Mass. Gen. Laws ch. 146, sec. 53 — MA Code / Part I / Title XX / Chapter 146 / Section 53
Necessity of licenses for operating hoisting machinery not run by steam; classification of hoisting machinery; exemptions
Status: in_force

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 of the division of occupational licensure 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 division of occupational licensure, 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 division of occupational licensure or a representative of the division of occupational licensure 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 an inspector of the office of public safety and inspections of the division of occupational licensure 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 an 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. (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 division of occupational licensure 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 division of occupational licensure. The in-service training program may be audited by the division of occupational licensure. 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 division of occupational licensure 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. (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 division of occupational licensure 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 division of occupational licensure under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation. (h) A public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74 shall be exempt from this section if the school: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors. (i) A training facility that is recognized by the division of apprentice standards and that trains apprentices for the occupation of operating engineer shall be exempt from this section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.

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 of the division of occupational licensure 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 division of occupational licensure, 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 division of occupational licensure or a representative of the division of occupational licensure 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 an inspector of the office of public safety and inspections of the division of occupational licensure 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 an 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.

(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 division of occupational licensure 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 division of occupational licensure. The in-service training program may be audited by the division of occupational licensure. 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 division of occupational licensure 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.

(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 division of occupational licensure 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 division of occupational licensure under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation.

(h) A public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74 shall be exempt from this section if the school: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.

(i) A training facility that is recognized by the division of apprentice standards and that trains apprentices for the occupation of operating engineer shall be exempt from this section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.