Q:        What regulation controls hoisting machinery licensing and permitting?

A:        Hoisting machinery licensing and permitting is controlled by 520 CMR 6.00.

 

Q:        Why are changes being made to the hoisting regulations?

A:        Changes to the hoisting regulations are being made to reflect and implement updates that were made to the hoisting law, M.G.L. c. 146, § 53.

 

Q:        What significant changes to the hoisting regulations are being proposed?

A:        Significant changes are being proposed to the sections of the hoisting regulation pertaining to Short-Term Equipment Rentals, temporary permits for compact hoisting machinery, and specific exemptions from the requirement to hold a Massachusetts hoisting license for companies operating on public utility company property and companies operating solely on their own company property.  Changes also include updated definitions and updated continuing education requirements.

 

Q:        What changes are being proposed regarding Short Term Rental companies?

A:        All rental entities must be approved by the Department and visibly post a valid certificate of approval from the Department.  All Short Term Rental Entities must have a Short Term Rental Entity Facilitator who must hold a Massachusetts Hoisting License and will monitor all permitting requirements.  All Short Term Rental Entities must have a training program in place.

 

Q:        What constitutes a Short-Term Rental Entity?

A:        A Short-Term Rental Entity is a person or organization approved by the Department that is in the business of renting compact hoisting machinery for which a temporary permit is required.

 

Q:        What is a Short-Term Rental Entity Facilitator?

A:        A Short-Term Rental Entity Facilitator is an employee of the Short-Term Rental Entity who holds a valid Massachusetts hoisting license, issued by the Department, and is responsible for conducting examinations and issuing temporary permits.

 

Q:        What is a temporary permit?

A:        A temporary permit is a non-renewable permit issued by a Department-approved Short-Term Rental Entity to operate compact hoisting machinery.

 

Q:        What requirements must be met to be issued a Temporary Permit?

A:        Any person receiving a temporary permit may not be issued more than 1 such permit in any 45 day period.  All persons applying for a temporary permit must be 18 years of age, hold a valid driver’s license, and submit all appropriate documentation prior to taking a temporary permit exam.  A temporary permit will be issued to only those applicants who satisfactorily complete and pass an examination.

 

Q:        For how long is a temporary permit valid?

A:        In compliance with 520 CMR 6.03, a Short Term Rental Entity may issue a temporary permit to operate compact hoisting equipment only for no more than 14 consecutive days.

 

Q:        What constitutes compact hoisting equipment?

A:        Compact hoisting equipment is hoisting machinery with a manufacturer’s listed operating weight not exceeding 10,000 pounds.

 

Q:        What will occur if a Short Term Rental Entity is found to be issuing temporary permits fraudulently?

A:        Issuance of fraudulent temporary permits may result in revocation or suspension of the ability to issue temporary permits, and shall be grounds for initiating formal proceedings in accordance with M.G.L. c. 146, § 59, and c. 30A.

 

Q:        What entities will be exempt from the licensing and permitting requirements of 520 CMR 6.00?

A:        The following entities will be exempt from 520 CMR 6.00 upon a showing of a proper in-service training program: public utility companies which have self-propelled truck mounted cranes, derricks and similar hoisting machinery used for the maintenance and construction of the utility company’s own equipment;, companies operating solely on company property which operate hoisting machinery specifically limited to industrial lift trucks, fork lifts, overhead cranes and other hoisting machinery specifically authorized by the Department and used exclusively on company property; and companies operating solely on public utility property.

 

Q:        What requirements must exempt entities fulfill to retain their exempt status?

A:        At all times of operation, there must be a supervisory employee on-site who holds a license issued by the Department who is designated as the responsible person in charge of hoisting equipment during that period.  There must be an in-service training program approved by the Department and instituted by the company.  The company must issue a company license, signed by the supervisor who holds a Department license, to each certified employee which contains a picture of the licensee and a list of the specific hoisting equipment the licensee is qualified to operate.

 

Q:        What is in-service training?

A:        In-service training is a company program, approved by the Department, which is required to be performed by those entities that have been labeled as exempt from the hoisting license requirements.  In-service training programs must be monitored by a holder of a Massachusetts Hoisting License of equal or greater grade.  Each in-service training program licensee must satisfactorily complete the program and pass an examination.  The company issuing licenses through an in-service training program must have a method to determine the authenticity of their licenses and must submit a copy of each license issued to the Department as well as maintain and have readily accessible uniform records of all licenses issued.   

 

Q:        What is the procedure for exempt company’s in-service training program?

A:        All previously approved in-service training programs will have their approval rescinded 120 days from the date that this section becomes effective and must reapply for approval.  All in-service training program approvals will be valid for two-years from the date of issuance.

 

Q:        When can a company apply to have their in-service training program approved?

A:        A company can file for approval of their in-service training program to the Department on the date that this section becomes effective.   

 

Q:        What happens if the Department learns that an in-service training program has falsified documents?

A:        If the Department learns that a company operating an in-service training program has falsified attendance records or fraudulently issued company licenses it may be grounds for formal proceedings under M.G.L. c. 146, § 59 and c. 30A, and/or revocation or suspension of the approval to issue company licenses.

 

Q:        What must continuing education programs consist of?

A:        Continuing education programs must be approved by the Department and consist of a curriculum that complies with certain Department requirements.

 

Q:        What documentation must continuing education programs provide?

A:        Training facilities must provide a list of all instructors along with each instructor’s Massachusetts Hoisting License number.  All training facilities must issue a certificate of completion to all those who satisfactorily complete a continuing education course.  The falsification of attendance records or fraudulent issuance of a certificate of completion may be grounds for formal proceedings under M.G.L. c. 146, § 59 and c. 30A.

 

Q:        What is a certificate of completion?

A:        A certificate of completion is a uniform certificate issued by a training facility to all of those who successfully complete a continuing education program.

 

Q:        Can a person request a variance from the hoisting regulations?

A:        Yes, 520 CMR 6.12 outlines the procedure for requesting a variance from the hoisting regulations.