"The Grandfather Clause" refers to unmodified equipment needing to meet the standards that were in place at the time it was built. However, this may not always be the case.
If the safety risk is high enough, the Grandfather Clause may not apply, and equipment may need to be updated. The Grandfather Clause also doesn't apply to inspection, testing, maintenance, and operational requirements. You should follow the requirements from the latest standards.
Knowing when updated standards apply is essential during crane inspections and for making sure your lifting equipment stays compliant.
The ASME B30 series explains how updates apply to existing installations. "Equipment manufactured and facilities constructed prior to the effective date of this volume of the B30 standard shall be subject to the inspection, testing, maintenance, and operation requirements of the current standard after the effective date."
ASME stipulates further that it is not their intention for the B30 standard to require retrofitting of existing equipment. When grandfathered equipment is being modified, performance requirements must be reviewed following the current volume. The equipment owner must select a qualified person to evaluate whether the crane meets these requirements. The owner has to ensure that recommended changes are made within one year.
Unmodified equipment is not always exempt from retrofitting. In 2005, the National Electrical Code (NEC) revised the grounding requirements for overhead cranes, regardless of when these cranes were designed or installed.
Previously, some overhead cranes were grounded through their wheels. The update no longer recognized this method as effective. If debris obstructed the wheels from the rail, the system would no longer be grounded, causing an electrocution hazard for operators.
Because the risk of electrocution was too high, the updated electrical code required all new and existing overhead cranes to be grounded through a dedicated line.
Another case is during modifications. Suppose you change the type of rope on the crane with the manufacturer's permission. In that case, the modification may not require updating the entire system to the latest codes.
However, suppose you change the control system from a hard-wired pendant to a remote control with VFDs. In that case, the electrical system as a whole may need to be brought to the current standard.
Since any modification could trigger retrofitting the lifting system, a Qualified Person reviewing the scenario is essential. Although the employer is responsible for selecting who will conduct this review, OSHA and ASME define who a Qualified Person is.
“Qualified Person: A person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.”
Let's review the example above of changing the control system for an overhead crane. In this case, the qualified person should be an electrical engineer with knowledge of the applicable ASME and electrical code standards. This means the employer would select a suitable engineer to determine which modifications would be required to bring the system up to code.
When an older system is being inspected, the inspector will need to know the installation date of the system and the date of any modifications made. Then, the inspector will review the system following the design standards that were in place at the time of installation or applicable modification. This is why maintaining modification records is essential, as crane inspectors must review these records for relevance.
While OSHA regulations do not change often, sections of the ASME B30 series are updated every three to five years. Understanding the different relevant standards and how the Grandfather Clause applies to your equipment is a part of all CICB Inspector Training programs. Your team will go into even greater depth on this topic.
Contact our team for help seeing how the Grandfather Clause affects your crane operations so you can maintain compliance.