The Department of Public Safety (“Department”) is proposing several changes to 520 CMR 6 relative to hoisting machinery. Many of the proposed changes reflect and implement recent amendments to the hoisting law, G.L. c. 146, § 53. The Department intends to hold a public hearing on this regulation on December 3, 2012, at 10am at One Ashburton Place, Ashburton Café, Boston, MA. Anyone who desires to be heard on these matters should appear at the designated time and place or forward written comments to the Department prior to the hearing.
Please note that the Department is aware of OSHA regulation 29 CFR 1926 Subpart CC, released August 9, 2012, which requires crane operators involved in construction to be certified by an accredited certification provider by November 10, 2014. The Department is in the process of drafting further amendments to these regulations that will bring its regulation in compliance with OSHA’s regulation and will be seeking to move forward on these additional changes as soon as possible. However, the proposed changes contained in the attached regulation are necessary at this time to bring them up to date with the current law.
Under the current proposed regulation, temporary permits may be issued by a short-term rental entity for the operation of compact hoisting machinery. The rental entity must be approved by the Department and must have an individual who holds a Massachusetts hoisting license act as a short-term rental entity facilitator to monitor all permitting requirements. Temporary permits will be non-renewable and will not be valid for more than 14 consecutive days. Additionally, no individual shall be issued more than one temporary permit in any 45 day period.
Further, the proposed regulation expands the current exemption from the licensing and permitting requirements for public utility companies to include companies operating solely on company property, and companies operating solely on public utility property. In order for the exemption to apply however, the company must have an in-service training program for its employees that has been approved by the Department and that meets the requirements of Section 6.09. Pursuant to the proposed regulation, all approvals previously issued by the Department for an in-service training program will be rescinded 120 days from the date the amended regulations go into effect, and all entities will be required to reapply. Following an initial application, entities will be required to reapply biannually for in-service training program approval.
Additionally, under the proposed regulation, individuals or organizations seeking to operate as a training facility that offers one or more continuing education courses for individuals licensed to operate hoisting machinery must submit an application to the Department. All courses must be monitored by a Massachusetts hoisting licensee of equal or greater grade of Massachusetts license and must offer a curriculum that, at a minimum, complies with detailed requirements for each class of hoisting machinery, as outlined in the proposed regulation. The proposed regulation can be found here .