August 2022 IVES Update e-Newsletter

 

 

I recently received a call that questioned the validity of a MEWP online training course that claimed to be 100-percent OSHA-compliant while also stating it could get your employees boom and scissor lift certified in about one hour.

 

This online training provider also stated that new ANSI standards went into effect in 2020 and this is the first time in over 10 years that any changes have been made to the rules governing safety for OSHA-compliant use of aerial lift machines.

 

This online provider further stated that this means the current OSHA standards will be outdated, and owners, operators or supervisors must comply with ANSI standards or risk being cited.

My response to these types of questions is to revert to what the MEWP industry standards say, but I also must correct a few claims by this online provider’s statements.

 

While OSHA’s regulations are mandatory, there has been no changes or updates to OSHA aerial lift regulations. Only the ANSI/SAIA A92 standards require updated training and certification to provide better and safer operation and maintenance of mobile aerial work platforms (MEWPs.) The ANSI/SAIA MEWP standards are not OSHA regulations and are not an OSHA requirement unless adopted by reference into an OSHA regulation.

 

That has only occurred in 1970 when OSHA adopted by reference ANSI A92.2-1969. As the OSHA regulations have not adopted by reference any of the revisions to A92.2 or other ANSI/SAIA A92 standards, OSHA cannot cite non-compliance with new ANSI/SAIA standards.

 

OSHA regulations are the minimum legal requirements for MEWP safety. ANSI standards provide more current and thorough guidance for the design, safe-use and training of MEWPs. When considering the status of MEWP training in 2022, there are two opposing responses that are both true – nothing has changed, and everything has changed.

 

The foundation for both is the level of buy-in to the ANSI/SAIA A92.22 MEWP safe use and A92.24 training standards. For many, nothing has changed as they acknowledge that OSHA regulations are law and ANSI standards are voluntary and not required. It is fact that unless an ANSI standard is adopted by reference into the OSHA regulations it is not an OSHA requirement or enforceable.

 

 

However, OSHA can determine if the employer in question is complying with the general duty clause, which requires the employer to take into account the best course of action in applying safety practices to eliminate hazards. If ANSI standards are not acknowledged by an employer whose industry needs that guidance, then OSHA can cite them for not complying with the general duty clause.

 

In a 1992 OSHA letter of interpretation, OSHA stated: “There are two OSHA standards addressing the qualifications of lift operators. Section 1926.21(b)(2) requires employers to instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment. Section 1926.556(b)(2)(ii) requires that ‘only authorized persons shall operate an aerial lift’.

 

The term ‘authorized person’ is defined at 1926.32(d) as ‘a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the jobsite’.”

 

There are no specific OSHA regulations that require aerial lift operators to be either certified or qualified. In the situation where operator capabilities are the issue, OSHA would first determine if the operator was trained and, if no training was provided, issue a citation for violating 1926.21(b)(2). If training was provided, OSHA would need to use the general duty requirements of paragraph 5(a)(1) of the OSH Act to address any related violations.

 

In so doing, OSHA would use the ANSI requirements to help establish what the industry practice is regarding operator qualifications.

 

So, while many can choose to ignore the ANSI/SAIA A92 standards as voluntary, this is an example of why they remain a foundation of what should be followed.

 

I could add a litany on how they are used in lawsuit litigation, but the A92 standards are what the MEWP industry follows and are referenced by every MEWP manufacturer in their design and operator’s manual.

 

 

Since ANSI doesn’t have the same kind of authority as OSHA, there are no ANSI compliance officers and too often the standards are often used like manufacturer operator manuals – read rarely and followed even less frequently.

 

Despite being ignored by many, the standards provide the best guidance for safe MEWP operation. 100% of MEWP manufacturers adhere to the standards as they apply to the design and manufacturing of the equipment.

 

Doesn’t it seem odd that while you want manufacturers to comply, that same discipline is absent when it comes to user compliance with safe-use and training standards?

 

So, to go back to my opening point regarding the validity of the online MEWP training, I refer to the ANSI/SAIA A92.24-2018 standard for the Training Requirements for Use, Operation, Inspection, Testing, and Maintenance of Mobile Elevating Work Platforms (MEWPs).

 

This standard provides methods and guidelines to prepare MEWP training materials, defines administrative criteria, and the elements required for delivery of proper training and familiarization.

 

One of the purposes of the training standard is to achieve thorough and consistent training. If all providing the training follow the same requirements, it is hard to explain how the same training can be delivered in different amounts of time.

 

When you review what must be included in standardized MEWP training, you cannot escape the reality that it takes time to complete all the requirements – much more than one hour!

 

Specific to MEWP operator training, it is required for different MEWP classifications, such as 1a push around vertical lifts, 1b boom lift not drive-able when elevated, 3a mobile, drive-able vertical lifts and 3b boom lift, drive-able when elevated.

 

Only personnel who have received training in compliance with this Standard (ANSI/SAIA A92.24) regarding the inspection, application, and operation of MEWPs (including recognition and avoiding of hazards associated with their operation) shall be authorized to operate a MEWP.

 

The training includes two components, classroom/online theory training and hands-on practical training and evaluation. Both theory and practical training content is defined in the standard. Starting with theory content, it must include MEWP safe use as required in the A92.22 safe use standard.

 

That is an entire standard that addresses the application, inspection, maintenance, and safe operation of MEWPs.

 

The training standard includes 25 topics in the required content for MEWP operator theory classroom/online training. When comparing MEWP online theory courses from MEWP manufacturers and industry programs that take at least 2.5 hours to complete, it is hard to understand how this same information can be condensed into an hour, including testing.

 

Within the 25 required content topics for theory training, some are simple and direct, for example validating that the annual inspection is current or knowing what the applicable standards and regulations that apply to MEWPs are. But there are many more complex topics to include, such as how to perform a pre‐start inspection, factors affecting stability, or recognition and avoidance of hazards associated with operation, including weather and ground conditions, knowing and understanding workplace inspections and the requirement for them to be performed prior to each use.

 

When you consider all content to be covered, the detail required to present them in a manner to be understood, incorporating the associated information from the safe use standard for the topics, ensuring the trainee both understands them and can apply them in the practical training through direct application during MEWP operation, it is reasonable to foresee multiple hours required to provide the information that is essential for trainees to become safe and effective MEWP operators.

After completion of the theory training course a test must be completed.

 

Each trainee shall show proficiency in both theory (classroom/ online) and practical (hands‐on).

 

Results of the theory (classroom/online) and practical (hands-on) evaluations shall be documented.

 

The training standard provides examples of the knowledge and practical evaluations necessary for trainees to demonstrate their knowledge and understanding of the topics. While the examples are non-mandatory, they provide a sample of what all testing should include.

 

MEWP operator trainees must successfully complete the theory training before they are allowed to participate in the hands-on operational component of operator training. They must understand the basic requirements to conduct MEWP inspections, identification and avoidance of risk in the work environment, and safe operational procedures before operating the MEWP under the supervision of a qualified trainer.

 

The training standard also defines required content for hands-on practical training.

 

The trainee must now demonstrate proficiency, incorporating the knowledge learned in the theory training course, regarding MEWP familiarization of the model MEWP to be operated, identification and function of the major MEWP components, carrying out daily checks and inspections, operation and function of all controls (completing course tasks set by the trainer), and ending with parking and securing the MEWP on completion. This must occur for each MEWP category required to operate (1a/1b/2a/2b/3a/3b).

 

When considering completing a standardized hands-on practical training, all must complete a review of site risk assessment, familiarization and pre-start inspection for each category of MEWP included in the training, and the individual proficiency operation evaluation of each trainee that includes both theory and operational proficiency.

 

Standardized MEWP operator training has the same requirements regardless of if one is a novice or experienced equipment operator. The content and testing of each trainee is the same.

 

While some models of MEWP may be more complex and require additional time, the reality is training courses tend to use the most common MEWPs in the marketplace.

With the introduction of the ANSI/SAIA A92.24 MEWP training standard, there should be limited variances in the training offered. All training should be following the same requirements, incorporating the same content for both classroom/online theory and hands-on practical training, being administered under the same requirements, and ultimately providing the same thorough and consistent training regardless of who is delivering it or where the training being provided.

 

As with all things, if you attempt to take short cuts, your final results will not be as good. Training is the foundation to becoming a qualified person for a task – ensure you and your employees all have this strong foundation to build upon.

 

Source: Access, Lifts & Handlers May-Jun 2022

 

A 54-year-old forklift operator died after being crushed between a forklift and a storage rack.

 

The operator and a coworker were installing large metal storage racks in a customer’s warehouse. They were in the process of placing shims under the uprights to level the racks.

 

The operator was using a forklift to raise the racks so they could install the shims while his coworker drilled holes in the concrete floor to anchor the uprights.

 

The operator parked the forklift, shut off the engine, and set the parking brake. He then exited the forklift but left the forks raised to about 39 inches.

 

He unknowingly parked on top of the cord of the drill his coworker was using. His coworker got in the forklift to move it and try to free the cord.

 

He started the engine and put it in forward gear but did not know how to release the parking brake.

 

He asked for assistance, so the operator reached into the cab and released the parking brake.

 

Once the brake released, the forklift started moving toward the metal racks.

 

The coworker swerved to avoid the racks and the operator was crushed between the rear of the forklift and one of the metal uprights.

 

The coworker then panicked and jumped from the forklift, which finally came to a stop when its forks ran into a wall. The operator was pronounced dead shortly after arriving at the hospital.

 

Following the incident, investigators found:

 

• The employer had an Accident Prevention Program (APP) and had performed a Job Hazard Analysis (JHA) prior to this task, but this situation was not an expected hazard.

 

• Neither the operator nor the coworker had completed a required operator training program before operating the forklift or other powered industrial tucks (PITs).

 

• The operator had received on the job training and was authorized by the employer to operate the forklift. The coworker was not trained or authorized to operate the forklift.

 

 

• Employers must make sure employees successfully complete an operator training program before operating PITs. WAC 296-863-60005

 

 

FACE investigators concluded that to help prevent similar occurrences employers should:

 

• Train workers to:

 

• Identify unexpected situations, not specifically addressed in the JHA. • Evaluate the hazards associated with unexpected situations.

 

• Control the hazards safely if possible and check with a supervisor if they cannot or have questions.

 

• Instruct unauthorized workers never to operate PITs, even if only for a short time. Likewise, instruct authorized operators to prevent unauthorized workers from operating PITs.

 

Source: Washington State FACE Program