Thursday, January 28, 2010
Wind load standards for tower cranes and hoists
Yes, you read the title of this post correctly. The Court held in Associated Builders and Contractors v. Miami-Dade County, Florida, that the Occupational Safety and Health Act, 29 U.S.C. §651-§678, preempted a section of a local ordinance mandating wind loads for tower cranes and hoists. In doing so, the Court rejected various arguments from Miami-Dade about the focus of its ordinance, whether the federal act set a "federal standard," and whether the federal act constitutes an unconstitutional delegation of legislative power.