A Federal Mine Safety and Health Review Commissions judge’s decision sets a new legal framework for what MSHA requires in the safe use of spreader bars, and emphasizes that reliance on similar OSHA standards in this area is not adequate on a mining site, even for independent contractors who normally work under OSHA’s jurisdiction.
The judge’s ruling in MSHA v. Sims Crane establishes that a spreader bar is equivalent to a “suspended load” for purposes of MSHA compliance. Also noteworthy: the judge found a “high” level of negligence because a crane operator walked under a suspended spreader bar after an inspector expressly said not to do so.
At issue is a citation by MSHA at a quarry in Florida City, FL issued in April 2015, where contractors including Sims Crane were on-site to complete modifications to the plant.
The citation alleged that Sims’ crane operator and helper did not stay clear of a suspended load, violating MSHA standard 30 CFR 56.16009. 
This would be a fairly straightforward citation from the point of view of meeting the MSHA standard, but for the question of whether a spreader bar should be considered a “suspended load.”
Judge Thomas P. McCarthy concurred with the inspector’s determination that the spreader bar was a “load” under the standard, and not only upheld the citation but boosted its negligence to the “high” from “moderate” classification.
While decisions by Administrative Law Judges are not binding on all MSHA litigation, unless or until the Review Commission rules affirms the ruling, the decision will be a reference for other judges when deciding citations and orders issued under 56.16009, a MSHA Rules to Live By standard.
Defining A ‘Load’
Though a loss for the operator, this ruling helps clarify MSHA interpretations of the standard with respect to what a “suspended load” actually is. As the decision points out, standard 56.16009 aims to prevent individuals from being hit and injured by such loads should they fall or swing. Continue reading
