Tree services and cranes often overlap in day-to-day work. With cranes becoming more common on tree sites, one question continues to arise and is in constant debate: Is it legal for a qualified arborist to be hoisted into a tree in order to access it?
This recurring question arises with good reason — it's one of the greyest areas when using a crane to remove trees.
What's Really Being Asked
The question is really asking whether a trained, experienced tree cutter can directly tie to a crane hoist line and be lifted into a tree by the crane. It sounds straightforward, but the answer has been anything but — until recently.
Both tree services and crane companies have historically quoted different rules and different interpretations. That's because prior to June 2021, OSHA did not have clear regulations regarding this specific type of work. Instead, OSHA had exempted tree work from Subpart CC and relied on a patchwork of standards from the OSH Act, including 29 U.S.C. §654(a)(1) (the General Duty Clause) and OSH Act Section 5(a)(1).
The Crane Operator's Perspective
From the crane's point of view, the answer has always been — and should be — no.
Crane operators and crane companies cite OSHA 1926.1431(a) — Hoisting Personnel, which essentially prohibits hoisting personnel with a crane if there is another, safer method available. This includes aerial lifts, bucket trucks, or even ladders. An employer would have to demonstrate there is no safer way to perform the work in order to justify hoisting personnel by crane — and even then, they would still be required to use a certified personnel platform (man basket).
The Tree Service's Perspective
Tree services, on the other hand, have almost always said yes, it is allowed. They reference ANSI Z133.1-2006 in favor of their argument. That standard states:
"A qualified arborist may be hoisted into position utilizing a crane if the arborist is tied in with an arborist saddle and secured to a designated anchor point on the boom or line. The following procedures shall be followed when an arborist is to be lifted by a crane…"
The ANSI standard then goes on to list 12 subsections describing the necessary equipment and proper procedures that must be used.
OSHA's 2021 Enforcement Change
On June 24, 2021, OSHA canceled their August 21, 2008 instruction CPL 02-01-045 — the Tree Care Directive — and issued new enforcement guidance for their Compliance Safety and Health Officers (CSHOs).
Among these new requirements is OSHA 29 CFR §1910.180(h)(3)(v), which prohibits hoisting an individual on the crane load or hook. This requirement applies even though the ANSI standards for Arboricultural Operations (ANSI Z133-2017, §5.7.11) allow the hoisting of personnel into a tree.
This is the critical point that many in the tree care industry still don't fully appreciate:
An employer's reliance on ANSI standards alone is not a defense for violating OSHA.
An employer may attempt to claim that compliance with OSHA's standard is impossible, infeasible, or that it would present a greater hazard to the employee. However, the burden of proof rests entirely with the employer. This would be a lengthy process to prove, and if alternative means of accessing the tree exist — an aerial lift, a bucket truck, a different approach — it will be very difficult to validate hoisting personnel by crane.
The Bottom Line
The answer to the question is no. OSHA supersedes all other regulations, including ANSI. You cannot use a crane to hoist an arborist — qualified or otherwise — into a tree.
Simply stating that the tree isn't safe to climb is no longer a valid justification. For years, many tree services used this unchecked excuse to speed up job completion time, putting profit over safety. The reality is that there is rarely a situation where there isn't enough room to accommodate another piece of equipment that would allow safe access to the tree.
Lifting personnel by crane is inherently dangerous, and when it must be done, it needs to be done as safely as possible — in a certified personnel platform, following OSHA's hoisting personnel requirements to the letter. OSHA has made a deliberate effort to eliminate this hazard, and while every scenario can't be foreseen, their 2021 directive is straightforward.
Why This Matters for Attorneys
If you're handling a case involving a tree worker who was injured while being hoisted by crane — whether "riding the hook" or improperly using a personnel basket — the regulatory landscape is now clear. The OSHA standard prohibits this practice, and the employer bears the burden of proving there was no safer alternative.
Key evidence to request:
- Was a job hazard analysis performed before the lift?
- Were alternative access methods (aerial lifts, bucket trucks) considered and documented?
- Was a certified personnel platform used — or was the worker tied directly to the hoist line?
- Did the employer have a written procedure for personnel hoisting?
- Was the crane operator certified for the equipment being used?
A crane expert witness who understands both the crane regulations and the tree care industry standards can help you build a compelling case around these questions.
Need Expert Analysis on a Crane-Assisted Tree Work Accident?
Matthew J. Stull has over 27 years of hands-on crane operations experience and is deeply familiar with both OSHA crane standards and the intersection of crane and tree care regulations. He provides expert witness testimony and litigation support for attorneys nationwide.
Call (570) 903-7119 or send a message to discuss your case.