Questions

1. Q: What regulation controls hoisting machinery operation, licensing, and temporary permitting?

2. Q: What activities are covered under the hoisting regulations?

3. Q: Who must have a hoisting operator's license?

4. Q: Can I renew my hoisting license on the website?

5. Q: How old do I have to be to obtain a hoisting license?

6. Q: What must I do to get licensed as a hoisting operator?

7. Q: What is on the hoisting operator examination?

8. Q: Are there any study aids available for the hoisting operator examination?

9. Q: I currently hold a driver’s license learner’s permit. Can I be licensed?

10. Q: I currently hold a Massachusetts ID and neither a driver’s license nor a learner’s permit. Can I be licensed?

11. Q: Is there any exemption from the requirement to produce a copy of my DOT medical certificate?

12. Q: I hold a valid hoisting machinery license and currently hold a temporary driver’s license. Can I still operate hoisting machinery?

13. Q: I failed my hoisting machinery license exam. May I retake the exam immediately or is there a waiting period before I can retake it?

14. Q: Do I need a license to operate hoisting machinery on my own property?

15. Q: How do I obtain a hoisting license if I am renting equipment from a short-term rental entity?

16. Q: Do I need a hoisting license to operate hoisting machinery exclusively for agricultural purposes?

17. Q: Are there any other exemptions to the licensing requirements?

18. Q: What circumstances does the Department view to be grounds for suspension or revocation of a license, temporary permit or company certificate of approval to operate hoisting machinery?

19. Q: My License was revoked/suspended. May I appeal this decision?

20. Q: What kind of hoisting machinery can I operate under a Class 1 restriction?

21. Q: What kind of hoisting machinery can I operate under a Class 2 restriction?

22. Q: What kind of hoisting machinery can I operate under a Class 3 restriction?

23. Q: What kind of hoisting machinery can I operate under a Class 4 restriction?

24. Q: What is this new Municipal - Limited restriction, and what kind of hoisting machinery can I operate using it?

25. Q: I work for a municipal public works department and hold a hoisting license with the Municipal - Limited restriction. Can I use this hoisting license to operate hoisting machinery outside of work?

26. Q: Are there any penalties for operating hoisting machinery under a hoisting license with the Municipal - Limited restriction outside of work?

27. Q: Do I need to hold a hoisting license with the Municipal - Limited restriction if I work for a municipal public works department?

28. Q: I currently hold a 1C, 2B, and/or 4G license from the Department, and I work for a municipal public works department. I don’t want to change my license. Now that there is the new Municipal - Limited license class, what happens to my full license? Will the new Municipal - Limited provision eliminate my current license and force me to obtain and use only this new license type?

29. Q: Why are changes being made to the Hoisting regulations?

30. Q: What significant changes to the hoisting regulations have been made in the new version now effective November 18, 2016?

31. Q: I currently hold a hoisting license with the 4A - Unlimited restriction. Will I immediately lose the ability to operate all specialty hoisting machinery?

32. Q: I wish to drop a restriction from my hoisting license. How do I get this restriction removed?

33. Q: I dropped a restriction from my hoisting license and wish to get it back. How do I get this restriction back on my hoisting license?

34. Q: What are ‘Manufacturer-approved Attachments’?

 

 

SHORT TERM RENTALS/TEMPORARY PERMITS:

35. Q: What constitutes a short-term rental entity?

36. Q: What changes are being proposed regarding short-term rental entities?

37. Q: What is a short-term rental entity facilitator?

38. Q: What if my short-term rental entity facilitator is no longer employed by my rental entity or is no longer going to serve as the facilitator?

39. Q: What is a temporary permit?

40. Q: What requirements must be met to be issued a temporary permit?

41. Q: I currently hold a motor vehicle learner’s permit. Can I apply for a temporary permit?

42. Q: Is a copy of my D.O.T. physical certification card required to apply for a temporary permit?

43. Q: I currently hold a temporary driver’s license. Can I still apply for a temporary permit?

44. Q: For how long is a temporary permit valid?

45. Q: What constitutes compact hoisting machinery?

46. Q: Can I operate any type of compact hoisting machinery under a temporary permit?

47. Q: I currently hold a hoisting machinery license from the Department with a Class 2 restriction. Am I required to obtain a temporary permit to rent compact hoisting machinery?

48. Q:  I am a short-term rental entity.  Am I required to ensure that an individual renting equipment from me holds a valid Massachusetts hoisting license or temporary permit?

49. Q: What will occur if a short-term rental entity is found to be issuing temporary permits fraudulently?

 

IN-SERVICE TRAINING PROGRAMS:

50. Q: What is an in-service training program and what are the requirements to participate?

51. Q: What companies may be eligible to apply for an in-service training program?

52. Q: How does the Department define company property for in-service training programs?

53. Different portions of my company property are separated by a public or private way. Can I operate my exempt hoisting machinery over the public/private way between company property?

54. Q: I have never applied for an in-service training program, how do I apply?

55. Q: If a company applying for an in-service training program has multiple locations, does the in-service training program apply to all locations?

56. Q: My company employs individuals whose first language is not English. Can I administer in-service training exams in a language that is not English?

57. Q: For how long must an approved in-service training program retain uniform records of company licensees?

58. Q: My company employs temporary labor from a staffing agency. May I issue these temporary employees a company license under my in-service training program?

59. Q: My company employs temporary employees during busy times such as the holiday season.  May I issue these temporary employees a company license under my in-service training program?

 

 

CONTINUING EDUCATION:

60. Q: Of what must continuing education programs consist?

61. Q: What documentation must continuing education programs provide to the Department for approval?

62. Q: What is a certificate of completion?

63. Q: I hold a hoisting machinery license with multiple classes. Do I need to get continuing education for each of my classes?

64. Q: How many continuing education programs does the Department approve?

65. Q: How often must I get continuing education on my hoisting machinery license?

66. Q: How many hours of continuing education do I need to renew my hoisting license?

67. Q: I hold a Hoisting license with the 1A restriction. How many hours of continuing education do I need?

68. Q: I hold a Hoisting license with the 1C/2A restrictions. How many hours of continuing education do I need?

69. Q: I hold a Hoisting license with the 1D/2A/4G restrictions. How many hours of continuing education do I need?

70. Q: I hold a Hoisting license with the 1A/2A/3A/4G restrictions. How many hours of continuing education do I need?

71. Q: I hold a Hoisting license with the Municipal - Limited restriction. How many hours of continuing education do I need?

72. Q: I will not be able to attain my continuing education hours at the time of my license renewal. Will my license be revoked?

73. Q: I currently offer apprentice licensees training courses only. Am I required to be approved by the Department?

74. Q: My company’s in-service training program has been approved by the Department.  Do my employees who hold company licenses have to participate in the continuing education programs?

 

OTHER TOPICS:

75. Q: Are there any changes regarding national or other recognized standards or authorities in the amendments to 520 CMR 6.00 effective November 18, 2016?

76. Q: I have been involved in a hoisting machinery accident. Should I notify the Department?

77. Q: What does the Department view as serious injury and property damage?

78. Q: In the event of a hoisting machinery related accident, may the machinery be moved?

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

80. Q: My request for a variance was denied. May I appeal this decision?

81. Q: My appeal of a decision was denied after an adjudicatory hearing held before the Department. May I appeal this decision?

82. Q: Can I hoist people using hoisting machinery?

 

COMPANIES FULLY OR PARTIALLY EXEMPT FROM LICENSING AND IN-SERVICE TRAINING REQUIREMNETS FOR POWERED INDUSTRIAL FORK TRUCKS ONLY:

83. Q:  Are any companies fully exempt from both the licensing requirements pursuant to M.G.L. c. 146, § 53 as well as the in-service training program requirements of 520 CMR 6.06 and 6.07?

84. Q:  What areas are considered inaccessible to the public?

85. Q:  My company exclusively uses powered industrial fork trucks in a warehouse that is not accessible to the general public. Any visitors are required to sign in and must be escorted unless they are safety trained. My company has a 20-minute safety training that covers prohibited areas and safety rules around the hoisting equipment. This training is documented and we issue a sticker for the visitor’s hardhat when it is completed. Would we qualify for fully exempt status?

86. Q:  My company uses both powered industrial fork trucks and overhead gantry cranes in our manufacturing facility. There is no access to the facility by visitors unless they sign in and are escorted or complete our visitor safety training which covers which areas are off-limits due to hoisting equipment being used. Would my company qualify for fully exempt status?

87. Q:  My company is a lumber supply retailer. We use powered industrial fork trucks to move merchandise around the showroom and yard where we also have customers. When we move material with hoisting equipment, we mark off the aisle or area, have two employees restrict access from customers, and have a spotter to watch the movement of the fork truck. Would this facility qualify for fully exempt status?

88. Q:  My company only uses forklifts in a retail showroom at times when the showroom is closed to the members of the public (after hours). Does my company qualify for fully exempt status?

89. Q:  My company operates a loading dock where powered industrial fork trucks are used to load trucks operated by drivers who are not employed by my company. The truck drivers sometimes come around to the loading dock that is not accessible to the general public. Would we qualify for fully exempt status?

90. Q:  My company does construction work. We use rough terrain material movers (Lulls). Would my company qualify for fully exempt status?

91. Q: My company does construction work. We use small forklifts to unload trucks at the construction site. Would my company qualify for fully exempt status?

92. Q:  What OSHA regulations cover powered industrial fork trucks?

 

 

LICENSING REQUIREMENT TO OPERATE:

93. Q: Does a skid steer with hammer attachment require a hoisting license?

94. Q: Does a skid steer with sweeper and bucket attachment require a hoisting license?

95. Q: Does a skid steer with backhoe attachment require a hoisting license?

96. Q: Does a skid steer with a grapple attachment require a hoisting license?

97. Q: Does a skid steer with an auger (post hole digger) attachment require a hoisting license?

98. Q: Does a backhoe with a snow blower attachment require a hoisting license?

99. Q: Does a backhoe with a snow plow attachment require a hoisting license?

100. Q: Does a telescoping excavator/loader require a hoisting license?

101. Q: Does a digger derrick require a hoisting license?

102. Q: Does a tower crane require a hoisting license?

103. Q: Does a logging truck and variations thereof require a hoisting license?

104. Q: Does a bucket truck with material winch (wire or nylon rope) require a hoisting license?

105. Q: Do overhead gantry cranes require a hoisting license?

106. Q: Does a front-end loader with a fork attachment require a hoisting license?

107. Q: Does a marine lift require a hoisting license?

108. Q: Does a specialty side boom mower require a hoisting license?

 

 

Answers

1. Q: What regulation controls hoisting machinery operation, licensing, and temporary permitting?  

   A: hoisting machinery operation, licensing, and temporary permitting is controlled by 520 CMR 6.00.

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2. Q: What activities are covered under the hoisting regulations?

   A: The regulations, appearing in 520 CMR 6.00, apply to any equipment that has the minimum capability of hoisting a load higher than 10 feet, and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket exceeds 1/4 cubic yards. See 520 CMR 6.01.

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3. Q: Who must have a hoisting operator's license?

   A: M.G.L. c. 146 § 53 states that anyone who will operate derricks, cableways, machinery used for discharging cargoes, and 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, including but not limited to excavators, backhoes, front end loaders, uniloaders, skid loader, skid steer loaders, compact loaders or similar devices, lattice cranes, derricks, cranes with or without wire rope; all fork lifts, powered industrial lift trucks, overhead hoists (underhung), overhead cranes, underhung cranes, monorail cranes, lifting devices, cableways, and powered platforms, or any other equipment that has the minimum capability of hoisting the load higher than 10 feet, and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket exceeds 1/4 cubic yards must hold a license from the Department. See 520 CMR 6.01.

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4. Q: Can I renew my hoisting license on the website?

   A: Yes, the Department of Public Safety now offers online license renewals for the hoisting license. To access this service please click on the Online Licensing Processing web link below to process your renewal:

https://elicense.chs.state.ma.us/egov/web/Login.aspx

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5. Q: How old do I have to be to obtain a hoisting license?

   A: You must be 18 years of age or older.

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6. Q: What must I do to get licensed as a hoisting operator?

   A:
      Complete and send to the Department the following:
         a. A completed Hoisting Machinery Application.
         b. A legible photocopy of a valid driver's license, driver’s license learner’s permit, or Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles.
         c. One 2" x 2" photograph of yourself or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts. The photo should be a head, or head and shoulders shot. Access to the Massachusetts Registry of Motor Vehicles database can be granted via the hoisting machinery license application.
         d. A copy of your DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles, OR ANSI/ASME B30.5-2014 qualifications for operators. You may attain a copy of the DOT Medical Examination Report and Certificate, and the Massachusetts Intrastate Medical Waiver by clicking on the highlighted title(s).
     3. Send a check or money order for $75.00 made out the Commonwealth of Massachusetts. This is a non-refundable fee.
     4. You must pass an examination issued by this Department.

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7. Q: What is on the hoisting operator examination?

   A: The exam tests practical knowledge of all working parts of the hoisting machinery, safe operating practices, safety inspection of the equipment, hand signals, and the Massachusetts State Statutes and Regulations. You should have a thorough knowledge of Massachusetts General Laws, c. 146, §§ 53-54A, and §§ 64-67. You should also have a thorough knowledge of the Massachusetts Regulations 520 CMR 6.00 for hoisting machinery. The regulations are printable from the Public Safety website: www.mass.gov/dps. The General Laws are accessible from the official website of the Massachusetts Legislature: https://malegislature.gov/. You may also obtain a copy of the laws and regulations at your local library, or at the State House Bookstore. For more information, call (617) 727-2834. Crane operators should also know the ANSI/ASME B30.5-2014 Crane Hand Signals. Excavator and backhoe operators should also know the SAE J1307-2002 Excavator and Backhoe Hand Signals.

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8. Q: Are there any study aids available for the hoisting operator examination?

   A: Yes. The Department suggests that applicants review the following information:
       1. OSHA Regulations (website: www.osha.gov )
       2. Dig Safe (website: www.digsafe.com; telephone: 1-888-dig-safe (344-7233)
       3. Owner’s Manuals and/or Safety Manuals (website: www.aem.org or www.jjkeller.com)
       4. The DOT Medical Examination Report and Certificate

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9. Q: I currently hold a driver’s license learner’s permit. Can I be licensed?

   A: Yes. A driver’s license learner’s permit is accepted when applying for a hoisting license.

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10. Q: I currently hold a Massachusetts ID and neither a driver’s license nor a learner’s permit. Can I be licensed?

   A: Yes. A Massachusetts ID is accepted when applying for a hoisting license.

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11. Q: Is there any exemption from the requirement to produce a copy of my DOT medical certificate?

     A: An applicant for the hoisting license may submit a copy of their valid Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles OR ANSI/ASME B30.5-2014 qualifications for operators instead of the DOT medical certificate.

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12. Q: I hold a valid hoisting machinery license and currently hold a temporary driver’s license. Can I still operate hoisting machinery?

     A: Yes. The Department recognizes a temporary driver’s license as a substitute to a valid driver’s license as long as it is not expired.

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13. Q: I failed my hoisting machinery license exam. May I retake the exam immediately or is there a waiting period before I can retake it?

     A: By statute, M.G.L. c. 146, § 57, a person may not apply for a hoisting license examination more than once every 60 days.

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14. Q: Do I need a license to operate hoisting machinery on my own property?

     A: Yes. Provided that a short-term rental entity has an approved program, the hoisting machinery regulations allow individuals renting compact hoisting machinery to obtain a temporary permit from the short-term rental entity for a fourteen (14) consecutive day rental period upon completion of the entity’s training program. See 520 CMR 6.03.

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15. Q: How do I obtain a hoisting license if I am renting equipment from a short-term rental entity?

     A: Provided the short-term rental entity has an approved program, homeowners may rent compact hoisting machinery from a short-term rental entity for a period of time not to exceed fourteen (14) consecutive days. The short-term rental entity must provide training for each type of equipment rented, and renters must be trained in the “proper and safe operation” of the equipment. After the training, the short-term rental entity must issue a temporary permit to operate the rented equipment. See 520 CMR 6.03.

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16. Q: Do I need a hoisting license to operate hoisting machinery exclusively for agricultural purposes?

     A: No. M.G.L. c. 146, § 53 provides an exemption for hoisting machinery used exclusively for agricultural purposes.

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17. Q: Are there any other exemptions to the licensing requirements?

     A: Aside from the agricultural exemption (see above), Massachusetts General Laws, Chapter 146, § 53 allows for additional exemptions from full licensure.  Please note, however, that unlike the agricultural exemption, there are numerous conditions attached to these exemptions which are more fully described below in the short-term rental section and the in-service training sections, below.  The first qualified exemption from full licensure relates to the renting of compact hoisting equipment from a rental company.  The remaining ones are as follows: (1) Public utility companies that operate self- propelled truck-mounted cranes, derricks and similar hoisting equipment which is used for the maintenance and construction of the utility company’s own equipment; (2) Any other company which has equipment such as cranes, derricks and similar hoisting equipment operated upon public utility company property or equipment; and (3) Any other companies that operate hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment specifically authorized by the Department and used exclusively on company property. These provisions reflect a recent change in the General Laws as of July 1, 2016. See M.G.L. c. 146, § 53(e), (f), and (g).

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18. Q: What circumstances does the Department view to be grounds for suspension or revocation of a license, temporary permit or company certificate of approval to operate hoisting machinery?

      A: Any license covered under 520 CMR 6.00 may be revoked or suspended for the following reasons:
         (a) False or misleading information on application for examination or License renewal.
         (b) Operating hoisting machinery under the influence of alcohol or drugs.
         (c) Failure to pay excise tax or other taxes.
         (d) Failure to report accidents as required by the Department of Public Safety.
         (e) Failure to report a serious injury as required by the Department of Public Safety.
         (f) Operating in an unsafe manner.
         (g) Failure to comply with any provision of this regulation;
         (h) Failure to comply with 520 CMR 14.00.
         (i) Failure to comply with M.G.L. c. 146, §§ 53-56.
         (j) The fraudulent or otherwise improper issuance of temporary permits.
         (k) The fraudulent or otherwise improper issuance of any company license.

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19. Q: My License was revoked/suspended. May I appeal this decision?

      A: A licensee aggrieved by the action taken by the Commissioner, Chief or an Inspector, pursuant to Chapter 146, § 53 in suspending or revoking his or her license or temporary permit to operate hoisting machinery may, within one week, appeal from such decision to the Chief who shall appoint three Inspectors of the Department, or himself and two Inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal shall be final and may be appealed in accordance with M.G.L. c. 30A. All hearings will be held in accordance with M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.

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20. Q: What kind of hoisting machinery can I operate under a Class 1 restriction?

      A: The operator shall only operate the hoisting machinery listed on the restrictions below:
         • 1A:  All friction clutch machines and all derricks (including tower cranes, guy derricks, stiff legs, Chicago booms, gin poles); lattice boom machinery; and hoisting machinery listed under 1B, 1C, and 1D.
         • 1B: All hoisting machinery having telescoping boom and wire rope, and hoisting machinery listed under 1C and 1D.
         • 1C: hoisting machinery with hydraulic telescoping booms and any other hydraulic equipment designed for the purpose of hoisting, excluding those with wire rope hoist lines, and hoisting machinery listed under 1D.
         • 1D: General industrial warehouse fork lift equipment primarily used in indoor facilities.

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21. Q: What kind of hoisting machinery can I operate under a Class 2 restriction?

      A: The operator shall only operate the hoisting machinery listed on the restrictions below:
         • 2A: All crawler and rubber tired excavators and backhoes, and hoisting machinery listed under 2B, 2C, and 2D with manufacturer-approved attachments.
         • 2B: Combination loader/backhoe machines and hoisting machinery listed under 2C and 2D with manufacturer-approved attachments.
         • 2C: Front end loaders and hoisting machinery listed under 2D with manufacturer-approved attachments.
         • 2D: compact hoisting machinery with a gross vehicle weight not exceeding 10,000 pounds with manufacturer-approved attachments, excluding Class 1, Class 3, and Class 4.

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22. Q: What kind of hoisting machinery can I operate under a Class 3 restriction?

      A: The operator shall only operate the hoisting machinery listed on the restrictions below:
         • 3A: All electric and pneumatic hoisting machinery (including overhead gantry cranes, marine lifts, jib cranes with no load charts).

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23. Q: What kind of hoisting machinery can I operate under a Class 4 restriction?

     A: The operator shall only operate the hoisting machinery listed on the restrictions below:

         • 4B: Drill Rigs
         • 4C: Pipeline Side booms
         • 4D: Concrete Pumps
         • 4E: Catch Basin Cleaner
         • 4F: Sign Hanging Equipment
         • 4G: Specialty Side Boom Mower

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24. Q: What is this new Municipal - Limited restriction, and what kind of hoisting machinery can I operate using it?

A: The new license type is intended to all municipal public works department employees the option of obtaining, by submitting one application and paying one fee, a set of equipment restrictions that align with their most common operations at work. An operator employed by a municipal public works department, in possession of a valid Municipal - Limited license, and operating solely within the scope of his or her municipal employment may operate the hoisting machinery listed below:

 

  • 1C: hoisting machinery with hydraulic telescoping booms and any other hydraulic equipment designed for the purpose of hoisting, excluding those with wire rope hoist lines, and hoisting machinery listed under 1D;

 

  • 2B: Combination loader/backhoe machines and hoisting machinery listed under 2C and 2D with manufacturer-approved attachments; and

 

  • 4G: Specialty Side Boom Mower

 

 

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25. Q: I work for a municipal public works department and hold a hoisting license with the Municipal - Limited restriction. Can I use this hoisting license to operate hoisting machinery outside of work?

A: No. The operator employed by a municipal public works department may only operate the hoisting machinery listed under the Municipal - Limited restriction while under the employment of the municipal public works department. Use of the hoisting license with the Municipal - Limited restriction outside the employment of the municipal public works department is prohibited.

 

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26. Q: Are there any penalties for operating hoisting machinery under a hoisting license with the Municipal - Limited restriction outside of work?

A: Use of the hoisting license with the Municipal - Limited restriction outside the employment of the municipal public works department is a violation of 520 CMR 6.00 and may result in the suspension or revocation of the hoisting license, as well as the issuance of  written warnings or monetary fines for violating 520 CMR 6.00.

 

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27. Q: Do I need to hold a hoisting license with the Municipal - Limited restriction if I work for a municipal public works department?

A: No. You may choose to attain a hoisting license with the Municipal - Limited restriction or a hoisting license with the any or all of the restrictions as those of the Municipal - Limited restriction (1C, 2B, and 4G). An operator that obtains a hoisting license with the same restrictions as those of the Municipal - Limited restriction, but who does not possess the Municipal - Limited license, may operate hoisting machinery restricted to their license outside of the employment of the municipal public works department.

 

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28. Q: I currently hold a 1C, 2B, and/or 4G license from the Department, and I work for a municipal public works department. I don’t want to change my license. Now that there is the new Municipal - Limited license class, what happens to my full license? Will the new Municipal - Limited provision eliminate my current license and force me to obtain and use only this new license type?

A: No. The Municipal - Limited license is entirely optional. No one, whether or not they hold a Department issued hoisting license currently, will be forced to obtain the Municipal - Limited license. Likewise, municipal DPW employees are also not required to obtain the Municipal - Limited license. The new license type is only for those DPW workers who seek it because they find it to be useful and/or beneficial. A Municipal - Limited license is an available class restriction like any other, and it can be held alone or in conjunction with any other set of license restrictions.

 

Municipal DPW employees who currently hold a 1C, 2B, 4G or any other Department issued license may continue to renew their license and operate under those restrictions as before. They may add the Municipal - Limited license to their set of restrictions if they wish, or they may not. New municipal DPW employees who have yet to obtain any Department license may obtain the Municipal - Limited license, one or more other license types, or both. Each municipal worker employed by a public works department must decide if the Municipal - Limited license is right for them.

 

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29. Q: Why are changes being made to the Hoisting regulations?

     A: Changes to 520 CMR 6.00 are being made to reflect the review of the regulation, per Executive Order 562, and updates made to the hoisting laws, including M.G.L. c. 146, § 53.

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30. Q: What significant changes to the hoisting regulations have been made in the new version now effective November 18, 2016?

     A: There are significant changes to the hoisting regulation pertaining to in-service training programs, the use of manufacturer-approved attachments on Class 2 hoisting machinery, the reduction of required continuing education hours, acceptance of the Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles, acceptance of driver’s license learners permits or Massachusetts IDs for license applications, and the creation of the Municipal - Limited restriction.  Changes also include updated definitions and standards.

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31. Q: I currently hold a hoisting license with the 4A - Unlimited restriction. Will I immediately lose the ability to operate all specialty hoisting machinery?

     A: No. The 4A - Unlimited restriction will remain in effect until your next license renewal. When you renew your hoisting license, the 4A restriction will be replaced with the 4B, 4C, 4D, 4E, 4F, and 4G restrictions. It will be your responsibility to complete all appropriate continuing education requirements for each of the specialty restrictions or to notify the Department, in writing, that you will be dropping specialty restrictions from your hoisting license.

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32. Q: I wish to drop a restriction from my hoisting license. How do I get this restriction removed?

     A: Any licensee that wishes to remove a restriction from their hoisting license must submit a written request to the Department. The request must be signed and dated by the license holder, acknowledging that they wish to have the restriction removed from their hoisting license, and include the hoisting license number. You may email the scanned written request to DPSinfo@state.ma.us or fax it to 617-727-5732, ATTN: DPS Engineering Division. You may also mail the written request to the address below:

Department of Public Safety

One Ashburton Place, Room 1301

Boston, MA 02180

ATTN: DPS Engineering Division

 

NOTE: A restriction removed from the hoisting license may only be re-instated by examination.

 

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33. Q: I dropped a restriction from my hoisting license and wish to get it back. How do I get this restriction back on my hoisting license?

     A: Restrictions removed from the hoisting license may only be re-instated by examination. The license holder must submit a completed application and pass the exam to get the restriction added back to their hoisting license.

 

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34. Q: What are ‘Manufacturer-approved Attachments’?

     A: The Department defines manufacturer-approved attachments as attachable equipment tailored to perform a particular task, designed or approved for use in accordance with the equipment manufacturer’s specifications and operational and safety requirements. Manufacturer-approved attachments shall be used on Class 2-Excavation hoisting machinery only. Manufacturer-approved attachment records shall be made readily available at the request of the inspector. In the event that the manufacturer no longer exists, a Massachusetts registered professional engineer shall review and approve, in writing, the actions and reasons for the attachment’s specifications. Self-made attachments, with no documentation from a Massachusetts registered professional engineer, are prohibited.

 

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SHORT TERM RENTALS/TEMPORARY PERMITS:
 

35. 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 and issuing temporary permits in lieu of full licensure.

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36. Q: What changes are being proposed regarding short-term rental entities?

     A: Short-term rental entities may rent certain compact hoisting equipment to individuals who do not possess a Massachusetts hoisting license, provided that all of the following conditions are met: the entity has been approved by the Department, has a short-term rental entity facilitator who holds a Massachusetts hoisting license and who monitors all permitting requirements, has a Department approved training program in place, and issues temporary permits to qualified non-licensed individuals.

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37. 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 must hold a valid Massachusetts hoisting license, issued by the Department, and is responsible for conducting examinations and issuing temporary permits.

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38. Q: What if my short-term rental entity facilitator is no longer employed by my rental entity or is no longer going to serve as the facilitator?

     A: It is the responsibility of the short-term rental entity to notify the Department of the new facilitator within 14 days of change by submitting to the Department a completed Short-Term Rental Entity Facilitator Notification. No temporary permit shall be issued by the short-term rental entity without a valid short-term rental entity facilitator approved by the Department.

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39. 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.

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40. Q: What requirements must be met to be issued a temporary permit?

     A: A temporary permit may only be issued after the individual has successfully completed a Department approved training program. 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.

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41. Q: I currently hold a motor vehicle learner’s permit. Can I apply for a temporary permit?

     A: No. Pursuant to M.G.L. c. 146, § 54, a valid driver’s license is required.

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42. Q: Is a copy of my D.O.T. physical certification card required to apply for a temporary permit?

     A: No. A copy of your D.O.T. physical certification card is not required.

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43. Q: I currently hold a temporary driver’s license. Can I still apply for a temporary permit?

     A: Yes. The Department recognizes temporary driver’s license as a substitute to a valid driver’s license as long as it is not expired.

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44. Q: For how long is a temporary permit valid?

     A: An operator who is issued a temporary permit may only operate the compact hoisting machinery for 14 consecutive days.  After that time, the permit is no longer valid.

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45. Q: What constitutes compact hoisting machinery?

     A: Compact hoisting machinery is hoisting machinery with a manufacturer’s listed gross vehicle weight not exceeding 10,000 pounds. Equipment types that require a Class 1, Class 3, or Class 4 hoisting machinery license, as listed in 520 CMR 6.10, are excluded.

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46. Q: Can I operate any type of compact hoisting machinery under a temporary permit?

     A: No. Compact hoisting machinery operated under a temporary permit shall not exceed a gross vehicle weight of 8,000 pounds.

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47. Q: I currently hold a hoisting machinery license from the Department with a Class 2 restriction. Am I required to obtain a temporary permit to rent compact hoisting machinery?

     A: No. A hoisting machinery license from the Department with a Class 2 restriction permits the licensee to rent compact hoisting machinery without a temporary permit.

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48. Q:  I am a short-term rental entity.  Am I required to ensure that an individual renting equipment from me holds a valid Massachusetts hoisting license or temporary permit?

A:  Yes.  It is the obligation of the short-term rental entity to ensure that every individual renting its compact hoisting equipment either (1) holds a valid Massachusetts hoisting license, or (2) has complied with the requirements of 520 CMR 6.00 et seq. to obtain a temporary permit, including passing an examination.  There are no exceptions to this obligation.  Please see FAQ #40 for the specific requirements that must be met in order for a renter to obtain a temporary permit from a short-term rental entity.

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49. Q: What will occur if a short-term rental entity is found to be issuing temporary permits fraudulently?

     A: Issuance of fraudulent temporary permits will result in revocation or suspension of the entity’s approval to operate.

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IN-SERVICE TRAINING PROGRAMS:
 

50. Q: What is an in-service training program and what are the requirements to participate?

     A: An in-service training program is a kind of “train the trainer” program which allows employees of companies to operate certain types of hoisting machinery without the need for full licensure by the Department.  Companies who want to utilize this program must comply with the following conditions prior to implementing the program:  
        1. The company must have an in-service training program for employees approved by the Department which may be audited by the Department;
        2. in-service training programs must be monitored by a supervisory employee who holds a valid Massachusetts hoisting license of equal or greater grade;  
        3. Each in-service training program licensee must satisfactorily complete the approved program and pass an examination;
        4. The company must issue a company license to each individual participating in the program which is signed by the supervisor who holds a Massachusetts hoisting license.  The company license shall include a picture of the licensee and a list of the specific hoisting machinery the licensee is qualified to operate.

Companies 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 the company license template to the Department. Companies with approved in-service training programs must maintain and have readily accessible uniform records of all licenses issued.

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51. Q: What companies may be eligible to apply for an in-service training program?

     A: The following companies are eligible to apply for an in-service training program:

  • Public utility companies that operates 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 utility company property if one of the following conditions are met:

 

    1. the company has met the requirements set forth in clauses (i) and (ii) of M.G.L. c. 146 § 53(e);
    2. the company’s employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or
    3. the company’s employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment.

The public utility company shall provide written or electronic notification to the commissioner prior to the commencement of such work.

 

  • 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. in-service training programs for companies operating on company property must have at least 1 supervisory employee who holds a valid Massachusetts hoisting license of equal or greater grade on site at all times of operation.

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52. Q: How does the Department define company property for in-service training programs?

     A: Department defines company property as property which is owned or under the care and control of a tenant company under a lease or rental agreement. No operation shall occur on any public or a private way, excluding company property.

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53. Q: Different portions of my company property are separated by a public or private way. Can I operate my exempt hoisting machinery over the public/private way between company property?

     A: No. Operation shall not occur on any public or a private way, excluding company property. If any person believes that full compliance with 520 CMR 6.00 is overly burdensome they may apply to the Department for a variance. 520 CMR 6.12 outlines the procedure for requesting a variance from the hoisting regulations which will be reviewed on a case-by-case basis.

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54. Q: I have never applied for an in-service training program, how do I apply?

     A: All individuals or organizations seeking approval to operate an in-service training program shall submit, for the Department's approval:

          a. A completed Application for Approval of an In-service Training Program;
         b. Identification of Department-approved curriculum or a copy of company curriculum and  training materials, all of which shall incorporate a classroom and a practical component;
         c. A list with the names and Massachusetts hoisting machinery license numbers of all instructors, a legible photocopy of each instructor’s Massachusetts hoisting machinery license, and legible photocopies of the company licenses;
         d. A list of the type of equipment, including model and make, to be used in the company’s in-service training program.

In-service training programs approved by the Department must be supervised by a Massachusetts hoisting licensee of equal or greater grade of Massachusetts license and must comply with the requirements of 520 CMR 6.07(4) for each associated class of hoisting machinery licensure.

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55. Q: If a company applying for an in-service training program has multiple locations, does the in-service training program apply to all locations?

     A: No. Each separate location seeking to institute an in-service training program must file with the Department.

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56. Q: My company employs individuals whose first language is not English. Can I administer in-service training exams in a language that is not English?

     A: Yes, under the following conditions: The Department must approve all in-service training programs, including examinations. The submission of the in-service training program, and all related materials, must be translated into English for the Department’s review and certified as a true and accurate translation.

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57. Q: For how long must an approved in-service training program retain uniform records of company licensees?

     A: Uniform records of company licensees shall be kept and readily accessible to the Inspectors of the Department upon request for a period of 3 years.

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58. Q:  My company employs temporary labor from a staffing agency. May I issue these temporary employees a company license under my in-service training program?

      A:  Yes. Temporary workers may participate in your in-service training program to operate hoisting equipment at your facility.

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59. Q:  My company employs temporary employees during busy times such as the holiday season.  May I issue these temporary employees a company license under my in-service training program?

      A:  Yes. All company employees are eligible to participate in your in-service training program.

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CONTINUING EDUCATION:
 

60. Q: Of what must continuing education programs consist?

     A: Continuing education programs must be approved by the Department and consist of a curriculum that complies with 520 CMR 6.04(1)(b)(6).

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61. Q: What documentation must continuing education programs provide to the Department for approval?

     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 administrative action.

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62. 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.

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63. Q: I hold a hoisting machinery license with multiple classes. Do I need to get continuing education for each of my classes?

     A: Yes. The purpose of the continuing education requirement is to refresh the licensee of the proper and safe operations of the machinery in use. Each class restriction makes reference to a different type of hoisting machinery and would require that the licensee attain continuing education for that machinery. With the changes to 520 CMR 6.00 effective November 18, 2016, the holder of a hoisting machinery license with multiple classes shall complete only two (2) classroom hours of regulatory and industry standard training total, as well as any equipment-specific training applicable for each restriction on his or her license.

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64. Q: How many continuing education programs does the Department approve?

     A: Please follow the link to view the most recent list of approved engineering schools for hoisting machinery.

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65. Q: How often must I get continuing education on my hoisting machinery license?

     A: Continuing education will be required every time your hoisting machinery license is to be renewed.

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66. Q: How many hours of continuing education do I need to renew my hoisting license?

A: The continuing education hours are based on the number of restrictions you carry on your hoisting license. The license holder must complete continuing education for each restriction that he or she holds, consisting of two (2) hours of regulatory and industry standard training and two (2) hours of equipment-specific training. However, the following restrictions only require two (2) hours of continuing education, consisting of two (1) hour of regulatory and industry standard training and two (1) hour of equipment specific training:

1D, 4B, 4C, 4D, 4E, 4F, and 4G

With the changes to 520 CMR 6.00 effective November 18, 2016, the holder of a hoisting machinery license with multiple classes shall complete only two (2) classroom hours of regulatory and industry standard training, as well as any equipment-specific training applicable for each restriction on his or her license.

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67. Q: I hold a Hoisting license with the 1A restriction. How many hours of continuing education do I need?

A: A Hoisting license holder with the 1A restriction would need 4 hours of continuing education consisting of two (2) hours of regulatory and industry standard training and two (2) hours of equipment-specific training.

[2 Hours (Regulatory and Industry Standard Training) + 2 Hours (1A) = 4 Hours]

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68. Q: I hold a Hoisting license with the 1C/2A restrictions. How many hours of continuing education do I need?

A: A Hoisting license holder with the 1C/2A restrictions would need 6 hours of continuing education consisting of two (2) hours of regulatory and industry standard training and two (4) hours of equipment-specific training.

[2 Hours (Regulatory and Industry Standard Training) + 2 Hours (1C) + 2 Hours (2A) = 6 Hours]

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69. Q: I hold a Hoisting license with the 1D/2A/4G restrictions. How many hours of continuing education do I need?

A: A Hoisting license holder with the 1D/2A/4G restrictions would need 6 hours of continuing education consisting of two (2) hours of regulatory and industry standard training and four (4) hours of equipment-specific training.

[2 Hours (Regulatory and Industry Standard Training) + 1 Hour (1D) + 2 Hours (2A) + 1 Hour (4G) = 6 Hours]

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70. Q: I hold a Hoisting license with the 1A/2A/3A/4G restrictions. How many hours of continuing education do I need?

A: A Hoisting license holder with the 1A/2A/3A/4G restrictions would need 9 hours of continuing education consisting of two (2) hours of regulatory and industry standard training and seven (7) hours of equipment-specific training.

[2 Hours (Regulatory and Industry Standard Training) + 2 Hours (1A) + 2 Hours (2A) + 2 Hours (3A) + 1 Hour (4G) = 9 Hours]

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71. Q: I hold a Hoisting license with the Municipal - Limited restriction. How many hours of continuing education do I need?

A: A Hoisting license holder with the Municipal - Limited restriction would need 7 hours of continuing education consisting of two (2) hours of regulatory and industry standard training and five (5) hours of equipment-specific training (1C, 2B, 4G).

[2 Hours (Regulatory and Industry Standard Training) + 2 Hours (1C) + 2 Hours (2B) + 1 Hour (4G) = 7 Hours]

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72. Q: I will not be able to attain my continuing education hours at the time of my license renewal. Will my license be revoked?

     A: No. Any operator of hoisting machinery who is unable to obtain the required continuing education necessary to renew their license may request that the license be placed in inactive status for up to 1 continuing education cycle. Such request shall be made in writing on the Application for Active/Inactive Status Request of the Hoisting License. Operators holding a license on inactive status shall not be authorized to operate hoisting machinery for the time period that the license is inactive. A determination by the Department that a licensee may return to active status shall be made following the Department’s receipt of a written request by the licensee on the Application for Active/Inactive Status Request of the Hoisting License, the required renewal fee, the certificate of completion, and submission of required documentation pursuant to 520 CMR 6.02.

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73. Q: I currently offer apprentice licensees training courses only. Am I required to be approved by the Department?

     A: Yes. All individuals or organizations seeking approval to operate a training facility offering courses limited solely to apprentice licensee training courses and not continuing education shall submit a list including the names and Massachusetts hoisting machinery license numbers of all instructors employed by the training facility.

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74. Q: My company’s in-service training program has been approved by the Department.  Do my employees who hold company licenses have to participate in the continuing education programs?

      A: No.  Continuing education is only required for individuals licensed by the Department.

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OTHER TOPICS:

75. Q: Are there any changes regarding national or other recognized standards or authorities in the amendments to 520 CMR 6.00 effective November 18, 2016?

     A: Yes. The amendments to these regulations effective November 18, 2016, include the following adopted standards and associated authorities:

ANSI/ASME

B30.2-2011          Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist)

B30.3-2016          Tower Cranes

B30.5-2014          Mobile and Locomotive Cranes

B30.9-2014          Slings

B30.10-2014        Hooks

B30.11-2010        Monorails and Underhung Cranes

B30.16-2012        Overhead Hoists (Underhung)

B30.17-2015        Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist)

B30.20-2013        Below-the-Hook Lifting Devices

B30.22-2016        Articulating Boom Cranes

B30.26-2015        Rigging Hardware

 

SAE

J1307-2002          Excavator and Backhoe Hand Signals

 

The Occupational Safety and Health Administration (OSHA) Regulations

29 CFR 1926        Safety and Health Regulations for Construction

29 CFR 1910        Occupational Safety and Health Standards

 

Regulations

220 CMR 99.00   Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, § 40 (“Dig Safe”)

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76. Q: I have been involved in a hoisting machinery accident. Should I notify the Department?

     A: Yes. Any incident which results in serious injury, property damage, or any condition that is necessary for the preservation of the public health or safety at a site where hoisting machinery is operational must be reported by the licensee operating the hoisting machinery or owner or owner’s representative to the Department. The Department must be notified via the Department Incident Hotline at (508) 820-1444 within one (1) hour from the time that the incident occurred or was discovered.

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77. Q: What does the Department view as serious injury and property damage?

     A: The Department defines the term serious injury as any personal injury/illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury/illness. Property damage is defined as damage of private or public property that exceeds $5,000 per incident.

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78. Q: In the event of a hoisting machinery related accident, may the machinery be moved?

     A: No. The hoisting machinery shall not be moved or dismantled and shall be immediately shut down and secured by the operator until an Inspector has completed an investigation.  No person shall move or alter the incident scene or the hoisting machinery until the Inspector has completed the investigation and determined that the hoisting machinery is safe. The only exception to this requirement is for preservation of life, the removal of injured persons or bodies or to permit the flow of emergency vehicles.

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

     A: Yes, any person who believes that full compliance with 520 CMR 6.00 is overly burdensome may submit to the Department an Application for a Variance from 520 CMR 6.00. Applications for variance shall be made on the form provided by the Department for this purpose and shall contain such information as is required by the Department, and shall be signed by the applicant. Please note that the Department cannot grant relief from the requirements of M.G.L. c. 146, § 53 or any other requirement mandated by the General Laws.

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80. Q: My request for a variance was denied. May I appeal this decision?

     A: Yes. Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings will be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules.

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81. Q: My appeal of a decision was denied after an adjudicatory hearing held before the Department. May I appeal this decision?

      A: Any person aggrieved by a decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

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82. Q: Can I hoist people using hoisting machinery?

     A: No. The hoisting, lowering, swinging, or traveling while anyone is on the load or hook is prohibited unless hoisting of people within a safety enclosure is only permitted when the use of a conventional means of access to any elevated worksite would be impossible or more hazardous. Operations must comply with the provisions of 29 CFR 1926.550(g)(3), (4), (5), (6), (7), and (8).

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COMPANIES FULLY OR PARTIALLY EXEMPT FROM LICENSING AND IN-SERVICE TRAINING REQUIREMNETS FOR POWERED INDUSTRIAL FORK TRUCKS ONLY:

83. Q:  Are any companies fully exempt from both the licensing requirements pursuant to M.G.L. c. 146, § 53 as well as the in-service training program requirements of 520 CMR 6.06 and 6.07?

      A:  Yes.  Companies only operating powered industrial fork trucks as described in OSHA regulations 29 CFR 1910.178 on company property in areas inaccessible to the public would be exempt from the requirements of licensure under M.G.L. c. 146 § 53 and would also be exempt from in-service training program and company licensure requirements of 520 CMR 6.06 and 6.07.

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84. Q:  What areas are considered inaccessible to the public? 

      A:   An area is considered inaccessible to the public if it is either: (1) completely and permanently separated from customer or visitor areas open to the general public, regardless of when hoisting operation occurs; or (2) completely but temporarily inaccessible to the general public because hoisting operation occurs exclusively outside of normal business hours when the general public is unable to enter the company property. Thus, areas that are temporarily cordoned off during normal business hours will be considered accessible to the public.

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85. Q:  My company exclusively uses powered industrial fork trucks in a warehouse that is not accessible to the general public. Any visitors are required to sign in and must be escorted unless they are safety trained. My company has a 20-minute safety training that covers prohibited areas and safety rules around the hoisting equipment. This training is documented and we issue a sticker for the visitor’s hardhat when it is completed. Would we qualify for fully exempt status?

     A:  Yes. Company areas or properties considered inaccessible to the general public as described above will still be considered inaccessible if visitors are required to wear a hardhat and either be safety trained or escorted by a company employee during hoisting operations. 

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86. Q:  My company uses both powered industrial fork trucks and overhead gantry cranes in our manufacturing facility. There is no access to the facility by visitors unless they sign in and are escorted or complete our visitor safety training which covers which areas are off-limits due to hoisting equipment being used. Would my company qualify for fully exempt status?

      A:  No, but you would qualify for partially exempt status. You would be fully exempt under Massachusetts regulations regarding your powered industrial fork trucks, but you would have to have licensed operators for other hoisting equipment that lifts more than 500 pounds, and either the capability of lifting more than 10 feet or the capacity of the bucket exceeds ¼ cubic yards. Operators could either hold a state license with 3A restriction, or your facility could operate under an approved in-service training program using company licenses as appropriate for your equipment.

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87. Q:  My company is a lumber supply retailer. We use powered industrial fork trucks to move merchandise around the showroom and yard where we also have customers. When we move material with hoisting equipment, we mark off the aisle or area, have two employees restrict access from customers, and have a spotter to watch the movement of the fork truck. Would this facility qualify for fully exempt status?

      A:  No. Regardless of precautions taken, operating hoisting machinery in areas where the public has access creates a potential danger to members of the public. Hoisting equipment operators would have to be licensed in this scenario using either licensed operators or an approved in-service training program.

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88. Q:  My company only uses forklifts in a retail showroom at times when the showroom is closed to the members of the public (after hours). Does my company qualify for fully exempt status?

      A:  Yes.  So long as the showroom is inaccessible to the public as defined above, your facility qualifies for fully exempt status.

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89. Q:  My company operates a loading dock where powered industrial fork trucks are used to load trucks operated by drivers who are not employed by my company. The truck drivers sometimes come around to the loading dock that is not accessible to the general public. Would we qualify for fully exempt status?

A:  Yes, as long as the truck drivers are treated as visitors and are required to wear a hard hat and are safety trained or escorted during hoisting operations. An example of safety training would be a 20-minute presentation covering safety in hoisting areas that is documented and kept on file by the host company.

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90. Q:  My company does construction work. We use rough terrain material movers (Lulls). Would my company qualify for fully exempt status?

A:  No. Rough terrain material movers are not considered to be powered industrial fork trucks, and would require licensed operators.

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91. Q: My company does construction work. We use small forklifts to unload trucks at the construction site. Would my company qualify for fully exempt status?

A:  No. OSHA Regulations 29 CFR 1910 apply to general industry not construction. Therefore, in construction environments, Massachusetts licensure is required. Operators must hold a Massachusetts license. In this case, in-service training is not an option because in-service training only applies to hoisting conducted on company property.

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92. Q:  What OSHA regulations cover powered industrial fork trucks?

A:  29 CFR 1910 are the OSHA Standard for General Industry. 1910.178 establishes the requirements for employers utilizing Powered Industrial Fork Trucks. 29 CFR 1926 are the OSHA Standards for Construction. There are no provisions for this type of equipment in the construction regulations.

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LICENSING REQUIREMENT TO OPERATE:

93. Q: Does a skid steer with hammer attachment require a hoisting license?

     

 

     A: No. The operations of skid steers with a hammer attachment does not fall under the scope of 520 CMR 6.00 and would not require a hoisting license.

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94. Q: Does a skid steer with sweeper and bucket attachment require a hoisting license?

      

 

     A: Yes. A skid steer with a manufacturer-approved sweeper and bucket attachment would require a hoisting license with a 2C license restriction if it can lift 500 lbs. or if the capacity of the bucket exceeds ¼ cubic yards. 

       Note: a skid steer with ONLY a sweeper and NO BUCKET does not require a license.

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95. Q: Does a skid steer with backhoe attachment require a hoisting license?

      

 

     A: Yes. A skid steer with a manufacturer-approved backhoe attachment requires a hoisting license with a 2C license restriction.

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96. Q: Does a skid steer with a grapple attachment require a hoisting license?

 

 

      A: Yes. A skid steer with a manufacturer-approved grapple attachment requires a hoisting license with a 2C license restriction.

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97. Q: Does a skid steer with an auger (post hole digger) attachment require a hoisting license?

 

 

      A: Yes. A skid steer with a manufacturer-approved auger (post hole digger) attachment would require a hoisting license with a 2C license restriction.

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98. Q: Does a backhoe with a snow blower attachment require a hoisting license?

      

 

     A: Yes. A backhoe with a manufacturer-approved snow blower attachment would require a hoisting license with a 2B license restriction.

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99. Q: Does a backhoe with a snow plow attachment require a hoisting license?

      

 

     A: Yes. A backhoe with a manufacturer-approved snow plow attachment requires a hoisting license with a 2B license restriction.

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100. Q: Does a telescoping excavator/loader require a hoisting license?

 

 

      A: Yes. A telescoping excavator/loader would require a hoisting license with a 2A license restriction if it can hoist the load higher than 10 feet, and either the capability of lifting loads greater than 500 lbs. or the capacity of the bucket exceeds 1/4 cubic yards.

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101. Q: Does a digger derrick require a hoisting license?

 

 

      A: Yes. A digger derrick would require a hoisting license with a 1B license restriction if it can hoist the load higher than 10 feet and has the capability of lifting loads greater than 500 lbs.

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102. Q: Does a tower crane require a hoisting license?

 

 

      A: Yes. A tower crane requires a hoisting license with a 1A license restriction.

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103. Q: Does a logging truck and variations thereof require a hoisting license?

 

 

      A: Yes. A logging truck and variations of a logging truck would require a hoisting license with a 1C license restriction if it can hoist the load higher than 10 feet and has the capability of lifting loads greater than 500 lbs.

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104. Q: Does a bucket truck with material winch (wire or nylon rope) require a hoisting license?

 

 

      A: Yes. A bucket truck with a material winch (wire or nylon rope) falls under the scope of 520 CMR 6.00 and would require a hoisting license with a 1B license restriction if it can hoist the load higher than 10 feet and has the capability of lifting loads greater than 500 pounds.

          Note: A bucket truck without a material winch does NOT require a hoisting license.

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105. Q: Do overhead gantry cranes require a hoisting license?

      A: Yes. An overhead gantry crane would require a hoisting license with a 3A license restriction if it can hoist the load higher than 10 feet and has the capability of lifting loads greater than 500 lbs.
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106. Q: Does a front-end loader with a fork attachment require a hoisting license?

 

     A: Yes. A front-end loader with a manufacturer-approved fork attachment requires a hoisting license with a 2C license restriction.

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107. Q: Does a marine lift require a hoisting license?

 

 

     A: Yes. A marine lift would require a hoisting license with a 3A license restriction if it can hoist the load higher than 10 feet and has the capability of lifting loads greater than 500 lbs.

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108. Q: Does a specialty side boom mower require a hoisting license?

 

 

     A: Yes. A specialty side boom mower requires a hoisting license with the 4G license restriction.

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