Taylor, Larry

Texas Representative  


Capitol Office
Capitol Address Room E2.610, Capitol Extension Austin, TX 78701

Phone: (512) 463-0729
Fax: (512) 474-2398

Home Address
District Address 174 Calder Road, Ste. 116 League City, TX 77573

Phone: (281) 338-0924

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  • proteus said

    With industrial background interests would you consider cowsponsoring this legislation to get to the Texas floor for 2011?

    Rep Helen Giddings is the original sponsor.


    Crane Operators to be Certified Under New OSHA Rule
    July 28,2010

    Effective date Aug 9 2010


    Extensive new requirements for the qualifications of crane operators and signalpersons were published today by Federal OSHA in the most wide-ranging revision of the rules governing the use of cranes in a generation.
    Under the new rule, crane operators must be either certified by an accredited crane operator testing organization, such as the National Commission for the Certification of Crane Operators (NCCCO), or qualified by an audited employer program. State programs that meet federal requirements, and programs run by the U.S. military, are also recognized in the new standard which retains most of the language contained in the Proposed Rule issued in 2008.
    The widely-anticipated regulation, often referred to by the name of the negotiated rulemaking committee that developed it—C-DAC—but officially known as 29 CFR 1926 Subpart N, was developed over a 12-month period and submitted to OSHA in 2004. The passage of the document has taken numerous twists and turns as it made its way through federal government oversight in the six years since then.
    Signalpersons must be qualified either by a third-party qualified evaluator, such as NCCCO, or an employer’s qualified evaluator.
    The new rule, including the requirements for signalperson qualifications, takes effect on Nov. 8, 2010. Employers are given an additional four years to comply with the crane operator certification provisions.
    OSHA estimates that approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule.

    "The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

    The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.

    "The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners."

    The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.

    In 2003, the secretary of labor appointed 23 experienced Cranes and Derricks Advisory Committee members representing manufacturers and trade associations, who met 11 times until a consensus on the regulatory text was reached in July 2004. The proposed rule was published Oct. 9, 2008, and the public was invited to submit comments until Jan. 22, 2009. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. OSHA staff incorporated input from the public comments and testimony to develop the final regulatory text.

    The complete rule is available at http://www.ofr.gov/OFRUpload/OFRData/2010-17818_PI.pdf. The regulation text is available at http://www.osha.gov/doc/cranesreg.pdf.


    Spurred by another tragic Deep South Crane fatality accident in Houston,

    Years of lax state oversight and failure of a newly erected 2000 ton hulking crawler construction cranes collapse which killed 4 and injured 6 .

    Will Gov. Perry/White? sign into law one of the nation's toughest crane-safety bills?

    Rep Helen Giddings office has played a large role in the new measure which can sail through the House and Senate construction site safety. Committee vote of 7 to 0 to approve and then died after the session ended.

    Under a newly revised and updated 2011 bill, the state would play a much bigger role in ensuring that the tower cranes crawler and hydraulcs are secure in their operational procedures and inspections including federal OSHA involvement. And cranes are being operated properly with certified ,trained, tested and qualified operators.

    Responsibility for crane safety until now falls mostly to lax construction companies crane operator training budgets.

    The new texas measure would create a safety program within the newly reorganized Texas Department of Labor and Industries. And could offer new licensing inspection program protocals for additional state revenues.

    Previous attempts to strengthen crane safety, were challenged as onerous to the construction industry, fizzled in the Legislature due to disingenious and uninformed pressure from contractor groups opposing new safety reform updates as too costly.

    The fed did it for them updating rules set in place in 1971. now for 2010 they are implementing Aug 1st 2010.

    Texas leads the nation in crane fatalitys again.

    But this session, lawmakers can respond to one of the worst construction disasters in state history -- the collapse of a Deep South 430-foot-high crane in Houston that killed 4. Investigators have not released their report, but two sources close to the inquiry said the crane's limits switches were not set or inspected properly for the boom configurations and boom overhaul pulled the crane over backwards and the operator was not specificly trained on that boom config or model machine.

    Computer Training test crane simulators that are model specific were not required to be compliant. But federal investigators sited it could have prevented the tragedy if required as machine specific trainng to that model versalift 36000. And should be required prior to any or all construction machine operations within texas.

    After that accident, heightened crane scrutiny uncovered structural problems in several other cranes in the region, including one that had to be taken down.

    Several legislators said they were surprised to learn there are no regulated state requirements for crane operators/rigger/signalpersons/oilers,drivers, to undergo any machine specific simulator training,testing,background checks or drug testing. Fifteen states require certification to operate a crane, and new laws are pending in several other states, according to the National Commission for the Certification of Crane Operators.

    Washington's/Texas measure of compliance is that it will certify operational activitys for both operators and cranes and support personnel as per new 2010 OSHA Regulations for compliance - requiring state permiting and approval to erect the structures.

    California appears to be the only other state with such a law, said Graham Brent, the national commission's executive director.

    "Washington state is to be applauded for taking the initiative and getting this going first... in absolutely record time," Brent said. "I've never known a piece of legislation on this subject to move with such speed."

    "Work sites are going to be safer for all workers, not just for people that work with the cranes," L&I spokeswoman Elaine Fischer said.

    Besides certification, the new Texas Washington measure also mandates regular safety inspections and load testing of the structures. L&I will keep records on when cranes were inspected, as it does for all maritime cranes.

    The measure, which has labor union support,faced some opposition because of a requirement for "up to 2,000 hours of documented crane operator seat time experience."

    Some lawmakers worried that crane operators would face stricter standards than pilots. But fatality statistics show the need for the additional educational and practical testing simulator training sessions throughout the operators career.

    A private pilot's license requires at least 35 hours in the air plus academic "ground school", according to the Federal Aviation Administration.

    The measure also would require that apprentice operators learn from veterans, and provide relief for tower crane operators to allow overdue restroom breaks to improve health standard compliance requirements reduce fatigue and accidents, with additional operators which could double as OSHA approved NCCCO certified signalpersons with shift rotations.
    Simular to Chicago specs.

    Most Crane operators welcome certifications as wage increases commensurate with additional qualifications,

    If Perry signs the law it could take effect in 2011 and State Crane Licensing still must rewrite new rules to accompany the 2010 OSHA laws.

    "Before we even start to write the rules, we'll be having a lot of meetings with crane safety industry manufacturers ASME/CEDAC professionals,"

    "It's our intention to make sure that the rule making is current and done in time for people who are affected in the industry to get up to speed."


    He predicts the state will see some difficulty implementing the law but time will prevail and reduce accidents and fatalitys.

    It has been a tremendous success to date.
    link to Washington's crane safety pages:

    http://www.lni.wa.gov/wisha/rules/construction/HTML/296-155L_1.htm



    A new Texas Labor and Industry regulation and inspection agency needs to be recreated to reduce fatalitys and or eliminate nocompliance issues related to New 2010 OSHA Regs shipping now.

    As central Texas construction explodes in development official state compliance officers must fill the void between the federal level and state oversight ,I am requesting an Audit to illustrate that safety was important in 1979 before the agency was abolished. Texas SAfety now resides in several 3 cubic foot boxes in a archive. Time to bring texas up into the real world .

    Texas is noncompliant without a OSHA 2010 state plan it has had 4 years to assemble an agency and none is planned or implemented.

    Washington State has assembled an excellent program to emulate federal labor laws and workplace safety inspections on the job site in commercial and industrial environments .
    Texas has led the nation in construction fatalitys.
    An investigation only occur at the federal levels after fatalites occur .

    The Texas Occupational Safety Board and the Occupational Safety Division worked out a compliance plan with OSHA in 1975 that reconciled existing state safety standards with the new federal standards. The Division contracted with OSHA to provided free, on-site inspections for OSHA standards to Texas employers. The Division continued to conduct its annual occupational injury and illness surveys.

    In 1985, the Occupational Safety Board was abolished by H.B. 2091, 69th Legislature. The functions and administration of the Occupational Safety Division were absorbed by the Texas Department of Health.

    Texas Occupational safety dept was abolished, and a new agency recreated to comply with new 2010 state/federal OSHA policys and enforcement regs for industrial and commercial worksite inspections


    News Release

    OSHA News Release: [07/28/2010]
    Contact Name: Diana Petterson or Jason Surbey
    Phone Number: (202) 693-1898 or x4668
    Release Number: 10-1021-NAT

    US Department of Labor’s OSHA publishes final rule on cranes and derricks in construction

    WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration today announced that it is issuing a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule published today.

    "The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

    The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.

    "The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners."

    The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.

    In 2003, the secretary of labor appointed 23 experienced Cranes and Derricks Advisory Committee members representing manufacturers and trade associations, who met 11 times until a consensus on the regulatory text was reached in July 2004. The proposed rule was published Oct. 9, 2008, and the public was invited to submit comments until Jan. 22, 2009. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. OSHA staff incorporated input from the public comments and testimony to develop the final regulatory text.

    The complete rule is available at http://www.ofr.gov/OFRUpload/OFRData/2010-17818_PI.pdf. The regulation text is available at http://www.osha.gov/cranes-derricks/index.html. The new rule will take effect on Nov. 8, 2010.

    Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.



    about 20 min ago Delete

    proteus said

    Posted on July 29, 2010 by Ilyse Schuman

    New OSHA Crane and Derrick Crane Operator Rules 2010
    Crane operator licensing begins in PA, 15 states compliant as states ramp up compliance,processing and fee schedules for revenue collections progressing.

    OSHA Rigging and Signalperson NCCCO certifications due date Nov 1 2010 cutoff.

    HB 1807 revisions?


    The Occupational Safety and Health Administration (OSHA) has issued new regulations (pdf) addressing the safety of cranes and derricks in the construction industry. The rule updates and specifies industry work practices regarding the use of cranes and derricks, and also “addresses advances in the designs of cranes and derricks, related hazards, and the qualifications of employees needed to operate them safely.” According to an OSHA press release, approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule.

    The rule, which has been in the works for a number of years, mandates that employers in the construction industry take the following steps:

    •Assess whether the ground is sufficient to support the anticipated weight of hoisting equipment and associated loads;
    •Assess hazards within the work zone that would affect the safe operation of hoisting equipment, such as those of power lines and objects or personnel that would be within the work zone or swing radius of the hoisting equipment; and
    •Ensure that the equipment is in safe operating condition via required inspections and mandate that employees in the work zone are trained to recognize hazards associated with the use of the equipment and any related duties that they are assigned to perform.
    As the agency explains, the rule aims to prevent electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn, among other types of lethal injuries related to crane and derrick operations. According to a fact sheet, the significant requirements in this new rule include: a pre-erection inspection of tower crane parts; use of synthetic slings in accordance with the manufacturer's instructions during assembly/disassembly work; assessment of ground conditions; qualification or certification of crane operators; and procedures for working in the vicinity of power lines. The rule also provides a functional description and a list of examples of equipment covered by the rule. Other changes of note, as explained in the fact sheet, include the following:

    •Employers must comply with local and state operator licensing requirements which meet the minimum criteria specified in § 1926.1427.
    •Employers must pay for certification or qualification of their currently uncertified or unqualified operators.
    •Written certification tests may be administered in any language understood by the operator candidate.
    •When employers with employees qualified for power transmission and distribution are working in accordance with the power transmission and distribution standard (§ 1910.269), that employer will be considered in compliance with this final rule's requirements for working around power lines.
    •Employers must use a qualified rigger for rigging operations during assembly/disassembly.
    •Employers must perform a pre-erection inspection of tower cranes.
    This rule will take effect 90 days after publication in the Federal Register, which is scheduled for August 9, 2010. Certain provisions have delayed effective dates ranging from 1 to 4 years. The rule estimates that the total annualized costs of implementing these new requirements will amount to $154.1 million.

    To help employers understand these new requirements, OSHA hosted a web chat on Wednesday, July 28. As explained during the chat, the agency will also be developing a compliance directive in a series of guidance and outreach documents that will be available before the standard goes into effect. Other clarifications made during the chat include the following:

    •The new regulations apply to the construction industry only. However, if an employer in the general industry performs construction-related work, it will be covered by the regulations.
    •Crane operators have up to four years to obtain the necessary certification, unless the employer operates in a city or state with local licensing requirements.
    •Once the OSHA standard is issued, states that maintain their own safety and health plans will have six months to adopt the new standard or develop their own standard that is at least as effective.
    •This new rule will affect most types of cranes and derricks engaged in construction activity, as outlined in section 1926.1400. Those types of equipment not specified in this section are not covered by the rule.
    •With respect to general contractors that do not own cranes, the OSHA staff explained that the new rule may require general contractors to share information and receive information regarding ground conditions.
    •Some changes that were included in the final rule that were not seen in the proposed rule include:
    •Employers that have employees who are qualified in subpart V work may comply with 1910.269 of the general industry standard;
    •All utility pole work performed with digger derricks are excluded;
    •Employers must comply with manufacturer’s recommendations for the use of synthetic slings;
    •Forklifts are covered by the final rule when they are configured like a crane; and
    •OSHA provided clarification in the preamble to address when knuckleboom cranes are covered by the standard during material delivery.
    about 50 min ago Delete

    Sponsored bill SB 956
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