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The 189th General Court of the Commonwealth of Massachusetts

Section 53: Necessity of licenses; classification of hoisting machinery; exemptions

  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 the 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 30A, 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, the 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 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.

[ Subsection (e) effective until July 1, 2016. For text effective July 1, 2016, see below.]

  (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 only on 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.

[ Subsection (e) as amended by 2016, 133, Sec. 105 effective July 1, 2016. See 2016, 133, Sec. 203. For text effective until July 1, 2016, see above.]

  (e) A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from this section if the company has: (i) at least 1 supervisory employee who holds a license issued by the department pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; and (ii) a company provides in-service training program for its employees. This exemption shall only apply if the in-service training program for employees has been approved by the department. The in-service training program may be audited by the department. The public utility company shall issue a company license to each trained and certified employee. The license 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 supervisory employee who holds a department license. The commissioner may adopt rules and regulations to permit operation of additional types of equipment for which employees of exempt public utility companies have been trained and certified in an approved in-service training program.

[ Subsections (f) and (g) added by 2016, 133, Sec. 105 effective July 1, 2016. See 2016, 133, Sec. 203.]

  (f) Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from this section if: (i) the company has met the requirements set forth in clauses (i) and (ii) of subsection (e); (ii) the 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 (iii) the 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 that 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 be exempt from this section if the company has met the requirements of clauses (i) and (ii) of subsection (e) and at least 1 supervisory employee is on site at all times of operation and the supervisory employee 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.