An Act to Establish a Baseline of Consistency and Safety for the Operation of Construction Cranes and Elevators
Maine Legislature, Session 131, LD 1709
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: ROBERTS, HASENFUS, MASTRACCIO, SAYRE

Legislative Document
No. 1709
H.P. 1098
House of Representatives, April 18, 2023
An Act to Establish a Baseline of Consistency and Safety for the 
Operation of Construction Cranes and Elevators
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: HASENFUS of Readfield, LaROCHELLE of Augusta, 
MASTRACCIO of Sanford, SAYRE of Kennebunk.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 133-A is enacted to read:
CHAPTER 133-A
OPERATORS OF CONSTRUCTION CRANES AND ELEVATORS
§15301. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Commissioner.  "Commissioner" means the Commissioner of Professional and 
Financial Regulation.
2. Contractor.  "Contractor" means a person who employs or contracts with a person 
to operate a crane or an elevator or to train a crane operator or an elevator operator.
3. Covered person.  "Covered person" means a crane operator, crane trainer, elevator 
operator or elevator trainer.
4.  Crane.  "Crane" means a fixed or mobile machine used in construction for lifting, 
lowering and horizontally moving a load, with the hoisting mechanism as an integral part 
of the machine, as described in 29 Code of Federal Regulations, Section 1926.1400 (2020).
5.  Crane operator.  "Crane operator" means a person who operates a crane.
6. Crane trainer.  "Crane trainer" means a person who trains a crane operator.
7.  Elevator.  "Elevator" means a fixed hoisting and lowering mechanism used in 
construction for lifting or lowering personnel.   
8. Elevator operator.  "Elevator operator" means a person who operates an elevator.
9. Elevator trainer.  "Elevator trainer" means a person who trains an elevator operator.
10. General contractor.  "General contractor" means a person who employs or 
contracts for the services of a contractor.
§15302.  Registration and training
Beginning January 1, 2024, a person may not operate a crane, train a crane operator, 
operate an elevator or train an elevator operator unless that person has met the training 
requirements established under subsection 1 and has registered with the commissioner in 
accordance with subsection 2.  
1. Training.  The commissioner shall by rule establish training requirements for 
covered persons in accordance with this subsection.
A. An elevator operator or an elevator trainer shall complete a safety training program 
that involves:
(1) At least 10 hours of training that the commissioner determines to meet 
applicable standards established by the United States Department of Labor, 
Occupational Safety and Health Administration; and 
(2) At least 5 hours of training, in addition to the training in subparagraph (1), that 
includes a demonstrated knowledge of the American National Standards Institute's 
and American Society of Safety Engineers' publication "Safety Requirements For 
Personnel Hoists And Employee Elevators For Construction And Demolition 
Operations," ANSI/ASSE A10.4-2004, and the United States Department of 
Labor, Occupational Safety and Health Administration's Standard Number 
1926.552, Material hoists, personnel hoists and elevators.
B. A crane operator or a crane trainer shall:
(1) Complete a safety training program that involves at least 10 hours of training 
that the commissioner determines to meet applicable standards established by the 
United States Department of Labor, Occupational Safety and Health 
Administration; and
(2) Be certified in crane operation by an accredited national organization that 
certifies crane operators approved by the commissioner.
2. Registration. The commissioner shall establish a registry of covered persons in 
accordance with this subsection.
A. A covered person shall register with the commissioner on a form and in the manner 
established by the commissioner by rule.  
B. The registrant shall confirm in writing, under penalty of perjury, that the registrant 
has met the requirements of subsection 1.
C. The fee for a registration is $50.  A registration is valid for 2 calendar years from 
the date of the registration and may be renewed upon payment of the registration fee.
3. Rules.  The commissioner shall adopt rules to implement this section.  Rules adopted 
by the commissioner under this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
§15303.  Sanctions
The Attorney General may investigate and bring an appropriate action against any 
person who violates this chapter.
1. False information.  A covered person may not provide false or incomplete 
information in any registration under section 15302, subsection 2.  
A. A covered person who violates this subsection commits a civil violation for which 
a fine of at least $100 and up to $500 may be adjudged.  
B. The commissioner shall permanently revoke the registration of a covered person 
who is found to have provided 6 or more instances of false or incomplete information 
in a registration.  The commissioner, on appeal by the covered person, after notice and 
a hearing, may shorten the revocation period to no less than 6 months if the covered 
person provides to the commissioner proof satisfactory that:
(1) The person has met all the training requirements for registration under section 
15302, subsection 1;
(2) With respect to registration as an elevator operator or elevator trainer, that the 
person has, subsequent to the revocation, completed at least 5 hours of training, in 
addition to the training in subparagraph (1), that includes a demonstrated 
knowledge of the American National Standards Institute's and American Society 
of Safety Engineers' publication "Safety Requirements For Personnel Hoists And 
Employee Elevators For Construction And Demolition Operations," ANSI/ASSE 
A10.4-2004, and the United States Department of Labor, Occupational Safety and 
Health Administration's Standard Number 1926.552, Material hoists, personnel 
hoists and elevators; and
(3) With respect to registration as a crane operator or crane trainer, that the person 
has completed at least 10 hours of training in crane operation given by an 
accredited national organization that certifies crane operators approved by the 
commissioner.
2. Hiring unregistered covered person.  A contractor may not employ or contract 
with a person to operate a crane or an elevator or to train a crane operator or an elevator 
operator if the person is not registered in accordance with section 15302, subsection 2 or 
the registration of that person is revoked under subsection 1 or if the contractor knows or 
has reason to know that the person is not otherwise in compliance with this chapter. 
A.  A contractor who violates this subsection commits a civil violation for which a fine 
of  $500 per employee per day of violation, not to exceed $10,000 in any calendar year, 
may be adjudged.
B.  If the court finds that the contractor has violated this subsection in a manner that 
results in the maximum fine under paragraph A, the court shall enjoin the contractor 
from employing in this State any person to operate a crane or an elevator or to train a 
crane operator or an elevator operator for a period of 12 months from the date of the 
adjudication.
3.  Contracting with violating subcontractor. A general contractor may not employ 
or contract with a subcontractor who is subject to an injunction under subsection 2, 
paragraph B or a subcontractor whom the general contractor knows or has reason to know 
is not in compliance with this chapter.  
A.  A general contractor who violates this subsection commits a civil violation for 
which a fine of $1,000 per subcontractor per day of violation, not to exceed $100,000 
in any calendar year, may be adjudged.
SUMMARY
This bill does the following:
1.  Requires operators of construction cranes and elevators to be trained and to register 
with the Commissioner of Professional and Financial Regulation;
2.  Prohibits contractors from hiring persons who are not in compliance with the 
training and registration requirements;
3.  Prohibits general contractors from contracting with contractors who hire persons 
not in compliance with the training and registration requirements; and
4.  Provides for civil penalties for violations of the training and registration 
requirements and the hiring prohibitions.