H. B. 4105
(By Delegates Kuhn, Manuel, Seacrist,
Tillis, Pettit, Linch and Willison)
[Introduced January 28, 1998; referred to the
Committee on Industry and Labor then Government
Organization.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-d, relating
generally to the regulation of persons operating cranes;
providing procedures for certification; allowing the denial,
suspension, revocation of certifications; requiring proposal
of rules; and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-d, to
read as follows:
ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
§21-3D-1. Definitions.
For purposes of this article:
(1) "Commissioner" means the commissioner of the division of
labor, or his or her authorized representative;
(2) "Crane" means a machine designed to hoist, swing and
place loads at various radii that consists of a rotating
superstructure with the power plant, operating machinery, and
boom mounted on:
(A) A base equipped with crawler treads for travel;
(B) An automatic truck equipped with a power plant for
travel;
(C) A base or platform equipped with axles and rubber-tired
wheels for travel and is usually propelled by the engine in the
superstructure but may be equipped with a separate engine
controlled from the superstructure;
(D) A base or car equipped for travel on a railroad track
and is self-propelled or propelled by an outside source; or
(E) A pedestal or tower; and
(3) "Employer" means any person, firm, corporation or other
entity employing an employee.
§21-3D-2. Certification required; exemptions.
(a) Except as provided by subsection (b) of this section, a
person may not operate a crane with a lifting capacity of ten
thousand pounds or more without certification issued under this article.
(b) A person is not required to obtain certification under
this article if the person:
(1) Is a member of the armed forces of the United States or
an employee of the federal government who is performing the work
of a crane operator within the scope of the person's official
duties;
(2) Is primarily an operator of farm machinery who is
performing the work of a crane operator as part of an
agricultural operation; or
(3) Is enrolled in an apprenticeship program for crane
operators approved by the United States department of labor,
bureau of apprenticeship and training and working under the
direct supervision of a certified crane operator.
§21-3D-3. Powers and duties of commissioner.
(a) The commissioner shall:
(1) Prescribe application forms for original and renewal
certification;
(2) Set application fees in amounts that are reasonable and
necessary to defray the costs of the administration of this
article, but in an amount not to exceed seventy-five dollars per
year;
(3) Adopt rules as provided by this section; and
(4) Take other action as necessary to enforce this article.
(b) The commissioner shall adopt rules for the certification
of individuals who operate cranes in this state. The standards
prescribed by the rules must be at least as strict as the
standards prescribed by ASME/ANSI B30.5.
(c) Certification categories shall include lattice boom
truck cranes; lattice boom crawler cranes; small telescoping boom
cranes, greater than two tons but less than seventeen and
one-half tons; and large telescopic boom cranes, more than
seventeen and one-half tons.
§21-3D-4. Examination.
(a) Certification consists of a written examination and a
practical demonstration. The commissioner shall determine
standards for acceptable performance on the examinations. The
standards shall be consistent with national standards and
transferable to other states where possible.
(b) If requested by a person who fails an examination, the
commissioner shall provide the person a written analysis of the
person's performance on the examination.
§21-3D-5. Certification issuance.
(a) The commissioner shall certify an applicant who:
(1) Is at least eighteen years of age;
(2) Meets the application requirements prescribed by rule;
(3) Passes the written examination;
(4) Passes the practical demonstration;
(5) Presents the original, or a photographic copy, of a
physician's certificate that he or she is physically qualified to
drive a commercial motor vehicle as required by 49 C.F.R.
§391.41; and
(6) Pays the application and examination fees.
(b) Certification issued under this article is valid
throughout the state and is not assignable or transferable.
§21-3D-6. Certification renewal.
Certification issued under this article expires one year
from the date on which it is issued. The commissioner shall
promulgate rules concerning certification renewal. The rules
may not be more restrictive than those prescribed for initial
certification. Written and practical examinations and a current
physician's certificate are required at least every five years.
§21-3D-7. Denial, suspension, revocation, or reinstatement of
certification.
(a) The commissioner may deny, suspend, revoke or reinstate
certification.
(b) A violation of this article or rule adopted under this
article is grounds for the denial, suspension, or reinstatement
of certification and the imposition of disciplinary action.
(c) Operation of a crane in violation of this article or
other provision of this code is grounds for the suspension or
revocation of certification issued under this article.
(d) Each certified crane operator shall carry proof of
certification on his or her person during operation of a crane.
A person, operating a crane, who fails to produce the
certification within twenty-four hours after request of the
commissioner or his or her authorized representative, is guilty
of a misdemeanor and, upon conviction thereof, shall be fined no
more than fifty dollars.
(e) At each job site where a crane is operating it is the
employer's responsibility to post in a conspicuous place a copy
of the certification of individuals operating a crane.
(f) A person whose certification has been revoked may apply
for certification after one year from the date of the revocation.
§21-3D-8. Effect of accident.
(a) After a hearing, the commissioner may suspend or revoke
the certification of a person involved in an accident relating to
the operation of a crane by that person.
(b) If the commissioner determines the accident was caused
by the actions or omissions of the certification holder, the
commissioner shall require the certification holder to retake and
pass the certification examinations before the certification holder may apply to have the certification reinstated.
§21-3D-9. Penalties.
(a) A person required to obtain certification under this
article, who operates a crane without certification, is guilty of
a misdemeanor and, upon conviction thereof, shall be fined no
more than five hundred dollars for each violation.
(b) No person may knowingly or intentionally operate a crane
while under the influence of:
(1) Alcohol, as that term is defined by section five,
article one, chapter sixty of this code; or
(2) A controlled substance, as defined by subdivision (d),
section one hundred one, article one, chapter sixty-a of this
code; or a controlled substance analogue or other dangerous drug.
A person who violates this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars. In addition to the fine, the
commissioner of labor shall revoke the person's certification for
not less than one year.
(c) An employer who knowingly employs, permits or directs a
person to operate a crane without proper certification is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
more than one thousand dollars for each violation.
§21-3D-10. Effective date for certification requirement; transition.
(a) A person is not required to obtain certification under
this article until the first day of January, two thousand.
(b) The commissioner, by rule, many establish a system to
stagger the examination dates of the initial certifications
issued under this article.
(c) A person who documents at least two thousand hours of
on-the-job experience operating a crane during the preceding four
years is entitled to certification without a practical
examination under this article if the person applies for
certification not later than the first day of January, two
thousand, meets all other requirements and pays applicable
application and examination fees.
(d) The commissioner shall propose for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, the initial rules required under
subsection (b), section three of this article no later than the
first day of December, one thousand nine hundred ninety-eight.
§21-3D-11. Reciprocity.
To the extent that other states which provide for the
certification of crane operators for similar action, the
commissioner, in his or her discretion, may grant certification
of the same or equivalent classification to persons certified by other states, without examination upon satisfactory proof
furnished to the commissioner that the qualifications for the
applicants are equal to the qualifications of the holders of
similar certification in this state, and upon payment of the
required application fee.
NOTE: The purpose of this bill is to require persons who
operate cranes to be tested and certified by the West Virginia
Division of Labor.
This article is new; therefore, strike-throughs and
underscoring have been omitted.