SF 1485

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:

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.