PRINTER'S NO. 690
No. 617 Session of 2005
INTRODUCED BY CIVERA, ADOLPH, MICOZZIE, BELFANTI, RAYMOND, CALTAGIRONE, DeLUCA, CURRY, GINGRICH, E. Z. TAYLOR, THOMAS, WASHINGTON, WATSON, FLICK, KILLION, O'BRIEN, BARRAR, KENNEY, W. KELLER, DiGIROLAMO, O'NEILL, PETRI, CRAHALLA, BUNT, McGILL, STAIRS, FICHTER, DONATUCCI, McGEEHAN AND MARKOSEK, FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 16, 2005
AN ACT 1 Relating to crane operator licensure; establishing the State 2 Board of Crane Operators; conferring powers and imposing 3 duties; 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
1 manufacturer-rated lifting capacity of ten tons or more. The 2 term shall not include a forklift, digger derrick truck, 3 aircraft, bucket truck or any vehicle or machine not having a 4 power-operated winch and load line. 5 "Crane operator." An individual duly licensed by the State 6 Board of Crane Operators to engage in the operation of a crane. 7 "Crane operator trainee." An individual who has not been 8 issued a license under this act but who is authorized to perform 9 the duties of a crane operator under the immediate supervision 10 of a licensed crane operator. 11 "Crane-related experience." Operating, inspecting, training 12 and maintenance experience which is acceptable to the State 13 Board of Crane Operators. 14 "Department." The Department of Labor and Industry of the 15 Commonwealth. 16 "Immediate supervision." Circumstances in which the 17 supervising crane operator is in the immediate area of the 18 trainee and within visual sighting distance and able to 19 effectively communicate with the trainee. When performing direct 20 supervision, the supervising crane operator shall have no other 21 duties than to observe the operation of the crane by the 22 trainee. 23 "Secretary." The Secretary of Labor and Industry of the 24 Commonwealth. 25 Section 3. State Board of Crane Operators. 26 (a) Establishment.--The State Board of Crane Operators is 27 hereby established as a departmental administrative board in the 28 Department of Labor and Industry. The board shall consist of 29 seven members who are residents of this Commonwealth, including 30 the secretary or his designee, two members appointed by the 20050H0617B0690 - 2 -
1 Governor who shall be members of the public at large and four 2 members appointed by the Governor who shall have been actively 3 engaged in crane-related operations in this Commonwealth for at 4 least five years immediately preceding their appointment. The 5 board shall meet within 30 days after the appointment of its new 6 members and set up operating procedures and develop application 7 forms for licensing crane operators. It shall be the 8 responsibility of the board to circulate these forms and educate 9 the public to the requirements of licensing in order to hold 10 oneself out as a licensed crane operator within this 11 Commonwealth. 12 (b) Membership.--Professional and public members shall be 13 appointed by the Governor with the advice and consent of the 14 Senate for terms of four years, except that of the members first 15 appointed, three shall serve for terms of four years, two shall 16 serve for terms of three years and one shall serve for a term of 17 two years. The professional members of the board initially 18 appointed pursuant to this subsection need not be licensed at 19 the time of appointment but, at the time of appointment, must 20 have satisfied the eligibility requirements for licensure as 21 crane operators as provided in this act. 22 (c) Term of office.--Each board member shall continue in 23 office until a successor is duly appointed and qualified but no 24 longer than six months after the expiration of the term. In the 25 event that a board member shall die, resign or otherwise become 26 disqualified during the term of office, a successor shall be 27 appointed in the same way and with the same qualifications as 28 set forth in this section and shall hold office for the 29 unexpired portion of the unexpired term. 30 (d) Eligibility.--No board member shall be eligible for 20050H0617B0690 - 3 -
1 appointment to serve more than two consecutive four-year terms. 2 (e) Forfeiture of membership.--A board member who fails to 3 attend three consecutive meetings shall forfeit his or her seat 4 unless the commissioner, upon written request from the member, 5 finds that the member should be excused from a meeting because 6 of illness or the death of a family member. 7 (f) Compensation.--Each member of the board, except the 8 secretary, shall receive per diem compensation at the rate of 9 $60 per diem when actually attending to the work of the board. 10 Members shall also receive reasonable travel, hotel and other 11 necessary expenses incurred in the performance of their duties 12 in accordance with Commonwealth regulations. 13 (g) Forfeiture.--A public member who fails to attend two 14 consecutive statutorily mandated training seminars in accordance 15 with section 813(e) of the act of April 9, 1929 (P.L.177, 16 No.175), known as The Administrative Code of 1929, shall forfeit 17 his or her seat unless the secretary, upon written request from 18 the public member, finds that the public member should be 19 excused from a meeting because of illness or the death of a 20 family member. 21 (h) Quorum.--A majority of the members of the board serving 22 in accordance with law shall constitute a quorum for purposes of 23 conducting the business of the board. Except for votes 24 pertaining to temporary and automatic suspensions, a member may 25 not be counted as part of a quorum or vote on any issue unless 26 he or she is physically in attendance at the meeting. 27 (i) Meetings.--The board shall meet at least four times a 28 year in the city of Harrisburg. 29 (j) Notice.--Reasonable notice of all meetings shall be 30 given in conformity with the former act of July 3, 1986 20050H0617B0690 - 4 -
1 (P.L.388, No.84), known as the Sunshine Act. 2 Section 4. Powers and functions of board. 3 The board shall have the power to do any of the following: 4 (1) Administer and enforce the provisions of this act. 5 (2) Issue and renew licenses to crane operators. 6 (3) Suspend, revoke or fail to renew the license of a 7 crane operator. 8 (4) Adopt standards for certification that are 9 consistent with applicable certification requirements of one 10 or more established and nationally recognized crane operator 11 certification programs recognized by the Federal Occupational 12 Safety and Health Administration. 13 (5) Adopt and publish a code of ethics and standards of 14 practice for licensed crane operators. 15 (6) Prescribe and charge reasonable fees to support 16 program costs associated with examinations, licenses, 17 renewals and other services performed pursuant to this act. 18 (7) Create any subcommittee the board deems necessary to 19 assist in the performance of its duties. 20 (8) Implement a schedule establishing penalties for 21 violations of this act or any regulations under this act. 22 Section 5. Licensure of crane operators. 23 (a) General rule.--No person shall engage in the operation 24 of a crane or offer himself for employment as a crane operator 25 unless licensed as such under the provisions of this act. 26 (b) Specialties.--A crane operator's license shall be valid 27 only in conjunction with a current certification and only in the 28 specialty or specialties for which the crane operator is 29 certified. The specialties shall include tower crane lattice 30 boom crawler, lattice boom truck, telescopic boom cranes with a 20050H0617B0690 - 5 -
1 capacity of more than 17.5 tons and all rotating cab-mounted 2 machines, telescopic boom cranes with a capacity of less than 3 17.5 tons and all fixed cab-mounted machines and such other 4 specialties as may be designated by the board. 5 Section 6. Crane operator trainee. 6 For the purpose of obtaining at least 1,000 hours of crane- 7 related experience as required by section 7(3) (relating to 8 eligibility for licensure as crane operator), an individual who 9 has met the requirements of section 7(1) and (4) may perform the 10 duties of a crane operator under the immediate supervision of a 11 licensed crane operator. 12 Section 7. Eligibility for licensure as crane operator. 13 To be eligible for a license as a crane operator, an 14 applicant shall fulfill the following requirements: 15 (1) Be at least 18 years of age. 16 (2) Receive certification from the National Commission 17 for the Certification of Crane Operators or any other 18 organization found by the board to offer an equivalent 19 testing and certification program meeting the requirements of 20 the American Society of Mechanical Engineers (ASME) B30.5 and 21 the accreditation requirements of the National Commission for 22 Certifying Agencies (NCCA) or the American National Standards 23 Institute (ANSI). 24 (3) Have at least 1,000 hours of documented crane- 25 related experience. 26 (4) Be medically and physically capable of performing 27 the responsibilities of operating a crane. 28 Section 8. Application, fee, issuance of license. 29 Upon payment of a fee and the submission of a written 30 application provided by the board, the board shall issue a crane 20050H0617B0690 - 6 -
1 operator license to any person who meets the eligibility 2 requirements of section 7 (relating to eligibility for licensure 3 as crane operator). Applicants who can show proof of 4 certification pursuant to section 7(2) prior to the effective 5 date of this act shall be exempt from the requirements of 6 section 7(3), provided that such certification is active on the 7 effective date of this act. 8 Section 9. Fees established by rule; use. 9 (a) Fees.--The board shall by rule or regulation establish, 10 prescribe or change the fees for licenses, renewals of licenses 11 or other services provided by the board pursuant to the 12 provisions of this act. Licenses shall be issued for a period of 13 five years and may be renewed when the applicant provides proof 14 that certification required pursuant to section 7(2) (relating 15 to eligibility for licensure as crane operator) has been 16 maintained, except that the board may provide that those 17 licenses first issued or renewed after the effective date of 18 this act shall expire or become void on the expiration date of 19 the certification. 20 (b) Payment.--All fees and any fines imposed by the board 21 shall be paid to the department and shall be directly applied 22 toward enforcement and administrative costs of the board. 23 (c) Insufficient revenues.--If the revenues generated by 24 fees, fines and civil penalties imposed in accordance with the 25 provisions of this act are not sufficient to match expenditures 26 over a two-year period, the board shall increase those fees by 27 regulation, subject to review in accordance with the act of June 28 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, 29 such that the projected revenues will meet or exceed projected 30 expenditures. 20050H0617B0690 - 7 -
1 Section 10. Refusal, suspension or revocation of license. 2 (a) General rule.--The board shall refuse to issue a license 3 to any person and, after notice and hearing in accordance with 4 rules and regulations, may suspend or revoke the license of any 5 person who has done any of the following: 6 (1) Attempted to or obtained licensure by fraud or 7 misrepresentation. 8 (2) Fraudulently or deceitfully performed work for which 9 a license is required under this act. 10 (3) Within the prior 24 months been convicted of a 11 felony in a Federal court or in the courts of this 12 Commonwealth or any other state, territory or country. 13 Conviction, as used in this paragraph, shall include a 14 finding or verdict of guilt, an admission of guilt or a plea 15 of nolo contendere. 16 (4) Habitually indulged in the use of narcotics or other 17 habit-forming drugs or excessively indulged in the use of 18 alcoholic liquors. 19 (5) Committed an act of gross negligence. 20 (6) Falsely advertised. 21 (7) Acted in a manner which demonstrates incompetence. 22 (8) Caused or contributed in a negligent manner conduct 23 that directly or indirectly resulted in an injury to a person 24 or damage to property. 25 (9) Had his or her license to operate a crane revoked or 26 suspended or had other disciplinary action taken or had his 27 or her application for a license refused, revoked or 28 suspended by the proper licensing authority of another state, 29 territory or country. 30 (10) Made misleading, deceptive, untrue or fraudulent 20050H0617B0690 - 8 -
1 representations in violation of this act or otherwise in the 2 practice of the profession. 3 (b) Appeal.--All actions of the board shall be taken subject 4 to the right of notice, hearing and adjudication and the right 5 of appeal therefrom in accordance with 2 Pa.C.S. (relating to 6 administrative law and procedure). 7 (c) Reinstatement.--Unless ordered to do so by a court, the 8 board shall not reinstate the license of a person to operate a 9 crane which has been revoked, and such person shall be required 10 to apply for a license after a five-year period if he or she 11 desires to operate a crane at any time after such revocation. 12 Section 11. Reporting of multiple licensure. 13 Any licensee of the board who is also licensed to practice in 14 any other state, territory or country shall report this 15 information to the board on the license renewal application. Any 16 disciplinary action taken in any other state, territory or 17 country shall be reported to the board on the license renewal 18 application or within 90 days of disposition, whichever is 19 sooner. Multiple licensure shall be noted by the board on the 20 licensee's record, and such state, territory or country shall be 21 notified by the board of any disciplinary actions taken against 22 the licensee in this Commonwealth. 23 Section 12. Surrender of suspended or revoked license. 24 The board shall require a person whose license has been 25 suspended or revoked to return the license in such manner as the 26 board directs. Failure to do so shall constitute a misdemeanor 27 of the third degree. 28 Section 13. Penalties. 29 (a) Criminal penalties.--A person who violates this act 30 commits a misdemeanor of the third degree and shall, upon 20050H0617B0690 - 9 -
1 conviction, be sentenced to pay a fine of up to $1,000 or to 2 imprisonment for not more than 90 days, or both. 3 (b) Civil penalty.--In addition to any other civil remedy or 4 criminal penalty provided for in this act, the board, by a vote 5 of the majority of the maximum number of the authorized 6 membership of the board as provided by law or by a vote of the 7 majority of the duly qualified and confirmed membership or a 8 minimum of three members, whichever is greater, may levy a civil 9 penalty of up to $1,000 on any current licensee who violates any 10 provision of this act or on any person who holds himself or 11 herself out as a licensed crane operator without being so 12 licensed pursuant to this act. The board shall levy this penalty 13 only after affording the accused party the opportunity for a 14 hearing, as provided in 2 Pa.C.S. (relating to administrative 15 law and procedure). 16 (c) Unlicensed operation.--Other than for training purposes, 17 it shall be a violation of this act for any person to direct or 18 require an individual to operate a crane without the license 19 required under this act. 20 (d) Disposition.--All fines and civil penalties imposed in 21 accordance with this section shall be paid to the department. 22 Section 14. Subpoenas. 23 (a) Power to issue.--The board shall have the authority to 24 issue subpoenas, upon application of an attorney responsible for 25 representing the Commonwealth in disciplinary matters before the 26 board, for the purpose of investigating alleged violations of 27 the disciplinary provisions administered by the board. The board 28 shall have the power to subpoena witnesses, to administer oaths, 29 to examine witnesses and to take such testimony or compel the 30 production of such books, records, papers and documents as it 20050H0617B0690 - 10 -
1 may deem necessary or proper in and pertinent to any proceeding, 2 investigation or hearing held or had by it. The court may impose 3 such limitations on the scope of the subpoena as are necessary 4 to prevent unnecessary intrusion into client confidential 5 information. The board is authorized to apply to Commonwealth 6 Court to enforce its subpoenas. 7 (b) Notification of board.--An attorney responsible for 8 representing the Commonwealth in disciplinary matters before the 9 board shall notify the board immediately upon receiving 10 notification of an alleged violation of this act. The board 11 shall maintain current records of all reports of alleged 12 violations and periodically review the records for the purpose 13 of determining that each alleged violation has been resolved in 14 a timely manner. 15 Section 15. Unlawful practice. 16 (a) Prohibition.--It shall be unlawful for any person to 17 hold himself or herself out as a licensed crane operator without 18 possessing a valid, unexpired, unrevoked and unsuspended license 19 issued under this act. 20 (b) Injunction.--Unlawful practice may be enjoined by the 21 courts upon petition of the secretary or the board. In any 22 proceeding under this section, it shall not be necessary to show 23 that any person is individually injured by the actions 24 complained of. If the court finds that the respondent has 25 violated this section, it shall enjoin him or her from so 26 practicing until he or she has been duly licensed. Procedure in 27 such cases shall be the same as in any other injunction suit. 28 (c) Remedy cumulative.--The injunctive remedy provided in 29 this section shall be in addition to any other civil or criminal 30 prosecution and punishment. 20050H0617B0690 - 11 -
1 Section 16. Appropriation. 2 The sum of $85,000 or as much thereof as may be necessary is 3 hereby appropriated from the General Fund to the Department of 4 Labor and Industry for the payment of costs of processing 5 licenses and renewals, for the operation of the board and for 6 other general costs of operations relating to this act. The 7 appropriation granted shall be repaid by the board within three 8 years of the beginning of issuance of licenses by the board. 9 Section 17. Severability. 10 The provisions of this act are severable. If any provision of 11 this act or its application to any person or circumstance is 12 held invalid, the invalidity shall not affect other provisions 13 or applications of this act which can be given effect without 14 the invalid provision or application. 15 Section 18. Effective date. 16 This act shall take effect as follows: 17 (1) Sections 5 and 15 shall take effect in 18 months. 18 (2) The remainder of this act shall take effect in 60 19 days. A31L63MRD/20050H0617B0690 - 12 -