Md. Code Regs. 09.12.26.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.26.02 - Scope

A. Except as provided in §C of this regulation, this chapter applies to power operated equipment, when used in construction and demolition, that can hoist, lower, and horizontally move a suspended load.

B. This chapter applies to all crane operators, signal persons, riggers, and crane operator trainees, and to the erection, operation, and dismantling of cranes used in construction and demolition.

C. This chapter does not apply to the following equipment:

(1) Machinery included in §A of this regulation while it has been converted or adapted for a non-hoisting/lifting use, and when used with chains, slings, or other rigging to lift suspended loads.Such conversions/adaptations include, but are not limited to, power shovels, excavators, and concrete pumps;

(2) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles;

(3) Digger derricks:

(a) Used for auguring holes for poles carrying electric and telecommunication lines, placing and removing the poles, and for handling associated materials to be installed on or removed from the poles;

(b) Used in electric power generation, transmission, and distribution work subject to 29 CFR Part 1926, Subpart V, which shall comply with 29 CFR § 1926.950; and

(c) Used in construction work for telecommunication service, as defined at 29 CFR § 1910.268(s)(40), which shall comply with 29 CFR § 1910.268;

(4) Machinery originally designed as vehicle-mounted aerial devices such as the type used for lifting personnel and self-propelled elevating work platforms;

(5) Powered industrial trucks, such as forklifts, except when configured to hoist and lower by means of a winch or hook and horizontally move a suspended load;

(6) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair;

(7) Machinery that hoists by using a come-along or chainfall;

(8) Telescopic/hydraulic gantry systems;

(9) Stacker cranes;

(10) Dedicated drilling rigs;

(11) Gin poles when used for the erection of communication towers;

(12) Tree trimming and tree removal work; and

(13) Except as provided in §D of this regulation, articulating/knuckle-boom truck cranes when:

(a) Delivering material to a construction site when used to transfer materials from the truck crane to the ground, without arranging the materials in a particular sequence for hoisting; and

(b) Delivering material to a construction site when the crane is used to transfer building supply sheet goods, including sheets of sheetrock, plywood, and roofing shingles, or building supply packaged materials, including bags of cement, packages of roofing shingles, and rolls of roofing felt, from the truck crane onto a structure using a fork/cradle at the end of the boom, but only when the truck crane is equipped with a properly functioning automatic overload prevention device.

D. This chapter applies to articulating/knuckle-boom truck cranes when:

(1) The articulating/knuckle-boom crane is used to hold, support, or stabilize the material to facilitate a construction activity, such as holding material in place while it is attached to the structure;

(2) The material being handled by the articulating/knuckle-boom crane is a prefabricated component including, but not limited to, precast concrete members or panels, roof trusses such as wooden, cold-formed metal, steel, or othermaterial, prefabricated building sections such as, but not limited to, floor panels, wall panels, roof panels, roof structures, or similar items;

(3) The material being handled by the articulating/knuckle-boom crane is a structural steel member such as steel joists, beams, columns, steel decking, bundled or unbundled, or a component of a systems-engineered metal building as defined in 29 CFR Part 1926, Subpart R; or

(4) The activity is not specifically excluded under COMAR 09.12.26.02B C(13)(a)(i) and (ii).

E. This chapter applies to the equipment covered by this standard unless specified otherwise.

F. The duties of controlling entities under this chapter include, but are not limited to, the duties specified in 29 CFR § 1926.1402(c) and (e) and 29 CFR § 1926.1424(b).

G. Where provisions of this chapter direct an operator, crewmember, or other employee to take certain actions, the employer shall establish, effectively communicate to the relevant persons, and enforce work rules to ensure compliance with such provisions.

H. For work covered by 29 CFR § 1926.950, compliance with 29 CFR § 1910.269(p) is deemed compliance with 29 CFR §§ 1926.1407"1926.1411.

Md. Code Regs. 09.12.26.02