1st Engrossment - 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; 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:
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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.
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The requirements of subdivision 1
do not apply to:
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(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;
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(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;
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(3) a person who is employed by or performing work for a
public utility, rural electric cooperative, municipality,
telephone company, or industrial manufacturing plant;
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(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;
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(5) a person engaged in boating, fishing, agriculture, or
arboriculture;
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(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;
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(7) a person who is operating a crane for personal use on
premises owned or leased by that person; and
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(8) a person who is operating a crane in an emergency
situation.
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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.
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Minnesota Statutes 2004, section 182.659, is
amended by adding a subdivision to read:
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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.
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Sections 1 and 2 are effective July 1, 2007.
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