Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › DISCIPLINARY ACTIONS › Section 6.44 - Standards of conduct, disciplinary action, suspension and revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may
					 levy a civil penalty, impose costs of investigation, or refuse, restrict,
					 suspend or revoke a license if the Board finds that an individual subject to
					 its jurisdiction violated the act or this chapter.
(b) The following acts, errors or omissions
					 constitute a violation of the standards of conduct of a crane operator:
(1) Negligent operation of a crane.
(2) Operation of a crane without the ability
					 to use reasonable skill and safety by reason of mental or physical illness or
					 condition.
(3) Operation of a crane
					 while impaired by alcohol, hallucinogenic or narcotic drugs, or another
					 substance that impairs judgment or coordination.
(4) Operation of a crane during a period of
					 time when:
(i) The individual abuses alcohol,
					 hallucinogenic or narcotic drugs, or other substances that impair judgment or
					 coordination.
(ii) The individual
					 is dependent upon alcohol, hallucinogenic or narcotic drugs, or other
					 substances that impair judgment or coordination, and dependence is not in full
					 remission.
(5) Violation
					 of any of the provisions of the act or this chapter.
(6) Commission of fraud or deceit in:
(i) The operation of a crane.
(ii) Securing licensure or
					 certification.
(iii) Securing
					 renewal of licensure or certification.
(7) Conviction of a felony or a crime of
					 moral turpitude, or disposition by probation without verdict, disposition in
					 lieu of trial or Accelerated Rehabilitative Disposition in the disposition of a
					 felony or a crime of moral turpitude in the courts of this Commonwealth, the
					 United States or any other state, territory, possession of the United States or
					 any other country.
(8) Violation of
					 The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S.
					 §§
													780-101-780-144) or an
					 equivalent offense under the laws of another jurisdiction.
(9) Failure to operate a crane consistent
					 with the applicable ASME B 30 standard.
(10) Failure to operate a crane in a manner
					 consistent with accepted standards in the industry.
(11) Operation of a crane, engaging in the
					 operation of a crane or continuing to operate a crane, when the crane operator
					 had reason to know of conditions or circumstances under which the crane could
					 not be operated without exposing persons or property to an unreasonable risk of
					 harm.
(12) Violation of a lawful
					 order of the Board.
(13) Failure to
					 properly supervise a trainee.
(14)
					 Failure to report an event, occurrence, injury, property damage, claim,
					 condition, diagnosis, civil action, criminal proceeding or other matter subject
					 to the duty to report in §
												6.42 (relating to impaired
					 operation of a crane and reportable conditions, incidents or events).
(15) Failure to follow applicable workplace
					 safety standards of OSHA, or other applicable safety standards of the
					 Commonwealth or another jurisdiction, regardless of whether the violation arose
					 from the operation of a crane.
(16)
					 Conviction or disposition by Accelerated Rehabilitative Disposition or any
					 disposition other than a nonconviction, for a violation of
					 75 Pa.C.S. §§
													3801-3817 (relating to driving after imbibing
					 alcohol or utilizing drugs).
(17)
					 Conviction or disposition by Accelerated Rehabilitative Disposition, or any
					 disposition other than a nonconviction for an offense that involves intentional
					 or reckless conduct that poses an unreasonable risk of bodily harm to
					 others.
(18) Whether or not acting
					 in the capacity of a crane operator, to discharge, discipline or in any manner
					 discriminate against another person with respect to that person's compensation,
					 terms, conditions or privileges of employment or independent contract, for any
					 of the following reasons:
(i) The other person
					 has refused to operate a crane, or participate in the operation of a crane in a
					 manner which is not in compliance with the act, this chapter, a Federal rule,
					 regulation, standard or order applicable to crane operation, or the applicable
					 ASME B 30 volume.
(ii) The other
					 person, or a person acting under a request of the other person, has filed a
					 complaint or instituted or caused to be instituted any proceeding relating to a
					 violation of the act, this chapter, a Federal rule, regulation, standard or
					 order applicable to crane operation, or the applicable ASME B 30 volume, or has
					 testified or is about to testify in the proceeding.
(iii) The other person refused to participate
					 in the operation of a crane as a rigger, signal person, or in another function
					 related to the operation of a crane when the operation constitutes a violation
					 of the act, this chapter, an applicable ASME B 30 volume, or Federal rules,
					 regulations, standards or orders applicable to crane operation.
(iv) The other person had a reasonable
					 apprehension of serious injury to himself, or to another person due to the
					 unsafe condition of the crane or the unsafe manner in which the crane was to be
					 operated. For purposes of this paragraph, the other person has a reasonable
					 apprehension of serious injury due to the unsafe condition of a crane or the
					 unsafe manner in which a crane is to be operated if:
(A) The condition of the crane or manner of
					 operation is of a nature that a reasonable person, under the circumstances then
					 confronting the other person, would conclude that there is a bona fide danger
					 of an accident, injury or serious impairment of health resulting from the
					 unsafe condition or unsafe manner of operation.
(B) The other person sought from the lift
					 director and was unable to obtain correction of the unsafe condition or unsafe
					 manner of operation.