ON MARCH 27, 2009, THE MARYLAND REGISTER
WILL PUBLISH FINAL ACTION OF MARYLAND'S CRANE SAFETY REGULATIONS. THE REGULATION WILL BECOME A FINAL ACTION ON APRIL 6, 2009.
THE NEW CRANE SAFETY REQUIREMENTS WILL REQUIRE EMPLOYERS TO TAKE IMMEDIATE ACTION TOWARDS ENSURING COMPLIANCE.
RECOGNIZING THE CHALLENGES ASSOCIATED WITH ACHIEVING FULL COMPLIANCE FOR SOME EMPLOYERS, THE COMMISSIONER OF LABOR AND INDUSTRY IS PROVIDING A TRANSITIONAL PERIOD FOR ENFORCEMENT RELATED TO THE
NEW REQUIREMENTS. MOSH WILL NOT ISSUE CITATIONS OR SANCTION CIVIL PENALTIES THROUGHOUT THE CLOSE OF THE CALENDAR YEAR (DECEMBER 31, 2009) FOR ANY APPARENT VIOLATIONS INVOLVING THE
NEW REQUIREMENTS OF THE REGULATION. NOTICES OF APPARENT VIOLATIONS WILL BE ISSUED TO HELP IDENTIFY AREAS REQUIRING COMPLIANCE ACTION.
Below is the new regulation:
Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 12 DIVISION OF LABOR AND INDUSTRY
09.12.26 Crane Safety
Authority: Labor and Employment Article, §§2-106(b) (4) and 5-312,
Annotated Code of Maryland
.01 Purpose.
The purpose of this chapter is to prevent incidents that result in property damage, injury, and death, related to the operation of cranes when used in construction and demolition.
.02 Scope.
A. Except as provided in §B of this regulation, this chapter applies to all cranes and crane operators, signal persons, riggers, and crane operator trainees, and to the erection, operation, and dismantling of cranes used in construction and demolition.
B. This chapter does not apply to:
(1) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, and track loaders, when used with or without chains, slings, or other rigging to lift suspended loads;
(2) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles;
(3) Service trucks with mobile lifting devices designed specifically for use in the power line and electric service industries, such as digger derricks, when used in the power line and electric service industries for auguring holes to set power and utility poles, or handling associated materials to be installed or removed from utility poles;
(4) Equipment originally designed as vehicle-mounted aerial devices for lifting personnel and self-propelled elevating work platforms;
(5) Powered industrial trucks, such as forklifts;
(6) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair;
(7) Equipment that hoists by using a come-along or chainfall; and
(8) A crane while it has been converted or adapted for a nonhoisting or nonlifting use, including, but not limited to, use as a power shovel, an excavator, or a concrete pump.
.03 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "ANSI" means the American National Standards Institute.
(2) "ASME" means the American Society of Mechanical Engineers.
(3) "ASSE" means the American Society of Safety Engineers.
(4) "Commissioner" means the Commissioner of Labor and Industry.
(5) "Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them.
(6) "Crane" means a machine for lifting and lowering a load and moving it horizontally, which has a hoisting mechanism that is an integral part of the machine.
(7) "Crane operator" means an individual who operates a crane.
(8) "Crane operator trainee" means an individual who is engaged in a structured training program under the direct supervision of a crane operator who meets the requirements of this chapter.
(9) "Direct supervision" means that the supervisor:
(a) Is in the immediate area of the operation;
(b) Is within visual sighting distance of the operation;
(c) Is able to effectively communicate with the persons engaged in the operation; and
(d) Has no duties other than to observe and supervise the operation.
(10) "Level I rigger" means an individual who works under the supervision of a competent person and on a routine basis performs rigging work engaged in lifting loads, other than rigging for special lifts, and the erection, dismantling, jumping, or reconfiguring of cranes.
(11) "Level II rigger" means an individual who has accumulated 2 or more years of experience working as a level I rigger and performs rigging work engaged in lifting loads for special lifts, or the erection, dismantling, jumping, or reconfiguring of cranes, or all of these.
(12) "Master/lead rigger" means an individual who has accumulated 5 or more years of experience rigging loads and is authorized by the employer to take prompt corrective action to eliminate hazards.
(13) "NCCA" means the National Commission for Certifying Agencies.
(14) "Qualified person" means a person who, by possession of a recognized degree in an applicable field or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve problems relating to the subject crane operations.
(15) "Rigger" means an individual who is engaged in the process of lifting, moving, and rigging loads with hardware and equipment used to attach a load to a crane.
(16) "Rigging" means the hardware, equipment, and means used to safely attach a load to a crane by means of adequately rated and properly applied slings or other devices.
(17) "Safety sensitive position" means a position subject to drug and alcohol testing because the nature of the employee's duties and responsibilities indicate a potential that impaired performance due to drugs or alcohol, or both, could result in injury or death to the employee or others.
(18) "Signal person" means an individual who communicates guidance and direction to a crane operator in lifting, hoisting, moving, or releasing a load.
(19) "Special lift" means a lift using multiple cranes or the erection, dismantling, or jumping of a tower crane.
(20) "Tower crane" means a power-operated hoisting machine in which a boom, swing jib, or structural member is mounted upon a vertical mast or tower structure with the function of hoisting, lowering, and swinging loads at various radii.
.04 Incorporation by Reference.
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes.
(2) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes.
(3) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks.
(4) ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and Responsibilities-American National Standard for Construction and Demolition Operations.
.05 Drug and Alcohol Free Workplace and Substance Abuse Policy.
A. An employer who employs individuals within a safety sensitive position shall have a drug and alcohol free workplace and substance abuse policy as required by this regulation.
B. The Commissioner designates crane operators, signal persons, riggers, and crane operator trainees as safety sensitive positions.
C. In addition to the positions designated by the Commissioner, an employer may designate other employees who work with or around cranes as being safety sensitive positions.
D. An employer's drug and alcohol free workplace and substance abuse policy shall, at a minimum, require:
(1) Mandatory drug or controlled substance and alcohol testing for all safety sensitive positions under the following circumstances:
(a) At the commencement of employment in a safety sensitive position;
(b) Under reasonable suspicion by the employer;
(c) Randomly; and
(d) Unless the medical condition of the employee does not permit it, immediately or not later than 24 hours following any incident for which crane operations were a direct or indirect cause and which involve:
(i) Property damage greater than $5,000;
(ii) Bodily injury; or
(iii) A fatality;
(2) Testing requirements that are consistent with 49 CFR Part 40, U.S. Department of Transportation, and Health-General Article, §17-214, Annotated Code of Maryland;
(3) A prohibition on employees working in a safety sensitive position while under the influence of alcohol, drugs, or a controlled substance, unless:
(a) An employee is using a controlled substance under the direction of a licensed physician who has advised the employee that the substance will not adversely affect the employee's ability to safely perform the duties assigned;
(b) The employee notifies their supervisor and provides written medical documentation from their physician; and
(c) The employer consents; and
(4) A prohibition on the use, possession, or manufacture of any unlawful drug or use of alcohol while at work.
.06 Crane Operator Requirements.
A. An employer shall ensure that an individual is trained and successfully meets the applicable requirements in subsection B of this regulation for a mobile crane, a tower crane, or a derrick, or all of these depending upon which of these types of cranes the individual will be operating.
B. Except for a crane operator trainee, an employer may not require or permit an individual to operate a crane unless the individual is trained and successfully meets the following requirements:
(1) The individual has participated in training and passed a written examination that is developed and administered in accordance with the Standards for Educational and Psychological Testing, published jointly by the Joint Committee of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education, and that tests knowledge and skills necessary for safe crane operation, including the following:
(a) Operational characteristics and controls, limitations and use, rated load capacities, and special hazards, including characteristic and performance questions appropriate to the crane type for which qualification is sought;
(b) Emergency control skills, such as a response to fire, power line contact, loss of stability, or control malfunction;
(c) Basic arithmetic skills necessary for crane operation;
(d) The ability to read and comprehend the crane manufacturer's operation and maintenance instruction materials, including load capacity information, such as load charts, for the crane for which certification is sought; and
(e) Depending upon the type of crane the operator intends to operate:
(i) Knowledge of Chapter 3-3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(ii) Knowledge of Chapters 5-0 through 5-3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(iii) Knowledge of Chapters 6-0 through 6-3 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks;
(2) The individual:
(a) Demonstrates proficiency in operating the specific type of crane;
(b) Performs a practical skills examination that includes pre-start and post-start inspection, maneuvering skills, shutdown, and securing procedures; and
(c) Demonstrates specific knowledge of crane operations, including:
(i) Voice and radio communications;
(ii) Personal fall protection methods;
(iii) Emergency procedures; and
(iv) Hazards and restrictions associated with working adjacent to overhead electric lines and equipment;
(3) The individual provides every 2 years the following current medical documentation:
(a) Proof of successful completion of a physical examination conducted by a licensed physician that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(b) A certificate of medical examination as required for a commercial driver's license that would be acceptable to the U.S. Department of Transportation, unless the employee provides documentation from a licensed physician that the failure to meet these qualifications will not affect the individual's operation of a crane; and
(4) The individual has successfully passed a substance abuse test pursuant to the employer's drug and alcohol free workplace and substance abuse policy.
C. In lieu of compliance with §B(1)-(3) of this regulation, an employer may accept a crane operator certification from a nationally recognized certification program accredited by the NCCA or ANSI that demonstrates that, depending upon the type of crane for which certification is sought, the individual has acquired and maintains the knowledge, skill, and ability as referenced by:
(1) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(2) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; and
(3) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks.
D. An employer shall ensure, through testing every 5 years, that the crane operator maintains the knowledge, skills, and abilities as required by §B(1)-(3) of this regulation.
.07 Crane Operator Trainee Requirements.
A. The employer may allow a crane operator trainee, who is engaged in a structured learning program, developed and documented by the employer and designed to give the crane operator trainee the training requirements specified for crane operators in Regulation .06A of this chapter, to operate cranes under the following circumstances:
(1) The crane operator trainee is under the direct supervision of a crane operator for the type of crane operated by the trainee; and
(2) The crane operator trainee has demonstrated a basic understanding of crane operations, including:
(a) Crane limitations;
(b) Standard hand signals as defined in ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes;
(c) Voice and radio communications;
(d) Crane dynamics involved in swinging, controlling, and stopping loads;
(e) Boom deflection from hoisting loads;
(f) Personal fall protection methods; and
(g) Hazards and restrictions associated with working adjacent to overhead electric lines and equipment.
B. In lieu of compliance with §A (2) of this regulation, an employer may accept proof of completion of training through an operating engineer apprenticeship program that has been approved by the Maryland Apprenticeship and Training Council.
C. A crane operator trainee shall provide every 2 years the following current medical documentation:
(1) Proof of successful completion of a physical examination conducted by a licensed physician that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(2) A certificate of medical examination as required for a commercial driver's license that would be acceptable to the U.S. Department of Transportation, unless the employee provides documentation from a licensed physician that the failure to meet these qualifications will not affect the individual's operation of a crane.
D. A crane operator trainee shall successfully pass a substance abuse test pursuant to the employer's drug and alcohol free workplace and substance abuse policy before beginning work as a crane operator trainee.
.08 Signal-Person Requirements.
A. An employer shall ensure that no individual is permitted to provide hand or verbal signals to control crane operations unless the individual has received the following training:
(1) Proficiency in hand and verbal signals, including the standard method for hand signals, as required by:
(a) Chapter 3-3.3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(b) Chapter 5-3.3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(c) Chapter 6-3.4 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks;
(2) In depth knowledge of crane operations and limitations, including the crane dynamics involved in swinging, controlling, and stopping loads, and boom deflection from hoisting loads; and
(3) Specific knowledge of crane operations, including:
(a) Voice and radio communications;
(b) Personal fall protection methods;
(c) Emergency procedures; and
(d) Hazards and restrictions associated with working adjacent to overhead electric lines and equipment.
B. In lieu of compliance with §A of this regulation, an employer may accept a certification from a nationally recognized certification program accredited by the NCCA or ANSI that demonstrates that the signal person has acquired and maintains the knowledge, skill, and ability required by §A of this regulation.
.09 Rigger and Rigging Requirements.
A. An employer shall ensure that all rigging used is in accordance with the rigging manufacturer's limitations and requirements.
B. An employer shall ensure that no individual is permitted to rig loads to be lifted by a crane unless the individual has received training appropriate to the level of work to be performed, consistent with the requirements of this regulation.
C. An employer shall ensure that a level I rigger has completed training in the safe application, use, and limitations of rigging equipment, as applicable to the work performed, and has a basic knowledge of the following:
(1) Voice and radio communications;
(2) Standard hand signals as defined in:
(a) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(b) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(c) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks;
(3) Rigging hardware, including:
(a) Hooks and similar attaching devices;
(b) Shackles, clips, and clamps; and
(c) Taglines;
(4) Synthetic/wire rope slings; and
(5) Common load configurations and positioning.
D. The level I rigger shall demonstrate specific knowledge of crane operations, including:
(1) Voice and radio communications;
(2) Personal fall protection methods;
(3) Emergency procedures; and
(4) Hazards and restrictions associated with working adjacent to overhead electric lines and equipment.
E. An employer shall ensure that in addition to the requirements of a level I rigger, a level II rigger has completed training in the safe application, use, and limitations of rigging equipment, as applicable to the work performed, including:
(1) Come-along/chain hoist operations;
(2) Rigging hitches and knots;
(3) Anchor points;
(4) Synthetic ropes for rigging;
(5) Wire rope;
(6) Chains;
(7) Reeving;
(8) Spreader bars and equalizing beams;
(9) Synthetic slings;
(10) Lifting points;
(11) Dollies;
(12) Trollies;
(13) Manual and power tuggers and winches;
(14) Bars and levers;
(15) Fiber rope for rigging jacks, jacking systems, and rams;
(16) Links and rings;
(17) Plate clamps;
(18) Softeners; and
(19) Cable dogs/grips.
F. In lieu of compliance with §D of this regulation, an employer may accept proof of completion of training through an apprenticeship program for riggers that has been approved by the Maryland Apprenticeship and Training Council.
G. An employer shall ensure that in addition to the requirements of a level II rigger, a master/lead rigger has completed training in the safe application, use, and limitations of rigging as applicable to the work performed, including:
(1) Blind hoists;
(2) Traveling with the load;
(3) Work in close quarters;
(4) Personnel lifting procedures;
(5) Load dynamics;
(6) Load weight estimation or determination;
(7) Specific criteria from the manufacturer or equipment representative in the safe and appropriate methods of erection, dismantling, jumping, and reconfiguring of cranes;
(8) Specific criteria for lifting a single load with multiple cranes;
(9) Load indicator devices;
(10) Capacity or load charts;
(11) Mechanical advantages;
(12) Center of gravity;
(13) Effects of angles or indirect pulling;
(14) Equipment capacity computations;
(15) Drum/diameter (D/d) ratios;
(16) Vectors and angles; and
(17) Boom angles and road radius.
H. In lieu of compliance with §C, E, or G of this regulation required for a level I rigger, level II rigger, and master/lead rigger respectively, an employer may accept a certification from a nationally recognized certification program accredited by the NCCA or ANSI that demonstrates that the rigger has acquired and maintains the knowledge, skills, and abilities as required by §C, E, or G of this regulation.
I. An employer shall ensure that riggers receive refresher training under the following circumstances:
(1) If there are changes in the workplace or assigned duties and responsibilities that render the previous training obsolete;
(2) If there are changes in the types of rigging systems or equipment to be used, rendering the previous training obsolete; or
(3) If a competent person observes or is aware of inadequacies in a rigger's knowledge, performance, use of rigging systems, or equipment that indicate that the rigger has not retained the requisite understanding or skill.
J. All riggers shall successfully pass a substance abuse test pursuant to the employer's drug and alcohol free workplace and substance abuse policy.
.10 Crane Inspections.
A. An employer shall ensure that an initial inspection to verify operational safety of the equipment is conducted prior to the use of all new and altered cranes by a qualified person consistent with the periodic inspection requirements contained in:
(1) Chapter 5-2.1.3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(2) Chapter 6-2.1.3 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks.
B. Inspections shall be conducted by the employer on a regular basis as follows:
(1) Daily inspections shall be conducted by a competent person when a crane is in use in accordance with the manufacturer's specifications and:
(a) Chapter 3-2.1.3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(b) Chapter 5-2.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(c) Chapter 6-2.1.2 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks; and
(2) Annual inspections shall be conducted by a qualified person on a 12-month interval in accordance with:
(a) Chapter 3-2.1.4 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Construction Tower Cranes;
(b) Chapter 5-2.1.3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Mobile and Locomotive Cranes; or
(c) Chapter 6-2.1.3 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings-Derricks.
C. An employer shall maintain inspection records for all inspections conducted on cranes, including inspections of brakes, crane hooks, ropes, hydraulic and pneumatic cylinders, and hydraulic and pneumatic pressure valves.
D. An employer shall maintain copies of inspection and maintenance records as follows:
(1) Daily inspection records for 1 year.
(2) Annual inspection records and maintenance records for 3 years.
E. An employer shall make all records available to the Commissioner of Labor and Industry or the Commissioner's representative for review upon request.
.11 Tower Cranes.
A. An employer shall ensure that prior to the erection or modification of any tower crane or supporting structure, a qualified person shall determine the appropriate and safe method to integrate, assemble, and erect the tower crane for that site.
B. The employer shall ensure that when a tower crane is erected, dismantled, jumped, or reconfigured the following are maintained at the site where the work is performed:
(1) Written instructions by the manufacturer or a qualified person; and
(2) A list of the weights of each subassembly to be erected, dismantled, jumped, or reconfigured.
C. Except when approved and documented by a qualified person, prior to the commencement of work on the tower crane, the employer shall establish procedures for the particular site for the erection, dismantling, jumping, or reconfiguration work.
D. An employer shall ensure that the erection, dismantling, jumping, or reconfiguring of a tower crane is performed under the direct supervision of a master/lead rigger.
E. An employer shall ensure that a daily job safety briefing is conducted before the commencement of work with all persons working on or around the crane in the following circumstances:
(1) Prior to each jumping operation;
(2) Prior to when the boom, jib, or counter-jib is to be reconfigured; or
(3) Prior to when a tower crane is to be dismantled.
F. An employer shall ensure that the master/lead rigger discuss the following at the daily job safety briefing:
(1) The site-specific procedures;
(2) The manufacturer's recommendations and precautions;
(3) Any concerns related to the process that is to be undertaken;
(4) The communication methods and procedures to be used; and
(5) The process workload for the work shift, including the individual tasks to be performed by each person.
G. An employer shall ensure that erection, dismantling, and inspections shall be conducted in accordance with Chapters 3-1 and 3-2 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings -Construction Tower Cranes.
.12 Record Keeping.
A. An employer shall maintain a written record of the training for each crane operator, signal person, rigger, and crane operator trainee.
B. Training Records.
(1) All training records shall be maintained for 5 years in the employer's principal office of the business in Maryland.
(2) An employer shall make the training records available to the Commissioner of Labor and Industry or the Commissioner's representative for examination and copying upon request.
.13 Special Lifts.
A. An employer shall ensure that each time a special lift occurs, it is under the direct supervision of a master/lead rigger.
B. An employer shall ensure that prior to the commencement of work, all rigging used in special lifts is inspected for compliance with all requirements by the master/lead rigger.
C. Except as provided in subsection D, forty-eight hours prior to the commencement of any special lift, an employer shall notify the Commissioner of Labor and Industry by e-mail to
speciallift@dllr.state.md.us, or fax at 410-767-2986, with the following information:
(1) Name of employer;
(2) General or managing contractor;
(3) Type of special lift;
(4) Site location;
(5) Specific site of special lift within the location;
(6) Site contact person and phone number;
(7) Equipment involved; and
(8) Scheduled time of special lift.
D. If an employer is unable to provide forty-eight hours notice to the Commissioner of Labor and Industry prior to the commencement of any special lift, the employer shall provide the Commissioner with notice as soon as practical and a written explanation why forty-eight hours notice was not provided along with the required information in subsections C (1)-(8) of this regulation no later than twenty-four hours after the special lift.
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