June 12, 1990

F. Keith Jacobson
Vice-President
Massman Construction Company
Post Office Box 8458
Kansas City, Missouri 64114

Dear Mr. Jacobson:

This is in response to your telephone inquiry and letter of April 27, requesting interpretation of 29 CFR 1926.550(g)(3)(ii)(D), as it applies to a crane equipped with a "Vicon" torque converter, which can be placed in a neutral position, allowing the load to free fall.

This standard prohibits the use of cranes or derricks to hoist personnel platforms; unless there is no other feasible safe alternative. When applicable, the standard does identify specific crane requirements, such as anti-two-blocking devices and controlled load lowering, for hoisting personnel platforms. The standard does not prohibit the use of a Manitowac crane equipped with Vicon controls (which can be placed in neutral-thus allowing the load to "free fall"). The standard however, does prohibit the use of the free fall function when hoisting personnel platforms. Therefore, it is the activity or action of "free fall" that is prohibited not the feature or function which allow the "free fall" activity or action to be engaged that is prohibited.

I appreciate your interest in crane and employee safety and hope this information has been helpful in explaining the new standard on crane or derrick suspended personnel platforms. If this office can be of further assistance, please do not hesitate to contact us.

Sincerely,



Gerald P. Reidy, Director
Office of Construction and Maritime
Compliance Assistance