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SF 1485

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor; requiring the certification and
regulation of crane operators; authorizing civil
penalties; amending Minnesota Statutes 2004, section
182.659, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 182.

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

Section 1.

new text begin [182.6525] CRANE OPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Certification required. new text end

new text begin An individual may
not 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 nationally recognized and
accredited certification program. 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. A crane operator
certification required under this subdivision must be renewed by
an accredited certification program every five years.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin The requirements of subdivision 1
do not apply to:
new text end

new text begin (1) a crane operator trainee or apprentice, if the
individual is under the direct supervision of a crane operator
who holds a valid crane operator certificate as required in
subdivision 1;
new text end

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

new text begin (3) a person who is employed by or performing work for a
public utility, rural electric cooperative, municipality,
telephone company, or industrial manufacturing plant;
new text end

new text begin (4) a person who is subject to inspection and regulation
under the Mine Safety and Health Act, United States Code, title
30, sections 801 through 962;
new text end

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

new text begin (6) a person who is a member of and performing work for a
uniformed service or who is a member of and performing work for
the United States Merchant Marines;
new text end

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

new text begin (8) a person who is operating a crane in an emergency
situation.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin An employer or general contractor
may be cited by the commissioner for a violation of the
certification requirements in this section. A citation is
punishable as a serious violation under section 182.666.
new text end

Sec. 2.

Minnesota Statutes 2004, section 182.659, is
amended by adding a subdivision to read:


new text begin Subd. 1a. new text end

new text begin Proof of crane operator certification. new text end

new text begin An
individual who is operating a crane on a worksite shall provide
proof of certification required under section 182.6525 upon
request by an investigator.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2007.
new text end