March 16, 1987

Reference is made to your memorandum dated February 24, 1987, on the above subject.

Commissioner Fornaro's letter requests a clarification of the applicability of the general industry standard, 29 CFR 1910.180(b)(1), to cranes used in drag line, pile driving, and/or clam shell operations. The general industry standard, 29 CFR 1910, is inapplicable to pile driving operations because under the definition of 29 CFR 1910.12(b) and the scope of 29 CFR 1926, Subpart 0, pile driving would only occur during construction or marine operations. Therefore, 29 CFR 1926, Subpart 0, is applicable to pile driving operations including those which utilize a crawler, locomotive, or truck crane.

Hazardous operations involving crawler, locomotive, and truck cranes used with drag line or clam shell attachments in general industry settings shall be cited as general duty clause, 5(a)(1) violations. Such 5(a)(1) violations should reference the applicable Power Crane and Shovel Association Standards No. 1 and No. 2 of 1968, or No. 3 of 1969. The construction standards may also be referenced.