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 6.42 - Impaired operation of a crane and reportable conditions, incidents or events

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A crane
					 operator or trainee may not operate a crane if, by reason of physical or mental
					 impairment, the crane operator or trainee cannot reasonably be expected to
					 operate a crane safely or engage in the operation of a crane safely.
(b) A crane operator or trainee shall report
					 to the lift director of the crane which the crane operator or trainee has been
					 employed to operate, or has been retained to operate as an independent
					 contractor, any physical or mental impairment that may reasonably be expected
					 to affect the operation of a crane.
(c) If, in addition to acting as the crane
					 operator, the licensee fulfills the function of a lift director, or another
					 role required under applicable ASME B 30 volumes, the crane operator shall
					 report to a responsible person, such as the property owner, prime contractor,
					 project manager, project superintendent or other person in charge of the
					 premises on which the crane shall be operated, any physical or mental
					 impairment that may reasonably be expected to affect the operation of a
					 crane.
(d) If a crane operator or
					 trainee files a claim for workers' compensation, Social Security Disability, or
					 for disability benefits under any other policy or program, or commences an
					 action seeking compensation for personal injuries, the crane operator or
					 trainee shall, contemporaneously with the commencement of the claim or action,
					 provide the Board with a copy of the document commencing the claim or
					 action.
(e) If a crane operator or
					 trainee obtains a diagnosis or opinion from a licensed health care practitioner
					 that the crane operator or trainee is subject to a physical, mental or other
					 condition lasting more than 30 days and that may reasonably be expected to
					 affect the operation of a crane, the crane operator or trainee shall notify the
					 Board, in writing within 10 days, of the name of the licensed health care
					 practitioner who provided the opinion, the condition or impairment that has
					 been diagnosed or the opinion that has been rendered, and the prognosis for the
					 condition.
(f) A crane operator
					 shall report in writing to the Board criminal proceedings in a court case
					 against the crane operator within 10 days of the institution of the criminal
					 proceedings. The written report of criminal proceedings under this subsection
					 must include the jurisdiction in which the proceedings have been instituted,
					 the docket number, offense tracking number or other number identifying the
					 criminal proceeding, and the offense or offenses with which the crane operator
					 has been charged. A court case means a case in which one or more of the
					 offenses charged is a misdemeanor, felony, or murder of the first, second, or
					 third degree.
(g) An individual
					 will not be authorized to operate a crane as a trainee if criminal proceedings
					 in a court case have been instituted against that person, unless the individual
					 has petitioned the Board for leave to be authorized to act as a trainee, and
					 the Board has granted the person's petition.
This ssection cited in 49 Pa. Code §
													6.44 (relating to standards of
						  conduct, disciplinary action, suspension and revocation); and 49 Pa. Code
						  §
													43b.28 (relating to schedule of
						  civil penalties-crane operators).