Amendment ID: S2193-9

Amendment 9

Hoisting

Mr. Rodrigues moves to amend the amendment by inserting the following section:-

SECTION__. Section 53 of Chapter 146 of the General Laws is hereby amended by striking out subsection (e), as so appearing, and inserting in place thereof the following subsections:-

(e) 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 and a company in-service training program shall be exempt from the provisions of this section. Such exemption shall only apply if such company has an in-service training program for employees approved by the department. The in-service training program may be audited by 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.

The commissioner may adopt rules and regulations authorizing the extension of the scope of this provision to permit operation of additional types of equipment for which employees of exempt utility companies have been trained and certified in an approved in-service licensing program.

(f) Any other company which has equipment such as cranes, derricks and similar hoisting equipment used only upon utility company property or equipment shall also be exempt from the provisions of this section; provided, however, that (1) all of the requirements of paragraph (e) above, have been complied with or (2) such company’s employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work or (3) such company’s employees are working at the direction of the public utility company and performing work associated with service restoration  in connection with a weather or other emergency causing damage to property or equipment.  The public utility company shall provide written or electronic notification to the Commissioner prior to the commencement of such work

(g) Any other company which operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the department and used exclusively on company property shall also be exempt from this section; provided, however, that the company has complied with all of the requirements of paragraph (e) above, and further that at least 1 supervisory employee is on site at all times of operation who holds a license issued by the department under this section and who is designated as the responsible person in charge of hoisting equipment during that period of operation.