PRINTER'S NO. 1867
No. 1235 Session of 2004
INTRODUCED BY ERICKSON, KITCHEN, KUKOVICH, COSTA, LEMMOND,
PILEGGI AND C. WILLIAMS, OCTOBER 15, 2004
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 15, 2004
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 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Crane
8 Operator Licensure Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The State Board of Crane Operators.
14 "Crane." A power-operated hoisting machine that has a power-
15 operated winch, load line and boom moving laterally by the
16 rotation of the machine on a carrier or base and has a
17 manufacturer-rated lifting capacity of ten tons or more. The
18 term shall not include a forklift, digger derrick truck,
1 aircraft, bucket truck or any vehicle or machine not having a
2 power-operated winch and load line.
3 "Crane operator." An individual duly licensed by the State
4 Board of Crane Operators to engage in the operation of a crane.
5 "Crane operator trainee." An individual who has not been
6 issued a license under this act but who is authorized to perform
7 the duties of a crane operator under the immediate supervision
8 of a licensed crane operator.
9 "Crane-related experience." Operating, inspecting, training
10 and maintenance experience which is acceptable to the State
11 Board of Crane Operators.
12 "Department." The Department of Labor and Industry of the
13 Commonwealth.
14 "Immediate supervision." Circumstances in which the
15 supervising crane operator is in the immediate area of the
16 trainee and within visual sighting distance and able to
17 effectively communicate with the trainee. When performing direct
18 supervision, the supervising crane operator shall have no other
19 duties than to observe the operation of the crane by the
20 trainee.
21 "Secretary." The Secretary of Labor and Industry of the
22 Commonwealth.
23 Section 3. State Board of Crane Operators.
24 (a) Establishment.--The State Board of Crane Operators is
25 hereby established as a departmental administrative board in the
26 Department of Labor and Industry. The board shall consist of
27 seven members who are residents of this Commonwealth, including
28 the secretary or his designee, two members appointed by the
29 Governor who shall be members of the public at large and four
30 members appointed by the Governor who shall have been actively
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1 engaged in crane-related operations in this Commonwealth for at
2 least five years immediately preceding their appointment. The
3 board shall meet within 30 days after the appointment of its new
4 members and set up operating procedures and develop application
5 forms for licensing crane operators. It shall be the
6 responsibility of the board to circulate these forms and educate
7 the public to the requirements of licensing in order to hold
8 oneself out as a licensed crane operator within this
9 Commonwealth.
10 (b) Membership.--Professional and public members shall be
11 appointed by the Governor with the advice and consent of the
12 Senate for terms of four years, except that of the members first
13 appointed, three shall serve for terms of four years, two shall
14 serve for terms of three years and one shall serve for a term of
15 two years. The professional members of the board initially
16 appointed pursuant to this subsection need not be licensed at
17 the time of appointment but, at the time of appointment, must
18 have satisfied the eligibility requirements for licensure as
19 crane operators as provided in this act.
20 (c) Term of office.--Each board member shall continue in
21 office until a successor is duly appointed and qualified but no
22 longer than six months after the expiration of the term. In the
23 event that a board member shall die, resign or otherwise become
24 disqualified during the term of office, a successor shall be
25 appointed in the same way and with the same qualifications as
26 set forth in this section and shall hold office for the
27 unexpired portion of the unexpired term.
28 (d) Eligibility.--No board member shall be eligible for
29 appointment to serve more than two consecutive four-year terms.
30 (e) Forfeiture of membership.--A board member who fails to
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1 attend three consecutive meetings shall forfeit his or her seat
2 unless the commissioner, upon written request from the member,
3 finds that the member should be excused from a meeting because
4 of illness or the death of a family member.
5 (f) Compensation.--Each member of the board, except the
6 secretary, shall receive per diem compensation at the rate of
7 $60 per diem when actually attending to the work of the board.
8 Members shall also receive reasonable travel, hotel and other
9 necessary expenses incurred in the performance of their duties
10 in accordance with Commonwealth regulations.
11 (g) Forfeiture.--A public member who fails to attend two
12 consecutive statutorily mandated training seminars in accordance
13 with section 813(e) of the act of April 9, 1929 (P.L.177,
14 No.175), known as The Administrative Code of 1929, shall forfeit
15 his or her seat unless the secretary, upon written request from
16 the public member, finds that the public member should be
17 excused from a meeting because of illness or the death of a
18 family member.
19 (h) Quorum.--A majority of the members of the board serving
20 in accordance with law shall constitute a quorum for purposes of
21 conducting the business of the board. Except for votes
22 pertaining to temporary and automatic suspensions, a member may
23 not be counted as part of a quorum or vote on any issue unless
24 he or she is physically in attendance at the meeting.
25 (i) Meetings.--The board shall meet at least four times a
26 year in the city of Harrisburg.
27 (j) Notice.--Reasonable notice of all meetings shall be
28 given in conformity with the former act of July 3, 1986
29 (P.L.388, No.84), known as the Sunshine Act.
30 Section 4. Powers and functions of board.
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1 The board shall have the power to do any of the following:
2 (1) Administer and enforce the provisions of this act.
3 (2) Issue and renew licenses to crane operators.
4 (3) Suspend, revoke or fail to renew the license of a
5 crane operator.
6 (4) Adopt standards for certification that are
7 consistent with applicable certification requirements of one
8 or more established and nationally recognized crane operator
9 certification programs recognized by the Federal Occupational
10 Safety and Health Administration.
11 (5) Adopt and publish a code of ethics and standards of
12 practice for licensed crane operators.
13 (6) Prescribe and charge reasonable fees to support
14 program costs associated with examinations, licenses,
15 renewals and other services performed pursuant to this act.
16 (7) Create any subcommittee the board deems necessary to
17 assist in the performance of its duties.
18 (8) Implement a schedule establishing penalties for
19 violations of this act or any regulations under this act.
20 Section 5. Licensure of crane operators.
21 (a) General rule.--No person shall engage in the operation
22 of a crane or offer himself for employment as a crane operator
23 unless licensed as such under the provisions of this act.
24 (b) Specialties.--A crane operator's license shall be valid
25 only in conjunction with a current certification and only in the
26 specialty or specialties for which the crane operator is
27 certified. The specialties shall include tower crane lattice
28 boom crawler, lattice boom truck, telescopic boom cranes with a
29 capacity of more than 17.5 tons and all rotating cab-mounted
30 machines, telescopic boom cranes with a capacity of less than
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1 17.5 tons and all fixed cab-mounted machines and such other
2 specialties as may be designated by the board.
3 Section 6. Crane operator trainee.
4 For the purpose of obtaining at least 1,000 hours of crane-
5 related experience as required by section 7(3), an individual
6 who has met the requirements of section 7(1) and (4) may perform
7 the duties of a crane operator under the immediate supervision
8 of a licensed crane operator.
9 Section 7. Eligibility for licensure as crane operator.
10 To be eligible for a license as a crane operator, an
11 applicant shall fulfill the following requirements:
12 (1) Be at least 18 years of age.
13 (2) Receive certification from the National Commission
14 for the Certification of Crane Operators or any other
15 organization found by the board to offer an equivalent
16 testing and certification program meeting the requirements of
17 the American Society of Mechanical Engineers (ASME) B30.5 and
18 the accreditation requirements of the National Commission for
19 Certifying Agencies (NCCA) or the American National Standards
20 Institute (ANSI).
21 (3) Have at least 1,000 hours of documented crane-
22 related experience.
23 (4) Be medically and physically capable of performing
24 the responsibilities of operating a crane.
25 Section 8. Application, fee, issuance of license.
26 Upon payment of a fee and the submission of a written
27 application provided by the board, the board shall issue a crane
28 operator license to any person who meets the eligibility
29 requirements of section 7. Applicants who can show proof of
30 certification pursuant to section 7(2) prior to the effective
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1 date of this act shall be exempt from the requirements of
2 section 7(3), provided that such certification is active on the
3 effective date of this act.
4 Section 9. Fees established by rule; use.
5 (a) Fees.--The board shall by rule or regulation establish,
6 prescribe or change the fees for licenses, renewals of licenses
7 or other services provided by the board pursuant to the
8 provisions of this act. Licenses shall be issued for a period of
9 five years and may be renewed when the applicant provides proof
10 that certification required pursuant to section 7(2) has been
11 maintained, except that the board may provide that those
12 licenses first issued or renewed after the effective date of
13 this act shall expire or become void on the expiration date of
14 the certification.
15 (b) Payment.--All fees and any fines imposed by the board
16 shall be paid to the department and shall be directly applied
17 toward enforcement and administrative costs of the board.
18 (c) Insufficient revenues.--If the revenues generated by
19 fees, fines and civil penalties imposed in accordance with the
20 provisions of this act are not sufficient to match expenditures
21 over a two-year period, the board shall increase those fees by
22 regulation, subject to review in accordance with the act of June
23 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act,
24 such that the projected revenues will meet or exceed projected
25 expenditures.
26 Section 10. Refusal, suspension or revocation of license.
27 (a) General rule.--The board shall refuse to issue a license
28 to any person and, after notice and hearing in accordance with
29 rules and regulations, may suspend or revoke the license of any
30 person who has done any of the following:
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1 (1) Attempted to or obtained licensure by fraud or
2 misrepresentation.
3 (2) Fraudulently or deceitfully performed work for which
4 a license is required under this act.
5 (3) Within the prior 24 months been convicted of a
6 felony in a Federal court or in the courts of this
7 Commonwealth or any other state, territory or country.
8 Conviction, as used in this paragraph, shall include a
9 finding or verdict of guilt, an admission of guilt or a plea
10 of nolo contendere.
11 (4) Habitually indulged in the use of narcotics or other
12 habit-forming drugs or excessively indulged in the use of
13 alcoholic liquors.
14 (5) Committed an act of gross negligence.
15 (6) Falsely advertised.
16 (7) Acted in a manner which demonstrates incompetence.
17 (8) Caused or contributed in a negligent manner conduct
18 that directly or indirectly resulted in an injury to a person
19 or damage to property.
20 (9) Had his or her license to operate a crane revoked or
21 suspended or had other disciplinary action taken or had his
22 or her application for a license refused, revoked or
23 suspended by the proper licensing authority of another state,
24 territory or country.
25 (10) Made misleading, deceptive, untrue or fraudulent
26 representations in violation of this act or otherwise in the
27 practice of the profession.
28 (b) Appeal.--All actions of the board shall be taken subject
29 to the right of notice, hearing and adjudication and the right
30 of appeal therefrom in accordance with 2 Pa.C.S. (relating to
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1 administrative law and procedure).
2 (c) Reinstatement.--Unless ordered to do so by a court, the
3 board shall not reinstate the license of a person to operate a
4 crane which has been revoked, and such person shall be required
5 to apply for a license after a five-year period if he or she
6 desires to operate a crane at any time after such revocation.
7 Section 11. Reporting of multiple licensure.
8 Any licensee of the board who is also licensed to practice in
9 any other state, territory or country shall report this
10 information to the board on the license renewal application. Any
11 disciplinary action taken in any other state, territory or
12 country shall be reported to the board on the license renewal
13 application or within 90 days of disposition, whichever is
14 sooner. Multiple licensure shall be noted by the board on the
15 licensee's record, and such state, territory or country shall be
16 notified by the board of any disciplinary actions taken against
17 the licensee in this Commonwealth.
18 Section 12. Surrender of suspended or revoked license.
19 The board shall require a person whose license has been
20 suspended or revoked to return the license in such manner as the
21 board directs. Failure to do so shall constitute a misdemeanor
22 of the third degree.
23 Section 13. Penalties.
24 (a) Criminal penalties.--A person who violates this act
25 commits a misdemeanor of the third degree and shall, upon
26 conviction, be sentenced to pay a fine of up to $1,000 or to
27 imprisonment for not more than 90 days, or both.
28 (b) Civil penalty.--In addition to any other civil remedy or
29 criminal penalty provided for in this act, the board, by a vote
30 of the majority of the maximum number of the authorized
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1 membership of the board as provided by law or by a vote of the
2 majority of the duly qualified and confirmed membership or a
3 minimum of three members, whichever is greater, may levy a civil
4 penalty of up to $1,000 on any current licensee who violates any
5 provision of this act or on any person who holds himself or
6 herself out as a licensed crane operator without being so
7 licensed pursuant to this act. The board shall levy this penalty
8 only after affording the accused party the opportunity for a
9 hearing, as provided in 2 Pa.C.S. (relating to administrative
10 law and procedure).
11 (c) Unlicensed operation.--Other than for training purposes,
12 it shall be a violation of this act for any person to direct or
13 require an individual to operate a crane without the license
14 required under this act.
15 (d) Disposition.--All fines and civil penalties imposed in
16 accordance with this section shall be paid to the department.
17 Section 14. Subpoenas.
18 (a) Power to issue.--The board shall have the authority to
19 issue subpoenas, upon application of an attorney responsible for
20 representing the Commonwealth in disciplinary matters before the
21 board, for the purpose of investigating alleged violations of
22 the disciplinary provisions administered by the board. The board
23 shall have the power to subpoena witnesses, to administer oaths,
24 to examine witnesses and to take such testimony or compel the
25 production of such books, records, papers and documents as it
26 may deem necessary or proper in and pertinent to any proceeding,
27 investigation or hearing held or had by it. The court may impose
28 such limitations on the scope of the subpoena as are necessary
29 to prevent unnecessary intrusion into client confidential
30 information. The board is authorized to apply to Commonwealth
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1 Court to enforce its subpoenas.
2 (b) Notification of board.--An attorney responsible for
3 representing the Commonwealth in disciplinary matters before the
4 board shall notify the board immediately upon receiving
5 notification of an alleged violation of this act. The board
6 shall maintain current records of all reports of alleged
7 violations and periodically review the records for the purpose
8 of determining that each alleged violation has been resolved in
9 a timely manner.
10 Section 15. Unlawful practice.
11 (a) Prohibition.--It shall be unlawful for any person to
12 hold himself or herself out as a licensed crane operator without
13 possessing a valid, unexpired, unrevoked and unsuspended license
14 issued under this act.
15 (b) Injunction.--Unlawful practice may be enjoined by the
16 courts upon petition of the secretary or the board. In any
17 proceeding under this section, it shall not be necessary to show
18 that any person is individually injured by the actions
19 complained of. If the court finds that the respondent has
20 violated this section, it shall enjoin him or her from so
21 practicing until he or she has been duly licensed. Procedure in
22 such cases shall be the same as in any other injunction suit.
23 (c) Remedy cumulative.--The injunctive remedy provided in
24 this section shall be in addition to any other civil or criminal
25 prosecution and punishment.
26 Section 16. Appropriation.
27 The sum of $85,000 or as much thereof as may be necessary is
28 hereby appropriated from the General Fund to the Department of
29 Labor and Industry for the payment of costs of processing
30 licenses and renewals, for the operation of the board and for
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1 other general costs of operations relating to this act. The
2 appropriation granted shall be repaid by the board within three
3 years of the beginning of issuance of licenses by the board.
4 Section 17. Severability.
5 The provisions of this act are severable. If any provision of
6 this act or its application to any person or circumstance is
7 held invalid, the invalidity shall not affect other provisions
8 or applications of this act which can be given effect without
9 the invalid provision or application.
10 Section 18. Effective date.
11 This act shall take effect as follows:
12 (1) Sections 5 and 15 shall take effect in 18 months.
13 (2) The remainder of this act shall take effect in 60
14 days.
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