ANSI Rules in Favor of Appeals Against A92 Standards for MEWPs

The ANSI Board of Standards Review (BSR) found in favor of two appeals filed against the approval of the new A92 standards for MEWPs, stating that the design, safe use, and training standards violate the commercial terms and conditions of ANSI’s Essential Requirements. 

The appeals, which were heard by the BSR on May 7, pertained to the requirements of the Manual of Responsibilities (MOR) and that modifications or additions to a MEWP be made only with the permission of the manufacturer, arguing that those provisions were not in compliance with ANSI’s commercial policy.

The Scaffold and Access Industry Association (SAIA), on behalf of the Accredited Standards Committee (ASC) A92 have 30 days to submit a plan to the BSR for approval on how the standards will be changed within six months of today to become compliant or the standards must be withdrawn.

The two appeals, brought by the ARA and Tutus Solutions, argued the standards violated ANSI’s commercial terms for different reasons. 

The ARA’s appeal focused on the standards’ requirement that the MOR, which is produced and sold by the SAIA, be attached to the MEWP because it endorses a single-source product and does not permit any kind of substitution. 

In its decision, the BSR agreed that the MOR requirement equals an "endorsement" of a copyrighted product and ordered that the requirement be removed. 

In Tutus’ case, the parts supplier argued that it was an ANSI violation to require all modifications of a MEWP be approved by the manufacturer.

Tutus expressed to the BSR that this prevents other qualified engineers from competing with manufacturers for business relating to modifications of MEWPs.

The BSR pointed out in its decision “that the standard itself concedes the manufacturer is not a ‘sole source’ since, in the case where the manufacturer no longer exists, modifications can be carried out ‘under the direction of an engineer with expertise in MEWPs.’ Thus, the standard could be adjusted to allow for experienced alternatives to perform modifications to the MEWP even if the manufacturer is still in existence.”

The SAIA has the option to appeal the BSR’s decision, which must be filed by June 21.

DeAnna Martin, ANSI liaison for the SAIA, says the BSR’s decision is another hurdle get past in the approval and implementation of the new ANSI/SAIA A92 standards.

“We will continue to work together as a committee to make sure our standards are compliant with the ANSI Essential Requirements” Martin said.

Please stay with www.liftandaccess.com for more on this developing news.