MA Agency Sets Hearing on Hoisting Machinery Changes

The agency also is drafting amendments to its regulations to adapt to OSHA's crane operator accreditation requirement by Nov. 10, 2014.

The Massachusetts Department of Public Safety has proposed several changes to its regulation of hoisting machinery, defined as derricks, cableways, machinery used for discharging cargoes, temporary elevator cars used on excavation work or machinery used for hoisting building material, excavators, backhoes, front end loaders, uni-loaders, skid loaders, skid steer loaders, compact loaders, lattice cranes, cranes, overhead bridge cranes, and electric hoists.

The department will hold a public hearing Dec. 3, 2012, in Boston. Its notice also said the department is aware of OSHA's 29 CFR 1926 Subpart CC, released Aug. 9, 2012, which requires crane operators involved in construction to be certified by an accredited certification provider by Nov. 10, 2014, and the Massachusetts department is in the process of drafting amendments to bring its regulation in compliance with the federal one.

Under the current proposed regulation, temporary permits may be issued by a short-term rental entity for the operation of compact hoisting machinery. The rental entity must be approved by the department and must have an individual who holds a Massachusetts hoisting license act as a short-term rental entity facilitator to monitor all permitting requirements. Temporary permits will be non-renewable and will not be valid for more than 14 consecutive days, and no individual will be issued more than one temporary permit in any 45-day period.

The regulation expands the current exemption from the licensing and permitting requirements to include companies operating solely on company property and companies operating solely on public utility property. For the exemption to apply, the company must have an in-service training program for its employees that has been approved by the department and meets its requirements. All courses must be monitored by a Massachusetts hoisting licensee.

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