SC&RA Members Support Sims Crane in MSHA Dispute

June 14, 2016 - SC&RA members filed a Friend-of-the-Court notice in support of Sims Crane after the Federal Mine Safety and Health Review Commission’s May ruling against Sims. The ruling alleges Sims’ crane operator and helper did not stay clear of a suspended load, violating MSHA standard 30 C.F.R., section 56.16009.

The section cited states “that persons shall stay clear of suspended loads” and, based on a dictionary definition of “load,” the judge concluded “that the spreader bar constituted a ‘load’ for purposes of 30 C.F.R., section 56.16009.”  

Like Sims, SC&RA believes the ruling is contrary to fed OSHA standards, and could essentially prevent the attachment of rigging to loads. On May 23, Sims filed a Petition for Discretionary Review to argue for the overturning of the MSHA order. As part of an industry coalition, SC&RA filed an Amicus Brief in support of Sims. The coalition includes the International Union of Operating Engineers; Crane Owners Association; Mobile Crane Operators Group; and the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers.

SC&RA reached out to members to make their voice heard by completing an Amicus Curieae Notice, and is currently tracking the number of members who filed a notice. If you participated in this effort, forward a copy to Beth O’Quinn, SC&RA vice president,  at boquinn@scranet.org.