How Do I Decide if the Crane Rail Requires Replacement

Firstly, please understand I have no "authority" in crane operation or maintenance, but from your observations there seems to be a number of reasons to cease use immediately.

You are not talking about a home engine hoist or something with an insignificant load.

You have described easily identified visible and audible signs of defects.

I presume that there are people/trucks/other machinery that the crane passes over on each cycle.

I am surprised that you feel the need to ask the question. What safety inspection regiem is expected for your working industry? I feel confident the crane you described would not pass annual certification in Aus.

Imagine the headlines and investigation if there is a fatal accident and you are confronted by the angry mob. You know about this, you recognise it as a concern anad you choose to take no action. In Aus, that makes you equally liable as the company.

Get it fixed!!

Based on what you have identified, I suspect you would be very liable if you operated that crane in that condition and something went wrong.

If the port authority won't effect repairs then notify the NOHSA (National Occupational Health & Safety) office. At least mention it to your union rep if your in the union but do it in writing and demand replies in writing.

At all times you must C.A.R.E. cover arse retain employment, don't be the scapegoat.

Commercially operated cranes have a designed service life, at 36 years old that crane should have been pensioned off 11 years ago. If not pensioned off subject to regular rigourous technical audits and maintainance.

The laws in Oz are similar to the ones in the US when it comes to issues of this nature.

Should you be operating that crane, being aware of the defect, and there is an incident involving impairment or loss of life then you will be liable for it.

The Port would probably crucify any private entity that did this. But then this is guvmint. Welcome to whistle-blower land, and good luck. You might consider writing as a "concerned citizen" to various entities, such as the press. Too bad you are in this CYA situation, so proceed carefully.

In the UK you are required to do a visual inspection at the start & end of each shift and report any defects.

As the electrician on a multi discipline team I very often found myself as the crane driver for the mechanical bods. I had a company director going berserk at me for refusing to lift a 40T load when I spotted a "bird-cage" in one of the ropes. The other lads on the gang backed me up, can't say as I blame them though, they would have been under it.

You can contact your local HSE (Health & and Safety Executive) anonymously and they will enter the site and do an inspection. They will also check other things so as not to give your game away.

Protect your self from prosecution. Your neck is on the block.

Because you work on a dock or port area. Your controlling safety inspectors would be the US Coast Guard. They handle dock side safety issues such as this.

Knowing cranes as well as I do. If what you are describing is true, then do not operated the unit. Knowingly operating a piece of equipment that is un-safe. Makes you the operator liable for things that could happen. Courts find this to be true in many different areas of the country, not sure about your area or not. If your unionized talk to your union BA or Steward.

1- You are lucky that the rail did not break and that you did not have a heavy accident. The risk is to have one EVERYDAY you use the crane.

2- Most probably the crack is due to the eccentric load following the missing piece at the upper side. This leads to a transversal bending moment and the profiles are in general used with bending in a direction normal to this one. The crack is limited in length due to the bending moment transmission to more rigid zones (but it will grow!) and the "hinge" effect of the reduced wall thickness.

3- The violent bang is a consequence of shock loads which INCREASE the risk of failure.

4- If you make some pictures and give some dimensions it is possible to quantify the situation and give you a better argument with the port authority.

You should get photographs of the defects and documentation that you reported this very dangerous situation to the port authority, dates, times, and defects reported.

If there is a catastrophic failure and god forbid someone dies, you will most likely be dragged into the fray. (SH*T Rolls Downhill Law)

You need documentation to protect yourself.

Next step, run, do not walk, to the nearest Coast Guard Station and then your local OSHA Office to report this defective equipment.

If you are represented by a Union, be sure the BA (not the on-site steward) is aware of this situation.

I am assuming that you are a sub-contractor for the Port Authority, if this is the case, be sure to notify your employer also.

The larger paper trail you have (Let the SH*T Roll, I Can Wipe Large Areas Law), the better you will be protected.

Good Luck Brother!

1: DON'T OPERATE IT!!!! YOU'RE LIABLE!!!!

2: report it, with pictures to osha, union, and local tv stations and/or newspapers.

You've gotten very good advice to this point. Certainly it's possible that a jury could certainly could hold you at least partially liable in a civil court for "damages" (property or human). From a regulatory standpoint , if you've informed your management of the deficiencies, consistently document the deficiencies during your operator inspections,... you'd have protection. Under the OSHAct your employer cannot compel you to use equipment that you know puts yourself or other in danger (Secton 5 a(1) of the act). So you have the right under OSHA to refuse to use that crane. You are also protected under the Whistleblower act. That's Federal protection in addtion to OR OSHA. Now comes the moral part of this.

If you've gone to your management, to your Safety Department, to your union (I'm assuming you're a union operator), and you still know in your heart that this crane is not safe to operate then there's only one thing left to do. You owe it to the guy you look at every morning when you shave to call OR-OSHA and report the situation. If you are concerned that OR OSHA may be conflicted due to the fact that the Port Authority is a government agency, then you could contact Federal OSHA, express that concern, and at the very least they will "oversee" OR OSHA's handling of the complaint. Good luck! I hope you can resolve this.

There's another issue here also. You know about the unsafe condition of this crane and so does the operating authority.

Considder this. What else at the facility is in a dangerous condition that you don't know about and is putting you into danger?????

If they are being beligerent relating to something that seems so obvious, then it's likely there are other significant issues that are also not being addressed.