§ 1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 pounds or less.

The following paragraphs of this section specify requirements for employers using equipment with a maximum rated hoisting/lifting capacity of 2,000 pounds or less.
(a) The employer using this equipment must comply with the following provisions of this subpart: § 1926.1400 (Scope); § 1926.1401 (Definitions); § 1926.1402 (Ground conditions); § 1926.1403 (Assembly/disassembly—selection of manufacturer or employer procedures); § 1926.1406 (Assembly/disassembly—employer procedures); §§ 1926.1407 through 1926.1411 (Power line safety); § 1926.1412(c) ( Post-assembly ); §§ 1926.1413 through 1926.1414 (Wire rope); § 1926.1418 (Authority to stop operation); §§ 1926.1419 through 1926.1422 (Signals); § 1926.1423 (Fall protection); § 1926.1425 (Keeping clear of the load) (except for § 1926.1425(c)(3) (qualified rigger)); § 1926.1426 (Free fall and controlled load lowering); § 1926.1432 (Multiple crane/derrick lifts—supplemental requirements); § 1926.1434 (Equipment modifications); § 1926.1435 (Tower cranes); § 1926.1436 (Derricks); § 1926.1437 (Floating cranes/derricks and land cranes/derricks on barges); § 1926.1438 (Overhead & gantry cranes).
(b) Assembly/disassembly. (1) In addition to compliance with §§ 1926.1403 (Assembly/disassembly—selection of manufacturer or employer procedures) and 1926.1406 (Assembly/disassembly—employer procedures), the employer must also comply with § 1926.1441(b)(2)-(3).
(2) Components and configuration. The employer must ensure that:
(i) The selection of components, and the configuration of the equipment, that affect the capacity or safe operation of the equipment complies with either the:
(A) Manufacturer instructions, recommendations, limitations, and specifications. When these documents and information are unavailable, a registered professional engineer familiar with the type of equipment involved must approve, in writing, the selection and configuration of components; or
(B) Approved modifications that meet the requirements of § 1926.1434 (Equipment modifications).
(ii) Post-assembly inspection. Upon completion of assembly, the equipment is inspected to ensure that it is in compliance with paragraph (b)(2)(i) of this section ( see § 1926.1412(c) for post-assembly inspection requirements).
(3) Manufacturer prohibitions. The employer must comply with applicable manufacturer prohibitions.
(c) Operation—procedures. (1) The employer must comply with all manufacturer procedures applicable to the operational functions of the equipment, including its use with attachments.
(2) Unavailable operation procedures. The employer must:
(i) When the manufacturer's procedures are unavailable, develop, and ensure compliance with, all procedures necessary for the safe operation of the equipment and attachments.
(ii) Ensure that procedures for the operational controls are developed by a qualified person.
(iii) Ensure that procedures related to the capacity of the equipment are developed and signed by a registered professional engineer familiar with the equipment.
(3) Accessibility. The employer must ensure that:
(i) The load chart is available to the operator at the control station;
(ii) Procedures applicable to the operation of the equipment, recommended operating speeds, special hazard warnings, instructions, and operator's manual are readily available for use by the operator.
(iii) When rated capacities are available at the control station only in electronic form and a failure occurs that makes the rated capacities inaccessible, the operator immediately ceases operations or follows safe shut-down procedures until the rated capacities (in electronic or other form) are available.
(d) Safety devices and operational aids. (1) The employer must ensure that safety devices and operational aids that are part of the original equipment are maintained in accordance with manufacturer procedures.
(2) Anti two-blocking. The employer must ensure that equipment covered by this section manufactured more than one year after November 8, 2010 have either an anti two-block device that meets the requirements of § 1926.1416(d)(3), or is designed so that, in the event of a two-block situation, no damage or load failure will occur (for example, by using a power unit that stalls in response to a two-block situation).
(e) Operator qualifications. The employer must train each operator, prior to operating the equipment, on the safe operation of the type of equipment the operator will be using.
(f) Signal person qualifications. The employer must train each signal person in the proper use of signals applicable to the use of the equipment.
(g) [Reserved]
(h) Inspections. The employer must ensure that equipment is inspected in accordance with manufacturer procedures.
(i) [Reserved]
(j) Hoisting personnel. The employer must ensure that equipment covered by this section is not used to hoist personnel.
(k) Design. The employer must ensure that the equipment is designed by a qualified engineer.


§ 1926.1442 Railroad roadway maintenance machines.

Subpart CC—Cranes and Derricks in Construction

(a) General rule. Employers using equipment covered by this subpart that meets the definition of “roadway maintenance machine,” as defined in 49 CFR 214.7, must comply with the requirements in this subpart, except as provided in paragraphs (b)(1) through (7) of this section when subject to the authority of the Federal Railroad Administration.
(b) Exceptions —(1) Operator certification, training, and evaluation. The requirements in §§ 1926.1427 (Operator qualification and certification) and 1926.1430 (Training) do not apply. The qualification and training requirements contained in §§ 1926.1436(q) (Qualification and training for derricks), 1926.1440(a) (Sideboom cranes), and 1926.1441(a) (Equipment with a rated hoisting/lifting capacity of 2,000 pounds or less) do not apply.
(2) Rail clamps, rail stops, and work-area controls. (i) The requirement for rail clamps in § 1926.1415(a)(6) does not apply;
(ii) The requirement for rail stops in § 1926.1415(a)(6) does not apply; and
(iii) The work-area controls specified by § 1926.1424(a)(2) do not apply.
(3) Out-of-level work. The restrictions on out-of-level work, and the requirements for crane-level indicators and inspections of those indicators (including the requirements in §§ 1926.1402(b), 1926.1412(d)(1)(xi), and 1926.1415(a)(1)), do not apply.
(4) Dragging a load sideways. The prohibition in § 1926.1417(q) on dragging a load sideways does not apply.
(5) Boom-hoist limiting device. The requirement in § 1926.1416(d)(1) for a boom-hoist limiting device does not apply to roadway maintenance machines when the cranes use hydraulic cylinders to raise the booms.
(6) Manufacturer guidance for modifications covered by § 1926.1434. The requirements to follow the manufacturer's guidance set forth in § 1926.1434 do not apply if the employer is subject to the requirements of 49 CFR part 214.
(7) Other manufacturer guidance. The requirements to follow the manufacturer's guidance, instructions, procedures, prohibitions, limitations, or specifications, set forth in § 1926.1404(j), (m), or (q); § 1926.1415(a)(6); § 1926.1417(a), (r), (u), or (aa); § 1926.1433(d)(1)(i); or § 1926.1441 do not apply if the employer is subject to the requirements of 49 CFR part 214.
[85 FR 57122, Sept. 15, 2020]


§ 1926.1443 Severability.

Should a court of competent jurisdiction hold any provision(s) of subpart CC to be invalid, such action shall not affect any other provision of the subpart.
[75 FR 48135, Aug. 9, 2010. Redesignated at 85 FR 57122, Sept. 15, 2020]