer you didn't tell the guy on the hook that he really should not be doing that.

So that means if you are using a crane for "construction, alteration, and/or repair, including painting and decorating" then 1926.1431 applies. If you are not, then it does not.
However, since 1910.180 is under Part Title "Occupational Safety and Health Standards" (link) it applies to everybody under the OSHA thumb.

I believe that subpart is a reference to employers entering into contracts for construction, alteration etc that expose employees to "working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated". Thats how it reads anyhow.
Yes, 1910.180 will most likely play a big part in any citation.

However, if an inspector sees one thing he does not like thats grounds for entering your worksite, putting you under a microscope and finding reasons to write you up and applying whatever standard fits the bill. If you have a saw in your hand you can be shown to be operating under 1926.266 regardless of what you are doing, and if you have a crane you are operating under more than one standard.

Kind of like a vampire - don't invite him in and he can't touch you.

 

[jefflovstrom]

I think this thread has a short life!
Been dragged out too many time's.
Jeff

 

[deevo]

Info here:

http://www.arboristsite.com/commercial-tree-care-climbing/191721.htm

May have to read through the usual AS bantering.

In August's TCIA magazine they had an article in there it is legal, and you now must have a second back up attachment while being hoisted. Of course everything must be secured above the ball (no tying into the hook!)

TCI Magazine August 2012

 

[beastmaster]

Call around and find a company that does a lot of tree removals with their cranes, ask if they will let you ride the ball, If they say yes go with them, if they say no, keep looking. Screw OSHA. They should stick to policing sweat shops

 

[squad143]

Links to web site would be helpful

PM sent.

Hopefully it's helpful.

 

[Climbing mike]

Thanksfor all the info, havent been on here since I posted this. HEre was the situationthat we had. A huge popular tree about 4 feet from the back of a house, it was about 5ft diameter and 120 ft tall. It had been hit by lightining about 5 years ago crating a lot of dead wood in the tree. About a week before I had to take the tree down a second lighting strike hit the tree shattering much of the wood but the greater problem was from the fire that the lighting started. It burned all the dead wood that was from the first strike. The fire dept put out most of the fire but it smolldered for a several days. I honestly dont know how thee tree was still standing.

I had been using the same crane service for the last 10 years, when I called him on this tree he told me that he just sold out to a bigger company. The new company will not hoist a climber, period. The same guy that had been running his own company for years came out to do this tree. He lifted the climber to a lower part of the tree to remove a limb that would be in the way. The new company has a safty guy that rides around and overlooks the job and explained to the operator that they will not lift the climber. The saida second crane with a man basket must be used. There was no room for a second crane in the yard. To use a second crane it would have to be about a 300 ton crane to reach over the 75 ton crane and the cost was outragous, plus the lowering zone would have been next to non exxisitant. We ended up having to climb up the shattered, burnt dying tree. It was very dangerous to say the least. It is totally bs the OSHA and ANSI cant get together and make things work like they should. Im just glad nobody was hurt getting the job done, it would have been so much safer to be lifted by the crane into the tree.

 

[husabud]

OSHA sucks at trees! Although they are working with ANSI to get this worked out for us. My crane co won't let me near the hook, or the ball for that matter. Total BS. It is not my co though , so whatever.

 

[murphy4trees]

Some clarification after re-reading the TCIA publication:

I'm not going to post quotes of the TCIA publication, because don't want to infringe on copyright...justwanted to clarify the premise, if you are not a member: It says per OSHA section 1910.180 a climber cannot ride on a crane. Using ANSI's standard to show you can is not enough to avoid a violation. If, however, the employer justifies through an affirmative defense that compliance with 1910.180 is either impossible or unsafe, then riding is acceptable. This publication helps set up that affirmative defense where it is needed.

That would not be an infringement . copyright law provides for fair use, which this would certainly be. A non profit short quote... no biggie!