The 11th Circuit Court of Appeals has ruled that Miami-Dade County’s ordinance requiring construction cranes to be able to withstand 140 mph winds is invalid.
Construction firms had challenged the law, arguing that it would cost jobs, hinder and was beyond the county’s (or the state’s) ability to regulate compliance. The court agreed, stating that workplace safety issues are the exclusive province of OSHA.
The county had argued that cranes that couldn’t withstand hurricane-force winds constituted a danger to the public.
The court noted in its opinion that construction sites are not open to the public and therefore OSHA standards apply.
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