The lawsuit, filed by the Associated Builders and Contractors, Inc., Associated General Contractors, the Construction Association of South Florida and the Florida Crane Owners’ Council, seeks an immediate and permanent injunction against the county. The Crane Owners’ Council says the ordinance ‘poses a danger to public safety and would bring commercial construction to a halt’.
Brian A. Wolf, a partner with specialist construction lawyers Smith, Currie & Hancock LLP, representing the crane owners, said, “The U.S. Department of Labor’s Occupational Safety and Health Administration clearly states that the Secretary of Labor must approve any ordinance that would infringe upon existing OSHA laws. Miami-Dade has not followed the proper federal procedure. We are also deeply concerned that the County’s crane ordinance will have a serious negative impact on commercial construction in Miami without any improvement in safety.”
The Crane Owners’ Council quotes (unnamed) tower crane experts, who argue that the new ordinance will require cranes to be climbed three times more often. As climbing is one of the riskier aspects of crane operation, and the cause of nine deaths in two recent accidents in the USA, the council argues this will make tower crane use more dangerous.
The council says that the ordinance would require cranes to be tied down and treated as permanent structures. This practice makes the crane and building more rigid than it is designed to be, increasing the risk of damage. Peter Dyga, Vice-President of Associated Builders and Contractors Florida East Coast Chapter, said, “Just like pine trees tend to snap in high wind while palm trees survive because they move with the wind, this ill-conceived requirement will put property and people at greater risk,” said.
The council also argues that none of the 200 tower cranes in the county would be able to comply with the ordinance in its current form. The council claims manufacturers would have to build special versions of their cranes to meet the Miami-Dade standard.
