Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 6.00 - Hoisting Machinery › Section 6.01 - General Provisions, Scope, Definitions, Standards Adopted

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 520 CMR
			 6.00 is promulgated by the Department of Public Safety
			 pursuant to authority granted by M.G.L. c. 146, § 53. The purpose of
			 520 CMR
			 6.00 is to establish reasonable requirements to
			 protect the public safety of the citizens of the Commonwealth from the hazards
			 inherent in the operation of hoisting machinery by establishing the minimum
			 standards necessary to obtain a hoisting machinery operator's license or
			 temporary permit and the minimum safety standards to be followed during the
			 operation of hoisting machinery.
			 520 CMR
			 6.00 shall apply to hoisting machinery as defined in
			 520 CMR 6.01 that is used on private or public property for the erection,
			 construction, alteration, demolition, repair or maintenance of buildings,
			 structures, bridges, highways, roadways, dams, tunnels, sewers, underground
			 buildings or structures, underground pipelines or ducts, and all other
			 construction projects or facilities or other uses on private or public grounds
			 including the warehousing and movement of materials, except when being used
			 exclusively for agricultural purposes.
(2)
Definitions
. The
			 following words and terms, when used in
			 520 CMR
			 6.00 shall have the following meanings unless the
			 context clearly indicates otherwise or the term is redefined for a specific
			 section or purpose:
ANSI
. American National Standards
				Institute.
Apprentice License
. A document issued
				by the Department upon proof of registration at a training facility and with
				the Division of Apprentice Training within the Department of Labor Standards,
				which enables the holder to operate hoisting machinery under the direct
				guidance and supervision of a duly licensed person licensed to operate the
				category of hoisting machinery for which documentation is issued.
Apprentice Licensee
. A person, who is
				18 years of age or older, is registered with the Department of Labor Standards,
				and has obtained an apprentice license to operate hoisting machinery while
				under the direct guidance and supervision of a duly licensed person.
ASME
. American Society of Mechanical
				Engineers.
Cargo. A load, quantity, or volume that can be processed or
				transported.
Certificate of Completion
. A uniform
				certificate issued by a training facility to a licensee upon the satisfactory
				completion of a continuing education curriculum.
Chief
. The Chief of Inspections -
				Mechanical of the Department of Public Safety.
Commissioner
. The Commissioner of the
				Department of Public Safety.
Compact Hoisting Machinery
. Hoisting
				machinery with a gross vehicle weight not exceeding 10,000 pounds, excluding
				Class 1, Class 3, and Class 4 hoisting machinery as listed in
				520 CMR
				6.10. Hoisting machinery operated under a
				temporary permit shall not exceed a gross vehicle weight 8,000 pounds.
Company License
. A license issued by
				an Exempt Company that has a Department approved in-service training program
				and which is only valid for hoisting machinery used on company property.
Company Property
. Property which is
				owned or under the care and control of a tenant company under a lease or rental
				agreement.
Competent Person
. One who is capable
				of identifying existing and predictable hazards in the surroundings or working
				conditions which are unsanitary, hazardous, or dangerous, and who has
				authorization to take prompt corrective measures to eliminate such
				conditions.
DAT. The Division of Apprentice Training.
Department
. The Department of Public
				Safety.
DOT
. The United States Department of
				Transportation.
Emergency Procedure
. Actions required
				to be taken when imminent danger may occur to prevent damage to life, property,
				or to ensure public safety.
Fork Lift
. Any mobile power-propelled
				truck used to carry, push, pull, lift, stack or tier materials, excluding earth
				moving, over the road haulage trucks, and equipment which was designed to move
				earth but has been modified to accept forks.
Hoisting Machinery
. Derricks,
				cableways, machinery used for discharging cargoes, and 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, including
				but not limited to excavators, backhoes, front end loaders, uniloaders, skid
				loader, skid steer loaders, compact loaders or similar devices, lattice cranes,
				derricks, cranes with or without wire rope; all fork lifts, powered industrial
				lift trucks, overhead hoists (underhung), overhead cranes, underhung cranes,
				monorail cranes, lifting devices, cableways, powered platforms and any other
				equipment that has the minimum capability of hoisting the load higher than ten
				feet, and either the capability of lifting loads greater than 500 pounds or the
				capacity of the bucket exceeds ¼ cubic yards; overhead bridge cranes,
				electric or air driven hoists, pendant controlled hoists, specialty equipment
				as categorized by license grade in
				520 CMR
				6.00.
Incident
. A situation that results in
				serious injury, property damage, or any condition that is necessary for the
				preservation of the public health or safety.
Injury and Incident Documentation
. A
				form furnished by the Department detailing all specific information regarding
				any serious injury, property damage or mechanical failure that may have
				occurred.
In-service Training
. A company program
				that has been approved by the Department and is required for issuance of a
				company license by those companies that have been exempted from hoisting
				licensing requirements, pursuant to M.G.L. c. 146, § 53.
Inspector
. A District Engineering
				Inspector employed by the Department.
Instructor
. An individual duly
				licensed by the Department as a hoisting machinery operator who educates and
				trains licensees and apprentice licensees in the operation of hoisting
				machinery.
License
. A document issued by the
				Department to an individual to operate a certain type and class of hoisting
				machinery.
Licensee
. A person who is 18 years of
				age or older, and has completed the necessary requisites for licensure to
				operate hoisting machinery.
Manufacturer Approved Attachment
.
				Attachable equipment tailored to perform a particular task, designed or
				approved for use in accordance with the equipment manufacturer's specifications
				and operational and safety requirements. In the event the manufacturer does not
				exist, a Massachusetts registered professional engineer shall review and
				approve, in writing, the actions and reasons for said specifications to the
				attachable equipment.
Mechanical Failure
. Damage to or
				breakdown of hoisting machinery which affects the capacity or safe operation of
				the equipment per the manufacturer's specifications.
Modification
. Alterations, extensions
				or repairs made to hoisting machinery which alter the machinery's original
				structure.
Operator's Manual
. The document
				created by the manufacturer of the hoisting machinery that contains the
				required procedures and forms for the safe operation of hoisting machinery at
				the stated site pertaining to that specific equipment.
Placard
. A Department issued
				certificate posted on hoisting machinery which acts as a notice of the unsafe
				condition of the machinery.
Property Damage
. Damage of private or
				public property that exceeds $5,000 per incident.
Qualified Welder
. A welder certified
				by the American Welding Society (AWS) or an acceptable alternative welding
				certification.
SAE
. Society of Automotive
				Engineers.
Serious Injury
. A personal
				injury/illness that results in death, dismemberment, significant disfigurement,
				permanent loss of the use of a body organ, member, function, or system, a
				compound fracture, or other significant injury/illness.
Short-term Rental Entity
. A person or
				organization approved by the Department who is in the business of renting
				compact hoisting machinery for which a temporary permit is required.
Short-term Rental Entity Facilitator
.
				An employee of the short-term rental entity who holds a Massachusetts hoisting
				license issued by the Department and is responsible for the written and
				practical training, examinations, and issuance of temporary permits.
Signal Person
. A trained individual
				qualified in the use of signals to direct the operator of hoisting machinery
				and warn of possible or existing hazards through the use of hand signals,
				audible signals, or flashing lights. (
See
520 CMR
				6.00:
Appendix A
)
Temporary Permit
. A non-renewable
				permit to operate compact hoisting machinery, with a gross vehicle weight not
				exceeding 8,000 pounds, issued by a Department approved short-term rental
				entity for no more than 14 consecutive days.
Temporary Permit Holder
. A person who
				is 18 years of age or older, holds a valid driver's license, and has obtained a
				temporary permit to operate compact hoisting machinery with a gross vehicle
				weight not exceeding 8,000 pounds.
Training Facility
. A site, including
				buildings and machinery located thereon, that has been approved by the
				Department to train individuals in the safe operation of hoisting machinery and
				may also provide courses in continuing education for individuals licensed to
				operate hoisting machinery.
Training Period
. The time during which
				an apprentice licensee participates in a training program on-site at a training
				facility.
Utility
. Any organization or company
				which provides electricity, natural gas, phone or cable services to the
				public.
(3)
Regulations and Standards Adopted
. The standard for
			 operation of hoisting machinery shall be in accordance with the following:
ANSI/ASME
B30.2-2011
Overhead and Gantry Cranes (Top Running
							 Bridge, Single or Multiple Girder, Top Running Trolley Hoist)
B30.3-2016
Tower Cranes
B30.5-2014
Mobile and Locomotive Cranes
B30.9-2014
Slings
B30.10-2014
Hooks
B30.11-2010
Monorails and Underhung
							 Cranes
B30.16-2012
Overhead Hoists (Underhung)
B30.17-2015
Overhead and Gantry Cranes (Top Running
							 Bridge, Single Girder
,
Underhung Hoist
)
B30.20-2013
Below-the-hook Lifting
							 Devices
B30.22-2016
Articulating Boom Cranes
B30.26-2015
Rigging Hardware
SAE
J1307-2002
Excavator and Backhoe Hand
							 Signals
The Occupational Safety and Health Administration
							 (OSHA) Regulations
29 CFR 1926
Safety and Health Regulations for
							 Construction
29 CFR 1910
Occupational Safety and Health
							 Standards
Regulations
220 CMR 99.00:
Procedures for the Determination and
							 Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig
							 Safe")
.