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(3) Examination for License to Operate Hoisting Machinery. (a) 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: a. the operation of the equipment for which they are being examined; b. the ability to comprehend and interpret all placards, operation manuals, safety codes and other information pertinent to safe hoisting operations in the English language; c. emergency procedures; d. 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. (b) Practical Examination. Applicants taking the practical examination must demonstrate knowledge of the following: 1. The ability to operate the equipment for which they are being examined; 2. The ability to comprehend and interpret all placards, operators' manuals, safety codes and other information pertinent to safe hoisting operations; 3. The ability to comprehend and interpret hand signals; 4. The ability to communicate in English; 5. Emergency procedures; 6. Applicable Massachusetts General Laws and regulations as they relate to hoisting machinery. (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. (a) 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); 6. Failure to pass the required written examination. (b) If the Department refuses to issue a license based upon any of the reasons set forth in 520 CMR 6.02(5)(a)1. through 6. it shall notify the applicant in writing, setting forth 520 CMR: DEPARTMENT OF PUBLIC SAFETY 6.02: continued 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: Informal/Fair Hearing Rules. (c) 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 ( 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: Informal/Fair Hearing Rules. (d) If, after a hearing pursuant to 520 CMR 6.02(5)(b) or (c), the board of appeals denies the issuance of the license, it shall notify the applicant in writing. Such notice shall be sent by certified mail and/or first class mail and shall contain the reasons supporting the denial. Within 30 days after receipt of the notice, the applicant may appeal such denial to Superior Court in accordance with M.G.L. c. 30A, § 14. (6) 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. (7) Renewals of Apprentice Licenses. (a) Apprentice licenses shall be valid for the term of registration. Apprentice licenses may be renewed upon the submission of a copy of the applicant's Annual Apprentice ID Card issued by the DAT as proof that the apprentice licensee remains registered with the Division of Apprentice Training of the Department of Labor Standards. (b) Applicants for apprentice license renewals shall also submit the following: 520 CMR: DEPARTMENT OF PUBLIC SAFETY 6.02: continued 1. A complete application with a valid and current mailing address and email address for renewal of an apprentice license 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 valid DOT medical certificate documenting that the applicant meets the criteria for a DOT medical examination, Intrastate Medical Waiver from the Massachusetts Registry of Motor Vehicles or ANSI/ASME B30.5-2014 qualifications for operators; 4. A certificate of completion; 5. A photograph or permission to gain access to the Massachusetts Registry of Motor Vehicles database if applicant is a resident of Massachusetts; 6. A legible photocopy of a valid driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit. In accordance with M.G.L. c. 146, § 67, a notice of the date of expiration of an apprentice license shall, at least 30 days prior to such date, be sent to the apprentice licensee. It is the responsibility of the apprentice 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 an apprentice license renewal. Apprentice licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the apprentice licensee.

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520 CMR: DEPARTMENT OF PUBLIC SAFETY


Public safety


520 CMR 6.00: HOISTING MACHINERY
Section

6.01: General Provisions, Scope, Definitions, Standards Adopted
6.02: General Administrative Provisions, Including Requirements for Licensure, Apprentice Licenses,
and Renewals
6.03: Issuance of Temporary Permits to Operate Rented Compact Hoisting Machinery
6.04: Continuing Education and Training Facilities
6.05: Apprentice Licenses
6.06: Exempt Companies; Exemptions for Licensing Requirements, Pursuant to M.G.L. c. 146, § 53
6.07: In-service Training Program for Exempt Companies
6.08: Operating Procedures for Hoisting Machinery
6.09: Special Requirements for Cranes, Derricks, Pile Drivers, Excavating Machines, Fork Lifts, and
Hoists
6.10: Classification of Licenses; Qualifications
6.11: Operation of Hoisting Machinery; Accident Reporting
6.12: Suspension, Revocation, and Appeals of Licensing, Certification, and Temporary Permitting 6.13:
Variance Procedure

6.01: General Provisions, Scope, Definitions, Standards Adopted

(1) Scope. 520 CMR 6.00 is promulgated by the Department of Public Safety pursuant
to authority granted by M.G.L. c. 146, § 53. The purpose of 520 CMR 6.00 is to establish
reasonable requirements to protect the public safety of the citizens of the Commonwealth from
the hazards inherent in the operation of hoisting machinery by establishing the minimum
standards necessary to obtain a hoisting machinery operator's license or temporary permit and
the minimum safety standards to be followed during the operation of hoisting machinery. 520
CMR 6.00 shall apply to hoisting machinery as defined in 520 CMR 6.01 that is used on private
or public property for the erection, construction, alteration, demolition, repair or maintenance
of buildings, structures, bridges, highways, roadways, dams, tunnels, sewers, underground
buildings or structures, underground pipelines or ducts, and all other construction projects or
facilities or other uses on private or public grounds including the warehousing and movement
of materials, except when being used exclusively for agricultural purposes.

(2) Definitions. The following words and terms, when used in 520 CMR 6.00 shall have
the following meanings unless the context clearly indicates otherwise or the term is redefined
for a specific section or purpose:

ANSI. American National Standards Institute.

Apprentice License. A document issued by the Department upon proof of registration at a
training facility and with the Division of Apprentice Training within the Department of Labor
Standards, which enables the holder to operate hoisting machinery under the direct guidance
and supervision of a duly licensed person licensed to operate the category of hoisting
machinery for which documentation is issued.

, 520 CMR: DEPARTMENT OF PUBLIC SAFETY


6.01: continued
Cargo. A load, quantity, or volume that can be processed or transported.

Certificate of Completion. A uniform certificate issued by a training facility to a licensee upon
the satisfactory completion of a continuing education curriculum.

Chief. The Chief of Inspections - Mechanical of the Department of Public Safety.
Commissioner. The Commissioner of the Department of Public Safety.

Compact Hoisting Machinery. 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. Hoisting machinery operated under a temporary permit shall not exceed a gross
vehicle weight 8,000 pounds.

Company License. A license issued by an Exempt Company that has a Department approved
in-service training program and which is only valid for hoisting machinery used on company
property.

Company Property. Property which is owned or under the care and control of a tenant company
under a lease or rental agreement.

Competent Person. One who is capable of identifying existing and predictable hazards in the
surroundings or working conditions which are unsanitary, hazardous, or dangerous, and who
has authorization to take prompt corrective measures to eliminate such conditions.

DAT. The Division of Apprentice Training.

Department. The Department of Public Safety.

DOT. The United States Department of Transportation.

Emergency Procedure. Actions required to be taken when imminent danger may occur to
prevent damage to life, property, or to ensure public safety.

Fork Lift. Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier
materials, excluding earth moving, over the road haulage trucks, and equipment which was
designed to move earth but has been modified to accept forks.

Hoisting Machinery. 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, powered platforms and
any other equipment that has the minimum capability of hoisting the load higher than ten feet,
and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket
exceeds ¼ cubic yards; overhead bridge cranes, electric or air driven hoists, pendant controlled
hoists, specialty equipment as categorized by license grade in 520 CMR 6.00.

Incident. A situation that results in serious injury, property damage, or any condition that is
necessary for the preservation of the public health or safety.

, 520 CMR: DEPARTMENT OF PUBLIC SAFETY


6.01: continued
In-service Training. A company program that has been approved by the Department and is
required for issuance of a company license by those companies that have been exempted from
hoisting licensing requirements, pursuant to M.G.L. c. 146, § 53.

Inspector. A District Engineering Inspector employed by the Department.

Instructor. An individual duly licensed by the Department as a hoisting machinery operator
who educates and trains licensees and apprentice licensees in the operation of hoisting
machinery.
License. A document issued by the Department to an individual to operate a certain type and
class of hoisting machinery.

Licensee. A person who is 18 years of age or older, and has completed the necessary requisites
for licensure to operate hoisting machinery.

Manufacturer Approved Attachment. 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. In the event the manufacturer does not
exist, a Massachusetts registered professional engineer shall review and approve, in writing,
the actions and reasons for said specifications to the attachable equipment.

Mechanical Failure. Damage to or breakdown of hoisting machinery which affects the capacity
or safe operation of the equipment per the manufacturer's specifications.

Modification. Alterations, extensions or repairs made to hoisting machinery which alter the
machinery's original structure.

Operator's Manual. The document created by the manufacturer of the hoisting machinery that
contains the required procedures and forms for the safe operation of hoisting machinery at the
stated site pertaining to that specific equipment.

Placard. A Department issued certificate posted on hoisting machinery which acts as a notice
of the unsafe condition of the machinery.

Property Damage. Damage of private or public property that exceeds $5,000 per incident.

Qualified Welder. A welder certified by the American Welding Society (AWS) or an
acceptable alternative welding certification.

SAE. Society of Automotive Engineers.

Serious Injury. A 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.

Short-term Rental Entity. A person or organization approved by the Department who is in the
business of renting compact hoisting machinery for which a temporary permit is required.

Short-term Rental Entity Facilitator. An employee of the short-term rental entity who holds a
Massachusetts hoisting license issued by the Department and is responsible for the written and
practical training, examinations, and issuance of temporary permits.

, 520 CMR: DEPARTMENT OF PUBLIC SAFETY


6.01: continued
Temporary Permit. A non-renewable permit to operate compact hoisting machinery, with a
gross vehicle weight not exceeding 8,000 pounds, issued by a Department approved short-term
rental entity for no more than 14 consecutive days.

Temporary Permit Holder. A person who is 18 years of age or older, holds a valid driver's
license, and has obtained a temporary permit to operate compact hoisting machinery with a
gross vehicle weight not exceeding 8,000 pounds.

Training Facility. A site, including buildings and machinery located thereon, that has been
approved by the Department to train individuals in the safe operation of hoisting machinery
and may also provide courses in continuing education for individuals licensed to operate
hoisting machinery.
Training Period. The time during which an apprentice licensee participates in a training
program on-site at a training facility.

Utility. Any organization or company which provides electricity, natural gas, phone or cable
services to the public.

(3) Regulations and Standards Adopted. The standard for operation of hoisting machinery
shall be in accordance with the following:

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 through 40E ("Dig Safe").

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

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