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 motor vehicle learner’s permit. Can I be licensed?

10. Q: Is there any exemption from the requirement to produce a copy of my D.O.T. physical certification card?

11. Q: I hold a valid Hoisting Machinery License and currently hold a temporary driver’s license. Can I still operate Hoisting Machinery?

12. Q: Do I need a license to operate Hoisting Machinery on my own property?

13. Q: How do I obtain a Hoisting License if I am renting equipment from a Short-Term Rental Entity?

14. Q: Do I need a Hoisting License to operate Hoisting Machinery exclusively for agricultural purposes?

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

16. Q: What circumstances does the Department view to be grounds for suspension or revocation of a License or Temporary Permit or Company certificate of approval to operate Hoisting Machinery?

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 Q: My License was revoked/suspended.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

18. Q: What kind of Hoisting Machinery can I operate under a Class 1 restriction?

19. Q: What kind of Hoisting Machinery can I operate under a Class 2 restriction?

20. Q: What kind of Hoisting Machinery can I operate under a Class 3 restriction?

21. Q: What kind of Hoisting Machinery can I operate under a Class 4 restriction?

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

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

24. Q: What constitutes a Short-Term Rental Entity?

25. Q: What changes are being proposed regarding Short Term Rental Entities?

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

27. 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?

28. Q: What is a Temporary Permit?

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

30. Q: I currently hold a motor vehicle learner’s permit. Can I apply for a Temporary Permit?

31. Q: Is a copy of my D.O.T. physical certification card required to apply for a Temporary Permit?

32. Q: I currently hold a temporary driver’s license. Can I still apply for a Temporary Permit?

33. Q: For how long is a Temporary Permit valid?

34. Q: What constitutes Compact Hoisting Machinery?

35. Q: Can I operate any type of Compact Hoisting Machinery under a Temporary Permit?

36. 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?

37. 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?

38. Q: What will occur if a Short Term Rental Entity is found to be issuing Temporary Permits fraudulently?

 

IN-SERVICE TRAINING PROGRAMS:

39. Q: What is an In-Service Training Program/What are the requirements to participate?

40. Q: What companies may be eligible to apply for an In-Service Training program?

41. Q: How does the Department define Company Property for In-Service Training program?

42. Q: My Company Property is separated by a public way/private way. Can I operate my exempt Hoisting Machinery over the public way/private between Company Property?

43. Q: I was previously approved for an In-Service Training Program under previous regulations.  Is that still valid?

44. Q:   The Department issued an Interpretation in 2000 regarding In-Service Training Programs.  Is that still valid?

45. Q: I have never applied for an In-Service Training Program, how do I apply?

46. Q: If a company applying for an In-Service Training Program has multiple locations, does the In-Service Training Program apply to all locations?

47. 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?

48. Q: For how long must an approved In-Service Training Program retain uniform records of Company Licensees?

 

CONTINUING EDUCATION:

49. Q: What must continuing education programs consist of?

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

51. Q: What is a certificate of completion?

52. Q: I hold a Hoisting Machinery License with multiple classes. Do I need to get continuing education for each of my classes?

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

54. Q: How often must I get continuing education on my Hoisting Machinery License?

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

56. Q: I currently offer Apprentice Licensees training courses only. Am I required to be approved by the Department?

57. 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 CHANGES:

58. Q: Are there any changes regarding class restrictions on the new hoisting regulations?

59. Q: I have been involved in a Hoisting Machinery accident. Should I notify the Department?

60. Q: What does the Department view as Serious Injury and Property Damage?

61. Q: In the event of a Hoisting Machinery related accident, may the machinery be moved?

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

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

64. Q: My appeal of a decision was denied at an adjudicatory hearing with the Department. May I appeal this decision?

65. Q: Can I hoist people using Hoisting Machinery?

 

LICENSING REQUIREMENT TO OPERATE:

66. Q: Does a Skid Steer with Hammer attachment require a Hoisting License?

67. Q: Does a Skid Steer with Sweeper and Bucket attachment require a Hoisting License?

68. Q: Does a Skid Steer with Backhoe attachment require a Hoisting License?

69. Q: Does a Skid Steer with a Grapple attachment require a Hoisting License?

70. Q: Does a Skid Steer with an Auger (Post Hole Digger) attachment require a Hoisting license?

71. Q: Does a Telescoping Excavator/Loader require a Hoisting License?

72. Q: Does a Digger Derrick require a Hoisting License?

73. Q: Does a Logging Truck and Variations require a Hoisting License?

74. Q: Does a Bucket Truck with Material Winch (Wire or Nylon Rope) require a Hoisting License?

75. Q: Do Overhead Gantry Cranes require a Hoisting License?

76. Q: Does a Front End Loader with Fork attachment 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 Hoisting Machinery that has the minimum capability of hoisting the load higher than 10 feet or that has the capability of lifting loads greater than 500 pounds or if the capacity of the bucket exceeds 1/4 cubic yard capacity. 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, must hold a license from the Department.

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

   A: No, not at this time.

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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:
      1. First, you must possess a valid and current driver's license to operate Hoisting Machinery.
      2. Complete and send to the Department the following:
         a. A completed Hoisting License application available through the Department's website at http://www.mass.gov/dps.
         b. One legible copy of your valid driver's license.
         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 D.O.T. Medical Certificate OR ANSI/ASME B30.5-2011 qualifications for operators. A D.O.T. Medical Certificate can be attained by having your physician complete a Medical Examiner's Form, available at http://www.mass.gov/dps/applicat.htm . This is a 4 page form on your health.
     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, §§ 53-55, 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. 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 B30.5-2011 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. Application for D.O.T. Physical (can be downloaded from our website at www.mass.gov/dps)

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

   A: No. A valid driver’s license is required.

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10. Q: Is there any exemption from the requirement to produce a copy of my D.O.T. physical certification card?

     A: No. No one is exempt. You must provide a copy of your D.O.T physical certification card.

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11. 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 temporary driver’s licenses as a substitute to a valid driver’s license as long as it’s not expired.

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12. 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 Short-Term Rental Entity’s training program. See 520 CMR 6.03.

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13. 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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14. 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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15. Q: Are there any other exemptions to the licensing requirements?

     A: Aside from the agricultural exemption (see above), Massachusetts General Laws, Chapter 146, Section 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) Utility companies which have self- propelled truck mounted cranes, derricks and similar Hoisting Machinery which is used for the maintenance and construction of the utility company’s own equipment.  (2) A company which operates 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. (3) Any company which has equipment such as cranes, derricks and similar Hoisting Machinery used solely on Utility Company Property.

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16. Q: What circumstances does the Department view to be grounds for suspension or revocation of a License or 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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17. 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 their 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.

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18. 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 guy derricks, stiff legs, Chicago booms, gin poles); lattice boom machinery and may also require a 3A License in accordance with 6.10 (3); all wire rope machines; 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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19. 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
         • 2B: Combination loader/backhoe machines and Hoisting Machinery listed under 2C and 2D
         • 2C: Front end loaders and Hoisting Machinery listed under 2D
         • 2D: Compact Hoisting Machinery with a gross vehicle weight not exceeding 10,000 pounds, excluding Class 1, Class 3, and Class 4

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20. 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: Tower – Derricks and Self-erecting Tower Cranes

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21. 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:
         • 4A: Hoisting Machinery under the 4B – 4G restrictions  
         • 4B: Drill Rigs
         • 4C: Pipeline Side booms
         • 4D: Concrete Pumps
         • 4E: Catch Basin Cleaner
         • 4F – Sign Hanging Equipment
         • 4G – Specialty Lawn Mower

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22. 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.

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

     A: There are significant changes to the sections of the hoisting regulation pertaining to Short-Term Equipment Rentals, In Service Training Programs, and the implementation of Continuing Education.  Changes also include updated definitions and standards.

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SHORT TERM RENTALS/TEMPORARY PERMITS:
 

24. 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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25. 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 the Entity has been approved by the Department; has a Short Term Rental Entity Facilitator who holds a Massachusetts hoisting license and who must monitor all permitting requirements and has a Department approved training program in place and issues Temporary Permits to qualified non-licensed individuals.  All of these conditions must be met.

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26. 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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27. 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. The notification form can be found here pdf format of form_hoisting_facilitator
. 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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28. 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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29. 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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30. Q: I currently hold a motor vehicle learner’s permit. Can I apply for a Temporary Permit?

     A: No. A valid driver’s license is required.

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31. 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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32. 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’s not expired.

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33. 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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34. 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. Hoisting Machinery that requires a Class 1, Class 3, or Class 4 Hoisting Machinery License, as listed in 520 CMR 6.10, are excluded.

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35. 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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36. 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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37. 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 #29 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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38. 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 Entities approval to operate.

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IN-SERVICE TRAINING PROGRAMS:
 

39. Q: What is an In-Service Training Program/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 holder of 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 each License issued to the Department as well as maintain and have readily accessible uniform records of all Licenses issued.

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 Machinery during that period.

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40. Q: What companies may be eligible to apply for an In-Service Training program?

     A: 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 Utility Company Property.

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41. Q: How does the Department define Company Property for In-Service Training program?

     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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42. Q: My Company Property is separated by a public way/private way. Can I operate my exempt Hoisting Machinery over the public way/private 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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43. Q: I was previously approved for an In-Service Training Program under previous regulations.  Is that still valid?

     A: No. 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.

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44. Q:   The Department issued an Interpretation in 2000 regarding In-Service Training Programs.  Is that still valid?

     A:   No.  The Department rescinded that interpretation upon the publication of the new regulations.  Additional information may be found here.

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45. 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 found here pdf format of form_approval_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 Instructors’ 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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46. 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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47. 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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48. 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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CONTINUING EDUCATION:
 

49. 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 520 CMR 6.04(b)6.

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50. 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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51. 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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52. 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.

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

     A: Please follow this link to view the most recent list of approved continuing educations programs for Hoisting Machinery.

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54. 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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55. 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 a form furnished by the Department. 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 a form furnished by the Department, the required renewal fee, the certificate of completion, and submission of required documentation pursuant to 520 CMR 6.02. An Application for Active/Inactive Status Request of the Hoisting License can be found here pdf format of eng_form_continuing_education_inactive
.

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56. 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. In order to provide adequate time for individuals and organizations to implement these regulations, the Department shall begin enforcement on May 1, 2014.

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57. 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 CHANGES:

58. Q: Are there any changes regarding class restrictions on the new hoisting regulations?

     A: Yes. The new hoisting regulations offer 2 new restrictions. The 1D restriction is required to operate General Industrial Warehouse Fork Lift equipment primarily used in indoor facilities. The 2D restriction is required to operate compact hoisting machinery with a gross vehicle weight not exceeding 10,000 pounds, excluding Class 1, Class 3, and Class 4 hoisting machinery as listed in 520 CMR 6.10.

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59. 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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60. Q: What does the Department view as Serious Injury and Property Damage?

     A: The Department defines 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 that requires immediate admission and observation by a licensed physician. Property Damage is defined as damage of private or public property that exceeds $5,000 per Incident.

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61. 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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62. 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 apply to the Department for a variance. Applications for variance shall be made on a 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. The request for variance application can be found here pdf format of hoisting_variance_app
. Please note that the Department cannot grant relief from the requirements of M.G.L. c. 146 § 53.

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63. 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.

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64. Q: My appeal of a decision was denied at an adjudicatory hearing with 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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65. 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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66. 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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67. Q: Does a Skid Steer with Sweeper and Bucket attachment require a Hoisting License?

      

 

     A: Yes. A Skid Steer with Sweeper and Bucket attachment would require a Hoisting License with a 2C license restriction if it can lift 500lbs or if the capacity of the bucket exceeds ¼ cubic yard capacity. 

          A Skid Steer with ONLY a sweeper and NO BUCKET does not require a license

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68. Q: Does a Skid Steer with Backhoe attachment require a Hoisting License?

      

 

     A: Yes. A Skid Steer with the Backhoe attachment would require a Hoisting License with a 2B license restriction if it can lift 500lbs, or if it can hoist a load higher than 10 feet, or if the capacity of the bucket exceeds ¼ cubic yard capacity.

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69. Q: Does a Skid Steer with a Grapple attachment require a Hoisting License?

 

 

      A: Yes. A skid steer with a grapple attachment would require a Hoisting License with a 2C license restriction if it can lift 500lbs.

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70. Q: Does a Skid Steer with an Auger (Post Hole Digger) attachment require a Hoisting license?

 

 

      A: No. The operations of skid steers with an Auger (Post Hole Digger) attachment does not fall under the scope of 520 CMR 6.00 and would not require a Hoisting License.

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71. Q: Does a Telescoping Excavator/Loader require a Hoisting License?

 

 

      A: Yes. A Telescoping Excavator/Loader would require a Hoisting License with a 1C license restriction if it can lift 500lbs, or if it can hoist a load higher than 10 feet, or if the capacity of the bucket exceeds ¼ cubic yard capacity.

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72. 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 lift 500lbs or if it can hoist a load higher than 10 feet.

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73. Q: Does a Logging Truck and Variations 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 lift 500lbs or if it can hoist a load higher than 10 feet.

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74. 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 lift 500lbs or if it can hoist a load higher than 10 feet.

          But A Bucket Truck without a material Winch does NOT require a license  

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75. 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 lift 500lbs or if it can hoist a load higher than 10 feet.
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76. Q: Does a Front End Loader with Fork attachment require a Hoisting License?

 

     A: Yes. The operator of a Front End Loader is required to hold a 2C restriction, at minimum. If, however, the Bucket is removed and replaced with Fork attachment, the operator of this modified machinery is required to hold a 1C restriction. A 1C restriction is required to operate equipment with hydraulic telescoping booms without wire ropes and Fork Lifts.

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