Name:           BARRY
Title:          
Organization:   STEEL ERECTORS SAFETY ASSOC OF COLORADO - SESAC
Date:           20020909
Address1:       
Address2:       
City:           DENVER
State:          CO
Zip Code:       80221-6609
Docket Number:  S030
Exhibit Number: 3-7
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Notice of intent to establish Negotiated Rulemaking Committee; request for nominees and comments.
 
The Occupational Safety and Health Administration is announcing its intent to establish a Cranes and Derricks Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA) and the Federal Advisory Committee Act (FACA).  The Committee will negotiate issues associated with the development of a proposed revision of the existing construction safety standards for the cranes and derricks portion (1926.550) of 29 CFR 1926 Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors.  The Committee will include representatives of parties who would be significantly affected by the final rule.  OSHA solicits comments on the initiative and requests interested parties to nominate representatives for membership on C-DAC.
 
Please note that you may not attach materials such as studies or journal articles to your electronic comments.  If you wish to include such materials, you must submit three copies to the OSHA Docket Office, Docket No. S-030, US Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210.
 
If you wish to submit a nomination or comment online, you may enter it into the box below.  If you are submitting a nomination, please read the Federal Register notice for a list of what is needed to complete the application.  Online comments or nominations must be received by September 16, 2002.
 
Sirs:With respect to your request for information about affected parties and other potential interests found in section II subsection (B) on pages 46614-46615 of CFR 67 #136 dates July 16 2002. In the announcement you state " One purpose.... is to obtain public comment about whether an updated.. standard.. would ... affect interests that are not listed above. OSHA invites comments and suggestions on this list of "significantly affected" interests." It seems to me that one significant large group of affected entities is the subcontractor community in general.  Your lists (above in the CFR) do not mention subcontractors or others that are exposed to cranes and lifting activities of other companies,  but which do not actively  use cranes themselves.  Many  large jobs have central crane service supplied by the General Contractor and often charged to the subcontractors (that need hoisting services on site) by the hour of use. The subcontractor is usually required to rig and signal the crane during his time of use and then return to his regular job. Obviously issues of training on rigging, signaling, and crane safety arise. Their interests are often distinctly different, and sometimes adverse to the General Contractor. Also, subcontractors that occasionally use cranes may rent one for a day or so to do a quick pick, and then not use one again for a long time. On other jobs, many millions of subcontractor employees that do little or no hoisting on their own,  work in and around trades that do.  They are exposed to the craning of the General Contractor and the other subcontractors that use cranes, but have little control or say on the matter. The interests of all groups of subcontractors (those that hoist and those that dont -  (whether independently or through the use of a common crane)) can be seen as linked in a large subgroup of contractors generally  known as "Subcontractors".  Therefore, an additional "significantly affected" interest in this negotiation should be: ==="Subcontractors or others affected by crane activities of other contractors cranes"===I am reminded of a story in Minnesota where a steel column was being hoisted by a crane (supplied incidently by the General Contractor and used by subcontractors) and the column being hoisted banged into some floor beams dislodging a "bolt barge" that fell through the upper decks and crushed two electrician subcontractor employees working several floors below. Hundreds of other subcontractor tradesmen that had no direct interest in the crane activities were potentially in the path of the crane related accident. Who will represent them?It would be fair to say that a seat on the committee should be dedicated to these affected millions of employees.   The organization that might best be able to appoint a representative to negotiate in good faith would be the National Subcontractors Association.I encourage you to expand your definition of significantly affected interests to include subcontractors and to insure that a seat on the committee is fairly representative of this large group of contractors.    Very truly yours,Barry A. Cole
 
