By letter dated March 24. 2023, the Department of Labor and Industry was asked to prepare a written report pursuant to Rule 20(0) ofthe Rules of the Senate of Virginia concerning Senate Bill 840, which would have directed the Safety and Health Codes Board to amend Virginia's version of federal OSHA's crane standards to allow an active or passive load stabilization mechanism (hereafter crane load stabilization) to be used, if necessary, to prevent hazardous rotation of a load. The Department's response was requested by November 1, 2023.

The Department met with the interested constituent, VITA Inclinata, to discuss their issues and concerns in March of this year. As a result of the meeting, the Department requested the constituent make a formal request for a letter of interpretation to determine if regulatory changes were needed to allow for the use of this crane load stabilization technology. The Department followed-up with the constituent on multiple occasions, but as of the writing1 of this letter, no formal request for a letter of interpretation has been made by VITA Inclinata.

In order to provide a determination, the Department needs additional information from the constituent and a formal request for interpretation. Without this information, the Department cannot determine whether the use of this crane load stabilizing technology is permissible under federal OSHA"s crane standards. Please see the attached report with additional background information.

With kind regards, I am,

Sincerely,

Gary G. Pan
Commissioner