HF 759

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; requiring the certification and
regulation of crane operators; authorizing civil
penalties; proposing coding for new law as Minnesota
Statutes, chapter 184C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [184C.01] CERTIFICATION REQUIRED.
new text end

new text begin No individual may operate a crane with a lifting capacity
of five tons or more on a construction site unless the
individual has a valid crane operator certificate received from
a crane operator certification program approved by the National
Commission for the Certification of Crane Operators. No
employer, and no person who is under a contract to construct an
improvement to land, may permit any employee, agent, or
independent contractor to perform work in violation of this
section.
new text end

Sec. 2.

new text begin [184C.02] EXCEPTIONS.
new text end

new text begin The requirements of section 184C.01 do not apply to:
new text end

new text begin (1) an individual who is receiving training as a crane
operator, if the individual is under the supervision of a crane
operator who holds a valid crane operator certificate received
from a crane operator certification program approved under
section 184C.01;
new text end

new text begin (2) a person engaged in the occupation of crane operator on
or within one year of the effective date of sections 184C.01 to
184C.03, provided that the person obtains a license within one
year of the effective date of sections 184C.01 to 184C.03;
new text end

new text begin (3) an individual directly employed by a class 1 or 2
railroad who holds seniority as, and is qualified by the
employing railroad as, a crane operator or boom truck operator
while that individual is performing work on property owned,
leased, or controlled by the employing railroad;
new text end

new text begin (4) an engineer or operator employed by public utilities or
industrial manufacturing plants, or who is subject to inspection
and regulation under the provisions of the Mine Safety and
Health Act, United States Code, title 30, sections 801 to 962;
new text end

new text begin (5) a person engaged in boating, fishing, agriculture, or
arboriculture;
new text end

new text begin (6) an individual who is a member of a uniformed service or
who is a member of the United States Merchant Marine, if the
individual is performing work for the uniformed service or for
the United States Merchant Marine, respectively;
new text end

new text begin (7) an individual who is operating a crane for personal use
on premises owned or leased by the individual; and
new text end

new text begin (8) an individual who is operating a crane in an attempt to
remedy an emergency.
new text end

Sec. 3.

new text begin [184C.03] PENALTIES.
new text end

new text begin Any person who violates the provisions of sections 184C.01
and 184C.02 may be fined not more than $5,000.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005.
new text end