HF 1276

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor; requiring the certification and 
  1.3             regulation of crane operators; requiring rulemaking; 
  1.4             authorizing civil penalties; proposing coding for new 
  1.5             law as Minnesota Statutes, chapter 184C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [184C.01] [CERTIFICATION REQUIRED.] 
  1.8      No individual may operate a crane on a construction site 
  1.9   with a lifting capacity of five tons or more unless the 
  1.10  individual has a valid crane operator certificate received from 
  1.11  a crane operator certification program authorized by the 
  1.12  commissioner of labor and industry.  No employer, and no person 
  1.13  who is under a contract to construct an improvement to land, may 
  1.14  permit any employee, agent, or independent contractor to perform 
  1.15  work in violation of this section. 
  1.16     Sec. 2.  [184C.02] [CERTIFICATION OF PROGRAMS.] 
  1.17     The commissioner of labor and industry may authorize a 
  1.18  crane operator certification program only if the program meets 
  1.19  all of the following requirements: 
  1.20     (1) the program requires an applicant for a certificate to 
  1.21  satisfactorily complete a written examination regarding safe 
  1.22  crane operation; 
  1.23     (2) the program requires an applicant for a certificate to 
  1.24  meet physical standards necessary for safe crane operation, 
  1.25  consistent with any national standard that the commissioner 
  2.1   determines to be appropriate; 
  2.2      (3) the program requires an applicant for a certificate to 
  2.3   satisfactorily complete a practical examination regarding safe 
  2.4   crane operation, unless the individual is applying for 
  2.5   recertification and provides sufficient evidence that the 
  2.6   individual has safely completed at least 2,000 hours of crane 
  2.7   operation during the five-year period before the date of 
  2.8   application for recertification; 
  2.9      (4) the program is consistent with any applicable 
  2.10  certification requirements established by the National 
  2.11  Commission for the Certification of Crane Operators and any 
  2.12  federal and state occupational safety and health laws; and 
  2.13     (5) the program issues a crane operator certificate that 
  2.14  has a term of five years. 
  2.15     Sec. 3.  [184C.03] [RULEMAKING AUTHORITY.] 
  2.16     The commissioner of labor and industry shall adopt rules to 
  2.17  administer the requirements of sections 184C.01 and 184C.02. 
  2.18     Sec. 4.  [184C.04] [LIST OF PROGRAMS.] 
  2.19     The commissioner of labor and industry shall maintain a 
  2.20  list of crane operator certification programs authorized by the 
  2.21  department. 
  2.22     Sec. 5.  [184C.05] [EXCEPTIONS.] 
  2.23     The requirements of section 184C.01 do not apply to: 
  2.24     (1) an individual who is receiving training as a crane 
  2.25  operator, if the individual is under the supervision of a crane 
  2.26  operator who holds a valid crane operator certificate received 
  2.27  from a crane operator certification program authorized by the 
  2.28  commissioner under section 184C.02; 
  2.29     (2) a person engaged in the occupation of crane operator on 
  2.30  or within one year of the effective date of sections 184C.01 to 
  2.31  184C.05, provided that the person obtains a license within one 
  2.32  year of the effective date of sections 184C.01 to 184C.05; 
  2.33     (3) an individual directly employed by a Class 1 or 2 
  2.34  railroad who holds seniority as, and is qualified by the 
  2.35  employing railroad as, a crane operator or boom truck operator 
  2.36  while that individual is performing work on property owned, 
  3.1   leased, or controlled by the employing railroad; 
  3.2      (4) an engineer or operator employed by public utilities or 
  3.3   industrial manufacturing plants, or who is subject to inspection 
  3.4   and regulation under the provisions of the Mine Safety and 
  3.5   Health Act, United States Code, title 30, sections 801 to 962; 
  3.6      (5) a person engaged in boating, fishing, agriculture, or 
  3.7   arboriculture; 
  3.8      (6) an individual who is a member of a uniformed service or 
  3.9   who is a member of the United States merchant marine, if the 
  3.10  individual is performing work for the uniformed service or for 
  3.11  the United States merchant marine, respectively; 
  3.12     (7) an individual who is operating a crane for personal use 
  3.13  on premises owned or leased by the individual; and 
  3.14     (8) an individual who is operating a crane in an attempt to 
  3.15  remedy an emergency. 
  3.16     Sec. 6.  [184C.06] [PENALTIES.] 
  3.17     Any person who violates the provisions of sections 184C.01 
  3.18  to 184C.05 may be fined not more than $5,000.