Section 53 Necessity of licenses; classification of hoisting machinery; exemptions - Massachusetts Statutes

Section 53. No person shall operate derricks, cableways, machinery used for discharging cargoes, temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, unless he holds a license as hereinafter provided. The owner or user of such hoisting machinery shall not operate, or cause to be operated, such machinery, unless the person operating it is duly licensed. Any operator of such hoisting machinery when it is being used exclusively for agricultural purposes shall be exempt from the provisions of this section.

For licensing purposes, the commissioner shall classify hoisting machinery by categories, depending on size, weight, common usage, capacity, power source or such other characteristics as he may find appropriate; provided, however, that at least one category shall include cranes and other similar equipment, and one category shall include excavating equipment.

The commissioner shall adopt rules and regulations under the provisions of chapter thirty A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses to operate hoisting machinery; provided, however, that a final adjudication that there has been a violation of federal or state occupational safety and health regulations, or any other rule adopted by the department, shall be cause for the denial, suspension or revocation of any license issued under this section. Criteria for issuance of such license shall include, but not be limited to, training and experience requirements appropriate to the categories of machinery for which the license is intended.

Notwithstanding any other provisions of this chapter, actions taken or decisions reached by the department or a representative thereof regarding the issuance, denial, renewal, revocation or suspension of a license to operate hoisting machinery, or appeals resulting therefrom, shall be taken or made on the basis of the rules and regulations adopted under the provisions of this section.

In cases where a district engineering inspector finds that the immediate suspension or revocation of a license to operate hoisting machinery is necessary for the preservation of the public health or safety, he may order such suspension or revocation pending the outcome of a hearing, in accordance with the procedures set forth in the regulations promulgated and adopted under this section.

A public utility company which has self propelled truck mounted cranes, derricks and similar hoisting equipment which is used for the maintenance and construction of the equipment of such company and which has at least one supervisory employee who holds a license issued by the department and is designated as the responsible person in charge of hoisting equipment shall be exempt from the provisions of this section. Such exemption shall only apply if such company has an inservice training program for employees approved by the department. The inservice training program shall be audited twice annually at approximately six month intervals by three inspectors of the department. The company shall issue to each trained and certified employee a company license which shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisor who holds a department license.

Any other company which has equipment such as cranes, derricks and similar hoisting equipment used only upon utility company property shall also be exempt from the provisions of this section; provided, however, that all of the requirements of the preceding paragraph have been complied with.