PRINTER'S NO. 127
No. 140 Session of 2005
INTRODUCED BY ERICKSON, RAFFERTY, KITCHEN, COSTA, LEMMOND,
PILEGGI AND TARTAGLIONE, FEBRUARY 1, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 1, 2005
AN ACT
1 Relating to crane operator licensure; creating the State Board
2 of Crane Operators; conferring powers and imposing duties;
3 making an appropriation; and imposing penalties.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. State Board of Crane Operators.
8 Section 4. Powers and functions of board.
9 Section 5. Licensure of crane operators.
10 Section 6. Crane operator trainee.
11 Section 7. Eligibility for licensure as crane operator.
12 Section 8. Application, fee, issuance of license.
13 Section 9. Fees established by rule; use.
14 Section 10. Refusal, suspension or revocation of license.
15 Section 11. Reporting of multiple licensure.
16 Section 12. Surrender of suspended or revoked license.
17 Section 13. Penalties.
18 Section 14. Subpoenas.
1 Section 15. Unlawful practice.
2 Section 16. Appropriation.
3 Section 17. Severability.
4 Section 18. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Crane
9 Operator Licensure Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The State Board of Crane Operators.
15 "Crane." A power-operated hoisting machine that has a power-
16 operated winch, load line and boom moving laterally by the
17 rotation of the machine on a carrier or base and has a
18 manufacturer-rated lifting capacity of ten tons or more. The
19 term shall not include a forklift, digger derrick truck,
20 aircraft, bucket truck or any vehicle or machine not having a
21 power-operated winch and load line.
22 "Crane operator." An individual duly licensed by the State
23 Board of Crane Operators to engage in the operation of a crane.
24 "Crane operator trainee." An individual who has not been
25 issued a license under this act but who is authorized to perform
26 the duties of a crane operator under the immediate supervision
27 of a licensed crane operator.
28 "Crane-related experience." Operating, inspecting, training
29 and maintenance experience which is acceptable to the State
30 Board of Crane Operators.
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1 "Department." The Department of Labor and Industry of the
2 Commonwealth.
3 "Immediate supervision." Circumstances in which the
4 supervising crane operator is in the immediate area of the
5 trainee and within visual sighting distance and able to
6 effectively communicate with the trainee. When performing direct
7 supervision, the supervising crane operator shall have no other
8 duties than to observe the operation of the crane by the
9 trainee.
10 "Secretary." The Secretary of Labor and Industry of the
11 Commonwealth.
12 Section 3. State Board of Crane Operators.
13 (a) Establishment.--The State Board of Crane Operators is
14 hereby established as a departmental administrative board in the
15 Department of Labor and Industry. The board shall consist of
16 seven members who are residents of this Commonwealth, including
17 the secretary or his designee, two members appointed by the
18 Governor who shall be members of the public at large and four
19 members appointed by the Governor who shall have been actively
20 engaged in crane-related operations in this Commonwealth for at
21 least five years immediately preceding their appointment. The
22 board shall meet within 30 days after the appointment of its new
23 members and set up operating procedures and develop application
24 forms for licensing crane operators. It shall be the
25 responsibility of the board to circulate these forms and educate
26 the public to the requirements of licensing in order to hold
27 oneself out as a licensed crane operator within this
28 Commonwealth.
29 (b) Membership.--Professional and public members shall be
30 appointed by the Governor with the advice and consent of the
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1 Senate for terms of four years, except that of the members first
2 appointed, three shall serve for terms of four years, two shall
3 serve for terms of three years and one shall serve for a term of
4 two years. The professional members of the board initially
5 appointed pursuant to this subsection need not be licensed at
6 the time of appointment but, at the time of appointment, must
7 have satisfied the eligibility requirements for licensure as
8 crane operators as provided in this act.
9 (c) Term of office.--Each board member shall continue in
10 office until a successor is duly appointed and qualified but no
11 longer than six months after the expiration of the term. In the
12 event that a board member shall die, resign or otherwise become
13 disqualified during the term of office, a successor shall be
14 appointed in the same way and with the same qualifications as
15 set forth in this section and shall hold office for the
16 unexpired portion of the unexpired term.
17 (d) Eligibility.--No board member shall be eligible for
18 appointment to serve more than two consecutive four-year terms.
19 (e) Forfeiture of membership.--A board member who fails to
20 attend three consecutive meetings shall forfeit his or her seat
21 unless the commissioner, upon written request from the member,
22 finds that the member should be excused from a meeting because
23 of illness or the death of a family member.
24 (f) Compensation.--Each member of the board, except the
25 secretary, shall receive per diem compensation at the rate of
26 $60 per diem when actually attending to the work of the board.
27 Members shall also receive reasonable travel, hotel and other
28 necessary expenses incurred in the performance of their duties
29 in accordance with Commonwealth regulations.
30 (g) Forfeiture.--A public member who fails to attend two
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1 consecutive statutorily mandated training seminars in accordance
2 with section 813(e) of the act of April 9, 1929 (P.L.177,
3 No.175), known as The Administrative Code of 1929, shall forfeit
4 his or her seat unless the secretary, upon written request from
5 the public member, finds that the public member should be
6 excused from a meeting because of illness or the death of a
7 family member.
8 (h) Quorum.--A majority of the members of the board serving
9 in accordance with law shall constitute a quorum for purposes of
10 conducting the business of the board. Except for votes
11 pertaining to temporary and automatic suspensions, a member may
12 not be counted as part of a quorum or vote on any issue unless
13 he or she is physically in attendance at the meeting.
14 (i) Meetings.--The board shall meet at least four times a
15 year in the city of Harrisburg.
16 (j) Notice.--Reasonable notice of all meetings shall be
17 given in conformity with the former act of July 3, 1986
18 (P.L.388, No.84), known as the Sunshine Act.
19 Section 4. Powers and functions of board.
20 The board shall have the power to do any of the following:
21 (1) Administer and enforce the provisions of this act.
22 (2) Issue and renew licenses to crane operators.
23 (3) Suspend, revoke or fail to renew the license of a
24 crane operator.
25 (4) Adopt standards for certification that are
26 consistent with applicable certification requirements of one
27 or more established and nationally recognized crane operator
28 certification programs recognized by the Federal Occupational
29 Safety and Health Administration.
30 (5) Adopt and publish a code of ethics and standards of
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1 practice for licensed crane operators.
2 (6) Prescribe and charge reasonable fees to support
3 program costs associated with examinations, licenses,
4 renewals and other services performed pursuant to this act.
5 (7) Create any subcommittee the board deems necessary to
6 assist in the performance of its duties.
7 (8) Implement a schedule establishing penalties for
8 violations of this act or any regulations under this act.
9 Section 5. Licensure of crane operators.
10 (a) General rule.--No person shall engage in the operation
11 of a crane or offer himself for employment as a crane operator
12 unless licensed as such under the provisions of this act.
13 (b) Specialties.--A crane operator's license shall be valid
14 only in conjunction with a current certification and only in the
15 specialty or specialties for which the crane operator is
16 certified. The specialties shall include tower crane lattice
17 boom crawler, lattice boom truck, telescopic boom cranes with a
18 capacity of more than 17.5 tons and all rotating cab-mounted
19 machines, telescopic boom cranes with a capacity of less than
20 17.5 tons and all fixed cab-mounted machines and such other
21 specialties as may be designated by the board.
22 Section 6. Crane operator trainee.
23 For the purpose of obtaining at least 1,000 hours of crane-
24 related experience as required under section 7(3) (relating to
25 eligibility for licensure as crane operator), an individual who
26 has met the requirements of section 7(1) and (4) may perform the
27 duties of a crane operator under the immediate supervision of a
28 licensed crane operator.
29 Section 7. Eligibility for licensure as crane operator.
30 To be eligible for a license as a crane operator, an
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1 applicant shall fulfill the following requirements:
2 (1) Be at least 18 years of age.
3 (2) Receive certification from the National Commission
4 for the Certification of Crane Operators or any other
5 organization found by the board to offer an equivalent
6 testing and certification program meeting the requirements of
7 the American Society of Mechanical Engineers (ASME) B30.5 and
8 the accreditation requirements of the National Commission for
9 Certifying Agencies (NCCA) or the American National Standards
10 Institute (ANSI).
11 (3) Have at least 1,000 hours of documented crane-
12 related experience.
13 (4) Be medically and physically capable of performing
14 the responsibilities of operating a crane.
15 Section 8. Application, fee, issuance of license.
16 Upon payment of a fee and the submission of a written
17 application provided by the board, the board shall issue a crane
18 operator license to any person who meets the eligibility
19 requirements of section 7 (relating to eligibility for licensure
20 as crane operator). Applicants who can show proof of
21 certification pursuant to section 7(2) prior to the effective
22 date of this act shall be exempt from the requirements of
23 section 7(3), provided that such certification is active on the
24 effective date of this act.
25 Section 9. Fees established by rule; use.
26 (a) Fees.--The board shall by rule or regulation establish,
27 prescribe or change the fees for licenses, renewals of licenses
28 or other services provided by the board pursuant to the
29 provisions of this act. Licenses shall be issued for a period of
30 five years and may be renewed when the applicant provides proof
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1 that certification required pursuant to section 7(2) (relating
2 to eligibility for licensure as crane operator) has been
3 maintained, except that the board may provide that those
4 licenses first issued or renewed after the effective date of
5 this act shall expire or become void on the expiration date of
6 the certification.
7 (b) Payment.--All fees and any fines imposed by the board
8 shall be paid to the department and shall be directly applied
9 toward enforcement and administrative costs of the board.
10 (c) Insufficient revenues.--If the revenues generated by
11 fees, fines and civil penalties imposed in accordance with the
12 provisions of this act are not sufficient to match expenditures
13 over a two-year period, the board shall increase those fees by
14 regulation, subject to review in accordance with the act of June
15 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act,
16 such that the projected revenues will meet or exceed projected
17 expenditures.
18 Section 10. Refusal, suspension or revocation of license.
19 (a) General rule.--The board shall refuse to issue a license
20 to any person and, after notice and hearing in accordance with
21 rules and regulations, may suspend or revoke the license of any
22 person who has done any of the following:
23 (1) Attempted to or obtained licensure by fraud or
24 misrepresentation.
25 (2) Fraudulently or deceitfully performed work for which
26 a license is required under this act.
27 (3) Within the prior 24 months been convicted of a
28 felony in a Federal court or in the courts of this
29 Commonwealth or any other state, territory or country.
30 Conviction, as used in this paragraph, shall include a
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1 finding or verdict of guilt, an admission of guilt or a plea
2 of nolo contendere.
3 (4) Habitually indulged in the use of narcotics or other
4 habit-forming drugs or excessively indulged in the use of
5 alcoholic liquors.
6 (5) Committed an act of gross negligence.
7 (6) Falsely advertised.
8 (7) Acted in a manner which demonstrates incompetence.
9 (8) Caused or contributed in a negligent manner conduct
10 that directly or indirectly resulted in an injury to a person
11 or damage to property.
12 (9) Had his or her license to operate a crane revoked or
13 suspended or had other disciplinary action taken or had his
14 or her application for a license refused, revoked or
15 suspended by the proper licensing authority of another state,
16 territory or country.
17 (10) Made misleading, deceptive, untrue or fraudulent
18 representations in violation of this act or otherwise in the
19 practice of the profession.
20 (b) Appeal.--All actions of the board shall be taken subject
21 to the right of notice, hearing and adjudication and the right
22 of appeal therefrom in accordance with 2 Pa.C.S. (relating to
23 administrative law and procedure).
24 (c) Reinstatement.--Unless ordered to do so by a court, the
25 board shall not reinstate the license of a person to operate a
26 crane which has been revoked, and such person shall be required
27 to apply for a license after a five-year period if he or she
28 desires to operate a crane at any time after such revocation.
29 Section 11. Reporting of multiple licensure.
30 Any licensee of the board who is also licensed to practice in
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1 any other state, territory or country shall report this
2 information to the board on the license renewal application. Any
3 disciplinary action taken in any other state, territory or
4 country shall be reported to the board on the license renewal
5 application or within 90 days of disposition, whichever is
6 sooner. Multiple licensure shall be noted by the board on the
7 licensee's record, and such state, territory or country shall be
8 notified by the board of any disciplinary actions taken against
9 the licensee in this Commonwealth.
10 Section 12. Surrender of suspended or revoked license.
11 The board shall require a person whose license has been
12 suspended or revoked to return the license in such manner as the
13 board directs. Failure to do so shall constitute a misdemeanor
14 of the third degree.
15 Section 13. Penalties.
16 (a) Criminal penalties.--A person who violates this act
17 commits a misdemeanor of the third degree and shall, upon
18 conviction, be sentenced to pay a fine of up to $1,000 or to
19 imprisonment for not more than 90 days, or both.
20 (b) Civil penalty.--In addition to any other civil remedy or
21 criminal penalty provided for in this act, the board, by a vote
22 of the majority of the maximum number of the authorized
23 membership of the board as provided by law or by a vote of the
24 majority of the duly qualified and confirmed membership or a
25 minimum of three members, whichever is greater, may levy a civil
26 penalty of up to $1,000 on any current licensee who violates any
27 provision of this act or on any person who holds himself or
28 herself out as a licensed crane operator without being so
29 licensed pursuant to this act. The board shall levy this penalty
30 only after affording the accused party the opportunity for a
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1 hearing, as provided in 2 Pa.C.S. (relating to administrative
2 law and procedure).
3 (c) Unlicensed operation.--Other than for training purposes,
4 it shall be a violation of this act for any person to direct or
5 require an individual to operate a crane without the license
6 required under this act.
7 (d) Disposition.--All fines and civil penalties imposed in
8 accordance with this section shall be paid to the department.
9 Section 14. Subpoenas.
10 (a) Power to issue.--The board shall have the authority to
11 issue subpoenas, upon application of an attorney responsible for
12 representing the Commonwealth in disciplinary matters before the
13 board, for the purpose of investigating alleged violations of
14 the disciplinary provisions administered by the board. The board
15 shall have the power to subpoena witnesses, to administer oaths,
16 to examine witnesses and to take such testimony or compel the
17 production of such books, records, papers and documents as it
18 may deem necessary or proper in and pertinent to any proceeding,
19 investigation or hearing held or had by it. The court may impose
20 such limitations on the scope of the subpoena as are necessary
21 to prevent unnecessary intrusion into client confidential
22 information. The board is authorized to apply to Commonwealth
23 Court to enforce its subpoenas.
24 (b) Notification of board.--An attorney responsible for
25 representing the Commonwealth in disciplinary matters before the
26 board shall notify the board immediately upon receiving
27 notification of an alleged violation of this act. The board
28 shall maintain current records of all reports of alleged
29 violations and periodically review the records for the purpose
30 of determining that each alleged violation has been resolved in
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1 a timely manner.
2 Section 15. Unlawful practice.
3 (a) Prohibition.--It shall be unlawful for any person to
4 hold himself or herself out as a licensed crane operator without
5 possessing a valid, unexpired, unrevoked and unsuspended license
6 issued under this act.
7 (b) Injunction.--Unlawful practice may be enjoined by the
8 courts upon petition of the secretary or the board. In any
9 proceeding under this section, it shall not be necessary to show
10 that any person is individually injured by the actions
11 complained of. If the court finds that the respondent has
12 violated this section, it shall enjoin him or her from so
13 practicing until he or she has been duly licensed. Procedure in
14 such cases shall be the same as in any other injunction suit.
15 (c) Remedy cumulative.--The injunctive remedy provided in
16 this section shall be in addition to any other civil or criminal
17 prosecution and punishment.
18 Section 16. Appropriation.
19 The sum of $85,000 or as much thereof as may be necessary is
20 hereby appropriated from the General Fund to the Department of
21 Labor and Industry for the payment of costs of processing
22 licenses and renewals, for the operation of the board and for
23 other general costs of operations relating to this act. The
24 appropriation granted shall be repaid by the board within three
25 years of the beginning of issuance of licenses by the board.
26 Section 17. Severability.
27 The provisions of this act are severable. If any provision of
28 this act or its application to any person or circumstance is
29 held invalid, the invalidity shall not affect other provisions
30 or applications of this act which can be given effect without
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1 the invalid provision or application.
2 Section 18. Effective date.
3 This act shall take effect as follows:
4 (1) Sections 5 and 15 shall take effect in 18 months.
5 (2) The remainder of this act shall take effect in 60
6 days.
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