Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 53 of chapter 146 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 7, the words "for a period of more than one week".

SECTION 2. Said section 53 of said chapter 146, as so appearing, is hereby further amended by adding the following six paragraphs:-

For licensing purposes, the commissioner shall classify hoisting machinery by categories, depending on size, weight, common usage, capacity, power source or such other characteristics as he may find appropriate; provided, however, that at least one category shall include cranes and other similar equipment, and one category shall include excavating equipment.

The commissioner shall adopt rules and regulations under the provisions of chapter thirty A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses to operate hoisting machinery; provided, however, that a final adjudication that there has been a violation of federal or state occupational safety and health regulations, or any other rule adopted by the department, shall be cause for the denial, suspension or revocation of any license issued under this section. Criteria for issuance of such license shall include, but not be limited to, training and experience requirements appropriate to the categories of machinery for which the license is intended.

Notwithstanding any other provisions of this chapter, actions taken or decisions reached by the department or a representative thereof regarding the issuance, denial, renewal, revocation or suspension of a license to operate hoisting machinery, or appeals resulting therefrom, shall be taken or made on the basis of the rules and regulations adopted under the provisions of this section.

In cases where a district engineering inspector finds that the immediate suspension or revocation of a license to operate hoisting machinery is necessary for the preservation of the public health or safety, he may order such suspension or revocation pending the outcome of a hearing, in accordance with the procedures set forth in the regulations promulgated and adopted under this section.

A public utility company which has self propelled truck mounted cranes, derricks and similar hoisting equipment which is used for the maintenance and construction of the equipment of such company and which has at least one supervisory employee who holds a license issued by the department and is designated as the responsible person in charge of hoisting equipment shall be exempt from the provisions of this section. Such exemption shall only apply if such company has an inservice training program for employees approved by the department. The inservice training program shall be audited twice annually at approximately six month intervals by three inspectors of the department. The company shall issue to each trained and certified employee a company license which shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisor who holds a department license.

Any other company which has equipment such as cranes, derricks and similar hoisting equipment used only upon utility company property shall also be exempt from the provisions of this section; provided, however, that all of the requirements of the preceding paragraph have been complied with.

SECTION 3. Said chapter 146 is hereby further amended by inserting after section 54 the following section:-

Section 54A. Whoever violates any provision of sections fifty-three or fifty-four, or any rule or regulation made thereunder, shall be punished by a fine of not less than five hundred dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment. Whoever prevents or attempts to prevent any inspector from entering on any premises in the discharge of his duty with respect to sections fifty-three and fifty-four, shall be punished by a fine of not less than two hundred and fifty dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.

Any person who permits an unlicensed person to operate hoisting machinery shall be subject to a fine of not less than one thousand dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.

SECTION 4. Said chapter 146 is hereby further amended by striking out section 55, as appearing in the 1990 Official Edition, and inserting in place thereof the following section:-

Section 55. Whoever violates any provision of sections forty-two to fifty-one, inclusive, or any rule made thereunder, or prevents or attempts to prevent an inspector from entering on any premises in the discharge of his duty with respect to said sections, shall be punished by a fine of not less than ten nor more than three hundred dollars, or by imprisonment for not more than three months.

SECTION 5. Said chapter 146 is hereby further amended by striking out section 65, as so appearing, and inserting in place thereof the following section:-

Section 65. Whoever desires to act as an operator of hoisting machinery shall apply to the department for a license. If the criteria for licensure established by the commissioner pursuant to section fifty-three are met by the applicant, such applicant shall be required to pass a written or practical examination, or both, in accordance with the standards set in regulations promulgated under the provisions of said section fifty-three. Any operator of hoisting machinery whose license is revoked, and any person who is penalized under the provisions of section fifty-four A, shall be required to pass both a written and practical examination before he may be issued a subsequent license. The passing of the applicable examination shall entitle the applicant to a license to operate hoisting machinery in the category or categories for which he has applied and been examined. Each license issued shall contain a photograph of the licensee.

SECTION 6. Section 67 of said chapter 146, as so appearing, is hereby amended by inserting after the word "thereof", in line 16, the words:- ; provided, however, that in no case shall the fee for the renewal of a license to operate hoisting machinery be less than sixty dollars, and in no case shall the fee for a new license to operate hoisting machinery be less than seventy-five dollars.

SECTION 7. The commissioner of public safety shall appoint a committee, to be composed of equal numbers of employers and employee representatives from organized labor in the construction industry, and in addition, such other members as he may deem appropriate, to advise him on the criteria and procedures for licensure of operators of hoisting machinery, as required by section fifty-three of chapter one hundred and forty-six of the General Laws, and on the composition and administration of written and practical examinations, as required by section sixty-five of said chapter one hundred and forty-six.

SECTION 8. Operators of hoisting machinery to whom licenses were issued prior to the effective date of this act shall not be subject to the training and experience requirements, or additional criteria for renewal, mandated pursuant to section fifty-three of chapter one hundred and forty-six of the General Laws, or the examination process contained in section sixty-five, or any changes in the classification of hoisting machinery resulting from this act.

SECTION 9. The provisions of sections one, two, five, six, seven and eight of this act shall take effect on July first, nineteen hundred and ninety-two.