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Regulations and Standards Adopted

The standard for operation of hoisting machinery shall be in accordance with the following:

ANSI/ASME:

B30.9 2014 Slings

B30.10 2014 Hooks

B30.20 2013 Below the Hook Lifting Devices

B30.26 2015 Rigging Hardware

SAE:

J1307-2002   Excavator and Backhoe Hand Signals-for the 2A-2D licenses.

The Occupational Safety and Health Administration (OSHA) Regulations:

29 CFR 1926 Safety and Health Regulations for Construction(1926)

29 CFR 1910 Safety and Health Standards for General Industry (1910)

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

6.02: General Administrative Provisions, Including Requirements for Licensure, Apprentice Licenses, and Renewals

(1)       Scope. 520 CMR 6.00 establishes general administrative provisions including license issuance, license renewals, fees, examinations, and appeals for all hoisting machinery licensure.

(2)       General Requirements for Licensure.

(a)      All applicants, including those applying for an apprentice license, must be 18 years of age or older.

(b)      All applicants must submit the following documentation:

  1. A completed application on a form authorized by the Department to operate hoisting machinery as provided by the Department;
  2. A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;
  3. A legible photocopy of the applicant’s valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators. In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;
  4. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts;
  5. A legible photocopy of the applicant’s valid driver’s license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver’s license learner’s permit. In the event that the applicant’s driver’s license, Massachusetts ID, or learner’s permit expires prior to the expiration of the hoisting license, the applicant shall submit a legible photocopy of the new license, Massachusetts ID, or permit when it is received;

Examination for License to Operate Hoisting Machinery:

Written.

  1. All applicants for a license to operate hoisting machinery license shall pass a written examination administered by the Department by earning a minimum grade of 70% and must demonstrate knowledge of the following:
    • The operation of the equipment for which they are being examined;
    • The ability to comprehend and interpret all placards, operation manuals, safety codes and other information pertinent to safe hoisting operations in the English language;
    • Emergency procedures;
    • Massachusetts General Laws and regulations as they relate to hoisting machinery.
  2. Pursuant to M.G.L. c. 146, § 57, individuals receiving a failing score may not retake an examination for a license to operate hoisting machinery within 60 days of the previous examination.
  3. In addition to the written examination, applicants for licensure to operate hoisting machinery may be required to pass a practical examination at the discretion of the Department or if required by Federal law for the specific type of equipment for which they have applied to operate.
  4. Hoisting licenses shall be carried on the person of the operator during all times the operator is operating hoisting machinery and shall be furnished for inspection by the operator at the request of the Chief or Inspector or the Commissioner.
  5. Denial; Appeals: Cannot test or appeal a failing grade.

The Department may refuse to issue a license to an applicant based on the following grounds:

  1. Submittal of an incomplete application or submittal of an application on a form not authorized by the Department.
  2. Failure to submit required fees.
  3. Submittal of false, invalid, incorrect or fraudulent information.
  4. If at the time of application, the applicant is under investigation by the Department.
  5. Failure to pass a practical examination (if required).

Failure to pass the required written examination:

If the Department refuses to issue a license based upon any of the reasons set forth in 520 CMR 6.02, it shall notify the applicant in writing, setting forth the reasons for the denial.  Within one week of receipt of the denial, the applicant may make written demand on a form authorized by the Department to the Chief for a hearing before a board of appeals consisting of three Department Inspectors appointed by the Chief or the Chief and two Inspectors.  The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02.

Failure to Pass Written Examination: as Required by 520 CMR 6.02(5)(a)6. The results of the written examination shall be posted on the Department’s website (www.mass.gov/dps). If an applicant receives a failing score, the applicant may make written demand upon the Chief for a hearing.  The written demand must be submitted on a form authorized by the Department within one week of the examination score being posted on the website. The hearing shall be held before a board of appeals consisting of three Department Inspectors appointed by the Chief or the Chief and two Inspectors.  The hearing shall be held promptly and in accordance with M.G.L. c. 30A and 801 CMR 1.02.

  1. License Renewals: All applicants for renewal licensure shall submit the following to the Department:

(a)      A certificate of completion evidencing the satisfaction of continuing education hours required pursuant to 520 CMR 6.04;

(b)      A completed application with a valid and current mailing address and email address on a form authorized by the Department to operate Hoisting Machinery as provided by the Department;

(c)       A fee to be determined annually by the Secretary of Administration and Finance under the provisions of M.G.L. c. 7, § 3B;

(d)      A legible photocopy of the applicant’s valid DOT medical certificate, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators.  In the event that the DOT medical certificate or Intrastate Medical Waiver expires prior to the expiration of the hoisting license, the licensee shall submit a legible photocopy of the new certificate or waiver as applicable;

(e)       A photograph or permission to gain access to the Massachusetts Registry of Motor

Vehicles database if applicant is a resident of Massachusetts;

(f)        A legible photocopy of the applicant’s valid driver’s license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver’s license learner’s permit.  In the event that the applicant’s driver’s license, Massachusetts ID, or learner’s permit expires prior to the expiration of the hoisting license, the applicant shall submit a legible photocopy of the new driver’s license, Massachusetts ID, or permit when it is received.

In accordance with M.G.L. c. 146, § 67, a notice of the date of expiration of a license shall, at least 30 days prior to such date, be sent to the licensee.  It is the responsibility of the licensee to notify the Department of any changes to their mailing address and email address.  Failure to provide the Department with a valid and current mailing address and email address may result in the delay of a license renewal.  Licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the Licensee.

Inactive Status:

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 one 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.

Expiration: Licenses not renewed on or before the expiration date shall become void, and shall, after one year, be reinstated only by re-examination of the licensee in accordance. This does not apply to licenses which are considered in inactive status.

6.06: Exempt Companies:

Exemptions for Licensing Requirements, Pursuant to M.G.L. c. 146, § 53

Pursuant to M.G.L. c. 146, § 53, the following companies may be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03:

(a) Public utility companies.

(b) Other companies operating only upon public utility company property or equipment.

(c) Other companies operating equipment exclusively on company property.

(2) For any of the exemptions in 520 CMR 6.06 to apply, the requirements as applicable set forth shall be met:

(a) A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company’s equipment shall be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03 if the company has:

  1. At least one supervisory employee who holds a license issued by the Department and who is designated as the responsible person in charge of the hoisting equipment; and
  2. A company provides in-service training program for its employees.

This exemption shall only apply if the in-service training program for employees has been approved by the Department. The in-service training program may be audited by the Department.  The public utility company shall issue a company license to each trained and certified employee.  The license shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisory employee who holds a Department license.

(b)  Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from the licensing and permitting requirements if;

  1. The company has met the requirements set forth in 520 CMR 6.06.
  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.

(c)   Any other company that operates 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 shall be exempt from the licensing and permitting requirements.

  1. The company has met the requirements of 520 CMR 6.06.
  2. At least one supervisory employee is on site at all times of operation and the supervisory employee holds a license issued by the Department under 520 CMR 6.06(2)(c) and is designated as the responsible person in charge of hoisting equipment during that period of operation.