Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical Construction Industry Standards [16 VAC 25 ‑ 175]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Direct Final Rule for Cranes and Derricks in Construction: Demolition and Underground Construction
Action 3800
General Information
Action Summary On August 17, 2012, federal OSHA issued a Direct Final Rule, along with a companion notice of proposed rulemaking [77 FR 49741], that applies the requirements of the August 2010 Final Rule for Cranes and Derricks in Construction to demolition work and underground construction. This Direct Final Rule has applied the same crane rules to underground construction and demolition that were already being used by other construction sectors, and has streamlined federal OSHA’s standards by eliminating the separate Cranes and Derricks Standard currently used for underground and demolition work. The Direct Final Rule also corrected several errors introduced in the 2010 rulemaking. To cover all construction work under Subpart CC, and to correct errors, federal OSHA has amended §§1926.856(c) and 1926.858(b) by replacing the requirements to comply with Subpart DD with requirements to comply with Subpart CC, and has amended §1926.858(b) by reinstating the requirement to comply with Subpart N as well. Also, federal OSHA has amended §1926.800(t) to extend Subpart CC to underground construction, and to resolve the technical errors set forth in that section. Federal OSHA has amended the introductory paragraph of §1926.800(t) to restore the provision allowing employers to use cranes to hoist personnel for routine access to the underground worksites via a shaft without the need to show that conventional means of access are more hazardous or impossible for this purpose. This amendment excepts routine access of employees to an underground worksite via a shaft from the requirements of §1926.1431(a), requirements that are virtually identical to the requirements of §1926.550(g)(2). Federal OSHA has also restored §1926.800(t)(1) through (4). Also, OSHA has corrected three minor grammatical errors that appeared in the text of paragraphs §1926.800(t)(3)(vi), (t)(4)(iii), and (t)(4)(iv), as previously published in the Code of Federal Regulations.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: § 2.2-4006
RIS Project Yes  [003410]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6324 Final Stage complete. This regulation became effective on 01/01/2013.
Contact Information
Name / Title: John J. Crisanti  / Planning and Evaluation Manager
Address: Department of Labor and Industry
Powers-Taylor Building, 13 South Thirteenth Street
Richmond, VA 23219
Email Address:
Phone: (804)786-4300    FAX: (804)786-8418    TDD: (804)786-2376