The Department of Public Safety ("Department") would like to notify you that the new 520 CMR 6.00: HOISTING MACHINERY regulations will go in to effect on November 8, 2013. Many of the changes incorporated in to the new regulations reflect and implement recent amendments to the hoisting law, G.L. c. 146, § 53, and public comment.  Please note that this is a summary only of some of the more significant changes and should not be read in lieu of the regulations themselves.

 

Highlights of the changes include the following:

Short-Term Rental Entities

 

This new section to the Regulation allows certain businesses to rent Compact Hoisting Machinery to individuals, who would otherwise have to be fully licensed, as long as they have been issued a Temporary Permit.  The business must be approved by the Department as a Short-Term Rental Entity and will be responsible for issuing the Temporary Permit. The Department defines Compact Hoisting Machinery as Hoisting Machinery that falls under Class 2 (Excavation) with a gross vehicle weight not exceeding 10,000 pounds. Operators that hold a Temporary Permit to operate rented Compact Hoisting Machinery shall only operate Compact Hoisting Machinery that does not exceed a gross vehicle weight of 8,000 pounds.

 

In order to attain approval by the Department, the Short-Term Rental Entity must submit documentation of a training program which is monitored by a duly licensed Short-Term Rental Entity Facilitator who is responsible for overseeing the program. No Temporary Permit shall be issued by the Short-Term Rental Entity without a valid Short-Term Rental Entity Facilitator approved by the Department.

Application for Approval as a Short-Term Rental Entity pdf format of form_approval_short_term_rental_

 

Any individual seeking a Temporary Permit must be 18 years of age, hold a valid driver’s license, and submit all appropriate documentation prior to taking the approved training program. Any individual that holds a Hoisting Machinery License with a Class 2 restriction, including the new ‘2D - Compact Hoisting Machinery’ restriction, may rent Compact Hoisting Machinery from a Short-Term Rental Entity without having to take the approved training program or attain a Temporary Permit.

 

Please refer to the Regulation and the Department’s FAQs for more information regarding this section.

 

In-Service Training Program for the Use of Hoisting Machinery on an Exempt Company’s Property

 

The new regulation allows businesses to provide In-Service Training Programs for their employees to operate certain type of Hoisting Machinery without being fully licensed by the Department.  There are many restrictions that apply, however, in order for businesses to take advantage of these provisions.  For example, the Department must approve the training program in advance, and the equipment being operated is restricted to the Company Property.   This exemption does not apply to any operation of Hoisting Machinery on public or private way other than the approved Company Property.

Further, all In-Service Training programs seeking approval from the Department must be monitored by at least 1 supervisory employee on site at all times of operation who holds a valid Hoisting License from the Department. Approved In-Service Training programs are valid for two-years from the date of issuance and are subject to auditing from the Department. All previously approved In-Service Training Programs will have their approval rescinded 120 days from November 8, 2013 and must reapply for approval by the Department.

Application for Approval of an In-Service Training Program pdf format of form_approval_in-service_training_program_     

 

Please refer to the Regulation and the Department’s FAQs for more information regarding this section.

 

Continuing Education

 

The new regulation creates continuing education requirements for all fully licensed Hoisting operators during the 2 year license cycle.  Please note that holders of Temporary Permits or Company issued licenses are NOT subject to continuing education requirements. Any Licensee who is unable to obtain the required continuing education necessary to renew their License may request that the License be placed in an inactive status for up to 1 continuing education cycle.  However, no Hoisting Machinery operations shall take place while the License in an inactive status.

 

If any organization is interested in providing continuing education, they may apply for approval by the Department and include a list of all instructors along with their Hoisting License number. 

Application for Approval of Continuing Education Program pdf format of form_approval_continuing_ed_

 

Enforcement of the Continuing Education requirements shall be begin on May 1, 2014 to provide adequate time for individuals and organizations to implement these regulations. Licensees whose Hoisting Machinery License expires prior to this date will not be required to submit Continuing Education at the time of renewal.

 

Please refer to the Regulation and the Department’s FAQs for more information regarding this section.

 

 

Finally, the regulations incorporate new definitions, and updated regulations and standards for the operation of Hoisting Machinery.  It also creates  two new licensing restrictions; 1D - General Industrial Warehouse Fork Lift equipment and 2D - Compact Hoisting Machinery.

 

The 1D restriction is required to operate General Industrial Warehouse Fork Lift equipment primarily used in indoor facilities. Any Hoisting Machinery licensee who holds a license with a Class 1 grade greater than 1D may also operate General Industrial Warehouse Fork Lift equipment.

 

The 2D restriction is required to operate Hoisting Machinery that falls under Class 2 (Excavation) with a gross vehicle weight not exceeding 10,000 pounds. Hoisting Machinery classified as Class 1, Class 3, and Class 4, as listed in 520 CMR 6.10, are excluded from this definition. Any Hoisting Machinery licensee that holds a license with a Class 2 grade greater than 2D may also operate Compact Hoisting Machinery.

 

The regulations, as well as FAQs, can be found here .