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Senate, No. 25 64

[Senate, July 2 2 , 2010 - Substituted by amendment by the Senate (Ways and Means ) for Senate, No. 915 . ]

 

The Commonwealth of Massachusetts

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IN THE YEAR OF TWO THOUSAND AND TEN

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A N A CT updating the hoisting law.
 

 

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. Chapter 146 of the General Laws is hereby amended by striking out section 53, as appearing in the 200 8 Official Edition , and inserting in place there of the following section:-

Section 53. ( a )   No person shall operate derricks, cableways, machinery used for discharging cargoes, temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, unless such person holds a license or temporary permit as provided in this section . The owner or user of such hoisting machinery shall not operate, or cause to be operated, such machinery, unless the person operating it is duly licensed or possesses a temporary permit.  Any operator of such hoisting machinery when it is being used exclusively for agricultural purposes shall be exempt from this section.

( b )  For licensing and temporary permitting purposes, the commissioner shall classify hoisting machinery by categories, depending on size, weight, common usage, capacity, power source or such other characteristics as t he commissioner may find appropriate; provided, however, that at least 1 category shall include cranes and other similar equipment and 1 category shall include excavating equipment. 

The commissioner shall adopt rules and regulations under chapter 30 A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses or temporary permits 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 or temporary permit 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.  Criteria for issuance of such temporary permit shall include, but not be limited to, training and experience requirements appropriate to the compact equipment for which the permit is intended.

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

( d )  ( 1 ) 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, t he inspector may order such suspension or revocation pending the outcome of a hearing, under the procedures set forth in the regulations promulgated and adopted under this section.  

( 2 ) In cases where a district engineering inspector or party issuing a temporary permit finds that the immediate suspension or revocation of a the temporary permit to operate hoisting machinery is necessary for the preservation of the public health or safety, the inspector may order such suspension or revocation under the procedures set forth in the regulations promulgated and adopted under this section. 

              ( e )  The following entities shall be exempt from this section: ( 1 ) a 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 ; ( 2 ) a company which operates hoisting equipment specifically limited to industrial lift trucks, fork lifts , overhead cranes and other hoisting equipment, specifically authorized by the department and used exclusively on company property ; and ( 3 ) any company which has equipment such as cranes, derricks and similar hoisting equipment used on only utility company property.

Such exemption shall only apply if a company has: (1) at least 1 supervisory employee on site at all times of operation who holds a license issued by the department under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation; (2) an inservice training program for employees approved by the department which may be audited by the department; and (3) company licenses issued to each trained and certified employee which shall contain a picture of the licensee, a list of the specific hoisting equipment 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 this section; provided, however, that the company has complied with all of the requirements of the preceding paragraph.

SECTION 2.   Said c hapter 146 is hereby amended by striking out section 54, as so appearing , and inserting in place there of the following section:-

Section 54. A license or temporary permit to operate hoisting machinery shall be carried on the person of the operator or apprentice operator while operating such hoisting machinery.  In the case of a temporary permit to operate compact hoisting equipment the operator must also carry a valid driver’s license.

SECTION 3.   Section 56 of said c hapter 146 , as so appearing , is hereby amended by adding the following sentence:-

The commissioner may authorize a person or entity offering the short term rental of compact hoisting equipment to examine applicants and issue temporary permits according to regulations promulgated by the department.

SECTION 4.   Section 58 of said c hapter 146 , as so appearing , is hereby amended by inserting after the word examinations ”, in line 1, the following words : - , except examinations for temporary permits,

SECTION 5.   Said c hapter 146 is hereby amended by inserting, after section 65 the following section:-

Section 65A. Whoever desires to act as an operator of compact hoisting machinery for rent for which licensure is required under section 53 , on a temporary basis, shall apply to the person or entity from which the machinery is to be rented for a temporary permit ; provided, however, that t he person or entity renting such machinery shall have obtain ed authorization to issue temporary permits from the commissioner.  If the applicant meets the criteria for issuance of a temporary permit established by the commissioner under said section 53 , such applicant shall then be required to pass an examination under the standards set in the regulations promulgated under said section 53 If the applicant pass es the examination , the applicant shall be entitled to a temporary permit to operate hoisting machinery in the category or categories for which the applicant ha s applied and been examined.  No temporary permit may be renewed and no person may be issued more than 1 temporary permit in any 45 day period.  The commissioner may periodically review the records of any person or entity that is authorized to issue temporary permits to ensure compliance with this section and any regulation promulgated under said section 53 .              

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