language to be deleted (2) new language
CHAPTER 87-S.F.No. 1485 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. [182.6525] [CRANE OPERATION.] Subdivision 1. [CERTIFICATION REQUIRED.] 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. Subd. 2. [EXCEPTIONS.] The requirements of subdivision 1 do not apply to: (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; (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; (3) a person who is employed by or performing work for a public utility, rural electric cooperative, municipality, telephone company, or industrial manufacturing plant; (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; (5) a person engaged in boating, fishing, agriculture, or arboriculture; (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; (7) a person who is operating a crane for personal use on premises owned or leased by that person; and (8) a person who is operating a crane in an emergency situation. Subd. 3. [PENALTIES.] 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. Sec. 2. Minnesota Statutes 2004, section 182.659, is amended by adding a subdivision to read: Subd. 1a. [PROOF OF CRANE OPERATOR CERTIFICATION.] 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. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective July 1, 2007. Presented to the governor May 20, 2005 Signed by the governor May 24, 2005, 3:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes