A small M/N firm was cited under 103A and 104B for refusing to start up a crane that had been parked for over a month and was not scheduled to be used anytime soon - probably not for months. They explained they did not have an approved crane operator available to "demonstrate" it for the inspector (the operators who run the crane were busy on other jobs).

The problem had started on Monday when the inspector had directed the Company to provide an operator to start the manlift so he could inspect it running. The Manager informed him that there were only two people task trained to operate the manlift and neither was available. Later in the shift, the manlift was to be used so the inspector was notified that the equipment operator was starting it and that would give him the opportunity to inspect it running. He observed from the operator’s inspection for safety defects through to his putting the lift in service. He found no hazards. He directed that the Crane be started as the manlift operator was also task trained for the Crane. He was informed that the task trained operator was needed to legally use the manlift and that the crane was not scheduled for use.

The Manager told the inspector he could inspect the Crane; but, they had no plans to start it or put it into production service at the time. The inspector refused the offer.

He returned the next day and issued the 103a and 104b stating that he had been denied the right to inspect the crane.

30 CFR § 56.14100
Safety defects; examination, correction and records.
SAFETY DEVICES AND MAINTENANCE REQUIREMENTS

(a) Self-propelled mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift.

“The plain language of this standard gives the specific equipment operator who will be operating the mobile equipment during the shift the right to inspect the equipment (according to 14100(b)) for safety defects.

56.1400(c) directs him to take the equipment out of service and prohibits use until the defect is corrected.

56.1400(d) directs him to make a record of any defect not corrected immediately and this record is to be kept until the defect is corrected.

All Responsibilities and Rights given in this standard are not met until the equipment operator has completed all four requirements set down for him by the standard 56.14100.”

Responsibilities for U.S. LAW The Congress of the United States Makes and Passes LAW! The Courts and The Judges Appointed to Them Interpret LAW! Citizens, Businesses, and Federal Enforcement Agencies Obey The LAW! There Are No Constitutional Exceptions to This!