Sims Crane & Equipment is appealing a recent decision by an administrative law judge with the federal Mine Safety and Health Administration Review Commission that redefines a spreader bar as part of a load.
As a result of this legal decision, there will be no way to lift the spreader bar and attach it to the load without being in violation and incurring serious penalties,” said Bob Berry, Sims Crane Safety Director and a 40-year veteran of the crane industry.
The case began in April 2015 when an MSHA inspector cited a Sims Crane crew at S.D.I Quarry in Florida City, Fla., for rigging personnel not staying clear of a suspended load. The load in question was a spreader bar that was not yet attached to the load. Sims disputed the citation based on OSHA standards that identify the spreader bar as rigging, not a part of the load.
Sims also disputed the citation on the grounds that OSHA allows the qualified rigger to be in the fall zone during a lift; therefore, even if the spreader bar is defined as part of the load, the qualified rigger is allowed to be in the fall zone area under OSHA regulations, Sims said.
However, the MSHA administrative law judge concluded that the spreader bar constitutes a load. MSHA used a dictionary definition of load because MSHA regulations do not define the term. The judge added that OSHA standards are not legally binding on MSHA.
OSHA and MSHA have had an interagency agreement since 1979 that says they will work together on mine safety but this legal decision refuses to recognize federal regulations set forth by OSHA that make it clear that the spreader bar is considered rigging,” said Berry.
Sims Crane was given 30 days to appeal the decision. Dean Sims II, Sims Crane vice president of marketing, said Sims Crane is reaching out to other crane companies and clients to sign onto the appeal brief.
This decision impacts mining crane operations and crane companies nationwide, not just here in Florida and certainly not just Sims Crane,” Sims said. “We believe that other crane industry leaders will support our appeal once they know that a procedure that is standards in the industry has now been redefined as a violation.
Sims Crane & Equipment is based in Tampa, Fla.
About the Author
Michael Roth
Editor
Michael Roth has covered the equipment rental industry full time for RER since 1989 and has served as the magazine’s editor in chief since 1994. He has nearly 30 years experience as a professional journalist. Roth has visited hundreds of rental centers and industry manufacturers, written hundreds of feature stories for RER and thousands of news stories for the magazine and its electronic newsletter RER Reports. Roth has interviewed leading executives for most of the industry’s largest rental companies and manufacturers as well as hundreds of smaller independent companies. He has visited with and reported on rental companies and manufacturers in Europe, Central America and Asia as well as Mexico, Canada and the United States. Roth was co-founder of RER Reports, the industry’s first weekly newsletter, which began as a fax newsletter in 1996, and later became an online newsletter. Roth has spoken at conventions sponsored by the American Rental Association, Associated Equipment Distributors, California Rental Association and other industry events and has spoken before industry groups in several countries. He lives and works in Los Angeles when he’s not traveling to cover industry events.