Sims Crane Appeals MSHA Decision Redefining ‘Load’
May 19, 2016 - Sims Crane & Equipment is appealing a recent decision by an administrative law judge with the federal Mine Safety and Health Administration (MSHA) 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 safety director. The case began in April 2015 when an MSHA inspector cited a Sims 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. The company also disputed the citation because 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.
Recently, however, the MSHA administrative law judge concluded that the spreader bar constitutes a load, using the dictionary definition of “load” because MSHA regulations do not define the term “load.” The judge also stated 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,” Berry said.
Sims has only 30 days to appeal the decision. Dean Sims II, Sims vice president of marketing, said that the company 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,” said Sims. “We believe that other crane industry leaders will support our appeal once they know that a procedure that is standard in the industry has now been redefined as a violation.”
MSHA allows interested parties request to be heard and/or join Sims position simply by having their attorney fill out and file a Notice form with the Commission. Documents filed with the Commission shall be addressed to the Executive Director and mailed or delivered to the Docket Office, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710; facsimile delivery shall be transmitted to (202) 434-9954.
