Helicopters and hoisting equipment

The subpart covers safety rules for helicopters, hoists, elevators, and conveyors used in construction work. 1926 Subpart N is titled “Helicopters, Hoists, Elevators, and Conveyors” and is the OSHA collection of requirements and guidance that apply to those pieces of equipment in construction.

• Use the linked standard to locate specific sections for each type of equipment.
• The subpart’s authority and history are listed at the top of the standard, which helps explain its legal basis and amendments. 1926 Subpart N

No — federal OSHA does not have a specific physical qualification rule that automatically prohibits a person with sight in only one eye from operating a crane. The OSHA letter of interpretation states that there is no federal OSHA standard that sets physical qualification requirements for crane operators and that loss of sight in one eye, by itself, would not automatically be considered a hazardous condition under Section 5(a)(1) of the OSH Act. See the OSHA interpretation Crane operator physical requirements | October 18, 2007 and the Subpart title 1926 Subpart N.

• Employers and licensing authorities may still set their own qualifications or requirements (see the next Q&A about state plans and employer policies).

No — ANSI B30.5-1968 physical qualification requirements were not incorporated by reference into federal OSHA’s crane standard in 29 CFR Part 1926 Subpart N. The OSHA letter of interpretation explicitly states the physical qualification requirements in ANSI B30.5-1968 were not incorporated into Subpart N. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• Employers may still choose to follow ANSI as voluntary best practice, but it is not a federal requirement under Subpart N.

No — having sight in only one eye does not automatically make crane operation a recognized hazard under the OSH Act. OSHA’s interpretation says that the fact an employee has sight in only one eye would not, by that fact alone, be considered a hazardous condition for purposes of Section 5(a)(1) of the OSH Act. See Crane operator physical requirements | October 18, 2007 and the Subpart title 1926 Subpart N.

• OSHA recognizes that some workers can compensate for vision loss and safely perform crane operation duties; competency should be judged on an individual basis.

Yes — States that operate their own OSHA-approved plans may have more stringent requirements and can require physical qualifications that go beyond federal OSHA standards. OSHA’s letter of interpretation notes that State plans are required to be at least as effective as federal OSHA but may enact more stringent requirements, which employers in those States must follow. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• If you work in a State-plan State, check the State’s construction standards or contact the State Plan office for any additional operator qualification rules.

Yes — employers may establish their own reasonable physical qualification requirements for crane operators in the absence of a federal physical-qualification rule, but those requirements should be based on legitimate safety needs and comply with other laws (for example anti-discrimination laws). OSHA’s interpretation confirms federal OSHA does not set specific physical qualification requirements, which means employers often develop their own policies or adopt industry standards. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• When creating employer qualifications: document the safety rationale, apply requirements consistently, and check State-plan rules that may be stricter.

Federal OSHA enforces the federal standards in 29 CFR Part 1926 (including Subpart N) on sites under federal jurisdiction, and State OSHA plans enforce their own standards in State-plan States. The OSHA interpretation highlights that State plans may have more stringent requirements that employers must follow where applicable. See 1926 Subpart N and Crane operator physical requirements | October 18, 2007.

• If you are unsure which rules apply at a worksite, confirm whether the State has an OSHA-approved plan and consult that State’s standards.

You can contact OSHA’s Directorate of Construction for clarification by fax or mail using the contact information provided in the OSHA letter of interpretation. The letter lists a fax number and a mailing address for the Directorate of Construction’s Office of Construction Standards and Guidance. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• The interpretation specifically gave fax number 202-693-1689 and directed mail to Room N3468, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 (expect slower response by mail).
• For formal interpretations or written guidance, use the Directorate contact methods above.

The "AUTHORITY" line lists the statutes and Secretary of Labor orders that give OSHA the legal power to issue and enforce the rules in Subpart N. For Subpart N, those authorities include statutes such as 40 U.S.C. 3701 and provisions of the Occupational Safety and Health Act (29 U.S.C. 653, 655, 657) as well as Secretary of Labor orders and 29 CFR 1911. See the Subpart header at 1926 Subpart N for the exact authority citations.

• Knowing the authority helps you understand where OSHA derives its rulemaking power and where to look for related regulatory history and amendments.

No — the absence of a specific federal rule does not automatically make any employer-set qualification acceptable; employers are still responsible for ensuring safe operations and for complying with applicable laws and State-plan requirements. OSHA’s interpretation of crane operator qualifications explains federal OSHA does not prescribe physical qualifications, but it also makes clear safety is assessed under Section 5(a)(1) of the OSH Act and that State plans may impose stricter rules. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• Employers should document the safety basis for any qualifications, apply them uniformly, and verify they don’t conflict with State rules or anti-discrimination law.

Yes — employers can voluntarily follow ANSI or other consensus industry standards as best practices even when those standards are not formally incorporated into the federal regulation. The OSHA letter of interpretation notes that ANSI B30.5-1968 was not incorporated into Subpart N, but employers commonly adopt voluntary standards to meet or exceed federal safety expectations. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• Voluntary standards can be useful to demonstrate due diligence and may be required by contract or by State-plan rules even when not required by federal Subpart N.

Section 5(a)(1) places a general duty on employers to provide a workplace free from recognized hazards likely to cause death or serious harm, and OSHA may use that provision to address hazards not covered by a specific standard. The OSHA interpretation about crane operator qualifications explicitly references Section 5(a)(1) when explaining that having sight in only one eye would not automatically be considered a recognized hazard under that provision. See Crane operator physical requirements | October 18, 2007 and 1926 Subpart N.

• Use Section 5(a)(1) as a reminder that employers must still assess and mitigate hazards even where a specific regulatory requirement does not exist.